Chapter Env-Wq 300 Surface Water Protection

Part Env-Wq 301 State Surface Water Discharge Permits

N.H. Code Admin. R. Ann. Env-Wq 301.01 Purpose {#sec-env-wq-301.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.01}

The purpose of these rules is to establish the standards and procedures by which a facility can obtain a state discharge permit under RSA 485-A:13, I(a).

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.02 Applicability {#sec-env-wq-301.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.02}

(a) These rules shall apply to all discharges of pollutants from a point source to surface waters that require a state discharge permit only.

(b) These rules shall not apply to:

(1) Facilities that require both a state discharge permit and a federal National Pollutant Discharge Elimination System (NPDES) permit under section 402 of the Clean Water Act, which are subject to regulations adopted by the United States Environmental Protection Agency under 40 CFR, including but not limited to 40 CFR Parts 122 and 125;

(2) Any activity for which a water quality certification is required pursuant to RSA 485-A:12, III and §401 of the Clean Water Act; or

(3) Discharges that are subject to Env-Wq 305.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.03 Definitions {#sec-env-wq-301.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.03}

(a) “7Q10” means “7Q10” as defined in RSA 485-A:2, XXIV, as reprinted in appendix B.

(b) “Administratively complete” means that the application contains all items and information required by the applicable provisions in Env-Wq 301.

(c) “Biochemical oxygen demand (BOD)” means a measurement of the amount of oxygen used by the decomposition of organic material in a wastewater sample over a 5-day period.

(d) “Bypass” means bypass as defined in RSA 485-A:2, XVII, as reprinted in appendix B.

(e) “Department” means “department” as defined in RSA 485-A:2, III, as reprinted in appendix B.

(f) “Discharge” means the addition, introduction, leaking, spilling, or emitting of a pollutant to surface waters of the state, whether done intentionally, unintentionally, negligently, or otherwise.

(g) “Effluent limitations” means any restriction(s) imposed by the department, pursuant to RSA 485-A, or by the United States Environmental Protection Agency (EPA), pursuant to 40 CFR Parts 122 or 125, on quantities, discharge rates, characteristics, or concentrations of pollutants that are discharged to surface waters of the state.

(h) “Existing uses” means those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in Env-Wq 1700. The term does not include assimilation or transport of pollutants.

(i) “Harmonic mean flow” means the number of daily stream flow measurements divided by the sum of the reciprocals of the daily stream flows.

(j) “Industrial waste” means “industrial waste” as defined in RSA 485-A: 2, VI, as reprinted in appendix B.

(k) “Municipality” means a city or town.

(l) “Operator in responsible charge” means the operator who oversees the daily operation of the wastewater treatment facility and is ultimately accountable for decisions involving all plant operational duties, including maintenance of process equipment, laboratory work, equipment operation, administration, process control, record keeping, and reporting, necessary for the wastewater treatment plant to comply with applicable federal and state requirements.

(m) “Other waste” means “other waste” as defined in RSA 485-A:2, VIII, as reprinted in appendix B.

(n) “Person” means “person” as defined in RSA 485-A:2, IX, as reprinted in appendix B.

(o) “pH” means a measure of the hydrogen ion concentration in a solution, expressed as the logarithm to the base 10, of the reciprocal of the hydrogen ion concentration in gram moles per liter.

(p) “Point source” means a discernible, confined, and discrete conveyance from which pollutants are or might be discharged. The term includes but is not limited to a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft. The term does not include return flows from irrigated agriculture.

(q) “Pollutant” means any dredged material, solid waste, incinerator residue, sewage, filter backwash, garbage, sewage sludge, septage, munitions, chemical wastes, biological materials, genetically engineered or altered materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, soil, or any other industrial, commercial, municipal, or agricultural waste or any other substance in concentrations or amounts that, when in contact with surface waters, could create a nuisance or render such waters harmful, detrimental, or injurious to public health, safety, or welfare, to plant, animal, or aquatic life, or to other designated or existing uses.

(r) “Receiving water” means the surface waters into which pollutants are or may be discharged.

(s) “Sewage” means sewage as defined in RSA 485-A:2, X, as reprinted in appendix B.

(t) “Surface waters” means “surface waters of the state” as defined in RSA 485-A:2, XIV as reprinted in appendix B, wetlands that are subject to regulation under RSA 482-A, and “waters of the United States” as defined in 40 CFR §122.2 that are within the jurisdiction of the state. The term does not include non-tidal drainage ditches that were designed, built, and used to convey wastewater or stormwater. The term also does not include constructed wetlands, cooling ponds, lagoons, and other treatment systems designed and built solely as wastewater or stormwater treatment systems, provided such facilities were not initially constructed in surface waters of the state or were not constructed to serve other mitigation purposes.

(u) “Tidal waters” means those portions of the Atlantic Ocean within the jurisdiction of the state, and other surface waters subject to the rise and fall of the tide.

(v) “Upset” means “upset” as defined in RSA 485-A:2, XVIII, as reprinted in appendix B.

(w) “Wastewater facilities” means “wastewater facilities” as defined in RSA 485-A:2, XIX, as reprinted in appendix B.

(x) “Wastewater treatment plant” means “wastewater treatment plant” as defined in RSA 485-A:2, XVI-a, as reprinted in appendix B.

(y) “Wetland” means “wetlands” as defined by RSA 482-A:2, X, as reprinted in appendix B.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.04 Permit Application Required; Application Content {#sec-env-wq-301.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.04}

(a) Pursuant to RSA 485-A:13, I(a), no person shall discharge any sewage or waste to surface water without first obtaining a written permit from the department.

(b) Any person wishing to obtain a new or modified state surface water discharge permit shall apply for a permit or permit modification, as applicable, by submitting the following information in writing to the department:

(1) The name and location of the facility;

(2) The name, title, and daytime telephone number of the operator in responsible charge of the facility;

(3) The name, mailing address, daytime telephone number, and, if available, an email address of the owner of the facility and, if the owner is other than an individual, the name, title, daytime telephone number, and, if available, an email address of an individual who can be contacted regarding the application;

(4) The mailing address of the facility;

(5) The applicable North American Industry Classification System (NAICS) code(s);

(6) A list of any other environmental permits that the facility has obtained or has applied for;

(7) A description of the business conducted at the facility;

(8) A unit process flow diagram and design data for existing and proposed wastewater treatment facilities;

(9) A list of the water supply source(s) for the facility and, if water from more than one source is discharged, the percent of the total that each source represents;

(10) An original or a color copy of a 7½ minute series USGS Quadrangle map showing the location of the facility and all discharge pipes to the receiving water body, provided, however that if a 7½ minute map is unavailable, a l5 minute series shall be acceptable;

(11) A facility site plan showing buildings, outfall locations, surface waters, and drainage in sufficient detail so that they can be located on site;

(12) The name of the receiving water;

(13) If applicable, facility plans and specifications for design and construction stamped by a New Hampshire professional engineer as required by RSA 310-A:18;

(14) A description and location of the uses of the receiving water located within 5 miles of the discharge(s);

(15) Any available water quality data of the receiving water or, if applicable, effluent data not previously submitted to the department;

(16) If the owner of the facility is not the owner of the land on which the facility is or will be located, a notarized affidavit signed by the land owner that the applicant, or the facility owner the applicant represents, has right, title, or interest in the property on which the facility is or will be located, because the facility owner leases or has a binding option to purchase the property on which the facility is or will be located;

(17) If the owner of the facility is an entity that is required by RSA 292, RSA 293, RSA 293-A, or other applicable provision of New Hampshire law to register with the New Hampshire secretary of state, proof that the entity is registered and in good standing to do business in New Hampshire; and

(18) Where the applicant is not the legal owner of the facility, a copy of the agreement authorizing the applicant to act on behalf of the owner for purposes of the application.

(c) Any applicant requesting authorization for a new discharge or an increased discharge of pollutants at an existing facility shall contact the department prior to submitting the application to determine whether the department will need any instream water quality information in order to assess the impact of the discharge on the receiving water. If the department does not already have the instream water quality data necessary to assess the impact of the discharge on the receiving water, the applicant shall submit the necessary data.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.05 Signature Required {#sec-env-wq-301.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.05}

(a) The applicant and, if the applicant is other than the owner of the facility, the owner shall sign the application submitted pursuant to Env-Wq 301.04.

(b) The signature(s) shall constitute certification 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 any permit granted based on false, incomplete, or misleading information shall be subject to revocation.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.06 Completeness Review; Hearing Notice {#sec-env-wq-301.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.06}

(a) Within 30 days of receipt of an application, the department shall determine whether the application is administratively complete.

(b) If the department determines that the application does not contain all required information, the department shall notify the applicant in writing of what information is needed to complete the application.

(c) The notice sent pursuant to (b), above, also shall inform the applicant that:

(1) If the information is not provided within 60 days of the department’s request, the application will be denied; and

(2) The time that elapses between the date of the notice and the receipt by the department of all information required to complete the application shall not be included in the 60-day period referenced in Env-Wq 301.08(c).

(d) If the applicant submits any information to complete or amend the application between the date of initial filing and the date the department determines the application is complete, the 60-day period referenced in Env-Wq 301.08(c) shall be measured from the date of latest submittal.

(e) If the department does not receive the information needed to complete the application, the department shall inform the applicant in writing that the application is denied due to the incompleteness.

(f) Pursuant to RSA 541-A:29, IV, the department may extend the time periods for review upon written agreement of the applicant.

(g) When the department determines that the application is administratively complete, the department shall:

(1) Give notice of the application as required by RSA 485-A:4, XVII, by first-class mail to the clerk of the municipality in which the point of discharge is located and each adjacent municipality that is located on the same receiving water as the point of discharge;

(2) Schedule a public hearing on the application in the municipality in which the activity is proposed to occur and determine the date by which written public comments must be submitted, which shall be 15 days after the date of the hearing;

(3) Publish notice of the public hearing and public comment period no less than 30 days prior to the hearing in a newspaper of local circulation; and

(4) Conduct the hearing in accordance with Env-Wq 301.07 and the provisions of Env-C 200 that apply to non-adjudicative proceedings.

(h) The notice published pursuant to (g)(3), above, shall contain the following information:

(1) The name and mailing address of the applicant;

(2) The location, date, and time of the public hearing;

(3) The locally-accessible place where the application can be reviewed;

(4) The name, address, and telephone number of the individual in the department to whom comments can be sent;

(5) The type of activity proposed to be conducted;

(6) The proposed location of the facility;

(7) The name of the owner; and

(8) The deadline for submission of written comments.

(i) A determination that the application is administratively complete shall not be construed as a decision on the merits of the application.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.07 Public Hearing {#sec-env-wq-301.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.07}

(a) At the hearing, the applicant shall:

(1) Make at least 2 copies of the application available for people to review at the hearing, with additional copies being provided at the applicant’s discretion;

(2) Make a presentation to the public, summarizing all of the information contained in the application; and

(3) Respond to questions concerning the proposed activity.

(b) After the applicant has responded to all questions concerning the proposed activity, the department shall receive public comment on the application, including any comment and supporting information as to its accuracy and completeness.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.08 Application Review; Decision {#sec-env-wq-301.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.08}

(a) After the conclusion of the public comment period, the department shall complete a technical review of the application and consider all of the comments received at the hearing and in writing so as to determine whether the application meets the criteria specified in Env-Wq 301.09.

(b) If the information submitted with an administratively complete application is insufficient for the department to determine that the application meets the criteria specified in Env-Wq 301.09, the department shall request such additional information from the applicant as the department deems necessary to make the determination. Such request shall be in writing and shall include the information specified in Env-Wq 301.06(c).

(c) Within 60 days of receipt of a complete application and any information requested pursuant to (b), above, the department shall:

(1) Approve the application and issue a permit if the application meets the criteria specified in Env-Wq 301.09; or

(2) Deny the application if the application does not meet the criteria specified in Env-Wq 301.09.

(d) The department shall send written notice of its decision to the applicant and to the governing body of the municipality(ies) to which the notice specified in Env-Wq 301.06(g)(1) was sent.

(e) If the department denies the application, the notice sent pursuant to (d), above, shall:

(1) Specify the reason(s) for the denial; and

(2) Inform the applicant that the decision may be appealed to the water council in accordance with Env-WC 200.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.09 Criteria for Issuance of Permit {#sec-env-wq-301.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.09}

The department shall issue a permit if it determines that the information provided by the applicant establishes that the proposed discharge:

(a) Will not violate any applicable provision of RSA 485-A; and

(b) Will not cause or contribute to a violation of Env-Wq 1700.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.10 Suspension, Revocation, or Refusal to Renew {#sec-env-wq-301.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.10}

(a) If, after issuing a permit to a facility, the department receives information that indicates that good cause, as set forth in (f), below, exists to suspend or revoke the permit, the department shall proceed in accordance with the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings.

(b) After proceeding in accordance with (a), above, the department shall revoke the permit if the department determines that the reason for good cause cannot be corrected to conform to applicable requirements.

(c) After proceeding in accordance with (a), above, the department shall suspend the permit, subject to (d) below, if the department determines that, while good cause exists, the reason that good cause exists can be corrected to conform to applicable requirements.

(d) If a permit is suspended pursuant to (c), above, the department shall not reinstate the permit until:

(1) The reason for good cause has been corrected to conform with applicable requirements; and

(2) The permit holder submits a written request to the department requesting that the permit be reinstated.

(e) If after receiving a request for renewal of a permit, the department receives information which indicates that good cause, as set forth in (f), below, exists to refuse to renew the permit, the department shall proceed in accordance with the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings and refuse to renew the permit, until the reason for good cause has been corrected to conform with applicable requirements.

(f) Good cause to suspend, revoke, or refuse to renew a permit shall include the following:

(1) The permit holder has not complied with the conditions of the permit or these rules;

(2) The plans submitted with the application do not accurately portray the actual site and facility;

(3) Information submitted in support of the application is not true and complete or is misleading;

(4) The permit holder has failed to comply with an order of the department relative to wastewater management, including an order to undertake corrective measures;

(5) The permit holder has failed to comply with an order of the department relative to a violation of any other statute administered by the department; or

(6) The permit holder has failed to pay any administrative, civil, or criminal penalties owed to the department.

(g) If the department determines, based on all available scientific and valid information, that the permitted activity is creating an immediate danger to human health or the environment, the department shall proceed in accordance with RSA 541-A:30, III.

(h) The department shall inform the applicant that the decision to suspend, revoke, or refuse to renew may be appealed to the water council in accordance with Env-WC 200.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.11 Permit Transfers {#sec-env-wq-301.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.11}

(a) In order to transfer a permit, the permit holder shall submit to the department:

(1) A copy of the permit;

(2) The name, mailing address, and daytime telephone number of the person(s) to whom the permit will be transferred;

(3) The information required in Env-Wq 301.13(b); and

(4) A copy of a notarized notification signed by the new permittee stating the date that the new permittee will assume the responsibility of the requirements of the permit.

(b) The person to whom the permit is proposed to be transferred shall submit the documentation required pursuant to Env-Wq 301.04(b)(16) through (18), as applicable.

(c) The department shall process the request in accordance with Env-Wq 301.06 (a) through (f).

(d) The department shall approve such transfer within 60 days of receiving an administratively complete application if:

(1) The permit holder is in compliance with these rules and the permit;

(2) Good cause as defined by Env-Wq 301.10(f) to suspend, revoke, or refuse to renew the permit does not exist; and

(3) The person to whom the permit is proposed to be transferred meets the requirements set forth in Env-Wq 301.04(b)(16) through (18).

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.12 Transfer of Land Ownership {#sec-env-wq-301.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.12}

(a) If a facility that has an existing state discharge permit is located on land that is transferred to a new owner, the permit holder shall notify the department within 10 days of the transfer and shall suspend all activities covered by the permit until the statement described in (c), below, is signed by the new property owner, notarized, and received by the department.

(b) If a signed statement as described in (c), below, does not accompany the notice of land transfer, then upon receipt of the notice the department shall commence a proceeding under the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings to revoke the permit. If the permit holder obtains and submits the signed statement, the proceeding shall be terminated.

(c) The statement from the new owner shall state that the new owner:

(1) Is aware that the facility exists on the land;

(2) Agrees to the continued operation of the facility;

(3) Has given permission to the permit holder to enter upon the land for purposes of operation, including the implementation of remedial measures if ordered by the department; and

(4) Is aware that the department must be allowed access to the property to conduct inspections, review and copy records, and monitor and sample a facility’s wastewater and the surface water to which the facility discharges.

(d) If the new owner chooses to discontinue the activities covered by the state discharge permit, the permit holder shall:

(1) Submit a written statement to the department indicating that the permit-related activities have been discontinued; and

(2) Remove sufficient infrastructure specific to the activities that were subject to the permit so as to eliminate the discharge to the receiving water.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.13 Modification of a Permit {#sec-env-wq-301.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.13}

(a) The permit holder shall apply to the department for approval to modify the permit prior to modifying any processes or procedures that could result in a change to the volume or quality of the discharge from the facility.

(b) To apply for a permit modification, the permit holder shall provide the following information to the department:

(1) The facility permit number;

(2) The name, address, and daytime telephone number of the permit holder, owner, and operator and, if available, an email address for each;

(3) A detailed description of all proposed modifications;

(4) If applicable, revised plans and specifications for construction stamped by a New Hampshire professional engineer;

(5) An explanation of the necessity of the proposed change(s);

(6) The effect of the modification on the facility’s discharge;

(7) The identification and status of all other federal or state permits or approvals needed to effect the necessary modification(s);

(8) The permit holder’s proposed schedule for implementing such changes; and

(9) A list and status of any outstanding violations, accompanied by a statement from the permit holder indicating how full compliance shall be attained prior to approval of the modification.

(c) The department shall process the permit application in accordance with Env-Wq 301.06(a) through (f).

(d) The department shall approve the modification within 60 days of receiving an administratively complete application if it determines that:

(1) All applicable requirements of these rules have been met;

(2) If the applicant is other than the owner, the owner has given permission to the applicant for the modification; and

(3) All other state permits which are necessary for the proposed modification have been applied for.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.14 Duration and Renewal of State Surface Water Discharge Permits {#sec-env-wq-301.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.14}

(a) A state surface water discharge permit issued pursuant to these rules shall be valid for 5 years from the date of issuance and may be renewed.

(b) A permit holder wishing to renew a state surface water discharge permit shall submit an application as specified in Env-Wq 301.04 to the department at least 60 days prior to the date the permit will expire.

(c) Upon receipt of an application to renew, the department shall proceed in accordance with Env-Wq 301.06(a) - (h), Env-Wq 301.07, and Env-Wq 301.08.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.15 Permit Conditions Common to all Permits {#sec-env-wq-301.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.15}

The following conditions shall apply to each state discharge permit:

(a) The permittee shall not at any time, either alone or in conjunction with any other person(s), cause directly or indirectly the discharge of any pollutant into receiving waters except pollutants that have been treated in such a manner as to not lower the applicable class water quality, interfere with the existing uses or designated uses assigned to waters by the legislature, exceed the effluent limitations, or violate any of the conditions listed in the permit;

(b) The permittee shall provide effective operation and maintenance of the pollution control facilities, which means that the facility shall be operated and maintained in accordance with the plant operation and maintenance manuals and manufacturer’s equipment manuals, so as to meet the permit’s effluent limitations;

(c) The permittee shall use only those laboratories that have been accredited pursuant to Env-C 300;

(d) The permittee shall monitor all discharges in accordance with the conditions specified in the permit, using analyses performed in accordance with 40 CFR §136 unless other test procedures have been specified in the permit;

(e) The permittee shall submit monitoring results, postmarked no later than the 15th day of the month following the completed reporting period;

(f) The permittee shall retain records at the permitted facility of the following:

(1) Monitoring data;

(2) Monitoring equipment calibration records;

(3) Monitoring equipment maintenance records;

(4) Original strip chart recordings from continuous monitoring instrumentation;

(5) Copies of all reports required by the permit; and

(6) Records of all data used to complete the application for the permit;

(g) The records required by (f), above, shall be retained for not less than 3 years from the date of the sample, measurement, report or application, as applicable, provided that this period shall be extended through the duration of any enforcement action;

(h) The permittee shall allow any authorized employee or agent of the department to enter any land or establishment of the company during the normal business hours for the purpose of collecting samples, conducting dye tests, making video recordings, examining and copying any records, or taking photographs, necessary to the investigation and enforcement of the water pollution control laws of the state of New Hampshire;

(i) The effluent limitations contained in the permit and the stream classification requirements as provided by RSA 485-A:8 shall be met and maintained at all times. Whenever it is demonstrated that the effluent limitations are not adequate to maintain said stream classification requirements, the permittee shall be required to conform to such effluent limitations as shall be necessary for the maintenance of such requirements;

(j) The department shall periodically review and revise, as necessary, the conditions of the permit so that water quality standards, existing uses, and designated uses shall be maintained and protected at all times;

(k) The permit shall not be transferable except in accordance with Env-Wq 301.11;

(l) The permittee shall give notice in accordance with RSA 485-A:13, I(c), whenever a bypass or upset of a treatment facility occurs; and

(m) Permittees that discharge treated wastewater to tidal waters shall provide immediate notification to the department and the New Hampshire department of health and human services in the event of a discharge of untreated sewage or the bypass of a disinfection system.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.16 Additional Permit Conditions {#sec-env-wq-301.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.16}

If additional conditions or effluent limitations are necessary to ensure that the discharge does not violate Env-Wq 1700, the department shall include such conditions or effluent limitations in the permit.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.17 Application of Criteria in Establishing Effluent Permit Limits {#sec-env-wq-301.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.17}

(a) The effluent limits for bacteria and pH for all permits shall be applied at the end of the pipe with no allowance for dilution by the receiving water.

(b) Subject to Env-Wq 301.18, all other applicable effluent limits shall be developed as follows:

(1) Where the receiving water is a river or stream, the harmonic mean flow shall be used to develop effluent limits for all human health criteria for carcinogens;

(2) Where the receiving water is a river or stream, the 7Q10 flow shall be used to develop monthly average and maximum daily effluent limits for aquatic life criteria for toxics, human-health criteria for non-carcinogens, and for non-toxic pollutants, such as BOD; and

(3) Where the receiving water is a tidal water, the flow condition for computing effluent permit limits for toxic substances and for non-toxic pollutants such as BOD shall be equivalent to the conditions that result in a dilution that is exceeded 99% of the time.

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

N.H. Code Admin. R. Ann. Env-Wq 301.18 Use of Alternate Flow Conditions to Develop Effluent Limits {#sec-env-wq-301.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 301.18}

(a) An applicant who wishes to develop effluent limits using a flow condition other than the applicable condition specified in Env-Wq 301.17 shall submit a written request to use an alternative flow condition to the department with the application submitted pursuant to Env-Wq 301.04.

(b) The request shall include:

(1) Any additional information necessary to ensure that the discharge will not violate Env-Wq 1700 or the applicable provisions of RSA 485-A:8;

(2) An explanation of why using the alternative flow condition will result in an effluent limit that is at least as protective of public health and the environment as the specified flow condition; and

(3) Whether additional sampling will be done in support of the request.

(c) If additional sampling will be done in support of the request, the applicant shall submit a scope of work and a quality assurance project plan (QAPP) in accordance with EPA Requirements for Quality Assurance Project Plans (QA/R-5), EPA/240/B-01/003, March 2001, prior to initiating the additional sampling.

(d) The department shall approve the scope of work if the scope of work and QAPP demonstrate that the data resulting from the sampling will be a reliable indicator that using the alternative flow condition will result in an effluent limit that is at least as protective of public health and the environment as the specified flow condition.

(e) The department shall approve the use of an alternative flow condition to develop one or more effluent limits if the applicant demonstrates that:

(1) The discharge will not violate Env-Wq 1700 or the applicable provisions of RSA 485-A:8; and

(2) Using the alternative flow condition will result in an effluent limit that is at least as protective of public health and the environment as the specified flow condition.

PARTS Env-Wq 302 – Env-Wq 303 - RESERVED

History

• (See Revision Note at part heading for Env-Wq 301) #10348, eff 5-22-13; ss by #13613, eff 5-22-23

Part Env-Wq 304 Certification of Wastewater Treatment Plant Operators

N.H. Code Admin. R. Ann. Env-Wq 304.01 Purpose {#sec-env-wq-304.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.01}

The purpose of these rules is to implement RSA 485-A:5-a, RSA 485-A:7-a, RSA 485-A:7-b, RSA 485-A:7-c, RSA 485-A:7-d, and RSA 486:9, as reprinted in Appendix C, by requiring operators of wastewater treatment plants to be suitably qualified and have the knowledge and ability to properly operate and maintain such plants, in order to meet all applicable permit requirements and achieve the highest quality of effluent of all wastewaters prior to discharge to surface waters or groundwaters of the state.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.02 Applicability {#sec-env-wq-304.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.02}

These rules shall apply to:

(a) Any individual who applies to be certified as a wastewater treatment plant operator;

(b) Any individual who is certified as a wastewater treatment plant operator; and

(c) Any owner of a wastewater treatment plant that requires a surface or groundwater discharge permit pursuant to RSA 485-A:13, I.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.03 Definitions {#sec-env-wq-304.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.03}

(a) “Advanced treatment” means a process for treating wastewater after secondary treatment to achieve effluent standards that are more stringent than conventional secondary standards, such as by removal of nutrients or metals, or both.

(b) "Authorized representative" means an individual authorized by the wastewater treatment plant owner to submit reports, respond to inquiries, and oversee the OIRC and the back-up OIRC.

(c) “Certificate” means “certificate” as defined in RSA 485-A:2, I-a, as reprinted in Appendix B.

(d) “Certification committee” means “certification committee” as defined in RSA 485-A:2, I-b, as reprinted in Appendix B.

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

(f) “Operating experience” means satisfactory performance or supervision of operation duties at a wastewater treatment plant, or equivalent related qualifying experience as described in Env-Wq 304.07(e)-(f), as appropriate for the level of certification sought.

(g) “Operator” means “operator” as defined in RSA 485-A:2, VII-a, as reprinted in Appendix B.

(h) “Operator in responsible charge (OIRC)” means the operator who oversees the daily operation of the wastewater treatment plant, or a significant portion of a grade III or IV plant, and is ultimately accountable for decisions involving all plant operational duties, including maintenance of process equipment, laboratory work, equipment operation, administration, process control, record keeping, and reporting necessary for the wastewater treatment plant to comply with applicable federal and state requirements.

(i) “Operator-in-training (OIT)” means an applicant who has met the written examination and education requirements for a particular grade but who has not had sufficient operating experience to meet the full requirements for that grade.

(j) “Population equivalent” means the calculated number of people that would normally contribute an equal amount of 0.2 pound of 5 day, 20°C, biochemical oxygen demand per capita per day.

(k) “Primary treatment” means a process for treating wastewater that is intended to remove settleable and floatable materials.

(l) “Secondary treatment” means a process for treating wastewater that is intended to remove dissolved and suspended biodegradable matter to attain conventional secondary effluent discharge criteria.

(m) "Training credit hour (TCH)" means one hour of participation on an organized continuing education experience that qualifies under Env-Wq 304.17.

(n) “Wastewater facilities” means “wastewater facilities” as defined in RSA 485-A:2, XIX, as reprinted in Appendix B.

(o) “Wastewater residuals” means “septage” as defined in RSA 485-A:2, IX-a and “sludge” as defined in RSA 485-A:2, XI-a, both as reprinted in Appendix B.

(p) “Wastewater treatment plant (plant)” means “wastewater treatment plant” as defined by RSA 485-A:2, XVI-a, as reprinted in Appendix B.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.04 Grades of Wastewater Operator Certification {#sec-env-wq-304.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.04}

There shall be 4 grades of operators to parallel the classification of plants described in Env-Wq 304.27, as follows:

(a) Grade I certified operators shall be qualified to supervise operation of grade I plants;

(b) Grade II certified operators shall be qualified to supervise operation of grade II or lower plants;

(c) Grade III certified operators shall be qualified to supervise operation of grade III or lower plants; and

(d) Grade IV certified operators shall be qualified to supervise operation of grade IV or lower plants.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.05 Operator-in-Training Status {#sec-env-wq-304.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.05}

(a) There shall be an operator-in-training (OIT) status for each grade of wastewater operator certification.

(b) Eligibility criteria for each OIT status shall be identical to that for the full certification grade to which the OIT correlates, except that applicants may take the written exam for a particular grade with less operating experience than required for that full grade, so long as the operating experience requirements can be met within 3 years.

(c) If the OIT applicant passes the written examination and obtains OIT status but fails to meet the required operating experience within 3 years, then the operator shall resume their prior grade.

(d) Full certification shall be granted to an OIT after the department receives written verification from the OIT’s supervisor that the OIT has completed the operating experience requirement.

(e) An owner may request that the department approve an OIT to be placed in responsible charge of a plant of the same grade, by submitting a written waiver request pursuant to Env-Wq 304.32.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.06 Operator Certification Requirements {#sec-env-wq-304.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.06}

To qualify for certification, an applicant shall:

(a) Pass the written examination as provided in Env-Wq 304.12 or be granted reciprocity as specified in Env-Wq 304.19; and

(b) Meet the minimum operating experience and education requirements specified in Table 304.1, below, as explained in Env-Wq 304.07 and Env-Wq 304.08, respectively:

Table 304.1 Operating Experience and Education Requirements for Certification.

Grade

Operating Experience (years)

Education

I

1

High School Graduate or High School Equivalency (HSE) Certificate

II

3

High School Graduate or HSE Certificate

III

4

High School Graduate or HSE Certificate plus 2 years of relevant post-high school education

IV

6

High School Graduate or HSE Certificate plus 2 years of relevant post-high school education

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.07) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.07 Operating Experience Requirements {#sec-env-wq-304.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.07}

(a) For a grade I, no operating experience shall be required in order to take the examination.

(b) For a grade II, a minimum of 1 year of operating experience shall be required in order to take the examination, but the operating experience may be substituted with the following:

(1) A one year certificate in wastewater or environmental technology; or

(2) An associate degree in a relevant field such as sanitary engineering, environmental technology or studies, water treatment, wastewater treatment, natural sciences, or non-sanitary engineering disciplines.

(c) For a grade III, a minimum of 2 years of operating experience shall be required at a grade II wastewater treatment plant or higher in order to take the examination.

(d) For a grade IV, a minimum of 3 years of operating experience shall be required at a grade III wastewater treatment plant or higher in order to take the examination.

(e) A minimum of 50% of the operating experience required by Table 304.01 shall be met by actual on-site operating experience at a wastewater treatment plant.

(f) An applicant may request one or more of the following experience or education substitutions for the remaining 50% of the operating experience required by Table 304.01:

(1) Experience in a related utility division or trade, such as wastewater collections, water distribution, plumbing, electrical, pipe fitting, instrumentation, laboratory, utility construction, utility design, engineering, facilities maintenance and management, public works, or similar relevant military experience;

(2) Relevant post-high school education on a year-for-year basis;

(3) Specialized operator training courses, seminars, workshops, and technical conferences which are relevant to the wastewater industry, provided the calculation shall be based on one TCH for every hour of approved training.

(g) Education applied in substitution for any stated experience requirements shall not also be applied to the education requirement.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.08) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.08 Education Requirements {#sec-env-wq-304.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.08}

(a) The education requirement for grade I and grade II shall be a high school diploma or HSE.

(b) The education requirement for grade III and grade IV shall be a high school diploma or HSE certificate and 2 years of relevant post-high school education, as described in (c) through (g), below.

(c) Relevant post-high school education shall include the following:

(1) For programs in sanitary engineering, environmental technology or science, water treatment, or wastewater treatment, a bachelor’s degree shall be counted as 4 years of relevant education and an associate’s degree shall be counted as 2 years of relevant education; and

(2) For programs in other relevant technical and scientific disciplines, such as natural sciences and non-sanitary engineering, a bachelor’s degree shall be counted as 3 years of relevant education and an associate’s degree shall be counted as 1.5 years of relevant education.

(d) Partial credit toward relevant post-high school education requirements shall be allowed for academic work or vocational training, as follows:

(1) Any bachelor’s degrees other than those listed in (c), above, shall be counted as 2 years of relevant education; and

(2) Any associates degree of other than those listed in (c), above shall be counted as one year of relevant education.

(e) Incomplete degree programs shall be counted as described in (f), below.

(f) Each 30 semester hours or 45 quarter hours of credits earned in programs listed in (c), above, shall be considered the equivalent of one year of post-high school education.

(g) The applicant may request substitutions for one year of required education based on the following criteria:

(1) Two years of operating experience may be substituted for one year of the post-high school education requirement for grades III and IV;

(2) One year of operating experience as an OIRC in a grade II wastewater treatment plant or higher, may be substituted for one year of the education requirement;

(3) Operating experience applied in substitution for any education requirement shall not also be applied to the experience requirement; and

(4) Specialized operator training courses, seminars, workshops, and approved technical conferences, and relevant Military Operational Specialties (MOS) training may be substituted for post-high school education provided that the calculation shall be one TCH for every hour of approved training.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.09) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.09 Application for Certificate, Application Fee, and Proof of Education and Experience. {#sec-env-wq-304.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.09}

(a) As required by RSA 485-A:7-a, I, any individual seeking certification or to increase their level of certification as an operator shall, at least 6 weeks preceding the date of the examination, provide the following to the certification committee:

(1) Complete and submit electronically the "Wastewater Treatment Operator Certification Exam Application", NHDES-W-09-004, September 2023, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-004;

(2) Proof of high school graduation or HSE, if no post-high school education was completed;

(3) Proof of post-high school education in the form of transcripts;

(4) Proof of post high-school specialized training pursuant to Env-Wq 304.07(f)(3) and Env-Wq 304.08(g)(4), if any; and

(5) The application fee, as specified in RSA 485-A:7-a, II, as reprinted in Appendix C.

(b) The applicant shall sign the application as specified in Env-Wq 304.10.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.10) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.10 Signature Required {#sec-env-wq-304.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.10}

(a) An applicant for certification, certification renewal, reciprocal certification, or retesting shall sign and date the applicable application form.

(b) The applicant’s signature shall constitute certification that:

(1) The information on the application form is true, complete, and not misleading to the best of the applicant’s knowledge and belief;

(2) If certification is granted, the applicant agrees to comply with Env-Wq 304, including the wastewater code of ethics in Env-Wq 304.25; and

(3) By submitting the online form, I certify that I am the applicant listed in this application.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.12) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.11 Application Processing {#sec-env-wq-304.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.11}

(a) The certification committee shall review applications and supporting documents to determine whether the minimum criteria specified in Env-Wq 304.06 have been met such that the applicant is eligible to take the examination or is eligible for reciprocal certification.

(b) The certification committee shall notify the applicant of their eligibility status in writing. If the committee determines that the applicant has not met the requirements, the written notification shall specifically identify the reason(s) for the determination.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.13) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.12 Examinations {#sec-env-wq-304.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.12}

(a) The department shall prepare the written examination required by RSA 485-A:7-b to be used in determining operator knowledge, ability, and judgment in each grade of operator classification.

(b) The department shall administer written examinations at least twice each year at places and times set by the department.

(c) A score of 70% correct or higher shall be required to pass the written examination.

(d) The department shall notify each applicant who completes a written examination of the test results as soon as practicable but no later than 60 days following the examination.

(e) Any applicant who fails to pass the written examination may, as provided in RSA 485-A:7-a, III, take one retest at the same certification level at no additional cost. An applicant shall take the retest at one of the next 2 scheduled examinations following the examination the applicant failed.

(f) Any applicant who wishes to take a retest pursuant to (e), above, shall notify the department in writing at least 6 weeks prior to the scheduled examination date and provide any changes to the original application submitted pursuant to Env-Wq 304.09.

(g) Any applicant who fails to pass a written examination may make arrangements with the department to review the applicant’s written examination at the department’s office, provided the review occurs more than 60 days preceding the date of the applicant’s retest.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.14) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.13 Meeting with Certification Committee Required {#sec-env-wq-304.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.13}

(a) Subject to (b), below, each applicant who achieves certification, whether by examination or reciprocity, shall meet with the certification committee prior to receiving certification as follows:

(1) The notice of the meeting shall be posted on the department's website and provided to the applicant by email at least 10 days in advance of the meeting; and

(2) The department shall provide the applicant with the certificate prior to the close of the meeting.

(b) An operator previously certified in New Hampshire who has met with the certification committee shall not be required to meet with the committee again when certified at a higher grade.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.15) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.14 Issuance, Display, and Duration of Certificates {#sec-env-wq-304.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.14}

(a) The department shall issue to each applicant who passes the written examination and meets with the certification committee, a certificate designating the grade of treatment for which the operator is qualified upon determining that:

(1) The applicant possesses the minimum education and experience requirements for the specified grade; and

(2) No evidence has been presented to the certification committee that would constitute grounds for suspending, revoking, or refusing to renew a certification as specified in Env-Wq 304.20.

(b) The certificate shall be prominently displayed in the office of the wastewater treatment plant at which the operator is employed.

(c) As specified in RSA 485-A:7-c, I, a certificate issued pursuant to these rules shall be valid for 2 years from the date of issuance.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.16) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.15 Certification Renewal {#sec-env-wq-304.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.15}

(a) As provided in RSA 485-A:7-c, II, certificates may be renewed.

(b) An operator wishing to renew their certification shall provide to the department, no later than one state business day before expiration of the certification, the following:

(1) Complete and submit electronically the "Wastewater Treatment Operator Certification Renewal Application", NHDES-W-09-004, September 2023, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-004;

(2) Copies of certificates for all education that the applicant has completed within the 2-year period preceding the expiration of the certificate to demonstrate compliance with the TCH requirements specified in Env-Wq 304.16; and

(3) The renewal fee specified by RSA 485-A:7-c, II, as reprinted in Appendix C.

(c) The applicant shall sign the application as specified in Env-Wq 304.10.

(d) Failure of the operator to file an application for renewal as specified in (b) above, shall result in expiration of the operator’s certification.

(e) The department shall notify the operator and the operator’s employer, if any, of the expiration of the certification in writing via email or letter.

(f) If the completed renewal application is submitted before the expiration date of the certification without payment, then the operator shall submit the renewal fee within 90 days of the certificate's expiration date, together with a late fee of 50% of the renewal fee, as provided in RSA 485-A:7-c, II.

(g) Any operator whose certification has expired who fails to submit a renewal application as specified in (b), above, who wishes to obtain certification shall apply for certification by submitting an application in accordance with Env-Wq 304.09 and taking the written examination as required by Env-Wq 304.12.

(h) Any operator requesting to have their certification placed in inactive status shall submit the request in writing to the department prior to the expiration of their certification, subject to the following requirements:

(1) An operator may remain in inactive status for a period of no more than 2 years from the date of the request;

(2) An operator that is in inactive status shall not engage in any activities associated with operation of a plant; and

(3) To reactivate from inactive status, the operator shall:

a. Complete and submit a renewal application as required in (b)(1) above:

b. Provide copies of transcripts or certificates documenting 40 TCH’s; and

c. Submit the $50 renewal fee authorized in RSA 485-A:7-c, II.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.17) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.16 Continuing Education Required {#sec-env-wq-304.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.16}

(a) For certification renewal, the operator shall acquire not less than the number of TCHs specified in Table 304.2, below:

Table 304.2: TCH Requirements for Certificate Renewal

Operator Grade and OIT status

Number of TCHs Required

I-OIT

10

All grades

20

(b) At least 50% of the TCHs shall be directly related to wastewater treatment processes or maintenance of those processes, and the remaining shall be in a relevant field as provided in Env-Wq 304.07(f)(1).

(c) The required TCHs shall be completed during the 2-year period immediately prior to the expiration date of the certificate, except as provided in (d) below.

(d) If more than the minimum number of TCHs required are earned, then:

(1) A I-OIT operator may carry forward 5 TCHs; and

(2) All grades may carry forward 10 TCHs.

(e) No operator shall carry any TCHs forward beyond the renewal period immediately following the renewal period in which it was earned.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.18) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.17 Requirements for {#sec-env-wq-304.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.17}

Training Credit Hours (TCH) Courses.

(a) To qualify for TCH credit, a course shall be:

(1) Offered by the department;

(2) Offered by a state-wide or regional professional association of wastewater treatment professionals; or

(3) Approved by the department pursuant to Env-Wq 304.18.

(b) For courses qualified in accordance with (a)(1)-(3) above, the department shall award TCHs in one hour increments to instructors for each hour of instructor training provided.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.19) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.18 Approval of Courses for TCH Credit {#sec-env-wq-304.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.18}

(a) An organization that wishes to offer courses for TCH credit in New Hampshire shall provide to the department the following:

(1) Complete and submit electronically the "Wastewater Operator Training Course Approval" form, NHDES-W-09-068, September 2023, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-068;

(2) A syllabus for the course and the written materials to be used in the course, if any;

(3) A sample of the transcript or certificate that will be issued upon completion of the course; and

(4) If the organization is required by RSA 292, RSA 293, RSA 293-A, or other applicable provision of New Hampshire law to register with the New Hampshire secretary of state, proof that the organization is registered and in good standing to do business in New Hampshire.

(b) The department shall review applications submitted pursuant to (a), above, within 45 days of receiving a complete application.

(c) The department shall approve a course for a period of 5-years, for TCH credit if the information submitted demonstrates that the course is at least equivalent to a course that would be offered by the department on the same or a similar topic.

(d) The department shall notify the organization of its decision in writing. If the application is denied, the department shall specify the reason(s) for the denial in the written notice.

(e) Any changes to the course, approved pursuant to (c) above, shall require written notice to and approval by the department prior to implementation by the organization.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.20) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.19 Reciprocity Applications {#sec-env-wq-304.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.19}

(a) As provided in RSA 485-A:7-c, III, an applicant may request the certification committee to waive the requirement for a written examination and request reciprocity if they have been certified as a wastewater treatment plant operator by the appropriate certification agency of any federal, state, interstate, territorial, or other jurisdiction.

(b) A request for reciprocity certification shall be provided to the certification committee and include the following:

(1) Complete and submit electronically the "Wastewater Treatment Operator Certification Reciprocity Application", NHDES-W-09-004, September 2023, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-004;

(2) A copy of the certificate or license upon which the reciprocity certification request is based;

(3) A copy of the official regulations, rules, guidelines, or other written criteria of the jurisdiction which issued the certificate;

(4) Proof of high school graduation or HSE, if no post-high school education was completed;

(5) Proof of post-high school education in the form of transcripts;

(6) Proof of post high-school specialized training pursuant to Env-Wq 304.07(f)(3) and Env-Wq 304.08(g)(4), if any; and

(7) The reciprocity fee specified by RSA 485-A:7-c, III, as reprinted in Appendix C.

(c) The applicant shall sign the application as specified in Env-Wq 304.10.

(d) Subject to (e), below, the certification committee shall grant the request and waive the requirement for a written examination if the committee determines that:

(1) The certificate from the other jurisdiction is still valid;

(2) The applicant obtained the certification by taking a written examination;

(3) The applicant has not had a certification revoked or suspended in any state; and

(4) As specified in RSA 485-A:7-c, III, the certification requirements of the jurisdiction granting such certification do not conflict with these rules and are not less stringent than these rules.

(e) No reciprocity certification shall be issued for grade IV.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.21) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.20 Suspension, Revocation, or Refusal to Renew Certificate {#sec-env-wq-304.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.20}

(a) After issuing a certificate or receiving a request for renewal of a certificate, if the department receives information which indicates that cause, as defined in (c), below, exists to suspend, revoke, refuse to renew, or conditionally renew the certificate, the department shall proceed in accordance with RSA 541-A:30.

(b) After initiating a proceeding under (a), above, the department shall determine whether to suspend, revoke, refuse to renew, or conditionally renew the certificate as specified in Env-Wq 304.21 through Env-Wq 304.23.

(c) Cause to suspend, revoke, refuse to renew, or conditionally renew a certificate shall include the following;

(1) Failing to use reasonable care, judgment, and application of their knowledge in the performance of their duties;

(2) Taking action(s) or failing to take action(s) relating to the collection, transportation, storage, or treatment of any wastewater in such a way as to jeopardize public health, compromise the proper operation and maintenance of a plant, or result in a violation of water quality standards or wastewater effluent criteria;

(3) Obtaining or assisting another to obtain a certificate through fraud, deceit, or falsification;

(4) Submitting false or misleading information regarding any application for certification or renewal;

(5) Submitting false or misleading operational documentation relating to the performance and monitoring requirements of a plant;

(6) Failing to submit required operational documentation to appropriate regulatory agencies in a timely manner;

(7) Failing to comply with an order of the department relative to the management of wastewater or wastewater residuals; and

(8) Failing to comply Env-Wq 304.25.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.22) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.21 Revocation of Certificate; Refusal to Renew Certificate {#sec-env-wq-304.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.21}

(a) In any proceeding initiated pursuant to Env-Wq 304.20, the department shall revoke or refuse to renew the certificate, as applicable, if the department determines that:

(1) The underlying cause for the action cannot be corrected to conform to applicable requirements;

(2) The operator’s conduct caused harm or posed a substantial threat of harm to public health or the environment;

(3) The operator does not acknowledge the severity of their conduct, shows no remorse, or otherwise exhibits a disregard for the wastewater operator certification program; or

(4) The operator is a chronic non-complier as defined in Env-C 209.

(b) An individual whose operator certification has been revoked or refused renewal pursuant to (a), above, shall not be eligible to submit an application under Env-Wq 304.09 to become a certified operator in New Hampshire unless and until the individual has submitted a written request that has been approved by the department as specified in (c) through (f), below.

(c) No sooner than 3 years from the date the certification was revoked or refused renewal, the individual seeking to apply for certification shall submit a written request to the department requesting that they be allowed to take the certification exam.

(d) The request filed pursuant to (c), above, shall demonstrate that the individual:

(1) Understands the seriousness of the offense(s);

(2) Has taken responsibility for their actions; and

(3) Has taken courses or otherwise engaged in education relating to wastewater operations at a rate of 10 hours for each year since the certificate was revoked or refused renewal.

(e) The department shall approve the request to apply only if the department determines, based on the information provided pursuant to (d), above, that the individual is not likely to repeat the action(s) that caused their certificate to be revoked or refused renewal.

(f) The department shall notify the individual in writing of its decision. If the department denies the request to apply, the notice shall specify the reason(s) for the department's determination.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.23) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.22 Suspension of Certificate {#sec-env-wq-304.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.22}

(a) In any proceeding initiated pursuant to Env-Wq 304.20, the department shall suspend the certificate, subject to (b) and (c), below, if it determines that:

(1) The underlying cause for the action can be corrected to conform to applicable requirements; and

(2) The operator’s conduct does not meet the criteria for revoking the certification specified in Env-Wq 304.21(a).

(b) If the department determines that the operator would benefit from additional continuing education, the department shall include as a condition of the suspension that the operator obtain the additional continuing education prior to requesting reinstatement pursuant to (c), below.

(c) If a certificate is suspended pursuant to (a), above, the department shall not reinstate the certificate until:

(1) The underlying cause for the action has been corrected to conform with applicable requirements;

(2) Any conditions established under (b), above, have been met; and

(3) The certificate holder submits a written request to the department requesting that the certificate be reinstated which includes such documentation as is necessary to demonstrate that any conditions established under (b), above, have been met.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.24) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.23 Conditional Renewal of Certificate {#sec-env-wq-304.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.23}

In any proceeding initiated pursuant to Env-Wq 304.20 relative to an application to renew a certificate where the criteria for refusing to renew the certificate specified in Env-Wq 304.21(a) are not met but the department determines that at least one of the underlying causes for the action has been proven, the department shall renew the certificate subject to the following conditions:

(a) The operator shall take such action(s) as may be required to remedy the underlying cause(s) for the action; and

(b) The operator shall take such additional continuing education as the department determines is needed to help ensure that the operator will not repeat the conduct that caused the department to consider refusing to renew the certification.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.25) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.24 Certified Operator Notification and Reporting Responsibilities {#sec-env-wq-304.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.24}

(a) Each operator who receives certification pursuant to these rules shall maintain a current mailing address, daytime telephone number, and email address, if available, on file with the department, at least one of which shall be for the operator personally rather than for the operator’s employer.

(b) All communications issued by or at the direction of the department that are sent to the operator’s last address of record shall be presumed to have been received by the operator.

(c) An operator shall notify the department in writing upon being designated as an OIRC, a back-up OIRC, or upon termination from such a position.

(d) The OIRC shall annually complete and submit electronically to the department, no later than February 15, the "Wastewater Operator in Responsible Charge Verification Form", NHDES-W-09-055, September 2023, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-055.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.26) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.25 Wastewater Treatment Plant Operator Code of Ethics {#sec-env-wq-304.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.25}

(a) Certified wastewater treatment plant operators shall comply with the following code of ethics, the purpose of which is to ensure the ethical operation and maintenance of the plant assets, mechanical equipment, and chemical processes in order to protect public health and the environment.

(b) The certified operator shall comply with the following:

(1) Use reasonable care and judgement in the performance of their operational duties;

(2) Ensure the integrity of the samples that they collect, prepare, or analyze to ensure that the results are a true representation of water quality;

(3) Undertake only those jobs which they are qualified for by reason of education, training, and experience to perform;

(4) Immediately advise the OIRC or the owner of the plant, as applicable, and document adverse conditions as they arise; and

(5) If the certified operator's judgment is overruled by the owner of the plant or the certified operator's employer, in circumstances in which the safety, health, or welfare of the public or the environment are endangered, the certified operator shall inform and document that they informed the owner or employer, as applicable, of the possible consequences.

History

• #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.26 Request for Multi-Plant Certified Operator Endorsement {#sec-env-wq-304.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.26}

(a) Any certified operator seeking to operate more than one plant shall request prior approval for a multi-plant operator endorsement from the department in accordance with this section.

(b) A certified operator seeking to be operate more than one plant shall complete and submit electronically to the department a "Wastewater Operator Multi-Plant Endorsement" form, NHDES-W-09-065, September 2023, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-065.

(c) The department shall approve the multi-plant endorsement request if it determines, based upon the information provided that the request:

(1) Will not jeopardize public health;

(2) Will not compromise the proper operation and maintenance of the plants; and

(3) Will not result in a violation of water quality standards or plant effluent criteria.

(d) The department shall notify the requestor of the decision in writing.

(e) If the request is approved, it shall state the duration of the approval, list all of the facilities for which the approval is granted, and include conditions necessary to assure that the criteria in (c)(1)-(3) are met for the duration of the approval.

(f) If the request is denied, the department shall identify the specific reason(s) for denial.

(g) The following maximum number of wastewater treatment plants may be operated under a multi-plant endorsement approved pursuant to (d) above and as classified in Env-Wq 304.28:

(1) One grade III or IV plant as OIRC;

(2) Two grade III or IV plants as back-up OIRC;

(3) Two grade I or II plants as OIRC; or

(4) Four grade I or II plants as back-up OIRC.

(h) A certified operator that was issued an approved multi-plant endorsement shall file an updated "Wastewater Operator Multi-Plant Endorsement" form specified in (a) above, within 10 days of any change in the information that was previously provided.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (formerly Env-Wq 304.06) (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.27 Classification and Reclassification of Wastewater Plants {#sec-env-wq-304.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.27}

(a) The department shall classify each wastewater treatment plant into one of 4 grades based on the complexity and flow capacity of the plant’s processes, ranging from grade I, the lowest, to grade IV.

(b) The classification shall be determined by summing the applicable points from Env-Wq 304.28, as follows:

(1) Plants with 30 or fewer points shall be grade I;

(2) Plants with 31-55 points shall be grade II;

(3) Plants with 56-75 points shall be grade III; and

(4) Plants with greater than 75 points shall be grade IV.

(c) The department shall re-evaluate a plant’s classification whenever it learns of changes to the plant that may affect its grade, including:

(1) System upgrades;

(2) Process changes; or

(3) Changes in effluent discharge requirements, laboratory processes or control, receiving water classification, water quality criteria, or increased treatment requirements.

(d) If as a result of a reevaluation the department changes the grade of a plant, the department shall notify the owner in writing of the change. If the change is to a higher grade, the wastewater treatment plant

owner shall designate a properly certified operator pursuant to Env-Wq 304.29(a) within one year from the receipt of notification from the department.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.28 Classification Points for Wastewater Treatment Plants {#sec-env-wq-304.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.28}

Classification points for wastewater treatment plants shall be assigned in accordance with Table 304.3:

Table 304.3 Point System for the Classification of Wastewater Treatment Plants

Item

Points

Size

For industrial plants only, maximum population equivalent (pop.eq.) served, peak day

1 pointper 10,000 pop.eq. or part thereof

For all other plants, the larger of design flow (avg. day) or peak month’s flow (avg. day) in gallons per day (GPD)

0.1 point per 100,000 GPD

Effluent Discharge

Receiving stream sensitivity. Primary consideration is the degree of dilution provided under low flow conditions. Point values are:

1-6

“Effluent limited segment” in EPA terminology; secondary treatment is adequate

1

More than secondary treatment is required

2

“Water quality limited segment” in EPA terminology; stream conditions are very critical (dry run, for example) and a very high degree of treatment is required

3

Effluent used in direct recycle and reuse system

6

Land disposal evaporation

2

Subsurface disposal

5

Rapid infiltration basins

6

Variation in Raw Wastes (slight to extreme), including industrial discharge connections and septage receiving. Primary consideration is frequency or intensity of deviation or excessive variation from normal or typical fluctuations; such deviation can be in terms of strength, toxicity, shock loads, I/I, etc. Point values are:

0-6

Variations do not exceed those normally or typically expected

0

Recurring deviations or excessive variations of 100 to 200 percent in strength and/or flow

2

Recurring deviations or excessive variations of more than 200 percent in strength and/or flow

4

Raw wastes subject to toxic waste discharges

6

Pretreatment

Screening, comminution

3

Grit removal

3

Influent flow equalization

1

Plant pumping of main flow

3

Primary Treatment

Primary clarifiers

5

Combined sedimentation/digestion

5

Chemically enhanced primary treatment

7

Secondary Treatment

Activated sludge with secondary clarifiers (including extended aeration, sequencing batch reactors & oxidation ditches)

15

Stabilization ponds without aeration

5

Aerated lagoon

8

Sand filters

5

Fixed film media system

10

Subsurface disposal

5

Rapid infiltration basins

6

Overland flow

6

Advanced Treatment

Polishing pond

2

Chemical/physical, including ballasted treatment

12

Biological or chemical/biological

12

Ion exchange

10

Reverse osmosis or membrane filtration

15

Chemical recovery, carbon regeneration

4

Spray irrigation

8

Overland flow

6

Filtration

8

Solids Handling

Mechanical thickening

5

Anaerobic digestion

10

Aerobic digestion

6

Evaporative sludge drying

2

Mechanical dewatering

8

Solids reduction (incineration, wet oxidation)

12

Composting

7

Lime stabilization

5

Septage receiving

3

Disinfection

Chlorination or comparable

5

On-site generation of disinfectant

5

Dechlorination

5

Ultraviolet

5

Effluent post aeration

2

Effluent flow equalization

1

Odor Control. Primary consideration is complexity of odor control system operation and maintenance. Point values are:

0-2

Soil or carbon filters or equivalent

1

Chemical/wet scrubber systems or equivalent

2

SCADA System

1

Laboratory Control by Plant Personnel. Primary consideration is complexity of lab work done by plant personnel. Point values are:

0-10

Push button or visual methods for simple tests such as pH, chlorine residual, settleable solids

1

Standard procedures such as DO, COD, BOD, TSS, gas analysis, filtrations, solids, volatile content, nutrients, bacteriological analysis (membrane filter, MPN, E. coli, fecal coliform, Enterococci)

3

More advanced determinations, such as total oils, phenols, metals

5

Biological identification

7

Virus studies or similarly complex work conducted on site

10

Highly sophisticated instrumentation such as atomic absorption and gas chromatography

10

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.29 Wastewater Treatment Plant Owner Responsibilities {#sec-env-wq-304.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.29}

(a) As specified in RSA 485-A:5-a, wastewater treatment plants shall be operated only by certified operators.

(b) Each wastewater treatment plant owner shall:

(1) Designate an individual to be the OIRC who is certified in the grade equal to or greater than the classification of the plant;

(2) Designate an individual to be the back-up OIRC who would be available to be in responsible charge of the plant in the absence of the usual certified OIRC. This designated individual shall be certified in the grade equal to or greater than the classification of the plant;

(3) Designate an authorized representative for the plant; and

(4) Ensure that all personnel performing the following important operating functions at wastewater treatment plants are certified under these rules:

a. Removal of all pollutants from wastewater in order to comply with permitted limits;

b. Maintenance of pumps, valves, and processing equipment;

c. Operation of chemical feeding devices, performance of laboratory analysis, and maintenance of required records; and

d. Monitoring of a Supervisory Control and Data Acquisition (SCADA) system, gauges, or other equipment that monitors process stability.

(c) The wastewater treatment plant owner shall annually complete and submit electronically to the department, no later than February 15, the "Designation of Authorized Representative, Operator in Responsible (OIRC) and Back-up OIRC for Permitted Wastewater Treatment Plants" form, NHDES-W-09067, September 2023, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-067.

(d) The wastewater treatment plant owner or its authorized representative shall notify the department in writing via email or a letter within 24-hours of the termination of the OIRC or the back-up OIRC.

(e) The wastewater treatment plant owner or its authorized representative shall hire a replacement for the OIRC or the back-up OIRC, as applicable, as soon as practicable after a termination occurs, and notify the department of such hiring, taking into consideration:

(1) The owner’s personnel code or other applicable requirements, including but not limited to the terms of any collective bargaining agreement extant in the municipality relative to hiring and promotions; and

(2) The public interest in an open competitive recruitment process for selection of qualified public employees.

(f) The department shall give temporary approval for a wastewater treatment plant owner to hire an operator one grade below the required grade upon written request to the department, provided the operator is qualified to take, and does take, the next scheduled examination in the next highest grade. If the operator does not pass the examination, the temporary approval shall be extended to allow one retest at the next scheduled examination.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.30 Penalties {#sec-env-wq-304.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.30}

(a) Failure to have a certified OIRC or back-up OIRC shall be deemed to be a failure to provide proper and efficient operation and maintenance of a plant as required by RSA 486:9.

(b) Any person who is subject to these rules shall be subject to the enforcement and penalty provisions as set forth in RSA 485-A:22.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.31 Certification Committee {#sec-env-wq-304.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.31}

The certification committee serves as the review committee for certification of wastewater treatment plant operators, and shall be comprised as follows:

(a) Three certified operators designated by the director of the department’s division of water, no more than 2 of which shall be employed by the department;

(b) Two certified operators shall be elected by the New Hampshire Water Pollution Control Association as specified in RSA 485-A:2, I-b, provided that the designated individuals elected shall hold a current New Hampshire wastewater treatment plant operator certification pursuant to these rules; and

(c) Two certified operators designated by the director of the department's division of water, one of which shall be designated as the primary alternate, and the other designated as the secondary alternate, to sit in place of a member(s) designated in (a) or (b) above, in the event that a member(s) is unavailable.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

N.H. Code Admin. R. Ann. Env-Wq 304.32 Waivers {#sec-env-wq-304.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 304.32}

(a) The purpose of this section is to accommodate situations where strict compliance with all rules in this part may not be the best outcome in light of the particular circumstances of the situation.

(b) Anyone who wishes to obtain a waiver of one or more specific requirements of this part shall file a written request that contains the information specified in (c), below, and is signed as specified in (d), below.

(c) The information required by (b), above, shall be as follows:

(1) The name, daytime telephone number, and e-mail address of the person who is requesting the waiver;

(2) If the requestor is not an individual, the name, daytime telephone number, and e-mail address of each individual who has been authorized by the requestor to discuss the request with the department;

(3) If the requestor is a certified operator, the certification number as shown on the certificate issued pursuant to Env-Wq 304.16(a);

(4) If applicable, the name, location, and EPA ID or DES ID number of the plant to which the waiver request relates or at which the operator works;

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

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

(7) A full explanation with supporting data of the alternative(s), if any, proposed to be implemented or used in lieu of the requirement in the rule;

(8) An explanation of how long the waiver will be needed; and

(9) A full explanation of why the requestor believes the request meets the criteria specified in (f), below.

(d) The requestor shall sign and date the waiver request. Such signature shall constitute certification that the information submitted in support of the request is true, complete, and not misleading to the best of the signer’s knowledge.

(e) The department shall issue a written response to a complete, signed request for a waiver within 45 days of receipt of the request. If the department denies the request, the reason(s) for the denial shall be clearly stated in the written response.

(f) The department shall deny a waiver unless the submitted request demonstrates that:

(1) The requirement for which a waiver is requested is not a statutory requirement;

(2) Granting a waiver will not jeopardize public health or safety or the environment;

(3) The adverse operational and economic consequences of complying with the rule as written outweigh any benefit to be obtained from complying with the rule as written; and

(4) Granting a waiver will not contravene the intent of these rules.

(g) The department shall:

(1) Identify in the waiver the date on which the waiver expires, if any; and

(2) Include in the waiver any conditions necessary to ensure that the criteria specified in (f), above, are met.

History

• (See Revision Note #1 at part heading for Env-Wq 304) #10392, eff 8-1-13; ss by #13755, eff 9-27-23 (see Revision Note #2 at part heading for Env-Wq 304)

Part Env-Wq 305 Pretreatment of Industrial Wastewater

N.H. Code Admin. R. Ann. Env-Wq 305.01 Purpose {#sec-env-wq-305.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.01}

The purpose of these standards is to implement RSA 485-A:4, XV and RSA 485-A:5 so as to prevent the indirect discharge of pollutants to a publicly owned treatment works (POTW) that would:

(a) Pass through, interfere with, or otherwise be incompatible with the safe and successful performance, operation, and maintenance of the POTW;

(b) Cause the POTW to violate any water quality standards specified in Env-Wq 1700; or

(c) Adversely impact sludge quality and prevent its use or disposal as other than a hazardous waste.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.02 Applicability {#sec-env-wq-305.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.02}

These rules shall apply to the discharge of industrial wastes, as defined in RSA 485-A:2, VI, to a POTW.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.03 Definitions {#sec-env-wq-305.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.03}

As used herein the following terms shall have the following meanings:

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

(b) “Domestic septage” means either liquid or solid material removed from a septic tank, cesspool, or similar containment area that receives only domestic sewage.

(c) “Domestic sewage” means sewage comprised of waste and wastewater from household or commercial operations, that:

(1) Contains no industrial waste; and

(2) Is discharged to or otherwise enters a treatment works.

(d) “Fume toxicity screening level” means that concentration of a pollutant in water that, under equilibrium conditions, a confined environment, and a standard temperature, would cause the concentration of the pollutant in the air over that water to exceed the exposure limit.

(e) “Headworks” means that portion of a wastewater treatment plant (WWTP) that first receives the total influent flow for initial treatment.

(f) “Headworks loading limit” means the maximum allowable quantity of pollutants at the headworks of a WWTP when the following constraints are considered:

(1) Water quality standards for the receiving water;

(2) Discharge permit limits;

(3) Inhibition of biological treatment processes;

(4) Sludge criteria;

(5) Corrosive destruction of the WWTP;

(6) Air quality limitations; and

(7) Worker safety.

(g) “Indirect discharge” means the introduction of pollutants into a POTW from any non-domestic sources.

(h) “Indirect discharger” means a facility that discharges waste, as defined in RSA 485-A:2, XVI, alone or in combination with domestic sewage to a POTW.

(i) “Industrial waste” means “industrial waste” as defined in RSA 485-A:2, VI, reprinted in Appendix B.

(j) “Interference” means an indirect discharge that, alone or in conjunction with indirect discharge(s) from other sources:

(1) Inhibits or disrupts the POTW’s treatment processes or operations, or its processing, use, or disposal of sludge in compliance with applicable statutes and rules;

(2) Is a cause of a violation of any requirements of the POTW’s federal or state discharge permit; or

(3) Prevents sewage sludge use or disposal in compliance with the following statutory provisions and rules or permits issued thereunder:

a. Env-Sw 100 et seq. relative to solid waste management;

b. Env-A 100 et seq. relative to air pollution control;

c. The General Pretreatment Regulations For Existing and New Sources of Pollution, 40 CFR 403;

d. The Federal Toxic Substances Control Act, 15 U.S.C. ch. 53;

e. The Federal Marine Protection, Research and Sanctuaries Act, 33 U.S.C. §§ 1401-1445 and 16 U.S.C. §§ 1431-1445; and

f. Env-Wq 800 and 40 CFR Part 503 relative to use or disposal of sewage sludge.

(k) “Local limit” means a pollutant quantity specified in a municipal sewer ordinance that numerically limits the amount of a specified pollutant that can be discharged to the POTW by an indirect discharger.

(l) “Medical/infectious waste” means “medical/infectious waste” as defined in RSA 125-N:2, VIII, reprinted in Appendix B.

(m) “Municipal sewer use ordinance” means that set of ordinances, bylaws, or regulations duly adopted by the governing body of the municipality relating to the POTW and all appurtenant structures, including any pretreatment facilities as are required for the proper maintenance and operation of the foregoing enumerated facilities.

(n) “Municipality” means, for the purposes of these rules, any state, county, city, town, district, governmental subdivision of the state, or any other public entity, other than federal agencies, responsible for the operation and maintenance of the treatment works.

(o) “Other wastes” means “other wastes” as defined in RSA 485-A:2, VIII, reprinted in Appendix B.

(p) “Pass through” means a discharge to a POTW in quantities or concentrations that, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the POTW’s federal or state discharge permit, or both.

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

(r) “Pharmaceutical waste” means a prescription drug, as defined in RSA 318:1, XVII, or a nonprescription or proprietary medicine, as defined in RSA 318:1, XVIII, that is no longer suitable for its intended purpose or is otherwise being discarded.

(s) “Pretreatment” means the application of physical, chemical, or biological processes, either singly or in combination, to reduce the amount of pollutants in or alter the nature of the pollutant property in a waste prior to discharge into a POTW.

(t) “Publicly owned treatment works (POTW)” means a treatment works that is owned by a municipality.

(u) “Radiological waste” means radioactive waste as regulated by RSA 125-F.

(v) “Sewage” means “sewage” as defined in RSA 485-A:2, X, reprinted in Appendix B.

(w) “Significant indirect discharger” means an indirect discharger that meets one or more of the following criteria:

(1) Is subject to national categorical pretreatment standards under 40 CFR 403.6;

(2) Discharges an average of 10,000 gallons per day or more of process wastewater;

(3) Discharges a process wastewater that contributes 5 percent or more of the hydraulic or organic loading to the wastewater treatment plant;

(4) Discharges medical/infectious waste, pharmaceutical waste, or radiological waste if such a discharge has been designated by the municipality as having a reasonable potential for adversely affecting the POTW’s operation or performance or for violating any pretreatment standard or requirement; or

(5) Is designated as such by the municipality as having a reasonable potential for adversely affecting the POTW’s operation or performance or for violating any pretreatment standard or requirement.

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

(y) “Sludge toxicity” means the degree to which a sludge has a toxic effect on living organisms.

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

(aa) “Treatment works” means any device or system used in the collection, storage, treatment, recycling, or reclamation of sewage or industrial waste and includes all collection sewers, interceptor sewers, pumping stations, treatment and appurtenant facilities essential to the operation of an entire system.

(ab) “Upset” means “upset” as defined in RSA 485-A:2, XVIII, reprinted in Appendix B.

(ac) “Waste” means “waste” as defined in RSA 485-A:2, XVI, reprinted in Appendix B.

(ad) “Wastewater treatment plant (WWTP)” means “wastewater treatment plant” as defined in RSA 485-A:2, XVI-a, reprinted in Appendix B.

(ae) “Winnipesaukee River Basin Program (WRBP)” means the wastewater collection system and treatment facilities established and operated under RSA 485-A:45-54.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.04 Municipal Sewer Use Ordinance {#sec-env-wq-305.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.04}

(a) A municipality with a POTW shall develop and maintain a sewer use ordinance.

(b) Any municipality served by the WRBP pursuant to RSA 485-A:45-54 shall obtain verification of compliance with Env-Wq 1200 from the WRBP for a sewer use ordinance or revision thereto, prior to department review.

(c) Subject to Env-Wq 305.07, in order to be approvable pursuant to Env-Wq 305.08 a municipal sewer use ordinance or revisions thereto shall include the following minimum pretreatment standards and related provisions applicable to indirect dischargers:

(1) Local limits as specified in Env-Wq 305.05;

(2) Fume toxicity, explosivity, and ignitability screening levels when necessary for the protection of personnel or sewer structures;

(3) A requirement that wastes introduced into a POTW by any person shall not:

a. Interfere with the safety, operation, maintenance, or performance of the POTW;

b. Have an adverse effect on the receiving stream;

c. Prevent disposal of sludge in the manner used by the POTW; or

d. Otherwise endanger life, limb, public property, or constitute a nuisance;

(4) A prohibition on diluting any waste stream to meet required limits;

(5) A list of wastes prohibited to be discharged to the POTW, which shall include as a minimum the items listed in Env-Wq 305.06;

(6) A provision or provisions by which the municipality may require a discharger to:

a. Install and maintain monitoring and sampling equipment;

b. Keep records of monitoring and sampling data, including quality assurance/quality control records for a period of at least 5 years from the date of the measuring, sampling, or report, which period shall be extended through the duration of any enforcement action; and

c. Submit records upon written request to local or state officials;

(7) A space for documentation that the local authority has adopted the sewer use ordinance, including adoption date and signatures of adopting officials;

(8) A requirement that an indirect discharge of wastewater shall only be allowed to a sewer connected to the POTW;

(9) A requirement that all newly-connected discharges shall be in compliance with pretreatment standards prior to connection to the POTW;

(10) A requirement that each significant indirect discharger obtain a discharge permit from the owner of the POTW in accordance with Env-Wq 305.10 through Env-Wq 305.16, as applicable, prior to discharging any industrial waste to the POTW, provided that the ordinance may include the provisions of Env-Wq 305.19 or Env-Wq 305.20, or both, to allow the permitting authority to allow certain discharges of limited duration without a permit;

(11) A requirement that any discharge permit issued include the conditions identified in Env-Wq 305.18;

(12) A requirement that any dental practice that is required by Env-Wq 306 to have an amalgam separator, properly install and maintain the separator;

(13) A requirement that grease interceptors be installed and maintained in accordance with local and state codes and requirements and that maintenance records be periodically provided to the POTW; and

(14) A requirement that at least once a year the municipality inspect each significant indirect discharger for compliance with the discharge permit, which inspection shall include sampling if the municipality determines that sampling is necessary to determine compliance.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.05 Local Limits {#sec-env-wq-305.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.05}

The municipality shall develop local limits as follows:

(a) Local limits shall specifically meet the headworks loading limit and reflect the design and operational capabilities of the WWTP;

(b) Specific numerical limits shall be required on constituents contained in waste if the inclusion of such limits is necessary to meet applicable federal and state law;

(c) Local limits shall be established on a mass basis to allow indirect dischargers to reduce water use; and

(d) Local limits shall be reevaluated and revised as necessary no less than every 5 years from adoption.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.06 Prohibited Wastes {#sec-env-wq-305.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.06}

The list of prohibited wastes required by Env-Wq 305.04(c)(5) shall include the following:

(a) Any waste containing any pollutant in a concentration that is likely to cause corrosive or structural damage to the POTW, and in no case any waste having a pH lower than 5.0 or higher than 12.0;

(b) Solid or viscous pollutants in any amount that is likely to cause obstruction to the flow in the POTW or result in interference with the proper operation of the POTW;

(c) Any pollutant, including oxygen-demanding pollutants, released in a discharge at a flow rate or pollutant concentration or quantity that is likely to:

(1) Cause interference with POTW operations;

(2) Constitute a hazard to humans or animals;

(3) Create a public nuisance;

(4) Exceed any national categorical pretreatment standard; or

(5) Cause pass through;

(d) Any waste that contains a concentration or quantity of any pollutant such that the introduction of the waste to a POTW is likely to cause a treatment process upset and subsequent loss of treatment ability;

(e) Any waste that contains heat in an amount that is likely to inhibit biological activity in a POTW resulting in an interference, and in no case heat in such quantities that the temperature of the influent at the WWTP headworks exceeds 40°C, equivalent to 104°F;

(f) Pollutants that create a fire or explosion hazard in the POTW, including but not limited to waste streams with a closed cup flashpoint of less than 140°F, equivalent to 60°C, using the test methods specified in 40 CFR Part 261.21;

(g) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in an amount that is likely to cause interference or pass through;

(h) Pollutants that result in toxic gases, vapors, or fumes within the POTW in a quantity that is likely to cause worker health and safety problems;

(i) Any trucked or hauled pollutants, except at discharge points designated by the POTW;

(j) Any medical/infectious waste or radiological waste designated by the municipality as having a reasonable potential for adversely affecting the POTW’s operation or performance or for violating any pretreatment standard or requirement;

(k) Any wastewater that is likely to cause the POTW’s effluent or sludge to fail a toxicity test;

(l) Any hazardous waste listed or designated by the department under Env-Hw 400; and

(m) Any pharmaceutical waste, except for such pharmaceutical wastes as are required by federal law to be disposed of by flushing into a municipal sewer system.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.07 Alternate Provisions {#sec-env-wq-305.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.07}

A municipality may omit an element required by Env-Wq 305.04 from its municipal sewer use ordinance, or may include alternate or additional elements in its municipal sewer use ordinance, only if:

(a) The municipality obtains a waiver pursuant to Env-Wq 305.09; or

(b) The municipality includes, as part of its submittal pursuant to Env-Wq 305.08, an explanation of:

(1) Why the required element was omitted or alternate or additional elements were included; and

(2) How the resulting municipal sewer use ordinance supports the purpose and intent of the industrial pretreatment requirements as expressed in RSA 485-A and Env-Wq 305.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.08 Approval of Municipal Sewer Use Ordinance {#sec-env-wq-305.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.08}

(a) Each municipality shall submit its sewer use ordinance or any revisions thereto to the department for approval before adoption.

(b) Within 60 days of receipt of a sewer use ordinance from a municipality, the department shall review the ordinance for conformity with Env-Wq 305.04.

(c) The department shall approve the sewer use ordinance if it determines that:

(1) The ordinance contains all of the elements required by Env-Wq 305.04 or alternate provisions provided in accordance with Env-Wq 305.07; and

(2) The ordinance does not contain any provisions that are less stringent than the elements required by Env-Wq 305.04.

(d) The department shall notify the municipality of its approval or disapproval of the sewer use ordinance in writing. If the ordinance is not approved, the written notification shall specify the reason(s) for disapproval.

(e) Within 60 days of adopting the approved sewer use ordinance, the municipality shall send to the department:

(1) A copy of the adopted ordinance; or

(2) A copy of the signature page together with a certification that no changes were made to the department-approved ordinance prior to adoption.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.09 Waivers {#sec-env-wq-305.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.09}

(a) Waivers to the pretreatment standards set forth in a sewer use ordinance approved by the department shall be granted by the department only in accordance with this section.

(b) All requests for waiver approval shall be submitted to the department by the municipality and shall be in writing.

(c) All waiver requests shall include the following information:

(1) A full explanation of why a waiver is necessary, with supporting information and calculations;

(2) A full explanation of how the granting of the waiver is consistent with the purpose of RSA 485-A as set forth in RSA 485-A:1;

(3) A technical analysis of the effects of the proposed discharge on the POTW, relative to:

a. Performance and effluent quality;

b. Operation and maintenance;

c. Safety and health of workers;

d. Pass through; and

e. Sludge use or disposal; and

(4) Any other information that the person requesting the waiver believes is relevant to the waiver request.

(d) The department shall review the waiver request within 30 days of receipt. If the request does not contain all of the information specified in (c), above, or if the information is otherwise insufficient to allow the department to make an informed decision, the department shall request additional information.

(e) The department shall grant a waiver if the information submitted by the applicant demonstrates that:

(1) The alternatives proposed are at least equivalent to the specific requirements contained in the rule; or

(2) The alternatives proposed are adequate to ensure that the purpose of RSA 485-A is met and the result provides equivalent or better protection of the POTW and the receiving waters.

(f) The department shall notify the municipality of its decision in writing. If the waiver request is denied, the written decision shall specifically state the reason(s) for the denial.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.10 Industrial Wastewater Discharge Request {#sec-env-wq-305.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.10}

(a) Subject to (b), below, the owner of an indirect discharger from which industrial waste is or will be discharged to a POTW that has its wastewater treatment plant located in New Hampshire shall apply for approval of the discharge in accordance with this section prior to discharging any industrial waste, increasing the volume of the industrial wastewater flow, or changing any characteristics of the discharge, such as discharge location, pollutant concentration, or pollutant characteristics, if such discharge:

(1) Is from a significant indirect discharger;

(2) Could cause pass through or interference with the POTW;

(3) Could have an adverse effect on the receiving stream or otherwise endanger public or private safety or property; or

(4) Could constitute a nuisance by affecting qualities not specifically regulated, such as odor or the color of the discharge.

(b) The requirements of (a), above, shall not apply if the discharge request is submitted in accordance with Env-Wq 305.11, Env-Wq 305.19, or Env-Wq 305.20.

(c) The completed discharge request application required in (a) above, shall be submitted on the “Application for Industrial Wastewater Indirect Discharge Request”, NHDES-W-09-027 dated July 2021, available via the department’s website at www.des.nh.gov, and shall:

(1) Include the information specified in Env-Wq 305.12 and Env-Wq 305.13; and

(2) Be signed by the applicant as specified in Env-Wq 305.14.

(d) The applicant shall submit the complete, signed discharge request as specified in Env-Wq 305.15 or Env-Wq 305.16, as applicable.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.11 Discharge Request Submission, Processing, and Approvals: EPA-Approved Pretreatment POTW {#sec-env-wq-305.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.11}

Any person proposing to discharge wastewater to an EPA-approved pretreatment POTW, namely Claremont, Concord, Derry, Dover, Jaffrey, Keene, Manchester, Merrimack, Milford, Nashua, Rochester, Somersworth, or WRBP, shall comply with the applicable requirements of the respective POTW per 40 CFR Part 403.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.12 Discharge Request Form: Municipal Portion {#sec-env-wq-305.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.12}

The municipality shall complete the first part of the discharge request form by providing:

(a) The name of the municipality;

(b) The name of the applicant;

(c) Whether the requested permit is for a new discharge or a modified discharge;

(d) Prior flow volume, if any;

(e) Proposed flow volume and total flow volume to be discharged; and

(f) The printed or typed name and title of the individual authorized by the governing body of the municipality to sign discharge requests as specified in Env-Wq 305.14(a).

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.13 Discharge Request Form: Applicant Portion {#sec-env-wq-305.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.13}

The applicant shall provide the following information on or with the applicant portion of the discharge request form:

(a) The name, street address, and mailing address of the indirect discharger;

(b) The name, position, and daytime telephone number of a responsible individual at the indirect discharger, such as a plant manager, plant engineer, president, or vice president of the company, who has been authorized by the indirect discharger to certify the permit application as specified in Env-Wq 305.14(b);

(c) The North American Industry Classification System (NAICS) code of the indirect discharger and, if available, the SIC code(s);

(d) Whether the indirect discharger is subject to national categorical standards, and if so, which standards;

(e) Information on the proposed flow, including the estimated average, minimum, maximum and total daily flow for domestic discharges and each process discharge and the time and duration of those discharges;

(f) A schematic of the proposed pretreatment process;

(g) The name, company, and license number of the chemical, civil, sanitary, or environmental professional engineer (PE) authorized to work in New Hampshire under RSA 310-A who prepared the treatment system plans and specifications, if plans and specifications are being submitted for review;

(h) If applicable, plans, specifications, and operation and maintenance procedures for new or modified treatment facilities at the indirect discharger, stamped by the PE identified pursuant to (g), above;

(i) A schematic diagram showing the production process, including the origin of each waste stream;

(j) A list of pollutants expected to be present in the discharge and the anticipated quantity of each, based on:

(1) Analyses of the waste stream(s) to be discharged, in which case test results shall be submitted with the discharge permit request; or

(2) Knowledge of the process that produces the wastewater;

(k) If pretreatment is proposed, whether as a BMP or control technique or technology, performance results of the pretreatment as determined by testing or by the manufacturer;

(l) Information on the toxicity and treatability of the pollutants proposed to be discharged, as available from manufacturer’s testing, safety, and data publications;

(m) A map showing the location within the municipality of the indirect discharger with respect to the POTW;

(n) A listing of all chemicals used at the indirect discharger that will be or could be discharged, such as production chemicals, degreasers, and cleaning solvents;

(o) A description and location diagram of all sampling locations at the indirect discharger;

(p) A brief narrative describing those measures taken or planned to reduce water usage and implement pollution prevention techniques, if any, such as:

(1) Flow restrictors;

(2) Countercurrent rinses;

(3) Recycling of non-contact cooling water;

(4) Chemical substitutions; and

(5) Pollutant source reduction; and

(q) A list of all environmental permits held by or for the indirect discharger.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.14 Signatures and Certifications {#sec-env-wq-305.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.14}

(a) The individual authorized by the governing body of the municipality to sign discharge requests shall sign and date the discharge application. Such signature shall constitute certification that the proposal meets with the approval of all local authorities having jurisdiction over the request.

(b) The responsible individual identified pursuant to Env-Wq 305.13(b) shall sign and date the discharge application.

(c) Such signature shall constitute certification that:

(1) The application and all attachments were prepared under the responsible individual’s direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted;

(2) Based on inquiry by the responsible individual of the individual or individuals who manage the system, or those individuals directly responsible for gathering the information, the information submitted is true, accurate, and complete to the best of the responsible individual’s knowledge and belief; and

(3) The responsible individual is aware that there are significant penalties for submitting false information, including the possibility of criminal prosecution under RSA 641 for knowing violations.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.15 Discharge Request Submission: Local Treatment {#sec-env-wq-305.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.15}

(a) This section shall apply to the processing of discharge requests where the municipality, in which the applicant is located, owns and operates the POTW that will receive and treat the discharge.

(b) The applicant shall submit the completed, signed discharge request to the municipality.

(c) Upon receipt of a discharge request, the municipality shall evaluate the proposed discharge and the ability of the POTW to accommodate the discharge based on information submitted by the applicant.

(d) No municipality shall allocate or accept for treatment more than 90 percent of the headworks loading limits of its WWTP.

(e) The municipality shall not approve the discharge request unless the proposed discharge meets all applicable requirements of these rules and all applicable local pretreatment programs and sewer use ordinances.

(f) If the municipality approves the discharge request, an authorized official of the municipality shall:

(1) Sign the discharge request as specified in Env-Wq 305.14(a); and

(2) Forward the discharge request to the department.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.16 Discharge Request Submission: Remote Treatment {#sec-env-wq-305.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.16}

(a) This section shall apply to the processing of discharge applications where the POTW that will receive and treat the discharge (host POTW) is not owned and operated by the municipality in which the applicant is located (satellite municipality), other than discharges that are subject to Env-Wq 305.11.

(b) The applicant shall submit the completed, signed discharge request to the satellite municipality. The satellite municipality may request the applicant to submit 2 copies of the completed discharge request form.

(c) Upon receipt of a discharge request, the satellite municipality shall:

(1) Evaluate the proposed discharge for compliance with locally applicable requirements; and

(2) Approve the discharge request if the proposed discharge meets all locally applicable requirements.

(d) If the satellite municipality approves the discharge request, an authorized official of the satellite municipality shall:

(1) Sign the discharge request as specified in Env-Wq 305.14(a); and

(2) Forward the discharge request to the department and to the host POTW.

(e) Upon receipt of a discharge request, the host POTW shall evaluate the proposed discharge and the ability of the POTW to accommodate the discharge based on information submitted by the applicant.

(f) No host POTW shall allocate or accept for treatment more than 90 percent of the headworks loading limits of its WWTP.

(g) The host POTW shall not approve the discharge request unless the proposed discharge meets all applicable requirements of these rules and all applicable local pretreatment programs and sewer use ordinances.

(h) If the host POTW decides to accept the discharge, the host community shall submit a completed “Host POTW Acknowledgement”, NHDES-W-09-063, dated January 2021, available via the department’s website at www.des.nh.gov, by providing the following information:

(1) The name of the host POTW;

(2) The name of the satellite municipality;

(3) The name of the industry to which the discharge request applies;

(4) The date of the discharge request;

(5) The date the discharge request was received by the host POTW;

(6) Whether any comments are being provided, and if so, the comments; and

(7) The name and title of the individual who has been authorized to sign the Acknowledgement on behalf of the host POTW.

(i) The authorized representative of the host POTW shall sign and date the Acknowledgement.

(j) The host POTW shall send the completed Acknowledgement to:

Industrial Pretreatment Supervisor

NH DES Water Division

PO Box 95

Concord, NH 03302-0095.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.17 Discharge Application Processing {#sec-env-wq-305.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.17}

(a) Upon receipt of a completed, signed discharge request and, if applicable, a completed, signed “Host POTW Acknowledgement”, the department shall review the request.

(b) The department shall approve the request subject to the conditions listed in (c), below, if the information submitted demonstrates that:

(1) The proposed discharge meets all applicable requirements of these rules and all applicable local pretreatment programs and sewer use ordinances; and

(2) If applicable, the host POTW has agreed to accept the discharge.

(c) The department’s approval of a discharge request shall be subject to the following conditions:

(1) The indirect discharger shall fully comply with the applicable sewer use ordinance;

(2) The indirect discharger shall fully comply with all applicable federal, state and local pretreatment standards and requirements;

(3) The indirect discharger shall not add any water or other liquid to the effluent so as to reduce the concentration of pollutants by increasing the volume of effluent as a substitute for any pretreatment necessary to maintain compliance;

(4) The indirect discharger shall not make changes to any processes that contribute to the wastewater discharge that would increase the amount of flow, change the characteristics of the pollutants discharged, or increase the concentration of any pollutant without prior approval by the department through the submission of a new industrial wastewater discharge request in accordance with Env-Wq 305.10;

(5) The approval shall be based on and apply only to the subject discharge request and all associated plans and supporting information as submitted in the completed, signed discharge request;

(6) The approval shall become void if the discharge approved does not begin within one year from the date of approval; and

(7) Any other conditions as may be necessary to ensure compliance with pretreatment standards.

(d) Upon receipt of notification from the department that the discharge request is approved, the municipality in which the applicant is located shall issue a discharge permit to the indirect discharger.

(e) The municipality shall provide a copy of the discharge permit issued to the indirect discharger in accordance with (d), above, and any subsequent renewal, to the department by:

(1) Sending an electronic copy via email to des.wastewaterengineering@des.nh.gov; or

(2) Mailing a paper copy of the permit to:

Industrial Pretreatment Supervisor

NH DES Water Division

PO Box 95

Concord, NH 03302-0095.

(f) The municipality shall enforce the conditions of the discharge permit in accordance with RSA 485-A:5, III, reprinted in Appendix C.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.18 Discharge Permits {#sec-env-wq-305.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.18}

The discharge permit for significant indirect dischargers issued pursuant to Env-Wq 305.17(d) shall contain the following provisions:

(a) Indirect discharger name, street address, mailing address, and daytime telephone number;

(b) Dates of issuance and expiration;

(c) The general and specific conditions and prohibitions from the sewer use ordinance that apply to the discharge;

(d) A list of pollutants, allowable parameters, and discharge limits;

(e) Identification of applicable EPA categorical standards;

(f) A list of pollutants to be monitored and the monitoring requirements applicable thereto;

(g) Sampling frequency, techniques, and locations;

(h) Each condition specified in the department’s IDR approval;

(i) Reporting requirements;

(j) Inspection requirements;

(k) Notification requirements, including for:

(1) Slug loading;

(2) Spills, bypasses, and upsets;

(3) Changes in volume or characteristics of the discharge for which a permit revision is not required; and

(4) Permit violations;

(l) Record keeping requirements;

(m) Applicable definitions from the sewer use ordinance;

(n) Applicable civil and criminal penalties for violations;

(o) Notification requirements prior to any new or increased discharge;

(p) A requirement to submit a complete new application at a specified frequency, which shall be not less than once every five years;

(q) A requirement to provide a copy of the permit to the department, if the department so requests; and

(r) Notification that the state has legal authority to take direct action against the indirect discharger to enforce the provisions of Env-Wq 305.01 in accordance with RSA 485-A:5, IV, reprinted in Appendix C.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.19 Discharge Permits Not Required for New Technology Trials {#sec-env-wq-305.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.19}

A discharge request and permit shall not be required for a trial of a new technology provided that:

(a) The trial will not last longer than 4 months; and

(b) No discharge from the indirect discharger at which the trial is occurring is likely to cause a violation of:

(1) The indirect discharger’s existing discharge permit from the municipality; or

(2) Any requirements of the municipality’s sewer use ordinance or any other applicable state, federal, or local requirements.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.20 Approval of Special Discharges of Limited Duration {#sec-env-wq-305.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.20}

(a) Any person proposing to discharge, as a one-time or otherwise limited duration discharge, waters or wastes to the public sewers that contain the substances or possess the characteristics enumerated in Env-Wq 305.06, or that exceed any applicable national categorical pretreatment standard, local limit or local prohibited waste, or that might otherwise have a deleterious effect on the POTW or its processes or equipment or on the POTW’s receiving waters, or that might otherwise create a hazard to life or constitute a public nuisance, shall request permission from the POTW prior to discharging the waters or waste.

(b) To request permission to discharge, the person shall provide the following information:

(1) The nature of the waters or wastes to be discharged;

(2) The estimated duration of the discharge; and

(3) The anticipated start of the discharge.

(c) If necessary to fully characterize the proposed discharge, the person shall provide:

(1) The discharge peak rate and volume over a specified time period;

(2) Chemical analyses of the proposed discharge;

(3) A line diagram of the production process showing the origin of each waste stream;

(4) A listing of all chemicals used in the facility which could be discharged to the sewer;

(5) A plot plan of sewers on the user’s property showing sewer and any pretreatment facility location;

(6) Details of any wastewater pretreatment facilities; and

(7) Details of systems established by the user to prevent and control the losses of materials through spills to the public sewer or storm drain.

(d) The POTW shall deny the request unless it determines that the proposed discharge:

(1) Is not likely to cause a significant adverse impact to receiving waters or to the POTW, community or POTW personnel;

(2) Is not likely to create a hazard to life or constitute a public nuisance; and

(3) Could be treated to alleviate the adverse impact.

(e) If the POTW determines that the criteria specified in (d), above, are met, the POTW shall grant the request, subject to any conditions as are necessary to minimize any adverse impact, such as restricting the rate or timing of discharge or requiring pretreatment of the discharge.

(f) If the POTW accepts the discharge but determines that the discharge will cause the community or POTW to incur additional expenses as a result of the discharge, the POTW may require the person to pay the added cost of handling and treating the wastes as a condition of allowing the discharge.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

N.H. Code Admin. R. Ann. Env-Wq 305.21 Reporting {#sec-env-wq-305.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 305.21}

In order to demonstrate compliance with RSA 485-A:5, III, each municipality shall provide the following to the department no less frequently than once every 5 years:

(a) A copy of its current sewer use ordinance if it has been revised without department approval subsequent to any previous submittal to the department or a certification that no changes have been made;

(b) A current list of all significant indirect dischargers to the POTW that includes the following information for each significant indirect discharger:

(1) Name and address;

(2) The name and daytime telephone number of a contact person;

(3) Products manufactured;

(4) Industrial processes used;

(5) Existing pretreatment processes; and

(6) Discharge permit status;

(c) A list of all permitted indirect dischargers; and

(d) A certification that the municipality is strictly enforcing its sewer use ordinance and all discharge permits it has issued.

History

• (See Revision Note at part heading for Env-Wq 305) #10381, eff 8-1-13; ss by #13241, eff 7-24-21

Part Env-Wq 306 Standards for Management of Mercury-Containing Amalgam

N.H. Code Admin. R. Ann. Env-Wq 306.01 Purpose {#sec-env-wq-306.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 306.01}

The purpose of these rules is to implement RSA 485-A:4, XVIII so as to reduce the discharge of mercury-containing amalgam from dental offices into wastewater.

History

• (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13; ss by #13287, eff 12-1-21

N.H. Code Admin. R. Ann. Env-Wq 306.02 Applicability {#sec-env-wq-306.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 306.02}

(a) These rules shall apply to any dental practice where mercury-containing amalgam is applied, altered, maintained, or removed from within the human oral cavity or where mercury-containing amalgam waste is otherwise generated and is or could be discharged as wastewater.

(b) These rules shall not apply to orthodontists, periodontists, oral and maxillofacial surgeons, oral pathologists, and oral and maxillofacial radiologists who do not generate mercury-containing amalgam waste.

(c) These rules shall not supersede the federal requirements at 40 CFR 441 for dental practices that are subject to the federal requirements.

History

• (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13; ss by #13287, eff 12-1-21

N.H. Code Admin. R. Ann. Env-Wq 306.03 Definitions {#sec-env-wq-306.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 306.03}

For the purposes of this part, the following definitions shall apply:

(a) “Amalgam separator” means equipment designed to remove amalgam particles from wastewater at a dental practice, so as to reduce the number of amalgam particles and therefore the amount of amalgam entering the sewer system or subsurface sewage disposal system;

(b) “Dental practice” means a business established for the purpose of practicing dentistry, as defined by RSA 317-A:20;

(c) “Department” means the New Hampshire department of environmental services;

(d) “Hazardous waste rules” means the rules in subtitle Env-Hw; and

(e) “Owner of the practice” means the individual, partnership, corporation, or association who owns the dental practice.

History

• (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13; ss by #13287, eff 12-1-21

N.H. Code Admin. R. Ann. Env-Wq 306.04 Amalgam Separator {#sec-env-wq-306.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 306.04}

(a) Before any dental practice discharges wastewater containing mercury-containing amalgam residues into a sewer system or to a subsurface disposal system, the owner of the practice shall ensure that such wastewaters are treated by an amalgam separator that:

(1) Subject to (d), below, is certified by the manufacturer as meeting International Organization for Standardization (ISO) 11143:2008(E) standards; and

(2) Is designed and constructed for the expected volume and flow rate of discharge from the dental practice it serves.

(b) The owner of the practice shall ensure that the amalgam separator is installed, operated, and maintained at the dental practice in accordance with the manufacturer’s requirements.

(c) Waste amalgam collected by an amalgam separator or by any other filter, trap, or other method shall be managed as hazardous wastes in accordance with the hazardous waste rules.

(d) A dental practice that was in operation prior to the 2013 effective date of this part that uses an amalgam separator installed pursuant to Env-Ws 905 which meets the ISO 11143:1999(E) standards may continue to use that separator until such time as the separator is replaced, at which time a separator that meets the 2008 standard shall be installed.

(e) For purposes of (d), above, replacement of a collection container or other part, such as a filter, that is considered routine maintenance shall not require replacement of the entire system.

(f) Notwithstanding (d) above, when a federal requirement relative to standards for mercury amalgam separators that is more stringent than the 1999 standard becomes effective, which currently is scheduled to occur on June 14, 2027 under 40 CFR 441.30(a)(1)(iii), a separator that meets the federal standard shall be installed.

History

• (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13; ss by #13287, eff 12-1-21

N.H. Code Admin. R. Ann. Env-Wq 306.05 Initial Certification {#sec-env-wq-306.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 306.05}

(a) The owner of the practice who installs or arranges for the installation of an amalgam separator at a dental practice, or who obtains an existing dental practice through purchase or transfer of any kind, shall certify in writing to the department that an amalgam separator has been properly installed in accordance with this part.

(b) The certification required by (a), above, shall be provided to the department within 30 days of completion of installation.

(c) The certification shall:

(1) Identify the manufacturer and model of amalgam separator installed;

(2) Include a written description, which may be a sketch, of the location of the amalgam separator;

(3) Identify the owner of the practice and the street address of the dental practice at which the amalgam separator was installed; and

(4) Identify the maximum flow rate the amalgam separator is designed to treat.

(d) The certification shall be signed by:

(1) A duly-authorized corporate officer, if the dental practice is a corporation;

(2) One of the general partners, if the dental practice is a partnership;

(3) The sole proprietor, if the dental practice is a sole proprietorship; or

(4) A duly-authorized officer of the association, if the dental practice is a professional association.

History

• (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13; ss by #13287, eff 12-1-21

N.H. Code Admin. R. Ann. Env-Wq 306.06 Annual Certification {#sec-env-wq-306.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 306.06}

(a) By the last business day of January each year, the owner of the practice shall certify to the department that the amalgam separator is installed, operated, and maintained in accordance with the manufacturer's requirements.

(b) The certification required by (a), above, shall:

(1) Include the information specified in Env-Wq 306.05(c);

(2) Be signed as specified in Env-Wq 306.05(d); and

(3) Be submitted to the department by:

a. Attaching a scan of the certification to an email sent to des.wastewaterengineering@des.nh.gov; or

b. Mailing or delivering the certification to:

NH Department of Environmental Services

Wastewater Engineering Bureau

29 Hazen Drive P.O. Box 95

Concord, NH 03302-0095

History

• #13287, eff 12-1-21

N.H. Code Admin. R. Ann. Env-Wq 306.07 Waivers {#sec-env-wq-306.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 306.07}

(a) The purpose of this section is to accommodate situations where strict compliance with all rules in this part might not be the best outcome in light of the particular circumstances of a specific situation.

(b) Any owner of the practice who wishes to request a waiver of:

(1) Specific rules in this part shall do so in accordance with (c) and (d), below; or

(2) The hazardous waste rules shall do so in accordance with Env-Hw 202.

(c) A request for a waiver shall be submitted to the department in writing.

(d) A request for a waiver of specific rules in this part shall include the following information:

(1) A specific reference to the section of the rule for which a waiver is being sought;

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

(3) Detailed information showing how the granting of the waiver is consistent with this part; and

(4) A technical analysis demonstrating how any proposed alternate technology, device, or technique provides equivalent or better removal of amalgam waste than strict compliance with this part.

(e) If the request for a waiver is incomplete or provides insufficient information to allow the department to make a decision, the department shall ask the requestor to provide additional information. The owner of the practice requesting a waiver shall supply the additional information within 30 days of request by the department.

(f) The department shall grant a waiver if:

(1) The proposed alternative technology, device, or technique is adequate to ensure that the purpose of these rules is met and the result provides equivalent or better removal of amalgam waste than strict compliance with this part;

(2) The amount of amalgam waste generated annually by the practice contains no more than 0.5 grams of mercury; or

(3) Through the use of evaporation devices or other technologies, the owner of the practice demonstrates that:

a. There is no wastewater discharge from any dental chair station; and

b. There is no connection from any dental chair station or plumbing fixture that might discharge amalgam waste to a sanitary sewer or subsurface sewage disposal system.

(g) A waiver granted under this section shall apply solely to the rule in this part that is waived, and shall not excuse compliance by the alternative technology, device, or technique with any other applicable federal, state, or local requirements.

History

• (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13 (formerly Env-Wq 306.06)

N.H. Code Admin. R. Ann. Env-Wq 306.08 Compliance Period {#sec-env-wq-306.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 306.08}

No wastewater shall be discharged from any dental practice that is subject to this part unless:

(a) An amalgam separator has been installed and is operating as per Env-Wq 306.04; or

(b) A waiver has been obtained in accordance with Env-Wq 306.07.

History

• (See Revision Note at part heading for Env-Wq 306) #10346, eff 5-22-13 (formerly Env-Wq 306.07)

N.H. Code Admin. R. Ann. Env-Wq 306.09 Record Keeping {#sec-env-wq-306.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 306.09}

(a) The owner of the practice shall maintain:

(1) Records of manufacturer-recommended inspection and servicing events; and

(2) Shipping manifests of amalgam waste that is collected and shipped as hazardous waste.

(b) The owner of the practice shall:

(1) Maintain the records and manifests for a period of not less than 3 years, which period shall be extended throughout the pendency of any enforcement action until such time as the action is final; and

(2) Provide copies of the records to the department upon request during an on-site compliance inspection or based on questions raised by the annual certification filed pursuant to Env-Wq 306.06 or by a failure to file the annual certification.

Appendix A

Rule Section(s)

State Statute(s) Implemented

Env-Wq 301 (also see specific sections listed below)

RSA 485-A:8; RSA 485-A:13, I(a)

Env-Wq 301.06

RSA 485-A:4, XVII

Env-Wq 301.10

RSA 541-A:30

Env-Wq 304 (also see specific sections below)

RSA 485-A:5-a; RSA 485-A:7-a; RSA 485-A:7-b; RSA 485-A:7-c; RSA 485-A:7-d; RSA 486:9

Env-Wq 304.06 – Env-Wq 304.08

RSA 486:9

Env-Wq 304.09 – Env-Wq 304.11

RSA 485-A:7-a, I & II

Env-Wq 304.12

RSA 485-A:7-a, III; RSA 485-A:7-b

Env-Wq 304.13

RSA 485-A:7-a, I

Env-Wq 304.14

RSA 485-A:7-c, I

Env-Wq 304.15-Env-Wq 304.18

RSA 485-A:7-c, II

Env-Wq 304.19

RSA 485-A:7-c, III

Env-Wq 304.20-Env-Wq 304.22

RSA 485-A:7-d

Env-Wq 304.23

RSA 485-A:7-c, II, RSA 485-A:7-d

Env-Wq 304.24

RSA 485-A:5-a, RSA 486:9

Env-Wq 304.25-Env-Wq 304.30

RSA 486:9

Env-Wq 304.31

RSA 485-A:2, I-b

Env-Wq 304.32

RSA 541-A:22, IV

Env-Wq 305 (see also specific sections listed below)

RSA 485-A:4, XV; RSA 485-A:5

Env-Wq 305.09

RSA 541-A:22, IV

Env-Wq 305.10

RSA 485-A:4, VI, IX-a, IX-b, IX-c

Env-Wq 305.11

RSA 485-A:45-54

Env-Wq 305.12 - Env-Wq 305.16

RSA 485-A:4, VI, IX-a, IX-b, IX-c

Env-Wq 305.17

RSA 485-A:4, IX-c

Env-Wq 306 (see also specific section listed below)

RSA 485-A:4, XVIII

Env-Wq 306.06

RSA 541-A:22, IV

Env-Wq 306.07

RSA 541-A:22, IV

Appendix B - Statutory Definitions

RSA 125-N:2

VIII. “Medical/infectious waste” means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Medical/infectious waste does not include any hazardous waste regulated under RSA 147-A.

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-A:2

I-a. “Certificate” means a certificate of competency issued by the department stating that the operator has met the particular requirements established by the department for certification at each level of operation.

I-b. “Certification committee” means those persons designated by the commissioner, and those persons elected by the New Hampshire Water Pollution Control Association to serve as the review committee for certification of wastewater treatment plant operators.

VI. “Industrial waste” means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources.

VII-a. “Operator” means:

(a) The individual who has full responsibility for the daily operation of a wastewater treatment plant or a pollution control facility;

(b) The individual normally responsible for the operations shift; or

(c) Individuals who perform important operating functions.

VIII. “Other wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substance harmful to human, animal, fish or aquatic life.

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

IX-a. “Septage” means material removed from septic tanks, cesspools, holding tanks, or other sewage treatment storage units, excluding sewage sludge from public treatment works and industrial waste and any other sludge.

X. “Sewage” means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.

XI-a. “Sludge” means the solid or semisolid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under RSA 149-M.

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

XVI. “Waste” means industrial waste and other wastes.

XVI-a. “Wastewater treatment plant” means the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.

XVII. “Bypass” means the intentional diversion of waste streams from any portion of the wastewater facilities.

XVIII. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee.

XIX. “Wastewater facilities” means the structures, equipment, and processes required to collect, convey, and treat domestic and industrial wastes, and dispose of the effluent and sludge.

Appendix C: Statutory Provisions Cited

RSA 485-A:5-a Operator Certification Required. – The department shall certify operators of wastewater treatment plants. Wastewater treatment plants shall be operated only by certified operators.

RSA 485-A:6 Rulemaking. – The commissioner shall adopt rules, under RSA 541-A, after public hearing, relative to:

XI. The minimum qualifications for and certification of operators of pollution control facilities. XI-b. Certification of operators of wastewater treatment plants and revocation and suspension of such certificates as provided in RSA 485-A:7-d.

RSA 485-A:7-a Application; Special Fund. –

I. Any operator of a wastewater treatment plant seeking certification or to increase his level of certification shall file an application with the certification committee at least 6 weeks prior to the next examination date on a form provided by the department.

II. All applications shall be accompanied by a $50 fee to cover department expenses for conducting the certification program. All fees shall be deposited with the state treasurer and deposited in a special nonlapsing wastewater plant operator certification fund to be used by the department for the administration of this subdivision and for the operation of the department-owned Wastewater Plant Operator Training Center.

III. Any applicant failing the examination shall be allowed one retest at the same certification level at no additional cost to the applicant.

RSA 485-A:7-b Examinations. – The department shall prepare written examinations to determine the knowledge, ability, and judgment of operators. Such examinations shall be administered in accordance with rules adopted by the department pursuant to RSA 485-A:6.

RSA 485-A:7-c Issuance of Certificates. –

I. Upon satisfactory completion by an applicant of the established requirements, the department shall issue to the applicant a suitable certificate designating the applicant's competency. The certificate shall indicate the level of operation for which the operator is qualified. The certificate shall remain in effect for 2 years from the date of issuance.

II. Certificates shall be renewed biennially and shall be accompanied by a $50 renewal fee, which shall be deposited pursuant to RSA 485-A:7-a, II. If the renewal fee is not submitted within 90 days of the certificate's expiration date, the certified individual's name shall be removed from the current status and the certificate shall be deemed expired. The department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee if the renewal is late.

III. Certificates may be issued, upon payment of the $50 fee, without examination, for a comparable classification to any person actively seeking employment in New Hampshire who holds a certificate issued by the appropriate certification agency of any federal, state, interstate, territorial, or other jurisdiction if, in the judgment of the committee, the certification requirements of the jurisdiction granting such certification do not conflict with the department's rules and are not less stringent than rules adopted under this subdivision. The fee shall be deposited pursuant to RSA 485-A:7-a, II.

RSA 485-A:7-d Revocation. – The department may suspend or revoke the certificate of an operator under rules adopted pursuant to RSA 485-A:6.

RSA 486:9 Operator Certification. – The operators of pollution control facilities shall be certified as to their qualifications and ability to operate said facilities in accordance with rules adopted by the commissioner under RSA 541-A.

RSA 486:10 Rulemaking. – The commissioner may adopt rules under RSA 541-A relative to treatment of wastes by or from industrial and nonindustrial recipients of waste treatment services to establish:

III. Certification criteria for pollution control facilities operators.

History

• #13287, eff 12-1-21

Chapter Env-Wq 400 Groundwater Protection

Part Env-Wq 401 Required Best Management Practices for Groundwater Protection

N.H. Code Admin. R. Ann. Env-Wq 401.01 Purpose {#sec-env-wq-401.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.01}

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

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.02 Applicability {#sec-env-wq-401.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.02}

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

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

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

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

(c) These rules also shall not apply to:

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

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

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

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.03 Definitions {#sec-env-wq-401.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.03}

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

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

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

(d) “Owner” means any person who, either directly or indirectly, owns a facility or site on which the potential contamination source is located and, if different, any person who, either directly or indirectly, controls or otherwise directs activities at a facility or site. "Owner" does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

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

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

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

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

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

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

(3) Any substance listed in 40 CFR 302, 7-1-25 edition.

(i) “Secondary containment” means a structure, such as an impervious berm or dike, that is adequate to contain any spills or leaks at 110% of the volume of the largest regulated container in the storage area or 10% of the total volume of regulated containers, whichever is greater.

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

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

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.04 Storage of Regulated Substances {#sec-env-wq-401.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.04}

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

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

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

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

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

a. Immediately seal all such cracks and holes; or

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

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

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

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

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

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

(h) Regulated containers in outdoor storage areas shall:

(1) Have secondary containment;

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

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

(4) Not be stored within any of the following distances below, unless a greater distance is required by any other federal standard, state statute, or rule in which case such distance shall apply:

a. For surface waters, 50 feet;

b. For private wells, 75 feet;

c. The sanitary protective area, established pursuant to Env-Dw 302.10, of any public water supply well; or

d. For storm drains, 50 feet.

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.05 Transferring Regulated Substances {#sec-env-wq-401.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.05}

Regulated substances shall be transferred from or to regulated containers only under the following conditions:

(a) Funnels and drip pans or other appropriate transfer equipment shall be used; and

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

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.06 Floor Drains {#sec-env-wq-401.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.06}

Interior floor drains shall discharge only as authorized by one of the following:

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

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

(c) A national pollutant discharge elimination system (NPDES) permit; or

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

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.07 Work Sinks {#sec-env-wq-401.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.07}

Work sinks shall discharge only as authorized by one of the following:

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

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

(c) An NPDES permit; or

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

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.08 Holding Tanks {#sec-env-wq-401.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.08}

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

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.09 Release Response Information {#sec-env-wq-401.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.09}

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

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

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

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

(3) The procedure for spill containment; and

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

a. State police;

b. Local police and fire department;

c. Local hospital;

d. Department of environmental services;

e. Poison control center; and

f. Office of emergency management.

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15; ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.10 Inspections {#sec-env-wq-401.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.10}

Potential contamination sources in any area shall be subject to inspections by the department.

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15 (from Env-Wq 401.02(d)); ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

N.H. Code Admin. R. Ann. Env-Wq 401.11 Waivers {#sec-env-wq-401.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 401.11}

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

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

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

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

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

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

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

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

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

(c) The department shall not grant a waiver unless it determines that:

(1) The requirement to be waived is not an unwaivable statutory requirement;

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

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

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

(e) The department shall issue a written response to a request for a waiver within 60 days of receipt of the request. If the department denies the request, the reasons(s) for the denial shall be clearly stated in the written response.

History

• (See Revision Note at part heading for Env-Wq 401) #8786, eff 1-5-07; ss by #10828, eff 5-19-15 (from Env-Wq 401.10); ss by #14345, eff 8-23-25, EXPIRES: 8-23-35

Part Env-Wq 402 Groundwater Discharge Permits and Registrations

N.H. Code Admin. R. Ann. Env-Wq 402.01 Purpose {#sec-env-wq-402.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.01}

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.02 Applicability {#sec-env-wq-402.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.02}

These rules shall apply to:

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.03 Definitions {#sec-env-wq-402.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.03}

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.04 Groundwater Quality Criteria {#sec-env-wq-402.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.04}

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.05 Exemptions to Groundwater Quality Criteria {#sec-env-wq-402.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.05}

Groundwater shall be exempt from the groundwater quality criteria of Env-Wq 402.04(a) and (b) if:

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

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

(c) The only source of the groundwater contamination is:

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.06 Ambient Groundwater Quality Standards (AGQS) {#sec-env-wq-402.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.06}

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.07 Prohibited Discharges {#sec-env-wq-402.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.07}

No person shall discharge any of the following to the ground or groundwater:

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.08 Groundwater Discharge Permit Required {#sec-env-wq-402.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.08}

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

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

(2) Land treatment of wastewater;

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.09 Groundwater Discharge Permit Not Required {#sec-env-wq-402.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.09}

A groundwater discharge permit shall not be required for the following activities or facilities:

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.10 Nitrate Setbacks {#sec-env-wq-402.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.10}

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

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

Design Flow (gpd)

for each system

Hydraulically

Down-gradient (feet)

Hydraulically

Side-gradient (feet)

Hydraulically

Up-gradient (feet)

1,001 – 1,100

55

28

14

1,101 – 1,200

60

30

15

1,201 – 1,300

65

33

17

1,301 – 1,400

70

35

18

1,401 – 1,500

75

38

19

1,501 – 1,600

80

40

20

1,601 – 1,700

85

43

22

1,701 – 1,800

90

45

23

1,801 – 1,900

95

48

24

1,901 – 2,000

100

50

25

2,001 – 2,100

105

53

27

2,101 – 2,200

110

55

28

2,201 – 2,300

115

58

29

2,301 – 2,400

120

60

30

2,401 – 2,500

125

63

32

2,501 – 3,000

150

75

37

3,001 – 3,500

175

88

44

3,501 – 4,000

200

100

50

4,001 – 4,500

225

113

57

4,501 – 5,000

250

125

63

5,001 – 6,000

275

138

69

6,001 – 7,000

300

150

75

7,001 – 8,000

320

160

80

8,001 – 9,000

340

170

85

9,001 - 10,000

350

175

88

10,001 - 15,000

435

213

107

15,001 - 19,999

500

250

125

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.11 Groundwater Discharge Permit Application {#sec-env-wq-402.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.11}

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.12 Facility Identification Information {#sec-env-wq-402.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.12}

The applicant for a groundwater discharge permit shall submit the following facility identification information:

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

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

(c) If the applicant is applying pursuant to Env-Wq 402.08(c), the book and page number of the recorded easement;

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

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

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

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

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

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

(2) Volume of discharge;

(3) Total number of discharge points;

(4) Hydraulic loading rates;

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

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

(7) A proposed discharge schedule.

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.13 Maps {#sec-env-wq-402.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.13}

The applicant for a groundwater discharge permit shall submit the following maps:

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

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

(1) A groundwater discharge zone boundary;

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.14 Facility Plan {#sec-env-wq-402.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.14}

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

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

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

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

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

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

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

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

c. Surface water sampling points;

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

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

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

g. A groundwater discharge zone boundary;

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

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

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

k. Physical structures and buildings associated with the facility;

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

m. Underground utilities at the facility; and

n. Subsurface drains at the facility.

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.15 Additional Information {#sec-env-wq-402.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.15}

The applicant shall provide the following additional information:

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

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

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

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

(1) Soil sample descriptions according to:

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

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

(2) Drilling methods; and

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

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

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

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

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

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

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

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

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

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

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

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

(2) A hydrogeological study that includes the following:

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

b. Estimates of hydraulic gradients and flow directions;

c. Estimates of hydraulic conductivity and seepage velocity;

d. A description of soil types and thickness;

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.16 Certifications {#sec-env-wq-402.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.16}

The applicant shall submit the following certifications:

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.17 Fee {#sec-env-wq-402.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.17}

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

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

(c) Political subdivisions of New Hampshire shall be exempt from the fee specified in (a), above.

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.18 Signatures Required for Groundwater Discharge Permit Application {#sec-env-wq-402.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.18}

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

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

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

(2) The signer understands that:

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

1. Denying the application;

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.19 Action on Applications for Groundwater Discharge Permits {#sec-env-wq-402.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.19}

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.20 Permit Conditions {#sec-env-wq-402.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.20}

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

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

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

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

(c) Prior to commencing operations at the facility, the permit holder shall submit the following to the department:

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

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

(3) One complete set of water quality results.

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.21 Water Quality Sampling, Analysis, and Reporting {#sec-env-wq-402.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.21}

(a) The permittee shall:

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

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

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

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

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

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

(c) Sampling shall be performed in accordance with:

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.22 Groundwater Monitoring Wells {#sec-env-wq-402.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.22}

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.23 Groundwater Discharge Zone {#sec-env-wq-402.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.23}

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.24 Groundwater Discharge Permit Compliance Criteria {#sec-env-wq-402.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.24}

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

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

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

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

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

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

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

Contaminant

Maximum Concentration

1,4-dioxane

2 μg/L

Perfluorohexane sulfonic acid (PFHxS)

Twice the AGQS established in Env-Or 603.03

Perfluorononanoic acid (PFNA)

Twice the AGQS established in Env-Or 603.03

Perfluorooctane sulfonic acid (PFOS)

Twice the AGQS established in Env-Or 603.03

Perfluorooctanoic acid (PFOA)

Twice the AGQS established in Env-Or 603.03

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.25 Response to Exceedances {#sec-env-wq-402.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.25}

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) Subject to (d), below, the response plan shall include the following:

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

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

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

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

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

(6) Groundwater quality restoration.

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

(e) The permittee shall:

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

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

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

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

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

(2) Achieve compliance with AGQS;

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.251 Treatment for Excess 1,4-Dioxane {#sec-env-wq-402.251 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.251}

and Certain Per- and Polyfluoroalkyl Substances in Wastewater Discharged to Groundwater.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) A recommendation for providing alternate water; and

(2) A schedule for implementing the response plan.

(g) The department shall:

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.26 Permit Renewal Process {#sec-env-wq-402.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.26}

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

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

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.27 Permit Modification and Termination {#sec-env-wq-402.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.27}

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

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

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

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

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

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

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

(c) After reviewing the request, the department shall:

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

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

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

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

(1) After providing written notice that:

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

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

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

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

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

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

(2) If the department determines that:

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.28 Permit Transfer {#sec-env-wq-402.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.28}

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

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

(1) The groundwater discharge permit number;

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

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

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.29 Temporary Groundwater Discharge Permit {#sec-env-wq-402.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.29}

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

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

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

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

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

b. Water well pumping tests;

c. Water storage tank purging or cleaning;

d. Construction dewatering;

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

f. Department-approved remedial actions.

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.30 Temporary Groundwater Discharge Permit Compliance Criteria {#sec-env-wq-402.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.30}

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.31 Temporary Groundwater Discharge Permit Application {#sec-env-wq-402.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.31}

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

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

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

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

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

(5) An explanation of the proposed discharge including:

a. The purpose of the discharge;

b. The location of the closest sanitary sewer;

c. The proposed discharge rate and estimated duration;

d. The estimated starting date of the proposed discharge;

e. The proposed discharge location and method; and

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

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

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

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

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

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

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

(2) The signer understands that:

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

1. Denying the application;

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.32 Temporary Permit Application Processing {#sec-env-wq-402.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.32}

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.33 Discharge Registration Required {#sec-env-wq-402.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.33}

The owner of a facility shall obtain a discharge registration prior to engaging in any of the following activities:

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

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

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

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

(c) Stormwater infiltration via subsurface leaching or distribution structures;

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.34 Discharge Registration Application {#sec-env-wq-402.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.34}

The applicant for a discharge registration shall submit the following information to the department on or with a form obtained from the department:

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

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

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

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

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

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

(g) A facility plan that clearly identifies:

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.35 Signature Required for Discharge Registrations {#sec-env-wq-402.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.35}

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

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

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

(2) The signer understands that:

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

1. Denying the application;

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.36 Discharge Registrations {#sec-env-wq-402.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.36}

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

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

(c) Discharges other than those described in the registration shall be prohibited.

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

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

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.37 Transfer of Discharge Registrations {#sec-env-wq-402.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.37}

If ownership of a facility having a discharge registration is transferred, then:

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.38 Floor Drains {#sec-env-wq-402.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.38}

Any person who owns a structure in which floor drains are located in areas where regulated substances are used or stored shall:

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.39 Holding Tank Registration Applications {#sec-env-wq-402.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.39}

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

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

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

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

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

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

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

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

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

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

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

(9) Design plans that meet the following requirements:

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

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

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

d. Manholes shall extend to finished grade;

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.40 Signature Required for Holding Tank Registration Applications {#sec-env-wq-402.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.40}

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

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

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

(2) The signer understands that:

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

1. Denying the application;

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

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

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

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

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

History

• #11036, eff 3-1-16

N.H. Code Admin. R. Ann. Env-Wq 402.41 Holding Tank Registrations {#sec-env-wq-402.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.41}

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

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

(c) Discharges other than those described in the registration shall be prohibited.

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

(1) Tank installation; or

(2) Tank closure or removal.

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

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

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

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

History

• #11036, eff 3-1-16

N.H. Code Admin. R. Ann. Env-Wq 402.42 Transfer of Holding Tank Registrations {#sec-env-wq-402.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.42}

If ownership of a facility having a holding tank registration is transferred, then:

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

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

History

• #11036, eff 3-1-16

N.H. Code Admin. R. Ann. Env-Wq 402.43 Inspections {#sec-env-wq-402.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.43}

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

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

(b) Gather evidence on existing conditions and procedures;

(c) Obtain representative samples of containers, floor drains, holding tanks, and other discharges;

(d) Conduct tests, analyses, and evaluations;

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 402.44 Waivers {#sec-env-wq-402.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 402.44}

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

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

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

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

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

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

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

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

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

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

History

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

Part Env-Wq 403 Large Groundwater Withdrawals

N.H. Code Admin. R. Ann. Env-Wq 403.01 Purpose {#sec-env-wq-403.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.01}

The purpose of these rules is to establish procedures and standards for development of a large groundwater withdrawal.

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.02 Applicability {#sec-env-wq-403.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.02}

(a) These rules shall apply to:

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.03 Statutory Definitions {#sec-env-wq-403.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.03}

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

Table 403-1: Statutory Definitions

Term

Statute

Community water system

RSA 485:1-a, I

Groundwater

RSA 485-C:2, VIII

Large groundwater withdrawal

RSA 485-C:2, IX-a

Person

RSA 485-C:2, XI

Public water system

RSA 485:1-a, XV

Replacement well

RSA 485-C:2, XIII-a

Short-term use

RSA 485-C:2, XIII-b.

Surface water

RSA 485-A:2, XIV (surface waters of the state)

Well

RSA 485-C:2, XVII

Wetlands

RSA 482-A:2, X

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.04 Part-Specific Definitions {#sec-env-wq-403.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.04}

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.05 Process for New Large Groundwater Withdrawal Preliminary Application {#sec-env-wq-403.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.05}

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.06 Larg {#sec-env-wq-403.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.06}

e Groundwater Withdrawal Permit Preliminary Application.

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

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

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

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

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

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

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

f. Project information, including:

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

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

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

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

5. Project type;

6. Type of proposed water source;

7. Number of proposed water sources;

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

9. A narrative summary of the project;

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

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

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

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

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.07 Signatures and Certifications {#sec-env-wq-403.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.07}

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

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

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

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

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

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

(2) The signer understands that:

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.08 Description of Use {#sec-env-wq-403.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.08}

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.09 Conceptual Hydrologic Model and Potential Impact Area {#sec-env-wq-403.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.09}

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

(1) Be developed by a qualified professional;

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

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

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

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

(2) Historical water level data;

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

(4) Published reports and maps;

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

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

(7) Geophysical data, if available.

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

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

(e) The conceptual hydrologic model shall include:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.10 Preliminary Inventory of Contamination Sources {#sec-env-wq-403.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.10}

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

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

(c) The contaminant source inventory shall be used to estimate withdrawal effects in accordance with Env-Wq 403.12.

(d) The contamination source inventory shall:

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

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

a. Records at the department;

b. Records at the municipalities; and

c. A windshield survey;

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

a. The site name and physical address;

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.11 Preliminary Inventory of Water Resources and Uses {#sec-env-wq-403.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.11}

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

(1) Be prepared in accordance with this section;

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

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

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

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

(2) Published reports;

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

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

(c) The water resource component of the inventory shall:

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

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

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

(1) Public water supply withdrawals and impoundments;

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

(3) Permitted surface water discharges;

(4) Permitted groundwater discharges;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) A current tax map.

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.12 Estimation of Withdrawal Effects {#sec-env-wq-403.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.12}

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

(b) The estimate of withdrawal effects shall:

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

(2) Be prepared by a qualified professional;

(3) Account for current land use patterns;

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.13 Withdrawal Testing Program Design {#sec-env-wq-403.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.13}

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.14 Approval of a Large Groundwater Withdrawal Permit Preliminary Application {#sec-env-wq-403.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.14}

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

History

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

N.H. Code Admin. R. Ann. Env-Wq 403.15 Proceedings Subsequent to Approval of Preliminary Application {#sec-env-wq-403.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.15}

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

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

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

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

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

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

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

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

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

(7) Submit a final report completed in accordance with Env-Wq 403.20 to the department;

(8) Send a complete copy of the final report via certified mail to each municipality and public water supplier in the potential impact area; and

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

(b) Upon receipt of a final report pursuant to (a)(7), the department shall proceed in accordance with RSA 485-C:21, V-a and Env-Wq 403.21.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.13) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.16 Withdrawal Testing {#sec-env-wq-403.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.16}

(a) Withdrawal testing performed to meet the requirements of this part shall not be undertaken unless and until the department approves the preliminary application in accordance with Env-Wq 403.14.

(b) Withdrawal testing shall be completed as specified in the plan prepared in accordance with Env-Wq 403.13.

(c) Withdrawal testing observations, results, and interpretations shall be presented in the report completed in accordance with Env-Wq 403.20.

(d) When the withdrawal testing program developed in accordance with Env-Wq 403.13 includes the monitoring of water levels of any existing sources identified in the inventory of water users and resources, permission to access these locations shall be obtained by the applicant by sending a written notice of the forthcoming test to each owner and each user of such sources as specified in (e), below.

(e) The notice sent pursuant to (d), above, shall:

(1) Explain the reason for requesting information about and access to the source, including that state law requires the applicant to assess whether the proposed withdrawal could adversely impact existing water users and that the source’s owner is not requried to provide the requested information or access;

(2) Request monitoring permission and a written response;

(3) Define responsibility to prepare the source for monitoring;

(4) State the monitoring requirements;

(5) Inform the source user and owner that the applicant will collect a water sample for bacteria from the source both prior to and following the installation or use of monitoring equipment in the source;

(6) If the source is a well, include an offer for the applicant to disinfect and reseal the well when the monitoring ends;

(7) Inform the source user and owner that the applicant will supply potable water or cease the withdrawal test should their water supply needs not be met during the monitoring test;

(8) Identify the name and telephone number of:

a. The individual point of contact for the applicant who should be contacted in the event of a water outage during testing; and

b. The department staff member who can be contacted for more general information about the state’s large groundwater withdrawal requirements, as identified by the department upon request of the applicant; and

(9) Be sent via certified mail with return receipt requested, or by another method that demonstrates receipt of the notice, at least 14 days prior to commencing the withdrawal testing program.

(f) If the applicant is unable to monitor a source of water of a potentially impacted user, the estimate of the effect of the withdrawal on the source shall:

(1) Be based upon data collected from other nearby wells that represent the sources that could not be monitored; or

(2) Be based on an estimate using data collected during the withdrawal testing and analytical techniques.

(g) Bacteria samples taken pursuant to (e)(5), above, shall be submitted for analyses for coliform bacteria and analyzed at a laboratory accredited pursuant to Env-C 300 using a method that enumerates the number of bacteria colonies present in the samples collected.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.14) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.17 Conceptual Hydrologic Model Refinement {#sec-env-wq-403.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.17}

(a) The applicant shall refine the conceptual hydrologic model developed in accordance with Env-Wq 403.09 based on results of the withdrawal testing completed in accordance with Env-Wq 403.16.

(b) If, after the withdrawal testing, the applicant elects to reduce the withdrawal volume proposed pursuant to Env-Wq 403.06(a)(2), the applicant shall refine the conceptual hydrologic model to reflect the revised proposed withdrawal rate.

(c) Conceptual hydrologic model refinement shall include a refinement of the potential impact area estimated in accordance with Env-Wq 403.09.

(d) The refined conceptual hydrologic model and potential impact area delineation shall be presented with supporting documentation in the final report prepared in accordance with Env-Wq 403.20.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.15) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.18 Contamination Source and Water Resource and Use Inventory Updates and Revisions {#sec-env-wq-403.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.18}

(a) The applicant shall update the preliminary contamination source inventory completed in accordance with Env-Wq 403.10 if the inventory is more than 90 days old.

(b) The applicant shall update the preliminary water resource and use inventory completed in accordance with Env-Wq 403.11 if the inventory is more than 90 days old.

(c) The applicant shall revise the preliminary contamination source inventory and water resource and use inventory to reflect any expansion or decrease in the estimated limits of the cone of depression and potential impact area after the conceptual hydrologic model is refined in accordance with Env-Wq 403.17.

(d) The applicant shall present the updated and revised inventories in the final report prepared in accordance with Env-Wq 403.20.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.16) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.19 Impact Description {#sec-env-wq-403.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.19}

(a) The anticipated impacts from the withdrawal shall be described in the final report prepared in accordance with Env-Wq 403.20.

(b) The description shall be completed by a qualified professional.

(c) Impacts shall be defined using the refined conceptual hydrologic model withdrawal conditions specified in Env-Wq 403.17 and the contamination source inventory prepared in accordance with Env-Wq 403.10 and the water use and resource inventory prepared in accordance with Env-Wq 403.11, as updated and revised in accordance with Env-Wq 403.18.

(d) The description shall be based on results from the withdrawal testing program and refined conceptual hydrologic model.

(e) Impacts shall be quantified to the extent necessary to determine whether adverse impacts might occur, and, if adverse impacts might occur, to:

(1) Develop a monitoring and reporting program to accompany the operation of the proposed withdrawal to provide data that assesses whether adverse impacts are occurring or will occur;

(2) Develop mitigation measures as required by Env-Wq 403.31 for adverse impacts that might occur; or

(3) Determine a revised permitted production volume for the withdrawal, if necessary to ensure that adverse impacts as specified by Env-Wq 403.24 do not occur.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.17) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.20 Final Report {#sec-env-wq-403.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.20}

(a) After withdrawal testing pursuant to Env-Wq 403.16 is completed, the applicant shall submit a final report to the department that includes the following:

(1) All information and materials required in Env-Wq 403.06 through Env-Wq 403.19, including any updates necessary to reflect changes occurring after submission of the application;

(2) Where operating information is necessary to ensure adverse impacts do not occur, the impact monitoring and reporting program prepared in accordance with Env-Wq 403.26; and

(3) When adverse impacts are anticipated, an impact mitigation program prepared in accordance with Env-Wq 403.26.

(b) The final report submitted in accordance with this section shall be stamped and signed by a person possessing one of the following licenses:

(1) Professional geologists license issued in accordance with RSA 310-A:130; or

(2) Professional engineers license issued in accordance with RSA 310-A:18.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.18) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.21 Final Decisions on Large Groundwater Withdrawal Permit Applications {#sec-env-wq-403.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.21}

(a) Subject to (b), below, the department shall approve the application for a large groundwater withdrawal permit and issue the permit, or deny the application, within 45 days of the close of the written public comment period required pursuant to RSA 485-C:21.

(b) If the report is not complete or correct, the department shall request revisions to the final report unless the information submitted indicates that the criteria in (d)(2), below, cannot be met.

(c) A request sent pursuant to (b), above, shall:

(1) Identify what revisions are needed and the deadline for submitting a revised final report, established based on the type and volume of needed revisions; and

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

(d) The department shall issue a large groundwater withdrawal permit only if:

(1) The information provided in the application and final report is complete and correct;

(2) The information provided in the application and final report demonstrates that the withdrawal:

a. Will not produce adverse impacts; or

b. Will result in impacts that can and will be mitigated, provided:

1. There is sufficient information to verify that any adverse impacts that occur as a result of the withdrawal will not be:

(i) An adverse impact that may occur immediately; or

(ii) An irreversible impact; and

2. A monitoring and reporting program is implemented in accordance with Env-Wq 403.26;

(3) All public notifications required by RSA 485-C:21 have been completed; and

(4) The water conservation plan submitted by the applicant in accordance with Env-Wq 2101 has been approved.

(e) The department shall not issue a new large groundwater withdrawal permit if the department determines, after a thorough review of the application, final report, and all public comments received, that the proposed withdrawal will result in adverse impacts which cannot or will not be mitigated.

(f) Appeals of the department’s decision to issue or deny a large groundwater withdrawal permit shall be as specified in RSA 485-C:21, VI.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.19) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.22 Withdrawal Permit {#sec-env-wq-403.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.22}

Each permit issued by the department for a large groundwater withdrawal pursuant to Env-Wq 403.21 shall specify the following information:

(a) The name, mailing address, and daytime telephone number of the permittee;

(b) The permit expiration date, which shall be as specified in Env-Wq 403.34;

(c) The permit number;

(d) The maximum permissible water withdrawal volume, for the purpose of mitigating impacts from the withdrawal;

(e) The stated purpose of the withdrawal provided pursuant to Env-Wq 403.08;

(f) Requirements, including a schedule, for monitoring and reporting production from the withdrawal or wells; and

(g) Other conditions, as needed, to ensure that the requirements and intent of this part are met.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.20) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.23 Permittee Obligations {#sec-env-wq-403.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.23}

Upon receipt of a permit issued pursuant to Env-Wq 403.21, the permittee shall:

(a) Maintain current information at the department relative to the permittee’s address and contact information;

(b) Implement the impact monitoring and reporting program in accordance with Env-Wq 403.26;

(c) When a verified adverse impact occurs as a result of the withdrawal, design and implement mitigation measures in accordance with Env-Wq 403.31;

(d) Report to the department as specified in Env-Wq 403.25 whenever an unmitigated adverse impact has occurred or is occurring; and

(e) Comply with all conditions of the permit.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.21) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.24 Adverse Impact Criteria {#sec-env-wq-403.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.24}

(a) For all large groundwater withdrawals, adverse impacts shall be as described in RSA 485-C:21, V‑c.

(b) For all large groundwater withdrawals, adverse impacts shall not include impacts due to:

(1) Poor operation or maintenance;

(2) Infrastructure failure; or

(3) Alteration of the environment beyond the control of the permittee.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.22) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.25 Adverse Impact Reporting and Response {#sec-env-wq-403.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.25}

(a) The permittee shall report to the department within 5 calendar days after discovering an unmitigated adverse impact that is occurring or has occurred.

(b) The department shall notify the permittee within 5 calendar days of the time when the department observes, or another entity reports, an unmitigated adverse or unanticipated impact.

(c) At the written request of any entity, the department shall review any reports of adverse impacts including hydrologic data supporting the occurrence or potential occurrence of an adverse impact, and determine whether a claim of adverse impact is valid.

(d) Within 21 calendar days of the date a report meeting the criteria specified in (c), above, is received, the department shall notify the permittee and the entity reporting an adverse impact whether an unanticipated or adverse impact has occurred.

(e) Where the status of an unanticipated impact is not clear, the applicant shall gather information needed to quantify the impact and determine its status relative to the adverse impact criteria specified in Env-Wq 403.21, and provide this information to the department.

(f) The permittee shall mitigate a verified adverse impact in accordance with Env-Wq 403.31.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.23) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.26 Impact Monitoring and Reporting Program {#sec-env-wq-403.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.26}

(a) A permittee shall conduct an impact monitoring and reporting program when:

(1) Available information, including work completed in accordance with these rules, is not sufficient to verify that adverse impacts from the large withdrawal will not occur, provided the available information does not suggest that an impact:

a. Is irreversible; or

b. Will occur immediately; and

(2) Such a program is necessary to ensure that impact mitigation identified in Env-Wq 403.31 is effective in preventing adverse impacts from the withdrawal.

(b) The monitoring and reporting program shall monitor representative sites where the data collected can be used to ensure adverse impacts do not occur to water resources or users identified pursuant to Env-Wq 403.11 and Env-Wq 403.18.

(c) The monitoring and reporting program shall include wetlands monitoring in accordance with Env-Wq 403.27, groundwater monitoring in accordance with Env-Wq 403.28, surface water monitoring in accordance with Env-Wq 403.29, or water level monitoring in accordance with Env-Wq 403.30, or any combination thereof as needed based on the criteria in (a), above.

(d) The proposed impact monitoring and reporting program shall:

(1) Be presented in the final report; and

(2) Include a proposed implementation schedule in relation to the issuance date of the withdrawal permit or initiation of the withdrawal.

(e) Monitoring shall be adjusted during the permit period in accordance with permit modification procedures and criteria specified in Env-Wq 403.33.

(f) Monitoring results shall be presented in a tabular and graphic format and interpreted by a qualified professional.

(g) The impact monitoring and reporting program shall be a condition of the withdrawal permit.

(h) Monitoring results shall be reported as specified by permit conditions.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.24) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.27 Wetlands Monitoring {#sec-env-wq-403.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.27}

(a) Any wetlands monitoring required pursuant to Env-Wq 403.26(c) shall be conducted in accordance with (b) through (e), below.

(b) An initial survey shall be conducted by an individual who by education and experience is able to qualitatively and quantitatively assess wetland ecosystems and who is a certified wetland scientist pursuant to RSA 310-A:75-96.

(c) The initial survey of wetlands shall be performed during the growing season and include the following:

(1) An inventory and map of wetland flora species;

(2) An inventory and map of soil types;

(3) A general description of the stratigraphy of geologic deposits;

(4) A general description of soil moisture, its source, and mechanisms of change;

(5) A general description of indicators of wetland hydrology, including but not limited to drainage patterns, watermarks, and visual observation of saturated soils or inundation; and

(6) A general description of the function of the wetland as part of the natural ecosystem, including:

a. Removal of sediment from runoff;

b. Improvement or stabilization of water quality;

c. Reduction in peak flow; and

d. Maintenance of wildlife habitat.

(d) Monitoring of the characteristics of the wetlands identified in the initial survey shall be performed during the growing season.

(e) When wetlands monitoring includes water level monitoring, the monitoring point locations and reference point elevations shall be established in accordance with Env-Wq 403.30.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.25) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.28 Groundwater Monitoring {#sec-env-wq-403.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.28}

(a) Any groundwater monitoring required pursuant to Env-Wq 403.26(c) shall be conducted in accordance with (b) through (f), below.

(b) Water levels at the wellhead and at such other observation points as were identified pursuant to Env-Wq 403.26 shall be monitored at a frequency sufficient to complete an evaluation of potential impacts associated with the withdrawal.

(c) Volumes withdrawn from the permitted withdrawal shall be monitored at a frequency appropriate to assess the potential impacts associated with a withdrawal.

(d) The operating parameters of other water uses that might be contributing to impacts to water resources within the potential impact area shall be monitored, including:

(1) Water levels at wellheads;

(2) Operating schedules; and

(3) Withdrawal amount.

(e) Water quality of other water uses that might be influenced by the withdrawal shall be monitored at a frequency appropriate to assess the potential for impacts to occur as a result of the withdrawal.

(f) When groundwater monitoring includes water level monitoring, the monitoring point locations and reference point elevations shall be established in accordance with Env-Wq 403.30.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.26) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.29 Surface Water Monitoring {#sec-env-wq-403.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.29}

(a) Any surface water monitoring required pursuant to Env-Wq 403.26(c) shall be conducted in accordance with (b) through (d), below.

(b) The monitoring shall include an initial survey that incorporates the following:

(1) An initial inventory and mapping of aquatic flora and fauna species and habitat;

(2) Identification of the factors that control the elevation of water levels; and

(3) A general description of anticipated seasonal fluctuations in temperature profiles and nutrient balances.

(c) Long-term monitoring of surface waters shall include:

(1) Monitoring of water levels in lakes or ponds at a frequency that is adequate to assess the potential occurrence of impacts to these water bodies as a result of the withdrawal;

(2) Measurement of changes in stream flow along a representative section of each water course, or stream reach, that might be influenced by the withdrawal, at a frequency that is adequate to assess the potential occurrence of impacts to the water resource as a result of the withdrawal, using methods that are accurate and technically defensible; and

(3) Monitoring of instream or other submerged habitat to identify the health of aquatic ecosystems.

(d) When surface water monitoring includes water level monitoring, the monitoring point locations and reference point elevations shall be established in accordance with Env-Wq 403.30.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.27) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.30 Water Level Monitoring {#sec-env-wq-403.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.30}

(a) Any water level monitoring required pursuant to Env-Wq 403.26(c) shall be completed in accordance with (b) through (i), below.

(b) For monitoring wells or test wells installed as part of the well site or permit monitoring program, the location and reference elevation for each well shall be established as follows:

(1) The coordinate system for the horizontal location shall be referenced to the North American Datum of 1983 (NAD83) with an accuracy of no less than 0.1 foot;

(2) The vertical reference point elevation shall be referenced to the North American Vertical Datum of 1988 (NAVD88) with an accuracy of no less than 0.1 foot; and

(3) The location and elevation assigned pursuant to (1) and (2), above, shall be established by land survey conducted by a land surveyor licensed in accordance with RSA 310-A:51-74.

(c) For groundwater withdrawals at private or other water supply wells, the location and reference elevation for each well shall be established as follows:

(1) The horizontal location shall be established using global positioning system (GPS) technology referenced to NAD83 and reported in units of degrees and decimal minutes of latitude and longitude with at least 3 decimal places of precision, or an alternative map or method that provides a higher degree of accuracy; and

(2) The vertical reference point elevation shall be established by estimation from a 1:24,000-scale USGS topographic map or an alternative map or method that provides a higher degree of accuracy.

(d) For piezometers or staff gages installed as part of the well site or permit monitoring program, the location and reference elevation shall be established as follows:

(1) The horizontal location shall be established using global positioning system (GPS) technology referenced to NAD83 and reported in units of degrees and decimal minutes of latitude and longitude with at least 3 decimal places of precision, or an alternative map or method that provides a higher degree of accuracy; and

(2) The vertical reference point elevation shall be established by:

a. Reference to a surveyed vertical reference point when one is available at the well site or monitoring well network;

b. Estimation from a 1:24,000-scale USGS topographic map, if no surveyed elevation is available; or

c. An alternative map or method that provides a higher degree of accuracy.

(e) The horizontal coordinates and reference point elevations established in accordance with (b) through (d), above, shall be provided in a table that specifies the coordinate system used and the associated units of measure.

(f) The table created pursuant to (e), above, shall be provided to the department:

(1) In the final report required by Env-Wq 403.20; or

(2) Prior to initiation of the withdrawal when installation of an observation point is a condition of the permit issued in accordance with Env-Wq 403.22.

(g) The vertical reference point for piezometers and staff gages established in accordance with (d), above, shall be checked annually against a surveyed reference point or other permanent reference mark, when available, and corrected to ensure that the reference point elevation has not changed over time.

(h) Water level measurements collected from all monitoring points shall be recorded in feet or meters relative to the reference point elevation established in (b) through (d), above.

(i) Recording of water levels in water supply wells that are included in the monitoring program shall be conducted in accordance with Env-Wq 403.16(d).

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.28) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.31 Impact Mitigation {#sec-env-wq-403.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.31}

(a) The permittee shall immediately implement an impact mitigation program for withdrawals when:

(1) A withdrawal permit requires mitigation from the start of operation to prevent adverse impacts anticipated during the permit application process;

(2) An impact monitoring and reporting program conducted in accordance with Env-Wq 403.26 reveals the potential occurrence of an adverse impact; or

(3) The department determines that a report of unanticipated or adverse impact is valid as defined by Env-Wq 403.24 and reported in accordance with Env-Wq 403.25.

(b) Once an adverse impact is verified in accordance with Env-Wq 403.25, the permittee shall:

(1) Submit a description of the impact based on observations to the department within 14 calendar days of adverse impact notification under Env-Wq 403.25;

(2) Submit an impact mitigation program description in accordance with (c), below, for department approval within 60 calendar days of adverse impact notification under Env-Wq 403.25; and

(3) Where the impact mitigation program is a condition of the permit and meets adverse impact thresholds identified in the permit, immediately begin the impact mitigation program designed for permit approval pursuant to Env-Wq 403.26.

(c) A mitigation program shall include one or more of the following measures, as necessary to mitigate adverse impacts:

(1) Implementation of additional water conservation measures;

(2) Reduction in withdrawal volumes, including cessation of the withdrawal except where necessary for fire protection or residential drinking water;

(3) Replacement of sources for adversely impacted users in accordance with Env-Wq 403.32; and

(4) Other action(s) necessary to address the specific adverse impacts.

(d) The mitigation program also shall include:

(1) Periodic monitoring and reporting at a frequency necessary to substantiate the effectiveness of the mitigation activities; and

(2) A schedule for the implementation of the activities listed in (c), above.

(e) Adherence to a mitigation program, where required, shall be a condition of the permit or become a condition of the withdrawal permit in accordance with permit modification procedures under Env-Wq 403.33.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.29) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.32 Replacement of Sources Adversely Impacted by Withdrawal {#sec-env-wq-403.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.32}

(a) Where a water supply source is adversely impacted as identified in Env-Wq 403.25, the permittee shall develop a program for providing an alternative water supply to each user of the source in accordance with (b) through (i), below.

(b) The permittee shall supply, to each user of the adversely-impacted source, a quantity of water equivalent to that which was available prior to the withdrawal.

(c) The user of the adversely-impacted source shall not be charged for any of the initial capital costs of being provided with an alternative water supply, including but not limited to the following:

(1) Water source development, including:

a. Hydrogeologic investigation, including test well drilling as appropriate; and

b. Source construction;

(2) Water treatment equipment;

(3) Control building;

(4) Water storage facility;

(5) Water distribution system;

(6) Customer connection to the system;

(7) All costs associated with engineering in developing the water system, including but not limited to:

a. Design engineering; and

b. Field engineering including the verification of quality workmanship;

(8) All legal costs associated with the establishment of the water system; and

(9) All other costs relating to developing a new water supply not otherwise categorized and identified above.

(d) The source replacement program shall:

(1) Identify other withdrawals in the recharge area for the adversely impacted source;

(2) Define the performance standards at which alternative supply will be provided to the user, including the following:

a. Location and type of source;

b. Method of delivery;

c. Minimum and maximum volumes and rates of delivery;

d. Water chemistry; and

e. Any water quality treatment or testing practices;

(3) Provide a schedule by which alternative supply will be provided;

(4) Estimate the initial capital costs associated with establishing the alternative supply; and

(5) Estimate the costs to the user of the alternative supply after it is established by the permittee, including the per-unit cost and projected annual costs.

(e) The need for installation of drinking water treatment equipment associated with the source replacement plan performance standard required by (d)(2), above, shall be based on results of water quality sampling prior to and following source replacement activities for the following parameters:

(1) Regulated inorganic chemical contaminants listed in Env-Dw 704;

(2) Regulated volatile organic chemical contaminants listed in Env-Dw 705;

(3) Regulated contaminants with secondary maximum contaminant levels listed in Env-Dw 706;

(4) Uranium;

(5) Radon; and

(6) Other compounds based on the assessment of potential contaminant sources in the vicinity of the withdrawal.

(f) Subject to (g), below, water quality treatment equipment shall be provided for the following situations, as applicable:

(1) A contaminant is detected in the post-source replacement water quality sample at a concentration in excess of a maximum contaminant level established in Env-Dw 702 through Env-Dw 705, in which case the water quality treatment equipment shall be designed to reduce the contaminant’s concentration to below the maximum contaminant level;

(2) A contaminant is detected in the post-source replacement water quality sample at a concentration in excess of a secondary maximum contaminant level established in Env-Dw 706, in which case the water quality treatment equipment shall be designed to reduce the contaminant’s concentration to no more than the concentration observed in the pre-source replacement water quality sample; or

(3) Radon is detected in the post-source replacement water quality sample at a concentration above 2,000 picocuries per liter when the radon concentration in the pre-source replacement water quality sample was less than 2,000 picocuries per liter, in which case the water quality treatment equipment shall be designed to reduce the contaminant’s concentration to less than 2,000 picocuries per liter.

(g) Water quality treatment equipment shall not be required if the adversely affected water source is used solely for irrigation for landscaping.

(h) The permittee shall not be responsible for implementing source replacement, including water treatment, for a particular water user if that water user does not authorize the implementation of the source replacement program.

(i) A list of the water treatment equipment alternatives that are proposed to meet the requirements of (f), above, shall be provided to the department prior to installation. The equipment that has the lowest operation and maintenance cost over a 10-year period shall be selected unless the owner of the adversely-impacted source and the permittee mutually agree to an alternative technology.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.30) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.33 Permit Modifications {#sec-env-wq-403.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.33}

(a) The procedures specified in (c) through (h), below, shall apply to any of the following potential permit modifications:

(1) An increase in production monitoring;

(2) An increase in monitoring and reporting of ground water or surface water levels;

(3) A reduction in permitted withdrawal volumes;

(4) The implementation of an impact mitigation program;

(5) A change in the name or ownership of the permittee; or

(6) Any other change that has no potential to create adverse impacts.

(b) The permit modification procedures specified in (c) through (h), below, shall not apply to any requested permanent increase in the withdrawal rate or volume. A permittee seeking a permanent increase in the withdrawal rate or volume shall apply for a new large groundwater withdrawal permit pursuant to Env-Wq 403.05.

(c) A permittee seeking a modification as specified in (a), above, to a large groundwater withdrawal permit shall submit a written request to the department to modify the permit.

(d) The request submitted pursuant to (c), above, shall explain in detail the following:

(1) The specific modification requested;

(2) The reason(s) for the requested modification; and

(3) How the permit as modified complies with the criteria for issuance of a permit specified in Env-Wq 403.21.

(e) The department shall modify a permit in response to a request from the permittee only if it determines that the modified permit complies with the criteria for issuance of a permit specified in Env-Wq 403.21.

(f) A permit modification request that proposes a change in purpose or use of the withdrawal shall require the submittal of an application for a new permit in accordance with Env-Wq 403.05.

(g) If the department determines that a permit modification is needed to eliminate or prevent adverse impacts, the department shall initiate a proceeding in accordance with RSA 541-A:30, II, RSA 541-A:31, and the provisions of Env-C 200 relative to adjudicative proceedings.

(h) The written notice provided to the permittee pursuant to RSA 541-A:31 shall:

(1) Identify the facility by name, location, and permit number;

(2) Explain the modification(s) the department proposes to take and the reasons for the proposed modification(s);

(3) Identify the department’s authority for taking such action; and

(4) Identify, by name, title, mailing address, and telephone number, the department representative who may be contacted regarding the notice.

(i) As specified in RSA 485-C:21, V-d, the grounds for permit modification shall include that changes are needed to accommodate drought conditions or new withdrawals.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.31) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.34 Expiration and Renewal of Large Groundwater Withdrawal Permits {#sec-env-wq-403.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.34}

(a) A large groundwater withdrawal permit shall expire 5 years after the date of issuance if the withdrawal is not activated within that time, unless a shorter time is specified in other applicable rules.

(b) If a permitted withdrawal is activated within 5 years of the date of issuance of the large groundwater withdrawal permit, the large groundwater withdrawal permit shall be valid for 10 years from the date of issuance.

(c) Any permittee wishing to renew a large groundwater withdrawal permit shall submit an application for a permit renewal prior to its expiration date, but not more than 6 months prior to its expiration date.

(d) If no change to the approved withdrawal volume is proposed at the time of permit renewal, the renewal application shall include:

(1) The name, mailing address, and daytime phone number of the permittee;

(2) The permittee’s written certification that no change to the previously-approved withdrawal volume is being sought;

(3) An updated inventory of contaminant sources within an area that extends a distance of 1,000 feet outside of the estimated limit of the cone of depression of the withdrawal;

(4) An updated water user and resource inventory within an area that extends a distance of 1,000 feet outside of the estimated limit of the cone of depression of the withdrawal;

(5) An updated tax map identifying any new lots within the estimated cone of depression of the withdrawal that have been formed since original issuance of the permit, and a description of the water source(s) for the new lots; and

(6) Where monitoring has been performed as part of the permit:

a. A written summary of observations of impacts and any modifications to the impact monitoring program since issuance of the permit; and

b. A written summary of the volume of groundwater produced by the withdrawal since issuance of the permit, together with a description of factors that control production.

(e) The renewal application may reference information already contained in the department files if the information has not changed since the last application package submitted and meets the current criteria outlined in these rules.

(f) The permit renewal provisions of this section shall not apply if an increase to the approved withdrawal volume is proposed. A permittee seeking an increase in the withdrawal rate or volume shall apply for a new permit in accordance with Env-Wq 403.05.

(g) Any permit that has been renewed shall be subject to the suspension and revocation provisions specified in Env-Wq 403.35.

(h) A permit shall be renewed for a period of no more than 10 years, provided, however, that there shall be no limit on the number of renewals that a permittee may request.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.32) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.35 Suspension or Revocation of Large Groundwater Withdrawal Permits {#sec-env-wq-403.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.35}

(a) The department shall initiate an adjudicative proceeding to suspend or revoke a large groundwater withdrawal permit when:

(1) The withdrawal is resulting in adverse impacts which cannot or will not be mitigated;

(2) The department receives information indicating that the information upon which the permit was based was not true and complete or was misleading; or

(3) The permittee does not comply with the conditions of the permit issued pursuant to Env-Wq 403.22.

(b) Subject to (d), below, to commence a proceeding the department shall proceed in accordance with RSA 541-A:31 and the provisions of Env-C 200 applicable to adjudicative proceedings.

(c) As a result of a proceeding initiated pursuant to (b), above, the department shall suspend the permit if it is verified that that one or more of the criteria listed in (a), above, has been met, and:

(1) The permittee was not acting in bad faith; and

(2) The reason(s) for the criteria being met can be corrected so that no criteria are met.

(d) If the department determines that public health, safety or welfare requires emergency action, the department shall proceed in accordance with RSA 541-A:30, III.

(e) As a result of the proceeding initiated pursuant to (d), above, the department shall continue the suspension of the permit if it is verified that one or more of the criteria listed in (a), above, has been met, and:

(1) The permittee was not acting in bad faith; and

(2) The reason(s) for the criteria being met can be corrected so that no criteria are met.

(f) The department shall reinstate a suspended permit after it determines, based on information received from the permittee, that the criteria listed in (a), above, are no longer present.

(g) As a result of the proceeding initiated pursuant to (b) or (d), above, the department shall revoke the permit if it is verified that one or more of the criteria listed in (a), above, has been met and:

(1) The permittee was acting in bad faith; or

(2) The reason(s) for the criteria being met cannot be corrected.

(h) For purposes of (c)(1), (e)(1), and (g)(1), above, the permittee shall be found to have acted in bad faith, if:

(1) For (a)(1), above, the permittee knows or has reason to know that the withdrawal is resulting in adverse impacts and fails or refuses to mitigate the impacts;

(2) For (a)(2), above, the permittee knew or should have known that the information upon which the permit was based was not true and complete or was misleading; or

(3) For (a)(3), above, the permittee knew or should have known that the activities being conducted did not comply with one or more conditions of the permit.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.33) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.36 Replacing an Existing Large Groundwater Withdrawal {#sec-env-wq-403.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.36}

(a) As specified in RSA 485-C:22, I, large groundwater withdrawals from new wells that replace a well or wells installed prior to August 1, 1998 shall not be subject to the requirements of RSA 485-C:14-a and RSA 485-C:21, but rather shall require approval of the department under RSA 485-C:22, III-IV.

(b) As specified in RSA 485-C:22, II, no person shall withdraw 57,600 gallons or more of groundwater from a replacement well or wells over any 24-hour period without the prior approval of the department.

(c) As specified in RSA 485-C:22, III, before the department issues an approval for a large groundwater withdrawal from a replacement well or wells, the person seeking the replacement well(s) shall submit an application to the department to demonstrate that withdrawal from the replacement well or wells will operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced.

(d) As specified in RSA 485-C:22, IV, an application for approval of a replacement well shall contain the following information:

(1) The name and mailing address of the well owner replacing the well or wells;

(2) The address and a map identifying the location of each well being replaced and the location of each replacement well;

(3) The construction details for each well being replaced and for each new replacement well, including:

a. The depth of each well;

b. The length and diameter of well casing and screen in each well; and

c. A description of overburden and bedrock lithology for each well being replaced and each new well; and

(4) Hydrogeologic information demonstrating that the effects of the replacement well or wells on water users and water resources identified by RSA 485-C:21, V-c will be substantially the same as the well that is being replaced.

(e) The hydrogeologic information required by (d)(4), above, shall include:

(1) All available historical data on the hydraulic influence of the existing well on water users and water resources within an area estimated to correspond to the zone of influence of the withdrawal being replaced, including but not limited to water levels and flows in surface waters and water levels in aquifers;

(2) Current data showing existing conditions for water users and in water resources within an area estimated to correspond to the zone of influence of the withdrawal being replaced, including but not limited to water levels and flows in surface waters and water levels in aquifers; and

(3) Any additional data or other information that a prudent qualified professional would use, if available, in determining the effects of the existing and replacement wells on water users and water resources.

(f) The application for approval also shall contain the following information:

(1) An explanation of why the withdrawal is being replaced and a description of its production history and use;

(2) A USGS topographic map at a scale of 1:24,000 showing the location of each proposed replacement well and each well being replaced, which may be used in lieu of the map required by (d)(2), above;

(3) A site plan at a scale of 1 inch equals 500 feet showing the location of:

a. Each replacement well;

b. Each well being replaced; and

c. All other observation points used in support of the demonstration of replacement well effects required by RSA 485-C:22;

(4) An explanation of how the hydrogeologic information submitted pursuant to (d)(4), above, shows that the effects of the withdrawal from the replacement well(s) on water users and resources will be substantially the same as the effects of the withdrawal from the existing well(s); and

(5) A plan to decommission or maintain each well being replaced in accordance with We 600.

(g) For any replacement well used as a water supply source for a community water system, the applicant shall meet all of the requirements of Env-Dw 302.35 in addition to (b), above.

(h) The department shall approve the replacement well provided the information submitted by the applicant demonstrates that the withdrawal from the replacement well or wells will operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced.

(i) The replacement well shall be approved for the permitted withdrawal volume or established capacity of the well being replaced.

(j) The department shall include such conditions in the replacement well approval as are necessary to ensure compliance with applicable requirements of RSA 485-C and these rules.

(k) For purposes of this section, the replacement well or wells shall be deemed to operate and impact water users and resources in substantially the same manner as the well or wells that are being replaced if any differences in the hydraulic influence of the replacement well(s) and the existing well(s) are de minimis or improvements.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.34) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.37 Waivers {#sec-env-wq-403.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.37}

(a) Any applicant or permit holder who seeks a waiver of any requirement established by a rule in this part shall request the waiver in accordance with (b), below.

(b) To request a waiver, the person seeking the waiver shall submit the following information in writing to the department:

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

(2) Identification of the site to which the waiver request relates by applicant name and municipality and, if a permit has already been issued, the permit number;

(3) Identification of the specific rule for which the waiver is being sought;

(4) A full explanation of why a waiver is necessary, including the operational and economic consequences if the waiver is not granted;

(5) A full explanation of the alternative(s) that will be implemented in lieu of the stated rule requirement, if any, with a full explanation of how the alternative(s) will be as protective of public health and the environment, including groundwater quality and quantity, as adhering to the rule;

(6) Whether the waiver is needed for a limited time and, if so, what that time period is; and

(7) A full explanation of how the benefits of granting a waiver are consistent with the intent of RSA 485:3 and RSA 485-C and outweigh the risks or detriments of granting a waiver.

(c) The department shall grant a waiver if it finds that:

(1) The alternative(s) proposed, if any, will be as protective of public health and the environment, including groundwater quality and quantity, as adhering to the rule; and

(2) The benefits of granting a waiver are consistent with the intent of RSA 485:3 and RSA 485-C and outweigh the risks or detriments of granting a waiver.

(d) In granting a waiver, the department shall impose such conditions, including time limitations, as the department deems necessary to ensure that the criteria specified in (c), above, will be met.

(e) No waiver shall be granted if the effect of the waiver would be to waive or modify a statutory requirement, unless the statute expressly provides that the requirement may be waived or modified.

(f) If a waiver is granted, the waiver shall be made part of the permit.

(g) The department shall issue a written decision on a request for a waiver within the response timeframes established in Env-Wq 403.14 if the request is associated with a preliminary application or Env-Wq 403.21 if the request is associated with a final report. If the waiver is denied, the denial shall specifically set forth the reason(s) for the denial.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.35) (See Revision Note #2 at part heading for Env-Wq 403)

N.H. Code Admin. R. Ann. Env-Wq 403.38 Extensions of Time {#sec-env-wq-403.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 403.38}

(a) To request an extension of a deadline established pursuant to Env-Wq 403.14(b)(2) or (i)(3) or Env-Wq 403.21(c)(2), the applicant shall submit the following information in writing to the department:

(1) Identification of the application to which the extension request relates by applicant name and municipality;

(2) The length of the extension being requested; and

(3) A full explanation of why an extension is necessary.

(b) The department shall extend the deadline if:

(1) The applicant demonstrates that good cause to extend the deadline exists; and

(2) A complete request for deadline extension was submitted prior to the established deadline.

(c) Good cause to extend a deadline shall be deemed to exist if:

(1) In order to submit the missing component(s), the applicant requires information from a third party not under the applicant’s control, and the applicant has not received the information despite making diligent efforts to obtain it; or

(2) The applicant has otherwise been prevented by circumstances beyond the applicant’s control from obtaining or preparing the missing component(s).

(d) The inability to obtain requisite information from a third party based on the applicant’s failure to pay the third party for services rendered shall not constitute good cause to extend a deadline.

(e) The department shall issue a written decision on a request for an extension within 10 working days of receiving a complete request. If the extension is denied, the denial shall specifically set forth the reason(s) for the denial.

(f) Denial of an extension shall not preclude an applicant from submitting a new application.

History

• (See Revision Note #1 at part heading for Env-Wq 403) #9569, eff 10-17-09; ss by #12493, eff 3-21-18 (formerly Env-Wq 403.36) (See Revision Note #2 at part heading for Env-Wq 403)

Part Env-Wq 404 Underground Injection Control Requirements

N.H. Code Admin. R. Ann. Env-Wq 404.01 Purpose {#sec-env-wq-404.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 404.01}

The purpose of these rules is to establish standards, criteria, and procedures for underground injection to wells to prevent pollution and protect groundwater as specified in 40 CFR 144, 145, and 146.

History

• (See Revision Note at part heading for Env-Wq 404) #9842, eff 12-23-10; ss by #12728, eff 3-1-19

N.H. Code Admin. R. Ann. Env-Wq 404.02 Definitions {#sec-env-wq-404.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 404.02}

As used in this part, the following definitions shall apply:

(a) “Underground injection” means the subsurface emplacement of fluids through a well.

(b) “Well” means any of the following:

(1) A bored, drilled, or driven shaft whose depth is greater than the largest surface dimension;

(2) A dug hole whose depth is greater than the largest surface dimension;

(3) An improved sinkhole; or

(4) A subsurface fluid distribution system as defined in 40 CFR 144.3.

History

• (See Revision Note at part heading for Env-Wq 404) #9842, eff 12-23-10; ss by #12728, eff 3-1-19

N.H. Code Admin. R. Ann. Env-Wq 404.03 Federal Definitions {#sec-env-wq-404.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 404.03}

For any terms used in the federal regulations incorporated by Env-Wq 404.04, the associated federal definitions shall apply.

History

• (See Revision Note at part heading for Env-Wq 404) #9842, eff 12-23-10; ss by #12728, eff 3-1-19

N.H. Code Admin. R. Ann. Env-Wq 404.04 Underground Injection Control Requirements {#sec-env-wq-404.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 404.04}

The owner or operator of a facility where underground injection to a well or wells occurs shall comply with 40 CFR 144, 145, and 146, July 1, 2018 edition.

Appendix A

Rule Section(s)

State Statute(s) Implemented

Federal Regulations Implemented

Env-Wq 401 (also see specific section listed below)

RSA 485-C:1; RSA 485-C:11

Env-Wq 401.11

RSA 541-A:22, IV

Env-Wq 402 (also see specific section listed below)

RSA 485-C:1; RSA 485-C:4, VII;

RSA 485-C:11

Env-Wq 402.01 - 402.04

RSA 485-C:6

40 CFR 144, 145, & 146

Env-Wq 402.05 – 402.06

RSA 485-C:6

40 CFR 144, 145, & 146

Env-Wq 402.07 - 402.16

RSA 485-A:13, I(a)

40 CFR 144, 145, & 146

Env-Wq 402.17

RSA 485-A:13-a

Env-Wq 402.18 - 402.43

RSA 485-A:13, I(a)

40 CFR 144, 145, & 146

Env-Wq 402.44

RSA 541-A:22, IV

Env-Wq 403

(see also specific sections below)

RSA 485:3, XIII; RSA 485-C:21;

RSA 485-C:22

Env-Wq 403.37

RSA 541-A:22, IV

Env-Wq 403.38

RSA 541-A:16, I(b)

Env-Wq 404

RSA 485:3, X

40 CFR 144, 145, & 146

Appendix B: Incorporated References

Rule (Env-Wq)

Reference

Obtain At:

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

1-877-909-2786 (USA & Canada)

http://www.astm.org/

402.15(d)(1)a.

Standard Practice for Classification of Soils for Engineering Purposes, Unified Soil Classification System, ASTM D2487-11, 2011

PDF $50

402.15(d)(1)b.

Standard Practice for Description and Identification of Soils Visual-Manual Procedure, ASTM D2488-09a, 2009

PDF $50

402.15(d)(3)

Standard Test Method for Standard Penetration Test (SPT) and Split-Barrel Sampling of Soils, ASTM D1586-11, 2011

PDF $44

402.22(a)(1)

Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, ASTM E1527-13, 2013

PDF $71

402.22(a)(2)

Standards Related to Environmental Sampling” Fifth Edition, ASTM SAMP14, 2014

PDF $199

402.22(a)(3)

Standard Guide for Decommissioning of Groundwater Wells, Vadose Zone Monitoring Devices, Boreholes, and Other Devices for Environmental Activities, ASTM D5299-99(2012)e1, 2012

PDF $50

Environmental Protection Agency

1200 Pennsylvania Avenue, N.W.

Washington, DC 20460

(202) 272-0167

402.21(c)(1)

“Practical Guide for Ground-Water Sampling,” document identification number EPA/600/2-85/104, September 1985

No cost to download from:

http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=30000FRY.txt

402.21(c)(2)

“RCRA Ground-Water Monitoring: Draft Technical Guidance,” document identification number PB87107751, November 1992

No cost to download from:

http://www.epa.gov/epawaste/hazard/correctiveaction/resources/guidance/sitechar/gwmonitr/rcra_gw.pdf

402.15(n)(3)

“Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Society of Soil Scientists of Northern New England” Version No. 2, SSNNE Special Publication No. 3, 1999

USDA, Natural Resource Conservation Services

1400 Independence Ave., SW

Room 5105-A

Washington, DC 20250

Phone:202-720-7246Fax:202-720-7690

http://www.nrcs.usda.gov

No cost to download from: http://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/nrcs144p2_015566.pdf

Appendix C: Statutory Definitions

482-A:2

X. “Wetlands” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

485:1-a

I. “Community water system” means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

(c) Does not sell water to any person.

485-A:2

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

485-C:2

VIII. “Groundwater” means subsurface water that occurs beneath the water table in soils and geologic formations.

IX-a. “Large groundwater withdrawal” means any withdrawal from groundwater of 57,600 gallons or more of water in any 24-hour period at a single property or place of business except withdrawals associated with short-term use.

485-C:2

XI. “Person” means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.

XIII-a. “Replacement well” means a new well installed to replace or back-up an existing well that operates and impacts water users and water resources in substantially the same manner as the well that is being replaced.

XIII-b. “Short-term use” means the temporary, non-routine withdrawal of groundwater at a specific geographical location over a period of one year or less, and withdrawal of groundwater for contaminated site remediation where the duration of the withdrawal may exceed one year and corresponds with the objectives of the remediation.

XVII. “Well” means a hole or shaft sunk into the earth to observe, sample, or withdraw groundwater.

Appendix D: Federal Definitions

40 CFR 144.3

Fluid means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.

Injection well means a “well” into which “fluids” are being injected.

Well means: A bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; or, a dug hole whose depth is greater than the largest surface dimension; or, an improved sinkhole; or, a subsurface fluid distribution system.

Well injection means the subsurface emplacement of fluids through a well.

History

• (See Revision Note at part heading for Env-Wq 404) #9842, eff 12-23-10; ss by #12728, eff 3-1-19

Chapter Env-Wq 500 State Water Pollution Control Revolving Loan Fund

Part Env-Wq 501 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 501.01 Purpose {#sec-env-wq-501.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 501.01}

The purpose of this chapter is to implement RSA 486:14, I, and 40 CFR Part 35, Subparts I and K, by establishing:

(a) The procedures and criteria applicable to eligible entities that apply for financial assistance from the state water pollution control revolving fund (CWSRF) authorized by RSA 486:14, I;

(b) The requirements for completing projects for which financial assistance from the CWSRF is received; and

(c) The process for establishing repayment requirements for the financial assistance received.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 501.02 Applicability {#sec-env-wq-501.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 501.02}

The rules in this chapter shall apply to any eligible entity that applies for financial assistance from the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

Part Env-Wq 502 Definitions

N.H. Code Admin. R. Ann. Env-Wq 502.01 Administrative costs {#sec-env-wq-502.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.01}

“Administrative costs” means expenses associated with managing CWSRF projects. Such costs include but are not limited to costs for engineering and other consultants, environmental and technical reviews of proposed projects, participation in state overview inspections, and accounting and disbursement functions.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 502.02 Allonge {#sec-env-wq-502.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.02}

“Allonge” means an amendment to initial loan documents in which the final project cost and repayment terms are established.

History

• #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 502.03 Applicant {#sec-env-wq-502.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.03}

“Applicant” means the person who files a pre-application or an application, or both, for financial assistance from the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.02)

N.H. Code Admin. R. Ann. Env-Wq 502.04 Application {#sec-env-wq-502.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.04}

“Application” means the written document(s), with attachments, through which financial assistance is requested. The term includes the pre-application and the final application.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.03)

N.H. Code Admin. R. Ann. Env-Wq 502.05 Asset maintenance and renewal plan {#sec-env-wq-502.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.05}

“Asset maintenance and renewal plan” means a plan developed and implemented by the applicant to maintain and eventually replace infrastructure funded in whole or in part by the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15 ss by #13511, eff 12-20-22 (formerly Env-Wq 502.04)

N.H. Code Admin. R. Ann. Env-Wq 502.06 Asset management program {#sec-env-wq-502.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.06}

“Asset management program” means a systematic process of financing, inventorying, assessing, operating, maintaining, upgrading, and replacing infrastructure cost-effectively while maintaining a sustainable level of service.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.05)

N.H. Code Admin. R. Ann. Env-Wq 502.07 Authorized representative {#sec-env-wq-502.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.07}

“Authorized representative” means an individual authorized by the applicant to sign documents associated with applying for and receiving funds from the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.06)

N.H. Code Admin. R. Ann. Env-Wq 502.08 Capitalization grant {#sec-env-wq-502.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.08}

“Capitalization grant” means funds made available to the state by the federal government for use in the CWSRF program in accordance with:

(a) Title VI of the federal CWA, 33 U.S.C. §§1381-1387; or

(b) Any other federal initiative.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.07)

N.H. Code Admin. R. Ann. Env-Wq 502.09 Clean Water Act (CWA) {#sec-env-wq-502.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.09}

“Clean Water Act (CWA)” means the federal Clean Water Act, 33 U.S.C. Chapter 26, Water Pollution Prevention and Control, §§1251 - 1387.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.08)

N.H. Code Admin. R. Ann. Env-Wq 502.10 Collector sewer {#sec-env-wq-502.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.10}

“Collector sewer” means a lateral sewer installed primarily to collect wastewater directly from individual building sewers or private property.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.09)

N.H. Code Admin. R. Ann. Env-Wq 502.11 Combined sewer {#sec-env-wq-502.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.11}

“Combined sewer” means a sewer that serves as both a sanitary sewer and a storm sewer.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.10)

N.H. Code Admin. R. Ann. Env-Wq 502.12 Consulting engineer {#sec-env-wq-502.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.12}

“Consulting engineer” means the licensed professional engineer engaged by a recipient to provide engineering services.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.11)

N.H. Code Admin. R. Ann. Env-Wq 502.13 Department {#sec-env-wq-502.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.13}

“Department” means the department of environmental services.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.12)

N.H. Code Admin. R. Ann. Env-Wq 502.14 Disbursement {#sec-env-wq-502.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.14}

“Disbursement” means a transfer of funds from the CWSRF to a recipient.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.13)

N.H. Code Admin. R. Ann. Env-Wq 502.15 Eligible entity {#sec-env-wq-502.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.15}

“Eligible entity” means a governmental entity or a person other than a governmental entity that is authorized by 33 U.S.C. §§1381-1387 to apply for financial assistance from the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.14)

N.H. Code Admin. R. Ann. Env-Wq 502.16 Engineering services {#sec-env-wq-502.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.16}

“Engineering services” means consultations, investigations, reports, or other services for the design and construction of projects for which RSA 310-A requires a licensed professional engineer.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.15)

N.H. Code Admin. R. Ann. Env-Wq 502.17 Eligible costs {#sec-env-wq-502.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.17}

“Eligible costs” means project costs that are eligible for funding from the CWSRF as specified in Env-Wq 504.03.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.16)

N.H. Code Admin. R. Ann. Env-Wq 502.18 Environmental review {#sec-env-wq-502.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.18}

“Environmental review” means an analysis of the potential impact of a proposed project on the human and natural environment.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.17)

N.H. Code Admin. R. Ann. Env-Wq 502.19 Excusable delay {#sec-env-wq-502.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.19}

“Excusable delay” means a delay that is beyond the recipient’s control in beginning or completing the planning, design, or construction of a pollution abatement project such as, but not limited to, a delay caused by an act of nature or war.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.18)

N.H. Code Admin. R. Ann. Env-Wq 502.20 Final project cost {#sec-env-wq-502.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.20}

“Final project cost” means the dollar amount of eligible project expenditures plus any outstanding interest on the loan accrued during project planning, design, or construction.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.19)

N.H. Code Admin. R. Ann. Env-Wq 502.21 Financial assistance {#sec-env-wq-502.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.21}

“Financial assistance” means funds provided from the CWSRF to pay in whole or in part for an infrastructure project, whether as a loan, grant, or any other form of assistance.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.20)

N.H. Code Admin. R. Ann. Env-Wq 502.22 Financial assistance agreement {#sec-env-wq-502.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.22}

“Financial assistance agreement” means the contract between the state and a recipient that establishes the rights and obligations of the state and the recipient relative to financial assistance from the CWSRF. The term includes original loan agreements, supplemental loan agreements, initial loan documents, and allonges.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.21)

N.H. Code Admin. R. Ann. Env-Wq 502.23 Governing body {#sec-env-wq-502.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.23}

“Governing body” means the group of individuals that has the authority and responsibility to authorize the applicant to enter into contracts and expend funds.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.22)

N.H. Code Admin. R. Ann. Env-Wq 502.24 Governmental entity {#sec-env-wq-502.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.24}

“Governmental entity” means a city, town, district, association, county, or other public body created under state law, having jurisdiction over stormwater management or disposal of sewage, industrial waste, or other wastes.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.23)

N.H. Code Admin. R. Ann. Env-Wq 502.25 Green project {#sec-env-wq-502.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.25}

“Green project” means an infrastructure project that:

(a) Uses natural systems in place of or to supplement existing infrastructure to protect water resources; or

(b) Incorporates water or energy efficiency improvements or other environmentally-protective measures as defined by federal capitalization grants.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.24)

N.H. Code Admin. R. Ann. Env-Wq 502.26 Industrial waste {#sec-env-wq-502.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.26}

“Industrial waste” means “industrial waste” as defined in RSA 485-A:2, VI, as reprinted in Appendix B.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.25)

N.H. Code Admin. R. Ann. Env-Wq 502.27 Initial loan documents {#sec-env-wq-502.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.27}

“Initial loan documents” means the initial financial assistance agreement between the state and a non-governmental recipient through which the state agrees to provide funds from the CWSRF to the recipient and the recipient promises to use the funds as specified in its application and to repay the funds to the CWSRF.

History

• #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 502.28 Infiltration/Inflow (I/I) {#sec-env-wq-502.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.28}

“Infiltration/Inflow (I/I)” means water other than wastewater that enters a sewer system.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.26)

N.H. Code Admin. R. Ann. Env-Wq 502.29 Infrastructure {#sec-env-wq-502.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.29}

“Infrastructure” means all structures and all mechanical and electrical equipment that contain and/or convey wastewater from the point of generation to the point of discharge after treatment, and the land necessary for such structures and equipment, whether for wastewater treatment, nonpoint source pollution control, watershed management, or estuary management.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.27)

N.H. Code Admin. R. Ann. Env-Wq 502.30 Infrastructure project {#sec-env-wq-502.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.30}

“Infrastructure project” means a project intended to construct, expand, or rehabilitate infrastructure for wastewater collection/ treatment, nonpoint source pollution control, watershed management, or estuary management, including the requisite planning, land acquisition, design, and construction. The term includes a green project.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.28)

N.H. Code Admin. R. Ann. Env-Wq 502.31 Initiation of operation {#sec-env-wq-502.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.31}

“Initiation of operation” means the date on which the project that was funded in whole or in part using funds from the CWSRF is placed into use for the purposes for which it was planned, designed, and constructed.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.29)

N.H. Code Admin. R. Ann. Env-Wq 502.32 Intended use plan (IUP) {#sec-env-wq-502.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.32}

“Intended use plan (IUP)” means a document prepared by the department in accordance with 40 CFR §35.3150.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.30)

N.H. Code Admin. R. Ann. Env-Wq 502.33 Interceptor sewer {#sec-env-wq-502.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.33}

“Interceptor sewer” means a sewer designed to collect wastewater from collector sewers and transport it to a wastewater treatment plant.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.31)

N.H. Code Admin. R. Ann. Env-Wq 502.34 Loan recipient {#sec-env-wq-502.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.34}

“Loan recipient” means an applicant that receives a loan from the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.32)

N.H. Code Admin. R. Ann. Env-Wq 502.35 Nonpoint source (NPS) pollution {#sec-env-wq-502.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.35}

“Nonpoint source (NPS) pollution” means pollution caused by sources that are not regulated as point sources, such as pollution caused by runoff from agricultural, silvicultural, and urban areas.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.34)

N.H. Code Admin. R. Ann. Env-Wq 502.36 Other wastes {#sec-env-wq-502.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.36}

“Other wastes” means “other wastes” as defined in RSA 485-A:2, VIII, as reprinted in Appendix B.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.35)

N.H. Code Admin. R. Ann. Env-Wq 502.37 Original loan agreement {#sec-env-wq-502.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.37}

“Original loan agreement” means the initial contract between the state and a loan recipient through which the department agrees to provide funds from the CWSRF to the loan recipient and the loan recipient promises to repay the loan to the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.36)

N.H. Code Admin. R. Ann. Env-Wq 502.38 Person {#sec-env-wq-502.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.38}

“Person” means “person” as defined in RSA 485-A:2, IX, as reprinted in Appendix B.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.37)

N.H. Code Admin. R. Ann. Env-Wq 502.39 Planning {#sec-env-wq-502.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.39}

“Planning” means all necessary reports and studies to determine the cost effective alternatives and feasibility of a pollution abatement project.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.38)

N.H. Code Admin. R. Ann. Env-Wq 502.40 Pledge {#sec-env-wq-502.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.40}

“Pledge” means the act or process through which a recipient commits, obligates, and encumbers its real or personal property or its existing or anticipated revenues to the state as security and means for repayment of the financial assistance received by the recipient from the CWSRF.

History

• #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 502.41 Pollution abatement project {#sec-env-wq-502.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.41}

“Pollution abatement project” means a project, including the planning, design, or construction of any or all aspects of the project, necessary to prevent, minimize, or abate water pollution caused by point or nonpoint sources.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.39)

N.H. Code Admin. R. Ann. Env-Wq 502.42 Priority list {#sec-env-wq-502.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.42}

“Priority list” means a list of projects expected to receive assistance under the CWSRF program.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.40)

N.H. Code Admin. R. Ann. Env-Wq 502.43 Priority system {#sec-env-wq-502.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.43}

“Priority system” means the criteria for ranking projects on the priority list.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.41)

N.H. Code Admin. R. Ann. Env-Wq 502.44 Project completion {#sec-env-wq-502.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.44}

“Project completion” means the date of substantial completion of a pollution abatement project or the scheduled completion date in the financial assistance agreement.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.42)

N.H. Code Admin. R. Ann. Env-Wq 502.45 Recipient {#sec-env-wq-502.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.45}

“Recipient” means an applicant that receives financial assistance from the CWSRF. The term includes loan recipients.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.43)

N.H. Code Admin. R. Ann. Env-Wq 502.46 Repayment {#sec-env-wq-502.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.46}

“Repayment” means the payment by a recipient of principal or interest, or both, on funds received by a recipient, which must be credited directly to the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.44)

N.H. Code Admin. R. Ann. Env-Wq 502.47 Resident project representative {#sec-env-wq-502.47 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.47}

“Resident project representative” means an individual who:

(a) Is qualified by reason of education and experience to inspect infrastructure projects; and

(b) Reports to a licensed professional engineer if necessary based on the project and type of work to be done.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.45)

N.H. Code Admin. R. Ann. Env-Wq 502.48 Responsible bidder {#sec-env-wq-502.48 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.48}

“Responsible bidder” means an entity that:

(a) Has the technical knowledge necessary to perform the contract;

(b) Has adequate financial resources to perform the contract;

(c) Is able to comply with the legal or regulatory requirements associated with the contract;

(d) Is able to deliver according to the contract schedule;

(e) Has either a history of satisfactory performance or no history of unsatisfactory performance;

(f) Has good reputation regarding integrity; and

(g) Has or can obtain necessary data, equipment, and facilities to perform the contract.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.46)

N.H. Code Admin. R. Ann. Env-Wq 502.49 Scheduled completion date {#sec-env-wq-502.49 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.49}

“Scheduled completion date” means the date stated in the original loan agreement or initial loan documents on which the project that received CWSRF funds is intended to be placed into use for the purposes for which it was intended.

History

• #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 502.50 Security {#sec-env-wq-502.50 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.50}

“Security” means a recipient’s real or personal property or other collateral that is pledged by the recipient to ensure repayment to the department.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.47)

N.H. Code Admin. R. Ann. Env-Wq 502.51 Septage {#sec-env-wq-502.51 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.51}

“Septage” means “septage” as defined in RSA 485-A:2, IX-a, as reprinted in Appendix B.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.48)

N.H. Code Admin. R. Ann. Env-Wq 502.52 Septic system {#sec-env-wq-502.52 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.52}

“Septic system” means an on-site wastewater disposal system as regulated by RSA 485-A:29-44 and Env-Wq 1000.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.49)

N.H. Code Admin. R. Ann. Env-Wq 502.53 Sewage {#sec-env-wq-502.53 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.53}

“Sewage” means “sewage” as defined in RSA 485-A:2, X, as reprinted in Appendix B.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.50)

N.H. Code Admin. R. Ann. Env-Wq 502.54 Sludge {#sec-env-wq-502.54 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.54}

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

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.51)

N.H. Code Admin. R. Ann. Env-Wq 502.55 State {#sec-env-wq-502.55 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.55}

“State” means the state of New Hampshire.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.52)

N.H. Code Admin. R. Ann. Env-Wq 502.56 State match {#sec-env-wq-502.56 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.56}

“State match” means funds equaling 20 percent of the capitalization grant, which the CWA requires the state to deposit into the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.53)

N.H. Code Admin. R. Ann. Env-Wq 502.57 State revolving fund (SRF) attorney {#sec-env-wq-502.57 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.57}

“State revolving fund (SRF) attorney” means the attorney(s) under contract to the department for the purpose of providing:

(a) Legal review of initial loan documents and allonges; and

(b) Other legal services associated with providing financial assistance to non-governmental entities.

History

• #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 502.58 State revolving fund (SRF) financial advisor {#sec-env-wq-502.58 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.58}

“State revolving fund (SRF) financial advisor” means the individual or entity under contract to the department for the purpose of assessing the financial risk of providing financial assistance to non-governmental entities.

History

• #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 502.59 Substantial completion {#sec-env-wq-502.59 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.59}

“Substantial completion” means the date certified, based on a report of the resident project representative, that the construction of the project or a specified part thereof is sufficiently completed, in accordance with the contract documents, so that the project or specified part can be used for the purposes for which it is intended.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.54)

N.H. Code Admin. R. Ann. Env-Wq 502.60 Supplemental agreement {#sec-env-wq-502.60 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.60}

“Supplemental agreement” means an amendment to a financial assistance agreement executed between the state and a recipient which stipulates the final project cost and the applicable repayment terms.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.55)

N.H. Code Admin. R. Ann. Env-Wq 502.61 Unique Entity Identifier (UEI) {#sec-env-wq-502.61 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.61}

“Unique Entity Identifier (UEI)” means the non-proprietary identifier used across the federal government.

History

• #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 502.62 Wastewater {#sec-env-wq-502.62 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.62}

“Wastewater” means the spent water of a community. The term includes water carrying domestic, commercial, and industrial wastes as well as other wastes.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.56)

N.H. Code Admin. R. Ann. Env-Wq 502.63 Wastewater facilities {#sec-env-wq-502.63 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.63}

“Wastewater facilities” means “wastewater facilities” as defined in RSA 485-A:2, XIX, as reprinted in Appendix B.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.57)

N.H. Code Admin. R. Ann. Env-Wq 502.64 Wastewater treatment plant {#sec-env-wq-502.64 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 502.64}

“Wastewater treatment plant” means “wastewater treatment plant” as defined in RSA 485-A:2, XVI-a, as reprinted in Appendix B.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 502.58)

Part Env-Wq 503 Establishment of Cwsrf

N.H. Code Admin. R. Ann. Env-Wq 503.01 Authority for Loan Fund {#sec-env-wq-503.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 503.01}

RSA 486:14, I(a) authorizes New Hampshire “to participate in the federally funded state water pollution control …revolving loan funds or grants as may be provided under the Clean Water Act… or related federal legislation as amended from time to time. The loan funds shall be administered by the commissioner of the department of environmental services under rules adopted by the commissioner under the provisions of RSA 541-A.”

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 503.02 Deposits to CWSRF {#sec-env-wq-503.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 503.02}

Pursuant to RSA 486:14, the state shall deposit in the CWSRF the following:

(a) Capitalization grants as appropriated by the United States Congress;

(b) The state match as appropriated by the general court, deposited to the CWSRF on a schedule coinciding with the payment of federal funds into the CWSRF;

(c) Repayments of principal and interest by loan recipients;

(d) Investment earnings credited to the assets of the CWSRF, which shall become part of the total assets of the CWSRF; and

(e) Any other funds as may be appropriated or available.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 503.03 Public Records {#sec-env-wq-503.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 503.03}

All records of the department relating to the financial assistance program covered by the rules of this chapter shall be public records available for public inspection by any interested person as provided in RSA 91-A.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

Part Env-Wq 504 Use of Cwsrf; Eligible Projects and Costs

N.H. Code Admin. R. Ann. Env-Wq 504.01 Availability of Financial Assistance from the CWSRF {#sec-env-wq-504.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 504.01}

The CWSRF shall be used to provide financial assistance as authorized by a specific capitalization grant to eligible entities for the planning, design, construction, and refinancing of pollution abatement projects, whether covered under §211, §212, §319, or §320 of the CWA or a specific capitalization grant, including but not limited to the projects listed in Env-Wq 504.02 and Env-Wq 504.04.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 504.02 Eligible Pollution Abatement Projects {#sec-env-wq-504.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 504.02}

The construction, expansion, or upgrading of any of the following shall be eligible for funding from the CWSRF:

(a) Wastewater facilities, including:

(1) Wastewater treatment plants;

(2) Interceptor sewers;

(3) Collector sewers in accordance with §211 of the CWA, provided that loans for construction of collector sewers shall be considered only in areas of documented pollution problems, including but not limited to surface or groundwater contamination, public health threats, or nuisance conditions, that are the result of failed septic systems or direct wastewater discharges;

(4) Wastewater pumping stations;

(5) I/I correction;

(6) Sewer rehabilitation;

(7) Treatment or abatement of combined sewer overflows;

(8) Septage disposal and treatment facilities; and

(9) Septic systems, as allowed by 40 CFR 35.2034;

(b) Stormwater management projects, including:

(1) Storm sewers when construction results in elimination of a combined sewer overflow structure and does not result in a new point source discharge; and

(2) Other stormwater management measures implemented as specified in Env-Wq 1508;

(c) The capping and closure of unlined landfills;

(d) Best management practices that address nonpoint source (NPS) pollution;

(e) Eligible §319 and §320 projects as listed in Env-Wq 504.04; and

(f) Any appurtenant facilities directly related to (a) through (e), above.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 504.03 Eligible Costs for Pollution Abatement Projects {#sec-env-wq-504.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 504.03}

The following shall be eligible costs:

(a) All costs directly related to the construction, expansion, or upgrading of an eligible project as listed in Env-Wq 504.02 or Env-Wq 504.04;

(b) All costs directly related to the planning and design of an eligible project as listed in Env-Wq 504.02 or Env-Wq 504.04, including the following:

(1) Design fees, including fees for pre-closure investigations for landfill capping and closure;

(2) Costs of hydrological investigations, subsurface investigations, and soil borings, including costs of pre-closure hydrogeological investigations;

(3) Environmental or archaeological consultants fees where required;

(4) Property boundary survey and engineering survey costs; and

(5) Recipient administrative costs to obtain approval of the design of the pollution abatement projects that are attributable to additional administrative duties outside of normal duty hours;

(c) Purchase of necessary land used for wastewater or NPS pollution control infrastructure or for ultimate disposal of residues resulting from wastewater treatment, such as spray irrigation or land application of sludge;

(d) Construction administration, including but not limited to resident project representatives, operations and maintenance manual preparation, and preparation of record drawings;

(e) Loan recipient administrative costs directly related to the pollution abatement project that are attributable to additional administrative duties outside of normal duty hours; and

(f) Interest accrued on disbursements.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 504.04 Additional Eligible Projects {#sec-env-wq-504.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 504.04}

Pollution abatement projects under §319 or §320 of the CWA that are eligible for CWSRF funding shall include the following:

(a) Preparation and implementation of estuary conservation and management plans;

(b) Restoration projects for the following estuarine habitats or living resources:

(1) Salt marshes;

(2) Eelgrass and other submerged aquatic vegetation;

(3) Riparian buffers;

(4) Diadromous fish; and

(5) Shellfish;

(c) Projects to restore hydraulic connectivity, such as culvert resizing and replacement and dam removal or repair; and

(d) Elimination of illicit discharges to storm sewers, including but not limited to:

(1) Illicit Discharge Detection and Elimination (IDDE) assessments; and

(2) Correction of illicit discharges.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

Part Env-Wq 505 Establishing Priority for Funding

N.H. Code Admin. R. Ann. Env-Wq 505.01 Preliminary Project Priority List {#sec-env-wq-505.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.01}

(a) The department shall prepare a preliminary list of projects that are eligible to receive financial assistance from the CWSRF based on the pre-applications submitted and accepted as described in Env-Wq 505.03 through Env-Wq 505.09.

(b) If available funds are sufficient to fund all projects for which pre-applications are accepted, the preliminary list shall contain the information specified in (d), below, for all projects for which pre-applications have been accepted.

(c) If available funds are not sufficient to fund all projects for which pre-applications are accepted, the preliminary project priority list shall contain:

(1) A fundable portion, consisting of those eligible projects to which available funds have been assigned; and

(2) A contingency portion, consisting of those eligible projects that will receive financial assistance if funds become available.

(d) The preliminary project priority list shall contain the following information for each project on the list:

(1) The name of the applicant;

(2) The name and location of the applicant’s project;

(3) A brief description of the project;

(4) Project priority, if applicable; and

(5) The amount of financial assistance requested.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.02 Prioritization of Proposed Projects {#sec-env-wq-505.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.02}

(a) If available funds are not sufficient to fund all projects for which pre-applications are accepted or if otherwise required by a specific capitalization grant, the department shall:

(1) Develop a priority system as part of the applicable Intended Use Plan (IUP) that is based on the following objectives:

a. Achieving compliance with the CWA and any applicable requirements in 40 CFR Part 35;

b. Achieving the most cost-effective reduction or elimination of pollutant discharges;

c. Furthering public health protection;

d. Maintaining affordability for users of the infrastructure, if applicable; and

e. Achieving compliance with any applicable requirements of the specific capitalization grant from which the funds are loaned;

(2) Rank the pre-applications according to the priority system; and

(3) Allocate the available funds starting with the highest priority and proceeding down the list until all available funds have been allocated.

(b) If a priority system is developed, the department shall:

(1) List the projects on that priority list in order of priority; and

(2) If 2 or more projects on the same list have equal ranking under the priority system, assign the higher ranking to the project that would provide the greatest environmental benefit.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.03 Pre-Application Procedures {#sec-env-wq-505.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.03}

(a) If requested by an entity that wants to apply for CWSRF funding, the department shall meet with the entity’s representative(s) to provide information, advice, instruction, guidance, and other information to help the entity determine the scope of work needed to describe an eligible project and complete the application process.

(b) Any entity that wants to borrow money from the CWSRF shall submit a pre-application as described in Env-Wq 505.04 to:

NHDES Clean Water SRF Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

(c) Upon receipt of a pre-application, the department shall review the pre-application to determine whether the pre-application is complete, meaning all information required by Env-Wq 505.05 through Env-Wq 505.08 has been provided and the pre-application has been signed and dated as required by Env-Wq 505.04.

(d) If the pre-application is not complete, the department shall notify the applicant in writing within 30 days of what is needed to complete the pre-application.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.04 Submission of Pre-Applications {#sec-env-wq-505.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.04}

(a) The applicant shall provide the information required by Env-Wq 505.05 through Env-Wq 505.08 to the department on a “CWSRF Pre-Application Form”, NHDES-W-09-002, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-002.

(b) The applicant shall sign and date the pre-application as follows:

(1) If the applicant uses a paper-based pre-application form, the applicant’s authorized representative shall sign and date the form and print his or her name and title in the location indicated on the form; and

(2) If the applicant uses the web-based pre-application form, submitting the form shall constitute the signature and the date the submission is received by the department shall constitute the date of the pre-application.

(c) Submission of the form, whether electronically or on paper, shall constitute certification by the applicant that:

(1) The information provided is true, complete, and not misleading to the best of the applicant’s knowledge and belief;

(2) The applicant understands that any department determination that the applicant and the applicant’s project qualify for funding from the CWSRF that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(3) The signer is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements.

(d) If the applicant’s authorized representative is or is acting on behalf of a listed engineer as defined in Env-C 502.10, the signature also shall constitute certification that the signer understands that the submittal of false, incomplete, or misleading information is grounds for debarring the listed engineer from the roster.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.05 Information Required for Pre-Applications: Identification of Applicant, Project {#sec-env-wq-505.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.05}

Each applicant shall provide the following information to identify the applicant and the project for which funding is being requested:

(a) The applicant’s name and mailing address;

(b) The name, title, email address, and daytime telephone number of the individual who can answer questions on behalf of the applicant regarding the project;

(c) A short title for the project, the proposed project’s location, and a brief description of the project;

(d) The name of each surface water that would be affected by the project, and for each, whether the surface water is impaired and if so, whether the proposed project addresses the impairment;

(e) Whether the project is a wastewater project, a stormwater and/or NPS project, or a wastewater project with stormwater and/or NPS components and whether the project includes planning, design, asset management program, or construction or some combination thereof;

(f) The date the applicant received governing body approval to borrow funds for the project or the date the applicant anticipates receiving such approval, as applicable;

(g) The amount of loan requested;

(h) The intended use of the funds, for example to evaluate feasible alternatives, to prepare design plans, or for construction, or some combination thereof; and

(i) A concise explanation of the need for the proposed project, including:

(1) How it will meet the criteria listed in Env-Wq 505.02(a)(1)a. through e.; and

(2) Whether the project would address a federal or state administrative order or consent decree, a surface water quality impairment, a chronic NPDES compliance issue, surface water quality in unimpaired waters, an NPDES MS4 compliance issue, chronic flooding that causes water quality to degrade, or a recommendation in the state Nonpoint Source Plan, a watershed-based plan that meets Clean Water Act Section 319 guidelines, or the 2010 Piscataqua Region Comprehensive Conservation and Management Plan; and

(j) If the applicant uses a paper-based pre-application form, the name and title of the individual authorized by the applicant to sign the pre-application form on behalf of the applicant.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.06 Information Required for Pre-Applications for Planning {#sec-env-wq-505.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.06}

Each applicant for funding for a planning project or a project that has a separate planning component shall provide the following information:

(a) An estimate of the costs attributable to planning and the rationale for the estimate;

(b) The anticipated date that the planning contract will be awarded and completed;

(c) Any other information specifically required by the capitalization grant being disbursed;

(d) Any additional information the applicant believes would be helpful to the department’s assessment of how the proposed project meets the criteria in Env-Wq 505.02; and

(e) As much information required by Env-Wq 505.07 and Env-Wq 505.08 as is available.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.07 Information Required for Pre-Applications for Design {#sec-env-wq-505.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.07}

Each applicant for funding for a design project or a project that has a separate design component shall provide the following information:

(a) An estimate of the costs attributable to design and the rationale for the estimate;

(b) The anticipated date that the design contract will be awarded and completed; and

(c) Any other information specifically required by the capitalization grant being disbursed;

(d) Any additional information the applicant believes would be helpful to the department’s assessment of how the proposed project meets the criteria in Env-Wq 505.02; and

(ce) As much information required by Env-Wq 505.08 as is available.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.08 Information Required for Pre-Applications for Construction {#sec-env-wq-505.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.08}

Each applicant for funding for a construction project or a project that has a separate construction component shall provide the following information:

(a) An estimate of construction costs including costs of planning and design unless itemized separately, a construction contingency, and construction administration costs, plus the amount and a description of any other costs, where applicable;

(b) The anticipated dates that the construction contract will be awarded and construction will be completed;

(c) If the cost estimates are based on a facility plan or preliminary design report signed by a professional engineer, professional geologist, or other licensed professional, identification of the document by name and date and identification of the licensed professional by name and license type and number;

(d) If the cost estimates are not based on a facility plan or preliminary design report signed by a licensed professional, the rationale for the cost estimates;

(e) For traditional wastewater projects:

(1) Estimates of the current and projected resident and non-resident populations served, where non-resident populations comprise tourists and transient, seasonal, and commuter workers;

(2) The percentage of total estimated costs allocated to water efficiency, energy efficiency, green projects, or other environmentally-innovative design;

(3) Information to demonstrate the sustainability of the proposed project, as follows:

a. Average monthly facility flow as a percentage of design capacity;

b. The pollutant(s) and loading(s), as a percentage of design capacity, that exceed, on an average monthly basis, 80% design loading capacity;

c. Whether the project will reduce flow or loadings, or increase design capacity of the WWTF, and if so, how;

d. Whether the project will implement a climate change adaptation or mitigation strategy, and if so, how;

e. Whether the project will address excessive infiltration and inflow as defined in 40 CFR 35.2005 (16);

f. Whether the project will implement recommendations of an existing asset management program, and if so, identification of the specific section of the program and what percentage of the facility’s operation and maintenance budget is set aside for a repair and replacement reserve account; and

g. Whether the project will accommodate reuse or recycling of stormwater, wastewater, or treatment products;

(4) Whether an energy audit has been completed or is planned and, if so, the date or anticipated date and whether the project will address any of the audit findings and if so, how, and a copy of the audit;

(5) A calculation of the total annual sewer user fee for a typical residence, based on water use of 67,400 gallons water per year, or 185 gallons per day; and

(6) Any other information specifically required by the capitalization grant being disbursed; and

(f) For stormwater and NPS projects:

(1) If the project addresses an MS4 compliance issue, a description of the requirement being addressed;

(2) If the project addresses chronic flooding, a description of the water quality problem caused by the flooding;

(3) If the project implements a recommendation in the NH Nonpoint Source Management Plan, a watershed-based plan, or the 2010 Piscataqua Region Comprehensive Conservation and Management Plan, identification of the specific plan by document name and recommendation being implemented, including the section number, if any, and page number;

(4) Whether the project will address one or more of the following:

a. Disconnection of impervious cover from a stormwater drainage system and, if so, an estimate of the area of impervious cover to be disconnected in square feet;

b. Protection or restoration of natural hydrology, floodplains, and wetlands and, if so, a description of how the project protects or restores natural hydrology, floodplains, or wetlands;

c. Improved stream connectivity with respect to aquatic life and, if so, a description of the barriers to be removed and an estimate of the number of miles of stream to be reconnected; or

d. Smart growth as defined in RSA 9-B:3 and, if so, a description of how the proposed project addresses water quality goals through smart growth;

(5) Any other information specifically required by the capitalization grant being disbursed; and

(6) Any additional information the applicant believes would be helpful to the department’s assessment of how the proposed project meets the criteria in Env-Wq 505.02.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.09 Department Action on Pre-Application {#sec-env-wq-505.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.09}

(a) The department shall determine that the applicant’s project is eligible for financial assistance from the CWSRF if:

(1) The pre-application is complete;

(2) The applicant is an eligible entity; and

(3) The proposed project is within the scope of projects identified in Env-Wq 504.

(b) The department shall notify the applicant in writing of its eligibility determination within 30 days of determining that a pre-application is complete.

(c) If the department determines that the applicant’s project is eligible, the department shall place the project on the preliminary project priority list prepared pursuant to Env-Wq 505.01.

(d) If the department determines that the applicant’s project is not eligible, the department shall state the reason(s) for the determination in the notice sent pursuant to (b), above.

(e) In response to being notified that a project is not eligible, the applicant may modify or supplement any information and submit a new pre-application to the department.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.10 Intended Use Plan (IUP) {#sec-env-wq-505.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.10}

(a) For each federal fiscal year, the department shall prepare an IUP that complies with 40 CFR §35.3150 and any applicable guidance issued by the U.S. Environmental Protection Agency (EPA), specifically including the preliminary project priority list prepared pursuant to Env-Wq 505.01.

(b) The IUP shall include an explanation of how interest rates will be established for funds provided under the proposed IUP, including whether the interest rate will be subject to adjustment in response to market conditions.

(c) The preliminary IUP shall be subject to public comments and review as specified in Env-Wq 505.11 before being finalized and submitted to EPA.

(d) If the department determines that an amendment to the IUP is necessary, the department shall publish a notice of the changes on its website at least 7 days in advance of implementing the changes.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.11 Annual Hearing {#sec-env-wq-505.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.11}

(a) The department shall hold a non-adjudicative public hearing annually to present the preliminary IUP. Except as modified by this section, the hearing shall be conducted in accordance with the provisions of Env-C 200 that apply to non-adjudicative proceedings and oral public hearings.

(b) The department shall publish a notice of the hearing in a newspaper of general circulation and on its web site at least 7 days prior to the date of the hearing.

(c) The department also shall provide written notice of the hearing at least 7 days in advance of the hearing to those applicants whose projects are on the list to be presented and to any person who has submitted a written request for such notice.

(d) The department shall send the notice required by (c), above, by email to each applicant and any person who has provided an email address and by first class mail to any applicant or person who has not provided an email address.

(e) As a supplement to the procedures specified in Env-C 205.07, any person desiring priority to speak at the hearing shall submit a copy of the testimony to be presented to the department no later than 2 days prior to the scheduled date of the hearing. All persons who wish to testify at the hearing who have submitted written testimony at least 2 days prior to the hearing shall be given priority to speak at the hearing. If sufficient time exists after all persons who submitted testimony have spoken, the individual presiding at the hearing shall allow other persons to testify.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 505.12 Management of Project Priority List {#sec-env-wq-505.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 505.12}

(a) Following the hearing required by Env-Wq 505.11, the department shall:

(1) Prepare a current project priority list using the same process as described in Env-Wq 505.02 for the preliminary project priority list; and

(2) Notify each applicant having a project on the list that a final application is required if the applicant wants to receive the funds allocated for the project.

(b) The department shall substitute a project from the contingency portion of the project priority list for a project on the fundable portion of the list if an application is not received or if the project will not be ready to proceed during the funding year. If a prioritization system was developed pursuant to Env-Wq 505.02, substitutions shall be based on the priority system.

(c) The department shall review the fundable portion of the list whenever updates are necessary, such as revised estimated construction assistance amounts and any project substitutions.

(d) If additional funds become available during the time period covered by the IUP, the department shall extend the fundable portion of the list to include as many of the projects in the contingency section of the list that are ready to proceed as can be funded.

(e) The department shall not fund a project on the list if any of the following is true:

(1) The project is fully funded from other sources, unless the applicant is requesting refinancing of previously-incurred costs that are otherwise eligible costs;

(2) The project is found to be ineligible based on information received by the department subsequent to the placement of the project on the list; or

(3) The applicant informs the department in writing that it does not intend to pursue financial assistance from the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

Part Env-Wq 506 Procedures for Receipt of Cwsrf Funds

N.H. Code Admin. R. Ann. Env-Wq 506.01 Final Application Procedures {#sec-env-wq-506.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 506.01}

(a) An applicant whose project has been approved for funding shall submit the information required by Env-Wq 506.03 and Env-Wq 506.04 and the documents required by Env-Wq 506.05 in writing to the department, on or with “CWSRF Loan Application Form”, NHDES-W-09-019, November 2022, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-09-019.

(b) If the pre-application was filed prior to preparation of the priority list in the draft IUP, the applicant shall submit the final application by the deadline specified in the IUP.

(c) If the need for funding was not known prior to the priority list being prepared, an applicant may submit a pre-application that meets the requirements of Env-Wq 505.03 through Env-Wq 505.08 at the time the need for the funds is discovered.

(d) For any pre-application filed pursuant to (c), above, the department shall:

(1) Review the pre-application as described in Env-Wq 505.09; and

(2) If the department determines that the applicant is an eligible entity, the project is an eligible project, and funds are available for the project, so notify the applicant and establish a deadline for submission of a final application in consultation with the applicant.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 506.02 Conditions Arising from Final Application {#sec-env-wq-506.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 506.02}

By submitting a final application for financial assistance, the applicant shall be deemed to agree to the following:

(a) From the time of first application for financial assistance for a project throughout all stages of construction and implementation, and at any other time while any assistance from the CWSRF to the applicant is outstanding, the applicant shall allow the department to inspect:

(1) The project and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project for which application is made; and

(2) Any and all books, accounts, records, contracts or other instruments, documents or other information possessed by the applicant or its contractors, agents, employees, or representatives which relate in any respect to the receipt, deposit, or expenditure of financial assistance funds; and

(b) After project completion, the recipient shall allow the department to conduct periodic site visits.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 506.03 Required Information: Applicant and Project {#sec-env-wq-506.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 506.03}

The applicant shall provide the following information to identify the applicant and describe the project:

(a) The applicant’s name and mailing address;

(b) Whether the applicant is a governmental or non-governmental eligible entity;

(c) The name, title, daytime telephone number including area code, and email address, if any, of a contact for administrative matters, a contact for financial and contractual matters, and a contact for technical and engineering matters;

(d) The name and title of the individual authorized by the applicant to sign financial documents, which may be the same individual as the authorized representative;

(e) A short title for the project;

(f) The project location and, if required by the capitalization grant, the congressional district in which the project is located;

(g) A statement that the project description provided pursuant to Env-Wq 505.05 through Env-Wq 505.08 has not changed or, if the information has changed, updated information;

(h) As applicable, information on the population served by the wastewater or stormwater infrastructure affected by the project or the stormwater volume for the project and the receiving facility;

(i) For construction projects funded under §212 of the CWA, a statement that the applicant has an asset maintenance and renewal plan in place for funding the maintenance and eventual replacement of the funded infrastructure, or, if there is no such plan in place, a plan for developing such a plan as part of the funded infrastructure project;

(j) The estimated project completion schedule, including the estimated dates of opening bids, initiating the project, substantial completion, and initiation of operation, if applicable; and

(k) Whether the project will benefit an estuary of national significance designated by the National Estuary Program.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 506.04 Required Financial Information {#sec-env-wq-506.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 506.04}

The applicant shall provide the following financial information:

(a) The amount of financial assistance and loan term requested;

(b) The most current estimate of total project cost, itemized as to major facilities and related expenses such as land and easement costs, fees for engineering or other consulting services, fees for financial services, and contingencies;

(c) For construction projects, the percentage of total estimated costs allocated to water efficiency, energy efficiency, green projects, or other environmentally-innovative design;

(d) If the total estimated cost of the project exceeds the requested loan amount, the amount and anticipated source of each additional source of funds for the project;

(e) A description of each source of loan repayment funds;

(f) The applicant’s Unique Entity Identifier (UEI);

(g) For an applicant that is not a governmental entity, in the most recent completed fiscal year of the organization to which the UEI belongs, a statement of whether the organization received the threshold amount or more in U.S. federal contracts, subcontracts, loans, grants, subgrants, or cooperative agreements, or any combination thereof as required for prime recipient executive compensation reporting in accordance with Public Law 109- 282, the Federal Funding Accountability and Transparency Act of 2006 as amended; and

(h) An estimated schedule of disbursements.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 506.05 Required Documentation {#sec-env-wq-506.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 506.05}

The applicant shall provide the following documentation, as applicable to the proposed project:

(a) For projects that are subject to Env-Wq 700, a basis of design as specified in Env-Wq 707;

(b) For construction projects other than those covered by (a), above, a report to facilitate review of the proposed project and alternatives thereto from the viewpoints of function, operation, economics, reliability, safety, efficiency, cost, and effectiveness, and environmental compatibility, which includes the following:

(1) A concise explanation of the need for the proposed project, including how it will meet the criteria listed in Env-Wq 505.02(a)(1)a. through e.;

(2) A cost-effectiveness analysis of the project and all feasible alternatives capable of meeting state and federal requirements, which details all monetary costs including the present worth or equivalent annual value of all capital costs, operation, and maintenance; and

(3) All information necessary for the design of the proposed project and alternatives;

(c) A certified and sealed copy of the resolution adopted by the applicant’s governing body that authorizes the filing of the application and identifies the name and title of each individual who has been authorized to serve as the applicant’s authorized representative for purposes of signing the application and related documents and all loan documents on behalf of the applicant;

(d) A certified and sealed copy of the warrant article or other authorization from the applicant’s governing body to raise, appropriate, and spend the requested funds on the proposed project;

(e) A letter signed by an authorized representative that states the application has been submitted to the office of energy and planning for review through the New Hampshire intergovernmental review process and provides the current status of that process;

(f) A letter signed by an authorized representative certifying that the applicant has the financial capability and, for entities other than governmental entities, adequate security to support on-going operation and maintenance and loan repayment, if applicable;

(g) For governmental applicants, a letter signed by an authorized representative stating whether or not the applicant has any debt outside the NH Municipal Bond Bank and, if the debt is rated, the rating;

(h) For non-governmental applicants, documentation of the extent of the applicant’s existing debt;

(i) A copy of the applicant’s latest annual report or financial statements; and

(j) The “Environmental Review CWSRF Loan Checklist and Template”, NHDES-W-09-018, August 2022, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-018

for the environmental review required under Env-Wq 508.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 506.06 Signatures for Final Applications {#sec-env-wq-506.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 506.06}

(a) The applicant’s authorized representative shall sign and date the “CWSRF Loan Application Form”, NHDES-W-09-019, November 2022, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-09-019.

(b) Submission of the form shall constitute certification by the applicant 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 any department determination that the applicant and the applicant’s project qualifies for funding from the CWSRF that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(3) The signer is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements.

(c) If the applicant’s authorized representative is or is acting on behalf of a listed engineer as defined in Env-C 502.10, the signature shall also constitute certification that the signer understands that the submittal of false, incomplete, or misleading information is grounds for debarring the listed engineer from the roster.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 506.07 Department Action on Final Application {#sec-env-wq-506.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 506.07}

(a) The department shall determine that the application is complete and all or a portion of the proposed project is eligible for financial assistance from the CWSRF if:

(1) All or a portion of the proposed project is within the scope of eligible projects identified in Env-Wq 504;

(2) The applicant has submitted all information and documents required by Env-Wq 506.03 through Env-Wq 506.05; and

(3) The applicant has signed the application as required by Env-Wq 506.06.

(b) The department shall notify the applicant in writing of its eligibility determination.

(c) If the department determines that the applicant’s project is not eligible, the notice sent pursuant to (b), above, shall specify the reason(s) for the determination and inform the applicant that the department will reconsider the determination if the applicant submits modified or supplemental information within 30 days of the date of the notice.

(d) If the applicant wants the department to reconsider its determination that a project is ineligible, the applicant shall submit modified or supplemental information within 30 days of the date of the notice and request the department to reconsider its decision in light of the new information.

(e) Upon receipt of a request to reconsider in light of new information, the department shall review the information and make a decision in accordance with (a) through (c), above, except that no further reconsideration shall be undertaken.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

Part Env-Wq 507 Financial Assistance; Payments; Accounting

N.H. Code Admin. R. Ann. Env-Wq 507.01 Original Financial Assistance Agreement {#sec-env-wq-507.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.01}

(a) Following acceptance of an application from a governmental entity and upon determining that funds are available, the department shall prepare an original loan agreement (OLA) that contains the following provisions:

(1) The amount of funds being provided;

(2) The interest rate for the loan and the length of the repayment term;

(3) A description of the project;

(4) Authorization for representatives of the department and applicable federal agencies to examine any of the loan recipient’s records that pertain to transactions relating to the loan agreement, construction contracts, engineering contracts, or other consulting contracts for the purpose of inspection, audit, and copying during normal business hours;

(5) A requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements, if applicable; and

(6) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(b) The department shall transmit the OLA to the recipient for review and if the recipient agrees with the terms, the recipient shall sign, date, and return the OLA to the department.

(c) Upon receipt of a signed OLA, the department shall sign the OLA and submit the OLA to the governor and executive council (G&C) for approval.

(d) If approved by the G&C, then:

(1) The OLA shall be effective upon approval by the G&C; and

(2) The department shall send a copy of the approved OLA to the recipient.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 507.02 Initial Loan Documents (ILDs) for Non-Governmental Entities. {#sec-env-wq-507.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.02}

(a) Following acceptance of an application from a non-governmental entity and upon determining that funds are available, the department shall send the applicant’s financial information to the SRF financial advisor for review.

(b) If the department determines, based on the assessment provided by the SRF financial advisor, that lending money to the applicant would not pose an unreasonable risk of loss due to non-repayment of funds provided to the applicant, the department shall prepare the initial loan documents (ILD) that contain the following provisions:

(1) The loan amount;

(2) The interest rate for the loan;

(3) The length of the repayment term;

(4) A description of the project;

(5) Authorization for representatives of the department and applicable federal agencies to examine any of the loan recipient’s records that pertain to transactions relating to the loan agreement, construction contracts, or engineering contracts for the purpose of inspection, audit, and copying during normal business hours;

(6) A requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements;

(7) Security for the loan; and

(8) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(c) The department shall send the drafted ILD to the SRF attorney and to the applicant for review and comment.

(d) If the applicant agrees to the terms of the ILD and the SRF attorney does not identify issues that could cause the ILD to not be enforceable, the department shall submit the unsigned ILD to the G&C for approval.

(e) If the G&C approves the ILD, the department and the recipient shall schedule a loan closing for a mutually-acceptable date and time.

(f) The recipient shall bring the following documents to the closing:

(1) Proof of authority to enter into contracts in New Hampshire, such as a certificate of good standing from the New Hampshire secretary of state’s office that is valid on the date of the loan closing;

(2) If the recipient was formed under the laws of a jurisdiction other than New Hampshire, a certificate of good standing from the state of incorporation or other registration that is valid as of the date of the loan closing; and

(3) Any additional documents identified by the SRF attorney and identified in the loan closing agenda.

(g) After the recipient signs the ILD, the department shall:

(1) Sign the ILD; and

(2) Provide a copy of the signed ILD to the recipient, the SRF financial advisor, and the SRF attorney.

(h) The ILD shall be effective upon signing by the recipient and the department.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 507.03 Interest Rates Established {#sec-env-wq-507.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.03}

(a) The interest rate charged on the outstanding balance of disbursed loan funds prior to the date of substantial completion or the date of scheduled completion, whichever is earliest, shall be equal to 1.0% annually.

(b) The interest rate charged on the outstanding balance of disbursed loan funds after the date of scheduled completion or substantial completion, whichever is earlier shall be the rate based on the repayment period selected by the applicant and the interest rate established in the applicable IUP (IUP rate) that is in effect at the time the financial assistance agreement is transmitted to the loan recipient.

(c) Unless otherwise specified in the applicable IUP, the interest rate based on the repayment period selected by the applicant shall be as shown in (d), below, subject to adjustment pursuant to Env-Wq 507.04, but in no case lower than 2.0%.

(d) The interest rate based on the repayment period selected by the applicant shall be as shown in table 507-1, below:

Table 507-1: Interest Rate Based On Repayment Period Selected by Applicant

Repayment Period Selected

Interest Rate

5 years or fewer

25% of IUP rate

Greater than 5 years to 10 years

50% of IUP rate

Greater than 10 years to 15 years

75% of IUP rate

Greater than 15 years to 20 years

80% of IUP rate

More than 20 years, if available under the specific capitalization grant from which the funds are loaned

Calculated as specified in the applicable IUP

(d) If the interest rate determined pursuant to (b) and (c), above, is higher than the interest rate charged by federal agencies for water or wastewater infrastructure projects, the interest rate shall be set at the lower of the following, but not less than 2.0%:

(1) The rate determined as specified in accordance with criteria established by the specific capitalization grant from which the funds are loaned; or

(2) The interest rate charged by federal agencies for water or wastewater infrastructure projects.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 507.04 Accrual of Interest Charges; Administrative Fee {#sec-env-wq-507.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.04}

(a) Interest on any loan funds disbursed to a loan recipient shall begin to accrue as of the date of each disbursement of such funds by the state.

(b) The loan recipient shall pay interest charges incurred on disbursed loan funds in accordance with one of the following, at the election of the applicant:

(1) Semi-annually, prior to the commencement of the loan repayment;

(2) Prior to the commencement of loan repayment;

(3) At the time of the first repayment; or

(4) By adding the charges to the outstanding principal balance.

(c) Interest charges during loan repayment shall be fixed over the loan repayment period.

(d) As required by RSA 486:14, I(b), the department shall set aside as an administrative fee a sum equal to 2% of all loan principal balances outstanding each year.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 507.05 Adjustments to Stipulated Interest Rate {#sec-env-wq-507.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.05}

(a) If the applicable IUP provides that interest rates are subject to adjustment, then prior to establishing the final repayment schedule in the SLA or allonge, as applicable, the department shall compare the IUP interest rate stipulated in the OLA or ILD, as applicable, with the rate at the time the SLA or allonge is prepared and adjust the interest rate to be the lower of:

(1) The interest rate stipulated in the OLA or ILD; or

(2) The interest rate at the time the SLA or allonge is prepared.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 507.06 Timely Use of Funds {#sec-env-wq-507.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.06}

(a) A recipient shall submit a request for disbursement within 6 months of the execution of the financial assistance agreement.

(b) If the recipient fails to comply with (a), above, the department shall request the recipient to show cause why the financial assistance agreement should not be canceled.

(c) The department’s request shall:

(1) Be in writing;

(2) Specify a date by which the recipient must respond to the request, which shall be 20 working days from the date of the notice; and

(3) Inform the recipient that the recipient may request an adjudicative hearing prior to the financial assistance agreement being cancelled.

(d) If the recipient wishes to have an adjudicative hearing, the recipient shall:

(1) Respond in writing to the request sent by the department pursuant to (b), above; and

(2) Include a request for a hearing in the response.

(e) If a hearing is requested and a settlement is not reached, the hearing shall be conducted in accordance with the provisions of Env-C 200 that apply to adjudicative proceedings.

(f) If the recipient shows that the delay in expending the funds was based on an excusable delay, the department shall not cancel the financial assistance agreement.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 507.07 Disbursements {#sec-env-wq-507.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.07}

(a) To obtain a disbursement for eligible work and equipment from the awarded funds, the recipient shall submit a written disbursement request to the department by mail, email, or fax.

(b) The written request shall include the following, as applicable to the request:

(1) The completed, signed Request for Disbursement form, NHDES-W-09-021, November 2022, available at https://onlineforms.nh.gov/?formtag=NHDES-W-09-021.

(2) A list of the invoices or payment requisitions included with the request, by number and date, separated into the appropriate classifications of funds;

(3) Invoices for equipment and materials delivered and properly stored;

(4) Invoices for engineering or consulting services;

(5) Payment requisitions from the contractor(s); and

(6) Invoices for eligible costs not covered under (3) through (5), above.

(c) The department shall approve the request if it determines that the costs covered by the request are eligible under Env-Wq 504.03 and the recipient’s financial assistance agreement.

(d) Upon approval of the request, the department shall authorize the disbursement to be made from the CWSRF.

(e) The recipient shall not make disbursement requests more frequently than once per calendar month per loan.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 507.08 Supplemental Agreement {#sec-env-wq-507.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.08}

(a) Upon completion of a project, the department shall:

(1) Prepare a supplemental loan agreement (SLA) to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the SLA to the recipient, who shall review and sign the SLA.

(b) Upon receipt of a signed SLA, the department shall sign the SLA and send a copy thereof to the recipient.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 507.09 Allonge {#sec-env-wq-507.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.09}

(a) Upon completion of a project by a non-governmental recipient, the department shall:

(1) Prepare an allonge to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the allonge to:

a. The SRF attorney for review; and

b. The recipient, who shall review and sign it.

(b) Upon receipt of a signed allonge, the department shall sign the allonge and send a copy thereof to the recipient.

History

• #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 507.10 Repayments {#sec-env-wq-507.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.10}

(a) The loan recipient shall repay funds received and interest accrued thereon to the state as stipulated in the supplemental agreement or allonge, as applicable.

(b) Repayments shall:

(1 Not exceed the maximum repayment period established in the SLA or allonge; and

(2) Begin by the earlier of one year following the date of substantial completion of the project or one year following the scheduled completion date established in the financial assistance agreement.

(c) Should excusable delay be incurred beyond the scheduled completion date, the recipient shall request modification of the financial assistance agreement to account for the delays.

(d) If the recipient so requests, the department shall negotiate an appropriate modification of the financial assistance agreement.

(e) Any modification of the financial assistance agreement shall be negotiated with and approved by the recipient and the state prior to any formal modification of the financial assistance agreement.

(f) Loans may be repaid prior to the date stipulated in the financial assistance agreement with no prepayment penalty.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 507.09)

N.H. Code Admin. R. Ann. Env-Wq 507.11 Use of Funds; Return of Funds {#sec-env-wq-507.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.11}

(a) The recipient shall use and expend financial assistance provided from the CWSRF solely and exclusively for the payment of authorized eligible costs of the project for which the financial assistance was approved.

(b) If the recipient uses any funds provided from the CWSRF for anything other than eligible costs on the specific project for which such funds were furnished, the recipient shall return or otherwise repay to the department all such funds.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 507.10)

N.H. Code Admin. R. Ann. Env-Wq 507.12 Retainage on Construction Contracts {#sec-env-wq-507.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.12}

(a) The recipient shall withhold 10% of all partial payments as retainage until 50% of the project is complete.

(b) After the project is 50% complete, no additional retainage shall be withheld from any partial payments.

(c) Upon substantial or final completion of the project, the recipient shall reduce the retainage to 2%. The final 2% retainage shall be held during the one-year warranty period and released only after the recipient has accepted the project.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 507.11)

N.H. Code Admin. R. Ann. Env-Wq 507.13 Loan Amortization {#sec-env-wq-507.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.13}

(a) Loan repayment shall be made according to a fixed amortization schedule based on:

(1) The final project cost;

(2) The repayment period selected by the loan recipient; and

(3) The interest rate established in the supplemental agreement or allonge, as applicable.

(b) Loan amortization shall be made on a semi-annual or annual basis with either level debt service, or level payments of principal plus interest according to RSA 33:2, at the option of the loan recipient, over the repayment period selected by the loan recipient.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 507.12)

N.H. Code Admin. R. Ann. Env-Wq 507.14 Assurances {#sec-env-wq-507.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 507.14}

Prior to receipt of financial assistance, the recipient shall provide evidence of the following, as applicable:

(a) Approved project plans and specifications;

(b) Agreement to develop a user charge system as required by 40 CFR §35.2140 and sewer use ordinance as required by 40 CFR §35.2130, RSA 485-A:5, and Env-Wq 305 prior to 80% of construction completion;

(c) Compliance with best practicable waste treatment technology;

(d) The sewer collection system is not subject to excessive infiltration/inflow (I/I) as defined in 40 CFR 35.2005 (16), as required by 40 CFR §35.2120;

(e) Innovative and alternative treatment technologies were considered during design;

(f) Potential recreation and open space opportunities were considered;

(g) Compliance with federal DBE requirements, including bidding specifications, procurement efforts, and reporting accountabilities;

(h) Agreement to maintain project financial accounts as separate accounts and in accordance with generally accepted accounting principles (GAAP) as defined in 2 CFR Part 49;

(i) Agreement to conduct a financial audit in accordance with applicable federal requirements, such as 2 CFR Part 200 and OMB Circular A-133, for any fiscal year of the recipient in which federal funds from any source of $750,000 or greater are expended by the recipient or if otherwise required by the CWA or implementing regulations;

(j) A letter signed by an authorized representative certifying that the loan recipient who will be implementing the project has the necessary legal, financial, institutional, and managerial resources available to insure the construction, operation, and maintenance of the proposed project;

(k) For projects funded under §212 of the CWA, either:

(1) Certification that the applicant has developed and implemented an asset maintenance and renewal plan for the funded asset that includes:

a. An inventory of critical components of the funded asset(s);

b. An evaluation of the condition and performance of inventoried assets or asset groupings;

c. A certification that the recipient has evaluated and will be implementing water and energy conservation efforts as part of the plan; and

d. A plan for maintaining, repairing, and, as necessary, replacing the funded asset(s) and a plan for funding such activities; or

(2) An agreement to develop and implement an asset maintenance and renewal plan as described in (1), above;

(l) Agreement to provide notice of initiation of operation to the department upon beginning operation of the project; and

(m) Completion of value engineering for projects greater than $20 million in construction costs, provided that if the project is subject to 33 U.S.C. § 1298(c), value engineering shall be completed for projects costing greater than $10 million.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22 (formerly Env-Wq 507.13)

Part Env-Wq 508 Environmental Review

N.H. Code Admin. R. Ann. Env-Wq 508.01 Environmental Review Required {#sec-env-wq-508.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 508.01}

Any construction project for which a loan from the CWSRF is provided shall be reviewed for impacts on the human and natural environment in accordance with this part.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 508.02 General Procedure {#sec-env-wq-508.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 508.02}

(a) The department shall prepare an environmental review report for the applicant’s proposed construction project based on the information submitted by the applicant pursuant to Env-Wq 506.05(j).

(b) The environmental review shall result in one of the following:

(1) A categorical exclusion (CE);

(2) A finding of no significant impact (FNSI); or

(3) A requirement for the applicant to prepare an environmental impact statement (EIS).

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 508.03 Categorical Exclusion (CE) Review {#sec-env-wq-508.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 508.03}

(a) The department shall review the proposed project to determine whether the project qualifies for a CE.

(b) A CE determination shall be made if the project comprises only:

(1) Work on existing facilities where no new disruption of the environment will occur, such as correction of infiltration and inflow, replacement of equipment, or addition of small new structures on site; or

(2) Work where only a small disturbance is required, such as for upgrades, and no increase or expansion is planned.

(c) If the department determines that the project qualifies for a CE, the department shall:

(1) Prepare a review document describing the basis for its determination; and

(2) Publish a notice on its website that contains the following:

a. The name, mailing address, and daytime telephone number of the individual representing the applicant who can answer questions regarding the proposed project;

b. A link to an on-line copy of the CE determination or the name and daytime telephone number of the individual to contact to obtain a copy of the determination;

c. The name, mailing address, daytime telephone number, and e-mail address of the individual at the department to whom comments should be directed; and

d. The deadline for submitting comments, which shall be no sooner than 10 days from the date on which the notice is published.

(d) If comments are received by the department prior to the deadline specified in the notice that provide a reasonable basis for revisiting the CE determination, the department shall prepare an EA in accordance with Env-Wq 508.04.

(e) The department shall notify the applicant in writing if a determination is made to prepare an EA.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 508.04 Environmental Assessment (EA) {#sec-env-wq-508.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 508.04}

(a) For projects that do not qualify for a CE, the department shall prepare an EA in accordance with this section.

(b) The EA shall contain the following information:

(1) The purpose of and need for the proposed project;

(2) A list of all environmental concerns raised by the proposed project;

(3) A list of alternatives to the proposed project, including a no action alternative;

(4) Details of the recommended action, which shall be the proposed project or an alternative identified in the planning document prepared pursuant to Env-Wq 506.05(a) or (b), as applicable, that:

a. Is most likely to ensure compliance with federal and state water quality requirements over the projected life of the funded infrastructure; and

b. Best meets the criteria specified in Env-Wq 505.02(a)(1); and

(5) Mitigation measures required for the recommended action, if any.

(c) The department shall forward the EA to the applicant to distribute for review and comment in accordance with Env-Wq 508.05.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 508.05 Public Notification and Review Period {#sec-env-wq-508.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 508.05}

(a) Following the issuance of a draft EA, the department shall send a copy of the draft EA to the applicant.

(b) The applicant shall publish a notice in a daily newspaper of general circulation in the project’s community and on the applicant’s web site, if any, that the draft EA is open for public comment.

(c) The notice published pursuant to (b), above, shall specify:

(1) The name, mailing address, and daytime telephone number of the individual representing the applicant who can answer questions regarding the proposed project;

(2) The name and location of the public place where the draft EA can be reviewed or the name and daytime telephone number of the individual to contact to obtain a copy of the document and, if available, a link to an on-line copy of the draft EA;

(3) The name, mailing address, daytime telephone number, and e-mail address of the individual at the department to whom comments should be directed; and

(4) The deadline for submitting comments, which shall be no sooner than 30 days from the last date on which the notice is published.

(d) No formal action shall be taken during the public review period.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 508.06 Department Decision {#sec-env-wq-508.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 508.06}

(a) At the close of the review and comment period for an EA, the department shall make a determination in accordance with the following:

(1) If no comments are received that establish a reasonable basis for concluding that the project might have a significant adverse impact on the environment, the department shall issue a FNSI as the final action; or

(2) If comments are received that establish a reasonable basis for concluding that the project might have a significant adverse impact on the environment, the department shall direct the applicant to convene a public information meeting in accordance with applicable requirements, including RSA 91-A for governmental entities.

(b) Within 60 days of the public information meeting conducted pursuant to (a)(2), above, the department shall assess the comments and issue a written decision containing one of the following determinations:

(1) The department shall issue a FNSI if the department finds either that:

a. The comments received do not indicate that the proposed project will actually have a significant adverse impact on the environment;

b. The benefit to public health or the environment conferred by the project as proposed outweighs any significant adverse impact on the environment caused by the project as proposed; or

c. Any significant adverse impact on the environment caused by the project as proposed has been or will be addressed through another permit issued by the department, the Army Corps of Engineers, or EPA;

(2) If the department finds that the project is likely to have a significant adverse impact on the environment that could be lessened or eliminated by implementing an alternative proposal, the department shall order the applicant to re-review the proposed project to identify an alternative with less environmental impact;

(3) If the department finds that the project will have a significant adverse impact on the environment that could be lessened or eliminated by modifying the project as proposed to incorporate mitigating procedures, the department shall require mitigating procedures to be implemented as a condition of receiving financial assistance from the CWSRF; or

(4) If the department finds that the project will have a significant adverse impact on the environment that cannot be lessened or eliminated by implementing an alternative proposal or by incorporating mitigating procedures, the department shall:

a. Direct the applicant to initiate an EIS in accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. §§4321 - 4370f., and EPA procedures; and

b. Require the applicant to use a private consultant if the department finds that the applicant does not possess the requisite technical resources to prepare the EIS without the aid of a private consultant.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 508.07 Appeal {#sec-env-wq-508.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 508.07}

(a) Within 30 days of the date of the written department decision issued pursuant to Env-Wq 508.06(b), any person aggrieved by the decision may appeal the decision as a permitting decision as specified in RSA 21-O:14.

(b) If no petition for appeal is filed within the specified period, the decision shall be final upon the expiration of that period.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 508.08 Duration of Decision {#sec-env-wq-508.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 508.08}

Final decisions under this part shall be valid for 5 years. If a project is not initiated within that time period, a new environmental review shall be undertaken.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

Part Env-Wq 509 Procurement of Engineering Services

N.H. Code Admin. R. Ann. Env-Wq 509.01 Purpose {#sec-env-wq-509.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 509.01}

The purpose of this part is to establish the requirements for selecting and contracting with a consulting engineer for projects funded in whole or in part by the CWSRF that require engineering services.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 509.02 Listed Engineer Required for Funding {#sec-env-wq-509.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 509.02}

In order to receive funding from the CWSRF for engineering services for projects funded in whole or in part by the CWSRF that require the services of a professional engineer and for which pre-qualification is available under Env-C 500, the recipient shall contract only with a listed engineer, as defined in Env-C 502.10, who has been selected in accordance with this part.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 509.03 Solicitation of Proposals {#sec-env-wq-509.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 509.03}

(a) Prior to soliciting proposals, the recipient shall submit a copy of its request for proposals (RFP) for a particular wastewater project to the department.

(b) The department shall review the RFP to ensure that the RFP accurately describes the project for which bids are being solicited.

(c) The recipient shall:

(1) Modify the RFP if necessary in response to comments provided by the department, if any; and

(2) Send the RFP to at least 3 listed engineers.

(d) If the recipient does not receive 3 proposals in response to the initial solicitation, the recipient shall send the RFP to at least 3 additional listed engineers.

(e) Department review of the RFP shall not release the recipient from its obligation to prepare an accurate RFP to provide to potential bidders.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 509.04 Selection of a Consulting Engineer {#sec-env-wq-509.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 509.04}

Following receipt of proposals, the recipient shall:

(a) Interview at least 3 of the responding listed engineers to discuss the details of the proposal and other information such as:

(1) Experience with similar projects that have been successfully completed;

(2) Current workload and availability of personnel to be assigned to the project;

(3) References from clients with completed projects; and

(4) Names of intended subcontractors for professional services, if any;

(b) Rate the listed engineers in order of preference based on their respective qualifications to undertake the work, and list the factors used in making the choices;

(c) Inform the department in writing of:

(1) The name of the listed engineer selected by the recipient;

(2) The names of the recipient’s second and third choices;

(3) Details of the selected proposal; and

(4) Estimated dates for project commencement and completion;

(d) Inform the selected listed engineer in writing of the final terms of the proposal and that:

(1) The recipient has informed the department of the listed engineer’s selection by the recipient; and

(2) The department will be reviewing the process by which the recipient selected the listed engineer to determine whether the requirements of Env-Wq 509 have been met;

(e) Send a copy of the notification required by (d), above, to the department;

(f) Negotiate the proposed fee and contract terms with the selected listed engineer, such terms to be consistent with Env-Wq 509.05; and

(g) Repeat steps (a) through (f), above, if the interviews with the rated listed engineers fail to result in the selection of a consulting engineer for the project.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 509.05 Engineering Services Contracts for Expenditures of CWSRF Funds {#sec-env-wq-509.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 509.05}

(a) For all projects funded from the CWSRF that require consulting engineering services, the contract for such services shall contain the following:

(1) A description of the services to be provided by the consulting engineer, including the due date for any report or plans that will be prepared;

(2) The loan recipient’s responsibilities under the contract;

(3) The estimated time of completion of the services covered by the contract;

(4) Compensation to be paid to the consulting engineer; and

(5) Termination provisions.

(b) The recipient shall comply with all applicable procedures and incidental legal requirements in awarding the engineering services contract.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 509.06 Final Terms for Engineering Services Contracts; Contract Revisions {#sec-env-wq-509.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 509.06}

(a) On receipt of the draft engineering services contract from the recipient, the department shall review the draft contract to confirm that the contract conforms with Env-Wq 509.05.

(b) The department shall inform the selected listed engineer and the recipient in writing of any comments regarding the contract terms, proposed work, and fee, based on the department’s knowledge of work and fees for comparable projects in the state.

(c) The recipient shall submit to the department for review any revisions to the contract made subsequent to acceptance.

(d) In order for costs to remain eligible for funding from the CWSRF, the contract and any subsequent revisions shall be subject to negotiated changes if the department determines that the terms would result in payments to the listed engineer that do not qualify for reimbursement under applicable federal requirements, including but not limited to 2 CFR §§200.403-404.

(e) Subject to (f) and (g), below, the recipient shall submit the following contract forms, as applicable, for the final contract(s):

(1) For WWTF construction, the “Engineering Construction Phase Contract for Professional Services for Treatment Works form”, dated November 2022, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/grant-construction.docx;

(2) For WWTF design, the “Engineering Design Phase Contract for Professional Services for Treatment Works form”, dated November 2022, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/grant-design.docx; and

(3) For WWTF reports, “the Engineering Report Phase Contract for Professional Services for Treatment Works form”, dated November 2022, available at https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/2020-01/grant-report.docx.

(f) Any recipient that wishes to use an alternate contract form shall submit the request in writing to the department together with:

(1) A copy of the alternate contract form;

(2) A table that shows where each provision of the department’s contract form appears in the alternate contract form; and

(3) A legal opinion from an attorney licensed to practice in New Hampshire that the alternative contract form is the same in substance as the department’s contract form.

(g) The department shall allow the recipient to use the alternative contract form only if:

(1) Every provision in the department’s form appears in the alternative form with the same substantive meaning;

(2) No provision in the alternative form changes the meaning or otherwise precludes the full effect of the department’s form; and

(3) The legal opinion provided with the request confirms that there are no substantive differences between the alternative form and the department’s form.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 509.07 Consulting Engineer Status During Project Construction Phase; Resident Project Representative Supervision Required {#sec-env-wq-509.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 509.07}

(a) After the contract for engineering services has been signed by the recipient and the consulting engineer, the consulting engineer shall act as the agent for the recipient in all matters related to the project that also involve the department.

(b) Engineering services contracts for the construction phase of a project shall require a resident project representative to assure that the project meets the plans, technical specifications, and agreement for construction of the project.

(c) The consulting engineer shall notify the department in writing of the name of the resident project representative and all assistant engineers and construction inspectors, together with a brief history of the resident project representative’s construction experience.

(d) The consulting engineer shall notify the department of any request for a change or any actual change of resident project representative by submitting the name and qualifications of the proposed new resident project representative in writing to the department.

(e) The department shall approve the change if the proposed new resident project representative meets the criteria specified in Env-Wq 502.45.

(f) The department shall notify the consulting engineer of its decision on the proposed new resident project representative:

(1) By telephone, e-mail, or fax, as soon as practicable; and

(2) If the initial notice was by telephone, by sending written confirmation by email or fax within 30 days of receiving the written notification from the firm.

(g) If the department does not approve the proposed resident project representative, the notice provided pursuant to (f), above, shall specify the reason(s) for the decision.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

Part Env-Wq 510 Design, Construction, and Implementation Phases

N.H. Code Admin. R. Ann. Env-Wq 510.01 Plans and Specifications {#sec-env-wq-510.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.01}

(a) Pursuant to RSA 485-A:4, IX, the applicant shall submit plans and specifications for wastewater facilities for review and approval in accordance with Env-Wq 700.

(b) For projects to abate NPS pollution, the applicant shall submit plans and specifications that meet the applicable requirements of Env-Wq 1503.07 through Env-Wq 1503.09 and demonstrate compliance with the applicable provisions of Env-Wq 1508.

(c) For dam removal and repair projects, the applicant shall submit plans and specifications that meet the applicable requirements of Env-Wr 100 through Env-Wr 600.

(d) For subdivision and individual sewage disposal system projects, the applicant shall submit plans and specifications that meet the applicable requirements of Env-Wq 1000.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.02 Construction Contract Documents {#sec-env-wq-510.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.02}

(a) The recipient shall submit construction contract documents to the department for review and approval.

(b) No construction project shall be offered for public bid until the department has reviewed and approved the contract documents as specified in Env-Wq 510.03.

(c) The construction contract documents submitted by the recipient to the department shall contain the following information:

(1) Bidding requirements for the construction of the project that meet the requirements in Env-Wq 510.04, including bid advertisement or solicitation for competitive quotations, information for bidders, a bid proposal structure that separates eligible construction from ineligible construction, and applicable bid security requirements;

(2) Agreement and applicable requirements for the payment bond, performance bond, notice to proceed, and related documents such as the contractor’s affidavit, the contractor’s release, the certificate of substantial completion, and the format for change orders;

(3) Applicable federal requirements;

(4) Plans and specifications as specified in Env-Wq 510.01;

(5) Appendices including boring logs, permits and other details as appropriate;

(6) Provisions giving authorized representatives of the department access to all construction activities, books, records, and documents for the purpose of inspection, audit, and copying during normal business hours; and

(7) Such conditions, specifications, and other provisions as are required to comply with state and federal law.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.03 Department Review of Contract Documents {#sec-env-wq-510.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.03}

(a) The department shall review the contract documents submitted pursuant to Env-Wq 510.02 within 60 days of receipt.

(b) The department shall approve the contract documents if they:

(1) Meet the requirements stated in Env-Wq 510.02(c);

(2) Are consistent with all applicable state and federal requirements; and

(3) Are consistent with the report submitted pursuant to Env-Wq 506.05(a) or (b), as applicable.

(c) After the contract documents are approved, no changes to the contract documents shall be made unless the recipient obtains prior approval from the department pursuant to Env-Wq 510.06(d).

(d) After the contract documents are approved, no increases in project cost or scope shall be made unless the recipient obtains prior approval from the department pursuant to Env-Wq 510.06(e).

(e) Approval of the contract documents shall not relieve the applicant of any liabilities or responsibilities with respect to the design, construction, operation, or performance of the project.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.04 Bidding Requirements {#sec-env-wq-510.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.04}

Recipients of state or federal funds for projects covered under §211 or 212 of the CWA shall comply with the following bidding requirements:

(a) The bid period shall be not less than 30 calendar days;

(b) The advertisement for bids shall include the following information as commensurate with the nature and magnitude of the project:

(1) The project name and contract number;

(2) The location of work;

(3) A description of work to be performed;

(4) The names and addresses of persons receiving bids;

(5) The time and date at which the bids will be publicly opened and read aloud, and a statement that bids received after that time will not be accepted;

(6) An address and cost information for obtaining plans and specifications; and

(7) The addresses where plans and specifications can be examined.

(c) A bid security in the amount of 5% of the bid shall be required in the form of a certified check or a bid bond executed by a surety company authorized to do business in New Hampshire and made payable to the recipient;

(d) A 100% performance bond and a 100% payment bond shall be required;

(e) The recipient shall reserve the right to:

(1) Reject any or all bids;

(2) Accept any bid;

(3) Waive any informalities or minor defects on bids received; and

(4) Omit any bid item; and

(f) If any addenda to the bid are needed, the recipient shall:

(1) Submit the proposed addenda to the department for review as much in advance of issuing it as possible;

(2) Refrain from issuing the addenda without approval from the department; and

(3) Issue the approved addenda no less than 5 days prior to bid opening.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.05 Awarding Construction Contracts {#sec-env-wq-510.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.05}

(a) The recipient of financial assistance from the CWSRF for a construction project shall comply with all applicable legal procedures and other legal requirements in advertising for bids and awarding the construction contract.

(b) The text of the construction contract documents shall not vary from the text of the contract documents approved pursuant to Env-Wq 510.03 unless a change has been approved pursuant to Env-Wq 510.06.

(c) After receiving and reviewing bids, the recipient shall select the lowest responsive bid or competitive quotation, unless approval is requested and obtained from the department to award the contract to a higher bid or quotation based on the lowest bid or quotation not being from a responsible bidder.

(d) The recipient shall request approval from the department to award the construction contract by submitting the following to the department in writing:

(1) A revised, detailed total project cost estimate of eligible project costs, including construction, construction administration, and other costs;

(2) Evidence of advertisement for bids;

(3) A tabulation of all bids that were received;

(4) A letter signed by the recipient’s authorized representative indicating the contract value and the name of the bidder to whom the contract is planned to be awarded;

(5) A copy of the bid proposal of the bidder to whom the contract is planned to be awarded;

(6) An itemized breakdown of bid quantities and associated costs eligible for CWSRF participation;

(7) For projects funded under §211 or §212 or both of the CWA, certification that the loan recipient has retained an engineer that is prequalified by the department under Env-C 500 to provide construction phase engineering services;

(8) Documentation assuring bidder compliance with EPA’s Disadvantaged Business Enterprise (DBE) participation requirements, 40 CFR Part 33, or other federal requirements for contracting with disadvantaged business enterprises, including but not limited to those specified in 2 CFR § 200.321, as applicable, including bidding specifications, procurement efforts, and reporting accountabilities; and

(9) Certification that all necessary permits, land acquisitions, and easements have been secured.

(e) The department shall approve the award of the construction contract if it determines that all applicable requirements have been met. The applicant shall not award the construction contract until after it has received written approval to do so from the department.

(f) For all construction projects funded by the CWSRF program, following receipt of approval from the department the recipient shall execute a construction contract with the selected contractor.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.06 Changes to Contract Documents and Project Cost or Scope {#sec-env-wq-510.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.06}

(a) After the contract documents have been approved by the department and prior to awarding the contract, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to or departure from the approved plans and specifications that would materially or significantly affect project cost, estimated revenues, or project design without the prior written approval of the department.

(b) A request to modify contract documents as described in (a), above, shall:

(1) Identify the specific change(s) for which approval is sought;

(2) Explain the reasons for the request, including an explanation of the operational or economic consequences of the requested changes not being approved; and

(3) Explain how the request meets the criteria specified in (d) or (e), below, as applicable.

(c) The department shall approve or deny the request within 10 working days of receipt of a request meeting the criteria of (b), above.

(d) For changes other than increases to project cost or scope, the department shall approve the requested change(s) in the contract documents if the recipient’s request demonstrates that the change(s) are:

(1) Consistent with applicable federal and state requirements; and

(2) In the best interests of the CWSRF and the public served or to be served by the project.

(e) The department shall approve a request for an increase in project cost or scope if the following criteria are met:

(1) The increased scope was not reasonably foreseeable at the time the original project proposal was submitted;

(2) The cost increase results in a total cost no greater than the prevailing rate for the item to which the cost is attributable such as, but not limited to, labor and materials;

(3) If the recipient is requesting additional CWSRF funds, the item to which the cost increase is attributable is an eligible cost as specified in Env-Wq 504; and

(4) If the recipient is requesting additional CWSRF funds, the fund has sufficient monies available at the time the request is filed to cover the proposed cost increase.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.07 Recipient’s Obligations for Inspections During Construction {#sec-env-wq-510.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.07}

(a) During the construction phase of the project, the recipient shall obtain the engineering or other consulting services necessary to assure completion of the project in accordance with the loan agreement and the approved plans and specifications.

(b) After the construction contract is awarded, the recipient shall provide for on-site inspections of the project by a resident project representative that are sufficient to provide assurance to the recipient and the department that the work is being performed in a satisfactory manner in accordance with the approved plans and specifications, approved alterations, and sound engineering principles and building practices.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.08 Department Inspections During Construction {#sec-env-wq-510.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.08}

(a) The recipient shall allow department personnel to inspect the project at any time in order to confirm that:

(1) The materials furnished meet the approved specifications; and

(2) The project is being built in accordance with the approved plans and specifications and any approved alterations.

(b) In conjunction with project inspections, the department shall:

(1) Inspect the materials that are visible at the time of the inspection to determine compliance with the approved plans and specifications; and

(2) Document the manner and progress of the project, conditions relating to the materials furnished, and on the contractor’s compliance with the approved plans and specifications for the project.

(c) Inspections by the department shall not release the contractor from any obligation to perform the work in accordance with the requirements of the contract documents, nor shall such inspections release the recipient and the resident project representative or consulting engineer from determining compliance with the requirements of the contract documents.

(d) The contractor and recipient shall provide the department with such accommodations as are needed for the department to determine whether the work as performed is in accordance with the requirements and intent of the contract.

(e) The department shall, as soon as practicable, bring to the attention of the recipient and the resident project representative, and the consulting engineer, if any, any discrepancies between the approved plans and specifications and the actual work observed of which it becomes aware through its inspections.

(f) Upon being notified of any such discrepancies, the recipient, the resident project representative, and the consulting engineer, if any, shall immediately:

(1) Initiate necessary action to rectify the deficiencies; or

(2) Provide documentation explaining the reason(s) for the discrepancy and demonstrating that the installation meets applicable requirements.

(g) If the recipient’s resident project representative or consulting engineer disagrees with the department as to whether material furnished or work performed conforms with the terms of the construction contract, the recipient shall direct the resident project representative or consulting engineer to reject questionable materials and initiate other action provided for in the construction contract, including suspension where necessary, until all disputed issues are resolved in accordance with the terms of the construction contract.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.09 Limitations on Project Modifications; Requests for Approval {#sec-env-wq-510.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.09}

(a) After construction has commenced, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to, or any departures from, the approved plans and specifications that would materially or significantly affect project cost, estimated revenues, or project design without prior written approval from the department.

(b) The recipient shall request such approval by submitting the following information in writing to the department:

(1) The name of the recipient and the name and location of the recipient’s water pollution abatement project;

(2) The loan agreement project number;

(3) A description of the modification(s) for which the recipient is seeking approval;

(4) The reason why the modification(s) is necessary; and

(5) The operational and economic consequences to the recipient and the project of the department not approving the modifications.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.10 Approval of Project Modifications {#sec-env-wq-510.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.10}

(a) Subject to (b) and (c), below, the department shall approve a request submitted pursuant to Env-Wq 510.09 if:

(1) The scope of the project as modified is consistent with the original intent of the financial assistance; and

(2) If additional CWSRF funds are requested, the increased cost is approvable under the criteria established in Env-Wq 505.

(b) The department shall review the request and notify the recipient and resident project representative and consulting engineer, if any, as soon as practicable considering the scope of the request.

(c) A change of project scope, such as the addition of new construction items, shall not be eligible for additional funding after loan closing unless one of the following conditions are met:

(1) The change of scope is necessary due to an oversight, and is needed to provide a functional end result and not to replace faulty construction or equipment already funded; or

(2) The change of scope is necessary due to changes in federal or state requirements.

(d) The amount of funding provided from the CWSRF shall be increased only by a formal amendment in writing with the department, with governor and council approval.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.11 Construction Phase Submittal {#sec-env-wq-510.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.11}

During the construction phase of the project, the recipient shall submit:

(a) A notice of completion of construction to the department, upon completion of project construction; and

(b) Any other construction-phase submittals required by the financial assistance documents to be submitted for the department's approval.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.12 Final Inspection and Review of Records {#sec-env-wq-510.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.12}

(a) Upon completion of any project for which financial assistance from the CWSRF has been provided, the recipient shall furnish to the department written notification of completion.

(b) Upon receipt of such notification, or upon project completion should notification not be furnished as required, and prior to the department approving the final loan disbursement, the department shall:

(1) Conduct a final on-site inspection of the project with the recipient or the recipient’s designee; and

(2) Review the recipient’s records relative to funds furnished to the recipient from the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 510.13 Project Performance Certification {#sec-env-wq-510.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 510.13}

(a) One year after the initiation of operation, the recipient shall certify that any project constructed or otherwise implemented using funds made available through the CWSRF meets applicable design specifications and any applicable effluent limitations.

(b) The certification required by (a), above, shall include the following information and certification:

(1) The recipient’s name;

(2) The CWSRF project number;

(3) A brief project description;

(4) The name and title of the authorized representative providing the certification;

(5) The date of the certification;

(6) A statement that the project meets applicable design standards; and

(7) A statement either that the project is not subject to any effluent limitations or that the project is in compliance with all applicable effluent limitations.

(c) The authorized representative shall sign and date the certification. Such signature shall constitute certification by the applicant that:

(1) The information provided is true, complete, and not misleading to the best of the signer’s knowledge and belief;

(2) The signer understands that any official department determination that the recipient has complied with the terms and conditions of the loan that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200.; and

(3) The signer is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements.

(d) If the signer is or is acting on behalf of a listed engineer as defined in Env-C 502.10, the signature also shall constitute certification that the signer understands that the submittal of false, incomplete, or misleading information is grounds for debarring the listed engineer from the roster.

(e) The recipient may use a form obtained from the department to provide the certification required by (a), above.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

Part Env-Wq 511 Waivers

N.H. Code Admin. R. Ann. Env-Wq 511.01 Purpose {#sec-env-wq-511.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 511.01}

The purpose of the rules in this part is to accommodate situations in which strict compliance with all rules in this chapter may not be in the best interests of the public or the CWSRF.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 511.02 Procedures {#sec-env-wq-511.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 511.02}

(a) Any applicant or recipient who is or would be directly and adversely affected by the strict application of a rule in Env-Wq 500 may request a waiver thereof.

(b) Each request for a waiver shall be filed in writing.

(c) Each request for a waiver shall include the information specified in Env-Wq 511.03 and be signed as required by Env-Wq 511.04.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 511.03 Content and Format of Requests {#sec-env-wq-511.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 511.03}

The person requesting the waiver shall provide the following information:

(a) The name, mailing address, and daytime telephone number of the requestor;

(b) The project to which the waiver request relates;

(c) The number(s) of the specific section(s) of the rules for which a waiver is sought;

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

(e) If applicable, a full explanation of the alternate(s) proposed to be substituted for the requirement in the rule, including documentation or data, or both, to support the alternative;

(f) Whether the need for the waiver is time-limited and, if so, the estimated length of time the waiver will be needed; and

(g) A full explanation of why the applicant believes that having the waiver granted will meet the criteria specified in Env-Wq 511.05.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 511.04 Signature Required {#sec-env-wq-511.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 511.04}

(a) The person requesting the waiver shall sign the request.

(b) The signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the best of the signer’s knowledge and belief; and

(2) The signer understands that any waiver granted based on false, incomplete, or misleading information shall be subject to revocation; and

(3) The signer is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements.

(c) If the signer is or is acting on behalf of a listed engineer as defined in Env-C 502.10, the signature also shall constitute certification that the signer understands that the submittal of false, incomplete, or misleading information is grounds for debarring the listed engineer from the roster.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 511.05 Criteria {#sec-env-wq-511.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 511.05}

(a) Subject to (b), below, the department shall grant a waiver if:

(1) Granting the waiver, conditional upon implementation of alternatives, if applicable, will result in circumstances that are as protective of the public, the environment, and the integrity of the CWSRF program as complying with the requirements contained in this chapter;

(2) Granting the waiver, conditional upon implementation of alternatives, if applicable, will not adversely impact the department’s obligations under RSA 486, the CWA, or any capitalization grant; and

(3) Strict adherence to the rule would not be in the best interest of the public, the environment, or the CWSRF.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify a state or federal statutory requirement, including but not limited to any requirement of RSA 486, the CWA, or a capitalization grant, unless:

(1) Such statute or grant expressly provides that the requirement may be waived or modified; and

(2) In the case of a federal statute or capitalization grant, EPA does not object to granting the waiver.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

N.H. Code Admin. R. Ann. Env-Wq 511.06 Decisions {#sec-env-wq-511.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 511.06}

(a) The department shall notify the person requesting the waiver of the decision in writing within 30 days of receiving a complete request. If the request is denied, the department shall specify the reason(s) for the denial in the notice.

(b) The department shall include such conditions in a waiver as are necessary to ensure that the criteria specified in Env-Wq 511.05 are met, including if applicable the implementation of alternatives.

(c) If the need for a waiver is temporary, the waiver shall specify the date on which it will expire.

Appendix A: State And Federal Statutes, Regulations Implemented

Rule

State Statute(s) Implemented

Federal Statute(s), Regulations Implemented

Env-Wq 501-502

RSA 486:14

33 U.S.C. §§1251-1387; 40 CFR Part 35, Subparts I & K

Env-Wq 503

RSA 486:14

33 U.S.C. §§1251-1387; 40 CFR §35.2012, 3110 , 3135

Env-Wq 504

RSA 486:14

33 U.S.C. §§1251-1387; 40 CFR §35.3115, 3120, 3125,

Env-Wq 505

RSA 486:14

33 U.S.C. §§1251-1387; 40 CFR §35.3150

Env-Wq 506

RSA 486:14

33 U.S.C. §§1251-1387; 40 CFR Part 35, Subparts I & K

Env-Wq 507

RSA 486:14

33 U.S.C. §§1251-1387; 40 CFR §35.3120, 3135

Env-Wq 508

RSA 486:14

33 U.S.C. §§1251-1387; 40 CFR 35.2113, 3140

Env-Wq 509

RSA 485-A:4, XIII;

RSA 486:14

33 U.S.C. §§1251-1387; 40 CFR Part 35, Subparts I & K

Env-Wq 510

RSA 486:14

33 U.S.C. §§1251-1387; 40 CFR Part 35, Subparts I & K

Env-Wq 511

RSA 541-A:22, IV

Appendix B: Statutory Definitions

RSA 485-A:2:

VI. “Industrial waste” means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources.

VIII. “Other wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substance harmful to human, animal, fish or aquatic life.

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

IX-a. “Septage” means material removed from septic tanks, cesspools, holding tanks, or other sewage treatment storage units, excluding sewage sludge from public treatment works and industrial waste and any other sludge.

X. “Sewage” means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.

XI-a. “Sludge” means the solid or semisolid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department is considered solid waste and regulated under RSA 149-M.

XIX. “Wastewater facilities” means the structures, equipment, and processes required to collect, convey, and treat domestic and industrial wastes, and dispose of the effluent and sludge.

XVI-a. “Wastewater treatment plant” means the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.

History

• (See Revision Notes #1-#3 at chapter heading for Env-Wq 500) #10984, eff 12-1-15; ss by #13511, eff 12-20-22

Chapter Env-Wq 700 Standards of Design and Construction for Sewerage and Wastewater Treatment Facilities

Part Env-Wq 701 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 701.01 Purpose {#sec-env-wq-701.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 701.01}

The purpose of this chapter is to protect public health and the environment by establishing minimum technical standards and requirements for the planning, design, and construction of sewerage and wastewater treatment facilities, including solids handling and disposal facilities.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 701.02 Applicability {#sec-env-wq-701.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 701.02}

(a) Env-Wq 700 shall apply to any person that designs or constructs new sewerage, wastewater treatment, or solids handling and disposal facilities or any appurtenances related thereto.

(b) For purposes of proposed upgrades or other modifications to existing sewerage, wastewater treatment, or solids handling and disposal facilities or any appurtenances related thereto, the following provisions shall apply:

(1) Env-Wq 702 relative to definitions;

(2) Env-Wq 703 relative to engineering design documents; and

(3) All provisions of Env-Wq 704 through Env-Wq 719 that directly apply to the system(s) proposed to be upgraded or modified.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 702 Definitions

N.H. Code Admin. R. Ann. Env-Wq 702.01 Annual average design flow {#sec-env-wq-702.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.01}

“Annual average design flow” means the entire volume of flow, including all infiltration and inflow (I/I), discharged in one year, expressed as a daily rate.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.02 Beneficial use {#sec-env-wq-702.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.02}

“Beneficial use” means “beneficial use” as defined in Env-Wq 802.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.03 Biochemical oxygen demand (BOD5) {#sec-env-wq-702.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.03}

“Biochemical oxygen demand (BOD5)” means the amount of oxygen used by microorganisms in the biochemical oxidation of decomposable organic matter under aerobic conditions over a 5-day period, as expressed in milligrams per liter (mg/L).

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.04 Clean Water Act (CWA) {#sec-env-wq-702.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.04}

“Clean Water Act (CWA)” means the Federal Clean Water Act, Pub. L. 92-500 as amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117, Pub. L. 100-4, and 33 U.S.C. 1251 et seq.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.05 Collector sewer {#sec-env-wq-702.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.05}

“Collector sewer” means a lateral sewer installed primarily to collect wastewater directly from individual building sewers or private property.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.06 Cross-country locations {#sec-env-wq-702.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.06}

“Cross-country locations” means locations not otherwise defined as roadway locations.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.07 Department {#sec-env-wq-702.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.07}

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

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.08 Discharge permit {#sec-env-wq-702.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.08}

“Discharge permit” means a national pollutant discharge elimination system (NPDES) permit or a New Hampshire groundwater discharge permit.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.09 Engineer {#sec-env-wq-702.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.09}

“Engineer” means the engineer of the owner, acting individually or through duly-authorized representatives.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.10 HS-20 loading {#sec-env-wq-702.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.10}

“HS-20 loading” means the force imposed by a pair of 16,000 pound concentrated loads, one located over the point in question and the other located 72 inches distant, so as to simulate the tire loads of a truck.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.11 Industrial waste {#sec-env-wq-702.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.11}

“Industrial waste” means “industrial waste” as defined by RSA 485-A:2, VI, as reprinted in Appendix C.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.12 Interceptor sewer {#sec-env-wq-702.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.12}

“Interceptor sewer” means a sewer designed to collect wastewater from collector sewers and transport it to a wastewater treatment plant.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.13 Local legislative body {#sec-env-wq-702.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.13}

“Local legislative body” means “legislative body” as defined by RSA 21:47, as reprinted in Appendix C.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.14 Maximum daily flow {#sec-env-wq-702.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.14}

“Maximum daily flow” means the largest volume of flow anticipated to occur during a 24-hour period.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.15 Maximum monthly flow {#sec-env-wq-702.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.15}

“Maximum monthly flow” means the largest volume of flow anticipated to occur during a continuous 30-day period, expressed as a daily rate.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.16 Minimum daily flow {#sec-env-wq-702.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.16}

“Minimum daily flow” means the smallest volume of flow anticipated to occur during a 24-hour period.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.17 Minimum monthly flow {#sec-env-wq-702.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.17}

“Minimum monthly flow” means the smallest volume of flow anticipated to occur during a continuous 30-day period, expressed as a daily rate.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.18 Municipality {#sec-env-wq-702.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.18}

“Municipality” means a city, town, district, county, or other public body created under state law and having jurisdiction over treatment and disposal of wastewater.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.19 National Electric Code (NEC) {#sec-env-wq-702.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.19}

“National Electric Code (NEC)” means the National Electric Code as adopted under RSA 155-A:1, IV and RSA 155-A:2, I.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.20 Owner {#sec-env-wq-702.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.20}

“Owner” means the municipality or private owner for which sewerage or wastewater treatment facilities are designed or constructed.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.21 Peak instantaneous flow {#sec-env-wq-702.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.21}

“Peak instantaneous flow” means the maximum anticipated instantaneous flow expressed in gallons per minute (gpm).

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.22 Peak hourly flow {#sec-env-wq-702.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.22}

“Peak hourly flow” means the largest volume of flow anticipated to occur during a one-hour period, expressed in gpm.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.23 Person {#sec-env-wq-702.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.23}

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

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.24 Pressure sewer {#sec-env-wq-702.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.24}

“Pressure sewer” means a system of individual grinder pumps connected using small diameter collector sewers to grind, collect, and convey sewage to an interceptor sewer or a wastewater treatment plant.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.25 Privately owned {#sec-env-wq-702.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.25}

“Privately owned” means ownership by a person other than a municipality.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.26 Roadway locations {#sec-env-wq-702.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.26}

“Roadway locations” means all parking lots, traveled ways, and roadway shoulders.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.27 Sewage {#sec-env-wq-702.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.27}

“Sewage” means “sewage” as defined in RSA 485-A:2, X, as reprinted in Appendix C.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.28 Sewer {#sec-env-wq-702.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.28}

“Sewer” means a pipe or conduit used to convey sewage.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.29 Sewer appurtenances {#sec-env-wq-702.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.29}

“Sewer appurtenances” means components of a sewer other than pipe, such as manholes, tees, wyes, chimneys, cleanouts, and siphons.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.30 Sewerage {#sec-env-wq-702.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.30}

“Sewerage” means a system of pipes, pumping facilities, and appurtenances for the collection and conveyance of sewage and liquid wastes.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.31 Standard scale {#sec-env-wq-702.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.31}

“Standard scale” means the commonly used drafting scales of engineers and architects including, but not limited to, 1:10, 1:20, 1:40, 1:50, 1:100, and 1/8 inch, 1/4 inch, 3/8 inch, 1/2 inch, 3/4 inch, and 1 inch to the foot.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.32 Standard dimension ratio (SDR) {#sec-env-wq-702.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.32}

“Standard dimension ratio (SDR)” means the ratio of outside pipe diameter to pipe wall thickness, as used in the pipe manufacturing industry.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.33 Total suspended solids (TSS) {#sec-env-wq-702.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.33}

“Total suspended solids (TSS)” means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and which are removable by a 0.45 micron filter.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 702.34 Wastewater treatment plant (WWTP) {#sec-env-wq-702.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 702.34}

“Wastewater treatment plant (WWTP)” means “wastewater treatment plant” as defined by RSA 485-A:2, XVI-a, as reprinted in Appendix C. The term does not include conventional septic tank and leach field systems as regulated under RSA 485-A:29.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 703 Engineering Design Documents

N.H. Code Admin. R. Ann. Env-Wq 703.01 Submittal of Design Drawings, Technical Specifications, and Supporting Documentation {#sec-env-wq-703.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 703.01}

(a) The owner shall submit design drawings, technical specifications, and supporting documentation for proposed new or modified publicly or privately owned sewerage and WWTPs to the department for approval in accordance with this part.

(b) In addition to (a) above, the owner shall submit an application for a sewer connection permit to the department for any proposed sewer, pursuant to the requirements of Env-Wq 703.07(a).

(c) All design drawings, technical specifications, and supporting documentation submitted to the department for review and approval shall be:

(1) Prepared or reviewed by an engineer licensed in the state of New Hampshire pursuant to RSA 310-A:2 through RSA 310-A:27;

(2) Stamped and signed by the engineer who prepared or reviewed them; and

(3) Accompanied by a summary transmittal letter that includes:

a. The name and address of the engineering firm and engineer responsible for design;

b. A brief description of the project scope;

c. A statement by the engineer that the plans and specifications are in substantial compliance with the Env-Wq 700 requirements, with the exception of any waiver requests, which shall be identified and listed in this letter; and

d. The signature and seal of the engineer responsible for design.

(d) The owner shall submit the following number of sets of plans, design drawings, technical specifications, and supporting documentation:

(1) For state- or federally-funded projects:

a. For initial review, 2 printed sets; and

b. For final review and approval, one complete printed set, 2 additional printed copies of the cover sheet, and 2 electronic sets submitted on 2 separate compact disks or DVDs; and

(2) For other projects:

a. For initial review, one printed set; and

b. For final review, one complete printed set, 2 additional printed copies of the cover sheet, and 2 electronic sets submitted on 2 separate compact disks or DVDs.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 703.02 Technical Specifications and Supporting Documentation {#sec-env-wq-703.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 703.02}

(a) Complete technical specifications and supporting documentation for the construction of sewerage and WWTPs shall accompany the design drawings submitted pursuant to Env-Wq 703.01.

(b) The technical specifications shall describe the following information as applicable to the proposed project:

(1) All construction information not shown on the drawings that is necessary to inform the contractor of the design requirements and the quality of materials, workmanship, and fabrication of the project;

(2) The type, size, operating characteristics, and rating requirements of all mechanical and electrical equipment;

(3) Laboratory fixtures and equipment;

(4) Operating tools;

(5) Pipe and other construction materials;

(6) Special filter materials;

(7) Sewer appurtenances;

(8) Chemicals that will be used as part of the wastewater treatment process;

(9) Instructions for testing materials and equipment as necessary to meet design standards; and

(10) Performance tests for the completed works and component units.

(c) The supporting documentation shall include:

(1) For all projects:

a. Soil investigations, borings, and geotechnical reports;

b. Flotation calculations for buried structures; and

c. Design flood elevations determined in accordance with Env-Wq 706.03; and

(2) For sewerage and sewage pump station projects, design calculations for:

a. Determination of the average daily flow, peak hourly flow, and infiltration allowance;

b. Flow velocities and depths within gravity sewers and channels;

c. System head curves for force mains and pump capacity curves for all anticipated pump station operating conditions; and

d. Pump cycle times, wet well volume requirements, and sewage retention times of wet wells and force mains.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 703.03 Design Drawings {#sec-env-wq-703.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 703.03}

(a) All design drawings shall include the following information:

(1) A title citing the project name, location, and owner;

(2) The scale;

(3) The north arrow;

(4) The name and signature of the engineer, and the imprint or stamp of their New Hampshire professional engineering license seal;

(5) The date of the original issue and all revisions;

(6) The initials of the designer, draftsperson, checker, and responsible engineer;

(7) The dimensions and relative elevations of all structures;

(8) The locations and outlines of all mechanical equipment;

(9) The locations and sizes of all piping;

(10) Water levels;

(11) Existing and proposed ground elevations;

(12) A topographic map of the proposed project site;

(13) The date and source of survey data; and

(14) Plan sheet match lines for plan and profile views when more than one sheet is required for the design drawings.

(b) The design drawings shall be clear, legible, and drawn to a standard scale which permits all necessary information to be plainly shown.

(c) The design drawings shall not be larger than 24 inches by 36 inches in dimension.

(d) A vertical datum shall be indicated and, if different from the national geodetic vertical datum of the United States Geological Survey (USGS), its relationship thereto shall be noted.

(e) For any test borings:

(1) The locations of the test borings shall be shown on the plans; and

(2) Boring logs and soils sampling protocol shall be included in the specifications.

(f) The design drawings shall include plan views, elevations, sections, and supplementary views which, together with the specifications and general layouts, provide the working information for the contract and construction of the works.

(g) The following information shall be submitted by the engineer:

(1) A location plan showing the location of all parts of the project with respect to municipal boundaries and the location and extent of the tributary area within the project area;

(2) Detail plan and profile sheets of all proposed sewerage;

(3) Details of construction of manholes, siphons, and other sewer appurtenances;

(4) General and detail plans for WWTPs and sewage pumping stations; and

(5) Technical specifications for all proposed construction.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 703.04 Design Drawings for Sewerage {#sec-env-wq-703.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 703.04}

Design drawings for proposed sewerage shall, in addition to meeting the applicable requirements of Env-Wq 703.01 through Env-Wq 703.03, include the following:

(a) Contour lines at 2-foot intervals and elevation of existing and proposed project area;

(b) The locations of all streams and other surface waters within the proposed project area, including their direction of flow and water surface elevations at the time of survey;

(c) 100-year flood elevations, if available;

(d) The boundary lines of the municipality, sewer district, or other area to be sewered;

(e) The location, size, and direction of flow of all existing and proposed sewers;

(f) Insets and detail sections with the scale shown directly beneath their subtitles;

(g) Plan and profile views in which the plan view is placed at the top;

(h) Plans clearly showing the location of:

(1) All existing structures affecting the project;

(2) Existing and proposed sewer outlets or overflows; and

(3) All other utilities in the vicinity of the proposed sewerage;

(i) The locations of existing, proposed, and future sewerage as differentiated by appropriate symbols or designations;

(j) All topographical symbols and conventions as employed by the USGS;

(k) The horizontal distance or stationing between manholes, grades in feet per foot, and sewer sizes, types, and class;

(l) All sewer appurtenances depicted by symbols and referenced by a legend, with detail drawings of all sewer appurtenances accompanying the detail sewerage plans;

(m) Profiles indicating:

(1) All manholes with manhole identification numbers;

(2) Existing and proposed water main crossings with elevations;

(3) Siphons;

(4) Sewage pumping stations; and

(5) In the case of stream crossings, the elevations of stream beds, flow lines, and the type of pipe;

(n) The sizes and gradients of sewers, surface elevations, first floor house elevations, and sewer inverts shown at or between each manhole;

(o) Finish grade elevations;

(p) Elevations of manhole inverts shown to the nearest 0.01 foot;

(q) All elevations referenced to a standard datum that is indicated on the plans; and

(r) As specified by the engineer, any special precautions or methods of construction necessary to prevent surface water pollution.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 703.05 Design Drawings for Sewage Pumping Stations {#sec-env-wq-703.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 703.05}

Design drawings for proposed sewage pumping stations shall, in addition to meeting the applicable requirements of Env-Wq 703.01 through Env-Wq 703.04, include the following:

(a) Existing sewage pumping station locations and elevations;

(b) The location(s) and elevation(s) of all proposed sewage pumping station(s), including provisions for installation of future pump(s) if required to meet full build-out of the service area; and

(c) If applicable, 100-year and 500-year flood elevations.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 703.06 WWTP Plans {#sec-env-wq-703.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 703.06}

Design drawings for proposed WWTPs or modifications to existing WWTPs shall, in addition to meeting the applicable requirements of Env-Wq 703.01 through Env-Wq 703.05, include the following:

(a) A location plan that shows the WWTP in relation to the sewerage, including topographic features to indicate its location in relation to streams and the point of effluent discharge; and

(b) Layouts of the proposed WWTP or proposed modifications to an existing WWTP that include the following:

(1) Topography of the site using 2-foot contours;

(2) Dimensions, elevations, and location of all existing and proposed WWTP structures;

(3) Site boundaries including areas reserved for future expansion and all buildings or building lots within 600 feet of WWTP property;

(4) A process and instrumentation diagram showing the flow of sewage, sidestream flows, and sludge through the WWTP units;

(5) Piping, including any arrangements for bypassing individual units and the materials handled and direction of flow through pipes;

(6) Hydraulic profiles showing the annual average, maximum day, and peak instantaneous flow elevations;

(7) The high and low water level elevations of the water body to which the WWTP effluent discharges or is proposed to discharge;

(8) A summary of WWTP and unit process design criteria, capacity, and sizing; and

(9) A description of any features not otherwise covered by the technical specifications or reports.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 703.07 Sewer Connection Permit {#sec-env-wq-703.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 703.07}

(a) In addition to any other local or state requirements, any person proposing to construct or modify any of the following or any combination of the following shall submit an application for a sewer connection permit to the department:

(1) Any extension of an interceptor sewer, whether public or private, regardless of flow;

(2) Any wastewater connection or other discharge in excess of 5,000 gallons per day (gpd);

(3) Any wastewater connection or other discharge to a WWTP operating in excess of 80 percent design flow capacity or design loading capacity based on actual average flow or loadings for 3 consecutive months;

(4) Any sewage pumping station greater than 50 gpm or serving more than one building; or

(5) Any proposed sewer that serves more than one building.

(b) The applicant for a sewer connection permit shall provide the following to the department:

(1) Complete and submit electronically the "Sewer Connection Permit Application", NHDES-W-09-008, July 2026;

(2) All applicable engineering documents required by Env-Wq 703.01 through Env-Wq 703.05;

(3) The signature of and a statement from the engineer of record that the plans and specifications for the proposed sewer connection are in substantial compliance with requirements of Env-Wq 700, with the exception of any waiver requests identified in the application;

(4) A certification from the municipality providing sewerage collection facilities serving the proposed connection certifying that the municipal sewage collection system facilities have been demonstrated, pursuant to Env-Wq 703.07(c), to have adequate processing capability for the proposed added hydraulic flow and organic load at the time of connection and that the proposed sewer connection or sewerage design meet with the approval of the local jurisdictional authority;

(5) A certification from the municipality providing wastewater treatment facilities serving the proposed connection certifying that the municipal wastewater treatment system facilities have been demonstrated, pursuant to Env-Wq 703.07(c), to have adequate processing capability for the proposed added hydraulic flow and organic load at the time of connection; and

(6) The name, title, and signature of each municipality official who is authorized to sign on behalf of the municipality.

(c) The department shall issue a sewer connection permit or permit extension only if the receiving WWTP and the receiving sewerage are, or will be, capable of adequately processing the added hydraulic flow and organic load at the time of connection.

(d) A sewer connection permit shall be valid for 3 years from the date of issuance.

(e) Upon written request by a permittee, the department shall grant a maximum of one permit extension for 2 years from the date of issuance, if the receiving WWTP and the receiving sewerage are, or will be, capable of adequately processing the added hydraulic flow and organic load at the time of connection.

History

• #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25; ss by #14609, eff 7-1-26, EXPIRES: 7-1-36

N.H. Code Admin. R. Ann. Env-Wq 703.08 Project Revision and Approval Requirements {#sec-env-wq-703.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 703.08}

(a) For projects that receive any state or federal funds, the owner shall obtain written approval of the design plans and specifications from the department prior to bidding the project.

(b) For all other projects, the owner shall:

(1) Submit the design plans and specifications at least 30 days prior to the anticipated start of construction, as per RSA 485-A:4, VI; and

(2) Obtain written approval of such plans and specifications prior to commencing construction.

(c) No deviations from approved plans or specifications shall be made without prior written approval from the department in accordance with this chapter. All deviations from the original approved plans or specifications shall be reflected in the record drawings.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 703.09 Contract and Bidding Requirements {#sec-env-wq-703.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 703.09}

Owners of projects that might receive state or federal funds shall comply with all applicable requirements of Env-Wq 500.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 704 Design of Sewerage

N.H. Code Admin. R. Ann. Env-Wq 704.01 Type of Sewerage {#sec-env-wq-704.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.01}

(a) All new sewerage and extensions of existing sewerage shall be designed as separated sanitary and storm systems.

(b) Rain water from roofs, streets, and other paved areas, and groundwater from foundation drains, geothermal systems, and sump pumps shall be excluded from the sanitary sewer.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.02 Design Period {#sec-env-wq-704.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.02}

(a) Sewerage pipes, sewerage structures, and pumping facility structures shall be designed to accommodate flows anticipated for the projected 50-year build-out of the project service area.

(b) Sewerage pumping equipment shall be designed to accommodate flows anticipated for the projected 20-year build-out of the project service area.

(c) Anticipated flows shall be calculated using population projections based on historical population data from the United States Census Bureau for no less than 20 years prior to filing the application.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.03 Design Flow Basis {#sec-env-wq-704.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.03}

(a) Sanitary waste flows from residentially-, commercially-, or industrially-zoned areas shall be measured.

(b) For proposed facilities, sanitary waste flows shall be estimated on the basis of the following:

(1) For commercial areas, recreational facilities, or industrial parks, as specified in Tables 3-3, 3-4, and 3-5 of Metcalf and Eddy/AECOM, “Wastewater Engineering Treatment and Resource Recovery”, 5th edition, available as noted in Appendix B, unless design for a lower flow can be justified based on actual flow records or implementation of water conservation measures; and

(2) For residential areas, an average daily per capita flow as specified in Table 3-2 of Metcalf and Eddy/AECOM, “Wastewater Engineering: Treatment and Resource Recovery”, 5th edition, available as noted in Appendix B, unless design for a lower flow can be justified based on actual flow records or implementation of water conservation measures.

(c) New sewerage shall be designed to carry the peak hourly flow rate, calculated as the product of the average daily flow rate for the service area multiplied by a peaking factor. For gravity sewers, an infiltration allowance shall be added in accordance with (f), below.

(d) Peaking factors for average daily flow rates in excess of 100,000 gpd shall be as derived from Figure 2.1 of TR-16, “Guides for the Design of Wastewater Treatment Works”, by the New England Interstate Water Pollution Control Commission, revised 2016 Edition, available as noted in Appendix B. A peaking factor of 6 shall be used for average daily flows less than 100,000 gpd.

(e) Design of interceptor sewers shall be based on the greater of the estimated future peak contributory flow from the collection system served or 2.5 times the estimated future average daily flow of the tributary system.

(f) Infiltration allowance for the design of gravity sewers shall be as follows:

(1) For areas to be sewered in the future, an infiltration allowance of 150 gpd per acre shall be used;

(2) For sewers under design, an allowance of 300 gallons per inch diameter per mile per day shall be made; or

(3) For sewers in use as of March 25, 2006 intended to be connected by the interceptor sewer under design, infiltration shall be measured during high spring groundwater conditions.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.04 Details of Design and Construction of Gravity Sewers {#sec-env-wq-704.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.04}

(a) A gravity sewer may be smaller than 8 inches in nominal diameter only if the sewer:

(1) Is constructed on a dead-end or cul-de-sac street;

(2) Serves, or is planned to serve, no more than 10 residences;

(3) Has a total estimated flow no greater than 2,000 gpd; and

(4) Has a nominal diameter of 6 inches and a minimum pipe slope of 0.01 feet per foot.

(b) Sewers shall be buried to a minimum depth of 6 feet below grade in all roadway locations and to a minimum depth of 4 feet below grade in all cross-country locations.

(c) Sewer pipe diameter shall be determined using the following methodology:

(1) New sewers up to 15 inches in diameter shall be designed to flow half full;

(2) New sewers larger than 15 inches shall be designed to flow three-fourths full; or

(3) An engineering analysis that considers current and future design flow information and provides commensurate reserve capacity in the sewer.

(d) Sewers shall be designed and constructed at such slopes as to prevent deposition of solids, with a minimum flow velocity for design purposes of 2 feet per second when flowing full.

(e) The minimum allowable slope shall be as set forth in Table 704-1, below:

Table 704-1 Minimum Pipe Slope

Nominal Pipe Diameter

(Inches)

Minimum Slope

(feet/foot)

8

0.0040

10

0.0028

12

0.0022

14

0.0017

15

0.0015

16

0.0014

18

0.0012

21

0.0010

24

0.0008

27

0.0007

30

0.0006

36

0.0005

42

0.0004

48 and larger

0.0003

(f) The slope requirements set forth in (e), above, shall not be met by using sewers that are larger than required based on design flow calculations.

(g) Sewers smaller than 48 inches in nominal diameter shall be laid with straight alignment between manholes.

(h) When a smaller sewer joins a larger one, the invert of the larger sewer shall be lowered sufficiently to maintain the same hydraulic gradient. An approximate method which may be used for securing these results is to place the 0.8 depth point of both sewers at the same elevation.

(i) A reduction in the size of the outgoing sewer from a manhole shall be allowed only on sewers larger than 24-inch diameter and only if the capacity of the outgoing sewer is not exceeded.

(j) Where velocities greater than 10 feet per second are anticipated, the design shall incorporate measures to protect against pipe abrasion, displacement, and potential effects of hydraulic jumps. Velocities shall be calculated based on the peak hourly flow and hydraulic elements related to the depth of flow.

(k) Sewers on 15 percent slopes or greater shall be securely anchored.

(l) Sewers crossing streams or located within 10 feet of a stream embankment shall be protected against erosion.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.05 Gravity Sewer Construction Materials {#sec-env-wq-704.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.05}

The technical specifications shall specify the approved gravity sewer pipe and materials to be used on the project, as follows:

(a) Ductile iron pipe and fittings shall be certified by the manufacturer(s) as conforming to the following standards of the American Water Works Association (AWWA):

(1) AWWA C151/A21.51-23 for ductile iron pipe, centrifugally cast in metal- or sand-lined molds, for water, wastewater, and reclaimed water systems, available as noted in Appendix B; and

(2) AWWA C150/A21.50-21(R23) for thickness design of ductile iron pipe and with ASTM A536-24 for ductile iron castings, available as noted in Appendix B;

(b) Joints shall be mechanical type, push-on type, or ball-and-socket type as appropriate for the specific application;

(c) Plastic gravity sewer pipe and fittings shall be certified by the manufacturer as complying with the standards listed in Table 704-2, below:

Table 704-2 Plastic Pipe

ASTM Standard

Generic Pipe Material

Sizes Approved

D3034-24

Polyvinyl chloride (PVC), solid wall

All diameters

F794-21

PVC, profile, dual-walled corrugated

4-inch through 48-inch

F1760-16R20

PVC, recycled, non-pressure

All diameters

(d) Plastic sewer pipe shall have a pipe stiffness rating of at least 46 pounds per square inch at 5 percent pipe diameter deflection, as measured by the manufacturer in accordance with the ASTM D2412-21 standard, available as noted in Appendix B;

(e) Joint seals for PVC pipe shall be oil resistant compression rings of elastomeric material and certified by the manufacturer as conforming to the ASTM D3212-21 standard, available as noted in Appendix B, and shall be push-on, bell-and-spigot type;

(f) Concrete pipe shall be certified by the manufacturer as conforming to the AWWA C302-22 standard, available as noted in Appendix B;

(g) Pre-stressed concrete cylinder pipe and fittings shall be certified by the manufacturer as conforming to the AWWA C301-14(R19) standard, available as noted in Appendix B; and

(h) Joints for concrete cylinder pipe shall be made of oil resistant elastomeric material and certified by the manufacturer as conforming to the AWWA C301-14(R19) standard, available as noted in Appendix B.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.06 Gravity Sewer Pipe Testing {#sec-env-wq-704.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.06}

(a) All new gravity sewers shall be tested for water tightness by the use of low-pressure air tests.

(b) Low-pressure air testing shall be in conformance with the following testing standards:

(1) ASTM F1417-11a (2024) “Standard Practice for Installation Acceptance of Plastic Non-Pressure Sewer Lines Using Low-Pressure Air”, available as noted in Appendix B; or

(2) Uni-Bell PVC Pipe Association Uni-B-6-98, “Recommended Practice for Low-Pressure Air Testing of Installed Sewer Pipe”, available as noted in Appendix B.

(c) All new gravity sewers shall be:

(1) Cleaned and visually inspected using a lamp test and by introducing water to determine that there is no standing water in the sewer; and

(2) True to line and grade following installation and prior to use.

(d) All plastic sewer pipe shall be visually inspected and deflection tested not less than 30 days nor more than 90 days following installation.

(e) The maximum allowable deflection of flexible sewer pipe shall be 5% percent of average inside diameter. A rigid ball or mandrel with a diameter of at least 95% of the average inside pipe diameter shall be used for testing pipe deflection. The deflection test shall be conducted without mechanical pulling devices.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.07 Details of Design and Construction of Force Mains {#sec-env-wq-704.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.07}

(a) Force mains shall be sized to yield a cleansing velocity of 3 feet per second or greater at design pumping rate.

(b) Force mains shall be 4 inches or larger in nominal diameter except when used in conjunction with grinder pumps and necessary to achieve adequate cleansing velocity at design pumping rate.

(c) To prevent air locking, force mains shall be provided with an automatic air relief valve at each high point, installed within a manhole structure that meets the design requirements of Env-Wq 704.12 through Env-Wq 704.17.

(d) Force mains shall enter the gravity sewer system at the flow line of the receiving manhole.

(e) Force mains shall be provided with a drainage blow-off at each low point that:

(1) Has a properly valved connection for a vacuum truck or other suitable containment device; and

(2) Is installed within a manhole structure that meets the design requirements of Env-Wq 704.12 through Env-Wq 704.17, with sufficient space for handling the displaced waste without danger of pollution or health hazard.

(f) Force mains pipe joints shall include mechanical joint restraint or thrust blocks made from inorganic, corrosion-resistant material at all bends, elbows, tees, and junctions. Heat fused high density polyethylene joints do not require mechanical restraint or thrust blocking.

(g) Force mains shall be designed to withstand instantaneous hydrostatic pressures of at least 2.5 times the design total dynamic head or at least 100 psi, whichever is greater.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.08 Force Main Construction Materials. {#sec-env-wq-704.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.08}

(a) Force mains shall be constructed of ductile iron (DI), high density polyethylene (HDPE), or PVC material.

(b) Force mains shall be treated as gravity sewers for purposes of foundation bedding and backfill requirements.

(c) PVC pipe used for force mains shall be certified by its manufacturer as conforming to the ASTM D2241-24 or ASTM D1785-21a standards, available as noted in Appendix B.

(d) HDPE pipe used for force mains shall be certified by its manufacturer as conforming to the ASTM D3035-22 or ASTM F714-24 standards, available as noted in Appendix B.

(e) If DI pipe is used in an environment that could cause corrosion or other deterioration of or damage to an iron pipe, or otherwise reduce the typical life expectancy of the pipe, such as might occur with certain soil types, low pH levels, or water conditions, the pipe shall be protected against corrosion, such as with cathodic protection.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.09 Force Main Testing {#sec-env-wq-704.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.09}

Force mains shall be tested in accordance with AWWA C600-23, “Installation of Ductile-Iron Mains and Their Appurtenances” standard, available as noted in Appendix B, at a pressure equal to the greater of 150 percent of the design operating total dynamic head or at least 100 psi.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.10 Pressure Sewer Systems. {#sec-env-wq-704.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.10}

(a) A pressure sewer system shall have at least one grinder pump at each building or residence that is connected to the system.

(b) The minimum capacity requirements for a pressure sewer system and each grinder pump connected to a pressure sewer system shall be determined based on hydraulic modeling of the entire pressure sewer system and the main sewer to which the pressure sewer is proposed to be connected.

(c) A design report for a pressure sewer system shall be prepared by the engineer and submitted in accordance with Env-Wq 703.01.

(d) Pressure sewer design shall provide a minimum cleansing velocity of 2 feet per second.

(e) Pressure sewers shall be constructed with force main materials as specified in Env-Wq 704.08 and tested as specified in Env-Wq 704.09.

(f) Grinder pumps for pressure sewer systems shall be:

(1) Wet well type;

(2) Readily removable without manual disconnection of piping;

(3) Rotating type with a stationary hardened and ground stainless steel shredding ring with stainless steel cutters;

(4) Capable of reducing all components in typical domestic sewage, including a reasonable number of foreign objects, including but not limited to wood, paper, plastic, glass, and rubber, to a size that will pass through pump passages and a 1.25-inch nominal diameter pipe;

(5) Positioned so solids are fed into pump from the bottom in an upward flow;

(6) Capable of processing foreign objects without jamming, stalling, or overloading;

(7) Accessible for maintenance and replacement; and

(8) Equipped with:

a. Non-fouling sensing devices for high level alarms;

b. A visible alarm light;

c. An audible alarm;

d. A gravity-operated, integral anti-siphon valve with corrosion-resistant moving parts; and

e. A suitable receptacle and transfer switch in the electric supply panel for connection to a portable generator.

(g) A grinder pump tank shall be designed to withstand HS-20 loading if installed in a location where traffic loads are anticipated and consist of:

(1) A manhole meeting the requirements of Env-Wq 704.12 through Env-Wq 704.17;

(2) A reinforced concrete tank;

(3) A high density polyethylene tank; or

(4) A fiberglass-reinforced polyester resin using a filament wound process, layup, and spray technique.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.11 Trench Construction {#sec-env-wq-704.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.11}

(a) Pipe trench bedding material for excavation below grade shall be screened gravel or crushed stone meeting the ASTM C33/C33M-24a stone size No. 67 standard, available as noted in Appendix B.

(b) Subject to (c), below, the pipe sand blanket material shall be graded sand free from organic materials, graded such that 100 percent passes a ½-inch sieve and a maximum of 15 percent passes a #200 sieve.

(c) In lieu of the sand blanket specified in (b), above, a stone envelope 6 inches thick completely around the pipe using ¾-inch stone may be used.

(d) Pipe bedding material shall extend from a horizontal plane through the pipe axis to 6 inches below the bottom of the outside surface of the pipe.

(e) Pipe sand blanket material shall cover the pipe a minimum of 12 inches above the crown of the outside surface.

(f) Compaction shall be in 12-inch layers for bedding and blanket materials.

(g) Backfill material shall be compacted in no more than 3-foot thick layers to the ground surface except for road construction where the final 3 feet shall be compacted in no more than 12-inch thick layers to the road base surface.

(h) Trench backfill material in roadway locations shall be natural materials excavated from the trench during construction, excluding:

(1) Debris;

(2) Pieces of pavement;

(3) Organic matter;

(4) Top soil;

(5) Wet or soft muck;

(6) Peat or clay;

(7) Excavated ledge material;

(8) Rocks over 6 inches in the largest dimension; and

(9) Any material not approved by the engineer.

(i) Trench backfill at cross-country locations shall be as described in (h), above, except that top soil, loam, muck, or peat may be used provided the completed construction will be stable, and provided that access to the sewer for maintenance and reconstruction is preserved.

(j) Backfill shall be mounded 6 inches above original ground at cross country locations.

(k) Base course for trench repair shall meet the requirements of Division 300 of the “Standard Specifications for Road and Bridge Construction” of the New Hampshire department of transportation, available as noted in Appendix B.

(l) Where sheeting is placed alongside the pipe and extends below mid-diameter, the sheeting shall be cut off and left in place to an elevation not less than one foot above the top of the pipe and at least 3 feet below finished grade.

(m) Trenches for sewer pipes with slopes over 0.08 feet per foot, trenches for sewer pipes below seasonal high ground water level, and trenches for sewer pipes downstream of and within the hydraulic influence of waterways or wetlands shall have impervious trench dams constructed every 300 feet to prevent potential disturbance to pipe bedding and blanket materials.

(n) Precautions shall be taken to avoid groundwater pooling at the surface by providing drainage to a suitable outlet at catch basins or run-off swales.

(o) For trenches for sewer pipes in ledge, excavation shall extend to at least 12 inches below the bottom of the sewer pipe.

(p) All sewers shall be marked using metal-impregnated marking tape or tracer wire that can be located using metal detection equipment.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.12 Manholes: General Construction Requirements {#sec-env-wq-704.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.12}

(a) All component parts of manhole structures shall have the strength, leak resistance, and space necessary for the intended service.

(b) Manhole structures shall be designed to withstand HS-20 loading and shall not leak in excess of one gpd per vertical foot of manhole for the life of the structure.

(c) Barrels, cone sections, and concrete grade rings shall be constructed of precast reinforced concrete.

(d) Base sections shall be of monolithic construction to a point at least 6 inches above the crown of the incoming pipe.

(e) Horizontal joints between sections of precast concrete barrels shall be of an overlapping type, sealed for water-tightness using a double row of an elastomeric or mastic-like sealant.

(f) Pipe to manhole joints shall be as follows:

(1) Elastomeric, rubber sleeve with watertight joints at the manhole opening and pipe surfaces;

(2) Cast into the wall or secured with stainless steel clamps;

(3) Elastomeric sealing ring cast in the manhole opening with seal formed on the surface of the pipe by compression of the ring; and

(4) Non-shrink grouted joints where watertight bonding to the manhole and pipe can be obtained.

(g) Manhole cone sections shall be eccentric in shape.

(h) All precast sections and bases shall have the date of manufacture and the name or trademark of the manufacturer impressed or indelibly marked on the inside wall.

(i) All precast sections and bases shall be coated on the exterior with a bituminous damp-proofing coating.

(j) Manholes that are not replacing existing manholes shall have a brick paved shelf and invert constructed to conform to the size of pipe and flow. At changes in direction, the inverts shall be laid out in curves of the longest radius possible tangent to the center line of the sewer pipes. Shelves shall be constructed to the elevation of the highest pipe crown and sloped to drain toward the flowing through channel. Underlayment of invert and shelf shall consist of brick masonry. Inverts and shelves shall be placed after testing of the manhole.

(k) Replacement manholes where there is an established line and grade through which the sewer enters and exits the manhole shall have:

(1) A brick paved shelf and invert constructed to conform to the size of pipe and flow as required in (j) above;

(2) A precast concrete shelf and invert with the shelf constructed to the elevation of the highest pipe crown and sloped to drain toward the flowing through channel; or

(3) A fiberglass insert with the shelf constructed to the elevation of the highest pipe crown and sloped to drain toward the flowing through channel.

(l) When manhole depth is less than 6 feet, a reinforced concrete slab cover may be used in lieu of a cone section, provided the slab has an eccentric entrance opening and be capable of supporting HS-20 loads.

(m) The minimum internal diameter of manholes shall be 48 inches. For sewers larger than 24-inch diameter, manhole diameters shall be increased so as to provide at least 12 inches of shelf on each side of the sewer.

(n) In the flow channel, a drop of at least 0.1 feet shall be provided between incoming and outgoing sewers on all manholes.

(o) Slope across manholes shall be the average slope of the incoming and outgoing sewers. Design shall include measures to prevent hydraulic jumps across the manholes.

(p) Watertight manhole covers shall be used for all manholes located in flood-prone areas as determined by the municipality.

(q) Electrical equipment installed or used in manholes shall conform to the National Electric Code (NEC) adopted by reference in the state building code pursuant to RSA 155-A:1, IV, for installation in areas classified by the NEC as Class 1, Division 1.

(r) Precast bases shall be placed on a 6-inch layer of compacted bedding material that conforms to the ASTM C33/C33M-24a No. 67 stone standard, available as noted in Appendix B. The excavation shall be dewatered while placing bedding material and setting the base or pouring concrete.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.13 Manholes: Materials of Construction. {#sec-env-wq-704.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.13}

(a) Materials of construction for manholes shall be as follows:

(1) Concrete for manholes and concrete grade rings shall conform to the requirements for class AA concrete in the New Hampshire department of transportation’s “Standard Specifications for Road and Bridge Construction”, available as noted in Appendix B;

(2) Reinforcing for concrete manholes and concrete grade rings shall be steel or structural fibers that conform to the New Hampshire department of transportation’s “Standard Specifications for Road and Bridge Construction”, available as noted in Appendix B;

(3) Precast concrete barrel sections, cones, and bases shall be certified by their manufacturer(s) as conforming to the ASTM C478/C478M-22 standard, available as noted in Appendix B;

(4) The manhole frame and cover shall provide a 30-inch diameter clear opening;

(5) The manhole cover shall have the word “SEWER” in 3-inch letters cast into the top surface;

(6) The castings shall be of even-grained cast iron, smooth, and free from scale, lumps, blisters, sand holes, and defects;

(7) Contact surfaces of covers and frames shall be machined at the foundry to prevent rocking of covers in any orientation;

(8) Castings shall be equal to class 30 and certified by their manufacturer as conforming to the ASTM A48/48M-22 standard, available as noted in Appendix B; and

(9) Brick masonry for shelf, invert, and grade adjustment shall be certified by its manufacturer as complying with the ASTM C32-23 standard, available as noted in Appendix B, clay or shale, for grade SS hard brick, with no more than 5 layers of brick for grade adjustment.

(b) Materials of construction for manhole grade adjustment shall be as follows:

(1) Grade adjustment rings shall be constructed with either Grade SS hard brick that has been certified by its manufacturer as meeting the ASTM C32-23 standard, available as noted in Appendix B or reinforced concrete meeting the requirements of this section; and

(2) Grade adjustment rings shall:

a. Be sized to the opening of the manhole; and

b. Not obstruct the access to the manhole.

(c) Mortar used in manhole construction shall comply with the following:

(1) Mortar shall be composed of Type II Portland cement and sand with or without hydrated lime addition;

(2) Proportions in mortar of parts by volumes shall be as shown in table 704-4:

Table 704-4: Proportions of Cement, Sand, and Hydrated Lime

Hydrated Lime

Sand

Type II Portland Cement

None

4.5 parts

1.5 parts

0.5 part

4.5 parts

one part

(3) Cement shall be type II Portland cement that is certified by its manufacturer as conforming to the ASTM C150/C150M-24 standard, available as noted in Appendix B;

(4) Hydrated lime shall be type S that is certified by its manufacturer as conforming to the ASTM C207-24 standard, available as noted in Appendix B;

(5) Sand shall consist of inert natural sand that is certified by its supplier as conforming to the ASTM C33/C33M-24a standard, available as noted in Appendix B; and

(6) Concrete for drop supports shall conform to the requirement for class AAA concrete of the New Hampshire department of transportation’s “Standard Specifications for Road and Bridge Construction” available as noted in Appendix B.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.14 Manholes: Steps {#sec-env-wq-704.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.14}

Manhole steps shall:

(a) Be permitted only at the request of the system owner;

(b) Be manufactured of stainless steel, plastic-covered steel, or plastic;

(c) Be shaped so that they cannot be pulled out of the concrete wall into which they are secured;

(d) Be certified by the manufacturer as meeting the ASTM C478/C478M-22 standard for load carrying capacity and pull-out resistance, available as noted in Appendix B;

(e) Not be secured with mortar;

(f) Be approximately 14 inches by 10 inches in dimension;

(g) Have a drop section or raised abutments to prevent sideways slippage off the step; and

(h) Have non-skid safety serrations on the foot contact surfaces.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.15 Manholes: Placement {#sec-env-wq-704.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.15}

Manholes shall be located as follows:

(a) Manholes shall be installed at the end of each gravity sewer, force main, and pressure sewer, at all intersections, and at all changes in grade, size, or alignment; and

(b) For gravity sewers only, in establishing a maximum space between manholes, the engineer shall not exceed the distance that can be cleaned by the cleaning equipment the owner already has on hand or proposes to obtain. In no case shall the distance between manholes be greater than the distances shown below in Table 704-5:

Table 704-5: Manhole Spacing Requirements

Sewer Diameter, inches

Maximum Distance between Manholes, feet

15 or less

400

18-30

500

36-48

600

48

1,000

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.16 Manholes: Drop Entry Construction Requirements {#sec-env-wq-704.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.16}

(a) The invert of the incoming pipe shall be no more than 6 inches above the invert of the outgoing pipe unless a drop entry pipe is used.

(b) Sewer slopes shall be adjusted to avoid differences in incoming and outgoing pipe inverts greater than 6 inches unless a drop entry pipe is used. Invert differences greater than 6 inches and less than 24 inches shall be eliminated by adjusting the sewer slope.

(c) A drop entry pipe shall be provided for any sewer entering a manhole at an elevation of 24 inches or more above the manhole invert. The drop pipe may be constructed internal or external to the manhole.

(d) The maximum size limits and number of internal drop pipes within a manhole shall be as shown in Table 704-6, below:

Table 704-6: Size Limits and Number Requirements for Internal Drop Pipes

Manhole Diameter

Internal Drop Pipe Size

Number of Pipes Required

4-foot, 0-inch

8-inch or 10-inch

1

5-foot, 0-inch

15-inch

1

8-inch or 10-inch

2

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.17 Manholes: Testing {#sec-env-wq-704.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.17}

(a) Manholes shall be tested for leakage using a vacuum test in accordance with the ASTM C1244/C1244M-20 standard, available as noted in Appendix B. A manhole may be backfilled prior to performing a vacuum test, but if the manhole fails the vacuum test, backfill shall be removed so repairs to the manhole can be made from the outside of the manhole prior to retesting.

(b) The manhole vacuum test shall conform to the following:

(1) The initial vacuum gauge test pressure shall be 10 inches Hg; and

(2) The minimum acceptable test hold time for a 1-inch Hg pressure drop to 9 inches Hg shall be:

a. Not less than 2 minutes for manholes less than 10 feet deep in depth;

b. Not less than 2.5 minutes for manholes 10 to 15 feet deep; and

c. Not less than 3 minutes for manholes more than 15 feet deep.

(c) The manhole shall be repaired and retested if the test hold times fail to achieve the acceptance limits specified in (b), above.

(d) Inverts and shelves shall not be installed until after successful testing is completed.

(e) Immediately following completion of the leakage test, the frame and cover shall be placed on the top of the manhole or some other means used to prevent accidental entry by unauthorized persons, children, or animals, until the contractor is ready to make final adjustment to grade.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.18 Inverted Siphons {#sec-env-wq-704.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.18}

(a) Inverted siphons shall have not less than 2 barrels with a minimum pipe size of 6 inches.

(b) Maintenance manholes and appurtenances shall be provided at both ends of the siphon to facilitate convenient flushing and maintenance of the siphons.

(c) Pipe sizes and a hydraulic head shall be selected to secure velocities of at least 3.0 feet per second for average design flows in each siphon.

(d) The inlet and outlet details shall be arranged so that flow can be diverted to one barrel, so that either barrel may be taken out of service.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.19 Protection of Water Supplies {#sec-env-wq-704.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.19}

(a) There shall be no physical connection between a public or private potable water supply system and any sewerage such that sewage or polluted water could pass into the potable supply. No water pipe shall pass through or come in contact with any part of any sewer or sewer manhole.

(b) No sewer shall be located within the applicable well protective radii established in Env-Dw 300 for any public water supply well or within 75 feet of any private water supply well.

(c) Sewers shall be located at least 10 feet horizontally from any existing or proposed water main.

(d) A deviation from the separation requirements of (b) or (c), above, shall be allowed where necessary to avoid conflict with subsurface structures, utility chambers, and building foundations, provided that the sewer is constructed with force main construction materials that meet the requirements in Env-Wq 704.08.

(e) Whenever sewers must cross water mains, the sewer shall be constructed as follows:

(1) Vertical separation of the sewer and water main shall be not less than 18 inches, with water above sewer; and

(2) Sewer pipe joints shall be located at least 6 feet horizontally from the water main.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 704.20 Service Connections {#sec-env-wq-704.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 704.20}

(a) Service connections shall use sanitary tee or wye fittings for all new sewer construction.

(b) The centerline of all building connections shall enter the top half of the sewer.

(c) Any service connection with a vertical rise up to 4 feet may have the sewer fitting set vertically.

(d) Any service connection with a vertical rise up to 12 feet shall employ non-encased risers that protect against pipe penetration or failure at the fitting by the use of bell-on-bell connections.

(e) For existing sewers where fittings cannot be installed, saddle connections shall be used.

(f) Pressure sewerage shall have an isolation and check valve assembly installed on each service lateral at the property line. The assembly shall consist of a check valve, a curb stop valve, and a curb box.

(g) Roof downspouts, exterior or interior foundation drains, sump pumps, or other sources of surface water run-off or groundwater shall not be directly or indirectly connected to a public sewer.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 705 Sewage Pumping Stations

N.H. Code Admin. R. Ann. Env-Wq 705.01 Sewage Pumping Station Design Requirements: General {#sec-env-wq-705.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.01}

(a) Sewage pumping stations shall be protected against flooding in accordance with Env-Wq 706.03(a), (b), and (d).

(b) Flood elevations shall be determined in accordance with Env-Wq 706.03(e) and (f).

(c) Each sewage pumping station shall be protected against extreme weather conditions, such as excessive heat or humidity or excessively cold temperatures, that could cause the pump station components to stop functioning.

(d) Sewage pumping stations and all ancillary equipment shall be accessible to personnel and service vehicles.

(e) Sewage pumping stations shall be designed to:

(1) Minimize energy consumption and lifecycle costs;

(2) Prevent surcharging of the sewage collection system during design conditions; and

(3) Prevent unauthorized discharge of raw sewage.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.02 Sewage Pumping Station Design Requirements: Wet Well and Dry Well Construction {#sec-env-wq-705.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.02}

(a) The wet well and the discharge manifold shall be configured to prevent grit from settling back into pump discharge lines of pumps that are not operating.

(b) Wet and dry wells including their superstructure shall be completely separated and sealed.

(c) Wet well designs shall avoid vortexing and air entrainment near the pump suction intakes.

(d) A separate sump pump shall be provided in the dry well to remove leakage or drainage, with the discharge above the alarm level of the wet well.

(e) Wet wells for sewage pumping stations of greater than 200 gpm capacity shall have either:

(1) Division walls so that the station can be kept in operation when work is required in the wet well; or

(2) A bypass connection to allow for connection of a pump around the wet well for maintenance, repairs, and construction.

(f) With the exception of sewage pumping stations subject to Env-Wq 705.03(n), the effective volume of the wet well shall be sized considering:

(1) A filling time of 30 minutes or less under design average daily flow rates;

(2) The pump type, motor size, and allowable frequency of starts per hour as follows:

a. For dry well motors, a maximum of 6 starts per hour for motors 25 hp and smaller, 4 starts per hour for motors between 33 and 100 hp and 2 starts per hour for motors between 135 and 270 hp; and

b. For submersible pumps that have motors designed to operate in liquid, a maximum of 10 starts per hour for motors less than 50 hp, 6 starts per hour for motors between 50 and 100 hp and 4 starts per hour for motors larger than 100 hp; and

(3) Provisions to limit the filling time under initial operating conditions to not exceed 30 minutes when the initial anticipated tributary sewage flows are significantly less than the design flows.

(g) The wet well floor shall have a minimum slope of 1 to 1 to the hopper bottom.

(h) The horizontal area of the hopper bottom shall be limited to that area required for proper installation and function of the inlet.

(i) Wet wells shall be designed to be watertight and gas tight.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.03 Sewage Pumping Station Design Requirements: Allowable Pump Types, Pump Controls, and Pump Size {#sec-env-wq-705.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.03}

(a) The following types of sewage pumping stations shall be allowed:

(1) Dry well or wet well type designs with pumps and drives located in a separate dry chamber with flooded suctions;

(2) Suction lift type with pumps and drives in a separate dry chamber; and

(3) Submersible type with pumps submerged.

(b) A minimum of 2 pumps, each designed to handle peak hourly flows, shall be provided.

(c) Where 3 or more pumps are provided, they shall be designed such that, with any one unit out of service, the remaining units shall have the capacity to handle peak hourly sewage flows.

(d) The use of jockey pumps shall be evaluated to optimize the efficiency of the pumping station operation.

(e) All pumps shall be protected from damage due to large solid objects.

(f) Sewage pumps, with the exception of grinder pumps, shall be capable of passing a 3-inch sphere. Pumps preceded by a grinder unit shall be capable of passing a 2.5-inch sphere.

(g) Submersible pumps shall be capable of removal without disconnecting pipes or dewatering and reseating using non-corroding guide rails or cables.

(h) Self-priming suction lift pump systems shall be designed such that:

(1) The system’s reprime capacity is greater than the static suction head; and

(2) The system’s available net positive suction head is at least 6 feet greater than the required net positive suction head.

(i) Pumps shall be protected by check valves from being driven in the reverse direction.

(j) Pump controls shall provide autostart of lag pump should lead pump fail to start.

(k) Flooded suction pumping systems shall be designed such that:

(1) Shut-off valves are provided in the suction piping;

(2) Shut-off valves and check valves are provided in the discharge piping; and

(3) Discharge shut-off valves are located downstream of the check valve.

(l) Shut-off and check valves for submersible pumps shall be placed in a separate chamber for ease of maintenance.

(m) Individual grinder pumps part of a pressure sewer system designed in accordance with Env-Wq 704.10 shall not be subject to the requirements of this subchapter.

(n) Low-flow sewage pumping stations with a capacity of less than 120 gpm shall be grinder type submersible pumps with wet wells and pump controls designed to minimize wet well storage time and discourage septic conditions from developing within the sewerage system.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.04 Sewage Pumping Station Design Requirements: Pump Station Access {#sec-env-wq-705.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.04}

Sewage pumping stations shall meet the following requirements:

(a) Dry wells shall provide accessibility for the repair and removal of pumps, motors, and other items of equipment that are essential to the sewage pumping process;

(b) Separate exterior entrances shall be provided to both wet wells and dry wells of sewage pumping stations;

(c) Vertical distances between floors or rest landings shall not exceed 12 feet;

(d) Safety barriers to prevent falling shall be provided at landings;

(e) Lifting equipment shall be provided for submersible pump removal; and

(f) Lifting chains shall be stainless steel or other corrosion resistant material.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.05 Sewage Pumping Station Design Requirements: Flow and Pump Usage Measurement {#sec-env-wq-705.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.05}

(a) Sewage pumping stations with capacities of more than 250 gpm or equipped with variable speed pumps shall have continuous flow recording and totalizer capability.

(b) Sewage pumping stations equipped with constant speed pumps with capacities of 250 gpm or less shall have:

(1) A running meter that indicates the cumulative running time of each pump; or

(2) The continuous flow recording and totalizer capability as per (a), above.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.06 Sewage Pumping Station Design Requirements: Potable Water Restrictions and Protection {#sec-env-wq-705.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.06}

(a) Where potable water is used for pump sealing purposes, the potable water supply shall be protected by a break tank or reduced pressure zone back flow preventer.

(b) Water ejectors connected to a potable water supply shall be prohibited.

(c) All floor and walkway surfaces shall slope to a point of discharge.

(d) Connections between raw, partially treated, or fully treated sewage and potable water shall be prohibited unless adequate backflow prevention equipment is installed.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.07 Sewage Pumping Station Electrical Requirements {#sec-env-wq-705.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.07}

(a) Submersible pumps for sewage pumping stations shall conform to the NEC requirements adopted by reference in the state building code pursuant to RSA 155-A:1, IV, for installation in areas classified by the NEC as class I, division 1.

(b) Electrical systems and components, including motors, lights, cable, conduits, switch boxes, and control circuits shall be protected from flooding in accordance with Env-Wq 705.01.

(c) Electrical systems and components including motors, lights, cable, conduits, switch boxes, and control circuits in enclosed or partially enclosed spaces where flammable mixtures occasionally might be present, including raw sewage wet wells, shall be certified by their manufacturer as:

(1) Complying with the NEC requirements adopted by reference in the state building code pursuant to RSA 155-A:1, IV, for class I, division 1 locations; or

(2) Being rated for class I division 2 requirements where mechanical ventilation is provided in accordance with the National Fire Protection Association (NFPA) as adopted by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B.

(d) All electrical equipment and work shall comply with the requirements of NEC as adopted by reference in the state building code pursuant to RSA 155-A:1, IV, and NFPA as adopted by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.08 Sewage Pumping Station Ventilation Requirements {#sec-env-wq-705.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.08}

(a) Mechanical ventilation for personnel and equipment shall be provided for all occupied spaces within sewage pumping stations in accordance with the NFPA as incorporated by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B.

(b) Mechanical ventilation for below-grade dry wells shall be provided, and so arranged as to independently ventilate the dry well and the wet well.

(c) There shall be no interconnection between the wet well and dry well ventilation systems.

(d) Switches for operation of ventilation equipment shall be marked and located conveniently.

(e) Dehumidification shall be provided in below-ground dry wells.

(f) Ventilation of wet wells shall provide at least 30 air changes per hour if the ventilation system is operated intermittently, or at least 12 air changes per hour if the ventilation system is operated continuously.

(g) Fans installed within the wet well structure shall be suitable for a class I, division 1, group C and D environment.

(h) Ventilation of submersible pump chambers or suction lift wet wells where there is no occupancy for regular maintenance purposes may be by gravity ventilation.

(i) Ventilation exhaust from wet wells shall not cause an odor nuisance to the public or surrounding occupied buildings.

(j) Access doors to wet wells shall have warning signs on the underside which read, “Warning - Hazardous Area, enter only with proper equipment” or “Confined Space, Entry by Permit Only”, as appropriate.

(k) The ventilation system of the dry well shall be capable of continuously providing at least 6 air changes per hour when the facility is occupied, and at least 3 air changes per hour when not occupied.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.09 Sewage Pumping Station Alarm Systems {#sec-env-wq-705.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.09}

(a) Alarm systems meeting the requirements of (b) through (j), below, shall be provided for all sewage pumping stations.

(b) The alarm signal shall be activated in any one of the following circumstances and in any combination of the following circumstances:

(1) High water in the wet well;

(2) Low water in wet well;

(3) Loss of one or more phases of power supply or severe voltage drop;

(4) High water level in the pump room sump;

(5) Loss of the alarm transmission capability;

(6) Standby generator application, if applicable;

(7) Pump malfunction, including shaft seal failure;

(8) Loss of air pressure in a bubbler tube system;

(9) Level sensing malfunction or failure;

(10) Loss of ventilation in areas classified as class 1 division 2 and using mechanical ventilation per the NFPA as incorporated by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B;

(11) Intrusion; or

(12) Temperature outside normal operating ranges.

(c) The high water and low water alarm triggers shall be separate devices, independent of the pump wet well level control system and set at elevations above and below the lag pump on and off elevations, respectively.

(d) Operation of the alarm system shall be indicated on a panel with a light which lights up upon activation of the alarm system.

(e) The power source for the alarm system shall be:

(1) An independent battery with continuous charge; or

(2) Main line power with a back-up battery system, which shall be connected automatically should main power fail.

(f) The alarm signal shall be transmitted through a 24 hour per day, 7 day per week notification system to the appropriate utility operator.

(g) The alarm shall include a local audible enunciator and a light.

(h) Provision shall be made to permit silencing of the audible enunciator manually, after the alarm has been sounded, but the light shall continue until the alarm condition has been rectified.

(i) Alarm signals for privately-operated sewage pumping stations shall be transmitted to the responsible maintenance person directly or via an answering service.

(j) If a central supervisory control and data acquisition (SCADA) system exists at the WWTP, the pumping station alarms shall be connected to the SCADA system using programmable logic controller (PLC) technology.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.10 Sewage Pumping Station Operation and Maintenance Manual {#sec-env-wq-705.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.10}

(a) The owner shall have an operation and maintenance manual that provides information and guidance for day-to-day operation of each sewage pumping station. The manual shall be readily accessible, kept up to date, and made available to the department upon request.

(b) The operation and maintenance manual required by (a), above, shall include all information that is necessary to operate and maintain the specific equipment at the pumping station, including but not limited to the following:

(1) Information on process design assumptions;

(2) Unit process information that includes detailed process descriptions, control measures, and monitoring procedures for processes, if applicable;

(3) Start-up procedures for each unit operation as applicable and each piece of equipment;

(4) Maintenance management systems;

(5) Laboratory test procedures;

(6) Safety procedures;

(7) Organizational structure and administrative procedures;

(8) Troubleshooting procedures;

(9) Emergency operation plan;

(10) Staffing requirements;

(11) Process and instrumentation diagrams;

(12) Checklists for systems and components for the operator’s use in developing a maintenance program for pump stations;

(13) Utility emergency contact information;

(14) Staff training and licenses necessary for the chief operators and assistant operators;

(15) A list of each chemical used at the pump station and what the chemical is used for, together with the applicable material safety data sheet (MSDS); and

(16) Equipment supplier manuals.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 705.11 Sewage Pumping Station Emergency Operation {#sec-env-wq-705.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 705.11}

(a) A sewage pumping station shall be designed to prevent the back-up, overflow, or other unpermitted discharge of wastewater from the sewage pumping station during electrical power failures.

(b) An independent engine-generator type source of electric power shall be provided for electrically-driven pumps. This source shall be automatically activated by failure of any phase of power supply or upon any fluctuation in voltage, the amount or duration of which would cause damage to the motors. Installations shall comply with all applicable requirements of the NEC and the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B.

(c) The emergency power generator shall be permanently secured in place, with provisions for removal to facilitate generator repair or replacement.

(d) Provisions shall be made for automatic and manual start-up and cut-in. The controls shall be such that upon automatic start-up under emergency conditions, shut-down shall be accomplished automatically on restoration of utility power with controlled shut-down of unit. Manual shut down shall also be provided. Provision shall be made to allow pumps to run down before re-energizing on transfer of power.

(e) The emergency power generator shall be sized to sequentially start and operate all pumps needed to handle design maximum waste flows, plus lighting, ventilation, controls, screening, and, if applicable, grinding.

(f) The emergency power generator shall be located above grade with ventilation of exhaust gases.

(g) All emergency power generation equipment shall be provided with instructions for routine exercising, load testing, and maintenance.

(h) The generator engine controls shall be equipped with an automatic exerciser which can be set on any selected schedule to start the generator, run the generator under no-load or load conditions by selection, and shut the generator off without actuating the alarm system.

(i) Subject to (j), below, the owner shall provide each emergency generator with enough fuel for the generator to run under full load or peak station flow for at least 48 hours or under normal operating conditions for at least 96 hours, whichever requires the greater amount of fuel.

(j) Alternatives to a permanently installed emergency power generator may be provided in the following circumstances:

(1) Sewage pumping stations with capacities of 120 gpm or less may use wet well storage over and above normal operating system storage provided that:

a. A suitable receptacle shall be included in the electrical supply panel for connection to a portable generator with manual transfer;

b. The storage location of the portable generator or pumping equipment is identified in the operation manual;

c. The operator, or a designated responsible maintenance person for a privately operated sewage pumping station, is knowledgeable in operation of the portable generator or pumping equipment and will be on call 24 hours per day, 7 days per week;

d. The pump station wet well provides additional storage volume above the high-water level alarm and below all entering and existing pipes to allow for deployment of the portable generator or pumping equipment; and

e. The additional wet well storage volume provides at least 6 hours detention at average daily flow; and

(2) For sewage pumping stations with duplex pumps, a standby engine drive system which automatically starts on power loss to drive one pump may be furnished as an alternative to a permanent generator.

(k) Sewage pumping station by-passes shall not discharge raw sewage either overland or to any water course.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 706 SITING OF WWTPs

N.H. Code Admin. R. Ann. Env-Wq 706.01 WWTP Location {#sec-env-wq-706.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 706.01}

(a) WWTPs shall be located and designed such that the impact of possible odor problems and safety and health problems to the adjacent properties are minimized to the extent practicable.

(b) Factors to consider when siting a WWTP shall include, but not be limited to, the following:

(1) The type of WWTP to be constructed and the level of odors that typically are generated by that type of WWTP;

(2) The current and projected land use surrounding the proposed site;

(3) The current and projected population surrounding the proposed site;

(4) The direction of prevailing winds in relation to populated areas;

(5) The proposed location’s susceptibility to flooding;

(6) Regionalization options of WWTPs for sewage and septage receiving;

(7) Impacts to surface waters, wetlands, habitat, and wildlife, including any threatened or endangered species;

(8) Traffic impacts on surrounding areas;

(9) Potential for effluent reuse; and

(10) Such additional information as is collected for the environmental review required by Env-Wq 500, if applicable.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 706.02 Buffer Distances {#sec-env-wq-706.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 706.02}

Buffer distances shall be as follows:

(a) Wastewater treatment ponds shall be located not closer than 600 feet from any residence; and

(b) Processing units in a conventional WWTP shall be located not closer than 300 feet from any residence.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 706.03 Flooding {#sec-env-wq-706.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 706.03}

(a) Existing WWTPs and pump stations shall be:

(1) Designed to provide for uninterrupted operation of all process units during a 25-year flood; and

(2) Be placed above or otherwise protected against damage from a 100-year flood.

(b) New and modified critical components of WWTPs and pump stations shall be:

(1) Designed to provide for uninterrupted operation of all process units during a 100-year flood; and

(2) Be placed above or otherwise protected against damage from either:

a. A water surface that is 3 feet above the 100-year flood elevation;

b. The 500-year flood elevation; or

c. An elevation determined from a best available scientific approach defined in (e)(3), below.

(c) Critical WWTP components which shall be protected from flooding include:

(1) Preliminary treatment;

(2) Influent pumping;

(3) Primary treatment and sludge pumping;

(4) Secondary treatment and sludge pumping;

(5) Intermediate pumping;

(6) Advanced treatment;

(7) Disinfection;

(8) Effluent pumping;

(9) Power and electrical systems;

(10) Control, communication, and alarm systems; and

(11) Emergency generators.

(d) Critical pump station components which shall be protected from flooding include:

(1) Pumping equipment;

(2) Power and electrical systems;

(3) Control, communication, and alarm systems; and

(4) Emergency generators.

(e) Subject to (f) below, flood elevations shall be determined using:

(1) Flood maps;

(2) Methods defined in Env-Wq 1503.09 (f)(1) and (f)(2); or

(3) A best available scientific approach that uses readily available, actionable hydrologic and hydraulic data, and methods that integrate current and future changes in flooding based on latest climactic predictions.

(f) If the project is for infrastructure having a projected life that extends beyond 2050 and is within at least one of New Hampshire’s 17 coastal zone municipalities, including Dover, Durham, Exeter, Greenland, Hampton, Hampton Falls, Madbury, New Castle, Newfields, Newington, Newmarket, North Hampton, Portsmouth, Rollinsford, Rye, Seabrook, and Stratham, determination of the flood hazard elevation specified in (b) and (e) above shall address projected storm surge, sea level rise, and precipitation events identified in the “New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections" prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel 2019, available as noted in Appendix B. A representative concentration pathway (RCP) of RCP 4.5 or higher and a “low” or “very low” tolerance for flood risk shall be applied.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 706.04 Effluent Quality {#sec-env-wq-706.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 706.04}

The degree of treatment provided at a WWTP shall be designed to meet the effluent discharge limitations and water quality standards established by applicable provisions of:

(a) The state surface or ground water discharge permit;

(b) Env-Wq 1700, relative to surface water quality standards;

(c) The federal surface water discharge permit; or

(d) The Clean Water Act.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 707 BASIS OF DESIGN REPORTS FOR WWTPs

N.H. Code Admin. R. Ann. Env-Wq 707.01 Basis of WWTP Design {#sec-env-wq-707.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 707.01}

(a) The WWTP design shall provide flexibility for operating within the expected range of wastewater characteristics and volumes.

(b) A pilot test that complies with Env-Wq 717.04 shall be conducted for a proposed treatment technology if:

(1) Effluent permit limits are at or near the limits of the proposed treatment technology;

(2) Anticipated wastewater characteristics:

a. Are not typical of those commonly received by a WWTP due to low- or high-strength effluent, high strength sidestreams, or industrial waste contributions; and

b. Have a recognized potential to adversely affect the performance of the proposed treatment process; or

(3) Extreme weather or population fluctuations have a recognized potential to adversely affect the technology’s performance.

(c) The owner shall submit a basis of design report as described in Env-Wq 707.02 through Env-707.07 to the department for review and approval prior to final design.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 707.02 Basis of Design Report: Project Planning {#sec-env-wq-707.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 707.02}

Relative to general WWTP information and project planning, the basis of design report shall include a description or analysis of:

(a) Character and use of the receiving waters;

(b) Location and topography of the WWTP site, including:

(1) Scale maps and topographical maps depicting natural boundaries in the project area and any existing service areas; and

(2) Photographs of the project area and any existing service areas;

(c) Population trends and anticipated future growth, by including with the basis of design report population projections based on historical population data from the United States Census Bureau for no less than 20 years prior to submission of the basis of design report, if available;

(d) Environmental resources present using maps, photographs, and narrative description as available; and

(e) A public participation and education plan, including:

(1) Education relative to need for the project;

(2) Utility operational service levels required; and

(3) Funding and revenue strategies to be used.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 707.03 Basis of Design Report: Existing Facilities {#sec-env-wq-707.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 707.03}

For existing facilities, the basis of design report shall include a description or analysis of:

(a) Existing facilities, including:

(1) Condition of existing facilities, including:

a. Adequacy of current facilities;

b. Suitability for continued use;

c. Conveyance, treatment, storage, and disposal capabilities;

d. Existing capacity of each component;

e. Analysis of overall current energy consumption; and

f. Reference an asset management program, if applicable;

(2) Location maps of existing facilities;

(3) Schematic process layout of all existing facilities;

(4) Summary of recurring compliance issues; and

(5) History of major system components, including:

a. Operational history;

b. Renovations; and

c. Expansions;

(b) Current financial status of existing facilities, including:

(1) Current rate schedules;

(2) Annual operation and maintenance costs with a breakout of current energy costs;

(3) Other capital improvement programs;

(4) Tabulation of users by monthly usage categories for the most recent fiscal year; and

(5) Status of existing debts and required reserve accounts;

(c) Water, energy, or waste audits and outcomes thereof, if applicable;

(d) Existing and projected flow;

(e) Flow composition, waste strength, and peaking factors based on historical records, if records exist;

(f) If no records exist, domestic waste strength and peaking factors based on:

(1) An average daily per capita contribution of 0.20 pounds of TSS and 0.17 pounds of BOD5, if garbage grinders are not prevalent in the area;

(2) An average daily per capita contribution of 0.25 pounds of TSS and 0.22 pounds of BOD5, if garbage grinders are prevalent in the area;

(3) An average daily per capita contribution of 0.04 pounds of total nitrogen;

(4) An average daily per capita contribution of 0.006 pounds of total phosphorous; and

(5) Not less than 70 gallons of flow per capita per day nor more than 100 gallons of flow per capita per day;

(g) For process-related upgrades to existing WWTPs, or where sampling of the future influent wastewater stream is possible, the sampling results for the following influent wastewater parameters from plant records for the previous 2 years or, if such data is not available, from sampling designed by the engineer to produce representative results:

(1) Biochemical Oxygen Demand (BOD5);

(2) Total Suspended Solids (TSS);

(3) pH;

(4) Temperature;

(5) Total Kjeldahl Nitrogen (TKN);

(6) Alkalinity;

(7) Chemical Oxygen Demand (COD), as applicable; and

(8) Total Phosphorous, as applicable;

(h) Industrial wastes, if present, quantified, and characterized as follows:

(1) Use an industry-by-industry chemical analysis from existing pretreatment programs including conventional pollutants (BOD5 and TSS), nutrients, pH, and non-conventional parameters potentially present in the waste stream; or

(2) In the absence of existing pretreatment programs, full waste characterization shall be performed; and

(i) Septage receiving and treatment capacity, based on:

(1) The septage volume and characterization expected to be received during the planning period of the WWTP;

(2) Septage strength of 6,500 mg/L BOD5, 12,900 mg/L TSS, 590 mg/L total Kjeldahl nitrogen (TKN), and 210 mg/L total phosphorous, if specific data is not available; and

(3) Appropriate peaking factors to account for seasonal variations in septage quantities from the specific service area.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 707.04 Basis of Design Report: Project Need {#sec-env-wq-707.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 707.04}

For existing and proposed projects, the basis of design report shall address the need for the project based on a description or analysis of the following:

(a) Conditions requiring improvements;

(b) The design period for the WWTP, which shall be not less than 20 years unless a shorter design period is shown to be more cost effective when taking into consideration construction of additional facilities needed to meet the peak demand of the 20-year design period;

(c) A design period evaluation, which shall include:

(1) An evaluation of future expansion requirements in excess of the planning period, when laying out and designing major treatment units and WWTP hydraulics;

(2) Design flows for domestic, commercial, industrial, and infiltration/inflow (I/I) flows, as applicable;

(3) Stormwater flows, for WWTPs with combined sewers within the service area;

(4) Design flow values, including the following:

a. Annual average flows;

b. Peak hourly flow;

c. Maximum daily flow;

d. Maximum monthly flow;

e. Minimum monthly flow; and

f. Minimum daily flow;

(5) Total influent TSS and BOD5 loading, calculated as the sum of domestic, commercial, industrial, and septage loads throughout the design period of the WWTP; and

(6) A mass balance, performed as follows:

a. The mass balance shall be prepared for average conditions and appropriate peaking factors used for peak design conditions;

b. The mass balance shall include BOD5 and TSS loadings for each appropriate process and for all side streams;

c. The mass balance shall include nutrient loadings when the WWTP is designed for nutrient removal; and

d. Sidestream flows returned to the liquid treatment process as the result of sludge, scum, or other floatable matter processing shall be characterized as to solids and organic content, with the characterization being included in the design loadings for both liquid and solids treatment processes;

(d) Relative to WWTP hydraulics, the basis of design report shall address the following:

(1) Hydraulic profiles of each treatment process on the design drawings indicating water surface elevations for peak hourly and annual average design flows against the following receiving water levels:

a. The average level;

b. The 100 year level; and

c. The flood level defined in Env-Wq 706.03(b)(2);

(2) Hydraulic design under peak hourly flow conditions, including associated sidestream flows, to be passed through the WWTP with the largest or longest flow path of each unit process removed from service;

(3) Design allowance for maximum flows to pass through the WWTP when and if the largest pump or other piece of mechanical equipment is out of service; and

(4) A minimum velocity of 2.0 feet per second at design annual average flow and 1.5 feet per second at minimum flow in channels carrying unsettled wastewater unless wastewater is managed to prevent sedimentation of solids;

(e) Present and proposed future discharge permit limits, if any; and

(f) The effect on the wastewater treatment process of industrial wastes likely to be encountered in the influent waste stream.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 707.05 Basis of Design Report: Treatment Technology Options Considered {#sec-env-wq-707.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 707.05}

For each treatment technology option considered, the basis of design report shall include a description or analysis of:

(a) The facilities associated with each proposed treatment technology option;

(b) Design calculations and parameters used for sizing the unit processes and components for evaluation purposes to demonstrate compliance with all applicable federal and state design requirements;

(c) Environmental impacts, including:

(1) Direct and indirect impacts on floodplains, wetlands, land resources, endangered species, and properties of historical and archeological significance;

(2) Generation and management of residuals and wastes; and

(3) Sprawl-related impacts;

(d) Sustainable utility management practice considerations, including:

(1) Water and energy efficiency, including:

a. Water reuse and conservation;

b. Energy efficient design to reduce electrical demand and minimize carbon footprint, including:

1. Blower and pump sizing to provide energy-efficient operation at a full range of flow rates;

2. Use of premium efficiency motors;

3. Installation of heat recovery systems; and

4. Use of biogas capture and reuse if digesters are proposed;

c. Renewable energy generation, if applicable to the treatment technology option; and

d. Water and energy usage of each option as compared to other treatment technology options;

(2) Aspects of project that preserve or mimic natural processes to manage onsite stormwater, if applicable to the treatment technology option; and

(3) Site management of stormwater runoff volume and peak flows through infiltration, evapotranspiration, harvest, and use, if applicable;

(e) Ultimate sludge disposal plans, including contingency plan as required by Env-Wq 716 for sludge stabilization, sludge thickening, and sludge dewatering; and

(f) Estimates of capital and operating costs for each treatment technology option, including:

(1) Construction costs;

(2) Total project costs;

(3) Average annual operation and maintenance costs over the life of the project; and

(4) Energy costs.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 707.06 Basis of Design Report: Life Cycle Comparison of Treatment Technology Options {#sec-env-wq-707.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 707.06}

For life cycle comparison of treatment technology options, the basis of design report shall include a description or analysis of:

(a) Capital, operation, and maintenance costs, including energy costs;

(b) Life cycle comparison over a 20-year planning period unless an alternative length planning period is justified;

(c) Discount rates, based on the discount rate set forth in Appendix C of OMB circular A-94 available at https://www.whitehouse.gov/wp-content/uploads/2023/12/CircularA-94AppendixC.pdf;

(d) Present worth analysis using total project cost including construction and non-construction costs;

(e) Average annual operation and maintenance costs over the life of the project, converted to present day dollars using a uniform series present worth calculation;

(f) Deductions of the present worth of the salvage value;

(g) Net present value calculations for each evaluated treatment technology option; and

(h) Non-economic factors such as social and environmental aspects, including, but not limited to:

(1) Reliability;

(2) Operational complexity;

(3) Expandability; and

(4) Sustainability.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 707.07 Basis of Design Report: Proposed Project – Recommended Treatment Technology {#sec-env-wq-707.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 707.07}

The basis of design report shall include a recommended treatment technology and a description or analysis of:

(a) The selected treatment technology, explaining justification for making the selection over other available treatment technology options;

(b) Design criteria summary;

(c) Site layout and hydraulics profile;

(d) Treatment process schematics;

(e) Cost summary;

(f) For a proposed modification or addition to an existing WWTP, a construction sequence for maintaining WWTP operations and permit compliance during construction and testing; and

(g) An overall project schedule from design through completion of construction that also includes the meetings between the owner, design engineer, and department review staff required by Env-Wq 707.08 and any additional meetings considered necessary by the owner and design engineer.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 707.08 Meetings Required {#sec-env-wq-707.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 707.08}

(a) The owner and design engineer shall meet with department review staff:

(1) At or prior to project initiation for the purpose of outlining project scope and goals; and

(2) Upon completion of the basis of design report for the purpose of reviewing report recommendations, department comments on the report, and project progression plans.

(b) If one or more meetings with the department in addition to those included in the project schedule are considered necessary for the project progression by the owner and design engineer, the design engineer shall contact department review staff to schedule such meeting(s).

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 708 Additional Wwtp Requirements

N.H. Code Admin. R. Ann. Env-Wq 708.01 Installation and Initial Operation {#sec-env-wq-708.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.01}

For items of equipment that are essential to the treatment process, the owner shall have a representative of the manufacturer:

(a) Inspect the installation; and

(b) Supervise the initial operation.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.02 Required Redundancy {#sec-env-wq-708.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.02}

(a) Standby units shall be provided for all critical components as defined in Env-Wq 706.03.

(b) For pumps and other critical hydraulic components, the WWTP shall have one standby unit for every 3 units, or fraction thereof, required to handle peak design flow or load.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.03 Planning for Unit Process Maintenance and Dewatering Required {#sec-env-wq-708.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.03}

(a) The WWTP shall be designed to facilitate unit process maintenance such that:

(1) Each unit of the WWTP can be removed from service independently;

(2) The design facilitates WWTP operation during unit maintenance and emergency repair so as to minimize deterioration of effluent quality;

(3) Solids retention, sludge handling, and disinfection are addressed as specified in this chapter; and

(4) WWTP by-passes that allow raw or insufficiently treated sewage to be discharged directly to a water course are prevented.

(b) For WWTP upgrade or expansion, the technical specifications prepared per Env-Wq 703.02 shall include a detailed description of how to maintain existing WWTP operations, delineating the suggested construction sequence and number of units to be removed from treatment operation.

(c) A means of unit isolation and dewatering shall be provided for each process unit.

(d) Each tank shall be protected against flotation.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.04 Piping and Flow Distribution Devices {#sec-env-wq-708.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.04}

(a) Piping and channels throughout the WWTP shall be designed to carry the maximum design flows as follows:

(1) Gravity influent sewers shall not be surcharged during normal operating conditions;

(2) Bottom channel corners shall be filleted, with the elimination of pockets and corners where solids can accumulate;

(3) Suitable gates, stop logs, or plates shall be placed in channels to seal off unused sections that might accumulate solids;

(4) Non-corrodible materials shall be used for gates; and

(5) Channels that might not be used for considerable periods of time shall have valved drains.

(b) Flow distribution devices shall be designed to:

(1) Control organic, solids, and hydraulic loading to WWTP process units;

(2) Provide distribution to individual treatment units to ensure equal distribution among all units;

(3) Provide visible status indication for influent flow to each unit via weirs, sluice gates, slide gates, control valves, or other means;

(4) Provide positive scum and foam removal in all channels and distribution structures that have a trapped-free surface; and

(5) Not rely on effluent weirs and flow route symmetry for flow control.

(c) Underflow shear gates for balancing flows shall not be permitted.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.05 WWTP Design and Layout {#sec-env-wq-708.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.05}

In addition to complying with applicable federal, state, and local building requirements, the design and layout of WWTPs, including building interiors and mechanical layouts, shall include provisions for future expansion and upgrades as follows:

(a) Locations of foreseeable future facilities shall be indicated on the construction drawings;

(b) WWTP hydraulics, sizing of conduits connecting unit processes, and flow distribution shall provide for future expansion; and

(c) Plugs, blind flanges, sluice gates, and valving shall be designed to facilitate expansion with minimal disruption to operating facilities.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.06 Design and Layout of Chemical Feed Equipment: Storage Requirements {#sec-env-wq-708.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.06}

General equipment design shall meet the following criteria so as to allow for the continuous supply of accurate amounts and rates of chemicals throughout the range of feed requirements:

(a) Materials and surfaces that will come in contact with chemicals or solutions thereof shall be resistant to the chemicals and their solutions, with corrosive chemicals being introduced in a way that minimizes the potential for corrosion;

(b) Chemicals that are incompatible shall not be stored or handled together;

(c) Liquid chemical storage tanks in excess of 55 gallons shall have a liquid level indicator and:

(1) An overflow and a contained receiving basin; or

(2) A drain capable of receiving and containing accidental spills or overflows equal in volume to 110 percent of the storage tank capacity;

(d) All liquid chemical storage tanks shall be properly labeled;

(e) The day tank or solution tank, if provided, shall provide a means to maintain a uniform solution strength;

(f) Overflow pipes shall:

(1) Have a submerged discharge to a containment vessel;

(2) Be visible to the operator under normal operating conditions; and

(3) Be marked to designate the pipe’s origin tank and the chemical being conveyed;

(g) Acid storage tanks shall be vented to the outside atmosphere, with each tank having a separate vent and a valved drain to protect against backflow;

(h) Carts, elevators, hoists, and other appropriate means for lifting chemical containers shall be provided;

(i) Provision shall be made for the proper transfer of dry chemicals from shipping containers to storage bins or hoppers, in a way that minimizes dust entering the room where the equipment is installed;

(j) Ventilation or personal protection, or both, shall be provided to prevent operator exposure to dust and chemicals, whether in the storage, transfer, or application areas;

(k) Vents from feeders, storage facilities, and equipment exhaust shall discharge to the outside atmosphere above grade and away from air intakes; and

(l) Interior floor drains in chemical storage areas shall discharge to a holding tank.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.07 Design and Layout of Chemical Feed Equipment: Feed Requirements {#sec-env-wq-708.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.07}

(a) A separate feeder shall be used for each chemical applied.

(b) Chemical feeders shall be manually and automatically controlled with the automatic controls designed to allow override by the manual controls.

(c) Chemical feed rates shall be adjustable based on appropriate control parameters.

(d) Dry chemical feeders shall measure chemicals volumetrically or gravimetrically and provide adequate solution water and agitation of the chemical in the solution tank.

(e) Water supply for chemical feed applications, when needed, shall be sufficient in quantity and pressure for the intended application.

(f) A means of measuring supply water shall be provided when preparing specific solution concentrations by dilution.

(g) The water supply shall be treated as necessary to ensure compatibility with its intended use.

(h) Chemical feed equipment shall be located in a dedicated room or area to reduce hazards and dust problems.

(i) The length of feed lines shall be minimized by locating the equipment as close to the application point(s) as practical.

(j) The chemical feed equipment shall be accessible for servicing, repair, and observation of operation.

(k) Feed lines shall be:

(1) As short as possible;

(2) Easily accessible along the line’s entire length;

(3) Protected from freezing;

(4) Readily cleanable; and

(5) Color coded and labeled.

(l) Color coding of WWTP piping and chemical feed lines shall:

(1) For upgrades to existing plants, comply with either the existing WWTP color coding system or section 4.4.5 of TR-16, “Guides for the Design of Wastewater Treatment Works” by the New England Interstate Water Pollution Control Commission, revised 2016 edition, available as noted in Appendix B; and

(2) For all new WWTPs, comply with color codes specified in section 4.4.5 of TR-16, ”Guides for the Design of Wastewater Treatment Works” by the New England Interstate Water Pollution Control Commission, revised 2016 edition, available as noted in Appendix B.

(m) When conveying gases, the feed lines shall slope upward from the chemical source to the feeder.

(n) Provision shall be made for measuring quantities of chemicals used to prepare feed solutions.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.08 Operation and Maintenance Manuals {#sec-env-wq-708.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.08}

(a) Operation and maintenance manuals providing information and guidance for day-to-day operation of the WWTP shall be submitted to the department for review and approval within 60 days following substantial completion of construction of the WWTP.

(b) The operation and maintenance manuals required by (a), above, shall include all information that is necessary to operate and maintain the specific equipment at the WWTP, including but not limited to the following:

(1) Information on process design assumptions;

(2) Unit process information that includes detailed process descriptions and accepted parameters, control measures, and monitoring procedures for the various processes;

(3) Start-up procedures for each unit operation and piece of equipment;

(4) Maintenance management systems;

(5) Laboratory test procedures;

(6) Safety procedures;

(7) Organizational structure and administrative procedures;

(8) Troubleshooting procedures;

(9) Emergency operation plan;

(10) Staffing requirements;

(11) Process and instrumentation diagrams;

(12) Checklists for systems and components for the operator’s use in developing a maintenance program for WWTPs;

(13) Utility emergency contact information;

(14) Staff training and licenses necessary for chief operator and assistant operator;

(15) A list of each chemical used in process and what the chemical is used for, together with the applicable MSDS ; and

(16) Equipment supplier manuals.

(c) The department shall approve an operation and maintenance manual if it contains all the requirements in (b), above.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.09 Site Access {#sec-env-wq-708.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.09}

(a) WWTP access roads shall provide access to all delivery and loading points.

(b) Roadway design and construction details shall be as required for the types of vehicles that will access the site and in accordance with local and state requirements.

(c) Access to the site shall be controlled with a perimeter fence and lockable gate(s).

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.10 Site Grading {#sec-env-wq-708.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.10}

(a) Grading or drainage systems for the WWTP site shall be designed to handle surface runoff.

(b) All-weather walkways shall be provided for access to all units.

(c) Surface water shall not be permitted to drain into any process unit.

(d) Drains and runoff in areas contaminated by sludge or wastewater shall discharge to the treatment facilities for processing.

(e) Drainage from chemical storage and handling areas shall discharge to the WWTP for processing.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.11 Outside Lighting {#sec-env-wq-708.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.11}

Outside units, tanks, equipment, and work areas shall be lit using energy efficient lighting so as to allow safe inspection of the facility in all ambient conditions.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.12 Floor Slope {#sec-env-wq-708.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.12}

Floor surfaces shall be sloped to allow drainage to a point of collection such as a sump or drain.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.13 Access to Equipment {#sec-env-wq-708.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.13}

(a) Suitable openings, hatches, or other means shall be provided for removal of machinery and equipment.

(b) Openings shall be large enough to allow for removal of the largest piece of equipment or largest component if equipment is disassembled.

(c) Lifting devices, properly sized for the required loads, shall be provided for removal of equipment.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.14 Essential Power Requirements for WWTPs {#sec-env-wq-708.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.14}

(a) Subject to (b), below, power shall be provided at all times to operate essential equipment including, but not limited to:

(1) Preliminary treatment;

(2) Influent pumping;

(3) Primary treatment;

(4) Critical secondary treatment;

(5) Intermediate pumping;

(6) Other critical treatment processes;

(7) Disinfection;

(8) Effluent pumping;

(9) Lighting and ventilation that is essential to the safe operation of the WWTP; and

(10) Alarm systems and essential controls.

(b) An owner shall not be required to provide power to operate all essential components at all times if the owner develops and obtains department approval for an alternate load management plan pursuant to (c) and (d), below.

(c) The alternate load management plan shall contain the following:

(1) A demonstration that the discharge limits set forth in the WWTP’s discharge permit will continue to be met during the emergency generator operation;

(2) A description of the electrical load imposed by various pieces of equipment, ranked by importance and ability to by cycled;

(3) A description of the maximum and minimum amount of time process equipment can be operated without adversely effecting wastewater operations; and

(4) A list of equipment that the WWTP cannot run without operating and demonstrate the available emergency power available for that minimum load.

(d) The department shall approve the alternate load management plan if it determines that the plan will allow the WWTP to operate as needed to not violate its discharge permit.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.15 Instrumentation and Control Requirements {#sec-env-wq-708.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.15}

Any supervisory control and data acquisition (SCADA) system included in the design shall have the following minimum capabilities:

(a) Air flow rate and flow pacing of blowers;

(b) Alarm generation and history;

(c) Influent flow history and trending;

(d) Dissolved oxygen history and trending;

(e) Power monitoring for main process pumps and motors and blowers and motors, including at a minimum the ability to monitor:

(1) Power factor data at equipment startup;

(2) Total harmonic distortion; and

(3) Total energy usage;

(f) Return activated sludge pump flow rate and pacing;

(g) Real time monitoring and recording of energy use; and

(h) Automated equipment system monitoring and control for the following, as applicable:

(1) Pumps;

(2) Chemical feed systems;

(3) Disinfection;

(4) Aeration system;

(5) Digester; and

(6) Dewatering.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.16 Essential Water Supply Requirements for WWTPs {#sec-env-wq-708.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.16}

(a) A pressurized potable water supply shall be provided for firefighting and use in the WWTP.

(b) No piping or other connections shall exist in any part of the WWTP or collection system that might cause the contamination of a potable water supply.

(c) The chemical quality of the water supply shall be checked for suitability for its intended uses such as heat exchangers and chlorinators.

(d) Potable water from a municipal or separate supply may be used directly at points above grade for the following hot and cold supplies with no additional backflow protection:

(1) Lavatory sinks;

(2) Toilets;

(3) Showers;

(4) Drinking fountains;

(5) Laboratory sinks, if protected against back siphoning; and

(6) Slop sinks, if protected against back siphoning.

(e) All potable water supply mains shall be protected against contamination with a reduced-pressure-zone backflow preventer that meets the requirements of Env-Dw 505, including local approval if required.

(f) Hot water for any unit cited in (d), above, shall not be taken directly from a boiler used for supplying hot water to a sludge heat exchanger, digester heating coils, or similar process.

(g) Where a public water supply is not available, a separate drilled well shall be provided as a potable water supply.

(h) Where a potable water supply will be used for any purpose other than those listed in (d), above, a backflow protection device that meets the requirements of Env-Dw 505, including local approval if required, shall be installed.

(i) Vacuum breakers shall be installed on the water supply to the laboratory.

(j) The number of backflow devices required shall be minimized by providing a separate, non-potable, in-plant water system using a single backflow protection device.

(k) A sign shall be permanently posted at each hose bib, sill cock, or other fixture on the non-potable water system indicating that the water is not safe for drinking.

(l) Where break tanks are used for backflow prevention, water shall discharge to the break tank through an air-gap at least 6 inches above the maximum flood line or the spill line of the tank, whichever is higher.

(m) Where a separate non-potable water supply will be provided, a backflow prevention device shall not be required.

(n) Hydrants for fire protection and hydrants for yard use shall:

(1) Be clearly distinguished from one another with different paint colors; and

(2) Have different-sized nozzles for hose connections.

(o) Locations of fire protection hydrants shall be approved by the appropriate local official.

(p) Hydrants fed by the potable water supply system shall be protected from cross-contamination as required by the owner of the water system.

(q) Toilets and showers shall be provided for the projected number of operators with separate toilets and showers for men and women.

(r) Slop sinks for general cleaning shall be provided.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.17 Wastewater Flow Measurement {#sec-env-wq-708.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.17}

(a) Means for measuring, recording, and totaling both raw influent flow prior to sidestreams and effluent wastewater flow after WWTP water withdrawal shall be provided.

(b) Provisions for measuring, recording, and totaling the flow of return activated sludge, primary sludge, waste secondary sludge, and other major sludge streams shall be provided.

(c) All flow measurement equipment shall be:

(1) Sized to perform effectively over the full range of expected flows; and

(2) Protected against freezing.

(d) Installation of flow measuring equipment shall be such that the required hydraulic conditions necessary for accurate measurement are provided.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.18 Sampling {#sec-env-wq-708.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.18}

(a) Sampling sites shall:

(1) Be readily accessible by WWTP personnel;

(2) Not be located in confined space areas;

(3) Be free of tripping, slipping, and falling hazards;

(4) Have a supply of electrical power with a ground fault interrupt; and

(5) Be supplied with batteries or connected to the emergency power source.

(b) To prevent freezing, samplers shall be housed in enclosed and, if needed, heated structures or equipment enclosures designed for outdoor use.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.19 WWTP Outfalls {#sec-env-wq-708.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.19}

(a) Provision shall be made for effective dispersion of the effluent into the receiving water body so as to meet the water quality criteria as specified in Env-Wq 1700.

(b) The outfall pipe outlet(s) shall be submerged at all times.

(c) The outfall pipe shall be so constructed and protected against the effects of flood water, tides, ice, or other hazards as to reasonably ensure its structural stability and freedom from stoppage.

(d) Outfall pipes shall not impede or otherwise interfere with navigation.

(e) A manhole shall be provided at the shore end of all gravity outfall sewers extending into the receiving stream.

(f) Outfall pipe and fittings shall be constructed of ductile iron, HDPE, or PVC material.

(g) All ductile iron pipe shall be corrosion protected if installed in a corrosive environment that could reduce the typical life expectancy of the pipe.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.20 Safety {#sec-env-wq-708.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.20}

The following features shall be incorporated into the design and construction of WWTPs for the protection of visitors and facility operations staff:

(a) Hand rails, guards, safety netting, and barricades around tanks, trenches, pits, stairwells, floor openings, maintenance access areas, and other hazardous structures;

(b) Gratings over areas of treatment units where access for maintenance is required;

(c) First aid equipment;

(d) Appropriately placed warning signs and labels as per the NFPA as incorporated by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B, and New Hampshire department of labor requirements as specified in Lab 1400 in, but not limited to, the following areas:

(1) Slippery areas;

(2) Non-potable water fixtures;

(3) Low head clearance areas;

(4) Open service manholes;

(5) Hazardous chemical storage areas

(6) Flammable fuel storage areas; and

(7) Confined spaces;

(e) Personal protective clothing and equipment as per New Hampshire department of labor requirements as specified in Lab 1400, to include:

(1) Eye, ear, and face protection;

(2) Respiratory protection; and

(3) Head, hand, and foot protection;

(f) Gas detectors for use in occupied areas rated under the NEC, as adopted by reference in the state building code pursuant to RSA 155-A:1, IV, as Class 1, Division 1, Group A, B, C, and D locations or areas classified as Class 1 Division 2 through the use of mechanical ventilation per the NFPA as incorporated by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B;

(g) Provisions and equipment for permit-required confined space entry in accordance with New Hampshire department of labor requirements as specified in Lab 1400;

(h) Ventilation of enclosures in accordance with the NFPA as incorporated by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B;

(i) Fire protection systems and equipment; and

(j) Machinery guards around belts or other moving parts.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.21 Hazardous Chemical Handling {#sec-env-wq-708.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.21}

(a) The materials used for storage, piping, valves, pumping, metering, and splash guards shall be specially selected so as to be compatible with the physical and chemical characteristics of each hazardous or corrosive chemical that will be used at the WWTP.

(b) Chemical storage areas shall be enclosed in dikes or curbs that will contain the stored volume until the spilled chemical can be safely transferred to alternative storage or released to the wastewater at controlled rates that will not damage facilities, inhibit the treatment processes, or contribute to stream pollution.

(c) Eye wash fountains and deluge showers using potable water shall be:

(1) Provided in the laboratory and on each floor or work location involving hazardous or corrosive chemical storage, mixing or slaking, pumping, metering, or transportation loading;

(2) As close as practicable to possible chemical exposure sites; and

(3) Fully usable during all weather conditions.

(d) Eye wash fountains, including self-contained eye wash fountains and eye wash stations, and deluge showers shall be designed in compliance with the ANSI/ISEA Z358.1-2014 standard, available as noted in Appendix B. If the water heater system for the eye wash fountains and deluge showers is not separate from the WWTP hot water supply, mixing valves with scald protection shall be provided to maintain the required water temperature.

(e) All piping containing or transporting corrosive or hazardous chemicals shall be identified with labels every 10 feet and with at least 2 labels in each room, closet, or pipe chase. Pipes containing hazardous or corrosive chemicals shall not be located above shoulder level except where continuous drip collection trays and coupling guards will eliminate chemical spray or dripping onto personnel.

(f) All pumps, feeders, connections, and couplings for hazardous or corrosive chemicals shall have guards that will effectively prevent spray of chemicals into space occupied by personnel. The splash guards shall be in addition to guards intended to prevent injury from moving or rotating machinery parts.

(g) All hazardous waste generated shall be managed in accordance with RSA 147-A and Env-Hw 100-1100.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.22 Laboratory Equipment {#sec-env-wq-708.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.22}

(a) Subject to (b), below, all WWTPs shall include a laboratory and the equipment needed for wastewater analysis, process control tests, discharge permit tests, and quality control analysis checks.

(b) If the owner chooses to not include a laboratory in the WWTP, the owner shall contract with an outside laboratory for all testing services specified in (a), above.

(c) Laboratories shall be ventilated in accordance with the NFPA as incorporated by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B.

(d) Laboratory floor surfaces shall be slip-resistant and fire-resistant, as well as highly resistant to acids, alkalis, solvents, and salts.

(e) The laboratory shall have at least 2 exit doors, with glass windows for easy visibility, to allow for straight egress. Panic hardware shall be installed on all doors.

(f) Vacuum break type faucets shall be supplied for laboratory sinks. Plumbing shall be based on the types of substances that might be discarded in the drain lines, with acid- or chemical- resistant waste drain lines being installed as needed.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.23 WWTP Alarms {#sec-env-wq-708.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.23}

(a) Alarm systems shall be included to notify WWTP operators of any circumstance or condition that threatens public health or safety or the ability of the WWTP to provide adequate treatment of the wastewater in accordance with the effluent limitations set forth in the discharge permit.

(b) A 24 hour per day, 7 day per week notification system shall be installed at the WWTP control room. Where a WWTP is not manned on a 24 hour per day basis, an additional notification system shall be installed at the police station, fire station, or any other locale having 24 hour per day manning, including a commercial dispatch service or SCADA enunciation system.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.24 Testing. {#sec-env-wq-708.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.24}

All liquid containing vessels and structures shall be leak tested prior to operation in accordance with manufacturer’s recommendations and any applicable industry standards and regulatory requirements. Any visible signs of leakage shall be repaired and retested prior to placing the unit in service.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 708.25 Septage Receiving Stations {#sec-env-wq-708.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 708.25}

Any septage receiving station shall have:

(a) Drainage tied into the WWTP process to prevent run off of spilled septage; and

(b) For gravity off-loading systems, grading such that septage trucks can be completely off-loaded by gravity.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 709 Influent Headworks

N.H. Code Admin. R. Ann. Env-Wq 709.01 Screening Devices: Location, Operation, and Maintenance {#sec-env-wq-709.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 709.01}

(a) Each WWTP shall have mechanized screening for influent sewage that operates continuously or using automated controls.

(b) Any screening device installed in a building where other equipment or offices are located shall be separated from the rest of the building and provided with separate outside entrances and mechanical ventilation.

(c) Each mechanical screening unit shall have controls that:

(1) Cause the cleaning mechanism to operate at a predetermined high water level; and

(2) Allow the mechanism to operate on a timing device.

(d) Facilities for removal, handling, storage, and disposal of screenings in a sanitary manner shall:

(1) Include an accessible platform from which the operator can rake screenings easily and safely if cleaned manually; and

(2) Have drains for the platform area and all storage areas.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 709.02 Screening Devices: Design and Capacity {#sec-env-wq-709.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 709.02}

(a) Each by-pass screen device shall have clear openings between bars from 1.0 to 1.75 inches wide.

(b) Clearance between bars on coarse racks or screens preceding mechanically-cleaned screens may be greater than 1.75 inches.

(c) Manually-cleaned screens shall be:

(1) Designed and installed to accommodate being cleaned;

(2) Be placed on a screen slope of 30 to 45 degrees with the horizontal if for non-emergency use; and

(3) Used only in by-pass channels.

(d) Clear openings for mechanical screens other than by-pass screens and preliminary screens or racks shall be ½-inch or less to maximize removal of inert material.

(e) For manually-cleaned bar screens, the screen chamber shall be designed to provide a velocity through the screen of one foot per second at an average rate of flow calculated from design average daily flow.

(f) For mechanically cleaned screens, maximum velocities during wet weather periods shall not exceed 2.5 feet per second, calculated based on the vertical open cross-sectional area below the flow line.

(g) The screen channel invert shall be 3 to 6 inches below the invert of the incoming sewers. To prevent jetting action, the length and construction of the screen channel shall provide for a reestablished hydraulic flow pattern following the drop in elevation.

(h) The capacity of all screening equipment shall be as follows:

(1) If one unit is installed, the unit shall be sized to handle peak hourly design flow;

(2) If multiple units are installed for flexibility of maintenance, the peak hourly design flow shall be handled by the remaining units with the largest unit out of service; and

(3) To avoid excessive head loss and potential damage to very fine screens when very fine screens are installed, multiple stages of screens with progressively smaller openings shall be used.

(i) Influent channels shall be equipped with gates to isolate each screening device. The channel preceding and following the screen shall be shaped to eliminate settling of solids.

(j) Where a single mechanically-operated screening device is used, auxiliary manually-cleaned screens shall be provided. The design shall include provisions for automatic diversion of the entire sewage flow through the by-pass screen if the mechanical unit fails.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 709.03 Grit Removal Facilities {#sec-env-wq-709.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 709.03}

(a) Grit removal facilities shall be provided for all WWTPs for protection of downstream processes and equipment.

(b) If grit is removed by a means that causes the grit to contain excess organics or water, or both, for the method of final grit disposal to be used, the WWTP shall include grit washing and dewatering facilities as necessary. Impervious surfaces with drains shall be provided for grit handling areas. Grit conveying equipment shall be designed to avoid loss of material and shall be protected from freezing. A pressurized water supply shall be provided for cleanup.

(c) Where a single mechanically-operated grit removal device is used, auxiliary manually-operated grit removal equipment shall be provided. Design shall include provisions for automatic diversion of the entire sewage flow through the by-pass grit removal device should the mechanical unit fail.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 709.04 Grinding Facilities {#sec-env-wq-709.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 709.04}

Grinding devices may be used in addition to screening devices if the following requirements are satisfied:

(a) Grinding devices installed in addition to mechanical screening devices in a building where other equipment or offices are located shall be separated from the rest of the building, provided with separate outside entrances, and provided with mechanical ventilation; and

(b) Grinding devices that are installed in addition to mechanical screening devices shall have slots no more than ¼-inch wide and be designed to cut or shred material below the surface of the sewage.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 710 Flow and Waste Strength Equalization

N.H. Code Admin. R. Ann. Env-Wq 710.01 Flow and Waste Strength Variations {#sec-env-wq-710.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 710.01}

If the WWTP is expected to experience significant variations in organic or hydraulic loadings, the WWTP shall incorporate methods and equipment to address the variations by either:

(a) Flow or waste strength equalization; or

(b) Alternate means that will ensure that the WWTP operates effectively under the varying conditions.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 710.02 Equalization Tank: Location and Size {#sec-env-wq-710.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 710.02}

(a) Equalization basins shall be located downstream of pretreatment facilities such as mechanical screens, grinders, and grit chambers.

(b) Equalization capacity shall be sufficient to dampen expected flow and strength variations to the extent that is economically advantageous or justified through a life cycle cost analysis.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 710.03 Equalization Tank: Aeration and Mixing {#sec-env-wq-710.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 710.03}

(a) Aeration or mechanical mixing equipment shall be provided to maintain adequate mixing, using corner fillets and hopper bottoms with draw-offs to alleviate the accumulation of sludge and grit.

(b) Aeration equipment shall be provided to maintain a minimum of 0.5 mg/L of dissolved oxygen in the mixed basin contents at all times, with an air supply that is isolated from other WWTP aeration requirements to facilitate process aeration control.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 710.04 Equalization Tank: Controls and Drainage {#sec-env-wq-710.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 710.04}

(a) Inlets and outlets for all basin compartments shall be suitably equipped with accessible external valves, stop plates, weirs, or other devices to permit flow control and the removal of an individual unit from service.

(b) Equalization tanks shall allow the entire tank contents to be drained at a controlled rate and introduced to the remainder of the treatment process.

(c) Facilities shall be provided to measure and indicate liquid levels and flow rates.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 711 Settling

N.H. Code Admin. R. Ann. Env-Wq 711.01 Primary Settling Tanks {#sec-env-wq-711.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 711.01}

(a) Inlets to primary settling tanks shall be designed to:

(1) Dissipate the inlet velocity in each tank to prevent short circuiting; and

(2) Distribute the flow equally to multiple tanks.

(b) Channels in settling tanks shall be designed to prevent sedimentation. Corner pockets and dead ends are not permitted and shall be eliminated if they occur.

(c) Provisions shall be made for elimination or removal of floating materials in inlet structures having submerged ports.

(d) The minimum length of flow from inlet to outlet in rectangular settling tanks shall be 20 feet.

(e) Primary settling tanks shall have a minimum side water depth of 12 feet.

(f) Effective scum collection and removal facilities shall be provided ahead of the outlet weirs on all settling tanks.

(g) Overflow weirs shall be adjustable for leveling.

(h) The tops of troughs, beams, and similar construction features that are submerged shall have a minimum slope of 1.4 vertical to one horizontal.

(i) If primary settling tanks are part of the WWTP design, a minimum of 2 primary settling tanks shall be provided.

(j) All primary settling tanks shall provide safe and easy access for maintenance and protection of operators. Access stairways and elevated walkways shall be equipped with handrails. Walls of primary settling tanks shall extend a minimum of 6 inches above the surrounding ground surface, be provided with safety railings, and have not less than 12 inches freeboard.

(k) For sludge removal from primary settling tanks, provision shall be made for:

(1) Sampling and measuring flow of the sludge; and

(2) For sludge hoppers in rectangular settling tanks, a 1.7 horizontal to one vertical minimum slope of the side walls.

(l) Settling tanks designed for use without mechanical equipment for sludge collection and removal shall be prohibited.

(m) Air lift type of sludge removal shall be prohibited. Primary sludge shall be removed from the sludge hoppers by positive displacement pumps with timers for control of pumping periods.

(n) Average surface overflow rates for primary settling tanks shall not exceed 600 gpd per square foot (gpd/sf) for WWTPs having an average design flow of 1 million gallons per day (MGD) or less.

(o) Average surface overflow rates for primary settling tanks shall not exceed 1,200 gpd/sf for WWTPs having an average design flow greater than 1 mgd, unless reduced primary removal rates are provided in the design loadings for subsequent secondary treatment units.

(p) Surface overflow rates for peak hourly flow shall not exceed 3,000 gpd/sf.

(q) If activated sludge is wasted to the primary tanks, average overflow rates shall not exceed 800 gpd/sf and peak hourly overflow rate shall not exceed 1,200 gpd/sf.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 711.02 Secondary Settling Tanks: Number and Types of Units {#sec-env-wq-711.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 711.02}

(a) Multiple secondary settling tank units capable of independent operation shall be provided.

(b) A minimum of 3 independent secondary settling tanks shall be provided when the average daily design flow is equal to or greater than 5.0 MGD.

(c) Secondary settling tanks for activated sludge may be rectangular or circular, and shall be designed to separate and concentrate mixed liquor, remove settled sludge, and skim, collect, and remove scum and other floatables.

(d) Secondary settling tank walls shall:

(1) Extend at least 6 inches above the surrounding ground; and

(2) Provide not less than 12 inches of freeboard.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 711.03 Secondary Settling Tanks: Design Criteria for Solids Loading {#sec-env-wq-711.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 711.03}

(a) Secondary settling tanks shall be designed integrally with the design of the aeration basins and sludge return facilities. Secondary settling tank sizing shall be based on solids loadings, sludge settleability, settled sludge concentration, and return sludge rates.

(b) Solids loading shall be calculated as follows:

(1) Peak solids loading rate shall be computed based on the design mixed liquor suspended solids (MLSS) under aeration and the design maximum daily flow rate plus the corresponding recycle rate required to maintain the design MLSS;

(2) Allowable solids loading rates shall be determined using solids flux analysis, expected sludge characteristics, and a settling tank factor of safety of 1.3 to 1.5 times the maximum daily flow; and

(3) Settling tank area shall be determined based on a solids flux analysis as specified in section 6.3.5.4 of TR-16, “Guides for the Design of Wastewater Treatment Works” by the New England Interstate Water Pollution Control Commission, revised 2016 edition, available as noted in Appendix B.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 711.04 Secondary Settling Tanks: Design Criteria for Overflow Rates {#sec-env-wq-711.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 711.04}

(a) Subject to (b), below, the design overflow rates shall be determined from solids flux analysis and solids loadings.

(b) In lieu of (a), above, activated sludge settling tanks treating domestic wastes may be sized according to Table 711-1 below, wherein overflow rates are based on solids flux with a factor of safety of 1.3 against settling tank failure, overflow rates for systems with a selector are based on settling characteristics typical of mixed liquor with a sludge volume index (SVI) of 150 mL/g, and overflow rates for systems without selectors are based on settling characteristics typical of a mixed liquor with a SVI of 200 mL/g:

Table 711-1: Secondary Settling Tank Overflow Rates Peak Hourly Flow

MLSS, mg/L

Surface Overflow Rates at Critical Loading with SVI = 150 mL/g, gpd/sf

Surface Overflow Rates at Critical Loading with SVI = 250 mL/g, gpd/sf

1,500

2,100

1,850

2,000

1,710

1,450

2,500

1,400

1,140

3,000

1,140

900

3,500

930

690

4,000

760

550

4,500

610

440

5,000

510

340

(c) Side water depth for secondary settling tanks shall be as follows:

(1) For rectangular units, 12 to 13 feet;

(2) For circular units up to 40 feet in diameter, 12 feet;

(3) For circular units 40 feet to 75 feet in diameter, 14 feet;

(4) For circular units 75 feet to 125 feet in diameter, 16 feet; and

(5) For circular units greater than 125 feet in diameter, 18 feet.

(d) Circular settling tanks shall have a minimum bottom slope of 0.25 inches per foot.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 711.05 Secondary Settling Tanks: Design Criteria for Inlets and Outlets {#sec-env-wq-711.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 711.05}

(a) Inlets shall be designed to minimize short-circuiting and to distribute flow across the entire settling tank.

(b) Scum gathering in the inlet area shall be minimized.

(c) V-notch weirs shall be provided for all outlets. Head over the base of the V-notch shall be less than the depth of the notch. Weirs shall be adjustable to correct for any differential settlement of the tanks.

(d) Effluent launders shall be designed to convey the maximum instantaneous flow without surcharging.

(e) Launder inverts shall be sloped a minimum of 0.5 percent.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 711.06 Secondary Settling Tanks: Design Criteria for Sludge and Scum Removal {#sec-env-wq-711.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 711.06}

(a) Sludge collection and withdrawal facilities shall be designed to accommodate the withdrawal of sludge solids.

(b) Circular units shall be designed to allow alternate sludge wasting and tank drainage from the center of the units.

(c) Rapid sludge removal systems in circular settling tanks shall be designed so that return rates can be directly varied by changes in return sludge pumping rates. Sludge collection tubes on rapid sludge removal systems shall have a submerged discharge to the center well.

(d) Chain and flight sludge collectors in rectangular settling tanks shall be designed with a minimum horizontal velocity of 2 to 3 feet per minute with flights at least 10 feet on center.

(e) Effective baffling to prevent velocity and density currents within the tank and scum removal equipment shall be provided in each secondary settling tank. Scum removal equipment shall facilitate the positive movement of scum to the scum hoppers.

(f) Scum hoppers shall have provisions to facilitate the flushing of scum from the hopper.

(g) Scum piping shall be sized for proper movement of viscous foams.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 711.07 Secondary Settling Tanks: Design Criteria for Return Sludge {#sec-env-wq-711.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 711.07}

(a) Return sludge rate capabilities shall be designed to be the greater of 100 percent of maximum month design flow or 150 percent of annual average day design flow.

(b) At least one return sludge pumping unit shall be provided for each settling tank. The maximum required return sludge capacity shall be available with the largest pumping unit out of service. Pumps may be placed on suction headers, but the arrangement and valving shall be such that any one settling tank can be isolated with a single pump.

(c) A positive suction head shall be provided for all return sludge pumps.

(d) Return sludge pumps shall have at least 3-inch suction and discharge openings.

(e) Rate of sludge return shall be varied by means of variable speed motors, drives, or timers.

(f) Return sludge suction and discharge piping shall be at least 4 inches in diameter and designed to maintain a velocity of not less than 2 feet per second when operating at average sludge return rates.

(g) Suitable devices shall be provided for sampling and measuring return sludge flow rates. Measuring devices shall totalize and record, as well as indicate flows.

(h) Capability shall be provided to return and waste sludge concurrently.

(i) Provisions shall be made for the draining and flushing of discharge lines.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 711.08 Secondary Settling Tanks: Design Criteria for Waste Sludge {#sec-env-wq-711.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 711.08}

(a) Means for measuring, sampling, and controlling the rate of waste activated sludge flow shall be provided. Measuring devices shall totalize and record, as well as indicate flows.

(b) Waste sludge shall be discharged to primary settling tanks, units for concentrating the waste sludge, storage tanks, digesters, dewatering devices, or to other means of direct removal from the plant.

(c) Waste sludge facilities shall be designed to pump the expected minimum and maximum rates of wasting.

(d) Provisions shall be made for the draining and flushing of discharge lines.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 712 Chemical Coagulation for Primary and Secondary Settling Tanks

N.H. Code Admin. R. Ann. Env-Wq 712.01 Chemical Coagulation: Application and Mixing {#sec-env-wq-712.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 712.01}

(a) Chemical coagulants shall be applied at a rate proportional to the wastewater flow.

(b) Rapid and thorough mixing of the wastewater and coagulant(s) shall be provided in small tanks or pipes using:

(1) Inline blenders;

(2) Air mixers;

(3) Mechanical mixers; or

(4) Baffles.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 712.02 Chemical Coagulation: Flocculation Tanks {#sec-env-wq-712.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 712.02}

(a) Flocculation following chemical coagulant mixing shall be completed in channels or tanks that meet the following requirements:

(1) At least 2 flocculation tanks or channels having a combined detention period of between 20 and 30 minutes shall be provided;

(2) Mixing shall be balanced to avoid under-mixing or over mixing such that:

a. Chemicals are completely dispersed;

b. Flocculated particles do not settle; and

c. Flocculated particles are not sheared; and

(3) Independent controls for each tank shall be provided.

(b) Settling tank design shall conform to Env-Wq 711.

(c) A means of dewatering all tanks shall be provided.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 712.03 Chemical Coagulation: Process Impacts. {#sec-env-wq-712.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 712.03}

Chemical coagulation shall not be used unless the owner first evaluates the following potential impacts due to chemical addition:

(a) Increased sludge production;

(b) Change in sludge thickening and dewatering characteristics;

(c) Biological phosphorous removal and denitrification capability;

(d) Sludge settling characteristics in subsequent treatment processes; and

(e) Increased operation and maintenance costs of the chemical feed system.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 713 Suspended Growth Biological Treatment

N.H. Code Admin. R. Ann. Env-Wq 713.01 Activated Sludge: General Design Requirements {#sec-env-wq-713.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.01}

(a) The activated sludge process and its various modifications shall be used only where sewage is amenable to biological treatment.

(b) WWTP design shall provide for multiple aeration tanks capable of passing peak hourly flow with one unit out of service and of meeting process requirements with all units on line.

(c) Where the WWTP design provides for all return sludge to be mixed with the raw sewage or primary effluent at one location, then the mixed liquor flow rate to each aeration unit shall be equal by means of a controlled distribution structure.

(d) All activated sludge designs shall include provisions for the control of bulking sludge and filamentous micro-organisms.

(e) Return sludge equipment shall comply with the following:

(1) The return sludge rate shall be varied by means of variable speed motors, drives, or timers. All designs shall provide for flexibility in operation. The return sludge rate shall be at least 100 percent of average annual influent design flow and sufficient to maintain design MLSS at maximum day flow rates;

(2) The maximum return sludge capacity shall be obtained with the largest pump out of service; and

(3) A method for observing, sampling, and controlling return activated sludge flow from each settling tank shall be provided.

(f) Waste sludge facilities shall comply with the following:

(1) In addition to capacity required for return sludge pumping, waste sludge pumping facilities shall be provided with a minimum capacity not less than 25 percent of design average rate of wastewater flow, or a minimum of 10 gpm, whichever is larger. Waste sludge pumps shall function satisfactorily at 0.5 percent of design annual average wastewater flow;

(2) Waste activated sludge may be discharged to the primary settling tanks, sludge digestion tanks, sludge thickening or dewatering processes, storage tank or any practical combination of these units; and

(3) A method for observing, sampling, and controlling waste activated sludge flow shall be provided.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.02 Activated Sludge: Aeration System Requirements {#sec-env-wq-713.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.02}

(a) An aeration system shall be designed to:

(1) Meet maximum oxygen demand and mixing requirements and maintain process performance with the largest unit out of service;

(2) Provide for varying the amount of oxygen transferred in proportion to the load demand on the WWTP; and

(3) Have motors, gear housing, bearings, grease fittings, and other parts requiring maintenance in a location that is:

a. Accessible under routine operating conditions; and

b. Protected from submergence and spray as necessary for proper functioning.

(b) The mechanism and drive unit for oxygen transfer shall be:

(1) Designed for the expected conditions in the aeration tank in terms of power performance; and

(2) Tested and certified by the aerator manufacturer.

(c) Each aeration drop leg shall be equipped with:

(1) Control valves that have indicator markings for throttling and complete shut off; and

(2) Air flow measurement capability.

(d) Air filters shall be:

(1) Provided in numbers, arrangement, and capacities to furnish at all times an air supply sufficiently free from dust to prevent damage to blowers and clogging of the diffuser system used; and

(2) Equipped with a means to measure pressure drop across the air filters.

(e) Blowers shall be located in a room that:

(1) Is separated from the office, laboratory, or control room by insulated walls to minimize blower noise, such that the noise level does not exceed 90 decibels in the blower room and does not exceed 50 decibels in the office, laboratory, or control room;

(2) Has mechanical ventilation; and

(3) Is equipped with heat recovery units if economically justified based on life cycle cost analysis.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.03 Activated Sludge: Aeration System Performance Requirements {#sec-env-wq-713.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.03}

(a) To allow for increased energy efficiency in WWTP operation through the expected life of a WWTP, the owner shall:

(1) Provide multiple blowers for diffused air systems that are sized to:

a. Meet the current facility peak aeration demand;

b. Meet turndown requirements as described in (b), below; and

c. Avoid over-aerating at current daily minimum flows;

(2) Conduct an energy evaluation to determine the optimum blower sizing, turndown, and staging;

(3) If current peak aeration demands are below peak design aeration demands, provide sufficient blower capacity to meet current peak aeration demands while ensuring that blower rooms are large enough to accommodate the blower configuration necessary to meet peak design demands;

(4) Demonstrate financial capacity or set up a reserve account to set aside the estimated money required to install additional blowers when needed to meet increased peak aeration demands; and

(5) Arrange blowers in such configuration and capacities as to meet the current peak aeration demands with the single largest unit out of service.

(b) The aeration system shall be designed to:

(1) Have sufficient turndown capability that does not extend beyond the efficient operational range of the blowers, when using multiple same-sized blowers or staging with multiple varied-sized blowers;

(2) Not over-aerate or require blowing off excess air at initial year minimum flows; and

(3) Operate most efficiently at average organic loading conditions.

(c) Air requirements for a diffused air system shall be determined by incorporating the following factors, which shall be included in the design specifications or supporting documentation submitted to the department:

(1) Tank depth;

(2) Alpha factor of waste;

(3) Beta factor of waste;

(4) Certified aeration device transfer efficiency;

(5) Minimum aeration tank dissolved oxygen concentration;

(6) Mixing requirements needed to maintain solids suspension;

(7) Critical wastewater temperature; and

(8) Altitude of WWTP.

(d) Aeration requirements for carbonaceous BOD5 removal shall be based upon the maximum monthly BOD5 loading.

(e) All aeration equipment shall be capable of maintaining a minimum of 1.0 mg/L of dissolved oxygen in the mixed liquor unless a lower minimum dissolved oxygen can be justified based on process modeling.

(f) Diffused air system design shall use data derived from pilot testing or an empirical approach.

(g) When pilot facility or experimental data is not available, the design oxygen requirements shall:

(1) Be 0.8 to 1.2 pounds of oxygen per pound BOD5 removed;

(2) Be 4.57 pounds oxygen per pound design maximum day total Kjeldahl nitrogen (TKN) available for nitrification, where TKN available for nitrification is calculated as influent TKN less nitrogen required for carbonaceous growth less non-biodegradable nitrogen; and

(3) Include oxygen demands due to high BOD5 and TKN concentrations in recycle flows such as heat treatment and digester supernatants, vacuum filtrate, belt filter pressate, waste sludge recycled to primary clarifiers, and elutriates.

(h) The aeration system shall be designed to match the diurnal organic load variation while economizing on power input.

(i) The capacity of the blowers or air compressors shall be based on the site altitude and site specific minimum and maximum summer and winter temperatures.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.04 Activated Sludge: Protection of Aeration Systems {#sec-env-wq-713.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.04}

(a) Electrical controls for all aeration equipment shall be protected from the elements.

(b) Where extended cold weather conditions occur, the aerator mechanism and associated structure shall be protected from freezing due to ice formation from splashing.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.05 Activated Sludge: Aeration Tank Design {#sec-env-wq-713.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.05}

(a) The aeration tank size for any particular adaptation of the activated sludge process shall be determined by:

(1) Pilot studies; or

(2) Rational calculations based primarily on solids retention time (SRT) and MLSS levels while also considering other factors, including but not limited to capacity, wastewater characterization relevant to the proposed process, diurnal load variations, degree of treatment required, pH, temperature, alkalinity, and dissolved oxygen.

(b) The engineer shall furnish aeration tank sizing calculations to the department with the engineering design documents.

(c) Aeration tank volume requirements for nitrification shall be based on maximum monthly loading.

(d) The dimensions of each independent mixed liquor aeration tank or return sludge re-aeration tank shall be such as to maintain effective mixing and use of air, provided that liquid depths shall be not less than 12 feet nor more than 25 feet.

(e) Inlets and outlets for each aeration tank unit shall be equipped with valves, gates, stop plates, weirs, or other devices to permit flow control to any unit and to maintain a constant liquid level while preventing short-circuiting through the tank.

(f) Channels and pipes carrying liquids with solids in suspension shall be designed to maintain self-cleansing velocities or shall be agitated to keep such solids in suspension at all rates of flow within the design limits.

(g) Piping shall allow flexible operation sequence of tanks and returned sludge inlets.

(h) Aeration tank freeboard shall be:

(1) Not less than 3 feet if a mechanical surface aerator is used; and

(2) Not less than 18 inches in all other aeration tanks.

(i) Froth and foam control or removal shall be provided at the aeration tanks.

(j) Thorough mixing of the mixed liquor to prevent deposition of solids at any point in the tanks shall be provided.

(k) Aeration tanks shall have probes to monitor dissolved oxygen in place, to control power consumption, and match oxygen demand with oxygen supply.

(l) Diffusers shall be spaced to satisfy oxygenation requirements through the length of the channel or tank, and to facilitate spacing adjustments without major revisions to the existing air header piping.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.06 Oxidation Ditches {#sec-env-wq-713.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.06}

(a) Oxidation ditch design shall be based on experience at other comparable facilities and meet the applicable requirements of Env-Wq 713.01 through Env-Wq 713.05 except as modified in this section.

(b) Oxidation ditch design shall comply with the following requirements:

(1) Ditches shall be interconnected such that either ditch can be taken out of service temporarily and the ditches can be operated either in series or in parallel; and

(2) Minimum horizontal velocity shall be not less than one foot per second.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.07 Sequencing Batch Reactors. {#sec-env-wq-713.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.07}

(a) Sequencing batch reactor (SBR) design shall be based on experience at comparable facilities and meet the applicable requirements of Env-Wq 713.01 through Env-Wq 713.05 except as modified in this section.

(b) SBRs shall be designed and constructed to allow for static fill, mixed fill, and aerated fill to allow for operational flexibility.

(c) More than 2 tanks shall be provided, unless one of the following is provided:

(1) An influent flow equalization tank sized to hold a minimum of 2 design capacity decantable volumes; or

(2) Provisions to allow SBR tanks to operate in a continuous flow-through mode during emergency operations.

(d) System sizing shall be based on aerated SRT.

(e) System reliability with any single SBR tank out of service and the instantaneous flow delivery shall be evaluated in the design of decanter weirs and approach velocities.

(f) The decanter shall not create a vortex or take in floatables or sludge.

(g) Scum removal shall be provided.

(h) The SBR design shall include in-place dewatering capability and provisions for transferring mixed liquor between the SBR tanks.

(i) Each SBR tank shall be capable of wasting sludge during each cycle.

(j) If blowers are provided, blowers shall meet the requirements of Env-Wq 713.02 through 713.05.

(k) Mechanical mixing independent of aeration shall be provided for all systems where biological phosphorous removal or denitrification is required, with mixing equipment sized to thoroughly mix the entire basin from a settled condition within 3 minutes without aeration.

(l) Post-SBR tank flow equalization shall be provided to equalize flow variations and designed to meet the following criteria:

(1) Hold a minimum of one design capacity decantable volume;

(2) Provide a means to return the decanted effluent to the headworks for additional treatment; and

(3) Provide a means to remove solids from the tank bottom.

(m) An automatic process control having an uninterruptible power supply with electrical surge protection shall be provided.

(n) Manual override shall be provided in addition to automatic process control. Both automatic and manual controls shall allow independent operation of each tank.

(o) Controls shall allow at least 20 minutes of settling between the react and decant phases.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.08 Aerated Lagoon Design: General Requirements {#sec-env-wq-713.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.08}

(a) To develop final design parameters for aerated lagoons, actual operating data shall be used, if available.

(b) If actual data is not available, the aerated lagoon system design for minimum detention time in days (t) shall be estimated for each aerated cell by dividing the percent of BOD5 to be removed in the aerated lagoon (E) by the product of 2.3 multiplied by the reaction rate coefficient for an aerated lagoon in base 10 (k1) multiplied by the result of subtracting E from 100, as shown in the following formula:

t = E

2.3k1(100-E)

(c) For purposes of (b), above, the reaction rate coefficient (k1) shall be as follows:

(1) For domestic wastewater, 0.12/day at 68°F, equivalent to 20°C, and 0.06/day at 34°F, equivalent to 1°C, unless data is available to indicate a more appropriate k1 value for the specific site;

(2) For domestic wastewater that includes some industrial wastes, other wastes, and partially treated wastewater, as determined experimentally for various conditions which might be encountered in the aerated ponds; and

(3) Conversion of the reaction rate coefficient to other temperatures shall be made based on experimental data.

(d) There shall be a minimum of 3 separate cells. Baffles may be used to create up to 2 cells in one lagoon.

(e) All aerated lagoon systems shall be designed with piping flexibility to allow isolation of any cell without affecting the transfer and discharge capabilities of the total system.

(f) The ability to discharge influent waste load to a minimum of 2 cells or all primary cells in the system shall be provided.

(g) The shape of all lagoons shall be such that there are no narrow or elongated portions. Lagoons shall be round, square, trapezoidal, or rectangular with the length not exceeding 3 times the width.

(h) Additional lagoon volume of at least 20 percent shall be included for sludge storage and ice cover.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.09 Aerated Lagoon Design: Aeration Equipment {#sec-env-wq-713.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.09}

In addition to the applicable portions of Env-Wq 713.02 through Env-Wq 713.05, aerated lagoon aeration equipment shall meet the following requirements:

(a) Aeration shall be of the diffused or mechanical mixing type; and

(b) For diffused air systems:

(1) Multiple blower units shall be provided and sized such that, with any unit out of service, the remaining units are capable of supplying all aeration needs;

(2) Means shall be provided for regulating, measuring, and recording the flow of air to the lagoons;

(3) Air diffusion piping headers and piping supports shall be corrosion-resistant with a durability for the anticipated life of the WWTP; and

(4) Ductile iron pipe headers or piping shall not be cement lined.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.10 Aerated Lagoon Design: Inlet and Outlet Piping {#sec-env-wq-713.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.10}

(a) Aerated lagoon piping systems shall be designed to avoid areas of stagnation, short circuiting, solids deposition, or dead zones in the lagoons.

(b) Inlet piping shall be located 1/5 to 1/3 of the total water depth from the lagoon bottom, but not less than 2 feet above the bottom of the lagoon bottom. On lagoons 150 or more feet wide, multiple inlets shall be used to enhance distribution of the influent flow.

(c) Outlets shall be designed to provide multiple draw-off levels. Draw-off capability shall be provided over as much of the operating depth as feasible.

(d) All aerated cells shall have influent lines which distribute the load within the mixing zone of the aeration equipment to minimize short-circuiting.

(e) The influent line shall discharge vertically on to a concrete apron no smaller than 4 square feet to prevent scouring and erosion.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.11 Aerated Lagoon Design: Distribution and Interconnection Piping {#sec-env-wq-713.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.11}

(a) Self-cleaning velocities shall be present in aerated lagoon distribution piping.

(b) To prevent erosion due to discharge at the termination of distribution and interconnecting piping, the piping shall discharge vertically on a concrete apron 4 feet square, as a minimum.

(c) Interconnecting piping shall discharge vertically near the lagoon bottom and at the dike, thereby reducing erosion effects.

(d) Piping shall be ductile iron, stainless steel, HDPE, or SDR 35 PVC.

(e) Distribution and interconnection piping clean-outs shall be provided.

(f) Seepage collars shall be provided around any pipes penetrating the dike. The collars shall extend a minimum of 2 feet radially from the pipe.

(g) Flow distribution structures shall be designed to effectively split hydraulic and organic loads equally to primary cells.

(h) All primary cells shall have individual influent lines that terminate approximately at the mid-point of the cell width and at approximately 2/3 of the cell length away from the outlet structure to minimize short-circuiting.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.12 Aerated Lagoon Design: Overflow Structures {#sec-env-wq-713.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.12}

(a) Intakes for aerated lagoon overflow structures shall be located a minimum of 10 feet from the toe of the dike and 2 feet below the top of the liner.

(b) Weirs or gates shall be of lightweight, corrosion-resistant material such as aluminum or fiberglass.

(c) Scum baffle mechanisms shall be provided.

(d) Provision shall be made for draining the lagoons.

(e) Location of draw off pipes shall minimize erosion effects.

(f) To prevent overtopping the dikes, emergency overflow between cells shall be provided.

(g) Hydraulic capacity for discharge structures and piping shall allow for a minimum of 250 percent of the design maximum day flow of the system.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.13 Aerated Lagoon Design: Embankments, Dikes, and Bottom {#sec-env-wq-713.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.13}

(a) Aerated lagoon dikes, embankments, and bottoms shall form a stable structure impervious to seepage of lagoon liquid.

(b) The minimum top width of a dike or embankment shall be 8 feet to permit access by maintenance vehicles.

(c) Aerated lagoon dikes and embankments shall have inner faces not steeper than a 3:1 slope nor shallower than a 4:1 slope, and outer faces not steeper than a 3:1 slope.

(d) Aerated lagoons shall be designed such that surface water shall not flow or drain into the lagoons.

(e) Aerated lagoon dikes shall be designed to provide a minimum of 3 feet of freeboard above normal lagoon water surface elevation.

(f) For aerated lagoon systems, the design water depth shall range from a minimum of 10 feet to a maximum of 20 feet.

(g) Seeding and erosion control shall be as follows:

(1) Outside slopes shall be seeded with perennial type, slow growing, spreading grasses that minimize erosion and can be mowed; and

(2) Inside slopes shall have rip rap or comparable material of suitable size and weight installed from the top of the dike to at least one foot below normal lagoon operating level to protect the slopes from erosion and wave action.

(h) The lagoon bottom shall be smooth and level at all points. Finished elevations shall vary not more than 3 inches from the average elevation of the bottom.

(i) A minimum separation of 4 feet between the bottom of the pond and the maximum ground water elevation shall be provided unless an effective underdrain system is provided.

(j) A minimum separation of 2 feet between the liner bottom at the bottom of the lagoon and any bedrock formation shall be provided.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.14 Aerated Lagoon Design: Groundwater Pollution and Soil Formation {#sec-env-wq-713.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.14}

(a) Contamination of groundwater by transmission through the soil or overflows that can cause a health hazard in water supplies or cause ground or surface water quality violations shall be prohibited.

(b) Liquid loss through the lagoon dikes and bottom shall be prohibited.

(c) Impervious membrane liners shall be installed in all new lagoons.

(d) Lined lagoons shall be permitted as required by Env-Or 700.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 713.15 Aerated Lagoon Design: Area Control {#sec-env-wq-713.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 713.15}

(a) Fencing shall surround the entire site with locking access gates for vehicles and equipment. Fencing shall not obstruct maintenance vehicle traffic on top of the dikes.

(b) An all-weather access road shall be provided to the pond site to allow year-round maintenance of the facility.

(c) Warning signs advising against trespassing and showing the nature of the facility shall be posted along the fence as follows:

(1) At least one sign on each side of the site; and

(2) At least one sign for every 500 feet of the fence’s perimeter.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 714 Fixed Film Biological Treatment

N.H. Code Admin. R. Ann. Env-Wq 714.01 Trickling Filters: General Requirements {#sec-env-wq-714.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 714.01}

(a) Biological trickling filters shall only be used when the sewage is amenable to treatment by aerobic biologic processes.

(b) Trickling filters shall be preceded by effective settling tanks equipped with scum collecting devices or other suitable pretreatment facilities and followed by secondary settling tanks in accordance with Env-Wq 711.02 through Env-Wq 711.08.

(c) Trickling filters shall be designed either as low-rate or high-rate filters which incorporate recirculation. Reduction in BOD5 in primary settling tanks shall not exceed 35 percent for filter design criteria.

(d) Design submittal requirements shall be as specified in Env-Wq 703.

(e) WWTP design shall provide for multiple trickling filters capable of passing peak hourly flow with one unit out of service and of meeting process requirements with all units on line.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 714.02 Trickling Filters: Size Requirements {#sec-env-wq-714.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 714.02}

(a) Trickling filters treating domestic wastes shall be sized according to Table 714-1 below, subject to the notes in (b) below:

Table 714-1: Trickling Filter Design Criteria

Design Parameter

Roughing

Carbon Oxidizing (cBOD₅ removal)

cBOD₅ and Nitrification

Nitrification

Media typically used

Vertical Flow

Rock, cross-flow or vertical flow

Rock, cross-flow or vertical flow

Cross-flow

Media-specific surface area, sf/cf

31 to 40

14 to 68

14 to 68

30 to 68

Wastewater Source

Primary effluent

Primary effluent

Primary effluent

Secondary effluent

Hydraulic loading, gpm/sf

0.9 to 2.9

0.25 to 1.5

0.25 to 1.5

0.6 to 1.5

Lb BOD₅/d-1000 cf

100 to 220

20 to 60

5 to 15

not applicable

Lb NH₃ -N/d-1000 cf

not applicable

not applicable

0.04 to 0.2

0.1 to 1.5

Effluent quality, mg/L unless noted

50 to 75% filtered cBOD₅conversion

15 to 30 cBOD₅ and TSS

<10 cBOD₅

<3 NH₃ –N ^A

0.5 to 3 NH₃ –N

Predation

No appreciable growth

Beneficial

Detrimental (nitrifying biofilm)

Detrimental

Filter flies

No appreciable growth

No appreciable growth

No appreciable growth

No appreciable growth

Depth

3 to 20

5 to 40

5 to 40

5 to 40

(b) In Table 714-1, the letter “A” means the concentration remaining in the clarifier effluent stream.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 714.03 Rotating Biological Contactors (RBCs) {#sec-env-wq-714.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 714.03}

(a) Rotating biological contactors (RBCs) shall only be used when the sewage is amenable to treatment by aerobic biological processes.

(b) RBC units shall be housed or otherwise protected from winter conditions, freezing damage, and UV degradation.

(c) Covers shall be designed to provide adequate ventilation and enclosed structures shall be protected from corrosion due to high humidity. Enclosures shall allow for the removal of one shaft without interfering with the WWTP operation.

(d) Covers shall allow operator access to all parts of the RBCs for observation and maintenance.

(e) RBCs shall be preceded by effective settling tanks equipped with scum collecting devices or other suitable pretreatment facilities in addition to those required in Env-Wq 711.01.

(f) Multiple trains shall be furnished for flexible operation and stage bypassing.

(g) Flow control to RBC tanks shall be by splitter boxes and weirs.

(h) Buildings housing RBC processes shall have ventilation of at least 6 air changes per hour.

(i) Electrical system components, panels, light fixtures, motors, and control centers shall be watertight and corrosion resistant.

(j) Shafts and media shall be designed for an operational life of 20 years.

(k) RBC units shall be sized in accordance with the following:

(1) Organic loading to the first stage of the RBC system shall not exceed 6 to 8 pounds of BOD5/1,000 square feet/day or 2.5 to 4 pounds of soluble BOD5/1,000 cubic feet/day; and

(2) Maximum bearing capacities for the shafts shall be specified based on the expected film thickness, the capacity to strip biofilm, and an adequate margin of safety. Load cells shall be provided for all shafts to monitor loadings.

(l) Media shall be constructed to allow portions to be removed for cleaning and replacement without requiring the entire shaft assembly to be removed from the tanks.

(m) Adequate flexibility in process operation shall be provided by including one or more of the following in the design:

(1) Variable rotational speeds in the first and second stages, including speed reversal to remove excess biofilm;

(2) Removable baffles between all stages in contoured basins to avoid dead spaces;

(3) Positive influent flow control to each unit or flow train, including positively-controlled alternate flow distribution systems such as step feed;

(4) Positive air flow metering and control to each shaft when supplemental air or motor driven units are used; or

(5) Recirculation of secondary effluent.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 715 Disinfection

N.H. Code Admin. R. Ann. Env-Wq 715.01 Disinfection Requirement {#sec-env-wq-715.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 715.01}

All wastewater shall be disinfected prior to discharge when the discharge permit includes bacteria limitations.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 715.02 Methods {#sec-env-wq-715.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 715.02}

The following disinfectant methods shall be allowed for wastewater discharges:

(a) Sodium hypochlorite or calcium hypochlorite;

(b) Ultraviolet irradiation; or

(c) Other performance-based innovative technologies that are shown to be cost-effective and able to meet the disinfection requirements of the discharge permit.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 715.03 Hypochlorite Systems {#sec-env-wq-715.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 715.03}

(a) Hypochlorite solution feed equipment shall incorporate effluent flow proportional control systems or effluent flow proportional combined with demand proportional control systems.

(b) Hypochlorite feeders shall be of the positive displacement type.

(c) Hypochlorite solution storage shall be of sufficient volume to provide for dosing at the anticipated maximum dose rate at design annual average flow for 15 days.

(d) Hypochlorite solution feed systems shall be capable of dosing at the anticipated maximum dose rate at maximum flows, with turndown capabilities to accommodate minimum flows.

(e) A redundant hypochlorite feed pump shall be provided.

(f) Rooms housing hypochlorite feed equipment and appurtenances shall be mechanically ventilated to provide at least 6 air changes per hour.

(g) Mechanical ventilation systems shall draw from floor level.

(h) Application of hypochlorite shall be as follows:

(1) Mixing of the disinfectant at the point of injection before the contact tank shall be provided using hydraulic or mechanical means; and

(2) A minimum contact period of 15 minutes at peak hourly flow or maximum rate of pumping shall be provided.

(i) Contact tank design shall be as follows:

(1) The contact tank shall have a minimum of 2 separate chambers;

(2) The contact tank shall be configured to reduce short-circuiting of flows;

(3) A minimum 40:1 length to width ratio of the contact passage shall be provided;

(4) A scum baffle and scum removal piping shall be provided at the effluent end of the tank;

(5) Provisions shall be made for draining and washing down the contact tank; and

(6) Drainage flow shall be returned to the treatment process.

(j) Facilities shall be provided for obtaining samples, either grab or continuous as stipulated by permit, of the disinfected effluent after contact.

(k) Equipment for residual chlorine testing and recording shall be provided, which is capable of measuring in the range from 10 parts per million to the lower limit established by permit.

(l) Alarm systems shall be provided for:

(1) Low hypochlorite storage tank level;

(2) High hypochlorite storage tank level; and

(3) Failure of the hypochlorite feed system.

(m) Hypochlorite solution, storage tanks, pumps, and feed lines shall be protected from freezing.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 715.04 Dechlorination {#sec-env-wq-715.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 715.04}

Systems.

(a) Dechlorination to reduce free and combined chlorine residuals in WWTP effluent, if required by permit, shall be by use of sulfite salt solutions.

(b) Dechlorination systems shall:

(1) Be sized to chemically neutralize 5 parts per million total residual chlorine at all flows;

(2) Be of the positive displacement type;

(3) Include storage of sufficient volume to provide for dosing at the anticipated maximum dose rate at design annual average flow for 15 days;

(4) Include a redundant dechlorination feed pump;

(5) Provide thorough hydraulic or mechanical mixing at the point of sulfite injection;

(6) Provide a flow proportional feed forward control system;

(7) Provide a sampling point for compliance monitoring after dechlorination;

(8) Provide an alarm system to actuate upon failure of the dechlorination feed system;

(9) Have chemical storage tanks equipped with a mechanical mixing device to keep the chemical solution completely mixed; and

(10) Have dechlorination solutions, storage tanks, pumps, and feed lines protected from freezing.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 715.05 Ultraviolet (UV) Irradiation Systems {#sec-env-wq-715.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 715.05}

(a) An initial assessment of the capabilities of UV disinfection shall be made through transmittance testing to demonstrate the absence of interfering constituents.

(b) UV disinfection systems shall deliver UV radiation dosages as demonstrated by plant-specific pilot testing to be effective in maintaining compliance with the bacteriological limits of the discharge permit.

(c) The UV disinfection system shall consist of multiple banks of lamp modules capable of disinfecting peak hourly flows with one bank out of service.

(d) Provisions shall be made for easy removal and inspection of UV lamps for maintenance or replacement without draining the UV channel.

(e) Provisions shall be made for cleaning the lamp sleeves.

(f) Provisions shall be made for draining and cleaning the UV channel while maintaining adequate disinfection or storing forward flow.

(g) For facilities with a design average flow in excess of 100,000 gpd, UV system controls shall enable UV disinfection system output to be varied in proportion to the effluent flow, percent transmittance, or a combination of both parameters in order to disinfect over the range of water quality conditions.

(h) Warning alarms and automatic shutdown shall be provided. Lamp output through the contact area shall be monitored, and a low dosage warning signal shall be furnished.

(i) The UV system shall be connected to the WWTP’s standby power source and shall be equipped with an uninterruptible power supply to power unit during transfers to and from the standby power source.

(j) The UV system shall not produce any dangerous levels of ozone.

(k) The UV system operating area shall be ventilated.

(l) The UV system shall be fully enclosed in a building for year-round operation.

(m) Provisions for measuring UV transmittance shall be provided.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 716 Sludge Handling and Disposal

N.H. Code Admin. R. Ann. Env-Wq 716.01 Sludge Stabilization Methods {#sec-env-wq-716.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.01}

(a) Liquid or solid phase sludge stabilization in accordance with this part shall be required prior to the beneficial use of sludge and scum in accordance with Env-Wq 800 and 40 CFR Part 503.

(b) Acceptable solid phase sludge stabilization processes after dewatering shall be based on the types and quantities of wastewater, septage, and other waste streams to be accepted, as applicable, and may include one or more of the following:

(1) Composting;

(2) Heat drying;

(3) Pasteurization;

(4) Air-drying; and

(5) Lime stabilization.

(c) Acceptable liquid phase sludge stabilization processes shall be as follows:

(1) Anaerobic digestion, including mesophilic and thermophilic processes;

(2) Aerobic digestion;

(3) Liquid lime stabilization; and

(4) Other processes approved under Env-Wq 800 and 40 CFR Part 503.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.02 Sludge Stabilization Design Requirements {#sec-env-wq-716.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.02}

(a) Sludge stabilization processes shall be designed to meet the requirements of Env-Wq 800 for pathogen and vector attraction reduction for Class A or Class B biosolids.

(b) Proprietary processes for which design criteria are primarily provided by equipment manufacturers to accommodate their equipment and design concepts shall be supported by a detailed basis of design which cites existing successfully-operating facilities with similar solids types and similar capacities with similar design criteria.

(c) Access for maintenance, repair, and inspection shall be provided for all stabilization process equipment and related tankage.

(d) Safety devices shall include:

(1) Automatic shutdown upon critical system component malfunction;

(2) Alarm systems for equipment failure; and

(3) Alarm systems for hazardous conditions.

(e) Redundancy of equipment and tankage or storage shall be provided so that the solids stabilization process will continue to be operable in the event of a failure of any single system component.

(f) Odor control technology and practices shall be provided to control odors generated from the solids handling processes to minimize the impact of odors outside the facility property boundaries.

(g) A written contingency plan that describes how solids processing and sludge removal will continue in the event of stabilization process equipment failure shall be submitted to the department pursuant to Env-Wq 703 for all proposed stabilization processes.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.03 Sludge Handling and Disposal Design Criteria {#sec-env-wq-716.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.03}

A complete summary of the proposed design criteria for solids handling processes shall be provided in the basis of design, including:

(a) Intended disposal methods;

(b) Projected design year loadings;

(c) A detailed description and analysis of the design criteria used to select an alternative design, if applicable;

(d) Projected performance; and

(e) Proposed odor control technology.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.04 Sludge Grinder Pumps. {#sec-env-wq-716.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.04}

(a) Sludge grinder pumps shall be installed prior to sludge processing equipment that would be adversely affected by large solids.

(b) Grinders shall be installed on the suction side of the pump to prevent clogging.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.05 Sludge Storage Requirements {#sec-env-wq-716.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.05}

(a) Sludge storage facilities shall be designed to control odors so that odors do not create a nuisance at the property boundary.

(b) Storage capacity shall be designed to accommodate at least 5 days of sludge production based on maximum month design sludge generation rate.

(c) Storage areas shall be designed to minimize tracking of dewatered cake on-site and eliminate runoff from the dewatered cake storage area to other portions of the site or off-site.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.06 Anaerobic Sludge Digestion: Tanks {#sec-env-wq-716.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.06}

(a) Multiple tanks piped to operate both in series and in parallel shall be provided for the anaerobic sludge digestion process unless alternate methods of sludge stabilization and emergency storage are provided.

(b) Tank capacity shall be determined based on:

(1) Volume of sludge added;

(2) Percent solids and character;

(3) Temperature to be maintained in the digesters;

(4) Mixing to be obtained;

(5) Degree of volatile solids reduction required. For high rate digestion, the volatile solids loading shall not exceed 0.16 pounds per cubic foot per day; and

(6) Allowance for grit accumulation.

(c) If the digesters will serve as supernatant separation tanks, the tank sidewater depth shall:

(1) Be a minimum of 20 feet; and

(2) Allow for the formation of supernatant liquor.

(d) Digester tanks shall be covered.

(e) Sludge mixing systems shall be capable of:

(1) Mixing sludge to a uniform consistency; and

(2) Controlling foam.

(f) Digestion tanks shall incorporate the following features to facilitate emptying, cleaning, and maintenance:

(1) The tank bottom shall slope to drain toward the withdrawal pipe at a slope of not less than 3 inches per foot unless mechanical sludge collection is employed and then slope of not less than one inch per foot;

(2) At least 2 access manholes having 36-inch diameters and one gas dome shall be provided in the top of the tank with stairway access to the manholes;

(3) At least one additional access manhole shall be provided and shall be large enough to permit the mechanical removal of grit and sand;

(4) Non-sparking tools, rubber-soled shoes, safety harness, gas detectors for flammable and toxic gases, and gas masks of the hose or oxygen helmet type shall be specified for use in the tanks; and

(5) Alarms shall be installed to warn of:

a. Any drop of the liquid level below minimum operating elevation; or

b. Low pressure in the space above the liquid level.

(g) Digestion tanks shall incorporate the following inlet and draw-off features:

(1) Multiple sludge inlets and draw-offs ports and, where used, multiple recirculation suction and discharge points, to facilitate flexible operation and effective mixing of the digester contents shall be provided unless adequate mechanical mixing facilities are provided within the digester;

(2) One inlet shall discharge above the liquid level and be located at approximately the center of the tank to assist in scum breakup;

(3) The inlet discharge shall be isolated from the gas draw-off point of the cover; and

(4) Raw sludge inlet discharge points shall be located so as to minimize short-circuiting.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.07 Anaerobic Sludge Digestion: Piping and Appurtenances {#sec-env-wq-716.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.07}

(a) Digester systems shall be equipped with thermometers to monitor temperatures of the sludge, hot water feed, hot water return, and boiler water.

(b) All portions of the gas system, including the space above the tank liquor, storage facilities, and piping, shall be designed such that under normal operating conditions, including sludge withdrawal, the gas shall be maintained under positive pressure.

(c) All occupied enclosed areas where gas leakage might occur shall be mechanically ventilated in accordance with the NFPA as incorporated by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B.

(d) All gas metering, compressor, control, and appurtenant equipment shall be located in a separate room with only an outside entrance and equipped with a hazardous gas detection alarm system.

(e) Pressure and vacuum relief valves and flame traps together with automatic safety shut-off valves shall be provided.

(f) The gas piping system shall be:

(1) Protected from freezing;

(2) Sloped 1-2 percent to drain to condensation traps at all low points;

(3) Equipped with either float-controlled or U-tube water seal type condensate traps;

(4) Corrosion resistant; and

(5) Designed to maintain digester gas velocities less than 12 feet per second.

(g) Gas burning boilers and engines shall be:

(1) Located in ventilated rooms at ground level;

(2) Separated from the digester gallery; and

(3) Equipped with flame traps and pressure relief valves at a minimum.

(h) Cogeneration system design parameters shall include:

(1) Volume of gas produced by digesters;

(2) Digester gas energy value in BTUs/cubic foot;

(3) Gas composition;

(4) Gas storage capability; and

(5) Gas pretreatment requirements.

(i) Electrical systems and equipment shall comply with the NEC requirements adopted by reference in the state building code pursuant to RSA 155-A:1, IV, for the installed locations.

(j) Digester pipe galleries shall be designed in accordance with the NFPA as incorporated by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B.

(k) Waste gas burners shall be accessible and located:

(1) At least 25 feet away from any plant structure when placed at ground level; or

(2) On the roof of a control building if they are:

a. Removed from the tank; and

b. High enough that flames will not be blown within 10 feet of the roof surface.

(l) A gas meter with by-pass shall be provided to measure total gas production, per-tank gas production, and flared gas.

(m) Digestion tanks shall be insulated to minimize heat loss.

(n) Sludge shall be heated by circulating the sludge through external heaters and piping shall be designed to provide for the preheating of feed sludge before introduction to the digesters. Provisions shall be made in the layout of the piping and valving to facilitate cleaning of these lines.

(o) Where digestion gas is used for heating, an auxiliary fuel shall be provided.

(p) For tanks where supernatant is withdrawn from the digester, digester supernatant piping shall be:

(1) Not less than 6 inches in diameter;

(2) Arranged so that withdrawal can be made from 3 or more levels in the tank; and

(3) Equipped with an unvalved emergency overflow designed to prevent sludge discharge to the gas system that will convey digester overflow to the WWTP headworks, the aeration process, or to another liquid sludge storage facility and that has provisions for monitoring overflows and sounding an alarm if and when an overflow occurs.

(q) Provision shall be made for sampling at each supernatant draw-off level.

(r) High pressure backwash facilities shall be provided for the piping system.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.08 Aerobic Sludge Digestion {#sec-env-wq-716.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.08}

(a) Aerobic sludge digestion shall be accomplished in a tank or tanks designed to provide effective air mixing, reduction of the organic matter, and sludge concentration under controlled conditions.

(b) Tank capacities shall be based on the quantity of sludge produced and sludge characteristics including concentration and aeration time.

(c) Volatile solids loading shall not exceed 300 pounds per 1,000 cubic feet of volume per day in the digestion units.

(d) A minimum of 15 days detention shall be provided for waste activated sludge.

(e) A minimum of 20 days detention shall be provided for primary sludge or any combination of waste activated sludge and primary sludge.

(f) Duplicate tanks shall be provided unless an alternative method of solids handling or storage has been provided for use when a single digestion tank is not in service.

(g) Multiple tanks shall be designed to operate either in series or in parallel.

(h) The minimum quantity of oxygen provided shall be:

(1) Based on 2.1 pounds of oxygen per pound of volatile solids destroyed for open tank systems; or

(2) Based on 1.5 pounds of oxygen per pound of volatile solids destroyed for thermophilic systems.

(i) A minimum mixing requirement of 30 cubic feet of air per minute per 1,000 cubic feet of tank volume shall be provided.

(j) Facilities shall be provided for effective scum and grease removal.

(k) Impact of supernatant on the wastewater treatment process shall be included in the basis of design.

(l) Foam spray water piping and nozzles or other mechanical foam control devices shall be provided.

(m) An unvalved emergency overflow shall be provided that will convey digester overflow to the WWTP headworks, the aeration process, or to another liquid sludge storage facility and that has an alarm for high level conditions.

(n) The capacity of the blowers or air compressors shall be based on the site pressure altitude, corrected to 100°F, equivalent to 38°C, at 85% relative humidity. By controlling the rate of air delivery, the drive motor shall not be overloaded at full speed with site pressure altitude corrected to -22°F, equivalent to ‑30°C.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.09 Gravity Sludge Thickening {#sec-env-wq-716.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.09}

(a) Duplicate gravity thickeners shall be provided to allow the thickening process to continue without disruption with one unit out of service.

(b) Mechanical picket arms shall be provided.

(c) The drive mechanism shall have:

(1) Sufficient torque capacity to handle the maximum sludge concentration and blanket thickness anticipated; and

(2) A high torque alarm and overload device.

(d) An odor control system shall be provided. Elutriation water may be used for this purpose only in conjunction with additional odor control measures.

(e) Metallic components of gravity thickeners shall be corrosion resistant.

(f) Gravity thickeners shall be designed on the basis of the following:

(1) Primary sludge solids loading of 20 to 30 pounds/day/square foot; and

(2) Combined primary and waste activated sludge loading of 5 to 14 pounds/day/square foot.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.10 Mechanical Sludge Thickening {#sec-env-wq-716.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.10}

(a) Gravity belt, rotary drum, dissolved air flotation, screw presses, and centrifuges shall be acceptable for mechanical thickening of primary, secondary, and combined sludges.

(b) A means of chemically conditioning sludges prior to mechanical thickening that meets the requirements of Env-Wq 716.12 shall be provided.

(c) Mechanical thickeners shall be capable of processing the maximum weekly sludge production in 30 hours, unless the equipment is designed to be operated unmanned.

(d) If any period of unmanned operation is anticipated as a normal operating condition, then appropriate instrumentation and fail safe monitoring and alarms shall be provided.

(e) Where duplicate units are not provided, a contingency plan shall be submitted with the basis of design and sludge storage facilities shall be provided that are adequate to store sludge for the period of time anticipated for repairs to be made if the dewatering device is taken out of service for repair.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.11 Sludge Pumps and Piping {#sec-env-wq-716.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.11}

(a) Sludge pumping systems shall be designed with adequate capacity to cover the full range of anticipated solids concentrations and sludge production rates. Operating pressures and head losses shall be calculated to account for the higher friction factors associated with the type of sludge being pumped.

(b) Duplicate sludge feed pumps shall be provided.

(c) Net positive suction head conditions appropriate to pumping equipment flow and sludge characteristic variations shall be provided.

(d) Sampling valves shall be installed at the sludge pumps.

(e) Sludge withdrawal piping shall have a minimum diameter of 6 inches. Sludge pump discharge piping shall be at least 4 inches in diameter. Where withdrawal is by gravity, the available head on the discharge pipe shall be at least 4 feet greater than the calculated head loss. All sludge piping systems shall be designed to provide a velocity of at least 2 feet per second.

(f) Provision shall be made for draining and flushing discharge lines.

(g) Gravity piping shall be laid on uniform grade and alignment. Slope on gravity discharge piping shall be not less than 3 percent.

(h) Provision shall be made for draining and flushing sludge processing lines.

(i) Piping installed inside digestion tanks shall have the corrosion resistance and support stability appropriate for a highly corrosive environment.

(j) For sludge pumping systems, alarms shall be provided for:

(1) Pump failure;

(2) Loss of pressure; and

(3) High pressure.

(k) Sludge pumps shall be equipped with high pressure shutoff switches.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.12 Sludge Conditioning {#sec-env-wq-716.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.12}

(a) Storage space shall be provided for concentrated conditioning agents sufficient to maintain an inventory capable of meeting the facility needs for maximum monthly production.

(b) Storage and handling facilities shall be compatible with the material to be stored and shall comply with Env-Wq 708.06.

(c) Equipment shall be provided to allow for proper and safe physical movement of the bulk material storage containers.

(d) Facilities shall be provided to allow the wetting, mixing, and dilution of concentrated or dry conditioning agents and for aging, storage, and mixing of dilute material in sufficient volume for at least one day of sludge conditioning.

(e) Positive displacement pumps with a variable feed rate shall be used to control the conditioning agent feed rate to the point of use.

(f) Duplicate pumping systems shall be provided.

(g) The conditioning agent pumping system shall be fitted with appropriate backpressure valves to assure delivery of the correct volume of conditioning agent without being influenced by the volume in the storage tank or the backpressure on the piping system.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.13 Mechanical Sludge Dewatering {#sec-env-wq-716.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.13}

(a) Mechanical devices acceptable to dewater sludge shall include belt filter press, centrifuge, rotary press, pressure filter press, and screw press.

(b) The proposed use of less common alternatives, such as geotubes and rolloff containers fitted with screens, shall require supporting documentation demonstrating successful use in facilities similar to the proposed installation under similar design criteria and conditions.

(c) Subject to (d), below, prior to selecting mechanical dewatering equipment, pilot testing shall be used to establish design criteria.

(d) For facilities in which sludge is not available or is likely to change considerably in nature, successful performance from multiple facilities handling similar sludges under similar conditions and design criteria shall be documented and used to develop appropriate design criteria.

(e) Mechanical dewatering units shall be capable of handling the maximum weekly sludge production in 30 hours, unless the equipment is designed for continuous operation.

(f) If any period of unmanned operation is anticipated as a normal operating condition, then appropriate instrumentation and fail safe monitoring and alarms shall be provided.

(g) Alarm systems shall be provided to notify the operator(s) of conditions that could result in process equipment failure or damage, a threat to operator safety, or a sludge spill or overflow condition.

(h) Belt presses and conveyors shall be provided with emergency pull cords along the entire length of the press that will:

(1) Stop the press in an emergency; and

(2) Trigger an audible alarm.

(i) Chemical feed systems for sludge conditioning shall meet the requirements of Env-Wq 716.12.

(j) A hose station shall be provided to allow for cleanup and wash-down of the dewatering area and equipment at the end of dewatering operations.

(k) Ventilation of the dewatering area shall be in accordance with the NFPA as incorporated by reference in the state fire code in Saf-C 6000 and NFPA 820, available as noted in Appendix B, to minimize the buildup of combustible gasses, odors, and humidity.

(l) Where duplicate sludge dewatering units are not provided, a contingency plan shall be submitted with the basis of design, and sludge storage facilities shall be provided that are adequate to store sludge for the period of time anticipated for repairs to be made if the dewatering device is taken out of service for repair.

(m) Sludge storage shall precede all mechanical dewatering units and shall be provided by the use of holding tanks or thickeners or chemical blending tanks, as required for the total dewatering process operation.

(n) Dewatering sidestreams shall be returned to the treatment process as far upstream as practicable prior to the biological treatment unit.

(o) A means shall be provided for measuring the quantity of sludge processed in both wet tons and dry tons.

(p) Dewatering process rooms shall be lighted, heated, and ventilated, using energy efficient fixtures and equipment. Floors of process rooms shall be pitched 1/4 inch per foot to drain points and be slip proof.

(q) Sludge dewatering process equipment shall be housed in processing rooms isolated from other portions of the WWTP.

(r) Electrical systems and equipment shall comply with the NEC requirements adopted by reference in the state building code pursuant to RSA 155-A:1, IV, for the installed location.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.14 Sludge Drying Beds {#sec-env-wq-716.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.14}

(a) Sludge drying beds shall be sized based on 2.0 square feet per capita when the drying bed is the primary method of dewatering and 1.0 square feet per capita when the drying bed is to be used as a backup dewatering unit.

(b) Sludge drying beds shall include an impervious membrane under the underdrain system.

(c) The lower course of gravel around the underdrains shall be graded and a total of 12 inches in depth, extending 6 inches above the top of the underdrains. A 3-inch layer of gravel 1/8-inch to 1/4-inch in size shall be placed above the gravel bedding.

(d) The top layer of the bed shall consist of a level-graded 9 to 12 inches of clean sand with an effective grain size of 0.3 to 0.6 mm or a comparably graded artificial media.

(e) Subnatant collected from the underdrains shall be returned to the treatment process prior to the biological treatment unit.

(f) Drying beds shall be covered to protect from precipitation.

(g) Bed underdrains shall be ductile iron, HDPE, PVC, or concrete pipe no less than 4 inches in diameter and spaced not more than 10 feet between centers.

(h) Paved surface beds shall be prohibited.

(i) Bed walls shall be watertight and extend 15 to 18 inches above the top layer or surrounding topography, whichever is higher, and 6 inches below the invert of the underdrain. Outer walls shall be curbed to prevent soil from washing on to the beds.

(j) Not fewer than 2 beds shall be provided.

(k) Sludge drying beds shall be permitted in accordance with Env-Or 700.

(l) Alternative dewatering methods or sludge storage shall be provided during cold weather months when sludge drying beds are not effective.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 716.15 Additional Required Features of Sludge Handling Processes {#sec-env-wq-716.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 716.15}

(a) All essential components of the solids handling processes shall be designed to provide duplicate units, redundancy, or backup capabilities so that malfunction of any one component will not result in interruption of the entire sludge handling process. Where duplicate units are not provided, a contingency plan shall be submitted with the basis of design.

(b) Piping systems for solids handling shall provide, for all reaches of the sludge piping:

(1) High pressure flushing capability; and

(2) Sufficient valving to allow for isolation of all unit processes.

(c) Clearance adequate to allow physical access by WWTP staff shall be provided in and around solids handling equipment to allow for:

(1) Inspection;

(2) Cleaning;

(3) Lubrication;

(4) Removal and repair of key components; and

(5) Routine maintenance.

(d) Completely enclosed process units shall be provided with inspection ports and 2 points of physical access through portals or hatches.

(e) Control systems appropriate to the specific solids handling process shall be provided to allow for manual and automatic operation of the systems.

(f) Instrumentation and control devices shall be provided to:

(1) Detect and convey alarm conditions such as high liquid storage levels, equipment misalignment or jamming, equipment failure, overheating, or over-torquing; and

(2) Shut down solids handling processes for conditions that could cause damage to the system or injury to the operator(s) or result in spills or overflows of liquids or solids from the handling process.

(g) An operation and maintenance manual shall be provided for the solids handling process that describes procedures for:

(1) Normal operation;

(2) Adjustment and calibration;

(3) Troubleshooting;

(4) Maintenance and repair; and

(5) Controls for normal, bypass, and emergency conditions.

History

• (See Revision Note at chapter heading for Env-Wq 700) #8590, eff 3-25-06; ss by #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 717 Innovative and Alternative Technologies

N.H. Code Admin. R. Ann. Env-Wq 717.01 Purpose and Applicability {#sec-env-wq-717.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.01}

(a) The purpose of this part is to provide the methodology and review process for the evaluation and approval of innovative/alternative (I/A) waste treatment systems in compliance with RSA 485-A:4, IX.

(b) This part shall apply to all wastewater treatment and conveyance technologies, including advanced treatment processes, subject to review and approval under Env-Wq 701 through Env-Wq 716 and Env-Wq 718 through Env-Wq 719 and not expressly described therein.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 717.02 Operating Requirements {#sec-env-wq-717.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.02}

(a) The owner shall operate and maintain I/A wastewater treatment and conveyance systems in accordance with all applicable laws and rules.

(b) The owner shall replace or modify an I/A system if the technology fails to meet the intended purpose or discharge permit limits or other requirements.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 717.03 Use of I/A Technology {#sec-env-wq-717.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.03}

(a) No I/A wastewater treatment and conveyance technologies shall be used in a full scale application at a municipal facility until the technology has been evaluated and approved by the department.

(b) A pilot test shall be conducted pursuant to Env-Wq 717.04 unless the proposed technology meets the criteria of Env-Wq 717.05(d).

(c) A proposed pilot test plan shall be submitted to the department for review and approval at least 30 days prior to proceeding with the pilot test.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 717.04 I/A Technology Pilot Requirements {#sec-env-wq-717.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.04}

(a) A pilot test plan shall include:

(1) A description of proposed pilot unit equipment description and capacity, either as:

a. Existing treatment units parallel to the existing treatment process; or

b. A stand-alone pilot;

(2) A proposed schedule and duration, including:

a. A calendar schedule with considerations for:

1. Seasonal temperature variations relative to impact on process performance;

2. Seasonal flow variations; and

3. Seasonal waste characterization variations; and

b. Pilot duration and justification for proposed duration to account for seasonal variations;

(3) Wastewater feed characterization, including:

a. Historical WWTP flow and waste characteristic data review;

b. Proposed program for pilot wastewater characterization;

c. Wastewater sampling and analysis plan; and

d. Pretreatment requirements for the pilot equipment, if necessary;

(4) Proposed pilot equipment configuration and set up, including:

a. Pilot feed equipment and feed rate;

b. Pilot unit description and proposed location on WWTP site;

c. Flow measurement during pilot testing;

d. Pilot control methodology;

e. Sample collection and analysis plan during pilot testing; and

f. Proposed modifications to the existing facility, if required;

(5) Pilot start up plan, including:

a. Written description of pilot start up plan;

b. Startup monitoring and supervision; and

c. Proposed process stabilization determination methodology; and

(6) Field procedures and monitoring, including:

a. List of parameters to be monitored;

b. Sampling frequency and analysis for each parameter;

c. Type of sampling, grab, or flow-proportional composite;

d. Sample handling procedures used to assure quality assurance; and

e. Procedures to address unusual events such as process upsets and equipment failures.

(b) A pilot test summary report shall be completed and submitted for review, if needed pursuant to Env-Wq 717.05 and Env-Wq 717.06, and approval in accordance with Env-Wq 717.06(b), by the department within 60 days of pilot test conclusion and prior to designing or constructing a full-scale system.

(c) The pilot test summary report shall include, at a minimum:

(1) Executive summary;

(2) Pilot methodology;

(3) Sampling and analysis methodologies;

(4) Test procedures and methods;

(5) Complete data summary;

(6) Data analysis methodology;

(7) Analysis of pilot performance; and

(8) Conclusions and recommendations.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 717.05 I/A Technology Evaluation Process {#sec-env-wq-717.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.05}

(a) Anyone proposing an I/A technology that has not been previously approved by the department shall submit a request to the department for approval of the technology.

(b) The request submitted pursuant to (a), above, shall include:

(1) A narrative describing the proposed technology;

(2) A discussion of applications or demonstration projects using the technology; and

(3) The benefits expected from its use.

(c) If the proposed technology has not been proven in full scale application but has been developed in documented research and demonstration projects, a technology assessment report shall be prepared and submitted to the department for review in accordance with Env-Wq 717.06. A pilot test shall be conducted pursuant to the requirements of Env-Wq 717.04.

(d) If the proposed technology has been proven in other applications at facilities with similar waste characteristics, and there are multiple existing full scale applications in locations with climate conditions similar to those in New Hampshire and design criteria and operational data are available demonstrating the ability of the proposed process to meet the proposed permit limits, then a basis of design using available data in lieu of a pilot test shall be prepared and submitted in accordance with Env-Wq 717.07.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 717.06 Technology Assessment Report Submittal and Review {#sec-env-wq-717.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.06}

(a) The technology assessment report specified in Env-Wq 717.05(c) shall include:

(1) A written description of the proposed I/A technology;

(2) A history of where and when the technology was developed;

(3) Operational reports, technical reports, and laboratory reports that resulted from research or demonstration projects;

(4) A full listing of all applications and tests of the technology;

(5) Records regarding the length of time the technology has been operated and evaluated and the climate conditions under which the testing was conducted;

(6) Documentation of flow rates, volumes, and pollutant loadings during demonstration projects and a discussion of how these loadings compare to full scale operation;

(7) A discussion of how the design criteria for the technology have been developed; and

(8) A discussion of the advantages of the proposed technology and risks associated with adoption of the technology.

(b) The department shall evaluate the technology assessment report to determine whether the proposed I/A technology meets the following criteria:

(1) Whether the proposed technology offers advantages over conventional technology in at least one of the following areas:

a. Reduction of life cycle costs;

b. More efficient use of energy or resources;

c. Elimination or reduction of discharge of pollutants; or

d. Recycling, reclamation, or re-use of byproducts of the process;

(2) Whether the technology appears promising based upon the results of research and demonstration projects with benefits that outweigh the element of risk;

(3) Whether the expected treatment results satisfy the requirements of the discharge permit;

(4) If applicable, whether spare parts and servicing are available; and

(5) Whether the I/A system is no more difficult to operate than a conventional WWTP and provides at least the same level of protection to public health, the environment, and the I/A system’s operators.

(c) The department shall respond to the technology assessment report in writing within 60 days based upon its review of the information submitted.

(d) If the department cannot determine whether the proposal meets the criteria listed in (b), above, the department shall identify the deficiencies and request the applicant to provide additional information to address them.

(e) If the department determines that the proposal meets the criteria listed in (b), above, and that conditions are not necessary to protect public health, the environment, or operators, the department shall approve the proposal.

(f) If the department determines that the proposal meets the criteria listed in (b), above, but conditions are necessary to protect public health, the environment, or operators, the department shall approve the proposal with such conditions as are necessary.

(g) If the department determines that the proposal does not meet the criteria listed in (b), above, or that no conditions could be added that would be adequate to protect public health, the environment, or operators, the department shall reject the proposal.

(h) If the department approves the proposal with conditions or rejects the proposal, the written decision shall specifically state the reason(s) for the decision.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 717.07 Basis of Design {#sec-env-wq-717.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.07}

(a) Upon approval or conditional approval of the technology assessment report, or pursuant to Env-Wq 717.05(d), the owner shall submit a basis of design in accordance with Env-Wq 707 for the proposed project.

(b) The department shall respond to the basis of design within 60 days.

(c) The department shall accept the proposed basis of design if the proposed basis of design appears to provide treatment that will be adequate to satisfy the requirements of the discharge permit.

(d) Acceptance of the basis of design shall constitute authorization to proceed with final design for the proposed I/A technology project.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 717.08 Final Design {#sec-env-wq-717.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.08}

After acceptance of a basis of design, the owner shall submit final plans and specifications for review and approval in accordance with Env-Wq 703.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 717.09 Performance Assessment {#sec-env-wq-717.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.09}

(a) During the first year of operation of an I/A project, the owner shall submit 2 reports of performance to the department, the first within 60 days after 6 months of operation and the second within 60 days after 12 months of operation.

(b) The owner may request that the performance assessment report schedule be extended in accordance with Env-Wq 717.10.

(c) The performance assessment report shall include:

(1) Sampling and analysis results for influent and effluent parameters;

(2) Calculated loading rates during the performance period;

(3) An assessment of benefits identified in the I/A technology assessment report;

(4) A discussion of system performance process parameters determined to be critical to proper operation and adjustments made during performance period; and

(5) An assessment of the system’s ability to meet effluent criteria.

(d) The department shall review the performance assessment report to determine whether to approve the system for continued use. During the pendency of the review, the owner may continue to use the I/A technology.

(e) The department shall approve the system for continued use if the department determines that:

(1) The system is capable of consistently meeting the limits of the discharge permit at proposed loadings based upon performance during the assessment period; and

(2) No permit violations resulting from the I/A technology occurred during the performance assessment period for at least 3 consecutive months.

(f) If the department cannot accept the system, the owner may prepare an action plan to obtain satisfactory performance and submit the plan to the department. The action plan shall clearly identify the cause(s) of unsatisfactory performance and propose corrective measures.

(g) The department shall accept the action plan if the proposed corrective measures appear adequate to remedy the cause(s) of the unsatisfactory performance. If the action plan is accepted by the department, the system shall undergo one additional year of temporary operation and the owner shall submit 2 additional performance reports to the department at 6-month intervals.

(h) If the action plan is not acceptable or if the owner chooses to not submit an action plan, the owner shall remove the I/A system or replace the system with a conventional system.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 717.10 Extension of Performance Assessment Period {#sec-env-wq-717.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 717.10}

(a) If the owner of an I/A system determines that the performance assessment cannot be completed in one year, the owner shall submit a written request for extension to the department.

(b) The request for extension shall contain the following information:

(1) Facility name and location;

(2) Date of I/A technology approval;

(3) Type of I/A technology system;

(4) Reason(s) why the performance assessment cannot be completed in one year;

(5) Steps that will be taken to complete the performance assessment; and

(6) Estimated amount of additional time required to fully assess the system.

(c) The request shall be filed not less than one month prior to the end of the one-year assessment period.

(d) The department shall respond to the request in writing within 30 days of receipt of a request filed in accordance with (b) and (c), above.

(e) The department shall grant the extension if the department finds that:

(1) The performance assessment cannot reasonably be completed in one year; and

(2) The steps identified by the owner appear adequate to fully assess the I/A technology system.

(f) If the department does not approve the request for extension, the response provided pursuant to (d), above, shall specify:

(1) The reason(s) for the decision; and

(2) The deadline for submittal of the second performance assessment report.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 718 OWNERSHIP OF WWTPs

N.H. Code Admin. R. Ann. Env-Wq 718.01 Purpose {#sec-env-wq-718.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 718.01}

The purpose of this part is to establish conditions for issuance of discharge permits to privately-owned, non-industrial WWTPs under the authority of RSA 485-A:13.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 718.02 Subsurface Disposal Options {#sec-env-wq-718.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 718.02}

No discharge permits for privately-owned, non-industrial WWTPs discharging to surface water or groundwater shall be issued unless all subsurface disposal options as regulated by RSA 485-A:29-44 and Env-Wq 1000 have been considered and rejected by the department based on the criteria and procedures specified therein.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 718.03 Ownership Requirements {#sec-env-wq-718.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 718.03}

No discharge permits for WWTPs discharging to surface water or groundwater shall be issued unless the WWTP is:

(a) Municipally owned and operated;

(b) Municipally owned with a private contract for operations and maintenance;

(c) Privately-owned where connection to a municipal system is not possible, provided that:

(1) The municipality in which the WWTP is proposed agrees by affirmative vote of the local legislative body to be the holder or co-holder of any discharge permits issued; and

(2) The documentation requirements of Env-Wq 718.05 are met; or

(d) Privately-owned where:

(1) Municipal ownership is not possible, connection to municipal system is not possible, and the municipality in which the facility is located refuses to hold or co-hold the discharge permit, as shown by a negative vote of the local legislative body; and

(2) The documentation requirements of Env-Wq 718.05 are met.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 718.04 Capacity {#sec-env-wq-718.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 718.04}

(a) Private ownership as allowed under Env-Wq 718.03(c) and (d) shall be limited to WWTPs with design flow capacities of 50,000 gpd or greater. The department shall not approve a WWTP designed with a capacity of 50,000 gpd or greater for the sole purpose of meeting this requirement when such capacity is not justified by anticipated demand.

(b) WWTPs constructed to replace or rehabilitate an existing failed subsurface disposal system shall not be subject to the size restriction of (a) above, but shall otherwise meet the requirements of Env-Wq 718.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 718.05 Technical Documentation Requirements {#sec-env-wq-718.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 718.05}

An applicant for a discharge permit for a privately-owned WWTP as specified in Env-Wq 718.03(c) or (d) shall submit to the department:

(a) The following technical documentation:

(1) Engineering and water quality studies as required to demonstrate that the proposed facility is consistent with statewide, area-wide, or regional water quality planning pursuant to sections 205(j)(1), 205(j)(5), or 208 of the federal Water Pollution Control Act of 1972, as amended;

(2) Engineering and water quality studies to demonstrate that the discharge is consistent with the water quality goals as provided in RSA 485-A:8 and Env-Wq 1700 relative to water quality standards;

(3) Evidence in the form of certification from the municipality that the system proposed has the concurrence of the local governing body and local land use boards as defined in RSA 672;

(4) Technical design drawings and specifications in accordance with this chapter;

(5) Certification by a New Hampshire-licensed professional engineer that the facilities have been built in accordance with the approved plans and specifications, which certification shall be submitted within 60 days following substantial completion of construction of the WWTP; and

(6) Evidence in the form of a written agreement that the WWTP will be operated by an operator certified under Env-Wq 900; and

(b) Within 60 days following substantial completion of construction of the WWTP or pump station(s), operation and maintenance manuals to provide information and guidance for day-to-day operation of the WWTP and pump stations, as applicable, that contain the following information:

(1) Information on process design assumptions;

(2) Unit process information that includes control measures and monitoring procedures for the various processes;

(3) Start-up procedures for each unit operation and piece of equipment;

(4) Maintenance management systems;

(5) Laboratory test procedures;

(6) Safety procedures;

(7) Organizational structure and administrative procedures;

(8) Troubleshooting procedures;

(9) Emergency operation plan;

(10) Staffing requirements;

(11) Process and instrumentation diagram; and

(12) Checklists for systems and components for operator’s use in developing a maintenance program for pump stations and WWTPs.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 718.06 Financial Documentation Requirements {#sec-env-wq-718.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 718.06}

An applicant for a discharge permit for a privately-owned WWTP as specified in Env-Wq 718.03(c) or (d) shall submit the following financial documentation:

(a) A system for assessing the users of the WWTP, which system shall:

(1) Assess users on a pro rata basis;

(2) Generate sufficient funds to be used to cover all expenses and charges related to the operation, maintenance, routine repair and replacement, and financing of the WWTP;

(3) Include provisions for calculating the assessments based on the total costs enumerated in (2) above;

(4) Include provisions for notifying users of the amounts due, collecting the amounts due on a periodic basis, and rebating excess collections or applying excess collections to the next billing period; and

(5) At the owner’s discretion, include provisions for terminating service or assessing and collecting penalties for non-payment;

(b) Evidence of a capital reserve account, which account shall:

(1) Be sufficient to cover the cost of replacement of the WWTP within 20 years;

(2) Serve as a source of funds for emergency cleanup and containment and major repairs or replacement of system components;

(3) Be established prior to initiation of operation of the WWTP;

(4) Identify the situations in which the account may be accessed;

(5) Restrict account payments for repair and replacement costs to those in excess of $2,000;

(6) Be sheltered from liability or bankruptcy claims, attachments, or other such liens;

(7) Provide for management of the account and bonding of the account managers;

(8) Authorize access to the account by the department for use in remedying an emergency situation in cases where the managers of the account refuse to remedy the emergency situation; and

(9) Provide for funding the account; and

(c) Ownership documentation, comprising:

(1) Documents that evidence the owner’s legal authority to construct and provide continuous operations and maintenance of the facilities which include one of the following:

a. The articles of incorporation for a private corporation;

b. The partnership agreement for a partnership; or

c. The condominium instruments for a condominium association;

(2) For issuance of a permit pursuant to Env-Wq 718.03(c), a formal written and executed agreement between the owner and the municipality that the municipality has agreed to be the holder or co-holder of the discharge permit; and

(3) For issuance of a permit pursuant to Env-Wq 718.03(d), a docket number from the New Hampshire public utilities commission showing that the facility owner is or will be a company subject to, and in full compliance with, the rules of the New Hampshire public utilities commission.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Part Env-Wq 719 Waivers

N.H. Code Admin. R. Ann. Env-Wq 719.01 Purpose {#sec-env-wq-719.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 719.01}

The purpose of the rules in this part is to establish the procedures and criteria under which the owner of proposed sewerage or WWTP may seek waiver relief from specific rules contained in Env-Wq 700 when strict compliance with all rules is not in the best interests of public health, the environment, and WWTP operators.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 719.02 Waiver Requests {#sec-env-wq-719.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 719.02}

(a) The WWTP owner, or a duly-authorized representative of the owner, shall request a waiver by submitting the following information in writing to the department:

(1) The name, mailing address, and daytime telephone number of the WWTP owner and, if available, a fax number and email address;

(2) The name, mailing address, and daytime telephone number and, if available, the fax number and email address of the person requesting the waiver, if other than the owner;

(3) A reference to the specific rule for which a waiver is requested;

(4) An explanation of why the waiver is necessary, including an explanation of the operational and economic consequences of complying with the rule as written;

(5) Whether the waiver is needed for a specific period of time and, if so, the length of time the waiver is needed;

(6) If an alternative method, procedure, or design is proposed in lieu of the requirement for which the waiver is requested, supporting data and calculations to show the efficacy of the alternative in protecting public health, the environment, and WWTP operators;

(7) If the request is not filed by the governing body of the municipality, written concurrence from such governing body; and

(8) An explanation of how granting the request would be consistent with the criteria specified in Env-Wq 719.03(a).

(b) The requestor and the owner, if other than the requestor, shall sign and date the waiver request.

(c) The signature(s) shall constitute certification 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 the submission of false, incomplete, or misleading information is grounds for denying the waiver request or revoking any waiver that is granted based on the information.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Env-Wq 719.03 Decisions on Waiver Requests {#sec-env-wq-719.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 719.03}

(a) The department shall grant a waiver if it determines that:

(1) The requirement that is the subject of the request is not established in state or federal statute or federal regulations or the state or federal statute or federal regulation that establishes the requirement expressly provides that it can be waived; and

(2) Granting a waiver will not result in a lower level of protection of public health, the environment, and WWTP operators as complying with the requirement as written.

(b) The department shall include such conditions in the waiver as are necessary to ensure the criteria of (a), above, are met.

(c) If the waiver is needed for a finite period of time, the department shall specify the expiration date of the waiver.

(d) The department shall notify the owner of its decision on the waiver request in writing. If the request is denied, the decision shall specify the reason(s) for the denial.

Appendix A: Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Wq 701

RSA 485-A:4, VI; RSA 485-A:4, IX

Env-Wq 702

RSA 485-A:4, VI; RSA 485-A:4, IX

Env-Wq 703

RSA 485-A:4, VI; RSA 485-A:4, IX

Env-Wq 703.07

RSA 485-A:4, VI; RSA 485-A:4, IX

Env-Wq 704

RSA 485-A:4, IX

Env-Wq 705

RSA 485-A:4, IX

Env-Wq 706

RSA 485-A:4, IX

Env-Wq 707

RSA 485-A:4, IX

Env-Wq 708

RSA 485-A:4, IX

Env-Wq 709

RSA 485-A:4, IX

Env-Wq 710

RSA 485-A:4, IX

Env-Wq 711

RSA 485-A:4, IX

Env-Wq 712

RSA 485-A:4, IX

Env-Wq 713

RSA 485-A:4, IX

Env-Wq 714

RSA 485-A:4, IX

Env-Wq 715

RSA 485-A:4, IX

Env-Wq 716

RSA 485-A:4, IX

Env-Wq 717

RSA 485-A:4, IX

Env-Wq 718

RSA 485-A:13, I (a)

Env-Wq 719

RSA 541-A:22, IV

Appendix B: Incorporation by Reference

Rule

Title

Obtain at:

Env-Wq 704.03(b)(1) & (2)

“Wastewater Engineering: Treatment and Resource Recovery”, Metcalf & Eddy /AECOM, 5^th Edition, 2014

McGraw Hill Education

2 Penn Plaza

New York, NY 10121

Online:

https://www.mheducation.com/highered/product/M9780073401188.html

Cost: $280.16

Env-Wq 704.03(d)

Env-Wq 708.07(l)(1) & (2)

Env-Wq 711.03(b)(3)

TR-16, “Guides for the Design of Wastewater Treatment Works” (revised 2016)

New England Interstate Water Pollution Control Commission

Wannalancit Mills

650 Suffolk Street, Suite 410

Lowell, MA 01854

https://neiwpcc.org/news-publications/technical-guides/

Cost: $95 Hardcopy; $25 USB

Env-Wq 704.05(a)(1)

AWWA C151/A21.51-23, “Ductile-Iron Pipe, Centrifugally Cast”

American Water Works Association

Online:

https://store.awwa.org/AWWA-C151-A21.51-23-Ductile-Iron-Pipe-Centrifugally-Cast

Cost: $142 ($99 for members)

Rule

Title

Obtain at:

Env-Wq 704.05(a)(2)

AWWA C150/A21.50-21 (R23), “Thickness Design of Ductile-Iron Pipe”

American Water Works Association

Online:

https://store.awwa.org/AWWA-C150-A21.50-21R23-Thickness-Design-of-Ductile-Iron-Pipe

Cost: $142 ($99 for members)

Env-Wq 704.05(a)(2)

ASTM A536-24, "Standard Specification for Ductile Iron Castings"

ASTM International

Online:

https://store.astm.org/a0536-24.html

Cost: $69 for PDF

Env-Wq Table 704-2

ASTM D3034-24, "Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings"

ASTM International

Online: https://store.astm.org/d3034-24.html

Cost: $91 for PDF

Env-Wq Table 704-2

ASTM F794-21, "Standard Specification for Poly(Vinyl Chloride) (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter"

ASTM International

Online: https://store.astm.org/f0794-21.html

Cost: $69 for PDF

Env-Wq Table 704-2

ASTM F1760-16R20, "Standard Specification for Coextruded Poly(Vinyl Chloride) (PVC) Non-Pressure Plastic Pipe Having Reprocessed-Recycled Content"

ASTM International

Online: https://store.astm.org/f1760-16r20.html

Cost: $69 for PDF

Env-Wq 704.05(d)

ASTM D2412-21, "Standard Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading"

ASTM International

Online: https://store.astm.org/d2412-21.html

Cost: $69 for PDF

Env-Wq 704.05(e)

ASTM D3212-21, "Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals"

ASTM International

Online: https://store.astm.org/d3212-21.html

Cost: $61 for PDF

Env-Wq 704.05(f)

AWWA C302-22, "Reinforced Concrete Pressure Pipe, Noncylinder Type"

American Water Works Association

Online: https://store.awwa.org/AWWA-C302-22-Reinforced-Concrete-Pressure-Pipe-Noncylinder-Type

Cost: $142 ($99 member price)

Rule

Title

Obtain at:

Env-Wq 704.05(g)

Env-Wq 704.05(h)

AWWA C301-14(R19), "Prestressed Concrete Pressure Pipe, Steel-Cylinder Type"

American Water Works Association

Online: https://store.awwa.org/AWWA-C301-14R19-Prestressed-Concrete-Pressure-Pipe-Steel-Cylinder-Type-PDF

Cost: $142 ($99 member price)

Env-Wq 704.06(b)(1)

ASTM F1417-11a (2024), "Standard Practice for Installation Acceptance of Plastic Non-Pressure Sewer Lines Using Low-Pressure Air"

ASTM International

Online:

https://store.astm.org/f1417-11ar24.html

Cost: $83 for PDF

Env-Wq 704.06(b)(2)

Uni-B-6, "Recommended Practice for Low-Pressure Air Testing of Installed Sewer Pipe" (1998)

Uni-Bell PVC Pipe Association

Online: https://www.uni-bell.org/Portals/0/ResourceFile/uni-b-6-98.pdf

Cost: Free

Env-Wq 704.08(c)

ASTM D2241-24, "Standard Specification for Poly(Vinyl Chloride) (PVC) Pressure-Rated Pipe (SDR Series)"

ASTM International

Online: https://store.astm.org/d2241-24.html

Cost: $69 for PDF

Env-Wq 704.08(c)

ASTM D1785-21a, "Standard Specification for Poly(Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120"

ASTM Internatinonal

Online: https://store.astm.org/d1785-21a.html

Cost: $76 for PDF

Env-Wq 704.08(d)

ASTM D3035-22, "Standard Specification for Polyethylene (PE) Plastic Pipe (DR-PR) Based on Controlled Outside Diameter"

ASTM International

Online: https://store.astm.org/d3035-22.html

Cost: $69 for PDF

Env-Wq 704.08(d)

ASTM F714-24, " Standard Specification for Polyethylene (PE) Plastic Pipe (DR-PR) Based on Outside Diameter"

ASTM International

Online: https://store.astm.org/f0714-24.html

Cost: $91 for PDF

Env-Wq 704.09

AWWA C600-23, “Installation of Ductile-Iron Water Mains and Their Appurtenances”

American Water Works Association

Online:

http://www.awwa.org/publications/standards.aspx

Cost: $142 ($99 for members)

Rule

Title

Obtain at:

Env-Wq 704.11(a)

Env-Wq 704.12(r)

Env-Wq 704.13(c)(5)

ASTM C33/C33M-24a, "Standard Specification for Concrete Aggregates"

ASTM International

Online:

https://www.astm.org/standards-and-solutions/standards-publications

Cost: $69 for PDF

Env-Wq 704.11(k)

Env-Wq 704.13(a)(1), (2)

Env-Wq 704.13(c)(6)

New Hampshire Department of Transportation, “S tandard Specifications for Road and Bridge Construction” (2016)

Available for no cost at:

https://www.dot.nh.gov/sites/g/files/ehbemt811/files/inline-documents/2016-nhdot-spec-book-web.pdf

Env-Wq 704.13(a)(3)

Env-Wq 704.14(d)

ASTM C478/C478M-22, "Standard Specification for Circular Precast Reinforced Concrete Manhole Sections"

ASTM International

Online:

https://store.astm.org/c0478_c0478m-22.html

Cost: $69 for PDF

Env-Wq 704.13(a)(8)

ASTM A48/A48M-22, "Standard Specification for Gray Iron Castings"

ASTM International

Online: https://store.astm.org/a0048_a0048m-22.html

Cost: $69 for PDF

Env-Wq 704.13(a)(9)

Env-Wq 704.13(b)(1)

ASTM C32-23, "Standard Specification for Sewer and Manhole Brick (Made From Clay or Shale)"

ASTM International

Online: https://store.astm.org/c0032-23.html

Cost: $61 for PDF

Env-Wq 704.13(c)(3)

ASTM C150/C150M-24, "Standard Specification for Portland Cement"

ASTM International

Online: https://store.astm.org/c0150_c0150m-24.html

Cost: $69 for PDF

Env-Wq 704.13(c)(4)

ASTM C207-24, "Standard Specification for Hydrated Lime for Masonry Purposes"

ASTM International

Online: https://store.astm.org/c0207-24.html

Cost: $61 for PDF

Env-Wq 704.17(a)

ASTM C1244/C1244M-20, "Standard Test Method for Concrete Sewer Manholes by the Negative Air Pressure (Vacuum) Test Prior to Backfill"

ASTM International

Online:

https://store.astm.org/c1244_c1244m-20.html

Cost: $61 for PDF

Rule

Title

Obtain at:

Env-Wq 705.07(c)(2)

Env-Wq 705.07(d)

Env-Wq 705.08(a)

Env-Wq 705.09(b)(10)

Env-Wq 705.11(b)

Env-Wq 708.20(d)

Env-Wq 708.20(f)

Env-Wq 708.20(h)

Env-Wq 708.22(c)

Env-Wq 716.07(c)

Env-Wq 716.07(j)

Env-Wq 716.13(k)

NFPA 820, “Standard for Fire Protection in Wastewater Treatment and Collection Facilities” (2024)

National Fire Protection Association

Online:

https://www.nfpa.org/product/nfpa-820-standard/p0820code

Cost: $149 ($141.30 for members)

Env-Wq 706.03(f)

“New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections", prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel

NH Department of Environmental Services office; or

University of New Hampshire

https://scholars.unh.edu/ersc/210 and https://scholars.unh.edu/ersc/211/

Env-Wq 708.21(d)

ANSI/ISEA Z358.1-2014 (R2020), “American National Standard for Emergency Eyewash and Shower Equipment”

American National Standards Institute

https://webstore.ansi.org/standards/isea/ansiiseaz3582014

Cost: $65 for PDF

Appendix C: Statutory References

RSA 21:47

When used to refer to a municipality, and in the absence of applicable chapter or subdivision definitions, the term "legislative body" shall mean a town meeting, school district meeting, village district meeting, city or town council, mayor and council, mayor and board of aldermen, or, when used to refer to unincorporated towns or unorganized places, or both, the county convention.

RSA 485-A:2

VI. “Industrial Waste” means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources.

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

X. “Sewage” means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.

XVI-a. “Wastewater treatment plant (WWTP)” means the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.

RSA 485-A:4

IX-a. Any person submitting plans and specifications to the department, as provided for in this section, for the construction of sewerage systems shall pay to the department a fee of $30 for each 300 gallon per day unit of flow for the first 10,000 gallons per day of total flow for which such systems are designed and $15 for each 300 gallon per day unit of flow in excess of such amount. A fee of $200 per plan sheet shall be paid for review of pump stations, force mains, interceptors, and wastewater treatment facilities which are submitted independently of a sewer collection system. This fee shall not apply to municipalities.

History

• #10693, eff 10-15-14; ss by #14258, eff 7-1-25, EXPIRES: 7-1-35

Chapter Env-Wq 800 Sludge Management

Part Env-Wq 801 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 801.01 Purpose {#sec-env-wq-801.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 801.01}

The purpose of this chapter is to implement RSA 485-A:4, XVI-b by establishing standards, criteria, and procedures for a permit system to manage the removal, transportation, and disposal of sludge in order to protect human health and the environment, prevent nuisances, and regulate the beneficial use and recycling of sludge pursuant to RSA 485-A:4, XVI-c that meets the criteria for land application with appropriate performance standards.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 801.02 Applicability {#sec-env-wq-801.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 801.02}

(a) This chapter shall govern:

(1) The processing, storage, and disposal of sludge in bulk;

(2) The land application of quality-certified sludge in bulk; and

(3) The removal and transportation of sludge derived from human waste that is not class A biosolids.

(b) Except for the sludge hauling requirements specified in Env-Wq 805, this chapter shall not apply to sludge that is disposed as a waste or otherwise used at a solid waste facility permitted by the department pursuant to RSA 149-M.

(c) Except for the sludge hauling requirements specified in Env-Wq 805, this chapter shall not apply to sludge that is disposed in an incinerator permitted to incinerate sludge by the department pursuant to RSA 125-C or RSA 125-I, or both.

(d) Nothing in this chapter shall be construed to modify or lessen the powers conferred upon local authorities by health and land use enabling statutes.

(e) Nothing in this chapter shall be construed to eliminate the need to comply with the federal regulations as specified in 40 CFR part 503.

(f) Class A biosolids shall be subject to Env-Wq 809 and Env-Wq 810 only.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 801.03 More Stringent Requirements Apply {#sec-env-wq-801.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 801.03}

(a) Subject to (b) below, any mixture containing materials regulated under this chapter shall be managed in accordance with the most stringent requirements that apply to any single constituent.

(b) Mixtures containing short paper fiber and biosolids that meet class A requirements may be managed as class A material, provided they are not used at reclamation rates.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 801.04 Co-Disposal of Wastes Prohibited {#sec-env-wq-801.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 801.04}

Hazardous waste as defined in RSA 147-A or solid waste as defined in RSA 149-M, except for wood ash certified for use under Env-Sw 1700 and waste derived products certified for use under Env-Sw 1500, shall not be disposed or processed at a site or facility permitted under this chapter.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 802 Definitions

N.H. Code Admin. R. Ann. Env-Wq 802.01 Abutter {#sec-env-wq-802.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.01}

“Abutter” means any person who owns property adjacent to, or across a road, railroad, river, or stream from the property on which a sludge management activity will be conducted.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.02 Agronomic rate {#sec-env-wq-802.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.02}

“Agronomic rate” means the sludge application rate that is designed to:

(a) Provide the amount of nitrogen, phosphorus, or other nutrient(s) needed by the crop or vegetation; and

(b) Minimize the amount of nitrogen that passes below the root zone of the crop or the vegetation to groundwater or the amount of phosphorus that runs off to surface water.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.03 Ambient groundwater quality standard {#sec-env-wq-802.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.03}

“Ambient groundwater quality standard” means the maximum concentration level for regulated contaminants which result from human operations or activities as established in rules adopted pursuant to RSA 485-C:6, currently Env-Or 603.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.04 Applicable local river management advisory committee (applicable LAC) {#sec-env-wq-802.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.04}

“Applicable local river management advisory committee (applicable LAC)” means the local river management advisory committee established pursuant to RSA 483:8-a for the specific designated river or segment for which a management activity or proposed management activity is or would be within the river corridor.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.05 Applicant {#sec-env-wq-802.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.05}

“Applicant” means any person who applies to the department for a permit, waiver, or sludge quality certification.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.06 Authorized signatory {#sec-env-wq-802.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.06}

“Authorized signatory” means:

(a) For a corporation, a president, secretary, treasurer, or vice-president in charge of a principal business function, or any other person who is duly authorized to perform similar policy- or decision-making functions;

(b) For a partnership or sole proprietorship, a general partner or the proprietor, respectively; or

(c) For a municipality, state, federal, or other public agency, either a principal executive officer or ranking elected official.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.07 Beneficial reuse {#sec-env-wq-802.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.07}

“Beneficial reuse” as used in RSA 485-A:2, XXII and XXIII means beneficial use.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.06)

N.H. Code Admin. R. Ann. Env-Wq 802.08 Beneficial use {#sec-env-wq-802.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.08}

“Beneficial use” means taking advantage of the nutrient content or soil conditioning properties, or both, of quality-certified sludge, by supplying agronomic or soil conditioning benefits, such as the nitrogen, phosphorus, micronutrients, or organic matter needs for crops, forested land, or reclamation by land applying the sludge in accordance with this chapter so as to not pose a significant risk to public health or the environment.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.07)

N.H. Code Admin. R. Ann. Env-Wq 802.09 Biosolids {#sec-env-wq-802.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.09}

“Biosolids” means “biosolids” as defined in RSA 485-A:2, XXII, namely “any sludge derived from a sewage wastewater treatment facility that meets the standards for beneficial reuse specified by the department.”

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.08)

N.H. Code Admin. R. Ann. Env-Wq 802.10 Bulk {#sec-env-wq-802.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.10}

“Bulk” means “bulk sewage sludge” as defined in 40 CFR 503.11(e), namely “sewage sludge that is not sold or given away in a bag or other container for application to the land.”

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.11 Certified crop advisor {#sec-env-wq-802.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.11}

“Certified crop advisor” means an individual certified by the American Society of Agronomy under the Certified Crop Adviser or Certified Professional Agronomist certification programs.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.09)

N.H. Code Admin. R. Ann. Env-Wq 802.12 Class A biosolids {#sec-env-wq-802.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.12}

“Class A biosolids” means biosolids that are class A with respect to pathogens under 40 CFR part 503.32(a) and meet one of the vector attraction reduction requirements of 40 CFR part 503.33(b)(1) through (b)(8).

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.10)

N.H. Code Admin. R. Ann. Env-Wq 802.13 Class B biosolids {#sec-env-wq-802.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.13}

“Class B biosolids” means biosolids that are class B with respect to pathogens under 40 CFR part 503.32(b) and meet one of the vector attraction reduction requirements of 40 CFR part 503.33(b)(1) through (b)(11).

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.11)

N.H. Code Admin. R. Ann. Env-Wq 802.14 Clean fill {#sec-env-wq-802.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.14}

“Clean fill” means type of non-decomposable, water insoluble, inert material, typically soil, rock, gravel, brick, and rebar-free concrete, that is free of organic material and contaminants. Clean fill differs from regular fill dirt, which might contain organic matter and could settle over time. It also differs from contaminated fill, which requires special handling and disposal.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.15 Closure {#sec-env-wq-802.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.15}

“Closure” means the procedures used to cease the use of a facility, or a portion thereof, in a manner that will minimize future risks of environmental damage, and includes all required post-closure inspection, monitoring, reporting, and maintenance activities.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.12)

N.H. Code Admin. R. Ann. Env-Wq 802.16 CFR {#sec-env-wq-802.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.16}

“CFR” means the code of federal regulations published by the office of the federal register national archives and records administration.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.17 Department {#sec-env-wq-802.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.17}

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

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.13)

N.H. Code Admin. R. Ann. Env-Wq 802.18 Designated river {#sec-env-wq-802.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.18}

“Designated river” means “designated river” as defined in RSA 483:4, VIII, namely “that portion of a perennial river which has been specifically designated by the general court pursuant to RSA 483:15.”

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.14)

N.H. Code Admin. R. Ann. Env-Wq 802.19 Designated river corridor {#sec-env-wq-802.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.19}

“Designated river corridor” means a river corridor associated with a designated river.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.15)

N.H. Code Admin. R. Ann. Env-Wq 802.20 Disposal {#sec-env-wq-802.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.20}

“Disposal” means the releasing, depositing, injecting, dumping, mixing at a site or facility, incinerating, or placing of sludge into or onto any land such that the sludge or any constituent thereof could enter the environment, be emitted into the air, or be discharged into any surface water or groundwater. Disposal includes land application.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.16)

N.H. Code Admin. R. Ann. Env-Wq 802.21 Facility {#sec-env-wq-802.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.21}

“Facility” means a location or system for storing sludge for longer than 8 months or for the processing, treatment, or disposal of sludge, other than land application at a permitted site. Sludge facilities include, but are not limited to, lagoons, sludge treatment facilities, sludge monofills, sludge transfer stations, and locations where sludge is treated or mixed with other sludge or other material for shipment off site. The term does not include a location where all sludge being mixed is class A biosolids and the biosolids are mixed only with non-sludge material.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.17)

N.H. Code Admin. R. Ann. Env-Wq 802.22 Flood Plain {#sec-env-wq-802.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.22}

“Flood Plain” means “flood plain” as defined in 44 CFR § 59.1, namely “any land area susceptible to being inundated by water from any source.” This includes areas near rivers, streams, and coastal regions prone to storm surge.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.23 Floodway {#sec-env-wq-802.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.23}

“Floodway” means “regulatory floodway” as defined in 44 CFR § 59.1 namely “the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.”

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.24 Generator {#sec-env-wq-802.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.24}

“Generator” means the person who holds title to the water or wastewater treatment plant that produced the sludge, or to the facility where sludge is mixed or treated to produce another material derived from sludge, or the entity to which a sludge quality certification has been issued in accordance with this chapter and produces or distributes sludge. The term does not include any person who mixes class A biosolids with soil or other non-sludge material.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.18)

N.H. Code Admin. R. Ann. Env-Wq 802.25 Governing body {#sec-env-wq-802.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.25}

“Governing body” means “governing body” as defined in RSA 21:48, namely “the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district, or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners”.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.19)

N.H. Code Admin. R. Ann. Env-Wq 802.26 Hauler {#sec-env-wq-802.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.26}

“Hauler” means any person engaged in the removal or transportation of sludge.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.20)

N.H. Code Admin. R. Ann. Env-Wq 802.27 Industrial wastewater {#sec-env-wq-802.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.27}

“Industrial wastewater” means wastewater generated from a commercial or industrial process.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.22)

N.H. Code Admin. R. Ann. Env-Wq 802.28 Lagoon {#sec-env-wq-802.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.28}

“Lagoon” means a pit or excavation designed or intended to receive sludge or that contains sludge.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.23)

N.H. Code Admin. R. Ann. Env-Wq 802.29 Land application {#sec-env-wq-802.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.29}

“Land application” means the placement of quality-certified sludge on the ground surface at approved agronomic rates for beneficial use, whether or not the material is incorporated, injected, or spread on top of the surface of the soil.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.24)

N.H. Code Admin. R. Ann. Env-Wq 802.30 Locally-accessible place {#sec-env-wq-802.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.30}

“Locally-accessible place” means a location to which the public has access in the town or city where the sludge management activity is proposed, such as a town or city hall, public school building, selectman’s office, or public library that is open at least 4 hours a day at least 3 days each week, including either one weekend day or one day when the hours extend to 6 p.m. or later in the evening.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.25)

N.H. Code Admin. R. Ann. Env-Wq 802.31 Management {#sec-env-wq-802.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.31}

“Management” means supervising, controlling, or undertaking any activity(ies) regulated under Env-Wq 800, including transporting, land applying, stockpiling, treating, disposing, or processing. This includes “manage.”

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.26)

N.H. Code Admin. R. Ann. Env-Wq 802.32 Mixture of sludge {#sec-env-wq-802.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.32}

“Mixture of sludge” means a mixture containing sludges from more than one source.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.27)

N.H. Code Admin. R. Ann. Env-Wq 802.33 Modification {#sec-env-wq-802.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.33}

“Modification” means a change to any aspect of the operation or any process at a sludge site or facility in a manner that has the potential to adversely impact human health, groundwater, or the environment. This includes “modify.”

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.34 Monofill {#sec-env-wq-802.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.34}

“Monofill” means a landfill or a landfill cell into which only one type of waste is placed.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.35 Non-sludge material {#sec-env-wq-802.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.35}

“Non-sludge material” means any substance that:

(a) Is not derived from sludge;

(b) Is not regulated as a hazardous waste; and

(c) Is not regulated as a solid waste or, if a material originally regulated as solid waste or derived from such a material, is no longer regulated as solid waste because it:

(1) Has been certified for use as a waste-derived product under Env-Sw 1500; or

(2) Is wood ash that is either certified under or exempt from Env-Sw 1700.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.28)

N.H. Code Admin. R. Ann. Env-Wq 802.36 Official of the municipality {#sec-env-wq-802.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.36}

“Official of the municipality” means an elected or appointed individual who, either individually or as a member of a duly-established local board, council, or commission, has oversight or other responsibility for land use activities in the municipality. The term includes the local health officer and members of the board of selectmen or city council, conservation commission, or planning board.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.29)

N.H. Code Admin. R. Ann. Env-Wq 802.37 Operator {#sec-env-wq-802.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.37}

“Operator” means “operator” as defined in RSA 485-A:2, VII-a, namely: “(a) The individual who has full responsibility for the daily operation of a wastewater treatment plant or a pollution control facility; (b) The individual normally responsible for the operations shift; or (c) Individuals who perform important operating functions.” For the purposes of this chapter, the definition in RSA 485-A:2, VII-a(c) is intended to include persons who perform important operating related to the sludge management activity(ies) at a sludge site, sludge facility, water treatment plant, or wastewater treatment plant.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.30)

N.H. Code Admin. R. Ann. Env-Wq 802.38 Owner {#sec-env-wq-802.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.38}

“Owner” means the person who holds title to the land on which sludge is managed or is proposed to be managed.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.31)

N.H. Code Admin. R. Ann. Env-Wq 802.39 Permit {#sec-env-wq-802.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.39}

“Permit” means the written document issued by the department that authorizes the holder to manage the site or facility identified in the document or to use the vehicle identified in the document to remove and transport sludge according to the terms of the document.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.32)

N.H. Code Admin. R. Ann. Env-Wq 802.40 Permit holder {#sec-env-wq-802.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.40}

“Permit holder” means the person to whom a permit has been issued by the department.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.33)

N.H. Code Admin. R. Ann. Env-Wq 802.41 Person {#sec-env-wq-802.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.41}

“Person” means “person” as defined by RSA 485-A:2, IX, namely “any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.”

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.34)

N.H. Code Admin. R. Ann. Env-Wq 802.42 Political subdivision {#sec-env-wq-802.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.42}

“Political subdivision” means any village district, school district, town, city, county, or unincorporated place in the state.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.43 Poorly drained soil {#sec-env-wq-802.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.43}

“Poorly drained soil” means a type of soil where water is removed so slowly that the soil is wet at shallow depths periodically during the growing season or remains wet for long periods. The occurrence of internal free water is shallow or very shallow and common or persistent. Free water is commonly at or near the surface long enough during the growing season so that most mesophytic crops cannot be grown, unless the soil is artificially drained. The soil is not continuously wet directly below plow depth. Free water at shallow depth is usually present.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.35)

N.H. Code Admin. R. Ann. Env-Wq 802.44 Processing {#sec-env-wq-802.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.44}

“Processing” means any activity to reduce the quantity of sludge or alter its chemical, biological, or physical state. Processing does not include the alteration of sludge’s chemical, biological, or physical state solely for the purpose of odor control.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.36)

N.H. Code Admin. R. Ann. Env-Wq 802.45 Publicly owned treatment works (POTW) {#sec-env-wq-802.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.45}

“Publicly owned treatment works (POTW)” means a wastewater treatment plant that is owned by a political subdivision.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.37)

N.H. Code Admin. R. Ann. Env-Wq 802.46 Quality-certified sludge (QC sludge) {#sec-env-wq-802.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.46}

“Quality-certified sludge (QC sludge)” means sludge or a mixture of sludge that:

(a) Has received sludge quality certification pursuant to Env-Wq 809 or is a mixture of sludge for which each constituent sludge has received sludge quality certification; and

(b) Contains nutrients or organic material, or both, that can be used:

(1) To improve crop land or forested land; or

(2) For reclamation.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.38)

N.H. Code Admin. R. Ann. Env-Wq 802.47 Reclamation {#sec-env-wq-802.47 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.47}

“Reclamation” means the addition of organic matter and nutrients to facilitate the establishment of vegetation on soils that have been severely disturbed or that otherwise do not support vegetation sufficient to prevent erosion. The term does not include the land application of QC sludge at a rate of less than 1,500 pounds of nitrogen per acre and having a carbon-to-nitrogen ratio of between 30:1 and 40:1.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.39)

N.H. Code Admin. R. Ann. Env-Wq 802.48 River corridor {#sec-env-wq-802.48 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.48}

“River corridor” means “river corridor” as defined in RSA 483:4, XVIII, namely “the river and the land area located within a distance of 1,320 feet of the normal high water mark or to the landward extent of the 100 year floodplain as designated by the Federal Emergency Management Agency, whichever distance is larger.”

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.40)

N.H. Code Admin. R. Ann. Env-Wq 802.49 Sewage {#sec-env-wq-802.49 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.49}

“Sewage” means “sewage” as defined in RSA 485-A:2, X, namely “the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present”.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 802.50 Short paper fiber {#sec-env-wq-802.50 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.50}

“Short paper fiber” means “short paper fiber” as defined in RSA 485-A:2, XXIII, namely “any sludge derived from a pulp or paper mill wastewater treatment facility that meets the standards for beneficial reuse specified by the department.”

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.41)

N.H. Code Admin. R. Ann. Env-Wq 802.51 Site {#sec-env-wq-802.51 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.51}

“Site” means contiguous land areas owned by the same person(s), on which quality-certified sludge is stockpiled for 8 months or less or land applied, even if the land area is divided by a highway, railroad bed, water body, or boundary of a political subdivision.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.42)

N.H. Code Admin. R. Ann. Env-Wq 802.52 Sludge {#sec-env-wq-802.52 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.52}

“Sludge” means “sludge” as defined in RSA 485-A:2, XI-a, namely “the solid or semisolid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under RSA 149-M.” The term includes industrial sludge and sludge mixed with another sludge or another material.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.43)

N.H. Code Admin. R. Ann. Env-Wq 802.53 Sludge derived from human waste {#sec-env-wq-802.53 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.53}

“Sludge derived from human waste” means sludge produced by the treatment of wastewater that contains human fecal material. Sludge is considered to be derived from human waste if any portion of the influent wastewater contains human fecal material.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.44)

N.H. Code Admin. R. Ann. Env-Wq 802.54 Stockpiling {#sec-env-wq-802.54 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.54}

“Stockpiling” means the temporary storage of sludge.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.45)

N.H. Code Admin. R. Ann. Env-Wq 802.55 Surface water {#sec-env-wq-802.55 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.55}

“Surface water” means “surface waters of the state” as defined in RSA 485-A:2, XIV, namely “perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.” The term includes wetlands, but does not include non-tidal drainage ditches that were designed, built, and used to convey wastewater or stormwater and does not include constructed wetlands, lagoons, and other treatment systems designed and built solely as wastewater or stormwater treatment systems provided such facilities were not initially constructed in waters of the state or were not constructed to serve other mitigation purposes.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.46)

N.H. Code Admin. R. Ann. Env-Wq 802.56 Transfer {#sec-env-wq-802.56 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.56}

“Transfer” means, as applicable:

(a) The conveyance of a fee simple interest in real estate; or

(b) A change in the ownership or operational control of a person holding a permit as follows:

(1) For a partnership, a change in the majority of general partners;

(2) For a corporation, the conveyance of all corporate assets or of a majority of voting shares to a new person;

(3) For other organizations, a transfer of the control of the organization to a new person; and

(4) For an individual, transfer of control to another person.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.47)

N.H. Code Admin. R. Ann. Env-Wq 802.57 Vector {#sec-env-wq-802.57 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.57}

“Vector” means a carrier that is capable of transmitting a pathogen from one organism to another, including but not limited to flies and other insects, rodents, birds, and other vermin.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.48)

N.H. Code Admin. R. Ann. Env-Wq 802.58 Very poorly drained soil {#sec-env-wq-802.58 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.58}

“Very poorly drained soil” means a type of soil where water is removed from the soil so slowly that free water remains at or very near the ground surface during much of the growing season. The occurrence of internal free water is very shallow and persistent or permanent. Unless the soil is artificially drained, most mesophytic crops cannot be grown. The soil is commonly level or depressed and frequently ponded, but if rainfall is high or nearly continuous, slope gradients can be greater.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.49)

N.H. Code Admin. R. Ann. Env-Wq 802.59 Wastewater treatment plant {#sec-env-wq-802.59 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.59}

“Wastewater treatment plant” means “wastewater treatment plant” as defined in RSA 485-A:2, XVI-a, namely “the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.”

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 802.50)

N.H. Code Admin. R. Ann. Env-Wq 802.60 Water treatment plant {#sec-env-wq-802.60 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 802.60}

“Water treatment plant” means “water treatment plant” as defined in RSA 485:1-a, XVII, namely “that portion of the public water system which is designed to alter the physical, chemical, biological or radiological quality of the water or to remove any contaminants.”

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 803 Notification Requirements

N.H. Code Admin. R. Ann. Env-Wq 803.01 Locally-Accessible Place {#sec-env-wq-803.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 803.01}

(a) Copies of an application and related materials shall be made available for review at a locally-accessible place as defined in Env-Wq 802.30.

(b) If a location that meets the requirements of Env-Wq 802.30 cannot be found, the applicant shall:

(1) Make copies available at more than one location that collectively meet those requirements, provided all the locations are identified in the required notice; or

(2) Make a copy available at the town hall and post a copy on the applicant’s website, and include the URL of the website in the required notice.

(c) If the application is available as specified in (a) or (b)(1) above, the applicant may also post the application and related materials online and provide the URL of the website in the required notice.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 803.02 Notification Requirements for Site and Facility Permits {#sec-env-wq-803.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 803.02}

(a) Upon filing an application with the department for a site or facility permit, the applicant shall provide notice to:

(1) The governing body of the municipality in which the proposed site or facility is located and the governing body of each adjacent municipality in which any abutter is located;

(2) If the site or facility is within a designated river corridor, the chair of the applicable LAC;

(3) All abutters to the proposed site or facility as such abutters and their respective legal mailing addresses are identified in the municipal tax records as of the close of business on the day before the date on which notice is provided pursuant to this section; and

(4) All other persons who own property that is located within 1,000 feet of the area on which the activity will occur as such landowners and their respective mailing addresses are identified in the municipal tax records as of the close of business on the day before the date on which notice is provided pursuant to this section.

(b) The notice shall be:

(1) In writing; and

(2) Delivered by any method that provides documentation confirming the notice was received by the intended recipient, provided that for any notice delivered by hand, the applicant shall obtain a signed acknowledgment from the recipient that the notice was received.

(c) The notice shall contain the following information:

(1) A statement that an application for a site or facility permit, as applicable, has been filed with the department and the type of sludge management activity regulated by Env-Wq 800 that is proposed;

(2) Identification of the proposed site or facility, as applicable, including street address and municipality;

(3) The names, mailing addresses, emails, and telephone numbers of:

a. The applicant;

b. Each generator of sludge that will be managed at the site or facility;

c. The operator at the site or facility; and

d. The owner of the property on which the activity is proposed to be conducted, and the lessee if the land is leased;

(4) The estimated annual quantity of sludge, in wet tons, to be received at the site or facility;

(5) The proposed dates of commencement and cessation of the activity;

(6) The identification of the locally accessible place where the application and all supporting information are available for review, as required by Env-Wq 803, and the URL of the website where the application is posted, if applicable; and

(7) A statement that a 30-day public comment period will be advertised by the department on its website after the application is determined to be complete.

(d) If a person to whom notice is required to be given cannot be located, or fails or refuses to sign for the certified mail, or refuses to sign an acknowledgment when the notice is delivered in hand, the person giving the notice shall provide proof to the department that an attempt to deliver the notice was made, which proof shall be submitted to the department with the application in the form of a copy of the U.S. mail receipt or, if delivered by hand, sworn affidavit that describes the efforts made to deliver the notice.

(e) The applicant shall include a copy of the notice with a list of recipients and proof of delivery or affidavit, as applicable, with the application submitted to the department.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 803.03 Subsequent Notifications to LACs {#sec-env-wq-803.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 803.03}

(a) If the chair of an applicable LAC who has received a notice pursuant to Env-Wq 803.02(a)(2) wishes to receive notices of subsequent steps as provided in this chapter, the chair shall provide an email address to the department’s division of water, wastewater engineering bureau, residuals management section with a request for copies of such notices to be sent to that email address.

(b) Any LAC chair who has provided an email address pursuant to (a) above shall notify the department by email of any change to the email address.

(c) Notices sent by the department to the email address provided by an LAC chair shall be deemed to have been received by the chair.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 803.04 Notification Requirements for Land Application {#sec-env-wq-803.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 803.04}

(a) A person who will be land applying QC sludge pursuant to a permit issued under Env-Wq 806 shall provide notice in accordance with this section.

(b) At least 14 days, and no more than 90 days, before the intended date of the first land application in each calendar year, the person shall:

(1) Send the notice to the department; and

(2) Cause the notice to be published on the official website of, or other location where public notices are typically posted in the municipality where the land application of QC sludge will occur, and in a newspaper of general circulation in such municipality, if applicable.

(c) The notice shall include the following information:

(1) A statement that the person intends to land apply QC sludge and the permit number and date of the permit that authorizes the activity;

(2) Identification of the site on which the activity will occur, including street address and municipality;

(3) The name(s), mailing address(es), email(s), and telephone number(s) of:

a. The permit holder;

b. Each generator of the QC sludge that will be land applied at the site or facility;

c. The operator at the site, if other than the permit holder; and

d. The property owner, and the lessee if the land is leased, if other than the permit holder; and

(4) The proposed dates of commencement and cessation of the activity.

(d) The permit holder shall post a copy of the notice at each vehicular and commonly used entrance to the site beginning no later than 3 days prior to application and continuing through at least 3 days after application.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 804 Required Permits and Certifications; Application Processing

N.H. Code Admin. R. Ann. Env-Wq 804.01 Sludge Hauler Permit Required {#sec-env-wq-804.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 804.01}

(a) Except as provided in (b) below, no person shall transport sludge derived from human waste over public roads or public waters without first obtaining a sludge hauler permit from the department.

(b) A sludge hauler permit shall not be required for:

(1) The interstate transportation of sludge that is not generated, processed, transferred, stored, used, or disposed of in New Hampshire;

(2) Transporting QC sludge from a stockpile location at a permitted site to fields at the same site where the QC sludge will be land applied; or

(3) Transporting class A biosolids.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 804.02 Site and Facility Permits Required {#sec-env-wq-804.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 804.02}

(a) Except as provided in (e) below, no person shall manage sludge at any place, unless the place is:

(1) A site or facility with a permit issued in accordance with Env-Wq 800;

(2) A wastewater treatment plant actively receiving and treating wastewater with a permit issued under RSA 485-A:13;

(3) A water treatment plant actively treating and distributing potable water and granted approval to operate pursuant to RSA 485;

(4) A solid waste facility with a permit issued under RSA 149-M; or

(5) An incinerator with a permit issued under RSA 125-C, RSA 125-I, or both.

(b) Except as provided in (e) below, a site permit shall be required for:

(1) Each QC sludge land application site;

(2) Each QC sludge mixing site where the resultant mixture is to be used on-site; and

(3) Each stockpile site where QC sludge will be stockpiled for 8 months or less and where the stockpile location is not at a facility permitted pursuant to (a)(1) through (a)(5), above.

(c) Except as provided in (d) or (e) below, a facility permit shall be required for:

(1) The processing, treatment, or disposal, other than land application, of sludge;

(2) Each QC sludge mixing site where the resultant mixture is to be used off-site;

(3) Each QC sludge stockpile site where any material will be stockpiled for greater than 8 months in any 12-month period;

(4) The construction, operation, and closure of any sludge lagoon or monofill; and

(5) The construction, operation, and closure of any sludge transfer station.

(d) A facility permit shall not be required for the processing of QC sludge for the sole purpose of odor control at a site permitted for land application.

(e) A person who land applies class A biosolids shall be exempt from the requirement to obtain a site permit or a facility permit, but shall comply with Env-Wq 809.07 relative to required post-certification testing and Env-Wq 810 relative to land application and management restrictions.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 804.03 Sludge Quality Certification Required {#sec-env-wq-804.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 804.03}

(a) Except as provided in (b) and (c) below, no person shall land apply, distribute for land application, sell, or give away any sludge or sludge mixture, in bulk, that is not covered by a sludge quality certification pursuant to Env-Wq 809.

(b) An additional sludge quality certification shall not be required for a sludge mixture produced at a facility where each constituent sludge has a sludge quality certification and any other constituent is a non-sludge material.

(c) A sludge quality certification shall not be required for sludge that is not used for land application.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 804.04 Permit and Sludge Quality Certification Application Process {#sec-env-wq-804.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 804.04}

(a) All applications for permit or certification, including applications for modification, renewal, transfer, and waiver or equivalency determination, submitted under this chapter shall be signed by an authorized signatory as defined in Env-Wq 802 who whereby signing shall certify that:

(1) They are an authorized signatory for the application as defined in Env-Wq 802.06;

(2) The information submitted is true, accurate, and complete to the best of their knowledge;

(3) They understand that supplying false information on the application shall be grounds for revocation or suspension of the resulting permit or certification, including associated waivers;

(4) They shall comply with all requirements in Env-Wq 800; and

(5) They shall ensure that, in accordance with Env-Wq 806.07(i) or Env-Wq 807.07(h) as applicable, all persons participating in the sludge management activities proposed under this application are properly trained on the requirements of Env-Wq 800 prior to commencing such activities.

(b) Within 30 days of receipt of an application with the appropriate fee for a permit or certification required by this chapter, or associated modification, renewal, transfer, or waiver, the department shall determine if the application is complete.

(c) Upon determination by the department under (b) above that an application is not complete, the department shall notify the applicant in writing, identifying the deficiencies causing the application to be deemed incomplete, requesting that the applicant provide the information needed to complete the application, and informing the applicant of the deadline and conditions set forth in (d) below.

(d) If the applicant does not respond or provides incomplete information within 60 days of the date of the notice sent pursuant to (c) above or by the deadline otherwise agreed to by the applicant and the department, the department shall deny the application.

(e) Upon determination by the department under (b) above that an application is complete, the department shall:

(1) Provide written notice of completeness to the applicant and the governing body of each municipality that received notice pursuant to Env-Wq 803.02(a)(1);

(2) For proposed sites or facilities within a designated river corridor, provide a copy of the notice of completeness to:

a. The department’s rivers coordinator established pursuant to RSA 483:3 via email; and

b. The chair of the applicable LAC via email if any, and otherwise mailed by U.S. Postal Service first class mail; and

(3) If a modification or renewal exceeds the threshold in Env-Wq 804.09(f), publish notice of a 30-day public comment period that contains the information specified in (f) below on the department’s website.

(f) The notice required by (e)(3) above shall contain the following information:

(1) The name and mailing address of the applicant;

(2) A statement that a complete application has been received, and that the department has opened a public comment period;

(3) The deadline for submission of written comments, which shall be no sooner than 30 days from the date the notice is published;

(4) The locally-accessible place where the application can be reviewed and the URL of the website where the application is posted, if applicable;

(5) The name, address, e-mail address, and telephone number of the person in the department receiving comments and petitions;

(6) The type of activity to be conducted;

(7) The proposed location of the site or facility; and

(8) The name of the property owner.

(g) The department shall transmit a copy of the notice to the chair of the applicable LAC if the chair has submitted an email address in accordance with Env-Wq 803.03.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 804.05 Decision on Application {#sec-env-wq-804.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 804.05}

(a) If the information submitted with any complete application is insufficient for the department to make a determination that the proposed activity will comply with the applicable requirements of RSA 485-A and this chapter, the department shall request that the applicant provide such additional information as the department determines is necessary to make the determination.

(b) Subject to (c) below, within 60 days of receipt of a complete application, the department shall:

(1) Issue the site or facility permit, sludge quality certification, or modification, renewal, transfer, or waiver, or deny the application based on the criteria specified in applicable sections of Env-Wq 800; and

(2) Send written notice of its decision to the applicant and to the governing body of each municipality to which notice was sent pursuant to Env-Wq 803.02(a)(1).

(c) The department shall transmit a copy of the decision to the chair of the applicable LAC if the site or facility is located within a designated river corridor and requested by the LAC in accordance with Env-Wq 803.03.

(d) If site-specific conditions or limitations are necessary to protect public health or safety or the environment, the department shall include such conditions or limitations in the site or facility permit or sludge quality certification that is issued.

(e) If an application submitted pursuant to Env-Wq 800 is denied, the written notification provided pursuant to (b)(2) above shall specify the reason(s) for the denial and provide information that the applicant may appeal the decision to the water council as a permitting decision in accordance with RSA 21-O:14.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.06)

N.H. Code Admin. R. Ann. Env-Wq 804.06 Suspension, Revocation, or Refusal to Renew {#sec-env-wq-804.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 804.06}

(a) In this section, “approval” means any permit, certification, modification, renewal, transfer, or waiver issued pursuant to Env-Wq 800.

(b) If, after issuing an approval, the department receives information indicating that good cause, as set forth in (g) below, exists to suspend or revoke the approval, the department shall proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 applicable to adjudicative proceedings.

(c) After proceeding as specified in (b) above, the department shall revoke the approval if the department determines that the circumstances cannot be corrected to conform to applicable requirements.

(d) After proceeding as specified in (b) above, the department shall suspend the approval, subject to (e) below, if the department determines that, while good cause exists, as set forth in (g) below to revoke, the circumstances can be corrected to conform to applicable requirements.

(e) If an approval is suspended pursuant to (d) above, the department shall not reinstate the approval until:

(1) The circumstances have been corrected to conform with applicable requirements; and

(2) The permit holder submits a written or email request to the department’s wastewater engineering bureau, residuals management section requesting that the approval be reinstated.

(f) If after receiving a request for renewal of an approval the department receives information which indicates that good cause, as set forth in (g) below exists to refuse to renew the approval, the department shall proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 applicable to adjudicative proceedings and refuse to renew the approval until the circumstances have been corrected to conform with applicable requirements.

(g) Good cause to suspend, revoke, or refuse to renew an approval shall include the following:

(1) The person to whom the approval was issued has not complied with the conditions of the approval or this chapter;

(2) The plans submitted with the application on which the approval was based do not accurately portray the actual site, facility, or management activities and the approval would not have been issued if accurate plans had been submitted;

(3) Any other information submitted in support of the application is not true and complete or is misleading and the approval would not have been issued if the information submitted had been true, complete, and not misleading;

(4) The person to whom the approval was issued has failed to comply with an order of the department relative to sludge management or any other statute administered by the department, including an order to undertake corrective measures;

(5) The person to whom the approval was issued has failed to pay any administrative, civil, or criminal penalties owed to the department; or

(6) The person to whom the approval was issued has not resolved any violation(s) or order(s) issued under any statute or rule administered by the department and the person to whom the violation(s) or order(s) was issued was notified in writing by or on behalf of the department.

(h) The department shall notify the person to whom the approval was issued in writing of its decision. If the approval is suspended, revoked, or refused renewal, the notice shall identify the ground(s) for the decision and include information on how to appeal the decision.

(i) For any decision relating to a site or facility permit or a waiver related thereto, the department shall transmit a copy of the decision to:

(1) The governing body in which the site or facility is located; and

(2) The chair of the applicable LAC, if any, if the chair has submitted an email address in accordance with Env-Wq 803.03.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.07)

N.H. Code Admin. R. Ann. Env-Wq 804.07 Transfer of Permit or Certification {#sec-env-wq-804.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 804.07}

(a) The department shall issue a sludge hauler permit to the applicant for the vehicle(s) identified in the application. The permit holder shall not sell, assign, or otherwise transfer the permit to any other person without first obtaining approval from the department in accordance with (d) below.

(b) The department shall issue a site or facility permit, and any associated waivers, to the applicant for the property and sludge management activities identified in the application. The permit holder shall not sell, assign, or otherwise transfer the permit or to any other person without first obtaining approval from the department in accordance with (d) below.

(c) The department shall issue a sludge quality certificate, and any associated waivers, to the applicant for the property and sludge management activities identified in the application. The certificate holder shall not sell, assign, or otherwise transfer the certificate or associated waivers to any other person without first obtaining approval from the department in accordance with (d) below.

(d) A permit or certificate holder wishing to transfer a permit or certification, and any associated waivers, shall prepare and submit to the department:

(1) A complete application, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a) as follows:

a. For sludge site and facility permits, a form entitled “Application for Modification, Renewal, or Transfer of Existing Sludge Permit”, NHDES-W-09-044, 5-15-2026, and information required by Env-Wq 806.03(c)(2) or Env-Wq 807.03(c)(2), if applicable; or

b. For sludge quality certifications, a form entitled “Application for Modification, Renewal, or Transfer of Existing Sludge Quality Certification”, NHDES-W-09-053, 5-15-2026, and information required by Env-Wq 809.04(d)(2), if applicable;

(2) If requested by the department, a copy of the original permit, certification, or waiver application, with any appendices or attachments; and

(3) If requested by the department, a copy of the current permit, certification, or waiver.

(e) In addition to the existing permit or certificate holder, the new permit or certificate holder shall certify that:

(1) They are an authorized signatory for the application as defined in Env-Wq 802;

(2) The information submitted is true, accurate, and complete to the best of their knowledge;

(3) They understand that supplying false information on the application shall be grounds for revocation or suspension of the resulting permit or certification, including associated waivers;

(4) They shall comply with all requirements in Env-Wq 800; and

(5) They shall ensure that all persons participating in the sludge management activities proposed under this application are properly trained in the requirements of Env-Wq 800 prior to commencing such activities.

(f) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in (g) below.

(g) The department shall approve the requested transfer if:

(1) The current permit or certificate holder is in compliance with this chapter, the permit or certification, and any waivers or will be in compliance with the rules prior to, or as the result of, the transfer;

(2) Any proposed modifications are in accordance with Env-Wq 804.10; or

(3) Good cause as specified in Env-Wq 804.06(g) to suspend, revoke, or refuse to renew or transfer the permit or certification, and any associated waivers, does not exist, unless the reason that good cause exists can be corrected prior to or as a result of the transfer.

(h) The department shall notify the permit holder in writing of its decision. If the transfer request is denied, the notice shall identify the ground(s) for the denial and include information on how to appeal the decision.

(i) For requests to transfer a site or facility permit, the department shall transmit a copy of the decision to:

(1) The governing body in which the site or facility is located; and

(2) The chair of the applicable LAC, if any, if the site or facility is located within a designated river corridor and requested by the LAC chair in accordance with Env-Wq 803.03.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.08)

N.H. Code Admin. R. Ann. Env-Wq 804.08 Transfer of Land Ownership {#sec-env-wq-804.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 804.08}

(a) If land that has a site or facility permit and any associated waivers is to be transferred to a new owner, the permit holder shall notify the department as soon as practical, but not later than 10 days prior to the transfer.

(b) If the new landowner wishes to continue the activities covered by the permit and any associated waivers, the permit holder and new landowner shall transfer the permit according to Env-Wq 804.07.

(c) If a permit transfer pursuant to Env-Wq 804.07 has not been issued as of the date of land ownership transfer, all activities covered by the permit and any associated waivers shall be suspended as of the date of land ownership transfer and until the permit transfer has been issued by the department.

(d) If the new owner does not wish to transfer the permit or continue any activities covered by the site or facility permit and any associated waivers, the permit holder shall:

(1) Submit a written statement via email or U.S. Postal Service first class mail to the department’s wastewater engineering bureau, residuals management section and to the governing body of the municipality in which the site or facility is located indicating that the activities have been or will be discontinued and the date of cessation and that the permit holder intends to surrender the permit;

(2) Remove any infrastructure specific to the activities that were subject to the permit and any associated waivers; and

(3) Close the site or facility in accordance with Env-Wq 806.13 or Env-Wq 807.09(b)(2).

(e) If an application for transfer is not received, the department shall commence suspension or revocation pursuant to Env-Wq 804.06.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.09)

N.H. Code Admin. R. Ann. Env-Wq 804.09 Modification or Renewal of Permits and Certifications {#sec-env-wq-804.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 804.09}

(a) The department shall modify the conditions of a permit or certification without request by the permit or sludge quality certification (SQC) holder in order to achieve compliance with this chapter.

(b) In the event of any such modification the department shall:

(1) Provide written notice to the permit or SQC holder stating the proposed modifications and the reason(s) for the modification(s);

(2) Provide the permit or SQC holder 30 days from the date of the written notice to comment in writing on the proposed permit modification(s);

(3) After considering the permit or SQC holder’s written comments submitted via email or U.S. Postal Service first class mail, if any, issue a revised permit or certification with a timetable for bringing the sludge management activities into compliance with the revised conditions of the permit or certification; and

(4) Notify the permit or SQC holder that they may request an adjudicative hearing in accordance with Env-C 200 if aggrieved by the department’s decision.

(c) The permit or SQC holder shall apply to the department as specified Env-Wq 806, Env-Wq 807, or Env-Wq 809 to modify or renew an existing site permit, facility permit, or SQC, respectively.

(d) Subject to (f) below, the department shall approve the modification or renewal if it determines that:

(1) All applicable requirements of this chapter have been met;

(2) If the applicant is other than the owner, the owner has given permission to the applicant for the modification or renewal;

(3) The applicant has applied for all other state permits that are necessary for the proposed modification or renewal;

(4) Management of the sludge at the site or facility in accordance with the proposed modification or renewal will not violate any statutes or rules administered by the department;

(5) The permit holder has resolved any notice(s) of non-compliance or violation, or enforcement order(s) issued by the department relative to sludge management or any other statute administered by the department, including any orders to undertake corrective measures; and

(6) The permit holder has paid all fees, administrative fines, and all civil or criminal penalties owed to the state as a result of a violation of a law administered by department.

(e) The department shall approve or deny an application to modify or renew a permit or certification within 60 days of receipt of a complete application.

(f) For site and facility permits, if the proposed permit modification or renewal increases the total quantity of sludge being managed at the site or facility by more than 20% from the quantity specified in the current permit, or otherwise modifies the management activity, the modification shall be processed in accordance with Env-Wq 803 and Env-Wq 804.04 through Env-Wq 804.05.

(g) The department shall notify the permit or certificate holder, in writing, of its decision on the request for modification or renewal. For modifications made pursuant to (a) above, the notice shall include the ground(s) for the modification and information on how to appeal the decision.

(h) For site and facility permits, the department shall transmit a copy of the decision to:

(1) The governing body in which the site or facility is located; and

(2) The chair of the applicable LAC, if any, if the chair has submitted an email address in accordance with Env-Wq 803.03.

(i) If the holder of any permit or certification chooses not to renew the existing permit or certification, or any associated waivers, the holder shall:

(1) Notify the department in writing via email or U.S. Postal Service first class mail of the intent not to renew;

(2) Discontinue the activities covered by the permit or certification and any associated waivers not later than the expiration date of the existing permit or certification; and

(3) Properly close the site or facility in accordance with Env-Wq 806.13 or Env-Wq 807.09(b)(2), as applicable.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 804.10)

Part Env-Wq 805 Sludge Hauler Permit Requirements

N.H. Code Admin. R. Ann. Env-Wq 805.01 Sludge Hauler Permit Applications {#sec-env-wq-805.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.01}

(a) Any applicant for a permit to remove or transport sludge derived from human waste that is not class A biosolids over public roads or public waters of New Hampshire shall complete and submit form “Application for Sludge Hauler Permit”, NHDES-W-09-054, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(b) The applicant shall complete form NHDES-W-09-037, "Septage Disposal Certification", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each site or facility at which septage will be disposed, and upload a copy of the completed form with the application. Each signatory shall certify that “the hauler named above is authorized to beneficially use or dispose of septage at the facility or site listed above.”

(c) The application shall be accompanied by any fees specified in Env-Wq 805.04.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.02 Expiration of Sludge Hauler Permits {#sec-env-wq-805.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.02}

Any sludge hauler permit issued pursuant to this part shall be valid for up to 2 years according to the following schedule:

(a) Permits issued in an even numbered year will expire on January 31 of the next even numbered year following the date of issuance; and

(b) Permits issued in an odd numbered year will expire on January 31 of the next odd numbered year following the date of issuance.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.03 Renewal of a Sludge Hauler Permit {#sec-env-wq-805.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.03}

(a) Any person to whom a sludge hauler permit has been issued who wishes to renew the permit shall submit the information required in Env-Wq 805.01 and the permit fee specified in Env-Wq 805.04 to the department prior to the expiration of the existing permit.

(b) If the renewal application is submitted prior to the expiration of the permit, the permit holder may continue to operate under the terms of the permit as provided in RSA 541-A:30, even if a decision on the renewal application has not been made prior to the expiration date.

(c) If the renewal application is not submitted prior to the expiration of the permit, the permit holder shall discontinue operating under the terms of the permit and apply for a new permit.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.04 Sludge Hauler Permit Fees {#sec-env-wq-805.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.04}

(a) The applicant for issuance or renewal of a sludge hauler permit shall submit a fee in the amount of $100 for each vehicle used to carry sludge with the application.

(b) Fees, if applicable, shall be paid online by electronic check or credit card.

(c) The fee shall not be prorated or refunded if the permit term established pursuant to Env-Wq 805.02 is less than 2 full years.

(d) Any vehicle owned by the state of New Hampshire or a New Hampshire political subdivision that transports its own sludge shall be exempt from the fee specified above.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.05 Criteria for Review {#sec-env-wq-805.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.05}

(a) Within 30 days of receipt of the information required in Env-Wq 805.01, the department shall issue a written decision on the application to the applicant.

(b) The department shall issue an initial sludge hauler permit or renew an existing sludge hauler permit for the vehicle(s) specified in the application if it determines that the following criteria have been met:

(1) All applicable requirements of Env-Wq 800 have been met;

(2) The applicant submits a signed statement stating that all vehicles and containers proposed to transport sludge comply with all federal and state requirements applicable to sludge transportation and will be maintained so as to continue to comply with such requirements;

(3) The applicant has resolved any violation(s) or order(s) issued by the department relative to sludge management or any other statute administered by the department, including any orders to undertake corrective measures; and

(4) The applicant has paid all fees, administrative fines, and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department.

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

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.06 Identification of Vehicle(s) {#sec-env-wq-805.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.06}

(a) The permit holder shall ensure that a copy of the sludge hauler permit is in the vehicle at all times.

(b) Each sludge hauler shall display the name, business address, and telephone number of the hauler or transporting company on both sides of the vehicle or tank used to transport sludge, unless exempt pursuant to (d), below.

(c) The information required by (b) above shall be in permanent lettering that is:

(1) In a color that contrasts sharply in color with the background on which the letters are placed; and

(2) Legible during daylight hours from a distance of 50 feet, equivalent to 15.24 meters, while the vehicle is stationary.

(d) Vehicles that are owned and operated by the state of New Hampshire or a New Hampshire political subdivision and that bear the state or political subdivision’s official seal on each side of the vehicle shall not need additional identification.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.07 Maintenance of Containers and Vehicles {#sec-env-wq-805.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.07}

A hauler who has been issued a permit pursuant to Env-Wq 805 shall maintain each container and vehicle used to transport sludge as follows:

(a) Each container and vehicle shall be maintained:

(1) So as not to create unreasonable malodors or public health hazards; and

(2) In compliance with all federal and state requirements applicable to sludge transportation;

(b) Each container transporting sludge from which liquid might be released during transport shall be watertight;

(c) The lettering required by Env-Wq 805.06(b) shall be maintained so as to retain the legibility required by Env-Wq 805.06(c); and

(d) For containers transporting liquid sludge:

(1) All piping, valves, and rigid or flexible connections shall be accessible and capable of being cleaned;

(2) All inlet and outlet connections shall be constructed and maintained such that no material will leak, spill, or run out of the container during transfer or transportation; and

(3) All discharge outlets shall be designed to control the flow of discharge without spraying or flooding the receiving area.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.08 Transportation of Sludge {#sec-env-wq-805.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.08}

(a) Sludge transported in an open-top vehicle or roll-off-style container shall meet the following minimum requirements:

(1) Sludge that is derived from human waste and that is not class A shall meet class B requirements at a minimum prior to being transported to a land application or stockpile site;

(2) No person shall transport sludge that is not QC sludge to a site permitted under Env-Wq 806;

(3) Open-top vehicles and roll-off-style containers used for transporting sludge shall be covered during transport to minimize odors; and

(4) Open-top vehicles and roll-off-style containers transporting sludge shall not remain for longer than 24 hours at a place without a site or facility permit, unless that place is exempt from such permit pursuant to Env-Wq 804.02(a).

(b) Sludge transported in a tank shall meet the following minimum requirements:

(1) Each tank and hose shall be maintained so as not to create a public nuisance or a public health hazard;

(2) Each tank shall be watertight;

(3) All piping, valves, and connections shall be accessible and capable of being cleaned;

(4) All inlet and outlet connections and hose supports shall be constructed and maintained such that no material will leak, spill, or run out of the tank or hoses during transfer or transportation; and

(5) Discharge outlets shall be designed to control the flow of discharge without spraying or flooding the receiving area.

(c) All vehicles transporting sludge shall be inspected by the driver prior to transport on public roads or public waters to ensure that the contents will not spill, leak, or otherwise escape the container or tank during transfer or transportation.

(d) All vehicles and containers used to transport sludge shall conform to all applicable federal and state requirements for sludge transportation.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.09 Change of Vehicle {#sec-env-wq-805.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.09}

Whenever a permit holder obtains an additional vehicle or replaces a permitted vehicle used for transporting sludge the permit holder shall:

(a) Notify the department’s wastewater engineering bureau, residuals management section in writing via email or U.S. Postal Service first class mail prior to placing the vehicle in service to transport sludge;

(b) Supply the identification number and license plate number for the vehicle(s); and

(c) Pay the fee, if any, required under Env-Wq 805.04.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.10 Recordkeeping {#sec-env-wq-805.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.10}

(a) Each sludge hauler permit holder shall legibly record the following information for each load of sludge:

(1) The date the sludge is transported from the generator’s site or facility;

(2) The generator’s name, street address, municipality, and daytime telephone number;

(3) The quantity of sludge, in gallons or wet tons, as applicable;

(4) The type of sludge, such as class B biosolids or sludge that has not received sludge quality certification;

(5) The name, mailing address, and telephone number of the hauler permit holder and of the driver of the motorized vehicle if other than the permit holder;

(6) The name, mailing address, and telephone number of each permitted site, facility, solid waste facility, or wastewater treatment plant to which the sludge or class B biosolids is delivered; and

(7) The date the sludge was delivered to the permitted site or facility.

(b) The information required by (a) above shall be maintained in the vehicle used to transport the sludge while the material is being transported.

(c) The sludge hauler permit holder shall:

(1) Retain the records for a minimum of 5 years after expiration of the hauler permit to which the records relate; and

(2) Make all records available for review by the department upon request during normal business hours.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.11 Reporting {#sec-env-wq-805.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.11}

(a) Each sludge hauler shall provide the information required by Env-Wq 805.10(a) monthly to the operator of the site, facility, solid waste facility, or wastewater treatment plant to which the sludge is delivered by no later than the 15th of the month following the month of delivery.

(b) No later than the last business day in January of each year, all permitted haulers shall file an annual report for the prior calendar year with the department that contains the origin, total volume, and disposal location for all sludge originating in or disposed of in New Hampshire.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 805.12 Accidental Release {#sec-env-wq-805.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 805.12}

(a) In the event of an accidental release of sludge, the permit holder shall:

(1) Immediately take action to contain the spill, minimize the environmental impact, and begin cleanup procedures; and

(2) Subject to (c) below, notify the department and the local health officer within 24 hours of the release as specified in (b) below.

(b) The permit holder shall provide the following information to the department:

(1) The date, time, street address, and municipality of the spill;

(2) The quantity of sludge spilled and the quantity of sludge recovered, in wet tons or gallons as applicable, and the final disposition of the recovered sludge;

(3) The quantity, in wet tons or gallons as applicable, and final disposition of any sludge that was not recovered;

(4) The hauler’s permit number and the name and daytime telephone number of the driver involved in the incident;

(5) The name and daytime telephone number of the generator;

(6) The approximate distance to any surface waters and storm drains within 100 feet of the spill;

(7) The actions taken to control the extent of the spill, clean and disinfect if applicable the area of the spill, and minimize the environmental impact;

(8) Future actions necessary to clean up the spill, if applicable; and

(9) Contact information for the local health officer to whom the report of the incident was given.

(c) Notification to the department shall not be required if all of the following conditions are met:

(1) For sludge that contains greater than 10 percent solids, the discharge is less than 25 gallons or 5 cubic feet;

(2) The discharge is immediately and completely contained;

(3) The discharge is completely removed within 24 hours; and

(4) There is no impact to groundwater or surface water.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 806 Site Permit Requirements

N.H. Code Admin. R. Ann. Env-Wq 806.01 Site Permit Applications {#sec-env-wq-806.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.01}

(a) Unless exempted under Env-Wq 804.02(e), any person proposing to undertake QC sludge management activities at a site shall apply for a site permit.

(b) The applicant shall complete and submit an “Application for Sludge Land Application (Site) Permit”, NHDES-W-09-043, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(c) The applicant shall submit the following with the application:

(1) If the applicant is not the sole generator of sludge at the site, the applicant shall complete form NHDES-W-09-038, "Sludge Generator Authorization", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each generator of sludge to be delivered to the site, and upload a copy of the completed form with the application. Each signatory shall acknowledge that the generator is ultimately responsible for ensuring that the final deposition of the material is performed in accordance with this chapter and 40 CFR part 503;

(2) Site plans prepared in accordance with Env-Wq 806.06;

(3) A copy of the management plan developed in accordance with Env-Wq 806.07;

(4) If reclamation is proposed, a copy of the groundwater monitoring plan developed in accordance with Env-Wq 808.02;

(5) A copy of the National Resource Conservation Service (NRCS) county soils map, or a portion thereof, with the area(s) of proposed activity clearly delineated, including a description of each soil type found on the site;

(6) A description of the soil profile characteristics of each soil test pit or auger boring as required by Env-Wq 806.10(c);

(7) The results of the soil analyses in accordance with Env-Wq 806.10;

(8) If the site is a reclamation site or a forest application site, a site-specific soil map or survey prepared in accordance with the “Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Society of Soil Scientists of Northern New England Special Publication” No. 3, Version 7.0, dated July 2021 available as noted in Appendix B;

(9) If the site is located within a designated river corridor, written or electronic verification from the department’s rivers coordinator regarding the proposed site being located within a designated river corridor under RSA 483, and any recommendations the coordinator has concerning the proposed site;

(10) If the site is located within a classified GAA or GA-1 groundwater protection area, written or electronic verification from the department’s drinking water & groundwater bureau regarding the proposed activity being located within a classified GAA or GA-1 groundwater protection area and any recommendations they have concerning the proposed site;

(11) If endangered or threatened species or habitats are located in the area of the site, written or electronic verification from the department’s land resources management ecological review section regarding identified endangered or threatened species or habitats and any recommendations they have related to the proposed site; and

(12) If the applicant is not the property owner, a certification signed by the property owner stating that the property owner is aware and granted permission for a site permit application to be filed, and for the applicant to enter upon the land for the purposes of site investigation and operation of any permitted activities.

(d) The applicant shall make a copy of the complete application and all supporting information available as required by Env-Wq 803.

(e) The application shall be accompanied by any fees specified in Env-Wq 806.04.

(f) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 806.05.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.02 Expiration of Site Permits {#sec-env-wq-806.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.02}

A site permit and any associated waivers issued by the department shall expire 5 years from the date on which the permit became effective. This expiration date shall not be affected by any modifications, transfers, or waivers subsequently issued by the department for the permit.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.03 Modification and Renewal of Site Permits {#sec-env-wq-806.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.03}

(a) Any person to whom a site permit has been issued who wishes to modify or renew the permit shall apply for a permit modification or renewal under Env-Wq 804.09, submit a completed application pursuant to Env-Wq 806.03(c) below and pay any permit fees required by Env-Wq 806.04.

(b) If the renewal application is submitted at least 90 days prior to the expiration of the permit, the permit holder may continue to operate under the terms of the permit as provided in RSA 541-A:30, even if a decision on the renewal application has not been made prior to the expiration date.

(c) The applicant shall provide the following to the department:

(1) A complete “Application for Modification, Renewal, or Transfer of Existing Sludge Permit”, NHDES-W-09-044, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a); and

(2) The applicant shall submit the following with the application:

a. If the site is located within a designated river corridor, written or electronic verification from the department’s rivers coordinator regarding the proposed site being located within a designated river corridor under RSA 483, and any recommendations the coordinator has concerning the proposed site;

b. If the site is located within a classified GAA or GA-1 groundwater protection area, written or electronic verification from the department’s drinking water and groundwater bureau regarding the proposed activity being located within a classified GAA or GA-1 groundwater protection area and any recommendations they have concerning the proposed site;

c. If endangered or threatened species or habitats are located in the area of the site, written or electronic verification from the department’s land resources management ecological review section regarding identified endangered or threatened species or habitats and any recommendations they have related to the proposed site;

d. If the applicant is not the sole generator of sludge at the site, the applicant shall complete form NHDES-W-09-038, "Sludge Generator Authorization", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each generator of sludge to be delivered to the site, and upload a copy of the completed form with the application. Each signatory shall acknowledge that the generator is ultimately responsible for ensuring that the final deposition of the material is performed in accordance with this chapter and 40 CFR part 503;

e. If applicable based on the proposed modifications:

1. Revised drawings of the site with the proposed changes highlighted;

2. A revised management plan with the proposed changes highlighted; and

3. A proposed schedule for implementing all proposed modifications;

f. A list of new abutters which shall include any abutters not previously notified as part of the initial application;

g. If the applicant is not the property owner:

1. A certification signed by the property owner stating that the property owner is aware and has granted permission for an application for permit modification to be filed for the property, understands the proposed modifications, and has granted permission for the applicant enter upon the land for the purposes of site investigation and operation of any permitted activities; or

2. A certification signed by the property owner stating that the property owner is aware and has granted permission for an application for permit renewal or transfer to be filed for the property, and for the applicant to enter upon the land for the purposes of site investigation and operation of any permitted activities;

h. If requested by the department, a copy of the original permit application and those for any associated waivers, including all appendices or attachments; and

i. If requested by the department, a copy of the existing permit application and those for any associated waivers;

(d) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 806.05.

(e) If the proposed permit modification increases the total quantity of sludge being managed at the site or facility by more than 20% from the quantity specified in the current permit, or otherwise substantially modifies the management activity, the modification shall be processed in accordance with Env-Wq 803 and Env-Wq 804.04 through Env-Wq 804.05.

(f) A site permit modification issued by the department shall expire on the same date as the permit for which the modification was submitted. A site permit renewal issued by the department shall expire 5 years from the expiration date of the previous permit, regardless of the effective date of the renewal, which shall be the same month and day as the initial permit.

(g) If the renewal application is not submitted prior to the expiration date of the permit, the permit shall expire, and the permit holder shall immediately discontinue operations under the terms of the permit. Prior to resuming operation, an application for a new permit shall be submitted in accordance with Env-Wq 806.01 and a new permit issued by the department.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.04 Permit Fees {#sec-env-wq-806.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.04}

(a) Subject to (e) below, the applicant shall submit a fee in the amount of $300 with each application for issuance or renewal of a site permit for land application or stockpiling of QC sludge on sites with greater than 10 acres.

(b) Subject to (e) below, the applicant shall submit a fee in the amount of $150 with each application for issuance or renewal of a site permit for land application or stockpiling of QC sludge on sites with greater than 5 but less than or equal to 10 acres.

(c) Subject to (e) below, the applicant shall submit a fee in the amount of $100 with each application for issuance or renewal of a site permit for land application or stockpiling of QC sludge on sites with 5 or fewer acres.

(d) Fees, if applicable, shall be paid online by electronic check or credit card.

(e) Sites where only QC sludge from New Hampshire political subdivisions is land applied shall be exempt from the fees specified in (a) through (c) above.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.05 Criteria for Review {#sec-env-wq-806.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.05}

The department shall issue a site permit if it determines that:

(a) All applicable requirements of Env-Wq 800 have been met;

(b) If the applicant is other than the property owner, the owner has given written permission to the applicant to file the application and to enter upon the land for purposes of site investigation and operation of the site in the event the department issues the permit;

(c) The applicant has applied for all other state permits that are necessary for the operation of the site, and all permits shall be issued to the applicant prior to the first land application activity;

(d) Management of QC sludge at the site in accordance with the application will not violate any statutes or rules implemented by the department;

(e) The applicant has resolved any violation(s) or order(s) issued by the department relative to sludge management or any other statute administered by the department, including any orders to undertake corrective measures;

(f) The permit holder has paid all fees, administrative fines, and all civil or criminal penalties owed to the state as a result of a violation of a law administered by department;

(g) The applicant has submitted all test results and reports required for a site permit pursuant to Env-Wq 806.01; and

(h) The proposed use of QC sludge will not adversely affect human health and the environment, threatened or endangered species, classified groundwater protection areas, or any river or segment designated under RSA 483.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.06 Site Plans {#sec-env-wq-806.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.06}

Site plans required under Env-Wq 806.01(c)(2) shall be based upon a municipal tax map, a surveyed plan, aerial photograph map, or other scaled drawing that:

(a) Identifies the proposed site location and all elements required by (b), below, at a scale appropriate to delineate the information clearly; and

(b) Shows the following:

(1) The total land area, in acres, of the site to be used for land application and stockpiling, if applicable;

(2) The total land area and proposed area of land application for each field, in acres, identified by unique field designation(s) and corresponding crop(s) proposed to be grown;

(3) Access roads, access control measures, and buffer distances;

(4) Proposed stockpile location(s);

(5) Any easements that exist on the property;

(6) Proposed measures to control surface water runoff to or from the site and stockpile locations and comply with Env-Wq 806.09, if applicable;

(7) All instances of the following on the proposed site and within 500 feet of the site:

a. Roads;

b. Property lines;

c. Dwellings and structures;

d. Water supply wells;

e. All surface waters, by name and location and, if applicable, designated river classification and protected river corridor boundary under RSA 483, New Hampshire rivers management and protection program; and

f. The name, tax map and lot numbers of all abutters and all property owners;

(8) All soil test pit and auger boring locations and the information required by Env-Wq 806.10(c);

(9) If applicable, the location of the floodway and 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency;

(10) The graphic and numerical scale of the plan;

(11) An arrow indicating which direction on the plan is north;

(12) The approximate location of all poorly and very poorly drained soils on the site; and

(13) If reclamation is proposed, the items required in the groundwater monitoring plan specified in Env-Wq 808.02(b).

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.07 Management Plan {#sec-env-wq-806.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.07}

Each site management plan required under Env-Wq 806.01(c)(3) shall include the following:

(a) The normal hours of operation of the site;

(b) The method of sludge application, if land applying;

(c) Stockpiling management provisions, if applicable;

(d) The name of the generator(s) and the corresponding sludge quality certification number(s) for any QC sludge that will be received at the site;

(e) An estimate of the maximum amount of nitrogen, or phosphorus if phosphorus is the limiting nutrient, that will be applied on an annual basis to meet the nutrient requirements of the site;

(f) A description of all QC sludge mixing activities that are proposed for the site;

(g) A detailed odor control plan explaining:

(1) The procedures that will be used to address and resolve any odor complaints;

(2) The name, mailing address, email, and daytime telephone number of each individual who will be responsible for responding to odor complaints; and

(3) Site management techniques that will be employed, and any chemicals or materials that might be used to minimize odors;

(h) A nutrient management plan, for the final QC sludge or QC sludge mixture to be land applied for each field, specific for each crop or vegetation type, containing the following information:

(1) The crops or vegetation to be grown;

(2) A copy of the farm or site nutrient management recommendations for a minimum of nitrogen, phosphorus, and potassium, and a phosphorus site index evaluation, developed in accordance with guidelines of UNH cooperative extension, U.S. Department of Agriculture (USDA), New Hampshire department of agriculture, Natural Resources Conservation Service (NRCS), or certified crop advisor;

(3) The agronomic rate calculations for land application of QC sludge on agricultural lands based on the limiting nutrient in the sludge for nitrogen and phosphorus, performed in accordance with the “Manual of Best Management Practices for Land Application of Biosolids”, dated December 2017, published by the UNH cooperative extension, available as noted in Appendix B;

(4) The agronomic rate calculations for land application of QC sludge on forested land or for reclamation, performed in consultation with UNH cooperative extension, USDA, New Hampshire department of agriculture, NRCS, or certified crop advisor;

(5) The proposed disposition of crops grown and expected annual yield of each crop;

(6) The proposed type and amount of all other soil amendments and nutrient sources to be used on the site, including animal manure;

(7) For each field, the proposed annual nitrogen loading, or phosphorus if the limiting nutrient, in pounds per acre and, except for sites where only QC sludge that is also certified as low metals is applied, an estimate of the annual metals loading; and

(8) Except for sites where only biosolids that are also certified as low metals are applied, the total cumulative metals’ loading to date;

(i) A description and, if applicable, a copy of a written agreement of how all operators of the site were or shall be trained on the requirements of Env-Wq 800 prior to working at the site; and

(j) Any other best management practice(s) that will be implemented at the site to ensure compliance with Env-Wq 800.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.08 Land Application Standards {#sec-env-wq-806.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.08}

(a) QC sludge shall only be land applied on the fields and in the areas delineated on the approved site plan prepared pursuant to Env-Wq 806.06. The area of land application shall not exceed that indicated in the site permit.

(b) QC sludge shall be land applied at rates that conform to the approved nutrient management plan for the site permit pursuant to Env-Wq 806.07(h) and the annual updated plan required by Env-Wq 806.12(a)(5).

(c) No QC sludge shall be applied on frozen or snow-covered ground or when the ground is saturated due to precipitation or flooding.

(d) No QC sludge shall be applied on agricultural land that has a slope greater than 15 percent, that is, a 15 foot rise in 100 feet.

(e) QC sludge spread on agricultural land that has a slope greater than 8 percent shall contain a minimum of 15 percent solids or be subsurface injected.

(f) QC sludge shall be spread uniformly over each field, at the rate specified in the approved nutrient management plan or the annual updated nutrient management plan, as applicable.

(g) QC sludge that is to be land applied shall be processed to minimize visible or identifiable plastics or other non-biodegradable solids.

(h) No QC sludge shall be applied on very poorly drained soils.

(i) No QC sludge shall be applied or stockpiled within a floodway. If the floodway has not been mapped by the Federal Emergency Management Agency (FEMA), the permit holder shall apply the definition of regulatory floodway in 44 C.F.R. 59.1 to estimate the floodway boundary.

(j) Animals shall not be grazed on land on which QC sludge has been land applied until 45 days after the last application of QC sludge unless methods to reduce adherence to the crop or vegetation are used in conformance with the approved management plan.

(k) Unless immediate incorporation is required by RSA 483, New Hampshire rivers management and protection program, QC sludge shall be incorporated into the soil within 48 hours of spreading unless it is used for top dressing.

(l) Each reclamation and forest site shall be posted, for the life of the permit, with signs that:

(1) Contain the emergency name and telephone number of the operator and the name and address of the owner or lessee of the property;

(2) State “NO TRESPASSING sludge land application site”;

(3) Are printed in block letters no less than 2 inches in height; and

(4) Are posted not more than 100 yards apart on all sides and at all gates, bars, and commonly-used entrances.

(m) Except for sites where only biosolids that are certified as low metals are applied, all biosolids to be land applied shall not exceed any of the following lifetime cumulative pollutant loading rates:

(1) For arsenic, 10 kilograms per hectare or 9 pounds per acre;

(2) For cadmium, 5 kilograms per hectare or 4.5 pounds per acre;

(3) For chromium, 300 kilograms per hectare or 268 pounds per acre;

(4) For copper, 300 kilograms per hectare or 268 pounds per acre;

(5) For lead, 200 kilograms per hectare or 178.6 pounds per acre;

(6) For mercury, 5.6 kilograms per hectare or 5.0 pounds per acre;

(7) For molybdenum, 18 kilograms per hectare or 16 pounds per acre;

(8) For nickel, 100 kilograms per hectare or 89.3 pounds per acre;

(9) For selenium, 100 kilograms per hectare or 89 pounds per acre; and

(10) For zinc, 500 kilograms per hectare or 446.5 pounds per acre.

(n) For QC sludge not generated in New Hampshire, the rate of application shall conform to the application rate allowed by the state of origin or Env-Wq 800, whichever results in the lower loading rate.

(o) For QC sludge not generated in New Hampshire, groundwater monitoring in accordance with Env-Wq 808 shall be required for sludge management activities that would require groundwater monitoring in the state of origin.

(p) Subject to the notes in (q) below, no person shall land apply or stockpile QC sludge within the buffer areas specified in Table 806-1:

Table 806-1: Buffer Distances for Land Application

Receptor

Buffer Distance (feet)

For Land Application:

Rivers protected under RSA 483

250

Surface Waters not protected under RSA 483

125^a

Non-tidal Drainage Ditch

50

Community Wells ^b

400

Other Wells

300

Surface Drinking Water Source

500

Property Lines

100^c

Public Roads other than Federal Interstate Highways

25

Federal Interstate Highways

10

On-site Occupied Dwelling

100

Off-site Occupied Dwelling:

If used for top dressing

500^d

If incorporated within 48 hours

200^d

Bedrock

2

Groundwater Depth:

Land Application

2^e

Reclamation

4^e

For Stockpiling or Field Storage:

Surface Drinking Water Source

500

Nearest Occupied Dwelling

500^f

Nearest Off-site Well

500^g

Property Line

100^c

Bedrock

4

Groundwater Depth

2ⁱ

Rivers protected under RSA 483

250

Surface waters not protected under RSA 483

250^h

Non-tidal Drainage Ditch

100

(q) The following shall apply to Table 806-1:

(1) The letter “a” shall indicate that the distance to surface waters not protected under RSA 483 may be reduced from 125 feet to 75 feet if the material is incorporated within 48 hours and the slope is less than 8 percent;

(2) The letter “b” shall indicate those community public water supply wells that withdraw greater than 57,600 gallons over a 24-hour period;

(3) The letter “c” shall indicate that the distance to property lines may be reduced through written agreement with affected party(ies);

(4) The letter “d” shall indicate that the distance to an off-site occupied dwelling may be reduced to 100 feet through written agreement with affected parties;

(5) The letter “e” shall indicate that this shall be the depth to estimated seasonal high water table;

(6) The letter “f” shall indicate that the distance to the nearest occupied dwelling shall be as far as practical beyond 500 feet, but may be reduced below 500 feet with the occupant’s prior written consent;

(7) The letter “g” shall indicate that the distance to the nearest well shall be as far as practical, but in no case closer than 500 feet;

(8) The letter “h” shall indicate that the distance to surface waters not protected under RSA 483 may be reduced to 125 feet if the slope of the land to the surface water is less than 5% and a vegetated buffer strip of at least 25 feet is maintained between the stockpile and the surface water; and

(9) The letter “i” shall indicate that the depth is to the estimated seasonal high water table.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.09 Sludge Stockpiling at Permitted Sites {#sec-env-wq-806.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.09}

(a) Any person stockpiling biosolids or QC sludge containing biosolids for longer than 7 days shall cover the stockpile with an odor control material, such as lime, wood ash that has been approved for such use pursuant to Env-Sw 1700, or cement kiln dust, to minimize odors.

(b) Stockpiles of QC sludge shall be maintained to minimize surface water run-on and run-off.

(c) Stockpiling of QC sludge shall not be permitted for greater than 48 hours within the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(d) Stockpiling of QC sludge shall not be permitted on any poorly or very poorly drained soils.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.10 Soil Testing Requirements and Review Criteria {#sec-env-wq-806.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.10}

(a) One soil test pit or auger boring shall be taken, to a depth of at least 40 inches, for each soil mapping unit present on the NRCS county soils map, but no less than one every 5 acres.

(b) One soil test pit or auger boring shall be taken, to a depth of at least 4 feet, for each area proposed for stockpiling.

(c) An analysis of the soil test pits or auger borings required by (a) and (b) above shall be performed that includes a description of the soil profile characteristics, depth to seasonal high water table, depth to restrictive feature, and depth to bedrock.

(d) Soil samples from each field proposed to be used for the land application of QC sludge shall be collected and analyzed in accordance with (f) below within 9 months prior to submittal of the initial permit application.

(e) Soil samples from each field upon which QC sludge has been applied shall be collected at the end of the permit term or prior to the first land application of sludge under a permit renewed in accordance with Env-Wq 804.09(c).

(f) The soil samples collected pursuant to (d) or (e) above shall be analyzed by a laboratory for the following constituents, reported in milligrams per kilogram (mg/kg), using the applicable “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW‐846, Third Edition”, published by the Environmental Protection Agency, Final Updates VII, published July 2021, available as noted in Appendix B:

(1) Total arsenic;

(2) Total cadmium;

(3) Total chromium;

(4) Total copper;

(5) Total lead;

(6) Total mercury;

(7) Total molybdenum;

(8) Total nickel;

(9) Total selenium; and

(10) Total zinc.

(g) Soil samples from each field used for land application shall be collected for the following:

(1) Soil acidity, measured as pH;

(2) Mehlich buffer lime requirement;

(3) Calcium;

(4) Magnesium;

(5) Potassium;

(6) Phosphorus; and

(7) Organic matter.

(h) Soil samples from each field used for land application shall be collected on a yearly basis after the prior crop has been harvested but no more than 9 months prior to the anticipated initial application for that year, so as to be representative of the soils on which the land application will occur.

(i) Samples collected pursuant to (h) above shall be analyzed through the UNH cooperative extension soil testing program, or by a laboratory using an equivalent method that produces similar results to those produced by the UNH cooperative extension soil testing program.

(j) Land application of sludge shall not be allowed if the soil metals tested under (e) above exceed the following concentrations, expressed as the total concentration on a dry weight basis:

(1) For arsenic, 32 mg/kg;

(2) For cadmium, 32 mg/kg;

(3) For chromium, 1000 mg/kg;

(4) For copper, 1500 mg/kg;

(5) For lead, 400 mg/kg;

(6) For mercury, 10 mg/kg;

(7) For molybdenum, 11 mg/kg;

(8) For nickel, 580 mg/kg;

(9) For selenium, 260 mg/kg; and

(10) For zinc, 1000 mg/kg.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.11 Recordkeeping {#sec-env-wq-806.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.11}

(a) Every site permit holder shall maintain records of each load of QC sludge received at the site, including identification of:

(1) The date received;

(2) The name and hauler permit number, if applicable, of the hauler delivering the load;

(3) The generator and quantity of each load of QC sludge received, in wet tons, and percent solids;

(4) The sludge quality certification number(s); and

(5) The date land applied and the amount spread on each field.

(b) Except for sites where only QC sludge that is also certified as low metals is applied, every site permit holder shall maintain records of the annual and cumulative metal loadings for the site on a field–by-field basis, based on the following:

(1) To determine annual metals loadings, the permit holder shall use the highest concentration of each metal observed on a dry weight basis, based on testing performed by the generator(s) during the previous 12 months; and

(2) The permit holder shall determine cumulative load by summing annual loadings as calculated above.

(c) The permit holder shall retain and make available to the department for review during business hours all site plans, management plans, and records. If the department believes that violations of RSA 485-A or this chapter relative to sludge management have occurred, the department shall require the permit holder to submit copies of all records.

(d) The permit holder shall retain all site plans, management plans, and records for a minimum of 5 years after the expiration of the permit(s) to which they relate.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.12 Reporting {#sec-env-wq-806.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.12}

(a) At least 14 days prior to commencement of each yearly land application activity, the permit holder shall submit the following information to the department for each site:

(1) The site name, permit number, and address;

(2) The name of the permit holder;

(3) The sludge quality certification number of each QC sludge to be land applied;

(4) A copy of the published notice required by Env-Wq 803.04; and

(5) An updated nutrient management plan prepared in accordance with Env-Wq 806.07(h).

(b) Each site permit holder shall submit an annual report for each site to the department by the last business day of January for each calendar year in which the permit is valid, regardless of whether or not the site received or processed QC sludge during the previous calendar year.

(c) The annual report shall contain the following information:

(1) The site name and address;

(2) The permit number;

(3) The owner’s name and contact information;

(4) The crops grown for each field and the crop disposition;

(5) The name and sludge quality certification number, if applicable, of each generator;

(6) The quantity of QC sludge in wet and dry tons, applied to each field, from each generator;

(7) The total quantity of QC sludge, in wet and dry tons, applied to the entire site, from each generator;

(8) Except for sites where only QC sludge that is also certified as low metals is applied, the annual metals loading and cumulative metals loading to date for each field, calculated in accordance with Env-Wq 806.11(b);

(9) For short paper fiber (SPF) application sites:

a. The application rate in dry tons per acre; and

b. If the application rate exceeds 35 dry tons per acre, results of an analysis of the organic content of the SPF applied and application rate calculations to show that the organic content has not increased by more than 2%; and

(10) For reclamation sites, the groundwater monitoring report as required by Env-Wq 808.04(c).

(d) If any of the information differs from that previously supplied to the department concerning the activity, the permit holder shall note those differences in the annual report.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 806.13 Site Permit Closeout {#sec-env-wq-806.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 806.13}

(a) If a permit holder no longer intends to land apply or stockpile sludge on a permitted site, the permit holder shall provide written notice via email or U.S. Postal Service first class mail to the department and the municipality in which the site is located.

(b) The notice shall include the following:

(1) The site identification, including street address, municipality, and permit number;

(2) Contact information for the permit holder, operator, and property owner, as applicable, including name, mailing address, email address, and phone number;

(3) A statement indicating permit holder’s intent to surrender or not renew the existing site permit, and the date that all stockpiling and land application will cease at the site; and

(4) Results of soil sampling required by Env-Wq 806.10(f) and (g) to be taken after all stockpiling and land application has ceased and that year’s crop has been harvested.

(c) Upon receipt of all information required by Env-Wq 806.13(b), above, the department shall:

(1) If the results of soil sampling indicate compliance with this chapter, terminate the existing site permit and provide written notice of such to the permit holder, property owner, and municipality in which the site is located; or

(2) If the results of soil sampling indicate non-compliance with this chapter, provide written notice of such to the permit holder and implement a corrective action plan as applicable based on the non-compliance issue(s).

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 807 Facility Permit Requirements

N.H. Code Admin. R. Ann. Env-Wq 807.01 Facility Permit Application {#sec-env-wq-807.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.01}

(a) The person proposing to undertake sludge management activities at a facility shall apply for a facility permit.

(b) The applicant shall complete and submit an “Application for Sludge Facility Permit”, NHDES-W-09-042, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(c) The applicant shall submit the following with the application:

(1) If the applicant is not the sole generator of sludge at the facility, the applicant shall complete form NHDES-W-09-038, "Sludge Generator Authorization", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each generator of sludge to be delivered to the site, and upload a copy of the completed form with the application. Each signatory shall acknowledge that the generator is ultimately responsible for ensuring that the final deposition of the material is performed in accordance with this chapter and 40 CFR part 503;

(2) Provide facility plans and specifications for construction in accordance with Env-Wq 807.06. If applicable, these plans shall be stamped by a professional engineer registered in the state of New Hampshire;

(3) A copy of the management plan developed in accordance with Env-Wq 807.07;

(4) A copy of the groundwater monitoring plan developed in accordance with Env-Wq 808.02;

(5) The results of soils testing required by Env-Wq 807.10;

(6) If the facility is, or includes, a sludge monofill, verification of financial assurance in accordance with Env-Sw 1400;

(7) A copy of the facility closure plan developed in accordance with Env-Wq 807.09(a). If applicable, the closure plan shall be stamped by a professional engineer registered in the state of New Hampshire;

(8) If the facility is located within a designated river corridor, written or electronic verification from the department’s rivers coordinator regarding the proposed facility being located within a designated river corridor under RSA 483, and any recommendations the coordinator has concerning the proposed facility;

(9) If the facility is located within a classified GAA or GA-1 groundwater protection area, written or electronic verification from the department’s drinking water & groundwater bureau regarding the proposed activity being located within a classified GAA or GA-1 groundwater protection area and any recommendations they have concerning the proposed facility;

(10) If endangered or threatened species or habitats are located in the area of the facility, written or electronic verification from the department’s land resources management ecological review section regarding identified endangered or threatened species or habitats and any recommendations they have related to the proposed facility; and

(11) If the applicant is not the property owner, a certification signed by the property owner stating that the property owner is aware and granted permission for a facility permit application to be filed, and for the applicant to enter upon the land for the purposes of site investigation and operation of any permitted activities;

(d) The applicant shall make a copy of the complete application and all supporting information available as required by Env-Wq 803.

(e) The application shall be accompanied by any fees specified in Env-Wq 807.04.

(f) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 807.05.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.02 Expiration of a Facility Permit {#sec-env-wq-807.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.02}

A facility permit issued by the department shall expire 5 years from the date on which the permit became effective. This expiration date shall not be affected by any modifications, transfers, or waivers subsequently issued by the department for the permit.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.03 Modification and Renewal of a Facility Permit {#sec-env-wq-807.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.03}

(a) Any person to whom a facility permit has been issued who wishes to modify or renew the permit shall apply for a permit modification or renewal under Env-Wq 804.09, submit a completed application pursuant to (c) below and pay any permit fees required by Env-Wq 807.04.

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

(c) The permit holder shall provide the following information to the department:

(1) The applicant shall complete and submit an “Application for Modification, Renewal, or Transfer of Existing Sludge Permit”, NHDES-W-09-044, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a);

(2) The applicant shall submit the following with the application:

a. If the facility is located within a designated river corridor, written or electronic verification from the department’s rivers coordinator regarding the proposed facility being located within a designated river corridor under RSA 483, and any recommendations the coordinator has concerning the proposed facility;

b. If the facility is located within a classified GAA or GA-1 groundwater protection area, written or electronic verification from the department’s drinking water & groundwater bureau regarding the proposed activity being located within a classified GAA or GA-1 groundwater protection area and any recommendations they have concerning the proposed facility;

c. If endangered or threatened species or habitats are located in the area of the facility, written or electronic verification from the department’s land resources management ecological review section regarding identified endangered or threatened species or habitats and any recommendations they have related to the proposed facility;

d. If the applicant is not the sole generator of sludge at the facility, the applicant shall complete form NHDES-W-09-038, "Sludge Generator Authorization", 5-15-2026, including obtaining contact information and signatures from an authorized signatory of each generator of sludge to be delivered to the site, and upload a copy of the completed form with the application. Each signatory shall acknowledge that the generator is ultimately responsible for ensuring that the final deposition of the material is performed in accordance with this chapter and 40 CFR part 503;

e. If applicable based on the proposed modifications:

1. Revised drawings of the site or facility with the proposed changes highlighted. If applicable, include revised specifications with proposed changes highlighted, and ensure drawings and specifications are stamped by a professional engineer registered in the state of New Hampshire;

2. A revised management plan with the proposed changes highlighted;

3. If the application is for a sludge facility, provide a revised groundwater monitoring plan with the proposed changes highlighted;

4. A revised closure plan with the changes highlighted. If applicable, the closure plan shall be stamped by a New Hampshire professional engineer; and

5. A proposed schedule for implementing all proposed modifications;

f. A list of new abutters, which shall include abutters not previously notified as part of the initial application;

g. If the applicant is not the property owner:

1. A certification signed by the property owner stating that the property owner is aware and has granted permission for an application for permit modification to be filed for the property, understands the proposed modifications, and has granted permission for the applicant enter upon the land for the purposes of site investigation and operation of any permitted activities; or

2. A certification signed by the property owner stating that the property owner is aware and has granted permission for an application for permit renewal or transfer to be filed for the property, and for the applicant to enter upon the land for the purposes of site investigation and operation of any permitted activities;

h. If requested by the department, a copy of the original permit application and those for any associated waivers, including all appendices or attachments; and

i. If requested by the department, a copy of the existing permit and any associated waivers; and

(3) Payment for application fees, if applicable.

(d) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 807.05.

(e) If the proposed permit modification increases the total quantity of sludge being managed at the facility by more than 20% from the quantity specified in the current permit, or otherwise substantially modifies the management activity, the modification shall be processed in accordance with Env-Wq 803 and Env-Wq 804.04.

(f) A facility permit modification issued by the department shall expire on the same date as the permit for which the modification was submitted. A facility permit renewal issued by the department shall expire 5 years from the expiration date of the previous permit regardless of the effective date of the renewal which shall be the same month and day as the initial permit.

(g) If the renewal application is not submitted prior to the expiration date of the permit, the permit shall expire, and the permit holder shall immediately discontinue operations under the terms of the permit. Prior to resuming operation, an application for a new permit shall be submitted in accordance with Env-Wq 807.01 and a new permit issued by the department.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.04 Permit Fees {#sec-env-wq-807.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.04}

(a) Subject to (b) below, the applicant shall submit a fee in the amount of $1,000 with each application for issuance or renewal of a facility permit.

(b) Any New Hampshire political subdivision that applies for a facility permit or has its sludge managed at a permitted facility shall be exempt from the fee specified in (a) above.

(c) Fees, if applicable, shall be paid online by electronic check or credit card.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.05 Criteria for Review {#sec-env-wq-807.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.05}

The department shall issue or renew a facility permit if it determines that the following criteria have been met:

(a) All applicable requirements of this chapter have been met;

(b) All state permits which are necessary for the construction and operation of the facility have been applied for;

(c) The management of sludge at the facility, in accordance with the application, will not violate any statutes or rules implemented by the department;

(d) The permit holder has resolved any violation(s) or order(s) issued by the department relative to sludge management or any other statute administered by the department, including any orders to undertake corrective measures;

(e) The permit holder has paid all fees, administrative fines, and all civil or criminal penalties owed to the state as a result of a violation of a law administered by department; and

(f) The sludge management activities that will be conducted at the facility will not adversely affect human health and the environment, threatened or endangered species, classified groundwater protection area, or any river or segment designated under RSA 483.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.06 Facility Plans {#sec-env-wq-807.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.06}

A facility plan required under Env-Wq 807.01(c)(2) shall include the following at a scale appropriate to show all information contained on the plan clearly:

(a) A locus map that identifies the proposed facility location and details the proposed route of access to and onto the facility;

(b) The boundary lines and total available land area, in acres, and the specific acres to be used for facility operations, including proposed stockpile locations;

(c) Identification of access roads and access control measures, including perimeter fencing and buffer distances;

(d) Identification of the following within 1000 feet of the proposed facility:

(1) Roads;

(2) Land use;

(3) The approximate location of all dwellings, structures, and water supply wells;

(4) Property lines with tax map and lot numbers for each abutting property, as well as property owner names and mailing addresses for each abutter;

(5) If applicable, the location of the floodway and 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency; and

(6) The name and location of all surface waters, including their designated river classification and protected river corridor boundary under RSA 483, New Hampshire rivers management and protection program, if applicable;

(e) Identification of proposed measures to control surface runoff to or from the facility and stockpile locations and comply with Env-Wq 807.07 and Env-Wq 807.08, if applicable;

(f) All soil test pit and auger boring locations and the information required by Env-Wq 807.10(c);

(g) Identification of all easements or rights-of-way located on the property proposed for the facility;

(h) The graphical and numerical scale of the plan;

(i) An arrow indicating which direction on the plan is north;

(j) The location of all poorly and very poorly drained soils; and

(k) If applicable, the location of the elements of the groundwater monitoring plan required by Env-Wq 808.02(b).

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.07 Management Plans {#sec-env-wq-807.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.07}

A management plan required under Env-Wq 807.01(c)(3) shall include the following:

(a) The normal hours of operation of the facility;

(b) Storage or stockpiling provisions, if applicable;

(c) The quantity of sludge, in wet and dry tons, expected to be received annually and how the quantity will be measured upon receipt;

(d) The maximum quantity of sludge, in wet and dry tons, the facility is designed to manage annually;

(e) Additional on-site measures to be taken to control vectors;

(f) A detailed odor control plan explaining:

(1) The procedures that will be used to address and resolve any odor complaints;

(2) Additional management techniques employed to minimize odors; and

(3) The name, mailing address, email, and telephone number of each individual who will be responsible for responding to odor complaints;

(g) A copy of the facility contingency plan describing course(s) of action to be followed in case of emergency or other special conditions, including but not limited to equipment breakdowns, fires or explosions, vector infestations, and other incidents having a reasonable probability of occurrence based on the facility location and operations that could threaten human health or safety or the environment;

(h) A description and, if applicable, a copy of a written agreement of how all operators of the facility were or shall be trained on the requirements of Env-Wq 800 prior to working at the facility;

(i) A plan to prevent pollution of underlying soils and groundwater from stockpiles;

(j) A plan to prevent pollution from stormwater runoff from the facility to include at a minimum:

(1) Site description;

(2) Summary of potential pollutant sources;

(3) Description of stormwater control measures, if any;

(4) Description of stormwater best management practices; and

(5) Procedures, schedules, and documentation for control measures and best management practices; and

(k) Any other best management practice(s) that will be implemented at the facility to ensure compliance with Env-Wq 800.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.08 Facility Standards {#sec-env-wq-807.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.08}

(a) As applicable, new facilities for the treatment or processing of sludge, such as sludge treatment facilities and sludge lagoons, shall be designed and constructed in accordance with TR-16, “Guides for the Design of Wastewater Treatment Works” by the New England Interstate Water Pollution Control Commission, dated 2026, available as noted in Appendix B.

(b) Sludge composting facilities and sludge monofills shall be designed, constructed, operated, and closed in accordance with the applicable requirements of Env-Sw 600 and Env-Sw 800, respectively.

(c) Each facility shall:

(1) Be operated in such a manner to minimize the impact on abutters and the surrounding community;

(2) Be posted with signs that:

a. Contain the name and telephone number of the operator and the name and address of the owner or lessee of the property;

b. State “NO TRESPASSING Sludge Management Area”;

c. Are printed with block letters no less than 2 inches in height; and

d. Are no more than 100 yards apart on all sides and located at gates, bars, and commonly used entrances;

(3) Restrict access by a locked gate or cable;

(4) Be operated such that odors from the facility are minimized;

(5) Be maintained in a clean and orderly fashion to minimize attraction of vectors; and

(6) Be closed in accordance with Env-Wq 807.09.

(d) In addition to the requirements in (c) above, each lagoon shall be:

(1) Fenced around the perimeter to control access;

(2) Maintained to provide a minimum of 2 feet of freeboard at all times; and

(3) Bermed on all sides no higher than 6 inches from the surface of the lagoon to divert surface drainage away from the lagoon.

(e) No person shall site or operate a facility within the buffer distances specified in Table 807-1:

Table 807-1: Buffer Distances for Processing, Stockpiling, or Storage Facilities

Receptor

Buffer Distance (feet)

Nearest Well

1,000^a

Surface Water

250

Surface Drinking Water Source

1,000^a

Nearest Occupied Dwelling

500^b

Property Line

500^b

Groundwater Depth

4^c

Bedrock

4

(f) The following shall apply to Table 807-1:

(1) The letter “a” shall indicate that the distance to the nearest well or surface drinking water source shall be as far as practical, but in no case closer than 1,000 feet;

(2) The letter “b” shall indicate that the distance to the nearest occupied dwelling or property line shall be as far as practical beyond 500 feet, but may be reduced below 500 feet with the occupant’s prior written consent; and

(3) The letter “c” shall indicate that the distance is to the seasonal high water table.

(g) A sludge facility shall not be located within the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(h) Stockpiles of sludge shall:

(1) Not be permitted in the floodway and for greater than 48 hours on the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency;

(2) Not be permitted on any poorly or very poorly drained soils; and

(3) Be maintained to minimize water run-on and run-off.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.09 Closure Plans {#sec-env-wq-807.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.09}

(a) The closure plan required by Env-Wq 807.01(c)(7) shall include the following:

(1) The facility identification, including name, street address, municipality, and permit number, if applicable;

(2) A description of the procedures for removing all material from the facility, if applicable, and the intended final disposition of the materials;

(3) A description of any proposed site work that will be performed to regrade or revegetate the area, or both;

(4) The schedule of closure activities and anticipated closure completion date; and

(5) A description of how notification will be given to all users of the facility of the termination of operation of the facility.

(b) At least 90 days prior to the planned cessation of facility operations, the permit holder shall:

(1) Provide written notice via email or U.S. Postal Service first class mail of the intent to close the facility to the department and the municipality in which the facility is located, including the following information:

a. The facility identification, including facility name, street address, municipality, and permit number;

b. The date the facility intends to stop receiving sludge and the date the facility intends to stop processing the material(s); and

c. The date the facility intends to begin closure activities and estimated closure competition date; and

(2) Submit to the department an updated or new closure plan, as applicable, to include the following:

a. The facility identification, including name, street address, municipality, and permit number, if applicable;

b. The name, mailing address, email, and telephone number of the permit holder, and if different than the permit holder, the property owner and the operator;

c. The analysis from a chemical quality site characterization of the facility including analysis of sludge, soils, and water that are a part of the closure or have been deemed impacted by facility operations;

d. If applicable, a description of the proposed procedures for removing all material from the facility, including any dewatering of solids, a drawing detailing the proposed work area(s), and identification of the intended final disposition of the materials;

e. A description of any proposed site work that will be performed to regrade the site such that precipitation and runoff are no longer impounded on the site, revegetate the area, or both, including methods to ensure any fill imported to the site meets the definition of clean fill pursuant to Env-Wq 802;

f. The schedule of closure activities and anticipated closure completion date;

g. A description of all post-closure monitoring and maintenance needed to ensure compliance with applicable requirements, including groundwater quality standards, and who will be responsible for performing the monitoring and maintenance;

h. A copy of the notification that will be given to all users of the facility of the termination of operation of the facility;

i. Text, maps, or drawings of the site use restrictions that will be imposed on the property deed as a condition of closure;

j. If applicable, a sampling analysis plan for characterization of lagoon base soil to be

conducted prior to the placing of any fill; and

k. A description of any environmental or health impacts on surrounding water bodies, wetlands, abutting properties, endangered species, or soil on site from the operations of the facility or proposed closure.

(c) The permit holder shall notify the department and the municipality in which the facility is located in writing via email or U.S. Postal Service first class mail when closure is complete.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.10 Soil Testing Requirements and Review Criteria {#sec-env-wq-807.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.10}

(a) One soil test pit or auger boring shall be taken, at a depth of at least 40 inches, for each soil mapping unit present on the NRCS county soils map, but no less than one every 5 acres.

(b) One soil test pit or auger boring shall be taken, to a depth of at least 6 feet, for each area proposed for storage.

(c) An analysis of the soil test pits or auger borings required by (a) and (b) above shall be performed and shall include a description of the soil profile characteristics, depth to the seasonal high water table, and bedrock.

(d) Soil samples from any area used for the land application of sludge shall be collected and analyzed in accordance with (e) below within 6 months prior to submitting the initial permit application.

(e) The soil samples collected pursuant to (d) above shall be analyzed using the applicable, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW‐846, Third Edition”, published by the Environmental Protection Agency, Final Updates VII, published July 2021, available as noted in Appendix B for the following constituents:

(1) Total arsenic, measured as mg/kg;

(2) Total cadmium, measured as mg/kg;

(3) Total chromium, measured as mg/kg;

(4) Total copper, measured as mg/kg;

(5) Total lead, measured as mg/kg;

(6) Total mercury, measured as mg/kg;

(7) Total molybdenum, measured as mg/kg;

(8) Total nickel, measured as mg/kg;

(9) Total selenium, measured as mg/kg;

(10) Total zinc, measured as mg/kg; and

(11) Per- and polyfluoroalkyl substances (PFAS), 40 compound list under “Method 1633, Revision A Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS,” published by the Environmental Protection Agency, dated December 2024, available as noted in Appendix B, and within section H of Table 809-2, measured as ng/g.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.11 Recordkeeping {#sec-env-wq-807.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.11}

(a) The permit holder shall maintain records of each load of sludge received at the facility, including identification of:

(1) The date received;

(2) The name and permit number of the hauler delivering the load;

(3) The quantity of each load of sludge received from the generator, in wet tons and percent solids; and

(4) The name of the generator and sludge quality certification number, if applicable.

(b) The permit holder shall maintain records of the quantity of all material distributed, in wet and dry tons, including:

(1) For class B sludge, the hauler, and location and disposition of material distributed; and

(2) For class A sludge, the information required by Env-Wq 809.09(a)(7).

(c) The permit holder shall maintain records of the groundwater monitoring plan and associated data required by Env-Wq 808.04(c).

(d) The permit holder shall maintain all facility plans, management plans, closure plans, and records and make such plans and records available to the department for review during business hours. If the department believes that violations of RSA 485-A or Env-Wq 800 have occurred, the department shall require the permit holder to submit copies of all records.

(e) The permit holder shall retain all facility plans, management plans, closure plans, and records for a minimum of 5 years after closure of the facility.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 807.12 Reporting {#sec-env-wq-807.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 807.12}

(a) The permit holder shall verbally report all complaints to the department as soon as practical but not later than one business day from receipt of the complaint and provide a written submission preferably via email, or if none, via U.S. Postal Service first class mail within 48 hours of the complaint. Each verbal and written report shall contain a description of the complaint, including the exact date and time of the complaint, the name and contact information for the complainant and person who received the complaint, if different from the permit holder, and steps taken or planned to reduce or eliminate and prevent reoccurrence of the concern.

(b) The permit holder shall submit an annual report for each facility to the department by the last business day of January for each calendar year in which the permit is valid, regardless of whether or not the facility received or processed sludge during the previous calendar year.

(c) The annual facility report shall contain the following information:

(1) The name and address of the facility;

(2) The facility’s permit number;

(3) The name of the permit holder;

(4) The total quantity of sludge, in wet and dry tons, received at the facility from each generator and the sludge quality certification number, if applicable;

(5) The quantity of all material distributed by the facility, in wet and dry tons, broken down by the class of material; and

(6) The groundwater monitoring report required by Env-Wq 808.04(c).

(d) If any of the information differs from that previously supplied to the department concerning the activity, the permit holder shall note those differences in the annual report.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 808 Groundwater Protection Requirements

N.H. Code Admin. R. Ann. Env-Wq 808.01 Applicability {#sec-env-wq-808.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 808.01}

Groundwater shall be monitored at the following:

(a) Any facility permitted pursuant to Env-Wq 807;

(b) Reclamation sites; and

(c) Any other location where sludge management activities are conducted, such as uncovered stockpiles or compost piles containing leachable constituents, that might result in groundwater contamination if not properly managed.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 808.02 Groundwater Monitoring Plan Requirements {#sec-env-wq-808.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 808.02}

(a) The applicant shall submit a groundwater monitoring plan that identifies:

(1) The constituents to be monitored;

(2) The location and identification of all sampling points;

(3) The sampling frequency;

(4) The sampling methodologies;

(5) The analytical methodologies; and

(6) The procedures that will be used to establish background concentrations of all constituents required to be monitored. “Background concentrations” means concentrations detected in areas unaffected by the site or facility permitted or to be permitted.

(b) In addition to (a) above, the applicant shall include the following on the site or facility plan prepared in accordance with Env-Wq 806.06 or Env-Wq 807.06, respectively:

(1) The location, elevation, and datum of a bench mark, if a survey is conducted to establish topography;

(2) Ground surface spot elevations and contours to show topography, using information from the most recent USGS map or more accurate information, if available;

(3) The identification and location of existing and proposed groundwater monitoring wells, showing at least one hydraulically up-gradient and 2 hydraulically down-gradient wells;

(4) The identification and location of any surface water sampling points;

(5) Groundwater contours that accurately show groundwater flow direction;

(6) A description of the method used to develop groundwater contours, including the identification and location of any piezometers;

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

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

(9) Well construction details of any proposed monitoring wells; and

(10) Delineation of the groundwater discharge zone established pursuant to Env-Wq 402.23.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 808.03 Groundwater Monitoring Wells {#sec-env-wq-808.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 808.03}

(a) Unless the department approves alternative methods pursuant to Env-Wq 811 that are equivalent to (1) and (2) below, monitoring wells shall be designed, installed, and decommissioned in accordance with the practices described in Env-Wq 402.22.

(b) Monitoring wells shall be:

(1) Purged prior to sampling; and

(2) Allowed to equilibrate a minimum of 2 weeks prior to sampling for compliance purposes.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 808.05)

N.H. Code Admin. R. Ann. Env-Wq 808.04 Water Quality Sampling, Analysis, and Reporting {#sec-env-wq-808.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 808.04}

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

(b) Sampling shall be performed in accordance with Env-Wq 402.21(c).

(c) The results of all required sampling and analysis shall be submitted to the department no later than 45 days after the sampling date, and a tabulated summary included with the annual report required pursuant to Env-Wq 806.12(c) or Env-Wq 807.12(c), as applicable.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 808.05 Corrective Action Plan {#sec-env-wq-808.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 808.05}

(a) Except as provided in Env-Wq 402.25 for 1,4-dioxane, perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorononanoic acid, and perfluorohexane sulfonic acid, no discharge shall cause the groundwater quality criteria set forth in Env-Wq 402.04 to be violated at any point beyond the boundary of a groundwater discharge zone.

(b) If the concentration of any constituent required by the department to be monitored under the groundwater monitoring plan exceeds the background value, in accordance with (c) below at any down-gradient monitoring well, the permit holder shall:

(1) Notify the department within 10 days;

(2) Commence monthly monitoring for each constituent for which background has been exceeded at each well where background has been exceeded; and

(3) Continue monthly monitoring until the results demonstrate that background has not been exceeded for 6 consecutive months.

(c) Background shall be deemed to be exceeded when any of the following conditions exist:

(1) The concentration of a monitored constituent exceeds the background concentration, as established pursuant to Env-Wq 808.02(a)(6), by more than the analytical detection limit for that constituent;

(2) The concentration of a monitored constituent previously undetected using the procedures established pursuant to Env-Wq 808.02(a)(6) exceeds the analytical detection limit by a factor of 1.5; or

(3) For nitrate, the concentration exceeds 5 mg/L above the background nitrate concentration or 9 mg/L, whichever is less.

(d) If the concentration of a constituent detected by the additional monitoring exceeds the background concentration for 2 consecutive months but is below the ambient groundwater quality standard, the permit holder shall:

(1) Notify the department within 10 days;

(2) For a reclamation site, cease operation immediately;

(3) Continue monthly monitoring; and

(4) Within 30 days, submit to the department for review and approval a corrective action plan that describes the exceedances, the source(s) of the exceedances, and the proposed measures to be taken to eliminate the exceedances.

(e) The department shall approve the corrective action plan if it determines that implementation of the proposed plan is reasonably expected to:

(1) Achieve compliance with background and ambient groundwater quality standards;

(2) Mitigate any future discharges of the constituent(s) that was causing the exceedances of background values or ambient groundwater quality standards in the groundwater; and

(3) Protect human health and the environment.

(f) The permit holder shall initiate implementation of the approved corrective action plan within 30 days of department approval in accordance with an approved implementation schedule.

(g) If the concentration of any monitored constituent detected in any down-gradient monitoring well exceeds the ambient groundwater quality standard, the permit holder shall:

(1) Cease operation immediately;

(2) Notify the department’s residuals management section within 48 hours;

(3) Resample each monitoring well where ambient groundwater quality standards have been exceeded;

(4) Commence monthly monitoring of all monitoring wells; and

(5) Within 30 days, submit to the department for review and approval a corrective action plan that describes the exceedances, the source(s) of the exceedances, and the proposed measures to be taken to eliminate the exceedances for review as specified in (d) above.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36 (formerly Env-Wq 808.03)

Part Env-Wq 809 Sludge Quality Certification Requirements

N.H. Code Admin. R. Ann. Env-Wq 809.01 Sludge Quality Certification Application {#sec-env-wq-809.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 809.01}

(a) To apply for a sludge quality certification, the generator shall complete and submit an “Application for Sludge Quality Certification”, NHDES-W-09-045, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(b) The applicant shall submit the following with the application:

(1) A detailed description of the generating facility and sludge treatment process;

(2) A description of the process used to achieve class A or class B pathogen reduction requirements and vector attraction reduction requirements, including the applicable 40 CFR Part 503 citation;

(3) If any portion of the sludge is generated outside of NH:

a. A URL to the chemical standards for land application from the state of origin or a copy of these standards; and

b. A written certification signed by an authorized signatory for the applicant that the "sludge meets the chemical standards for land application in the state of origin (RSA 485-A:5-d)”; and

(4) A chronological summary of analytical data from the previous 3 years, if available, for each detected chemical, presented in tabular form and by category, and provide the results of testing required by Env-Wq 809.05, including laboratory reports, presented categorically as previously mentioned and summarized in tabular form.

(c) The application shall be accompanied by any fees specified in Env-Wq 809.02.

(d) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 809.03.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 809.02 Sludge Quality Certification Fees {#sec-env-wq-809.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 809.02}

(a) Subject to (c) below, the applicant for sludge quality certification shall submit a fee in the amount of $1,000 with the application.

(b) Fees, if applicable, shall be paid online by electronic check or credit card.

(c) Political subdivisions whose facilities are permitted by the department under RSA 485-A:13 shall be exempt from the fee specified in (a) above.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 809.03 Criteria for Review {#sec-env-wq-809.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 809.03}

The department shall issue a sludge quality certification to the generating facility if it determines that the information submitted demonstrates that the sludge:

(a) Is not a hazardous waste as defined in RSA 147-A:2, VII;

(b) If derived from human waste, consistently meets the pathogen and vector attraction requirements specified in the application;

(c) Does not exceed the following concentrations, expressed as the total concentration on a dry weight basis:

(1) For total arsenic, 32 mg/kg;

(2) For total cadmium, 14 mg/kg;

(3) For total chromium, 1,000 mg/kg;

(4) For total copper, 1,500 mg/kg;

(5) For total lead, 300 mg/kg;

(6) For total mercury, 10 mg/kg;

(7) For total molybdenum, 35 mg/kg;

(8) For total nickel, 200 mg/kg;

(9) For total selenium, 28 mg/kg;

(10) For total zinc, 2,500 mg/kg;

(11) For polychlorinated biphenyls (PCB), 1.0 mg/kg; and

(12) For dibenzodioxins and dibenzofurans, 27 ng/kg TEQ for all congeners determined by EPA method 1613 using the 1989 toxic equivalency factors;

(d) Is of sufficiently consistent quality such that for the constituents in (c) above, the mean concentration for data submitted under Env-Wq 809.01(a) plus one standard deviation from the mean does not exceed the concentration specified in (c) above;

(e) Is not a threat to public health, safety, or the environment from other chemical contaminants when assessed according to risk methodologies described in the United States Environmental Protection Agency’s (US EPA’s) Soil Screening Guidance, EPA/540/R-96/018 dated April 1996, the American Society for Testing and Materials E-1739-95, Guide for Risk-Based Corrective Action Applied to Petroleum Release Sites dated November, 1995, or equivalent approved pursuant to Env-Wq 811;

(f) If not generated in New Hampshire, meets the chemical standards of the state of origin for the equivalent category of sludge;

(g) If class B biosolids or mixtures of sludge containing class B biosolids that are to be certified for reclamation use, the material contains enteric virus concentrations of less than one plaque-forming unit per 4 grams of solid on a dry weight basis; and

(h) If the sludge is to be certified as low metals, does not exceed the following concentrations, expressed as the total concentration on a dry weight basis:

(1) For total arsenic, 10 mg/kg;

(2) For total cadmium, 10 mg/kg;

(3) For total chromium, 160 mg/kg;

(4) For total copper, 1,000 mg/kg;

(5) For total lead, 270 mg/kg;

(6) For total mercury, 7 mg/kg;

(7) For total molybdenum, 18 mg/kg;

(8) For total nickel, 98 mg/kg;

(9) For total selenium, 18 mg/kg; and

(10) For total zinc, 1,780 mg/kg.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 809.04 Expiration, Modification, and Renewal of Sludge Quality Certification (SQC) {#sec-env-wq-809.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 809.04}

(a) A SQC shall expire 5 years from the effective date of the initial certification.

(b) Any SQC holder who wishes to modify or renew the certification shall apply for a permit modification or renewal under Env-Wq 804.09(c), submit a completed application pursuant to (d) below, and pay any fees required in Env-Wq 809.02.

(c) If the renewal application is submitted at least 90 days prior to the expiration date of the existing SQC, the certificate holder may continue to operate under the terms of the existing SQC as provided in RSA 541-A:30, even if a decision on the renewal application has not been made prior to the expiration date.

(d) To apply for renewal or modification of an SQC, the generator shall prior to expiration of the current SQC:

(1) Complete and submit “Application for Modification, Renewal, or Transfer of Existing Sludge Quality Certification”, NHDES-W-09-053, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a);

(2) Submit the following with the application:

a. A tabular summary of analytical data for all required testing listed in Env-Wq 809.07 for the most recent certification term;

b. If any portion of the sludge is generated outside of NH:

i. A URL to the chemical standards for land application from the state of origin or a copy of these standards; and

ii. A written certification signed by an authorized signatory for the applicant that the "sludge meets the chemical standards for land application in the state of origin (RSA 485-A:5-d)”;

c. A description of the process used to achieve class A or class B pathogen reduction requirements and vector attraction reduction requirements, including the applicable 40 CFR Part 503 citation;

d. An updated description of the facility, process, treatment, or other sludge management activities; and

(3) Pay application fees, if applicable.

(e) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 809.03.

(f) An SQC modification issued by the department shall expire on the same date as the SQC for which the modification was submitted. An SQC renewal issued by the department shall expire 5 years from the expiration date of the previous SQC, regardless of the effective date of the renewal, which shall be the same month and day as the initial SQC.

(g) If the renewal application is not submitted prior to the expiration date of the SQC, the SQC shall expire, and the SQC holder shall immediately discontinue operations under the terms of the SQC. Prior to resuming operation, an application for a new SQC shall be submitted in accordance with Env-Wq 809.01 and a new certification issued by the department.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 809.05 Testing Required for Initial Certification {#sec-env-wq-809.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 809.05}

(a) Subject to (b) below, with an application for a sludge quality certification the applicant shall submit the results of the analyses of the number of representative samples of sludge from the generating facility determined pursuant to (b) or (c) below, as applicable, taken at least 30 days apart within the 12 months prior to the date of application and analyzed for the constituents in Env-Wq 809.06.

(b) The number of representative samples shall be based on the total annual sludge production, as follows:

(1) For total annual sludge production of less than 1,600 dry tons, 2 representative samples; and

(2) For total annual sludge production of 1,600 dry tons or more, 4 representative samples.

(c) For batch processes or specified quantities of sludge proposed for land application, the applicant may collect representative composite sample(s) from each batch or specified quantity on a one-time basis. The number of composite samples shall be based on an estimate of the quantity of sludge proposed for sludge quality certification as shown in table 809-1, below:

Table 809-1: Number of Required Samples for Batch Processes

Estimated Quantity of Sludge (dry tons)

Number of Samples Required

less than 320

one composite sample

320 to 1600

2 composite samples

more than 1600

4 composite samples

(d) All samples shall be collected in accordance with “The Wastewater Treatment Plant Operators Guide to Biosolids Sampling Plans” published by the New England Interstate Water Pollution Control Commission, dated September 2006, available as noted in Appendix B, or equivalent approved pursuant to Env-Wq 811.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 809.06 Testing: Constituents Required for All QC Sludge {#sec-env-wq-809.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 809.06}

(a) Subject to (b) and (c) below, sludge samples collected pursuant to Env-Wq 809.05 or Env-Wq 809.07 shall be analyzed for the constituents listed in Table 809-2, below, in accordance with the methods specified.

(b) Testing for enteric viruses and helminth ova as specified in Table 809-2, section G shall be required only for generators of class A biosolids when using 40 CFR 503.32 class A–alternative 3 or class A–alternative 4 methods for pathogen reduction.

(c) Testing for fecal coliforms as specified in Table 809-2, section G shall be required. Salmonella sp. testing may be substituted for fecal coliform testing only for class A biosolid generators.

(d) The constituents required to be analyzed shall be as follows:

Table 809-2: Compounds, Chemical Abstract Service Registration Number (CAS), Analytical Methods, and Detection Limits

Compound

CAS

Analytical Method

DetectionLimit (mg/kg)

Section A. Volatile Organic Compounds

1

Dichlorodifluoromethane

75-71-8

SW846

• 8000 series

2.0

2

Chloromethane

74-87-3

SW846

• 8000 series

2.0

3

Vinyl chloride

75-01-4

SW846

• 8000 series

2.0

4

Bromomethane

74-83-9

SW846

• 8000 series

2.0

5

Chloroethane

75-00-3

SW846

• 8000 series

2.0

6

Trichlorofluoromethane

75-69-4

SW846

• 8000 series

2.0

7

Diethyl ether

60-29-7

SW846

• 8000 series

2.0

8

Acetone

67-64-1

SW846

• 8000 series

10.0

9

1,1-Dichloroethene

75-35-4

SW846

• 8000 series

2.0

10

Methylene chloride

75-09-2

SW846

• 8000 series

0.1

11

Carbon disulfide

75-15-0

SW846

• 8000 series

2.0

12

Methyl-tert-butylether (MTBE)

1634-04-4

SW846

• 8000 series

2.0

13

trans-1,2-Dichloroethene

156-60-5

SW846

• 8000 series

2.0

14

1,1-Dichloroethane

75-34-3

SW846

• 8000 series

2.0

15

2-Butanone (MEK)

78-93-3

SW846

• 8000 series

10.0

16

2,2-Dichloropropane

590-20-7

SW846

• 8000 series

2.0

17

cis-1,2-Dichloroethene

156-59-2

SW846

• 8000 series

2.0

18

Chloroform

67-66-3

SW846

• 8000 series

2.0

19

Bromochloromethane

74-97-5

SW846

• 8000 series

2.0

20

Tetrahydrofuran (THF)

109-99-9

SW846

• 8000 series

10.0

21

1,1,1-Trichloroethane

71-55-6

SW846

• 8000 series

2.0

22

1,1-Dichloropropene

563-58-6

SW846

• 8000 series

2.0

23

Carbon tetrachloride

56-23-5

SW846

• 8000 series

2.0

24

1,2-Dichloroethane

107-06-2

SW846

• 8000 series

2.0

25

Benzene

71-43-2

SW846

• 8000 series

2.0

26

Trichloroethene

79-01-6

SW846

• 8000 series

2.0

27

1,2 Dichloropropane

78-87-5

SW846

• 8000 series

2.0

28

Dichlorobromomethane

75-27-4

SW846

• 8000 series

2.0

29

Dibromomethane

74-95-3

SW846

• 8000 series

2.0

30

4-Methyl-2-pentanone (MIBK)

108-10-1

SW846

• 8000 series

10.0

31

Cis-1,3-Dichloropropene

10061-01-5

SW846

• 8000 series

2.0

32

Toluene

108-88-3

SW846

• 8000 series

2.0

33

trans-1,3-Dichloropropene

10061-02-6

SW846

• 8000 series

2.0

34

1,1,2-Trichloroethane

79-00-5

SW846

• 8000 series

2.0

35

2-Hexanone

591-78-6

SW846

• 8000 series

10.0

36

1,3-Dichloropropane

142-28-9

SW846

• 8000 series

10.0

37

Tetrachloroethene

127-18-4

SW846

• 8000 series

2.0

38

Dibromochloromethane

128-48-1

SW846

• 8000 series

2.0

39

1,2-Dibromoethane

106-93-4

SW846

• 8000 series

2.0

40

Chlorobenzene

108-90-7

SW846

• 8000 series

2.0

41

1,1,1,2-Tetrachloroethane

630-20-6

SW846

• 8000 series

2.0

42

Ethylbenzene

100-41-4

SW846

• 8000 series

2.0

43

m&p-Xylene

108-38-3

106-42-3

SW846

• 8000 series

2.0

44

o-Xylene

95-47-6

SW846

• 8000 series

2.0

45

Styrene

100-42-5

SW846

• 8000 series

2.0

46

Bromoform

75-25-2

SW846

• 8000 series

0.1

47

Isopropylbenzene

98-82-8

SW846

• 8000 series

2.0

48

1,1,2,2-Tetrachloroethane

79-34-5

SW846

• 8000 series

2.0

49

1,2,3-Trichloropropane

96-18-4

SW846

• 8000 series

2.0

50

n-Propylbenzene

98-06-6

SW846

• 8000 series

2.0

51

Bromobenzene

108-86-1

SW846

• 8000 series

2.0

52

1,3,5-Trimethylbenzene

108-67-8

SW846

• 8000 series

2.0

53

2-Chlorotoluene

95-49-8

SW846

• 8000 series

2.0

54

4-Chlorotoluene

106-43-4

SW846

• 8000 series

2.0

55

tert-Butylbenzene

104-51-8

SW846

• 8000 series

2.0

56

1,2,4-Trimethylbenzene

95-63-6

SW846

• 8000 series

2.0

57

sec-Butylbenzene

135-98-8

SW846

• 8000 series

2.0

58

p-Isopropyltoluene

99-87-6

SW846

• 8000 series

2.0

59

1,3-Dichlorobenzene

541-73-1

SW846

• 8000 series

2.0

60

1,4-Dichlorobenzene

106-46-7

SW846

• 8000 series

2.0

61

n-Butylbenzene

104-51-8

SW846

• 8000 series

2.0

62

1,2-Dichlorobenzene

95-50-1

SW846

• 8000 series

2.0

63

1,2-Dibromo-3-chloropropane

96-12-8

SW846

• 8000 series

2.0

64

1,2,4-Trichlorobenzene

120-82-1

SW846

• 8000 series

2.0

65

Hexachlorobutadiene

87-68-3

SW846

• 8000 series

2.0

66

Naphthalene

91-20-3

SW846

• 8000 series

2.0

67

1,2,3-Trichlorobenzene

87-61-6

SW846

• 8000 series

2.0

Section B. Semi-volatile Compounds

68

1,2-Diphenylhydrazine (as

Azobenzene)

122-66-7

SW846

• 8000 series

2.5

69

2,4,5-Trichlorophenol

95-95-4

SW846

• 8000 series

2.5

70

2,4,6-Trichlorophenol

88-06-2

SW846

• 8000 series

2.5

71

2,4-Dichlorophenol

120-83-2

SW846

• 8000 series

2.5

72

2,4-Dimethylphenol

105-67-9

SW846

• 8000 series

2.5

73

2,4-Dinitrophenol

51-28-5

SW846

• 8000 series

25.0

74

2,4-Dinitrotoluene

121-14-2

SW846

• 8000 series

2.5

75

2,6-Dinitrotoluene

606-20-2

SW846

• 8000 series

2.5

76

2-Chloronaphthalene

91-59-7

SW846

• 8000 series

2.5

77

2-Chlorophenol

95-97-8

SW846

• 8000 series

2.5

78

2-Methylnaphthalene

91-57-6

SW846

• 8000 series

2.5

79

2-Methylphenol (o-Cresol)

95-48-7

SW846

• 8000 series

5.0

80

2-Nitroaniline

88-74-4

SW846

• 8000 series

5.0

81

2-Nitrophenol

88-75-5

SW846

• 8000 series

5.0

82

’,3'-Dichlorobenzidine

91-94-1

SW846

• 8000 series

10.0

83

3-Nitroaniline

99-09-2

SW846

• 8000 series

5.0

84

3&4-Methylphenol (m&p-Cresol)

106-44-5

SW846

• 8000 series

5.0

85

4,6-Dinitro-2-methylphenol

534-52-1

SW846

• 8000 series

20.0

86

4-Bromophenyl phenylether

85-68-7

SW846

• 8000 series

10

87

4-Chloro-3-methylphenol

59-50-7

SW846

• 8000 series

10

88

4-Chloroaniline

106-47-8

SW846

• 8000 series

2.5

89

4-Chlorophenyl phenylether

7005-72-3

SW846

• 8000 series

10

90

4-Nitroaniline

100-01-6

SW846

• 8000 series

5.0

91

4-Nitrophenol

100-02-7

SW846

• 8000 series

12

92

Acenaphthene

83-32-9

SW846

• 8000 series

5.0

93

Acenaphthylene

208-96-8

SW846

• 8000 series

5.0

94

Anthracene

120-12-7

SW846

• 8000 series

5.0

95

Benzidine

92-87-5

SW846

• 8000 series

2.5

96

Benzo (a) anthracene

56-55-3

SW846

• 8000 series

2.5

97

Benzo (a) pyrene

50-32-8

SW846

• 8000 series

2.5

98

Benzo (b) fluoranthene

205-99-2

SW846

• 8000 series

2.5

99

Benzo (g,h,i) perylene

191-24-2

SW846

• 8000 series

2.5

100

Benzo (k) fluoranthene

207-08-9

SW846

• 8000 series

2.5

101

Bis (2-chloroethoxy) methane

111-91-1

SW846

• 8000 series

5.0

102

Bis (2-chloroethyl) ether

111-44-4

SW846

• 8000 series

2.5

103

Bis (2-chloroisopropyl) ether

108-60-1

SW846

• 8000 series

2.5

104

Bis (2-ethylhexyl) phthalate

117-81-7

SW846

• 8000 series

2.5

105

Butyl Benzyl phthalate

85-68-7

SW846

• 8000 series

5.0

106

Carbazole

86-74-8

SW846

• 8000 series

2.5

107

Chrysene

218-01-9

SW846

• 8000 series

2.5

108

Di-n-butyl phthalate

84-74-2

SW846

• 8000 series

5.0

109

Di-n-octyl phthalate

117-84-0

SW846

• 8000 series

5.0

110

Dibenzo (a,h) anthracene

53-70-3

SW846

• 8000 series

2.5

111

Dibenzofuran

132-64-9

SW846

• 8000 series

2.5

112

Diethyl phthalate

84-66-2

SW846

• 8000 series

5.0

113

Dimethyl phthalate

131-11-3

SW846

• 8000 series

5.0

114

Fluoranthene

206-44-0

SW846

• 8000 series

5.0

115

Fluorene

86-73-7

SW846

• 8000 series

2.5

116

Hexachlorobenzene

118-74-1

SW846

• 8000 series

2.5

117

Hexachlorocyclopentadiene

77-47-4

SW846

• 8000 series

5.0

118

Hexachloroethane

67-72-1

SW846

• 8000 series

5.0

119

Indeno (1,2,3-cd) pyrene

193-39-5

SW846

• 8000 series

2.5

120

Isophorone

78-59-1

SW846

• 8000 series

2.5

121

N-Nitroso-di-n-propylamine

621-64-7

SW846

• 8000 series

2.5

122

N-Nitrosodimethylamine

62-75-9

SW846

• 8000 series

5.0

123

N-Nitrosodiphenylamine

86-30-6

SW846

• 8000 series

5.0

124

Nitrobenzene

98-95-3

SW846

• 8000 series

2.5

125

Pentachlorophenol

87-86-5

SW846

• 8000 series

5.0

126

Phenanthrene

85-01-8

SW846

• 8000 series

2.5

127

Phenol

108-95-2

SW846

• 8000 series

5.0

128

Pyrene

129-00-0

SW846

• 8000 series

5.0

Section C. Metals

129

Total Arsenic

7440-38-2

SW846 6000/7000

series

10

130

Total Cadmium

7440-43-9

SW846 6000/7000

series

1.0

131

Total Chromium

7440-47-3

SW846 6000/7000

series

10

132

Total Copper

7440-50-8

SW846 6000/7000

series

10

133

Total Lead

7439-92-1

SW846 6000/7000

series

11

134

Total Mercury

7439-97-6

SW846 7000 series

0.05

135

Total Molybdenum

7439-98-7

SW846 6000/7000

series

10

136

Total Nickel

7440-02-0

SW846 6000/7000

series

10

137

Total Selenium

7782-49-2

SW846 6000/7000

series

18

138

Total Zinc

7440-66-6

SW846 6000/7000

series

10

139

Total Antimony

7440-36-0

SW846 6000/7000

series

8.0

140

Total Beryllium

7440-41-7

SW846 6000/7000

series

0.1

141

Total Silver

7440-22-4

SW846 6000/7000

series

4.0

142

Total Thallium

7440-28-0

SW846 6000/7000

series

10

Section D. Polychlorinated Biphenyls

143

PCB-1242

53469-21-9

SW846

• 8000 series

0.7

144

PCB-1254

11097-69-1

SW846

• 8000 series

0.7

145

PCB-1221

11104-28-2

SW846

• 8000 series

0.7

146

PCB-1232

11141-16-5

SW846

• 8000 series

0.7

147

PCB-1248

12672-29-6

SW846

• 8000 series

0.7

148

PCB-1260

11096-82-5

SW846

• 8000 series

0.7

149

PCB-1016

12674-11-2

SW846

• 8000 series

0.7

Section E. Additional Analyses

150

pH

na

SM-4500-H

na

151

Percent Solids

na

SM-2540 G

na

152

Nitrate-Nitrite

14797-55-8

14797-65-0

SM-4500-NO₃

SW8-6-9210

EPA 353-3000 series

30

153

Total Kjeldalh Nitrogen

na

SM-4500-N_org

EPA-351.3

300

154

Ammonia Nitrogen

na

SM-4500-NH₃

EPA-350

30

155

Total Organic Nitrogen

na

calculation

na

156

Potassium

na

SM-3500-K

SW846 6000/7000 series

15

157

Phosphorus

na

SM-4500-P

EPA-365

15

Section F. Dioxins

158

Total Toxic Equivalent, 2,3,7,8 TCDD

1746-01-6

EPA 1613

5 ppt TEQ

Section G. Pathogens

159

Enteric Virus

na

ASTM D4994-89 (2002)

1 PFU/ 4 grams

160

Fecal Coliform

na

Part 9221 E or Part 9222 D

Class A - <1000 MPN/g

Class B - <2,000,000 MPN/g

161

Salmonella sp.

na

Part 9260 D

< 3 MPN/ 4 grams

162

Helminth ova

na

Yanko, 1987

<1 per 4 grams

Section H. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)

Perfluoroalkyl carboxylic acids

163

Perfluorobutanoic acid (PFBA)

375-22-4

1633A

na

164

Perfluoropentanoic acid (PFPeA)

2706-90-3

1633A

na

165

Perfluorohexanoic acid (PFHxA)

307-24-4

1633A

na

166

Perfluoroheptanoic acid (PFHpA)

375-85-9

1633A

na

167

Perfluorooctanoic acid (PFOA)

335-67-1

1633A

na

168

Perfluorononanoic acid (PFNA)

375-95-1

1633A

na

169

Perfluorodecanoic acid (PFDA)

335-76-2

1633A

na

170

Perfluoroundecanoic acid (PFUnA)

2058-94-8

1633A

na

171

Perfluorododecanoic acid (PFDoA)

307-55-1

1633A

na

172

Perfluorotridecanoic acid (PFTrDA)

72629-94-8

1633A

na

173

Perfluorotetradecanoic acid (PFTeDA)

376-06-7

1633A

na

Perfluoroalkyl sulfonic acids

Acid Form

174

Perfluorobutanesulfonic acid (PFBS)

375-73-5

1633A

na

175

Perfluoropentansulfonic acid (PFPeS)

2706-91-4

1633A

na

176

Perfluorohexanesulfonic acid (PFHxS)

355-46-4

1633A

na

177

Perfluoroheptanesulfonic acid (PFHpS)

375-92-8

1633A

na

178

Perfluorooctanesulfonic acid (PFOS)

45298-90-6

1633A

na

179

Perfluorononanesulfonic acid (PFNS)

68259-12-1

1633A

na

180

Perfluorodecanesulfonic acid (PFDS)

335-77-3

1633A

na

181

Perfluorododecanesulfonic acid (PFDoS)

79780-39-5

1633A

na

Fluorotelomer sulfonic acids

182

1H,1H, 2H, 2H-Perfluorohexane sulfonic acid (4:2FTS)

757124-72-4

1633A

na

183

1H,1H, 2H, 2H-Perfluorooctane sulfonic acid (6:2FTS)

425670-75-3

1633A

na

184

1H,1H, 2H, 2H-Perfluorodecane sulfonic acid (8:2FTS)

481071-78-7

1633A

na

Perfluorooctane sulfonamides

185

Perfluorooctanesulfonamide (PFOSA)

754-91-6

1633A

na

186

N-methyl perfluorooctanesulfonamide (NMeFOSA)

31506-32-8

1633A

na

187

N-ethyl perfluorooctanesulfonamide (NEtFOSA)

4151-50-2

1633A

na

Perfluorooctane sulfonamidoacetic acids

188

N-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA)

2355-31-9

1633A

na

189

N-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA)

2991-50-6

1633A

na

Perfluorooctane sulfonamide ethanols

190

N-methyl perfluorooctanesulfonamidoethanol (NMeFOSE)

24448-09-7

1633A

na

191

N-ethyl perfluorooctanesulfonamidoethanol (NEtFOSE)

1691-99-2

1633A

na

Per- and Polyfluoroether carboxylic acids

192

Hexafluoropropylene oxide dimer acid (HFPO-DA)

122499-17-6

1633A

na

193

4,8-Dioxa-3H-perfluorononanoic acid (ADONA)

919005-14-4

1633A

na

194

Perfluoro-3-methoxypropanoic acid (PFMPA)

377-73-1

1633A

na

195

Perfluoro-4-methoxybutanoic acid (PFMBA)

863090-89-5

1633A

na

196

Nonafluoro-3,6-dioxaheptanoic acid (NFDHA)

151772-58-6

1633A

na

Ether sulfonic acids

197

9-Chlorohexadecafluoro-3-oxanonane-1-sulfonic acid

(9Cl-PF3ONS)

756426-58-1

1633A

na

198

11-Chloroeicosafluoro-3-oxaundecane-1-sulfonic acid

(11Cl-Pf3OUdS)

763051-92-9

1633A

na

199

Perfluoro(2-ethoxyethane)sulfonic acid (PFEESA)

113507-82-7

1633A

na

Fluorotelomer carboxylic acids

200

3-Perfluoropropyl propanoic acid (3:3FTCA)

356-02-5

1633A

na

201

2H,2H,3H,3H-Perfluorooctanoic acid (5:3FTCA)

914637-49-3

1633A

na

202

3-Perfluoroheptyl propanoic acid (7:3FTCA)

812-70-4

1633A

na

(e) The following shall apply to Table 809-2:

(1) Subject to (2) and (3) below, the detection limit for all the analyses shall be at or below the detection limits specified in Table 809-2;

(2) If the percent solids in a sludge is below 5%, the results shall be reported in mg/L and the detection limits shall be appropriate to the methodology specified in Table 809-2 for a water matrix;

(3) If the detection limit specified in Table 809-2 cannot be achieved by the methodology listed, the department shall accept the detection limits that are routinely achievable; and

(4) The designation “na” means “not applicable”.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 809.07 Post-Certification Testing Required for QC Sludge {#sec-env-wq-809.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 809.07}

(a) The sludge quality certification holder shall analyze the QC sludge from its generating facility at the frequencies specified in Table 809-3, below, for the parameters listed in Table 809-2, section E, and for the metals in Table 809-2, section C, except for antimony, beryllium, silver, and thallium, in accordance with the analytical methods and detection limits specified:

Table 809-3: Frequency of Testing - Land Application

Quantity of Sludge (dry tons)

Frequency

0 - 320

Once per 180 days

320 - 1600

Once per quarter

1600 - 16,000

Once per 60 days

more than 16,000

Once per month

(b) For the purposes of Table 809-3 above, “quantity of sludge” means the total quantity of all sludge generated in a calendar year.

(c) Each year, the sludge quality certification holder shall analyze sludge from its generating facility for the constituents identified in Table 809-2, sections A, B, D, F, and H, together with antimony, beryllium, silver, and thallium from section C, and fecal coliforms or salmonella sp for class A biosolids, or fecal coliforms for class B biosolids from section G using the analytical methods and detection limits specified in the table.

(d) Generators of class A biosolids also shall test for enteric viruses and helminth ova as specified in Table 809-2, section G, if using 40 CFR 503.32 class A–alternative 3 or class A–alternative 4 methods for pathogen destruction.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 809.08 Additional Testing Required {#sec-env-wq-809.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 809.08}

(a) The department shall require additional testing when results of testing conducted by the sludge quality certification holder, site permit holder, or the department show that the requirements in Env-Wq 809.03 have not been met.

(b) If additional testing is required under (a) above, the sludge quality certification holder and all site operators who apply the sludge shall cease land application of sludge until the additional testing, performed in accordance with (c) below, demonstrates that the sludge is acceptable for land application according to the standards of Env-Wq 809.03.

(c) The following additional testing shall be done in accordance with the analytical procedures specified in Table 809-2:

(1) Collect and analyze representative samples of sludge from each stockpile at each site that contains the generator’s sludge for the constituent(s) of concern and submit results to the department for review and approval prior to resuming land application;

(2) Increase the frequency of testing at the generator’s facility for the compound(s) of concern to weekly, and continue the weekly sampling until 4 successive weeks show that the concentration of the constituent(s) of concern meets the standards in Env-Wq 809.03; and

(3) After complying with (2) above, resume land application and increase sampling frequency specified in Env-Wq 809.07 to monthly for the constituent(s) of concern for 6 months.

(d) Subject to (e) below, the department shall remove a constituent from the requirement to be tested annually if it determines, based on all available information, that the constituent is not present in the sludge and is unlikely to be present in the future.

(e) The constituent removed pursuant to (d) above shall be reinstated to the annual testing regime if:

(1) Any source of wastewater that has the potential to discharge the contaminant is connected to the generating facility; or

(2) Any source of wastewater that is connected to the generating facility changes its processes such that the contaminant may be discharged.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 809.09 Recordkeeping and Reporting {#sec-env-wq-809.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 809.09}

(a) Each sludge quality certification holder shall maintain records containing the following information:

(1) The name, email, and physical address of the facility that generated the QC sludge;

(2) The name and telephone number of the operator of the facility;

(3) The sludge quality certificate number;

(4) The quantity of QC sludge generated, in wet and dry tons;

(5) The results of all testing, including laboratory reports, required by the department during the previous year, including laboratory results presented categorically as required in Env-Wq 809.01(a)(4);

(6) For permitted land application sites, the name, location, and amount, in wet and dry tons, where the QC sludge was delivered;

(7) For each delivery of 50 cubic yards or more of composted or un-composted class A biosolids and mixtures containing class A biosolids and for deliveries where the combined delivered amount is 50 cubic yards or more, the name of the recipient, location where the material was delivered, and the amount delivered; and

(8) Data regarding source inputs to the sludge or sludge mixture pertaining to the presence and concentrations of regulated pollutants, and any emerging contaminants from each source delivering or discharging to the facility.

(b) Each sludge quality certification holder shall submit an annual report to the department by the last business day of January following the issuance of the certificate that contains:

(1) The information required by (a)(1) through (7) above;

(2) A tabulated summary of all results from testing pursuant to Env-Wq 809.07 and Env-Wq 809.08 if applicable, including notation of any standards exceeded and laboratory quality control reported as outside acceptable ranges; and

(3) The proposed updated label as required under Env-Wq 810.02, if applicable.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 810 Land Application and Management Restrictions

N.H. Code Admin. R. Ann. Env-Wq 810.01 Land Application of Class A Biosolids {#sec-env-wq-810.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 810.01}

(a) Each person who land applies class A biosolids shall comply with the following:

(1) If the biosolids are not certified as low metals under Env-Wq 809.03, the application rate shall not exceed the annual application limits stated on the label required under Env-Wq 810.02;

(2) Biosolids shall not be stockpiled or applied within 35 feet of surface water;

(3) Biosolids shall not be stockpiled within 250 feet of the normal high water mark of a designated river; and

(4) Land application of biosolids within a designated river corridor shall comply with the requirements relative to set-backs and immediate incorporation into the soil specified in RSA 483:9, VI(c), RSA 483:9-a, VII(d), RSA 483:9-aa, VII(b), or RSA 483:9-b, VII(b), as applicable.

(b) In addition to (a) above, each person who land applies class A biosolids on a contiguous area of more than 5 acres shall:

(1) Obtain and follow the nutrient recommendation from UNH cooperative extension, USDA, New Hampshire department of agriculture, NRCS, or a certified crop advisor; and

(2) Maintain biosolids stockpiles to minimize the amount of water running on, off, or through the stockpile.

(c) For class A biosolids not used for reclamation, land application rates shall not exceed 200 pounds of nitrogen per acre unless recommended by a certified crop advisor.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 810.02 Label Requirements for Class A Biosolids {#sec-env-wq-810.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 810.02}

(a) The generator of class A biosolids shall submit a proposed label to the department with the application for a sludge quality certification and annually with the annual report required under Env-Wq 809.09.

(b) The proposed label shall include the following:

(1) The name, mailing address, email, and telephone number of the generator;

(2) A brief description of the product, including the process employed to treat or stabilize the biosolids and meet pathogen and vector attraction reduction requirements of 40 CFR 503.32(a) and 503.33, respectively;

(3) Recommended uses and appropriate application rates;

(4) Average nutrient analysis of the final biosolids product for nitrogen, phosphorus, and potassium based upon the analytical results required under Env-Wq 809.03(c) from the previous year;

(5) Average concentration for the compounds listed in Env-Wq 809.03(c) based upon the analytical results required under Env-Wq 809.07(a) from the previous year;

(6) A statement detailing the requirements set forth in Env-Wq 810.01; and

(7) The following statement: “Any use of biosolids contrary to label recommendations is a violation of New Hampshire law.”

(c) The department shall approve the label if it determines that the information in the proposed label is complete and correct. In determining if the label is complete and correct, the department may request results of tests conducted by the generator related to data presented on the label.

(d) Within 30 days of receipt of the label, the department shall notify the generator in writing of its approval or disapproval of the label. If the department does not approve the label, the written notification shall specify the reason(s) for the decision.

(e) A generator of QC sludge shall include the label approved in (c) above with every delivery. For purposes of labeling, a delivery includes multiple shipments of the same material in a single order.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 810.03 Recordkeeping and Reporting for Class A Biosolids {#sec-env-wq-810.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 810.03}

Each generator of class A biosolids or mixtures containing class A biosolids shall record the information required by Env-Wq 809.09(a)(7).

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 810.04 Land Application and Management Restrictions for Other Than Class A Biosolids {#sec-env-wq-810.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 810.04}

QC sludge that is not class A biosolids shall be subject to the following restrictions:

(a) Subject to (b) below, water treatment sludge shall be land applied only as a mineral component in a mixture of sludge or other organic residuals;

(b) Unmixed water treatment residuals shall not be applied to agricultural land unless allowed by a permit obtained pursuant to this chapter;

(c) The following QC sludge shall be land applied only at a site permitted pursuant to Env-Wq 806:

(1) Any QC sludge that contains class B biosolids;

(2) Any QC sludge used for reclamation that is applied at rates exceeding 1,500 pounds of nitrogen per acre or that does not have a carbon-to-nitrogen ratio between 30:1 and 40:1; and

(3) Short paper fiber; and

(d) For short paper fiber not used for reclamation, land application rates shall not increase soil organic matter by more than 2% in any year. An annual application rate of 35 dry tons of short paper fiber per acre or less shall be presumed to meet this requirement.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 811 Waivers and Equivalency Determinations

N.H. Code Admin. R. Ann. Env-Wq 811.01 Applicability {#sec-env-wq-811.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 811.01}

The purpose of the rules in this part is to establish procedures and criteria for:

(a) Requesting waivers in situations where strict compliance with all rules is not necessary to protect human health and safety and the environment or would interfere with studies designed to investigate alternatives to current requirements; and

(b) Requesting approval of alternate methods to those specified in the rules in situations where new methods have been developed or other methods might apply more appropriately in a particular situation.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 811.02 Submittal of Request for Waiver or Equivalency Determination {#sec-env-wq-811.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 811.02}

(a) To request a waiver or equivalency determination, the applicant shall complete and submit an “Application for Waiver or Equivalency from Sludge Management Rules”, NHDES-W-09-011, 5-15-2026, including all information and attachments requested on or by the form, and certified and signed in accordance with Env-Wq 804.04(a).

(b) Payment for application fees, if applicable, shall be submitted with the completed application.

(c) Upon receipt of an application with payment of any required fees, the department shall review the application in accordance with Env-Wq 804.04 and make a decision based on the criteria in Env-Wq 811.03 and Env-Wq 811.04.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 811.03 Waiver Criteria {#sec-env-wq-811.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 811.03}

(a) Subject to (b) below, the department shall approve a request for a waiver that is not being requested to accommodate research of alternatives to current requirements if it finds that granting the waiver will, with the implementation of any proposed alternatives, be:

(1) At least equivalent to the requirements specified in Env-Wq 800;

(2) Adequate to ensure that the provisions of RSA 485-A and RSA 485-C are met;

(3) As protective of human health and safety and the environment as compliance with the rule that is being waived; and

(4) Consistent with the intent of applicable statutes and rules.

(b) The department shall approve a request for a waiver that is being requested to accommodate research of alternatives to current requirements if it finds that:

(1) The proposed research plan includes establishing relevant background conditions and monitoring during the study to ensure protection of public health and the environment;

(2) The individual(s) who will be conducting the research are qualified by reason of education and experience;

(3) The requested waiver is necessary to allow the research to proceed; and

(4) The research will not pose an unreasonable threat to the environment or public health.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 811.04 Equivalency Determination Criteria {#sec-env-wq-811.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 811.04}

The department shall approve a method as equivalent to a specified method if it finds that the method:

(a) Provides comparable results in terms of accuracy and precision to the method specified in the rules; and

(b) Provides at least the same degree of protection to human health and safety and the environment as the method specified in the rules.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 811.05 Decision on a Waiver or Equivalency Determination {#sec-env-wq-811.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 811.05}

(a) The department shall issue a written notice of its decision to a request for a waiver or equivalency determination within 90 days of receipt of the request.

(b) If the waiver or equivalency is granted, the department shall include in its written notice:

(1) Conditions necessary to ensure that the criteria in Env-Wq 811.03 or Env-Wq 811.04, as applicable, will be met; and

(2) The date on which the waiver or equivalency shall expire, which shall be no later than the expiration of the associated permit or certification.

(c) If the request is denied, the written notice of decision shall specify the reason(s) for the denial.

History

• #10998, eff 1-1-16; ss by #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 811.06 Modification of a Waiver or Equivalency Determination {#sec-env-wq-811.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 811.06}

(a) A modification of a waiver or equivalency determination shall be submitted to the department in accordance with Env-Wq 811.02.

(b) The department shall issue a written decision on a request for a modification of a waiver or equivalency determination in accordance with Env-Wq 811.05.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 812 Administrative Fine Schedule

N.H. Code Admin. R. Ann. Env-Wq 812.01 Purpose {#sec-env-wq-812.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 812.01}

The purpose of Env-Wq 812 is to establish a schedule of fines in accordance with RSA 485-A:22, V for violations of RSA 485-A:4, XVI-b, of any rule adopted to implement RSA 485-A:4, XVI-b, or of any permit or approval issued under the authority of RSA 485-A:4, XVI-b.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 812.02 Fine Amounts for Major Violations {#sec-env-wq-812.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 812.02}

The proposed fine amount for all knowing violations of RSA 485-A:4, XVI-b, of any rule in Env-Wq 800, or of any permit or approval issued under the authority of RSA 485-A:4, XVI-b shall be $2,000 for each offense, including but not limited to:

(a) Conducting any regulated sludge management activities without obtaining a permit or certification if required by Env-Wq 804;

(b) Submitting false or misleading information relating to any application for a permit, certification, modification, renewal, transfer, waiver, equivalency determination, or any other request for approval;

(c) Submitting false or misleading information relating to any report or other submission required by Env-Wq 800 or any permit, certification, modification, renewal, transfer, waiver, or equivalency determination issued thereunder; and

(d) Violating the conditions of any permit, certification, modification, renewal, transfer, waiver, or equivalency determination issued pursuant to RSA 485-A:4, XVI-b and Env-Wq 800.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 812.03 Fine Amounts for Moderate Violations {#sec-env-wq-812.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 812.03}

The proposed fine amount for the following violations shall be $1,500 per offense:

(a) For recklessly or negligently submitting false or misleading information relating to any application for permit or certification required pursuant to RSA 485-A:4, XVI-b and Env-Wq 800; and

(b) For recklessly or negligently commencing sludge management activities without obtaining a permit or certification, meeting the conditions required by such permits or certification, or meeting any other requirements of Env-Wq 800.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 812.04 Fines Amounts for Violations with No Previously Scheduled Fine {#sec-env-wq-812.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 812.04}

(a) For the purposes of this section, the following definitions shall apply:

(1) “Major deviation from requirement” means the violator deviated from a requirement of a statute or rule to such an extent that there is substantial non-compliance;

(2) “Moderate deviation from requirement” means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met;

(3) “Minor deviation from requirement” means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met;

(4) “Major potential for harm” means a substantial likelihood of causing harm to human health or the environment;

(5) “Moderate potential for harm” means a moderate likelihood of causing harm to human health or the environment; and

(6) “Minor potential for harm” means a small likelihood of causing harm to human health or the environment.

(b) For violating the requirements of, or refusing to comply with, any of the provisions of RSA 485-A:4, XVI-b, and any rule adopted or permit or approval issued under the authority of RSA 485-A:4, XVI-b, or RSA 485-A:6, VIII, the proposed fine for each violation that does not meet the criteria in Env-Wq 812.02 and Env-Wq 812.03 shall be calculated pursuant to Table 812-1, below, based on the extent of deviation from the requirement and the potential for harm.

Table 812-1: Matrix for Calculated Fines – Maximum Fine $2,000

Minor Deviation

from Requirement

Moderate Deviation

from Requirement

Major Deviation

from Requirement

Minor Potential for Harm

range: $100 to $500

default: $250

range: $500 to $1,000

default: $750

range: $1,000 to $1,500

default: $1,250

Moderate Potential for Harm

range: $500 to $1,000

default: $750

range: $1,000 to $1,500

default: $1,250

range: $1,500 to $2,000

default: $1,750

Major Potential for Harm

range: $1,000 to $1,500

default: $1,250

range: $1,500 to $2,000

default: $1,750

$2,000

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 812.05 Administrative Fine Hearings {#sec-env-wq-812.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 812.05}

Env-C 200 shall apply to all administrative fine hearings and adjudication of the total proposed fine shall be in accordance with Env-C 204.24.

Appendix A: Statutes Implemented

Rule

Statute

Env-Wq 800 (see also specific part listed below)

RSA 485-A:4, XVI-b

Env-Wq 809.04

RSA 541-A:30

Env-Wq 810.01

RSA 483:9-VI(c); RSA 483:9-a, VII(d); RSA 483:9-aa, VII(b); RSA 483:9-b, VII(b)

Env-Wq 811

RSA 541-A:22, IV

Env-Wq 812

RSA 485-A:22, V

Appendix B: Incorporated References

Rule (Env-Wq)

Reference

Obtain From (Cost)

806.01(c)(8)

Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Special Publication No. 3, version 7.0, July 2021

Society of Soil Scientists of Northern New England

P.O. Box 76; Durham, NH 03824-0076

https://sssnne.wordpress.com/

No cost to download from:

https://sssnne.com/wp-content/uploads/2022/02/site-specific-soil-mapping-standards-for-new-hampshire-and-vermont-version-7.0-july-2021.pdf

806.01(c)(9)

Site-Specific Soil Mapping Standards for New Hampshire and Vermont, Special Publication No. 3, February 2011

Society of Soil Scientists of Northern New England

No cost to download from:

http://sssnne.org/sssnne-publications/

806.07(h)(3)

Best Management Practices: Biosolids, July 2014

UNH Cooperative Extension

No cost to download from:

https://extension.unh.edu/resources/files/Resource005011_Rep7148.pdf

806.10(f)

807.10(e)

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW‐846, Third Edition, Final Updates VII, July 2021

Environmental Protection Agency

Office of Solid Waste

1200 Pennsylvania Ave., NW (5304T)

Washington DC 20460

No cost to download from:

https://www.epa.gov/hw-sw846/sw-846-compendium

809.05(d)

“The Wastewater Treatment Plant Operators Guide to Biosolids Sampling Plans”, September 2006

No cost to download from:

http://click.neiwpcc.org/neiwpcc_docs/biosampleguide/biosampleguide_web.pdf

807.08(a)

TR-16, “Guides for the Design of Wastewater Treatment Works”, 2011

$95.00 (hardcopy)

$25 (CD)

http://www.neiwpcc.org/tr16guides.asp

807.10(e)(11)

Method 1633, Revision A Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS, December 2024

Environmental Protection Agency Office of Water

1200 Pennsylvania Ave., NW (4101M)

Washington DC 20460

No cost to download from: https://www.epa.gov/system/files/documents/2024-12/method-1633a-december-5-2024-508-compliant.pdf

Appendix C: Statutory Definitions

RSA 485-A:2:

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

XI-a. “Sludge” means the solid or semisolid material produced by water and wastewater treatment processes, excluding domestic septage; provided, however, sludge which is disposed of at solid waste facilities permitted by the department shall be considered solid waste and regulated under RSA 149-M.

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

XVI-a. “Wastewater treatment plant” means the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.

XXII. “Biosolids” means any sludge derived from a sewage wastewater treatment facility that meets the standards for beneficial reuse specified by the department.

XXIII. “Short paper fiber” means any sludge derived from a pulp or paper mill wastewater treatment facility that meets the standards for beneficial reuse specified by the department.

RSA 483:4:

VIII. “Designated river” means that portion of a river which has been specifically designated by the general court pursuant to RSA 483:15.

XVIII. “River corridor” means the river and the land area located within a distance of 1,320 feet of the normal high water mark or to the landward extent of the 100 year floodplain as designated by the Federal Emergency Management Agency, whichever distance is larger.

History

• #14571, eff 5-15-26, EXPIRES: 5-15-36

Chapter Env-Wq 900 Youth Camps

Part Env-Wq 901 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 901.01 Purpose {#sec-env-wq-901.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 901.01}

(a) The purpose of the rules in Env-Wq 903 through Env-Wq 907 is to provide an environment conducive to promoting and protecting the health and safety of all individuals who attend or provide services at a youth recreation camp.

(b) The purpose of the rules in Env-Wq 908 is to accommodate situations where strict compliance with all requirements established in this chapter may not be necessary for the protection of the safety and health of the individuals who attend or provide services at a youth recreation camp or youth skills camp.

(c) The purpose of the rules in Env-Wq 909 is to implement RSA 485-A:24, II relative to background checks for certain workers at youth skill camps.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 901.02 Applicability {#sec-env-wq-901.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 901.02}

(a) The definitions in Env-Wq 902 shall apply throughout this chapter, provided that if a specific term is defined for youth skill camps in Env-Wq 909.03, then that definition shall apply in that part.

(b) The rules in Env-Wq 903 through Env-Wq 907 shall apply to:

(1) All youth recreation camps as defined herein; and

(2) Any organization or program exempt from licensing under RSA 170-E:3, I, that chooses to apply for and obtain a license under these rules.

(c) Except as provided in (b)(2), the rules in Env-Wq 903 through Env-Wq 907 shall not apply to:

(1) Any child day care agency as defined in RSA 170-E:2, IV; or

(2) Places, entities, and programs exempt from licensing under RSA 170-E:3, I.

(d) The rules in Env-Wq 909 shall apply only to youth skill camps as defined in Env-Wq 909.03.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

Part Env-Wq 902 Definitions

N.H. Code Admin. R. Ann. Env-Wq 902.01 Camp {#sec-env-wq-902.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.01}

“Camp” means youth recreation camp as defined in Env-Wq 902.21.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.02 Camp facilities {#sec-env-wq-902.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.02}

“Camp facilities” means all of the structures at a youth recreation camp, whether temporary or permanent, used by YRC staff or campers for sleeping, eating, personal hygiene, recreation, instruction, health care, or camp management, or any combination thereof.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.03 Camper {#sec-env-wq-902.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.03}

“Camper” means any person enrolled in a youth recreation camp.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.04 Contained YRC campus {#sec-env-wq-902.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.04}

“Contained YRC campus” means a parcel of land, with or without buildings thereon, that is:

(a) Used for youth recreation camping;

(b) Not open for use by the general public while the YRC is in operation; and

(c) Typically, but not necessarily, in a rural location.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.05 Counselor {#sec-env-wq-902.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.05}

“Counselor” means an individual who is responsible for the direct supervision of campers and the supervision and training of counselors-in-training or junior counselors, or both.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.06 Counselor-in-training (CIT) {#sec-env-wq-902.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.06}

“Counselor-in-training (CIT)” means an individual who works directly with campers only under the supervision of a counselor.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.07 Day camp {#sec-env-wq-902.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.07}

“Day camp” means a youth recreation camp that operates for less than 24 hours per day.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.08 Department {#sec-env-wq-902.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.08}

“Department” means the department of environmental services.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.09 Director {#sec-env-wq-902.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.09}

“Director” means the individual in charge of the day-to-day operations of a youth recreation camp.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.10 In operation {#sec-env-wq-902.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.10}

“In operation” means campers are in attendance at a youth recreation camp.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.11 Junior counselor (JC) {#sec-env-wq-902.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.11}

“Junior counselor (JC)” means an individual who works directly with campers only under the supervision of a counselor.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.12 Off-site overnight camping {#sec-env-wq-902.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.12}

“Off-site overnight camping” means any venture that:

(a) Involves a recreation activity, including but not limited to hiking, climbing, biking, canoeing, horseback riding, water activities, camping, and tenting;

(b) Occurs for the duration of one night or longer; and

(c) Occurs outside of the normal sleeping quarters of the youth recreation camp.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.13 Person {#sec-env-wq-902.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.13}

“Person” means “person” as defined in RSA 485-A:2, IX, as reprinted in Appendix B.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.14 Public water system (PWS) {#sec-env-wq-902.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.14}

“Public water system (PWS)” means “public water system” as defined in RSA 485:1-a, XV, as reprinted in Appendix B.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.15 Residence camp {#sec-env-wq-902.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.15}

“Residence camp” means a youth recreation camp which operates for 4 or more consecutive 24-hour days.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.16 Season {#sec-env-wq-902.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.16}

“Season” means the period(s) of time in the licensing year during which a seasonal youth recreation camp plans to operate and does operate.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.17 Seasonal camp {#sec-env-wq-902.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.17}

“Seasonal camp” means a youth recreation camp that is not a year-round camp.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.18 State fire safety code {#sec-env-wq-902.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.18}

“State fire safety code” means “‘New Hampshire fire code’ or ‘state fire code’” as defined in RSA 153:1, VI-a, as reprinted in Appendix B.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.19 Year-round camp {#sec-env-wq-902.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.19}

“Year-round camp” means a youth recreation camp that operates during each calendar quarter of the year.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.20 Youth {#sec-env-wq-902.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.20}

“Youth” means individuals who are under 18 years of age.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.21 Youth recreation camp (YRC) {#sec-env-wq-902.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.21}

“Youth recreation camp (YRC)” means a program that operates for at least 10 days per license year for the purpose of providing recreational opportunities, or a combination of recreation and instruction, to 10 or more youth per day, at a place which is continuously or periodically used for such purposes. The term includes residence camps and seasonal and year-round day camps.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.22 YRC owner {#sec-env-wq-902.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.22}

“YRC owner” means the person that owns and is responsible for the operation and management of a YRC.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 902.23 YRC staff {#sec-env-wq-902.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 902.23}

“YRC staff” means the individuals employed or otherwise engaged by a youth recreation camp, whether for pay or not, to:

(a) Manage the camp, including office personnel, managers, and kitchen and maintenance staff; and

(b) Work directly with campers, including counselors, activity leaders, instructors, and health care providers.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

Part Env-Wq 903 Licensing

N.H. Code Admin. R. Ann. Env-Wq 903.01 License Required {#sec-env-wq-903.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.01}

(a) As specified in RSA 485-A:24:

(1) No person shall for profit or for charitable purposes operate any youth recreation camp (YRC) without a license issued by the department; and

(2) The license to operate a year-round camp required by RSA 485-A:24 shall be good only for the calendar year in which it is issued.

(b) The license to operate a seasonal camp required by RSA 485-A:24, I, shall be good only between the opening and closing dates noted on the application.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.02 YRC License Applications {#sec-env-wq-903.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.02}

(a) The applicant for a YRC license shall file a complete application as specified in (b), below, with the department at the following address:

Department of Environmental Services

Attn: Youth Recreation Camp Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

(b) A complete application for a YRC license shall include the following:

(1) A completed application form as specified in Env-Wq 903.03, signed as specified in Env‑Wq 903.05;

(2) Any additional required information as specified in Env-Wq 903.04;

(3) A completed checklist as specified in Env-Wq 903.06, signed as specified in Env-Wq 903.05;

(4) Certification that the YRC owner has verified that the director meets the requirements specified in Env-Wq 904.01; and

(5) The fee required by RSA 485-A:24, I, payable to the state treasurer.

(c) The applicant shall file the complete application:

(1) At least 30 days prior to the opening of the YRC, for a seasonal camp; or

(2) No later than December 1 for the following calendar year, for a year-round camp.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.03 Application Information {#sec-env-wq-903.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.03}

Each applicant for a YRC license shall provide the following information on a “Youth Recreation Camp License Application” form obtained from the department, #NHDES-W-03-175, dated August 2017:

(a) The name of the YRC;

(b) The location where the YRC operates in New Hampshire, by street address and municipality;

(c) The name, primary mailing address, daytime telephone number, and emergency telephone number of the YRC owner and, if available, an e-mail address;

(d) The name, primary mailing address, daytime telephone number, and emergency telephone number of the YRC operator, and, if available, an e-mail address, if the operator is not the owner;

(e) If the owner or operator, or both, is other than an individual, the name, daytime telephone number, and, if available, e-mail address for an individual representing the owner or operator, or both, as applicable;

(f) The name of each lake or river, if any, on which the YRC is located;

(g) Whether the YRC has operated previously in New Hampshire, and if so the following:

(1) A list showing the year(s) the YRC operated;

(2) For each year, the name under which the YRC operated, if different from the name in which the current application is being made; and

(3) Whether the YRC’s license has ever been suspended or revoked;

(h) The capacity of the YRC, as follows:

(1) Maximum number of campers per camp session; and

(2) Number of YRC staff;

(i) Whether the YRC is a seasonal camp or a year-round camp;

(j) For a seasonal camp, the opening date and closing date for campers;

(k) For a seasonal camp, the seasonal mailing address(es) and daytime telephone number(s) of the YRC owner, if different than the primary mailing address;

(l) Whether the YRC is a public water system (PWS) or is connected to a PWS, and:

(1) If so, the name and PWS ID number of the public water system; and

(2) If not, the source of drinking water used by the YRC;

(m) Whether the YRC is a residence camp or a day camp;

(n) Whether the YRC prepares or serves food for campers or YRC staff;

(o) Whether the YRC is connected to a municipal sewer or other community, off-site sewage disposal system or is served by on-site sewage disposal system(s);

(p) If the YRC is an entity that is required by RSA 292, RSA 293, RSA 293-A, or other applicable provision of New Hampshire law to register with the New Hampshire secretary of state:

(1) The business ID number assigned by the New Hampshire secretary of state; and

(2) An affirmation by the YRC owner that the YRC is registered and in good standing to do business in New Hampshire; and

(q) The address of each YRC web site and social media network site, if any.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.04 Additional Information Required for Certain YRC {#sec-env-wq-903.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.04}

(a) For any YRC that is not served by a PWS that provides drinking water, other than water bottled as specified in RSA 143 and He-P 2100, to campers or YRC staff, or both, the YRC owner shall submit results of a current water analysis for bacteria and nitrates with the application.

(b) For any YRC that is connected during the season to a PWS and that disconnects from the PWS at the end of the season and reconnects prior to the next season, the YRC owner shall submit results of a current water analysis for bacteria with the application.

(c) For any YRC that is not connected to a municipal sewer or other off-site community sewage disposal system, the applicant shall provide following additional information:

(1) The type(s) of toilet facilities and sewage disposal system(s) available;

(2) For any system that has been approved by the department, the approval number and date;

(3) For any system that has not been approved by the department and which includes a septic tank, a statement of the approximate age of the system and the approximate date of the most recent septic tank pumping or inspection; and

(4) For any system that includes a lagoon, the number, date, and name of permittee as shown on the groundwater discharge permit or underground injection control (UIC) permit for the lagoon.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.05 Signature Required {#sec-env-wq-903.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.05}

(a) The YRC owner or authorized representative shall sign and date the application form and the YRC checklist.

(b) The signature provided pursuant to (a), above, shall constitute certification that:

(1) The signer is the YRC owner or has been authorized by the YRC owner to sign the application;

(2) The information provided in and with the application is true, complete, and not misleading to the knowledge and belief of the signer; and

(3) The signer understands that any license granted based on false, incomplete, or misleading information shall be subject to suspension or revocation.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.06 YRC Checklist {#sec-env-wq-903.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.06}

(a) The YRC checklist shall consist of a list of the operating standards that apply to the YRC, as specified in Env-Wq 904 through Env-Wq 907.

(b) As part of the application, the applicant shall identify the status of the YRC with respect to each standard as follows:

(1) A status of “YES” means the YRC complies with the standard;

(2) A status of “PENDING” means the YRC does not comply with the standard as of the application date but will be brought into compliance prior to the arrival of campers; and

(3) A status of “NO” means the YRC does not currently comply with the standard and does not have a plan to come into compliance prior to the arrival of campers.

(c) For any standard marked as “PENDING” or “NO”, the applicant shall provide a narrative explanation of the reason(s) for the non-compliance and:

(1) A brief description of the plan(s) to bring the YRC into compliance; or

(2) A request for a waiver of the requirement as specified in Env-Wq 908.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.07 Application Processing {#sec-env-wq-903.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.07}

(a) Upon receipt of an application, the department shall review the application to determine whether the application is complete.

(b) Except as provided in (e), below, if the application is not complete the department shall notify the applicant in writing of what is needed to complete the application.

(c) Upon notifying an applicant that the application is not complete, the department shall suspend further processing of the application pending receipt of the information missing from the application.

(d) No portion of the time between the date a notice is provided pursuant to (b), above, or (e), below, and the date the applicant responds shall be included in computing the time limits specified in RSA 541-A:29 for processing the application.

(e) The department shall notify the applicant by telephone in lieu of providing a written notice pursuant to (b), above, if:

(1) The anticipated time required of the applicant to supply the missing information is less than the anticipated time required of the department to notify the applicant in writing; and

(2) The department is able to contact the applicant by telephone.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.08 Approval Criteria {#sec-env-wq-903.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.08}

(a) The department shall approve a YRC license application for a previously-licensed YRC if:

(1) The applicant submitted a complete application;

(2) The information supplied by the applicant shows that the YRC:

a. Is in compliance with applicable standards specified in Env-Wq 904 through Env-Wq 907 or will be in compliance prior to campers arriving at the YRC; or

b. Is being granted a waiver of the requirement pursuant to Env-Wq 908;

(3) If the YRC is required to submit water test results pursuant to Env-Wq 903.04(a) or (b), the test results show that the water meets applicable drinking water standards for bacteria and, if applicable, nitrates, as specified in Env-Dw 700;

(4) The YRC’s New Hampshire license has not been suspended or revoked or, if the license has been suspended or revoked, the condition(s) which formed the reason(s) for the suspension or revocation have been corrected or will be addressed as provided in (a)(2), above; and

(5) The YRC has no outstanding deficiencies identified during an inspection conducted in a accordance with Env-Wq 903.10.

(b) The department shall approve a YRC license application for a YRC that has not previously been licensed under these rules if:

(1) The criteria specified in (a)(1)-(3), above, are met; and

(2) The YRC passes a pre-season inspection conducted by the department.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.09 Issuance of YRC License {#sec-env-wq-903.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.09}

(a) If the application is approved, the department shall issue a YRC license to the applicant that contains the following information:

(1) The YRC license number as assigned by the department;

(2) The name of the YRC owner;

(3) Citations to department statutes and rules that apply to the YRC’s operation;

(4) The name of the YRC;

(5) The location of the YRC by street and municipality;

(6) The date the department issued the license; and

(7) A statement that the license expires at the end of the calendar year of issuance.

(b) The license shall be signed by the director of the department’s division of water or the director’s designee.

(c) The YRC owner shall post the YRC license in a place where it is likely to be seen by interested parties, such as state and local officials and parents or legal guardians of campers, such as the central YRC office or where official camp notices are posted.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.10 Inspection of YRC Facilities {#sec-env-wq-903.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.10}

(a) As specified in Env-Wq 903.08(b)(2), department staff shall inspect a YRC that has not previously been licensed in New Hampshire prior to the YRC receiving a license.

(b) Department staff shall inspect each licensed YRC, while the YRC is in operation, to determine compliance with Env-Wq 904 through Env-Wq 907.

(c) If the YRC has a contained YRC campus, then at the time of the inspection, the YRC shall provide to the department a current map of the contained YRC campus that depicts the locations of utility systems, wells and other water system components, and septic tanks, dry wells, leach fields, and other components of each sewage or other wastewater disposal system.

(d) The department shall issue a written inspection report to the YRC owner and director which summarizes the inspection and identifies as a deficiency any condition that does not meet the applicable operating standard specified in Env-Wq 904 through Env-Wq 907, subject to the following:

(1) If the YRC has received a waiver to an operating standard under Env-Wq 908, such standard shall not be identified as a deficiency; and

(2) If the YRC was inspected prior to the arrival of campers and the YRC identified the standard as “PENDING” pursuant to Env-Wq 903.06(b)(2), such standard shall not be identified as a deficiency if the YRC explains at the time of the inspection how the condition will be brought into compliance prior to the arrival of campers.

(e) If the inspection report issued pursuant to (d), above, identifies one or more deficiencies, the YRC owner shall submit proof of compliance with the applicable standard(s) to the department when compliance has been achieved. Proof of compliance shall comprise photographs, invoices, or such other documentation as is appropriate to demonstrate compliance with the particular standard(s) at issue.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 903.11 Suspension or Revocation of YRC License {#sec-env-wq-903.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 903.11}

(a) Upon determining that conditions exist at a YRC that could adversely affect the health or safety of the campers or YRC staff, the department shall initiate an action to suspend or revoke the YRC license in accordance with RSA 541-A:30, RSA 541-A:31, and the provisions of Env-C 200 applicable to adjudicative proceedings.

(b) After a proceeding initiated pursuant to (a), above, the department shall suspend the YRC license if the conditions:

(1) Have adversely affected the health and safety of the campers or YRC staff or will adversely affect the health and safety of the campers or YRC staff if left uncorrected;

(2) Resulted from accident or benign neglect; and

(3) Can and will be corrected prior to further endangering the health and safety of the campers or YRC staff.

(c) After a proceeding initiated pursuant to (a), above, the department shall revoke the YRC license if the conditions have adversely affected the health and safety of the campers or YRC staff or will adversely affect the health and safety of the campers or camp staff if left uncorrected, and:

(1) Were created knowingly or with reckless disregard for camper or YRC staff health and safety; or

(2) Cannot be corrected prior to further endangering the health and safety of the campers or YRC staff.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

Part Env-Wq 904 Operating Standards: Yrc Staff

N.H. Code Admin. R. Ann. Env-Wq 904.01 YRC Owners and Directors {#sec-env-wq-904.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 904.01}

(a) Each YRC shall have a director who is at least 21 years of age.

(b) The director of a residence camp shall have at least 2 seasons of previous administrative or supervisory experience in residential youth recreation camping.

(c) The director of a day camp shall have at least 2 seasons of previous administrative or supervisory experience in youth recreation camping, youth education and development, or other youth recreation programs.

(d) No individual shall be a director who has any criminal conviction for any offense involving:

(1) Causing or threatening direct physical injury to any individual;

(2) Causing or threatening harm of any nature to any child or children; or

(3) Unlawfully taking property of another, whether through force or threat of force or through deception.

(e) If a YRC owner has any criminal conviction for any offense listed in (d), above, the owner shall not have one-on-one contact with any camper.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17; ss by #12780, eff 5-18-19

N.H. Code Admin. R. Ann. Env-Wq 904.02 Counselors, Counselors-In-Training, and Junior Counselors {#sec-env-wq-904.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 904.02}

(a) At least 80 percent of all counselors at a residence camp shall be 18 years of age or older.

(b) At least 80 percent of all counselors at a day camp shall:

(1) Be 16 years of age or older; and

(2) Be 2 years or more older than the campers with whom they are working.

(c) Each counselor, counselor-in-training (CIT), and junior counselor (JC) shall attend a comprehensive training program provided by or through the YRC before commencing any activities with campers.

(d) No individual shall be a counselor, CIT, or JC who has any criminal conviction for any offense involving:

(1) Causing or threatening direct physical injury to any individual;

(2) Causing or threatening harm of any nature to any child or children; or

(3) Unlawfully taking property of another, whether through force or threat of force or through deception.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 904.03 Other YRC Staff {#sec-env-wq-904.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 904.03}

A YRC shall not employ or otherwise engage, as health care staff, kitchen staff, maintenance staff, special recreation staff, volunteer, contractor, or otherwise, any individual who has any criminal conviction for any offense involving:

(a) Causing or threatening direct physical injury to any individual;

(b) Causing or threatening harm of any nature to any child or children; or

(c) Unlawfully taking property of another, whether through force or threat of force or through deception.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 904.04 Verification of Staff Qualifications {#sec-env-wq-904.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 904.04}

(a) The YRC owner shall verify that the director meets the qualifications specified in Env-Wq 904.01(e) and make a good faith effort to ensure compliance Env-Wq 904.02(d) and Env-Wq 904.03. Compliance with this section shall be evidence of good faith to ensure compliance with the applicable qualifications.

(b) Subject to (c) through (f), below, the YRC owner or director shall require all YRC staff to:

(1) Authorize or submit the results of:

a. A criminal background check in each state where the YRC staff member has lived, which may be done through a national database if the database includes all such states; and

b. A check of the national sex offender public registry or, if the YRC staff has lived in a state that does not participate in the national registry, a check of the sex offender public registry of each state in which the individual has resided; and

(2) Provide references and a listing of all previous employment and volunteer positions.

(c) For any counselor, CIT, or JC who is younger than 18 years old who will be left alone with a child or children, in lieu of the results specified in (b)(1), above, the individual shall provide a minimum of 2 references to the YRC operator, at least one of which is from a non-relative, attesting to their knowledge of the individual’s character as it relates to whether the minor has caused or threatened to cause direct physical injury to any other individual or harm of any nature to any child or children and their opinion on whether the individual is a good candidate to work directly with campers.

(d) For any licensed health professional who is required to submit to a criminal background check in order to be licensed, the YRC owner may accept a currently-valid professional license as proof of compliance with Env-Wq 904.03.

(e) For any counselor, CIT, or JC who has not resided in the United States and who enters the country under the auspices of an organization that provides opportunities for foreign nationals to be a counselor at a camp in the United States, such as the International Camp Counselor Program (ICCP), Camp America, British University North America Club (BUNAC), Camp Leaders, or Camp Counselors USA (CC USA), the background check required to obtain the applicable visa shall meet the requirements of (b), above.

(f) For any YRC that is a certified provider under RSA 170-G:4, XVIII, the background check required for such certification may be used to satisfy the requirement of (b)(1), above.

(g) The YRC owner or, at the owner’s discretion, the director, shall:

(1) Review the results of the background checks and certifications;

(2) Review the submitted references and previous employment and volunteer information and check a sufficient number to become satisfied as to the individual’s suitability to work at the YRC; and

(3) Conduct a personal interview with each individual hired or otherwise engaged as YRC staff.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 904.05 Sleeping Areas; Privacy Areas {#sec-env-wq-904.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 904.05}

(a) For purposes of this section, the following definitions shall apply:

(1) “Privacy area” means a designated private or semi-private area at a camp, such as a room or other space that has permanent or temporary side walls, in which campers or YRC staff are expected to undress or change clothes. The term includes sleeping areas and changing areas associated with showers or other bathing facilities, or with swimming, boating, or other athletic facilities;

(2) “Session” means a period of time established by the camp owner for which a camper is enrolled at a camp;

(3) “Sleeping area” means a tent, cabin, room, or other designated private or semi-private area at a residence camp in which a person is intended to sleep; and

(4) “Special needs camper” means a camper who, for any physical, psychological, or developmental reason, has one or more counselors assigned to work specifically with him or her.

(b) The YRC owner or designee shall develop a written policy to address transgender and gender non-conforming campers and staff, which may be as general or as specific as the YRC owner wants it to be.

(c) Subject to (d), below, no member of the YRC staff, including the director, counselors, activity leaders, instructors, health care providers, office personnel, managers, kitchen staff, and maintenance staff, shall enter a privacy area unless:

(1) The privacy area is a sleeping area to which the YRC staff member is assigned;

(2) Such entry is necessary to protect the health and safety of the occupants, such as in the case of a fire or a situation requiring urgent medical attention; or

(3) The YRC staff member first announces his or her intent to enter and proceeds only after the occupants give audible approval.

(d) The provisions of (c), above, shall not apply to a camp attended by special needs campers if:

(1) The YRC staff member enters the privacy area at the same time as the campers in order to assist a special needs camper;

(2) The other campers are aware of the YRC staff member’s presence and have the opportunity to wait until the YRC staff member departs to disrobe or are otherwise provided privacy in which to disrobe; and

(3) The camp has a written policy in place to ensure the safety of the campers in such situations and specifically covers the policy in the training provided pursuant to Env-Wq 904.02(c).

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

Part Env-Wq 905 Operating Standards: Facilities and Equipment

N.H. Code Admin. R. Ann. Env-Wq 905.01 Camp Facilities {#sec-env-wq-905.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.01}

(a) All camp facilities and grounds shall be maintained in good repair to ensure safe and sanitary conditions.

(b) Ventilation in camp facilities shall provide a movement of air to assure the comfort and protection of the occupants.

(c) Doors, windows, and other outer openings of camp facilities used for food storage, preparation, or consumption shall be screened with a mesh having at least 18 strands by 16 strands per square inch in all but the following circumstances:

(1) First floor windows if designated to be used for emergency egress;

(2) Doors which are opened for normal or emergency ingress or egress; and

(3) Any other time when such openings are left ajar for a specific purpose at such times of the day or seasons of the year so as not to allow insects into the affected room(s).

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.02 Vehicles {#sec-env-wq-905.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.02}

Any vehicle used to transport campers shall meet the applicable safety and operator requirements established by the New Hampshire department of safety.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.03 Sleeping Quarters {#sec-env-wq-905.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.03}

(a) Each permanent building in which individuals sleep shall demonstrate compliance with applicable provisions of the state fire safety code through an inspection undertaken pursuant to Env-Wq 906.02.

(b) Sleeping quarters in buildings shall meet the following criteria:

(1) Sleeping units shall be arranged to provide a minimum floor area ratio of 40 square feet per single bunk and 60 square feet per double bunk;

(2) Suitable protection shall be provided against insects;

(3) A distance of at least 6 feet shall be provided between the heads of sleepers; and

(4) A distance of at least 30 inches shall be provided between the sides of 2 adjacent beds.

(c) The number of campers in a tent shall not exceed the manufacturer’s rating for the tent.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.04 Assembly Areas {#sec-env-wq-905.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.04}

Assembly areas shall comply with applicable provisions of the state fire safety code.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.05 Drinking Water and Plumbing {#sec-env-wq-905.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.05}

(a) Water used at the YRC for drinking, food preparation, and cleanup shall comply with the drinking water standards for bacteria and nitrates specified in Env-Dw 700.

(b) No cross-connection shall exist between approved and unapproved sources of water supply. Fixtures shall be so constructed as to involve no interconnections and no hazard of back-siphonage, as specified in Env-Dw 505.

(c) All plumbing , including drinking water fountains, shall conform to the applicable requirements of the state building code as established in RSA 155-A.

(d) If the YRC does not receive drinking water from a PWS, the YRC’s source of drinking water shall be:

(1) Located to avoid contamination from buildings or wastewater disposal, if a surface water source; or

(2) Constructed in accordance with the standards for drinking water wells established by the New Hampshire water well board in We 100-1000.

(e) Drinking water shall not be removed from a source by dipping or drawing by a bucket.

(f) The distance between the YRC water supply and sanitary waste disposal shall meet the criteria set forth in Env-Wq 1000 unless a waiver is granted by the commissioner pursuant to Env-Wq 1001.03.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.06 Water Testing and Treatment {#sec-env-wq-905.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.06}

(a) A YRC served by a PWS shall not be required to undertake separate testing under this chapter unless the PWS is in violation of its monitoring schedule for bacteria or nitrate, or both, established pursuant to Env-Dw 708 at the time the YRC application is submitted to the department.

(b) If the PWS is in violation of its bacteria or nitrate monitoring schedule, the YRC shall have its drinking water analyzed for the contaminant for which the PWS is in violation within 7 days of being notified by the department.

(c) A YRC that is not served by a PWS shall have its drinking water analyzed for bacteria and nitrates within 30 days prior to the opening date of the YRC season.

(d) The analyses required by (b) or (c), above, shall be conducted by a laboratory accredited for drinking water bacteria and nitrate analyses by the department pursuant to Env-C 300.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.07 Natural Waters and Beaches {#sec-env-wq-905.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.07}

(a) Natural waters used for swimming shall meet or exceed Class B criteria as specified in RSA 485-A:8 and Env-Wq 1700.

(b) A beach that is part of the YRC property shall meet the following health criteria:

(1) The shore shall be free of litter;

(2) Domestic animals shall be prohibited from the beach and swimming area; and

(3) Detergents, personal bathing, and vehicle washing shall be prohibited in the water.

(c) Beach structures shall meet the following criteria:

(1) Diving boards shall:

a. Be firmly affixed to a dock or float; and

b. Have a top surface that is slip-resistant; and

(2) Docks, floats, and platforms shall be maintained in good repair.

(d) Safety systems and procedures for use of the beach shall be as follows:

(1) A first-aid kit shall be available at the beach, equipped with such items as lifeguard staff deem necessary to address emergency situations that are likely to occur at the waterfront;

(2) All water activities shall be permitted only under the supervision of an American Red Cross certified lifeguard or another individual certified in an equivalent national recognized course having standards no less stringent than the life guard course offered by the American Red Cross;

(3) There shall be one certified lifeguard for every 25 campers participating in water activities;

(4) There shall be at least one YRC staff member or lifeguard for each 10 campers participating in water activities;

(5) A safety accounting system for supervising and checking campers participating in water activities shall be in place;

(6) During non-instructional time, a check of campers participating in water activities shall be made at least every 15 minutes and referenced against the safety accounting system;

(7) There shall be supervised entrances and exits and a lifeguard station providing an unobstructed view of the swimming area; and

(8) The YRC shall have a lost-swimmer plan detailing procedures to be followed in an emergency.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.08 Swimming Pools {#sec-env-wq-905.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.08}

(a) A swimming pool that is part of a YRC shall meet the criteria specified in Env-Wq 1100 for public swimming pools.

(b) Safety systems and procedures for use of each pool shall be as follows:

(1) A first-aid kit shall be available at the pool, equipped with such items as lifeguard staff deem necessary to address emergency situations that are likely to occur at the pool;

(2) All water activities shall be permitted only under the supervision of an American Red Cross certified lifeguard or another individual certified in an equivalent national recognized course having standards no less stringent than the life guard course offered by the American Red Cross;

(3) There shall be one certified lifeguard for every 25 campers participating in water activities;

(4) There shall be at least one YRC staff member or lifeguard for each 10 campers participating in water activities;

(5) A safety accounting system for supervising and checking campers participating in water activities shall be in place;

(6) During non-instructional time, a check of campers participating in water activities shall be made at least every 15 minutes and referenced against the safety accounting system;

(7) There shall be supervised entrances and exits and a lifeguard station providing an unobstructed view of the swimming area; and

(8) The YRC shall have a lost-swimmer plan detailing procedures to be followed in an emergency.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.09 Toilet Facilities {#sec-env-wq-905.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.09}

(a) Toilet facilities shall:

(1) Include one toilet for every 10 persons in a resident camp;

(2) Include one toilet for every 30 persons in a day camp;

(3) Be located, constructed, and maintained to ensure safe and sanitary conditions; and

(4) Contain at least one toilet for each gender with a door or curtain for privacy.

(b) Urinals may be substituted for up to 1/3 of the toilets in toilet facilities for males.

(c) Floors and walls in toilet facilities shall be sealed with polyurethane or paint up to a height of not less than 48 inches.

(d) Badly worn or chipped toilet seats shall be repaired or replaced.

(e) All toilet facilities shall be supplied with toilet paper at all times.

(f) A sink for hand washing with soap and towels shall be available within or immediately outside the toilet facility.

(g) Privies shall meet the following conditions:

(1) The privy shall be constructed in accordance with Env-Wq 1022.01;

(2) Privies shall be located:

a. At least 100 feet from any place where food is prepared or served;

b. At least 75 feet from any surface water; and

c. At least 200 feet up-gradient of any well or spring;

(3) Privy contents shall be:

a. Removed as often as necessary to prevent the pit from being filled to within one foot of the top of the pit; and

b. Disposed of in accordance with Env-Wq 1600.

(4) The contents of the pit shall be covered daily with lime or other suitable agent to eliminate insects and odors;

(5) The materials for liming and disinfection shall be kept in proximity to the privy so as to be readily available for use;

(6) The privy and the pit shall be made fly-tight and provided with self-closing lids; and

(7) Clean and sanitary conditions shall be maintained at all times.

(h) Chemical toilets shall be maintained and pumped by a septage hauler licensed in accordance with Env-Wq 1600.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.10 Sewage Disposal Facilities {#sec-env-wq-905.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.10}

All on-site septic systems shall be designed, constructed, and maintained in accordance with Env-Wq 1000.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 905.11 Garbage and Waste Disposal; Toxic Chemical Storage {#sec-env-wq-905.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 905.11}

(a) Garbage and refuse shall be kept in durable, easily cleanable, insect-proof and rodent-proof containers that do not leak and do not absorb liquids. Plastic bags or wet-strength paper bags shall be used to line such containers when maintained inside the areas used for food storage, preparation, or consumption.

(b) Garbage and refuse containers stored outdoors and dumpsters, compactors, and compactor systems shall be:

(1) Easily cleanable;

(2) Provided with tight fitting lids, doors, or covers; and

(3) Kept covered when not in actual use.

(c) For any container equipped with a drain, the drain plug shall be in place at all times, except during cleaning.

(d) Cleaning materials, flammable materials, and toxic materials shall be:

(1) Stored in properly labeled and safe containers;

(2) Stored in an area separate from food; and

(3) Used only by or under the supervision of YRC staff.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

Part Env-Wq 906 Operating Standards: Emergency Coordination; Fire Safety Inspections; Food Service

N.H. Code Admin. R. Ann. Env-Wq 906.01 Notification of Emergency Responders {#sec-env-wq-906.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 906.01}

(a) Subject to (d), below, the YRC owner, or designee, shall notify the local police, fire, and rescue departments:

(1) Annually for year-round camps; and

(2) Immediately prior to opening for seasonal camps.

(b) The notification required by (a), above, shall:

(1) Be in writing;

(2) Include the opening and closing dates for seasonal camps; and

(3) Be delivered in hand or sent via private delivery service, U.S. Postal Service, or email.

(c) The YRC owner, or designee, shall:

(1) Retain a paper copy of the notification; and

(2) Provide it upon request to department personnel.

(d) For any YRC located within an area that is served by full-time, non-volunteer emergency response personnel even when the YRC is not in operation, notice as specified in (a), above, shall be required only if requested by the local emergency response agencies.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 906.02 Fire Safety Inspections and Compliance {#sec-env-wq-906.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 906.02}

(a) The YRC owner, or designee, shall contact local fire officials to schedule such periodic fire safety inspections as are required by local ordinances or the state fire code.

(b) The YRC owner shall make the results of the inspection available to the department upon request.

(c) If the results of the inspection are provided to the department and the results show that the YRC passed the inspection, the department shall not request the results again in the same calendar year for year-round camps or in the same season for seasonal camps.

(d) If the results of the inspection are provided to the department and the results show that the YRC did not pass the inspection, the YRC owner or designee shall provide a copy of the follow-up inspection report to the department within 10 days of receiving it.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 906.03 Storage, Handling, and Preparation of Food; Food Service; Kitchens {#sec-env-wq-906.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 906.03}

The sanitary storage, handling, and protection of all food supplies, including refrigeration of perishable products and food preparation, as well as kitchen maintenance and dishwashing, shall comply with rules of the department of health and human services, division of public health services identified as He-P 2303.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

Part Env-Wq 907 Operating Standards: Health Care

N.H. Code Admin. R. Ann. Env-Wq 907.01 Definitions {#sec-env-wq-907.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.01}

For purposes of this part, the following definitions shall apply:

(a) “Authorized staff” means a physician, a licensed health care practitioner, or YRC staff who has been trained as specified in Env-Wq 907.12(a);

(b) “Certified as an emergency medical responder” means certified as an emergency medical responder:

(1) By the United States department of transportation (USDOT); or

(2) Through a different nationally-recognized course whose standards are no less stringent than the certification standards of the USDOT;

(c) “Certified in first aid/CPR/AED” means certified in adult and pediatric first aid, cardiopulmonary resuscitation (CPR), and the use of an automated external defibrillator (AED):

(1) By the American Red Cross; or

(2) Through a different nationally-recognized course whose standards are no less stringent than the certification standards of the American Red Cross;

(d) “Certified in wilderness and remote first aid” means certified in wilderness and remote first aid:

(1) By the American Red Cross; or

(2) Through a different nationally-recognized course whose standards are no less stringent than the certification standards of the American Red Cross;

(e) “Communicable disease” means “communicable disease” as defined in RSA 141-C:2, VI, as reprinted in Appendix B;

(f) “Emergency medical services” means “emergency medical services” as defined in RSA 153-A:2, VI, as reprinted in Appendix B;

(g) “Infirmary” means the area designated at a youth recreation camp for on-site medical care of campers or of campers and YRC staff;

(h) “Licensed health care practitioner” means an individual who:

(1) Is authorized as provided in New Hampshire law to work as a registered nurse (RN), licensed practical nurse (LPN), advanced practice registered nurse (APRN), or physician’s assistant (PA); and

(2) Has had training equivalent to or more intensive than that specified in Env-Wq 907.12(a);

(i) “Physician” means, for purposes of RSA 485-A:25-b through RSA 485-A:25-f, “physician” as defined in RSA 485-A:25-b, V, and RSA 485-A:25-f, V, namely “any physician or health practitioner with the authority to write prescriptions”; and

(j) “Reportable disease” means “reportable disease” as defined in He-P 301.01, namely “a communicable disease, as defined in RSA 141-C:2, VI, required to be reported to the commissioner [of the department of health and human services (DHHS)] pursuant to RSA 141-C:7 and He-P 301.02.”

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 907.02 Required Health Staffing: Day Camps {#sec-env-wq-907.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.02}

(a) A day camp that is not operated for campers who are physically or mentally disabled shall have, whenever campers are present at the camp, the following on-site medical staff:

(1) A YRC staff member who is certified in age-appropriate first aid/CPR/AED; and

(2) If the nearest emergency medical services are greater than 20 minutes from the camp by automobile, a YRC staff member who is:

a. Certified as an emergency medical technician (EMT);

b. Certified in wilderness and remote first aid;

c. Certified as an emergency medical responder; or

d. A licensed health care practitioner or physician.

(b) A day camp that is operated for campers who are physically or mentally disabled shall have, whenever campers are present at the camp, the following on-site medical staff:

(1) A licensed health care practitioner or a physician licensed to practice in New Hampshire;

(2) A YRC staff member who is certified in age-appropriate first aid/CPR/AED; and

(3) A YRC staff member who is:

a. Certified as an EMT;

b. Certified in wilderness and remote first aid; or

c. Certified as an emergency medical responder.

(c) The YRC staff member who is certified in first aid/CPR/AED and the YRC staff member who qualifies under (a)(2) or (b)(1) or (3) may be the same individual.

(d) The YRC staff member certified in first aid/CPR/AED whose training is used to meet the requirements of (a)(1) or (b)(2), above, shall have been certified or had such certification renewed within 24 months of the opening of the YRC for the season.

(e) The YRC staff member who qualifies under (a)(2) or (b)(3), above, shall have been certified or had such certification renewed within 3 years of the opening of the YRC for the season.

(f) If a New Hampshire-licensed P.A. is used to satisfy the requirements of (b)(1), above, the P.A. shall provide a copy of the written agreement with the P.A.’s supervising New Hampshire-licensed physician to the YRC.

(g) Each health staff member shall post a copy of his or her New Hampshire license(s) in a conspicuous location in the camp office or infirmary. For health care practitioners licensed in New Hampshire, a copy of the license verification as obtained through the New Hampshire board of nursing’s on-line license verification system may be substituted for a copy of the license.

(h) The YRC owner shall ensure that all health staff comply with Lab 1403.08, regarding reducing the risk of exposure to blood-borne pathogens.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17; ss by #12780, eff 5-18-19

N.H. Code Admin. R. Ann. Env-Wq 907.03 Required Health Equipment: Day Camps {#sec-env-wq-907.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.03}

(a) A day camp shall have either:

(1) A first aid cabinet as specified in Env-Wq 907.06(a)(1); or

(2) At least one first aid kit containing such items as health staff deem necessary to address health issues likely to arise at the YRC.

(b) Excluding epinephrine auto-injectors or asthma inhalers possessed pursuant to RSA 485-A:25-b through RSA 485:25-g, all medications or prescription drugs shall be kept in a container that is:

(1) Inaccessible to campers and unauthorized YRC staff;

(2) Stored in a secondary container separate from food if in a refrigerator; and

(3) Labeled with the camper’s name to ensure identification of the medication.

(d) All medications belonging to YRC staff shall be stored separately from the campers’ medications in a container or area that is inaccessible to unauthorized individuals.

(e) The YRC shall comply with Env-Sw 904 relative to storage and disposal of infectious waste, including sharps.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 907.04 Required Health Staffing: Residence Camps {#sec-env-wq-907.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.04}

(a) A residence camp that is not operated for campers who are physically or mentally disabled where the total number of campers and YRC staff is 75 or fewer shall have, whenever campers are present at the camp, the following on-site medical staff:

(1) A YRC staff member who is certified in age-appropriate first aid/CPR/AED; and

(2) A YRC staff member who is:

a. Certified as an emergency medical technician (EMT);

b. Certified in wilderness and remote first aid;

c. Certified as an emergency medical responder; or

d. A licensed health care practitioner or physician.

(b) A residence camp that is not operated for campers who are physically or mentally disabled where the total number of campers and YRC staff is at any time greater than 75 shall have, whenever campers are present at the camp, the following on-site medical staff:

(1) A licensed health care practitioner or a physician licensed to practice in New Hampshire;

(2) A YRC staff member who is certified in age-appropriate first aid/CPR/AED; and

(3) If the nearest emergency medical services are greater than 20 minutes from the camp by automobile, a YRC staff member who is:

a. Certified as an EMT;

b. Certified in wilderness and remote first aid; or

c. Certified as an emergency medical responder.

(c) A residence camp that is operated for campers who are physically or mentally disabled shall have, whenever campers are present at the camp, the following on-site medical staff:

(1) A licensed health care practitioner or a physician licensed to practice in New Hampshire;

(2) A YRC staff member who is certified in age-appropriate first aid/CPR/AED; and

(3) A YRC staff member who is:

a. Certified as an emergency medical technician (EMT);

b. Certified in wilderness and remote first aid; or

c. Certified as an emergency medical responder.

(d) The YRC staff member who is certified in first aid/CPR/AED and the YRC staff member who qualifies under (a)(2), (b)(1) or (3), or (c)(1) or (3), above, may be the same individual.

(e) The YRC staff member certified in first aid/CPR/AED whose training is used to meet the requirements of (a)(1), (b)(2), or (c)(2), above, shall have been certified or had such certification renewed within 24 months of the opening of the YRC for the season.

(f) The YRC staff member who qualifies under (a)(2), (b)(3), or (c)(3), above, shall have been certified or had such certification renewed within 3 years of the opening of the YRC for the season.

(g) If a New Hampshire-licensed P.A. is used to satisfy the requirements of (a)(2), (b)(1), or (c)(1), above, the P.A. shall provide a copy of the written agreement with the P.A.’s supervising New Hampshire-licensed physician to the YRC.

(h) Each health staff member shall post his or her New Hampshire license(s) in a conspicuous location in the camp office or infirmary. For health care practitioners licensed in New Hampshire, a copy of the license verification as obtained through the New Hampshire board of nursing’s on-line license verification system may be substituted for a copy of the license.

(i) The YRC owner shall ensure that all health staff comply with Lab 1403.08, regarding reducing the risk of exposure to blood-borne pathogens.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17; ss by #12780, eff 5-18-19

N.H. Code Admin. R. Ann. Env-Wq 907.05 Medical Supervision at Residence Camps {#sec-env-wq-907.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.05}

(a) All residence camps shall provide by contract for 24-hour per day, 7-day per week on-call medical service and supervision of all first aid and health services in the YRC by:

(1) A physician or APRN licensed to practice in New Hampshire; or

(2) A hospital emergency service.

(b) If a physician or APRN licensed to practice in New Hampshire and having at least one of the certifications listed in Env-Wq 907.02(a) or (b)(1)-(3) is in residence at and employed by a YRC, the requirements of (a), above, shall be deemed to have been met.

(c) The physician or APRN under contract pursuant to (a) or (b), above, shall issue written instructions, signed by the physician or APRN, to the individual responsible for providing first aid, to be followed in the absence of the physician or APRN.

(d) The YRC owner or director shall post the instructions prepared pursuant to (c), above, in a conspicuous place in the infirmary.

(e) The YRC owner shall provide a telephone or other means of emergency communication in the YRC, or ensure that such communication is available within 10 minutes travel time from the YRC.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 907.06 Required Health Equipment and Facilities: Residence Camps {#sec-env-wq-907.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.06}

(a) If the YRC is a residence camp, the director shall maintain the following first aid related items at the YRC at all times:

(1) A first aid cabinet, which shall be:

a. Kept fully equipped at all times with such items as health staff deem necessary to address health issues likely to arise at the YRC; and

b. If containing prescription or non-prescription medications, locked when not in use; and

(2) A backboard with head blocks and straps and proper immobilization equipment, such as straps, cervical collar, or blankets.

(b) Camp facilities shall include any needed isolation facilities.

(c) Where the YRC provides an infirmary building or room, such quarters shall:

(1) Be isolated from the regular living and sleeping quarters to insure both quiet to the patient and safety to others; and

(2) Not be used for any other purposes.

(d) Excluding epinephrine auto-injectors or asthma inhalers possessed pursuant to RSA 485-A:25-b through RSA 485:25-g, all prescription and non-prescription medications shall be kept in a locked container that is:

(1) Inaccessible to campers and unauthorized YRC staff;

(2) Stored in a secondary container separate from food if in a refrigerator; and

(3) Labeled with the camper’s name if required by Env-Wq 907.11.

(e) All medications belonging to YRC staff shall be stored separately from the campers’ medications in a container or area that is inaccessible to unauthorized individuals.

(f) The YRC shall comply with Env-Sw 904 relative to storage and disposal of infectious waste, including sharps.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 907.07 Required Health Staffing: Off-Site Trips {#sec-env-wq-907.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.07}

(a) YRC staff supervising any off-site trip with campers shall carry a first aid kit equipped with such items as the YRC health staff deems necessary to address emergency situations that might occur.

(b) At least one YRC staff member on an off-site trip with campers shall be certified in:

(1) First aid/CPR/AED; or

(2) Wilderness and remote first aid.

(c) Subject to (d), below, on any off-site trip with campers involving boating or swimming, at least one YRC staff member shall be:

(1) Certified as a lifeguard by the American Red Cross; or

(2) Certified in an equivalent nationally-recognized course based on standards that are no less stringent than the lifeguard course offered by the American Red Cross.

(d) Having a YRC staff member be a certified lifeguard shall not be required if a certified lifeguard engaged by the owner or operator of the boating or swimming site or facility is on duty at the site or facility when the campers are boating or swimming, as applicable.

(e) Drinking water obtained during the trip from a source other than a public water system shall be considered as unsafe unless:

(1) Disinfected by adding chlorine or iodine;

(2) Filtered by the use of a drinking water filtration device intended to remove microorganisms; or

(3) Disinfected by achieving a rolling boil for one minute.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17; ss by #12780, eff 5-18-19

N.H. Code Admin. R. Ann. Env-Wq 907.08 Communicable Diseases Isolation and Reporting {#sec-env-wq-907.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.08}

(a) As required by He-P 301.03, any case or suspected case of a reportable disease, as listed in He-P 301.02, shall be reported by:

(1) The physician or licensed health care practitioner who assessed, diagnosed, or treated the individual believed to have or suspected of having a reportable disease; or

(2) When no physician or licensed health care practitioner is present, the director.

(b) The report identified in (a), above, shall include all of the information required by He-P 301.03, including the name and home address of the individual known to have or suspected of having the reportable disease.

(c) An individual with a communicable disease shall be placed in isolation and not leave or be removed from strict isolation without permission of the YRC health staff.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 907.09 Reporting of Other Illnesses {#sec-env-wq-907.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.09}

When an outbreak of suspected food poisoning or other unusual prevalence of any illness occurs in which headache, muscle stiffness, general malaise, fever, diarrhea, sore throat, vomiting, or jaundice is a prominent symptom, the health staff or director shall immediately report the existence of such an outbreak or disease as required by He-P 300.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 907.10 Required Health Information {#sec-env-wq-907.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.10}

(a) Each camper shall provide a health history and statement of health status to the director prior to entering the YRC. As specified in RSA 485-A:25-a, the examination on which the statement of health status is based may be conducted by a physician, licensed advanced registered nurse practitioner, or P.A.

(b) The health history and statement of health status required by (a), above, shall include the following:

(1) A certification that the physical examination has been completed within 2 years prior to YRC entrance;

(2) A description of any camp activities from which the camper should be exempted for health reasons;

(3) Unless exempted in accordance with RSA 141-C:20-c, of immunization as specified in He-P 301.14, as reprinted in Appendix C;

(4) A list of all known or suspected allergies;

(5) If the YRC will provide food, identification of all dietary restrictions and any food allergies not listed under (4), above;

(6) A list of all prescribed or over-the-counter medications being taken by the camper; and

(7) To the extent not covered by (2) - (6), above, a description of any current physical, mental, or psychological conditions that require medication, treatment, or special restrictions or considerations while at the YRC.

(c) The YRC owner shall retain all documentation required by (b), above, for not less than 2 years.

(d) The YRC owner or director shall:

(1) Develop a written policy to establish what health information is required for YRC staff; and

(2) Provide a copy of the policy to any parent or legal guardian of a camper or prospective camper upon request.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 907.11 Administration of Medication {#sec-env-wq-907.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.11}

(a) The availability, use, and possession of epinephrine auto-injectors and asthma inhalers shall be as specified in RSA 485-A:25-b through RSA 485-A:25-g, as reprinted in Appendix B.

(b) Prescription medications other than those listed in (a), above, and non-prescription medications other than topical substances shall be administered to campers only by authorized staff and only in accordance with the applicable medication order.

(c) If a camper’s parent or legal guardian provides written permission, YRC staff who have not been trained as specified in Env-Wq 907.12(a) may administer non-prescription topical substances to the camper.

(d) Authorized staff shall administer only those prescription medications for which there is a prescription label or written directions provided by a physician or APRN who is legally authorized to write the prescription and written permission from the camper’s parent or legal guardian.

(e) Medication orders shall be valid for no more than one year.

(f) Each medication order shall legibly display the following information:

(1) The camper’s name;

(2) The name, strength, prescribed dose, and method of administration of the medication;

(3) The frequency of administration of the medication, or if the medication is to be used on an as-needed basis, the information specified in (g), below; and

(4) The dated signature of the camper’s parent or legal guardian or a licensed health care practitioner for orders other than as shown on the prescription label.

(g) A medication order from a parent or legal guardian or a licensed health care practitioner regarding any medication that is to be administered as needed shall include:

(1) The indications and any special precautions or limitations regarding administration of the medication;

(2) The maximum dosage allowed in a 24-hour period;

(3) The dated signature of the parent or legal guardian for topical substances and non-prescription medication; and

(4) For orders other than as shown on the prescription label, the dated signature of the licensed health care practitioner for prescription medication.

(h) A written order regarding prescription medication shall not be changed except by a physician or a licensed health care practitioner having legal authority to prescribe.

(i) All prescription medications, including physician medication samples, shall:

(1) Bear a label that legibly displays the information described in (f)(1)-(3), above; and

(2) Be stored, dispensed, and administered in accordance with:

a. RSA 318 and requirements adopted pursuant thereto by the New Hampshire board of pharmacy; and

b. RSA 326-B and requirements adopted pursuant thereto by the New Hampshire board of nursing.

(j) All non-prescription medication and topical substances shall be kept in the original containers and properly closed after each use.

(k) The YRC may provide age-appropriate non-prescription topical substances, such as sunscreen, insect repellent, and over-the-counter anti-itch or anti-bacterial creams or ointments, and common non-prescription medications such as over-the-counter pain relievers and gastro-intestinal calming agents to a camper with the written permission of the camper’s parent or legal guardian.

(l) Any items provided pursuant to (k), above, shall be stored and administered as specified in this section.

(m) The director shall return any remaining medication and topical substances provided by a camper’s parent or legal guardian to the parent or legal guardian when the camper departs the YRC.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 907.12 Training for YRC Staff {#sec-env-wq-907.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.12}

(a) Prior to administering prescription or non-prescription medication to any camper, YRC staff shall:

(1) Complete and document training on medication safety and administration delivered by a physician, an APRN, an RN, or an LPN practicing under the direction of an APRN, RN, or physician; or

(2) Successfully complete a nationally-recognized course on medication safety and administration having standards that are no less stringent than the Academy of Pediatrics on-line course, Medicine Administration in Early Education and Child Care.

(b) Health staff shall complete training in medication safety and administration every 3 years.

(c) The YRC owner shall:

(1) Maintain all documentation of training in medication safety and administration on file; and

(2) Make such documentation available for review by state or local health officials upon request.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 907.13 Recordkeeping and Reporting {#sec-env-wq-907.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 907.13}

(a) For each camper receiving medication, YRC health staff shall maintain the following information on file:

(1) For each medication prescribed for a camper, the written medication order as specified in Env-Wq 907.11 and any special considerations for administration of the medication;

(2) Written authorization from the camper’s parent or legal guardian to administer the medication, which includes a statement that the camper has received the specific medication prior to entering the YRC;

(3) The name and contact information of the camper’s parent or legal guardian who is to be notified if required by (d), below; and

(4) Any allergies the camper is known to have or is suspected to have.

(b) The record required by (a), above, shall be updated with a written record of each dose of medication, excluding topical substances, administered to the camper.

(c) The written record required by (a), above, shall:

(1) Be maintained on file and made available for review by state or local health officials;

(2) Be completed by the YRC staff who administered the medication immediately after the medication is administered; and

(3) For each administered medication, include:

a. The name of the camper;

b. The date and time the medication was taken;

c. A notation of any deviation from the medication order provided pursuant to Env-Wq 907.11 in the administration of a medication and the reason why the medication was not taken as ordered or approved;

d. The dated signature of the authorized staff who administered the medication to the camper;

e. For administration of an as-needed medication, the reason for administration; and

f. Any other information that is relevant to the administration of the medication.

(d) In the event of any deviation from the administration of medication as described in (3)c., above, the director or designee shall:

(1) Note the deviation in the record required by (c), above; and

(2) Notify the camper’s parent or legal guardian immediately.

(e) In the event of an error in the documentation of the administration of medication, the director or designee shall identify the error and provide correct information in the record as soon as the error is identified.

(f) The director shall make the records required by this section available for review by state and local health officials upon request.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

Part Env-Wq 908 Waivers

N.H. Code Admin. R. Ann. Env-Wq 908.01 Purpose and Applicability {#sec-env-wq-908.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 908.01}

(a) The purpose of this part is to accommodate situations and circumstances at youth recreation camps (YRCs) and youth skill camps (YSCs) where strict compliance with all requirements established herein may not be necessary for the protection of the safety and health of the individuals who attend or provide services at such camps.

(b) The provisions of this part shall be used to request a waiver from any requirement established in this chapter.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 908.02 Application {#sec-env-wq-908.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 908.02}

(a) A request for a waiver shall be filed:

(1) For a waiver related to a YRC, with the application for a YRC license or as soon thereafter as the need for the waiver is identified; and

(2) For a waiver related to a YSC, as soon as the YSC operator identifies the need for a waiver.

(b) The person requesting the waiver shall include the following information with each such request:

(1) A specific reference to the section of the rule for which a waiver is being sought;

(2) A full explanation of why a waiver is necessary;

(3) A full explanation of the alternative(s) proposed to be implemented if a waiver is granted, if any;

(4) Whether the waiver is needed for a limited time and, if so, what that time period is; and

(5) A full explanation of why granting the waiver will not jeopardize the health and safety of the individuals who attend or provide services to the YRC or YSC, as applicable.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 908.03 Decision on Request for Waiver {#sec-env-wq-908.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 908.03}

(a) Subject to (b), below, the department shall grant a waiver if it determines that granting a waiver will not jeopardize the health and safety of the individuals who attend or provide services to the YRC or YSC, as applicable. In granting a waiver, the department shall impose such conditions, including time limitations, as the department deems necessary to ensure that the health and safety of the individuals who attend or provide services to the YRC or YSC, as applicable, are protected.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify a statutory requirement, unless the statute expressly provides that the requirement may be waived or modified.

(c) If a waiver is granted, the waiver shall:

(1) Be made part of the license, if for a YRC; or

(2) Be issued in writing to the YSC operator.

(d) If the waiver request is denied, the department shall notify the person requesting the waiver in writing of the decision and the reason(s) for the decision.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

Part Env-Wq 909 Certification Required for Youth Skill Camps

N.H. Code Admin. R. Ann. Env-Wq 909.01 Purpose {#sec-env-wq-909.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 909.01}

The purpose of these rules is to implement RSA 485-A:24, II relative to operators of youth skill camps maintaining and implementing an appropriate policy regarding background checks for camp owners, employees, and volunteers who might be left alone with any child or children and certifying to the department that no such individual has a criminal conviction for the offenses listed therein.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 909.02 Applicability {#sec-env-wq-909.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 909.02}

(a) These rules shall apply to all youth skill camps as defined in Env-Wq 909.03(i).

(b) These rules shall not apply to:

(1) Any recreation camp as defined in RSA 485:23, I, and regulated under Env-Wq 903-907;

(2) Any child day care agency as defined in RSA 170-E:2, IV;

(3) Any private home in which a skill is taught to a child pursuant to an agreement between the child’s parent or guardian and the instructor; and

(4) Any class or program that otherwise would qualify as a youth skills camp as defined in Env-Wq 909.03(i) that is conducted or offered by an educational institution regulated under Title XV of New Hampshire’s codified statutes, including public and nonpublic institutions, provided that:

a. A criminal history records check as described in RSA 189:13-a is completed on each employee and volunteer of the public or nonpublic institution who might be left alone with a child or children during the class or program; and

b. A check of the national sex offender public registry is completed for each employee and volunteer covered by a. above.

(c) As provided in RSA 485-A:24, II(c), any individual or entity that owns property on which a YSC operates or that owns buildings or structures in which a YSC operates in whole or in part shall not be required to conduct background checks and submit certifications to the department, provided such person or entity obtains written certification signed by the YSC operator stating that background checks have been completed in accordance with RSA 485-A:24, II.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 909.03 Definitions {#sec-env-wq-909.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 909.03}

For purposes of this part, the following definitions shall apply:

(a) “Camp staff” means the owner and operator of a youth skill camp and any employee, volunteer, or other individual employed or otherwise associated with the youth skill camp, whether for pay or not, to interact directly with youths in a setting where a single staff member might be left alone with any child or children;

(b) “Child” mean an individual under 18 years of age;

(c) “Background check policy” means the policy required by RSA 485-A:24, II(a) relative to background checks for all camp staff who might be left alone with any child or children;

(d) “Minor” means an individual under 18 years of age;

(e) “Program” as used in the definition of “youth skill camp” means a specific curriculum that:

(1) Has been developed by individuals knowledgeable and experienced in the field to impart a specific skill over a period of 3 or more consecutive days; and

(2) Is taught by at least one instructor who is knowledgeable and experienced in the skill being imparted;

(f) “State of residence” means a state in which an individual who is subject to the background check required by RSA 485-A:24, II currently lives or has lived, whether on a permanent or temporary basis, after attaining the age of 18 years;

(g) “Validated database” means a database that includes:

(1) Felonies and misdemeanors in each state other than New Hampshire; and

(2) Felonies in New Hampshire;

(h) “Youth” means a minor who attends a youth skill camp;

(i) “Youth skill camp (YSC)” means “youth skill camp” as defined in RSA 485-A:23, II, as reprinted in Appendix B, that is not also a recreation camp as defined in RSA 485-A:23, I;

(j) “YSC operator” means the person that has primary responsibility for the day-to-day operation and management of a YSC. The YSC operator might also be the YSC owner; and

(k) “YSC owner” means the person that owns and is ultimately responsible for the operation and management of a YSC. The YSC owner might also be the YSC operator.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 909.04 Required Background Check Policy {#sec-env-wq-909.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 909.04}

(a) The background check policy required by RSA 485-A:24, II(a) shall be adequate to ensure that no camp staff has a criminal conviction for any of the offenses listed therein, specifically:

(1) Causing or threatening direct physical injury to any individual; or

(2) Causing or threatening harm of any nature to any child or children.

(b) A background check policy shall be deemed to meet the requirement of (a), above, if it:

(1) Requires all camp staff who might be left alone with a child or children to be subject to a background check, as described in Env-Wq 909.05, prior to initially being left alone with a child or children and not less than once in each calendar year thereafter;

(2) Prohibits any staff member who has not been subject to the required background check from working directly with any youth(s) unless a staff member for whom the background check has been completed is also present;

(3) Requires the YSC operator to review:

a. The results of the background checks and certifications, for compliance with the established YSC policy and RSA 485-A:24, II; and

b. Any references, employment history, and volunteer history submitted by or for each camp staff member, to determine whether to allow the individual to work directly with youths at the YSC;

(4) As required by RSA 485-A:24, II(e), identifies the frequency of the background checks and the sources used to conduct the background checks; and

(5) Requires the YSC operator to maintain an up-to-date listing of all staff members who are in a position such that it is possible they could be left alone with children, together with the status of their background checks.

(c) As specified in RSA 485-A:24, II(d), a background check policy may include more stringent requirements for background checks than specified in (b), above, provided:

(1) The requirement of (a), above, is met; and

(2) The more stringent requirements are explicitly identified in the policy and in the certification explained in Env-Wq 909.07.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 909.05 Background Checks {#sec-env-wq-909.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 909.05}

(a) Subject to (b) through (d), below, the background check required by each YSC’s background check policy shall comprise:

(1) A criminal background check in each state of residence of the potential staff member, which may be done through a validated database that includes current information for each such state of residence or through the state identification bureau of each state of residence; and

(2) A check of the national sex offender public registry.

(b) For any volunteer or employee younger than 18 years old who will be left alone with a child or children, the background check policy shall require the minor to provide a minimum of 2 written references to the YSC operator, at least one of which is from a non-relative, attesting to their knowledge of the minor’s character as it relates to whether the minor has caused or threatened to cause direct physical injury to any individual or harm of any nature to any child or children and their opinion on whether the minor is a good candidate to work directly with youth.

(c) For any licensed health professional who is required to submit to a background check in order to be licensed, the YSC operator may accept a currently-valid professional license as proof of compliance with this part if the background check:

(1) Includes both elements required by (a), above, provided that if the background check required for licensure does not include a check of the national sex offender public registry then the professional license shall be accepted only for compliance with (a)(1), above; and

(2) Was performed or validated within the prior 12 months.

(d) For any camp staff who has not resided in the United States and who enters the country under the auspices of an organization that provides opportunities for foreign nationals to be a counselor at a camp in the United States, such as the International Camp Counselor Program (ICCP), Camp America, British University North America Club (BUNAC), Camp Leaders, or Camp Counselors USA (CC USA), the background check policy shall allow the YSC operator to rely on the background check that is required to obtain the applicable visa.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 909.06 Release of Information Regarding Background Checks {#sec-env-wq-909.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 909.06}

(a) Each YSC owner and each YSC operator shall maintain the information received as a result of performing background checks as confidential information.

(b) The YSC operator shall provide information as to whether a background check has been completed on camp staff to any parent or guardian of a youth who requests the information.

(c) The YSC operator shall provide a copy of the listing required by Env-Wq 909.04(b)(5) to the department for review upon request.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 909.07 Required YSC Certification {#sec-env-wq-909.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 909.07}

(a) The YSC operator shall make the certification required by RSA 485-A:24, II(a) by providing the following information on a form obtained from the department:

(1) The calendar year for which the certification is being made;

(2) The complete legal name of the YSC, including any trade name or other name used by the YSC;

(3) The municipality of each location in New Hampshire where the YSC operates or will operate;

(4) The name, primary mailing address, physical address if different, and daytime telephone number, including area code, of the YSC operator and an e-mail address, if any;

(5) If the YSC operator is other than an individual, the name, title, daytime telephone number, and, if available, e-mail address for an individual authorized by the YSC operator to act on the operator’s behalf;

(6) If the YSC operator is not the YSC owner, the name, primary mailing address, and daytime telephone number, including area code, of the YSC owner and an e-mail address, if any;

(7) The YSC web or social media network site address(es), if any; and

(8) The anticipated number of sessions to be offered, the anticipated length of each session, and the general area in which a skill will be taught, such as computer programming, music, or a specific sport.

(b) The YSC operator or authorized representative shall sign and date the completed certification form and print or type his or her name on the certification form prior to submitting it to the department.

(c) The signature required by (b), above, shall constitute certification that:

(1) The signer is the YSC operator or has been authorized by the YSC operator to sign the certification;

(2) A background check policy that meets the requirements of RSA 485-A:24, II and Env-Wq 909 is in place;

(3) Background checks for the camp staff who might be left alone with a child or children have been conducted and reviewed as required by RSA 485-A:24, II and Env-Wq 909;

(4) Background checks will be conducted and reviewed for all new camp staff brought on after the date of the initial certification as required by RSA 485-A:24, II and Env-Wq 909;

(5) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(6) The signer understands that he or she is subject to the penalties for unsworn falsification specified in RSA 641:3 or any subsequent statute if the information is false, incomplete, or misleading.

(d) If any camp staff is added subsequent to filing the required certification, the YSC operator shall conduct a background check for such staff prior to the staff working directly with any youth(s) unless a staff member for whom the background check has been completed is also present.

(e) The YSC operator shall submit the required certification form:

(1) Prior to any youth arriving at the YSC in each calendar year that the YSC operates; and

(2) Subject to (f), below, with the fee required by RSA 485-A:24, II(b), which if paid by check or money order shall be made payable to “Treasurer - State of New Hampshire”.

(f) No fee shall be required if the YSC operator is a political subdivision.

(g) The required certification shall be valid only for the calendar year in which it is submitted.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17

N.H. Code Admin. R. Ann. Env-Wq 909.08 Review and Availability of YSC Policies {#sec-env-wq-909.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 909.08}

The YSC operator shall:

(a) Review the background check policy each year prior to the opening of the YSC camp and make adjustments if needed;

(b) Make the policy available through the YSC’s web or social media network site, if the YSC has a web presence; and

(c) Make the policy available to the department and public for review upon request.

Appendix A: State Statutes Implemented

Rule Sections

State Statues Implemented

Env-Wq 901 - Env-Wq 902

RSA 485-A:23; RSA 485-A:24

Env-Wq 903

RSA 485-A:24; RSA 485-A:25, I(a)

Env-Wq 904 - Env-Wq 906

RSA 485-A:23; RSA 485-A:24

Env-Wq 907

RSA 485-A:23; RSA 485-A:24; RSA 485-A:25-a

Env-Wq 908

RSA 541-A:22, IV

Env-Wq 909

RSA 485-A:24, II

Appendix B

Appendix B: Statutory Definitions and Related Statutory Provisions

RSA 141-A:2

VI. “Communicable disease” means illness due to a microorganism, virus, infectious substance, biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, which may be transmitted directly or indirectly to any person from an infected person, animal or arthropod (including insecta or arachnida) or through the vehicle of an intermediate host, vector, or inanimate environment.

RSA 153:1

VI-a. “New Hampshire fire code” or “state fire code” means the adoption by reference of the Life Safety Code 2015 edition and the Uniform Fire Code NFPA 1, 2009 edition, as published by the National Fire Protection Association and as amended by the state board of fire control and ratified by the general court pursuant to RSA 153:5. The provisions of any other national code, model code, or standard referred to within a code listed in this definition shall be included in the state fire code unless amended in accordance with RSA 153:5.

RSA 153-A:2

VI. “Emergency medical services” means the pre-hospital assessment and treatment of a sick or injured individual initiated at the scene of an incident and continued through the transport and transfer, if found appropriate, of the individual to a medical facility or other appropriate location in order to prevent loss of life or aggravation of physiological or psychological illness or injury.

RSA 485:1-a

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

(c) Does not sell water to any person.

RSA 485-A:2

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

RSA 485-A:23

I. “Recreation camp” means any place set apart for recreational purposes for boys and girls. It shall not be construed to apply to private camps owned or leased for individual or family use, or to any camp operated for a period of less than 10 days in a year.

II. “Youth skill camp” means a nonprofit or for-profit program that lasts 8 hours total or more in a year for the purpose of teaching a skill to minors. Such camps include, but are not limited to, the teaching of sports, the arts, and scientific inquiry.

RSA 485-A:25-b Possession and Use of Epinephrine Auto-Injectors at Recreation Camps. – A recreation camp shall permit a child with severe, potentially life-threatening allergies to possess and use an epinephrine auto-injector, if the following conditions are satisfied:

I. The child has the written approval of the child's physician and the written approval of the parent or guardian. The camp shall obtain the following information from the child's physician:

(a) The child's name.

(b) The name and signature of the licensed prescriber and business and emergency numbers.

(c) The name, route, and dosage of medication.

(d) The frequency and time of medication administration or assistance.

(e) The date of the order.

(f) A diagnosis and any other medical conditions requiring medications, if not a violation of confidentiality or if not contrary to the request of the parent or guardian to keep confidential.

(g) Specific recommendations for administration.

(h) Any special side effects, contraindications, and adverse reactions to be observed.

(i) The name of each required medication.

(j) Any severe adverse reactions that may occur to another child, for whom the epinephrine auto-injector is not prescribed, should such a pupil receive a dose of the medication.

II. The recreational camp administrator or, if a nurse is assigned to the camp, the nurse shall receive copies of the written approvals required by paragraph I.

III. The child's parent or guardian shall submit written verification from the physician confirming that the child has the knowledge and skills to safely possess and use an epinephrine auto-injector in a camp setting.

IV. If the conditions provided in this section are satisfied, the child may possess and use the epinephrine auto-injector at the camp or at any camp-sponsored activity, event, or program.

V. In this section, “physician” means any physician or health practitioner with the authority to write prescriptions.

RSA 485-A:25-c Use of Epinephrine Auto-Injector. – Immediately after using the epinephrine auto-injector, the child shall report such use to the nurse or another camp employee to enable the nurse or camp employee to provide appropriate follow-up care.

RSA 485-A:25-d Availability of Epinephrine Auto-Injector. – The recreational camp nurse or, if a nurse is not assigned to the camp, the recreational camp administrator shall maintain for the use of a child with severe allergies at least one epinephrine auto-injector, provided by the child, in the nurse's office or in a similarly accessible location.

RSA 485-A:25-e Immunity. – No recreational camp or camp employee shall be liable in a suit for damages as a result of any act or omission related to a child's use of an epinephrine auto-injector if the provisions of RSA 485-A:25-b have been met, unless the damages were caused by willful or wanton conduct or disregard of the criteria established in that section for the possession and self-administration of an epinephrine auto-injector by a child.

RSA 485-A:25-f Possession and Use of Asthma Inhalers at Recreation Camps. – A recreation camp shall permit a child to possess and use a metered dose inhaler or a dry powder inhaler to alleviate asthmatic symptoms, or before exercise to prevent the onset of asthmatic symptoms, if the following conditions are satisfied:

I. The child has the written approval of the child’s physician and the written approval of the parent or guardian. The camp shall obtain the following information from the child's physician:

(a) The child's name.

(b) The name and signature of the licensed prescriber and business and emergency numbers.

(c) The name, route, and dosage of medication.

(d) The frequency and time of medication administration or assistance.

(e) The date of the order.

(f) A diagnosis and any other medical conditions requiring medications, if not a violation of confidentiality or if not contrary to the request of the parent or guardian to keep confidential.

(g) Specific recommendations for administration.

(h) Any special side effects, contraindications, and adverse reactions to be observed.

(i) The name of each required medication.

(j) At least one emergency telephone number for contacting the parent or guardian.

II. The recreational camp administrator or, if a nurse is assigned to the camp, the nurse shall receive copies of the written approvals required by paragraph I.

III. The child's parent or guardian shall submit written verification from the physician confirming that the child has the knowledge and skills to safely possess and use an asthma inhaler in a camp setting.

IV. If the conditions provided in this section are satisfied, the child may possess and use the inhaler at the camp or at any camp sponsored activity, event, or program.

V. In this section, “physician” includes any physician or health practitioner with the authority to write prescriptions.

RSA 485-A:25-g Immunity. – No recreational camp or camp employee shall be liable in a suit for damages as a result of any act or omission related to a child's use of an inhaler if the provisions of RSA 485-A:25-f have been met, unless the damages were caused by willful or wanton conduct or disregard of the criteria established in that section for the possession and self-administration of an asthma inhaler by a child.

Appendix C: Cited Rules

He-P 301.14 Immunization Requirements.

(a) The number of immunization doses, dosage, route of administration, spacing and age requirements shall be defined by the Recommended Immunization Schedules for Persons Aged 0-18 years – United States, 2008, as published by the Centers for Disease Control and Prevention (CDC) and as approved by the Advisory Committee on Immunization Practices (ACIP), the American Academy of Pediatrics (AAP) and the American Academy of Family Physicians (AAFP).

(b) No child shall be admitted or enrolled in public or private, primary or secondary schools or child care agency without showing documentation, as defined in He-P 301.01 (n), of having received age-appropriate and acceptable immunization in accordance with current department immunization requirements for the following vaccines:

(1) Five doses of diphtheria, tetanus, pertussis (DTP), or diphtheria, tetanus, acellular pertussis (DTaP) vaccines, unless the fourth dose has been administered after the fourth birthday, in which case only 4 doses are required:

a. When pertussis vaccine is medically contraindicated, diphtheria-tetanus toxoid (DT) shall be substituted for DTaP vaccine;

b. When a child is between 7 and 10 years of age and requires additional immunizations to satisfy He-P 301.14(c)(1), tetanus-diphtheria toxoid (Td) shall be substituted for DTP, DTaP, or DT vaccine;

c. When a child is 11 years of age or older, and it has been 5 years or longer since the last documented dose of a tetanus toxoid containing immunization, the child shall receive a booster dose of tetanus, diphtheria acellular pertussis (Tdap) vaccine, except if the child has a medical contraindication to pertussis vaccine, in which case the child shall receive Td; and

d. For children 7 years of age or older, a minimum of 3 or 4 doses, with the last dose administered after age 4, of diphtheria, tetanus, pertussis (DTP), diphtheria, tetanus, acellular pertussis (DTaP), or Td vaccines, or a total of 5 doses;

(2) Four doses of trivalent polio vaccine, unless the third dose of an all oral polio vaccine (OPV) or all inactivated polio vaccine (IPV) series has been administered after the fourth birthday, in which case only 3 doses are required;

(3) One dose of measles (live), mumps, rubella (MMR) vaccine given at or after 12 months of age;

(4) All students in grades kindergarten through 12th shall have received 2 valid doses of measles, mumps and rubella vaccine;

(5) Three doses of hepatitis B vaccine for children born on or after January 1, 1993; and

(6) For varicella vaccine:

a. All children entering kindergarten, first grade and sixth grade shall have received one valid dose of varicella vaccine; and

b. Beginning the 2009/2010 school year, all children entering kindergarten, first grade and sixth grade shall have received two valid doses of varicella vaccine.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 900) #12364, eff 9-1-17
• 2003, 50:2, eff. Aug. 15, 2003.
• 2003, 50:2, eff. Aug. 15, 2003.
• 2003, 50:2, eff. Aug. 15, 2003.
• 2003, 50:2, eff. Aug. 15, 2003.
• 2003, 51:4, eff. Aug. 15, 2003.
• 2003, 51:4, eff. Aug. 15, 2003.

Chapter Env-Wq 1000 Subdivisions; Individual Sewage Disposal Systems

Part Env-Wq 1001 Purpose; Applicability; Waivers; Statutory Definitions

N.H. Code Admin. R. Ann. Env-Wq 1001.01 Purpose {#sec-env-wq-1001.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1001.01}

The purpose of these rules is to implement RSA 485-A:29-44 relative to subdivisions and individual sewage disposal systems, in order to protect water supplies, prevent pollution in the surface and groundwaters of the state, and prevent nuisances and potential health hazards.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1001.02 Applicability {#sec-env-wq-1001.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1001.02}

These rules shall apply to:

(a) Individual sewage disposal systems (ISDSs) as defined herein;

(b) Proposed subdivisions where the structures are or will be served by ISDSs as regulated hereunder;

(c) Developed waterfront property that is subject to RSA 485-A:39; and

(d) Innovative or alternative technology for ISDSs for which approval is sought to allow use of the technology in New Hampshire.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1001.03 Waivers {#sec-env-wq-1001.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1001.03}

(a) Subject to (h), below, anyone filing an application for approval of an ISDS who wishes to obtain a waiver of one or more specific requirements established in this chapter shall request the waiver as set forth in this section.

(b) A request for a waiver shall be submitted to the department with the application or as soon thereafter as the need for the waiver becomes known.

(c) An applicant requesting a waiver shall complete and submit either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form the "Waiver Request for ISDS Approval", NHDES-W-05-012, February 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-05-012.

(d) The applicant, the ISDS owner, and the property owner, if other than the applicant or ISDS owner, shall sign and date each waiver request.

(e) Each signature provided pursuant to (d), above, shall constitute certification by the signer that:

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

(2) The signer understands that the submission of false, incomplete, or misleading information constitutes grounds for the department to:

a. Deny the waiver request and the application to which it relates;

b. Revoke any waiver or approval that is granted based on the information;

c. If the signer is a permitted designer, suspend, revoke, or refuse to renew the designer’s permit; and

d. If the signer is a professional engineer, refer the matter to the office of professional licensure and certification.

(f) In addition to the requirements of any other applicable rule or law, the department shall grant a waiver of a rule if it determines that:

(1) Granting the waiver will not result in an adverse effect on public health or the environment that is greater than adherence to the applicable rule;

(2) The purposes and intent of RSA 485-A will be met if the waiver is granted; and

(3) Granting the waiver will not have the effect of waiving or modifying a statutory requirement.

(g) If the department determines that an applicant is unable to meet the standard in (f)(1), the department shall grant a waiver of a rule if it determines that:

(1) A waiver is necessary to:

a. Allow an existing legal use to continue;

b. Accommodate an expansion of an existing use, so long as the requested waiver is not for requirements regarding tank size, bed size, or bed setbacks to wetlands with very poorly drained soils or surface waters; or

c. Allow a lot of record created prior to September 1, 1989 or exempt from subdivision approval under Env-Wq 1003.11 to be used for a structure discharging up to 300 gallons per day so long as the requested waiver is not for requirements regarding tank size, bed size, or bed setbacks to wetlands with very poorly drained soils or surface waters;

(2) Any adverse effect or impact is minimized to the maximum extent practicable; and

(3) The requirements in (f)(2) and (3) are met.

(h) Each waiver granted shall:

(1) Be part of the written approval of the application;

(2) Include such conditions as are necessary to ensure the criteria in (f), above, are met;

(3) Expire with the approval; and

(4) Be transferable with the approval.

(i) If a waiver is denied and the denial causes the application to not be approvable, the denial of the waiver shall be in writing as part of the denial of the application.

(j) As specified in RSA 485-A:41, IV, no waiver of rules relating to site loading or setback distances to groundwater or surface waters, sometimes also called separation distances, shall be allowed for an ISDS on a lot created after September 1, 1989.

(k) If the full extent of a setback cannot be met due to lot size or other limitations and a waiver is obtained pursuant to this section, the setback reduced by the waiver shall be as close to the specified distance as possible.

(l) An applicant may request a waiver of any rule requirement so long as the applicable rule does not explicitly state it shall not be waived.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12955, eff 12-21-19; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1001.04 Statutory Definitions {#sec-env-wq-1001.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1001.04}

When used in these rules, the terms listed in Table 1001-1, below, shall have the meaning assigned by the statute identified, as reprinted in Appendix C:

Table 1001-1: Statutory Definitions

Term

Statute

Bedroom

RSA 485-A:2, XX

Commissioner

RSA 485-A:2, I-c

Department

RSA 485-A:2, III

Developed waterfront property

RSA 485-A:2, I

Development plan

RSA 485-A:2, II

Failure

RSA 485-A:2, IV

Innovative/alternative waste treatment

RSA 485-A:2, XXI

Lot

RSA 485-A:2, VII

Manufactured housing

RSA 205-A:1, I

Manufactured housing park (MHP)

RSA 205-A:1, II

Other wastes

RSA 485-A:2, VIII

Person

RSA 485-A:2, IX

Primary building line

RSA 483-B:4, XIII

Protected shoreland

RSA 483-B:4, XV

Public water system

RSA 485:1-a, XV

Recreational campground or camping park

RSA 216-I:1, VII

Reference line

RSA 483-B:4, XVII

Sewage

RSA 485-A:2, X

Sewage disposal system

RSA 485-A:2, XI

Shoreland frontage

RSA 483-B:4, XX-a

Subdivider

RSA 485-A:2, XII

Subdivision

RSA 485-A:2, XIII

Supplier of water

RSA 485:1-a, XVI

Surface waters of the state

RSA 485-A:2, XIV

Tract or parcel of land

RSA 485-A:2, XV

Water well contractor

RSA 482-B:2, VI

Wetlands

RSA 482-A:2, X

Woodland buffer

RSA 483-B:4, XXVII

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1002 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1002.01 Aeration tank {#sec-env-wq-1002.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.01}

“Aeration tank” means a tank in which wastewater is brought into contact with air for the purposes of facilitating biological degradation.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.02 Applicant {#sec-env-wq-1002.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.02}

“Applicant” means:

(a) For a subdivision application pursuant to Env-Wq 1003.06, a permitted designer, licensed land surveyor, or the company that employs the permitted designer or licensed land surveyor; and

(b) For an ISDS application pursuant to Env-Wq 1003.12, a permitted designer or the company that employs the permitted designer.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.03 Approval to operate {#sec-env-wq-1002.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.03}

“Approval to operate” means written approval to cover and use or operate the constructed ISDS, which is issued only after inspection by department staff under RSA 485-A:29, I.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.04)

N.H. Code Admin. R. Ann. Env-Wq 1002.04 Approved plans and specifications {#sec-env-wq-1002.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.04}

“Approved plans and specifications” means the plan(s) submitted for a proposed ISDS that have been approved by the department, together with the associated specifications for the proposed ISDS. Prior to approval to operate being granted, the term includes the construction approval for the same proposed ISDS. Subsequent to approval to operate being granted, the term includes the approval to operate for the same proposed ISDS.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.05)

N.H. Code Admin. R. Ann. Env-Wq 1002.05 Basal area {#sec-env-wq-1002.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.05}

“Basal area” is the interface between the existing ground surface, after the removal of organic matter and roots, and the bottom of an effluent disposal area (EDA), including fill extensions for mounded systems as applicable.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.06 Bed {#sec-env-wq-1002.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.06}

“Bed” means the portion of an effluent disposal area that contains the effluent conduits and the sand, septic stone, or other materials, or any combination thereof, that are integral to the dispersal of effluent from the conduits.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.07 Biomat interface {#sec-env-wq-1002.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.07}

“Biomat interface” means a biologically active layer that forms between the bottom of the bed and the underlying fill material or receiving layer or, in the case of large diameter graveless pipe systems, on the inside of the non-woven fabric wrap.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.08 Bunkhouse {#sec-env-wq-1002.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.08}

“Bunkhouse” means a structure that:

(a) Serves solely as a supplementary sleeping area for a residence;

(b) Has no kitchen or other cooking facilities;

(c) Has no shower or bathing facilities; and

(d) Has no interior connection to the residence.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.09 Cesspool {#sec-env-wq-1002.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.09}

“Cesspool” means an in-ground pit into which raw or partially-treated sewage or other essentially untreated wastes are discharged and from which the liquid seeps or leaches into the surrounding soil.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.10 Chamber system {#sec-env-wq-1002.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.10}

“Chamber system” means an ISDS in which effluent is dispersed equally through preformed, interconnected, open bottom precast concrete units, called chambers, that are not subject to an innovative technology approval pursuant to Env-Wq 1024, and that also provide effluent storage space and mechanical support for the soil overburden.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.11 Cluster subdivision {#sec-env-wq-1002.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.11}

“Cluster subdivision” means an open space/conservation subdivision.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.12 Commercial {#sec-env-wq-1002.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.12}

“Commercial” means of or relating to activities conducted to provide goods or services, or both, or to create, manufacture, or otherwise produce goods of any kind, whether for profit or not, regardless of where the activities occur. The term does not include home office activities conducted in a residence where no non-domestic wastewater is generated. The term includes other business and industrial operations that are conducted in a portion of a residence.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.13 Composite average slope {#sec-env-wq-1002.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.13}

“Composite average slope” means the measurement of an incline by a single value that represents the average of a set of unequal values.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.14 Construction approval {#sec-env-wq-1002.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.14}

“Construction approval” means written approval for construction of an ISDS.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.15 Conventional stone-and-pipe system {#sec-env-wq-1002.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.15}

“Conventional stone-and-pipe system” means an ISDS in which effluent is dispersed through small-diameter pipe that is perforated only on the lower half and that lies within a layer of septic stone.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.16 Department staff {#sec-env-wq-1002.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.16}

“Department staff” means an employee or agent of the department who is authorized by the department to review and discuss preliminary plans for subdivision or ISDS, or both, to advise on modifications, and to approve plans for subdivisions or ISDS, or both, and installations of ISDS for the department.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.17 Design intent {#sec-env-wq-1002.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.17}

“Design intent” means a statement of the elevation of the actual bed bottom in relation to an established reference elevation on site.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.18 Domicile {#sec-env-wq-1002.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.18}

“Domicile” means that place where an individual has their true, fixed, and permanent home and principal establishment, and to which, whenever they are absent, the individual has the intention of returning. An individual might have more than one residence, but has only one domicile.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.19 Do not backfill order {#sec-env-wq-1002.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.19}

“Do not backfill order” means a written notice issued by department staff to the installer of an ISDS that has not been installed in accordance with the approved plans and specifications.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.20 Drainage ditch {#sec-env-wq-1002.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.20}

“Drainage ditch” means a narrow channel dug in the ground for drainage, located in uplands and above the seasonal high water table observed by a permitted designer.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.21 Drainage swale {#sec-env-wq-1002.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.21}

“Drainage swale” means a vegetated area where waters flow to such a limited extent that neither channels nor wetlands vegetation develop.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.20)

N.H. Code Admin. R. Ann. Env-Wq 1002.22 Dry well {#sec-env-wq-1002.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.22}

“Dry well” means an effluent disposal area constructed as a covered, underground pit with an open-jointed or perforated lining and surrounded with septic stone, into which effluent is discharged for final disposal into the surrounding soil. The term includes seepage pit and effluent disposal pit.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.21)

N.H. Code Admin. R. Ann. Env-Wq 1002.23 Effluent {#sec-env-wq-1002.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.23}

“Effluent” means the liquid component of sewage after solids have settled out.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.22)

N.H. Code Admin. R. Ann. Env-Wq 1002.24 Effluent conduit {#sec-env-wq-1002.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.24}

“Effluent conduit” means the structure through which effluent travels to reach the surrounding material in a bed. The term includes large-diameter graveless pipes, chambers, small-diameter perforated pipes, and any other conduit approved under Env-Wq 1024.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.23)

N.H. Code Admin. R. Ann. Env-Wq 1002.25 Effluent disposal area (EDA) {#sec-env-wq-1002.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.25}

“Effluent disposal area (EDA)” means the bed of an ISDS and any required fill extensions. If no fill extension is required, the bed and the EDA are the same area.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.24)

N.H. Code Admin. R. Ann. Env-Wq 1002.26 Expansion {#sec-env-wq-1002.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.26}

“Expansion” means an increase in the size of an existing structure or of a structure that is being rebuilt after having been damaged or destroyed. The term does not include an expansion of use of an existing structure.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.25)

N.H. Code Admin. R. Ann. Env-Wq 1002.27 Expansion of use {#sec-env-wq-1002.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.27}

“Expansion of use” means modifying the use of an existing structure in a way that results in an actual or potential increase in the volume of wastewater discharged to the ISDS serving the structure. The term includes any activity that would increase the load on a sewage disposal system as that phrase is defined in Env-Wq 1002.39.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.26)

N.H. Code Admin. R. Ann. Env-Wq 1002.28 Fill extension {#sec-env-wq-1002.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.28}

“Fill extension” means the area of horizontal fill around a bed in a raised system or a system on a slope. The term does not include side slopes.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.27)

N.H. Code Admin. R. Ann. Env-Wq 1002.29 Full-time use {#sec-env-wq-1002.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.29}

“Full-time use” or “full-time occupancy” means that a structure:

(a) Is occupied for 9 or more months out of 12 consecutive months; or

(b) Meets all of the following criteria:

(1) Has insulation;

(2) Has a heating system;

(3) Is served by a potable year-round water supply;

(4) Has indoor plumbing and a wastewater disposal system that does not discharge untreated waste water directly to the ground, to surface waters, or to groundwater; and

(5) Is served by a full-time power source.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.30 Gallons per day (GPD) {#sec-env-wq-1002.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.30}

“Gallons per day (GPD)” means the standard measure of water or wastewater flow in a 24-hour period.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.28)

N.H. Code Admin. R. Ann. Env-Wq 1002.31 Gravity grease interceptor {#sec-env-wq-1002.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.31}

“Gravity grease interceptor” means a type of grease interceptor installed in the sanitary drainage system to intercept free-floating fats, oils, and greases from wastewater discharges, with separation being accomplished by gravity during the retention time.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.29)

N.H. Code Admin. R. Ann. Env-Wq 1002.32 Grease interceptor {#sec-env-wq-1002.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.32}

“Grease interceptor” means a tank or series of tanks into which wastewater that contains grease is discharged, including but not limited to gravity grease interceptors, hydromechanical grease interceptors, and other technologies, previously called a “grease trap”.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.33 Holding tank {#sec-env-wq-1002.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.33}

“Holding tank” means a sealed tank with no outlet to a dry well or other effluent disposal area that stores sewage, alone or mixed with other wastes, until the wastes can be pumped out and hauled to an approved disposal site. A holding tank is not an ISDS.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.30)

N.H. Code Admin. R. Ann. Env-Wq 1002.34 Horizon {#sec-env-wq-1002.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.34}

“Horizon” means a soil layer.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.31)

N.H. Code Admin. R. Ann. Env-Wq 1002.35 Hydric soil {#sec-env-wq-1002.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.35}

“Hydric soil” means a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.32)

N.H. Code Admin. R. Ann. Env-Wq 1002.36 Hydromechanical grease interceptor {#sec-env-wq-1002.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.36}

“Hydromechanical grease interceptor” means a type of grease interceptor installed in the sanitary drainage system to intercept free-floating fats, oils, and greases from wastewater discharge, with continuous separation being accomplished by air entrapment, buoyancy, and interior baffling.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.37 Hydrophytic vegetation {#sec-env-wq-1002.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.37}

“Hydrophytic vegetation” means vegetation typically adapted for life in inundated or saturated soil conditions.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.33)

N.H. Code Admin. R. Ann. Env-Wq 1002.38 Impermeable substratum {#sec-env-wq-1002.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.38}

“Impermeable substratum” means any subsurface material which is relatively impervious, such as hard pan, clay, slate-like materials, and other materials having a percolation rate of greater than 60 minutes per inch.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.34)

N.H. Code Admin. R. Ann. Env-Wq 1002.39 Increase the load on a sewage disposal system {#sec-env-wq-1002.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.39}

“Increase the load on a sewage disposal system” as used in RSA 485-A:38, means either increasing flow or increasing the wastewater characteristics through a change in use.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.35)

N.H. Code Admin. R. Ann. Env-Wq 1002.40 Individual sewage disposal system (ISDS) {#sec-env-wq-1002.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.40}

“Individual sewage disposal system (ISDS)” means any wastewater disposal and treatment system that receives sewage. The term does not include a holding tank, privy or dry toilet, cesspool, or a system regulated under Env-Wq 700.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.36)

N.H. Code Admin. R. Ann. Env-Wq 1002.41 Inspection {#sec-env-wq-1002.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.41}

“Inspection” means an on-site review by department staff of an ISDS to ensure that the installed system is in compliance with the approved plans and specifications.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.37)

N.H. Code Admin. R. Ann. Env-Wq 1002.42 Install {#sec-env-wq-1002.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.42}

“Install” means to establish or construct an ISDS or any component thereof.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.38)

N.H. Code Admin. R. Ann. Env-Wq 1002.43 ISDS owner {#sec-env-wq-1002.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.43}

“ISDS owner” means the person who owns the structure(s) served by an existing ISDS or to be served by a proposed ISDS.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.39)

N.H. Code Admin. R. Ann. Env-Wq 1002.44 Large-diameter graveless pipe (LDGP) system {#sec-env-wq-1002.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.44}

“Large-diameter graveless pipe (LDGP) system” means an ISDS where the effluent conduits are pipes that are at least 10 inches in diameter with perforations throughout their circumferences, wrapped in non-woven fabric material separated from the pipe by an intermediate layer, and embedded in sand, such that the biomat interface is formed on the inside of the non-woven fabric.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.40)

N.H. Code Admin. R. Ann. Env-Wq 1002.45 Ledge lot {#sec-env-wq-1002.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.45}

“Ledge lot” means a lot on which the only area suitable for the bed and receiving layer has:

(a) Less than 4 feet of naturally-deposited soil above ledge, if the proposed ISDS incorporates effluent conduits for which a smaller distance has not been approved; or

(b) Less than the separation distance specified in the approval granted for innovative technology under Env-Wq 1024, for a proposed ISDS that incorporates effluent conduits approved under that part.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.42)

N.H. Code Admin. R. Ann. Env-Wq 1002.46 Ledge tank {#sec-env-wq-1002.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.46}

“Ledge tank” means any septic tank designed to maintain a liquid depth of less than 40 inches.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.43)

N.H. Code Admin. R. Ann. Env-Wq 1002.47 Mounding analysis {#sec-env-wq-1002.47 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.47}

“Mounding analysis” means a calculation that demonstrates how much the groundwater below an EDA will rise up into the unsaturated zone, and is used to determine if the groundwater mound will decrease the separation distance from the bed bottom of the EDA to the seasonal high-water table.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.48 Open space/conservation subdivision {#sec-env-wq-1002.48 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.48}

“Open space/conservation subdivision” means a purely residential subdivision of a tract of land, where:

(a) A number of housing units are clustered on lots with dimensions and frontages reduced from minimum lot sizes required by Env-Wq 1005.03;

(b) The dwelling unit density of the tract as a whole is equal to the density achieved by the lot sizing criteria of Env-Wq 1005.03 based on soil types and slopes; and

(c) All land that is not housing lots is preserved as open space.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.45)

N.H. Code Admin. R. Ann. Env-Wq 1002.49 Organic soil material {#sec-env-wq-1002.49 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.49}

“Organic soil material” means from 12 to 18 percent or more organic carbon by dry weight, depending upon the clay content.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.46)

N.H. Code Admin. R. Ann. Env-Wq 1002.50 Percolation (perc) rate {#sec-env-wq-1002.50 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.50}

“Percolation (perc) rate” means the number of minutes needed for water to drop one inch into the soil within a percolation test hole, used to estimate suitability of the soil for receiving and dispersing effluent.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.47)

N.H. Code Admin. R. Ann. Env-Wq 1002.51 Percolation (perc) test {#sec-env-wq-1002.51 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.51}

“Percolation (perc) test” means the method by which the percolation rate is established, as described in Env-Wq 1007.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.48)

N.H. Code Admin. R. Ann. Env-Wq 1002.52 Permitted designer {#sec-env-wq-1002.52 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.52}

“Permitted designer” means an individual who holds a current authorization under RSA 485-A:35, I, to design ISDSs.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.49)

N.H. Code Admin. R. Ann. Env-Wq 1002.53 Permitted installer {#sec-env-wq-1002.53 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.53}

“Permitted installer” means an individual who holds a current authorization under RSA 485-A:36, I, to install ISDSs.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.50)

N.H. Code Admin. R. Ann. Env-Wq 1002.54 Poorly drained soils {#sec-env-wq-1002.54 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.54}

“Poorly drained soils” means hydric soils that have aquic conditions in the upper part and one or more of the characteristics identified in Env-Wq 1014.02.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.51)

N.H. Code Admin. R. Ann. Env-Wq 1002.55 Property owner {#sec-env-wq-1002.55 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.55}

“Property owner” means:

(a) For a subdivision application, the owner of the property proposed to be subdivided; and

(b) For an ISDS application, the owner of the property on which the ISDS is proposed to be installed.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.52)

N.H. Code Admin. R. Ann. Env-Wq 1002.56 Prominent redoximorphic features {#sec-env-wq-1002.56 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.56}

“Prominent redoximorphic features” means the contrast in color between a redoximorphic feature and the matrix.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.53)

N.H. Code Admin. R. Ann. Env-Wq 1002.57 Public sewer {#sec-env-wq-1002.57 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.57}

“Public sewer” means any publicly-owned pipe or conduit designed to receive and convey sewage or other wastes to a municipally-owned and operated treatment works.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.54)

N.H. Code Admin. R. Ann. Env-Wq 1002.58 Receiving layer {#sec-env-wq-1002.58 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.58}

“Receiving layer” means the natural soil under and around a bed, beyond the biomat interface, that receives, filters, and provides final disposal and dispersal of the effluent.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.55)

N.H. Code Admin. R. Ann. Env-Wq 1002.59 Redoximorphic features {#sec-env-wq-1002.59 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.59}

“Redoximorphic features” means features associated with soil wetness that are formed by the processes of reduction, translocation, oxidation of iron and manganese oxides, or a combination of any of these processes.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.56)

N.H. Code Admin. R. Ann. Env-Wq 1002.60 Repaired or replaced {#sec-env-wq-1002.60 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.60}

“Repaired or replaced” means, when applied to an ISDS, reconstructing all or a portion of the effluent disposal area so that the bed and its associated components contain and treat effluent as intended. The term does not include replacing a septic tank as specified in Env-Wq 1010.14, replacing a pump or distribution box, or adding or replacing a vent, when no work is done on the effluent disposal area.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.57)

N.H. Code Admin. R. Ann. Env-Wq 1002.61 Residence {#sec-env-wq-1002.61 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.61}

“Residence” means a stand-alone single-family house or a unit within a multi-unit housing complex, such as duplex housing, house with an in-law apartment, or apartments or condominiums, at which no commercial activities are conducted.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.58)

N.H. Code Admin. R. Ann. Env-Wq 1002.62 Residential {#sec-env-wq-1002.62 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.62}

“Residential” means of or relating to activities typical of day-to-day living at a residence, including but not limited to sleeping, eating, and bathing. The term includes home office activities conducted in an individual’s own residence where no non-domestic wastewater is generated. The term does not include any activity that is commercial.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.59)

N.H. Code Admin. R. Ann. Env-Wq 1002.63 Restrictive layer {#sec-env-wq-1002.63 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.63}

“Restrictive layer” means a soil horizon that restricts the downward flow of water and is uncharacteristic of the soil layers above and below, such as a layer of soil with a consistence of firm or very firm, cemented horizons, or stratified layers of silt, loam, or clay within the soil profile.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.60)

N.H. Code Admin. R. Ann. Env-Wq 1002.64 Seasonal high water table (SHWT) {#sec-env-wq-1002.64 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.64}

“Seasonal high water table (SHWT)” means the level at which the uppermost soil horizon contains 2% or more distinct or prominent redoximorphic features that increase in percentage with increasing depth.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.61)

N.H. Code Admin. R. Ann. Env-Wq 1002.65 Senior housing {#sec-env-wq-1002.65 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.65}

“Senior housing” means housing that qualifies as “housing for older persons” as specified in RSA 354-A:15, as reprinted in Appendix F.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.62)

N.H. Code Admin. R. Ann. Env-Wq 1002.66 Septic tank {#sec-env-wq-1002.66 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.66}

“Septic tank” means a watertight unit designed to receive sewage and other wastes for the purpose of removing substantially all settleable solids.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.63)

N.H. Code Admin. R. Ann. Env-Wq 1002.67 Slope {#sec-env-wq-1002.67 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.67}

“Slope” means the difference in elevation in feet for 100 feet of horizontal distance.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.65)

N.H. Code Admin. R. Ann. Env-Wq 1002.68 Soil horizon {#sec-env-wq-1002.68 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.68}

“Soil horizon” means a distinct layer of soil running parallel to the soil surface, designated as the O, A, B, or C horizon proceeding vertically through the soil profile from the soil surface downward.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.67)

N.H. Code Admin. R. Ann. Env-Wq 1002.69 Special flood hazard area {#sec-env-wq-1002.69 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.69}

“Special flood hazard area” means “special flood hazard area” as defined in 44 CFR 59.1, as reprinted in Appendix D.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.68)

N.H. Code Admin. R. Ann. Env-Wq 1002.70 Standard dimension ratio (SDR) {#sec-env-wq-1002.70 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.70}

“Standard dimension ratio (SDR)” means the ratio of pipe diameter to pipe wall thickness.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.69)

N.H. Code Admin. R. Ann. Env-Wq 1002.71 State-approved {#sec-env-wq-1002.71 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.71}

“State-approved” means, when applied to an ISDS, that the department has issued a construction approval and an approval to operate for the ISDS, and no modifications have been made to the ISDS such that it does not conform to the approved plans and specifications.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.70)

N.H. Code Admin. R. Ann. Env-Wq 1002.72 Steady state {#sec-env-wq-1002.72 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.72}

“Steady state” means a condition that changes only negligibly over time.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.71)

N.H. Code Admin. R. Ann. Env-Wq 1002.73 Subdivision approval {#sec-env-wq-1002.73 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.73}

“Subdivision approval” means written approval of subdivision plans and specifications.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.72)

N.H. Code Admin. R. Ann. Env-Wq 1002.74 Surface waters {#sec-env-wq-1002.74 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.74}

“Surface waters” means rivers, perennial streams, lakes, ponds, reservoirs, and tidal waters within the jurisdiction of the state. The term does not include non-tidal drainage ditches which were designed, built, and used to convey wastewater or stormwater nor constructed wetlands, lagoons, and other treatment systems designed and built solely as wastewater or stormwater treatment systems.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.75 Test pit {#sec-env-wq-1002.75 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.75}

“Test pit” means a hole dug to determine soil characteristics and profile description.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.73)

N.H. Code Admin. R. Ann. Env-Wq 1002.76 Treatment tank {#sec-env-wq-1002.76 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.76}

“Treatment tank” means a tank that is used in addition to or in place of a septic tank to treat the wastewater entering the treatment tank to remove or reduce the amount of one or more contaminants, such as those identified in Env-Wq 1024.10(a), prior to discharging the effluent to an effluent disposal area.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.74)

N.H. Code Admin. R. Ann. Env-Wq 1002.77 Trench system {#sec-env-wq-1002.77 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.77}

“Trench system” means an ISDS in which the effluent conduits are separated by a vertical barrier of soil.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.75)

N.H. Code Admin. R. Ann. Env-Wq 1002.78 Very poorly drained soils {#sec-env-wq-1002.78 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.78}

“Very poorly drained soils” means hydric soils that are flooded daily by tides or soils that have aquic conditions in the upper part and have one or more of the characteristics identified in Env-Wq 1014.03.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.76)

N.H. Code Admin. R. Ann. Env-Wq 1002.79 Wastewater characteristics {#sec-env-wq-1002.79 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.79}

“Wastewater characteristics” means the physical (temperature, color, odor, turbidity, and total solids), chemical (Ph, COD, BOD, TOC, and nutrients), and biological (microbial population and oxygen required for nitrification) characteristics of wastewater that is generated from domestic, non-domestic, industrial, commercial, and other activities.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1002.80 Watercourse {#sec-env-wq-1002.80 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.80}

“Watercourse”, as used in RSA 485-A:2, XIV, means a channel providing for the conveyance of water, whether natural or artificial, which is scoured, indicating periods of concentrated flow. The term does not include drainage swales and areas of poorly drained soils in which no scour channel exists.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1002.77)

N.H. Code Admin. R. Ann. Env-Wq 1002.81 Well {#sec-env-wq-1002.81 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1002.81}

“Well” means a well used as a source for drinking water pursuant to We 600.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1003 Applications for Subdivision or Isds Approval

N.H. Code Admin. R. Ann. Env-Wq 1003.01 Submission of Applications Required Prior to Commencement of Work {#sec-env-wq-1003.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.01}

(a) No person shall:

(1) Construct any building from which sewage or other wastewater will discharge without first obtaining approval of the application, plans, and specifications for the ISDS from the department;

(2) Modify any structure so that sewage or other wastewater will discharge without first obtaining approval of the application, plans, and specifications for the ISDS from the department; and

(3) Construct any ISDS without first obtaining approval of the application, plans, and specifications for the ISDS from the department.

(b) As established in RSA 485-A:32, III, no person required to submit subdivision plans shall, prior to obtaining subdivision approval from the department:

(1) Commence the construction of roads within the area proposed to be subdivided, by clearing the land thereof of natural vegetation, placing any artificial fill thereon, or otherwise altering the land; or

(2) Take any other action(s) that will alter or contribute to the alteration of the natural state of the land or environment.

(c) Also as established in RSA 485-A:32, III, the prohibitions identified in (b), above, shall not be construed to prevent the preliminary testing and inspection necessary to develop the information needed to compile a subdivision application, such as taking test borings, digging test pits, and surveying land.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.02 Preparation of Plans; Seals Required {#sec-env-wq-1003.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.02}

(a) Plans for an ISDS shall be prepared by a permitted designer.

(b) Plans for an ISDS shall bear the seal of the permitted designer.

(c) The seal required by (b), above, shall be as follows:

(1) The seal shall be circular in design with corner borders;

(2) The seal shall be 1.9 inches in height;

(3) The circular portion shall include the wording “New Hampshire” at the top and “Department of Environmental Services” at the bottom; and

(4) The words “Designer of Subsurface Disposal Systems” and the name and permit number of the permitted designer shall be contained within the circular area.

(d) Subject to (e), below, an ISDS shall be designed by a permitted designer who is also a civil or sanitary professional engineer (P.E.) licensed in the state of New Hampshire if the ISDS is:

(1) For a single structure for which the ISDS will have a design flow of greater than 5,000 GPD;

(2) For a group of structures proposed to share an EDA for which the combined design flow is greater than 5,000 GPD;

(3) Composed of multiple beds, each of which has a design flow of greater than 2,500 GPD;

(4) On a ledge lot, and has a design flow of:

a. Greater than 600 GPD for a commercial use; or

b. Greater than 1,500 GPD for a residential use; or

(5) A stone-and-pipe bed intended to be installed beneath a commercial driveway or parking area that is subject to American Association of State Highway and Transportation Officials (AASHTO) HS20 loading.

(e) Plans for an ISDS designed pursuant to (d), above, shall bear the individual’s designer seal as specified in (b), above, and P.E. seal as required by RSA 310-A:18.

(f) Plans for an ISDS required to be designed pursuant to (d), above, may be designed by a permitted designer who is not a P.E., but shall only be submitted to the department after being reviewed and approved by a P.E. who is also a permitted designer. For such applications, the plans shall bear the designer seal of the permitted designer who designed the ISDS and the P.E. seal of the P.E. who reviewed and approved the plans.

(g) As required by RSA 310-A:67, II, plans that involve the practice of land surveying as defined by RSA 310-A:54, IV shall bear the stamp and signature of a licensed land surveyor.

(h) For any ISDS designed pursuant to (d) or (f), above, that was approved with multiple connections to one or more EDAs, an application to connect to the EDA shall not require a P.E. stamp.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.03 Format of Plans {#sec-env-wq-1003.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.03}

(a) The final plans for any subdivision of land and for any ISDS submitted for approval on paper shall meet the format requirements specified in (b) through (f), below.

(b) All margins shall be at least one inch.

(c) Subdivision plans shall have a scale of not more than 50 feet to one inch, unless the plan will not fit on a 28 inch by 40 inch sheet of paper, in which case a scale of one inch to 100 feet or one inch to 200 feet shall be used.

(d) For ISDS plans, the lot and system shall be shown on a scale of not more than 20 feet to one inch, and a minimum of 10 feet to one inch for lots of less than 0.25 acres, except that if the lot cannot be shown on a 1:20 scale, it shall be shown on a larger scale on a separate sheet.

(e) Sheet sizes shall be 22 inches x 34 inches, 24 inches x 36 inches, or 28 inches x 40 inches with separate sheets numbered and showing relationship to each other.

(f) All paper plans submitted shall be folded to approximately 8-1/2 inches by 11 inches.

(g) For plans submitted electronically, the format shall be as specified in the user agreement entered into by the registered user.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.04 Administratively Complete Application {#sec-env-wq-1003.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.04}

The department shall deem an application to be administratively complete upon receipt of:

(a) The correct application fee amount required by RSA 485-A:30;

(b) For subdivision applications, all documentation required pursuant to Env-Wq 1003.05 through Env-Wq 1003.08, and any additional documents required pursuant to Env-Wq 1004, as applicable; and

(c) For ISDS applications, all documentation required pursuant to Env-Wq 1003.05 and Env-Wq 1003.12 through Env-Wq 1003.14, and any additional documents required pursuant to Env-Wq 1004, as applicable.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.05 Required Signatures and Certifications {#sec-env-wq-1003.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.05}

(a) Each application for subdivision approval shall be signed by the applicant and the property owner.

(b) Each application for ISDS approval shall be:

(1) If not submitted electronically, signed by the applicant and the ISDS owner; or

(2) If submitted electronically, signed by the applicant and the applicant shall upload a document with the signature of the ISDS owner certifying to the items in (c) and (e), below.

(c) Each signature provided as required by (a) or (b), above, shall constitute certification by the signer that:

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

(2) The signer understands that the submission of false, incomplete, or misleading information constitutes grounds for the department to:

a. Deny the application;

b. Revoke any approval that is granted based on the information;

c. If the signer is a permitted designer, suspend, revoke, or refuse to renew the designer’s permit; and

d. If the signer is a professional engineer, refer the matter to the office of professional licensure and certification.

(d) If a subdivision application or ISDS application is submitted electronically, the use of the user log-on ID, password, and personal identification number (PIN) assigned to the registered user shall constitute the signature and certification required by (a) or (b), above, as applicable, for the registered user.

(e) The signature of the ISDS owner provided pursuant to (b), above, shall also constitute certification that the signer:

(1) Has reviewed the plans for the proposed ISDS;

(2) Agrees that the plans reflect the signer’s needs and desires for an ISDS; and

(3) Understands that should the application be approved, any change(s) will require a new submission, review, and approval except as allowed by Env-Wq 1004.07.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.06 Subdivision Applications {#sec-env-wq-1003.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.06}

(a) Each applicant seeking approval under RSA 485-A:29, I for a proposed subdivision shall complete and submit either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form the "Application for Subdivision of Land", NHDES-W-05-009, February 2026, available at https://onlineforms.nh.gov/?formtag=NHDES-W-05-009.

(b) The signature on the application by the applicant shall certify that the plan conforms to all applicable local wastewater or drinking water zoning ordinances and regulations.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.07 Plans Required for Subdivision Applications {#sec-env-wq-1003.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.07}

The plan sheets shall be completed in accordance with the requirements below, and shall show the following:

(a) Property boundaries, prepared in accordance with the administrative rules at Lan 500;

(b) Existing conditions and physical features of the entire subject property;

(c) Each property that shares a common boundary with the subject property;

(d) The name and address of each abutter, shown on the lot owned by that abutter;

(e) All easements of record and all easements to be granted for the benefit of or across any lot for which approval is requested;

(f) The topography of the subject property, with elevations referenced to National Geodetic Vertical Datum of 1929 (NGVD 29) or the North American Vertical Datum of 1988 (NAVD 88), available as noted in Appendix B, or to an on lot bench mark, subject to the following requirements:

(1) Topographic information which is obtained from physical field measurements of the ground surface, of features, or improvements on a lot shall be taken with a precision that meets the requirements of the administrative rules at Lan 500, and shall have the following accuracy:

a. Ground elevations, spot elevations, and water level measurements shall be taken to the nearest tenth of a foot; and

b. Two-foot contour intervals shall be accurate to the nearest foot and 5-foot contour intervals shall be accurate to the nearest 2.5-feet;

(2) Topographic information which is obtained with methods other than through physical field measurements shall be taken with a precision that meets the requirements of the administrative rules at Lan 500 and shall:

a. Depict contour lines with 2-foot or 5-foot contour intervals; and

b. Be field verified with no less than 1 ground shot per 2,500 square-feet of each lot to confirm the data’s accuracy;

(3) Ground shots shall be labeled on the plan or depicted on the plan as a symbol that is included in the plan legend, and a note shall be included on the plan indicating the method that was used to generate the existing topographic information that is depicted on the plan;

(4) The topographic information within the 4,000 square feet (SF) area required by Env-Wq 1005.02(b)(2) or the area within 75 feet of the ISDS shall be prepared using the method referenced in Env-Wq 1003.07(f)(1) above, and shall depict 2-foot or 5-foot contour intervals within the 4,000 SF area or within 75 feet of the ISDS;

(5) The topographic information within the area of each lot that is used to determine lot loading shall be prepared using the method referenced in (f)(1) or in (f)(2), above; and

(6) If the property is not level, contour lines shall be drawn with contour intervals of 2 feet or 5 feet or if the property is level, a sufficient number of spot elevations that are obtained using the method referenced in Env-Wq 1003.07(f)(1) shall be shown on the plan;

(g) The location of any part of the subject property that lies within a special flood hazard area;

(h) The location of any part of the subject property that is subject to deeded rights of flowage;

(i) The location of all surface waters and wetlands on or within 75 feet of the subject property, identified in accordance with Env-Wq 1014.06;

(j) If wetlands or surface waters are located on or within 75 feet of the area required by Env-Wq 1005.02(b)(2) or the ISDS location, a note certifying that all wetlands have been delineated in accordance with Env-Wq 1014.06 and identifying who performed the delineation and the month and year in which it was done;

(k) The location of existing and proposed culverts and dredge and fill areas;

(l) Proposed lot boundaries and, for each lot:

(1) The area of the lot and the specific lot number;

(2) Access to the lot from a street or other public way;

(3) A delineation of all areas unsuitable for conventional subsurface disposal;

(4) A delineation of the area(s) dedicated to sewage disposal; and

(5) If the lot will have an on-lot well, the location of the well and its protective radius, with the protective radius depicted on-lot or in an area precluded from development;

(m) For each lot having shoreland frontage, the:

(1) Length of the frontage; and

(2) Topography of an area equal to or greater than the lot size determined by Env-Wq 1005.03 for the lot;

(n) The location of:

(1) Each proposed or previously-approved ISDS or 4,000 SF area required by Env-Wq 1005.02(b)(2);

(2) Each existing ISDS; and

(3) Water pipes and existing buildings on the subject property and within any of the setbacks established in Env-Wq 1000 on abutting properties, or, if access to an abutting property is denied, a statement to that effect;

(o) All ledge outcrops within 75 feet of:

(1) Any proposed EDA; or

(2) The 4,000 SF area required by Env-Wq 1005.02(b)(2);

(p) The location of test pits and percolation tests, numbered to facilitate keying to the data required by (q) through (s), below;

(q) Percolation test results at each 4,000 SF area required by Env-Wq 1005.02(b)(2) or proposed EDA and the date and depth measured for each lot;

(r) For each test pit, the following information:

(1) The depth from ground surface to seasonal high water table;

(2) The depth from ground surface to impermeable substratum; and

(3) A description of each soil horizon in accordance with Env-Wq 1006.05;

(s) Data for each test pit dug, shown on the plans if there is sufficient room or on attached 8-1/2-inch by 11-inch sheets, bearing the permitted designer’s stamp on each sheet; and

(t) A location plan for the subject property in sufficient detail so that an inspector is able to locate the site.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.08 Additional Requirements For Subdivisions To Be Served By A Public Water System {#sec-env-wq-1003.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.08}

(a) If the proposed type of water supply to be used in the subdivision is a new public water system (PWS), the applicant shall submit an application for approval of the PWS to the department as required by RSA 485 and rules adopted thereunder in subtitle Env-Dw.

(b) If the lots in the proposed subdivision will be connected to an existing PWS, the applicant shall submit the following:

(1) A statement from the supplier of water that it can and will supply water to the subdivision, which shall be included with the application submitted pursuant to RSA 485-A:29, I and this chapter; and

(2) Plans of water main extensions, which shall be submitted to the department as required by RSA 485 and rules adopted thereunder in subtitle Env-Dw.

(c) The department shall not issue an approval for a subdivision that is to be served by a PWS unless and until the PWS approval has been issued.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.09 Subdivision Contracts Allowed Before Approval {#sec-env-wq-1003.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.09}

(a) A subdivider shall not be required to obtain approval of the subdivision plans prior to executing contracts for sale or other conveyance of lots in the subdivision where such contracts are expressly made conditional on the subdivider obtaining approval prior to closing or other passage of title or other interest upon payment of the agreed-to price.

(b) Purchase and sale or other contracts containing the following language, or language of equal import, shall be acceptable under this rule:

“This contract is expressly conditioned upon (subdivider) obtaining approval of the subdivision from the New Hampshire Department of Environmental Services prior to the (closing/final transfer/lease) date, and (closing/final transfer/lease) shall not occur unless and until (subdivider) has provided (purchaser/lessee/unit owner) with written approval by the Department of the subdivision or the part thereto containing (purchaser's) (lot/unit) containing the (lot/unit) as described herein.”

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.10 Subdivision Approval Required Prior to Septic System Approval {#sec-env-wq-1003.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.10}

Any lot of less than 5 acres in size that does not have subdivision approval or meet one of the exceptions listed in Env-Wq 1003.11(a) shall not be considered for ISDS approval without meeting the requirements of Env-Wq 1000 for subdivision approval.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.11 Lots or Condominiums Not Having Subdivision Approval {#sec-env-wq-1003.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.11}

(a) The department shall not require that a lot of less than 5 acres have subdivision approval prior to being eligible for ISDS approval in the following circumstances:

(1) The lot is within 1,000 feet of surface water and was created prior to July 1, 1967;

(2) The lot is not within 1,000 feet of surface water and was created prior to July 1, 1971; or

(3) The lot is within 1,000 feet of surface water and was created between July 1, 1967 and July 1, 1975 or is not within 1,000 feet of surface water and was created between July 1, 1971 and July 1, 1975, and:

a. The lot is within a subdivision that received local approval, if such approval was required by local ordinances or regulations in place at the time the lot was created;

b. At least 50% of the other lots in the subdivision have been built on pursuant to valid construction approvals issued by the department or its predecessor agency, or 25% to 50% of the lots, including at least one abutting lot, have been built on pursuant to valid construction approvals; and

c. Subdivision approval cannot be obtained from the department because the lot does not meet current subdivision criteria.

(b) The department shall not require that a condominium have subdivision approval prior to being eligible for ISDS approval if the condominium was created before June 18, 1971.

(c) The department shall not require that a condominium have subdivision approval prior to being eligible for ISDS approval if the condominium was created between June 18, 1971 and September 1, 1989, and:

(1) The condominium received local approval prior to September 1, 1989, if such approval was required by local ordinances or regulations in place at the time the condominium was created;

(2) The declarant, as defined in RSA 479-A or in RSA 356-B as in effect at the time the condominium was created, is no longer a majority owner of the condominium;

(3) The condominium was registered under RSA 479-A or was approved by the New Hampshire attorney general under RSA 356-B, if required by the statute in effect at the time the condominium was created; and

(4) Through inadvertence or mistake, the condominium developer did not request subdivision approval from the department or its predecessor, the water supply and pollution control commission, at the time the approvals specified in (1) and (3), above, were obtained.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.12 Information Required for ISDS Applications {#sec-env-wq-1003.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.12}

(a) Each applicant seeking approval under RSA 485-A:29, I for a proposed ISDS shall complete and submit either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form the "Application for an Individual Sewage Disposal System", NHDES-W-05-004, February 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-05-004.

(b) If the application is for the replacement of a failed ISDS, the applicant shall notify each applicable ITA owner, as defined in Env-Wq 1024.02(e), in writing if any approved innovative or alternative technology pursuant to Env-Wq 1024 was used in the failed system and provide a copy of that written notice including prior approval numbers if the system was state approved, and the address of the failed system, to the department.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.13 Plans Required for ISDS Applications {#sec-env-wq-1003.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.13}

The applicant shall submit plan sheets showing the following:

(a) A plan to scale of the lot on which the new or replacement ISDS is proposed to be installed, including:

(1) A description of the lot including the area of the lot, the lot’s dimensions, and all visible boundary markers around the lot within 75 feet of the ISDS;

(2) The location of all existing and proposed buildings within 75 feet of any component of the ISDS within the subject lot;

(3) The location of the existing ISDS, if known, and proposed ISDS on the lot;

(4) The location of each known burial site or cemetery on the lot, which demonstrates compliance with the setback required by RSA 289:3, III, or a statement that there is no known burial site or cemetery on the lot within 25 feet of any component of the ISDS;

(5) The location of each well that exists on the lot, if any, with a statement of whether the well is planned to be used or decommissioned; and

(6) As required by RSA 485-A:30-b, the actual or proposed location of each well to be installed on the lot and the protective radius associated with the well, or a designated area within which the well can be installed without the protective well radius extending beyond the property line and without violating any other setback or lot loading requirements, located such that well construction equipment can reasonably reach the location;

(b) If the proposed ISDS or well is closer than 75 feet to a boundary, the location of each known burial site or cemetery on the adjoining lot that is within 25 feet of any component of the ISDS, which demonstrates compliance with the setback required by RSA 289:3, III, or a statement that there is no known burial site or cemetery on the adjoining lot within 25 feet of any component of the ISDS;

(c) A location plan of the property with road names and sufficient detail so that an inspector is able to locate the site;

(d) Wetlands information, including:

(1) A note on the plan certifying that the wetlands, if present, have been delineated in accordance with Env-Wq 1014.06 and identifying who performed the delineation and the date on which it was done;

(2) The wetland delineation with locations of the nearest wetlands, and surface water depicted in relation to the proposed ISDS or a note on the plan that the nearest wetland or surface water is greater than 75 feet away from the proposed ISDS; and

(3) Hydric soil description as having poorly drained or very poorly drained soils in order to determine setbacks in accordance with Env-Wq 1008.05(a);

(e) The source of drinking water and the location of all proposed and existing drinking water supply pipes;

(f) Unless the application is only to connect to an existing state-approved EDA as specified in Env-Wq 1004.08, soil data:

(1) Percolation test location and supporting data; and

(2) Test pit locations and supporting test pit log data, unless submitted on a separate sheet in accordance with Env-Wq 1006.06;

(g) The existing topography on the 1:20 scale site plan per Env-Wq 1003.03(d), with elevations established using an onsite benchmark which is shown on the plan. If the National Geodetic Vertical Datum of 1929 (NGVD 29), North American Vertical Datum of 1988 (NAVD 88), mean sea level (M.S.L.), or the mean high-water level of the nearest surface water is used to establish the existing topography on the lot, the onsite benchmark shall be referenced to the datum used. Topographic information shall be prepared using the following methods and levels of accuracy:

(1) Topographic information obtained from physical field measurements of the ground surface on a lot shall be taken with a precision that meets the requirements of the administrative rules at Lan 500, and shall have the following accuracy:

a. Existing ground surface elevations, spot elevations, and water level measurements shall be taken to the nearest tenth of a foot; and

b. Two-foot contour intervals shall be accurate to the nearest foot;

(2) Topographic information established from methods other than obtaining physical field measurements shall be taken with a precision that meets the requirements of the administrative rules at Lan 500, and shall:

a. Include contour lines depicted with 2-foot intervals that have an accuracy the meets the requirements of (g)(1) above;

b. Be field verified with no less than 1 ground shot per 500 square-feet to confirm the accuracy of the data that is associated method; and

c. Ground shots shall be depicted and labeled as such on the plan and a note shall be included on the plan indicating the method that was used to generate the topographic information that is depicted on the plan; and

(3) Topographic information within the 4,000 square foot area required by Env-Wq 1005.02(b)(2) or within the area that is 75 feet from the ISDS shall be prepared using the method referenced in (g)(1) or in (g)(2), above, and shall:

a. Be depicted with 2-foot contour intervals within both of the areas for sloping lots, as applicable, and have an accuracy that meets (g)(1), above; or

b. Depict a sufficient number of spot elevations within both of the areas for flat lots, as applicable, and have an accuracy that meets (g)(1), above;

(h) The proposed septic tank or treatment tank with details, as applicable, including:

(1) The liquid capacity of the tank(s), in gallons;

(2) The material of construction, such as concrete, fiberglass, or plastic;

(3) The location and elevations of all pipe inverts flowing into and out of the tank;

(4) The location of all baffles and the depths below the pipe invert in or out of the septic tank or tank chamber that each baffle extends into; and

(5) The location of the tank on the property and tank risers and covers in accordance with Env-Wq 1010.05;

(i) A 1:20 scale site plan, or 1:10 scale site plan in accordance with Env-Wq 1003.03(d), of the proposed ISDS with notes for construction, construction details, and dimensions on the plan, including:

(1) The structure from which the existing or proposed ISDS will provide sewage disposal service;

(2) A foundation sill or floor slab elevation for the structure;

(3) The location of all ISDS components;

(4) The location of an existing or proposed drinking water well or potable water source with applicable well radius identified;

(5) Existing topographic information that meets the requirements of (g) above;

(6) Existing conditions, physical features, and proposed improvements within 75-feet of the ISDS;

(7) Proposed grading for the ISDS in 1-foot or 2-foot whole number contour intervals that tie back into the existing contours shown on the plan. Proposed spot elevations may be used to depict the finish grade of the top of an EDA, the fill extension of an EDA, and on flat lots and shall include all finish grades above ISDS components to the nearest tenth of a foot;

(8) The location of a benchmark within 75-feet of the existing or proposed ISDS with a clear line of sight horizontally to the EDA and a vertical accuracy of 0.1 feet, and that is no more than 5-feet vertically from the proposed bed bottom of the EDA;

(9) The location of 2 tie points within 100 feet of the proposed ISDS with a clear line of sight horizontally to the EDA and with distances noted from the 2 tie points to two corners of the EDA, subject to (n) below; and

(10) The horizontal location of the test pit(s) pursuant to Env-Wq 1006.01 and of the percolation tests pursuant to Env-Wq 1007.01;

(j) A profile plan of the proposed ISDS beginning at the location of the pipe connection to the existing or proposed structure and ending at the furthest point of the proposed EDA, including:

(1) The elevation of all pipe connections to the existing or proposed structure;

(2) The elevations of proposed pipe connections to and from the existing or proposed septic tank;

(3) The elevations of all pipe connections to and from the existing or proposed distribution box;

(4) The elevation of all pipe connections to and throughout the existing or proposed EDA;

(5) The elevation and dimensions of the bed bottom;

(6) The type, depth, and width of all fill material, sand, and septic stone within the EDA; and

(7) The slopes of all effluent conduits, all of which shall be referenced to a benchmark;

(k) A cross-section detail of the proposed EDA including:

(1) The type and size of the effluent conduits;

(2) The spacing and number of all effluent conduits; and

(3) The type, depth, and width of all fill material, sand, and septic stone within the EDA, unless shown on the profile;

(l) A reference to the county, book and page number or a notarized document to be recorded that describes easements for any part of the proposed ISDS that is located on property other than the ISDS owner’s property, and for any other easements that are required;

(m) At least one benchmark that is within 75-feet horizontally from the existing or proposed ISDS, and that is within 5 feet vertically of the proposed bed bottom of the ISDS, with a vertical accuracy of 0.1 feet;

(n) Tie points from landmarks or established reference points within 100 feet of the bed or of the center for dry wells. There shall be at least 2 tie points, which establish 3 ties, for use in locating the corners of the beds or the centers of dry wells. The benchmark may also be used as a tie point;

(o) If a pump is proposed, the following information:

(1) The total dynamic head calculation;

(2) The make, type, capacity, and model of the sewage pump;

(3) Details of the pump well, including pump well manufacturer, type, and size;

(4) The make, type, and model of the pump controls, including elevations of control switches; and

(5) A cross-section of the pump, pump chamber with applicable dimensions, supply and discharge pipes and connections, floats and float elevations, dosing capacity and frequency, storage capacities, and details of the discharge line, including pressure line data and siphons, and siphon chambers, when used, or provide the previous approval number and date of previous approval to operate date if the pump is re-used from a previous approval having the same flow;

(p) Details of the distribution box, if applicable, including the material of construction, the inlet and outlet pipe configuration, and the name of the manufacturer;

(q) A statement that the effluent conduits and the bottom of the bed are level, as required by Env-Wq 1017.05(h);

(r) A statement that the effluent conduits shall be installed in accordance with Env-Wq 1017.01;

(s) A designation on the plan of all areas of exposed ledge or boulders greater than 6 feet in diameter within 75 feet of the proposed EDA;

(t) A statement signed by the applicant certifying that the plan conforms to all applicable local septic system ordinances and regulations;

(u) The approximate location of any special flood hazard areas that exist within any part of the lot;

(v) The location of any part of the lot that is subject to deeded rights of flowage;

(w) If the lot is within the protected shoreland, the following additional information:

(1) The reference line;

(2) The primary building line;

(3) The distance and location of nearest protected waterbody in relation to the ISDS unless the nearest protected waterbody is greater than 125 feet away; and

(4) A designation on the plan of the limits of the woodland buffer;

(x) The design intent, stated clearly on the plan as follows:

(1) “The bed bottom shall be constructed at elevation _____ feet”; and

(2) “This elevation shall be:

a. At existing grade on the high side of the proposed bed”;

b. _____ feet above existing grade on the high side of the proposed bed”; or

c. ____ feet below existing grade on the high side of the proposed bed”; and

(y) Lot loading calculations in accordance with Env-Wq 1005 for the proposed flow or the lot loading calculations from a previous construction approval for the same lot, unless documentation in accordance with Env-Wq 1008.02 is provided.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.14 Ledge Lot Specifications {#sec-env-wq-1003.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.14}

In addition to the plan requirements for an ISDS application established in Env-Wq 1003.13, the applicant designing an ISDS for a ledge lot shall:

(a) Specify the type of fill to be used to raise the bed to the appropriate elevation;

(b) Specify the method of stabilization of the fill, including compaction method, layering, wetting, and stabilization period;

(c) Supply test pit information to verify the nature of the receiving layer, both at the EDA and down-slope from the proposed EDA, as specified in Env-Wq 1006.04;

(d) Show on the plan all bedrock exposures within 75 feet of the proposed EDA; and

(e) Show on the plan all surface waters and drinking water supplies within 75 feet of the components of the proposed ISDS.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1003.15 Confirmation of Public Water System Connection Required {#sec-env-wq-1003.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1003.15}

For any ISDS application where the lot will be served by a public water system (PWS), the ISDS application shall include written verification from the supplier of water that connection to the PWS will be allowed.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1004 Approvals; Installation; Replacement of Isds Components; Expansions

N.H. Code Admin. R. Ann. Env-Wq 1004.01 Subdivision and ISDS Application Processing {#sec-env-wq-1004.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.01}

(a) Applications for approval of a proposed subdivision or ISDS shall be submitted to the department’s division of water, subsurface systems bureau either:

(1) Electronically using the department’s e-permitting system, available via the department’s OneStop data and information center at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx; or

(2) As an original and one copy of all documents in paper form.

(b) If the applicant submits a paper application and needs or wishes to have one or more copies of the plan showing that it has been approved, the applicant shall submit as many additional copies as are desired.

(c) The department shall act on applications that have been submitted for a proposed subdivision or ISDS within the timeframes specified in RSA 485-A:31.

(d) If the application for a proposed subdivision or ISDS cannot be approved as submitted but could be approved if supplemental or revised information were provided:

(1) The department shall notify the applicant in writing of any deficiencies or need for additional information and inform the applicant that if the supplemental or revised information is not submitted within 180 days, the application shall be denied if there is no extension on record pursuant to (2), below;

(2) If the applicant requests an extension of the 180-day deadline in (1), above, prior to its expiration, the department shall grant the extension and notify the applicant of the new deadline, with multiple extensions allowed for circumstances beyond the control of the applicant; and

(3) If the applicant does not request an extension in a timely manner or fails to meet any new deadline established under a granted extension, the application shall be denied.

(e) If the application for a proposed subdivision or ISDS could not be approved even if supplemental or revised information were provided, the department shall notify the applicant in writing of the denial, including the specific standard of approval in Env-Wq 1000 not met.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1004.02 Executed Easements {#sec-env-wq-1004.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.02}

The applicant shall provide a copy of each executed easement to the department prior to construction approval and shall depict the approximate location of the easement(s) on the site plan if:

(a) An ISDS is located on property other than that on which any buildings served by the ISDS are or will be located, unless the properties are owned by the same person or entity; and

(b) An easement on property other than the property where the ISDS will be located is required, including but not limited to a nitrate setback easement or lot loading easement.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1004.03 Other State Approvals {#sec-env-wq-1004.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.03}

(a) If an ISDS construction approval requires state approvals or permits under other state statutes in order to be constructed in accordance with the plans, but is submitted without copies of those permits or approvals, the department shall not approve the application until information is received by the department confirming that the other approvals have been obtained.

(b) Where a subdivision is proposed to be served by a new public water system, the department shall not grant subdivision approval until the source, quality, quantity, storage, and design of distribution system have received prior approval pursuant to RSA 485 and all applicable rules in subtitle Env-Dw.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1004.04 Alteration of Subdivisions After Approval {#sec-env-wq-1004.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.04}

(a) The plan for a subdivision approved by the department shall be the final plan.

(b) If a lot line changes and a new 4,000 SF area is required pursuant to Env-Wq 1005.02(b)(2), a new application with a plan shall be submitted for approval, unless exempted by RSA 485-A:33, I-III.

(c) If a lot line changes but a new 4,000 SF is not required pursuant to Env-Wq 1005.02(b)(2), an amended plan shall be submitted to the department, unless exempted by RSA 485-A:33, I-III.

(d) For both (b) and (c), above, each lot shall meet the requirements of Env-Wq 1005 and the plan shall meet the requirements of Env-Wq 1003.07.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.05)

N.H. Code Admin. R. Ann. Env-Wq 1004.05 Posting of Construction Approval Required {#sec-env-wq-1004.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.05}

The construction approval shall be posted in a location at the site that is readily visible from a public way during construction.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.06)

N.H. Code Admin. R. Ann. Env-Wq 1004.06 ISDS Inspection Required {#sec-env-wq-1004.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.06}

(a) As required by RSA 485-A:29, I, the constructed ISDS shall not be covered or placed in operation without final inspection and approval by the department or by an authorized agent of the department.

(b) Prior to requesting an inspection, the following shall be installed in accordance with the approved plan:

(1) The complete ISDS as shown on the approved plan, unless the requirements of Env-Wq 1004.07 are met;

(2) The building foundation or building slab, or gravel pad for any buildings that will not have a foundation or building slab, or buildings to which the ISDS connects; and

(3) If the lot is not served by a public water system, the well if identified as a critical well location, as defined in We 101.11, on the approved plan or the construction approval, or if the well is not identified as a critical well location, a stake marking the location of the well as shown on the approved plans.

(c) One partial inspection per site for the complete installation of an ISDS component such as a septic tank or an EDA, without complete installation of the entire ISDS, may be requested if site constraints limit access to the entire site.

(d) If a partial inspection results in the department allowing the inspected portion to be backfilled, the department shall not issue an approval to operate until the entire system is installed and inspected.

(e) Inspection by the department shall not be construed as a substitute for good construction oversight practices, which shall be used throughout the construction process by:

(1) The permitted installer; or

(2) The homeowner, where the homeowner is installing the ISDS for their own domicile as allowed in accordance with RSA 485-A:36, II.

(f) For a property owner that is installing a new ISDS for a property they are developing to be their domicile pursuant to RSA 485-A:36, II(b), the homeowner shall complete and submit to the department at the time they request inspection the “Homeowner Installation of Individual Sewage Disposal System” form, NHDES-W-05-006, February 2026, located at https://onlineforms.nh.gov/?formtag=NHDES-W-05-006. The required signatures and certifications to comply with this subsection are:

(1) The signature from a permitted designer or permitted installer pursuant to RSA 485-A:36, II(b)(3) certifying that the ISDS constructed in accordance with the approved plans and construction approval, including verifying the:

a. Preparation of the basal area for the EDA;

b. Installation of the bed bottom at the specified location and elevation;

c. Installation of the EDA piping components and the distribution box; and

d. Installation of the septic tank and associated piping components; and

(2) The affidavit with the notarized signature of the property owner pursuant to RSA 485-A:36, II(b)(2) and (4) certifying that:

a. Either the property owner or a permitted septic system installer performed all work to construct the ISDS; and

b. The property will be the homeowner’s domicile for at least 2 years, starting from the date on which the ISDS receives approval to operate from the department.

(g) For a homeowner installing a replacement ISDS pursuant to RSA 485-A:36, II(a), the homeowner shall provide to the department at the time they request inspection the affidavit required pursuant to Env-Wq 1004.17(e)(2).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.07)

N.H. Code Admin. R. Ann. Env-Wq 1004.07 Modifying an ISDS Design After Construction Approval {#sec-env-wq-1004.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.07}

(a) The plan for an ISDS that has received construction approval from the department shall be the final ISDS plan.

(b) The department shall not approve an ISDS for operation if the ISDS as installed does not match the final ISDS plan, unless approval of an amended plan is allowed pursuant to (d) and (e), below.

(c) If an ISDS cannot be installed in accordance with the final ISDS plan, then prior to the installation:

(1) The installer shall inform the permitted designer of the final ISDS plan of the reason that proposed modifications to the ISDS are necessary;

(2) The permitted designer shall review the proposed ISDS modifications and shall inform the installer of the methods and materials that shall be used to address the proposed modifications; and

(3) The permitted designer shall prepare and stamp an amended plan.

(d) The amended plan prepared pursuant to (c)(3), above, shall be submitted to the field inspector for approval at the time of inspection of the ISDS if no waivers are required and the modifications are limited to one or more of the following:

(1) One or more components of the ISDS have been moved, but the design intent, footprint, configuration, horizontal location, and elevation of the bed bottom are as shown on the approved plan;

(2) The installer substituted a different brand of component for the brand of the component that is specified in the approved plan;

(3) The location or type of foundation has changed and the sewer pipe has been extended from the septic tank to the edge of the foundation;

(4) A ledge tank has been substituted for a standard tank in accordance with Env-Wq 1010.13;

(5) The well is not installed in the location shown on the approved plan but the actual location of the well does not affect the lot loading calculation; and

(6) The tie points or benchmark are not as shown on the approved plan, and the designer has re-established them in a new location.

(e) The amended plan prepared pursuant to (c)(3), above, shall be submitted to and approved by the design review staff of the department prior to requesting an inspection if:

(1) One or more components of the ISDS have been moved and the configuration or footprint of the bed has changed, but the bed bottom has not changed;

(2) One or more components of the ISDS have been moved and the horizontal location of the bed is moved not more than 10 feet, but the bed bottom has not changed;

(3) The horizontal location of the bed is moved not more than 10 feet but the footprint of the bed continues to be within 20 feet of the original test pit;

(4) A septic tank is added or a single-compartment tank is replaced with a multi-compartment tank due to the installation of plumbing fixtures in a below-grade level of the structure, and the amended plans comply with Env-Wq 1010.01(l);

(5) The designer of record will change subject to (g) below;

(6) A waiver is required for modifications to the horizontal location of the bed;

(7) A waiver request or modification to an approved waiver request is required for modifications to the ISDS;

(8) The well is not installed in the location shown on the approved plan and the actual location of the well changes the lot loading calculation to less than what is required for the proposed or existing flow per Env-Wq 1004.13;

(9) An ISDS approved as a pump system has been converted to a gravity system;

(10) The use of the structures served by the ISDS on the approved plan has changed but still meets the requirement of Env-Wq 1004.22; or

(11) The change or changes are not covered by (d) or (f).

(f) The amended plan prepared pursuant to (c)(3), above, shall require a new construction approval, which shall be obtained by the permitted designer submitting a new ISDS application to the department, if:

(1) The bed bottom will change;

(2) The horizontal location of the bed needs to be moved more than 10 feet or is no longer in accordance with Env-Wq 1006.01(b);

(3) A waiver to wetlands with very poorly drained soils or surface water is needed;

(4) The EDA type will change;

(5) An effluent pump will be added to a gravity ISDS;

(6) A new septic tank is required because of a phased development; or

(7) A new septic tank was required by the construction approval but the existing septic tank will continue to be used in accordance with Env-Wq 1010.15.

(g) If an amended plan needs to be submitted to the department pursuant to (d) or (e), above, but the permitted designer who prepared the original approved plan is not available to prepare the amended plan for a reason that is not known to be temporary, such as death, relocation, or loss of their designer permit, the ISDS owner shall either:

(1) Hire a different permitted designer willing to take responsibility for the plan in its entirety and have the new designer submit an amended plan, together with written correspondence bearing the stamp and signature of the designer responsible for the amendment stating the reason(s) why the original permitted designer is not available; or

(2) Surrender the construction approval that was based on the original plan and have a different permitted designer submit a new ISDS application.

(h) If amended plans are submitted, the plans shall include a minimum of 2 tie points. Tie points on amended plans shall be from permanent features on the property and shall be for the purpose of locating the septic tank. Tie points shall include dimensions measured to the nearest 0.1 inch and be taken from the tie point to a point on the component of the ISDS that is relocated.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12716, eff 1-24-19; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.08)

N.H. Code Admin. R. Ann. Env-Wq 1004.08 Approval to Operate for ISDS Having Multiple Connections to a Single EDA {#sec-env-wq-1004.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.08}

(a) For any ISDS designed to include multiple connections to a single EDA, approval to operate shall be given for the entire installed ISDS only if the entire EDA and all connections are installed at the time of inspection.

(b) If one or more connections have not been installed to the approved EDA at the time of inspection:

(1) An amended plan showing only those connections that have been completed shall be submitted and an amended construction approval from the department shall be necessary; and

(2) An approval to operate shall be given for the EDA only, and for those individual connections that have been installed in accordance with the approved amended plans.

(c) Any additional connections to the EDA made after approval to operate has been given shall require submission of a new application for a collection system tie-in in accordance with Env-Wq 1003.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.09)

N.H. Code Admin. R. Ann. Env-Wq 1004.09 Approval to Operate for P.E.-Required ISDS {#sec-env-wq-1004.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.09}

(a) To receive approval to operate for an ISDS that is required by Env-Wq 1003.02(d) to be designed by a permitted designer who is also a licensed professional engineer (P.E.), the provisions of (b) through (d), below, shall be met.

(b) The installation of the ISDS components shall be inspected throughout the construction process by the permitted designer and P.E. whose stamp and seal appear on the approved plan or by an equivalently-qualified permitted designer and P.E, including the installation of each of the following:

(1) The preparation of the basal area;

(2) The components of and elevations associated with the bed bottom;

(3) The EDA and EDA fill materials;

(4) The septic tank;

(5) Any sewer manholes; and

(6) Any associated pipe materials and connections.

(c) If the plans approved by the department identify specific inspection requirements, those requirements shall be the minimum necessary to comply with (b), above.

(d) The applicant shall submit a written certification, which has been signed by and which bears the stamp and seal of the individual who inspected the system’s installation pursuant to (b), above, that the ISDS has been installed in accordance with the approved plans.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.10)

N.H. Code Admin. R. Ann. Env-Wq 1004.10 Use of Installer’s Permit Number {#sec-env-wq-1004.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.10}

(a) Each permitted installer shall be responsible for all construction or other installation activities performed under their permit number.

(b) All construction or other installation activities conducted using a particular installer’s permit number shall be performed under that installer’s supervision.

(c) All construction or other installation activities shall be conducted so as to comply with applicable requirements in these rules.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.11)

N.H. Code Admin. R. Ann. Env-Wq 1004.11 Field Waivers Prohibited {#sec-env-wq-1004.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.11}

No field waivers shall be granted to accommodate non-conformance with approved plans or inaccurate information on approved plans or for any other reason.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.12)

N.H. Code Admin. R. Ann. Env-Wq 1004.12 Expiration of Construction Approvals; Retention of Plans {#sec-env-wq-1004.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.12}

(a) Except as provided in (c), below, or in Env-Wq 1004.19(d), all construction approvals issued by the department shall expire as provided in (b), below.

(b) If a construction approval for an ISDS has been issued but approval to operate has not been issued, the construction approval shall expire 4 years from the date of the construction approval, if no request for an inspection has been received by the department.

(c) If the ISDS is actively under construction when the construction approval will expire, including construction approvals granted to replace a failed system under Env-Wq 1004.20:

(1) The permitted designer or installer may request an extension of up to 90 days past the expiration date by submitting a written request to the department prior to the expiration of the construction approval or within the requested 90-day extension time period; and

(2) The department shall grant the extension if the request identifies the construction approval number and estimated time required to complete the ISDS, and confirms that the ISDS is actively under construction.

(d) The permitted designer or installer may submit a written request for an additional 90-day extension if circumstances exist that are beyond the control of the permitted installer and the ISDS owner. The department shall grant the extension if the request contains the same information as listed in (c)(2), above, along with a clear explanation of why there are circumstances beyond their control.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.13)

N.H. Code Admin. R. Ann. Env-Wq 1004.13 Installation of Well in Undesignated Location {#sec-env-wq-1004.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.13}

(a) If the well is not installed in the location or area designated on the plan associated with the construction approval pursuant to Env-Wq 1004.07(a), then:

(1) The water well contractor shall comply with RSA 485-A:30-b, I(g); and

(2) Setbacks to all ISDS components shall be maximized to the greatest extent possible.

(b) If, prior to the installation of the ISDS, the well is installed in a location or area other than as designated on the plan associated with the construction approval pursuant to Env-Wq 1004.07(a) and the actual location reduces lot loading below the approved design flow, then the applicant shall submit a request to amend the approval for construction for a design flow commensurate with lot loading.

(c) If, subsequent to the installation of the ISDS, the well is installed in a location or area other than as designated on the plan associated with the construction approval pursuant to Env-Wq 1004.07(a) and the actual location reduces lot loading below the approved design flow, the lot loading for a replacement ISDS shall be in accordance with Env-Wq 1008.02.

(d) If the construction approval contains a condition that the well location noted on the approved plan is a critical well location, as defined in We 101.11, and the well cannot be installed as designated on the approved plan, then:

(1) Subsections (a) through (c), above, shall not apply;

(2) The owner shall be required to obtain an amended plan or new approval for construction with the assistance of a permitted designer for a design that shows the well at a location where it can be installed and a design flow commensurate with the lot loading available for the lot with the well at that location; and

(3) The ISDS shall not be installed prior to installation of the well.

(e) If an application for an ISDS cannot be approved unless a new well is installed and an existing well is no longer used, the approval for construction shall be conditioned upon the installation of the new well.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.14)

N.H. Code Admin. R. Ann. Env-Wq 1004.14 Transfer of Subdivision Approvals {#sec-env-wq-1004.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.14}

A subdivision approval issued under these rules shall be transferable to any future owner(s) of the property for which the approval was issued.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.15)

N.H. Code Admin. R. Ann. Env-Wq 1004.15 Transfer of Construction Approvals {#sec-env-wq-1004.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.15}

(a) The department shall transfer an unexpired construction approval for which approval to operate has not yet been issued from one owner to a new owner upon request of the new owner in accordance with this section.

(b) Prior to requesting a transfer of the construction approval, the new owner(s) shall:

(1) Read, view, and possess prior approvals, plans, and any related conditions assigned thereto; and

(2) Agree to abide by the previously-issued approvals.

(c) The new owner(s) shall complete and submit to the department an “Application for Transfer of Ownership of an Approval for Construction”, NHDES-W-05-011, February 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-05-011.

(d) By signing the form, the new owner(s) shall agree to the following certification:

“I/we, the undersigned, certify that I am/we are the present owner(s) of the property and that I/we have read, viewed, and possess the prior approvals, plans, and any related conditions assigned thereto. I/we agree that I/we will abide by the previously-issued approvals. I/we fully understand that the individual sewage disposal system must be constructed in strict accordance with these plans and that no waivers to this construction approval will be allowed. Any changes will require a new submission, review, and approval prior to any construction.”

(e) The ISDS shall be constructed in strict accordance with the approved, transferred plans, and no waivers to this construction approval shall be allowed.

(f) Any changes to the ISDS design shall require a new submission, review, and approval prior to any construction.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.16)

N.H. Code Admin. R. Ann. Env-Wq 1004.16 Suspension or Revocation of Approvals {#sec-env-wq-1004.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.16}

(a) For purposes of this section, “approval” means a subdivision approval, construction approval, approval to operate, or waiver.

(b) Any approval issued by the department shall be issued based on the presumption that the information submitted as part of the application is true, complete, and not misleading.

(c) If, after the issuance of an approval, the department receives information indicating that information material to the approval’s issuance was not true and complete or was misleading, the department shall commence an adjudicative proceeding in accordance with Env-C 200 to suspend or revoke the approval if the department would have issued a different decision.

(d) If as a result of the hearing the department determines that the approval would not have been issued if the true and complete information had been presented at the time of the application but that the site can be made to conform to the requirements of the rules, the department shall suspend the approval and shall reinstate the approval upon receiving proof from the permittee that the site meets the requirements of the rules for approval.

(e) If as a result of the hearing the department determines that the approval would not have been issued if true and complete information had been presented at the time of the application and that the site cannot be made to conform to the requirements of the rules, the department shall revoke the approval.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.17)

N.H. Code Admin. R. Ann. Env-Wq 1004.17 Repair or Replacement of Existing Residential ISDS {#sec-env-wq-1004.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.17}

(a) Repair or replacement, as defined in Env-Wq 1002.60, of an existing residential ISDS shall qualify for a permit by rule if it meets the requirements of RSA 485-A:33, IV and the minimum tank size in Env-Wq 1010.01 pursuant to RSA 485-A:33, IV(6), and if the applicant:

(1) Completes and submits to the department either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form an “Application for Repair or Replacement In Kind of an Individual Sewage Disposal System”, Form NHDES-W-05-001, February 2026, located at https://onlineforms.nh.gov/?formtag=NHDES-W-05-001, in addition to the documentation required by RSA 485-A:33, IV(b);

(2) The form is signed by the applicant and the property owner; and

(3) Submits an existing conditions plan at the time of inspection pursuant to RSA 485-A:33, IV(c) prepared on a copy of the original ISDS plan that received approval from the department, updated to show:

a. The location of the replacement ISDS;

b. All ISDS connections to buildings;

c. All applicable ISDS elevations;

d. New tie stake locations with measurements to a minimum of 2 corners of the bed and a new benchmark on the site;

e. The current drinking water source;

f. Any improvements that have been completed to any structures that connect to the ISDS on the property; and

g. All applicable setbacks identified pursuant to Env-Wq 1008.05.

(b) For an application submitted pursuant to (a), above, the form shall be signed by the applicant and the property owner, and each signature shall constitute certification by the signer that:

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

(2) The signer understands that the submission of false, incomplete, or misleading information constitutes grounds for the department to:

a. Deny the application to which it relates;

b. Revoke any approval that is granted based on the information;

c. If the signer is a permitted designer, suspend, revoke, or refuse to renew the designer’s permit; and

d. If the signer is a professional engineer, refer the matter to the office of professional licensure and certification.

(c) For the repair or replacement of an existing residential ISDS that does not meet the requirements in RSA 485-A:33, IV, except as provided in (e), below, the applicant shall obtain construction approval and approval to operate as otherwise provided in these rules by submitting an application pursuant to Env-Wq 1003.04.

(d) Subject to (d), below, any replacement ISDS shall be installed by a permitted installer.

(e) As specified in RSA 485-A:36, II(a), an individual may install the replacement ISDS if:

(1) It will serve the individual’s own domicile as defined in Env-Wq 1002.18; and

(2) The individual certifies through an affidavit using the “Homeowner Installation of a Replacement Individual Sewage Disposal System” form, NHDES-W-05-007, February 2026, located at https://onlineforms.nh.gov/?formtag=NHDES-W-05-007, that the structure served by the replacement ISDS is their domicile.

(f) No approval from the department shall be required to repair a residential ISDS provided that:

(1) The repair is limited to the sewer pipe that extends from the structure to the septic tank and from the septic tank to the distribution box, and includes the distribution box outside of or within the footprint of the EDA;

(2) The replacement components are installed in the same location as the ones they replace;

(3) The replacement components have at least the same capacity as the ones they replace;

(4) The replacement components meet the requirements of Env-Wq 1009 and Env-Wq 1015; and

(5) All work is done by a permitted installer, or by the homeowner for their domicile.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.18)

N.H. Code Admin. R. Ann. Env-Wq 1004.18 Replacement of Other Existing ISDS {#sec-env-wq-1004.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.18}

(a) If an ISDS that serves a structure other than a residence or that receives anything other than sewage for disposal needs to be repaired or replaced, the ISDS owner shall work through a permitted designer to submit an application for a replacement ISDS for approval in accordance with this chapter.

(b) Any replacement ISDS approved based on an application required by (a), above, shall be installed by a permitted installer.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.19)

N.H. Code Admin. R. Ann. Env-Wq 1004.19 Replacement of Systems in Failure; Pumping Required {#sec-env-wq-1004.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.19}

(a) The owner of an ISDS in failure as defined in RSA 485-A:2, IV shall take such action as is necessary to prevent any wastewater from flowing onto or into the ground or to the EDA, by either:

(1) Vacating the premises served by the ISDS; or

(2) Having a licensed septage hauler pump out the septic tank at sufficient frequencies to prevent wastewater from otherwise exiting the septic tank, if the EDA is the source of the failure.

(b) If the owner elects to pump the tank in lieu of vacating the premises, the owner shall so notify the department and the local health officer and retain all pumping receipts for inspection by department staff or the health officer.

(c) All applications submitted for the purpose of correcting an ISDS in failure shall be accompanied by a written statement from the town health officer or a permitted designer confirming that the existing ISDS is in fact in failure.

(d) Subject to (e), below, construction approvals granted for replacement of an ISDS in failure shall be valid for 180 days.

(e) The department shall grant an extension of up to an additional 180 days if the department determines that circumstances beyond the control of the ISDS owner have prevented the ISDS from being completely installed and pumping receipts have been provided to the department for the first 180-day period.

(f) Failure to complete construction within the approval period shall result in the invalidation of the approval.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.20)

N.H. Code Admin. R. Ann. Env-Wq 1004.20 When Installation of Replacement ISDS Required {#sec-env-wq-1004.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.20}

(a) If approval of a replacement ISDS is obtained pursuant to Env-Wq 1004.19 relative to systems in failure, the replacement ISDS shall be installed prior to the expiration of the approval as specified in Env-Wq 1004.19(d).

(b) If approval of a replacement ISDS has been obtained pursuant to these rules for any reason other than to address a system in failure as covered by (a), above, the replacement ISDS shall be installed if the existing ISDS:

(1) Has not received construction approval and approval to operate under these rules or predecessor rules in Env-Ws 1000, unless:

a. The applicant submits documentation to show the existing ISDS was repaired or replaced in kind in compliance with requirements in place at the time the work was done; or

b. All of the following requirements are met:

1. A permitted designer inspects the existing ISDS and provides documentation that it is not in failure and that no waivers for setback distances to the seasonal high water table, surface waters, or wetlands with very poorly drained soils are needed;

2. The septic tank either meets the minimum tank capacity requirements in Env-Wq 1010 or a septic tank meeting the minimum requirements is installed under a separate construction approval and receives an approval to operate;

3. The existing ISDS has a calculated flow of not more than 600 gallons per day; and

4. A gravity grease interceptor is either not needed or, if needed for the existing use, is installed with a separate construction approval and receives an approval to operate; or

(2) Fails after receiving construction approval or otherwise needs to be repaired or replaced.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.21)

N.H. Code Admin. R. Ann. Env-Wq 1004.21 Expansion, Relocation, or Replacement of Existing Structures {#sec-env-wq-1004.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.21}

(a) Any person seeking construction approval or approval to operate from the department for the expansion, relocation, or replacement of any structure shall comply with RSA 485-A:38.

(b) For property in the protected shoreland, no structure shall be replaced, relocated, or expanded without the owner first determining that such replacement, relocation, or expansion will not violate RSA 483-B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.22)

N.H. Code Admin. R. Ann. Env-Wq 1004.22 Expansion of Existing Use, Including Conversion to Full-Time Occupancy {#sec-env-wq-1004.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1004.22}

(a) As required by RSA 485-A:38, I, the owner of a structure shall submit an application for approval of an ISDS to serve the structure prior to expanding the structure or any change in use of the structure, such that the load on the sewage disposal system would increase.

(b) Prior to submitting an application pursuant to (a), above, the owner shall work with a permitted designer to determine whether the ISDS serving the structure is a state-approved ISDS that:

(1) Meets the requirements of Env-Wq 1000 in effect at the time the expansion or conversion, as applicable, is proposed;

(2) Is sized to accommodate the proposed use;

(3) Does not need to be modified, such as by adding gravity grease interceptor; and

(4) Meets the minimum standards for use or occupancy of the town or city in which the property is located.

(c) No application for a new ISDS shall be required if:

(1) The ISDS serving the structure meets the criteria specified in (b), above;

(2) The property is not within the protected shoreland; and

(3) The property meets the definition of full-time use or occupancy as of January 1, 1990.

(d) If the criteria of (c), above, are not met, the property owner shall work with a permitted designer to submit an ISDS application in accordance with Env-Wq 1003.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12716, eff 1-24-19; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1004.23)

Part Env-Wq 1005 Subdivisions, Lot Sizes, and Lot Loading

N.H. Code Admin. R. Ann. Env-Wq 1005.01 Purpose {#sec-env-wq-1005.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.01}

Subdivision rules are to assure to the greatest extent possible that each lot in a subdivision or the property on which a condominium is proposed can sustain on-site sewage disposal indefinitely so that the purposes expressed in RSA 485-A:1 and Env-Wq 1001.01 can be achieved and smart growth can be encouraged, pursuant to RSA 9-B:3.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.02 Lot Size {#sec-env-wq-1005.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.02}

(a) Each lot created after September 1, 1989 shall contain not less than the area required for the greater of:

(1) A wastewater load of 600 GPD; or

(2) The wastewater load calculated for the proposed use based on the unit design flows specified in Env-Wq 1008.04(f), Table 1008-1.

(b) Lot size shall be calculated on the basis of the site loading for each soil type on the lot, subject to the following:

(1) In all cases, the lot shall contain a minimum of 20,000 contiguous square feet (SF) of soil suitable for a receiving layer;

(2) At least 4,000 SF of the contiguous area, excluding the footprint of the building to be served by the ISDS, shall meet all applicable requirements for the placement of an ISDS; and

(3) For lots on which the primary use is not a single-family house, the area required by (a)(2) shall contain one or more areas on which one or more EDAs designed to accept the proposed flow can be installed.

(c) To show the suitable contiguous area, the applicant shall:

(1) Show the area on the plan with the test pit;

(2) Submit an acceptable ISDS design meeting all applicable requirements of Env-Wq 1003 and having the minimum design flow specified in (a), above; or

(3) Submit a copy of a department-issued construction approval with approved plans and specifications, including test pit data based on Munsell Soil Color Charts (2009), available as noted in Appendix B, for an ISDS on the lot having the minimum design flow specified in (a), above.

(d) When test pits indicate conditions other than those derived based on USDA-NRCS soil maps, the following shall apply:

(1) If reported soil conditions are better than indicated by the USDA-NRCS soil maps and the submitted test pit data is not consistent with the department’s on-site inspection, the department shall request new test pits for inspection by department staff to determine the soil’s capability for effluent disposal; and

(2) If reported soil conditions are worse than indicated by the USDA-NRCS soil maps, the reported site conditions shall be used as a basis for calculating minimum lot size.

(e) Land created by filling with soil from off-site, as classified by the USDA-NRCS, shall be assessed on its own soil characteristics.

(f) The following areas shall not be included as available land when calculating minimum lot size, even though a lot’s boundaries might include these areas:

(1) Surface waters, including lakes, ponds, rivers, and streams;

(2) Very poorly drained soils;

(3) All land within the protective well radius of an on-lot well;

(4) Any legally-established or proposed easement or right-of-way, such as for utility lines or for passage, if the easement or right-of-way grants an exclusive use or explicitly excludes the area from using it for the disposal or treatment of sewage;

(5) Areas of ledge outcrop; and

(6) Any area having a slope in excess of 35%.

(g) The slope of a lot shall be determined by either finding the average slope across the lot, measured perpendicular to the contours, or by depicting areas within the boundaries of a lot that have different slopes.

(h) For lots with peaks, gullies, or ridges, a composite average slope shall be used.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12716, eff 1-24-19; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.03 Minimum Lot Sizes {#sec-env-wq-1005.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.03}

(a) The minimum lot size for any lot shall be determined in accordance with this section.

(b) Factors for sewage loading shall be determined based on soil groups and slopes as set forth in Table 1005-1 below, subject to the notes in (c) through (e), below:

Table 1005-1: Soil Group/Percent Slope Sewage Loading Factors

Soil Group→

Slope ↓

1

2

3

4

5

6

0-8% or

A/B

1.0

1.3

1.6

1.45

3.0

See (c)

8-15% or

C

1.1

1.43

1.76

1.6

Not Applicable

See (c)

15-25% or

D

1.2

1.56

2.08

1.73

Not Applicable

See (c)

25-35% or

E

1.3

1.69

2.4

1.90

Not Applicable

See (c)

(c) Very poorly drained soils shall not be counted toward lot loading to obtain subdivision approval.

(d) For purposes of determining minimum lot sizes, soil groups shall be as follows:

(1) Group 1 soils shall be well-drained to excessively well-drained with rapid permeability that includes a minimum estimated seasonal high water table at 40 inches and a percolation rate of 2 minutes per inch or less;

(2) Group 2 soils shall be well-drained with moderate permeability that includes a minimum estimated seasonal high water table at 40 inches and a percolation rate of greater than 2 minutes per inch;

(3) Group 3 soils shall be moderately well-drained, well-drained with hardpan, where the seasonal high water table is less than 40 inches or ledge is encountered at a depth of less than 4 feet and the estimated seasonal high water table is present;

(4) Group 4 soils shall be bedrock relatively close to the surface, where ledge is encountered at a depth of less than 4 feet, and the estimated seasonal high water table is not present;

(5) Group 5 soils shall be poorly-drained soils; and

(6) Group 6 soils shall be very poorly drained soils.

(e) Soil group shall be:

(1) Determined using the USDA-NRCS web soils survey (WSS), available at http://websoilsurvey.sc.egov.usda.gov; and

(2) Confirmed with one or more test pits dug as specified in Env-Wq 1006.

(f) For individual lots served or proposed to be served by an on-lot ISDS and an off-lot public water system, the lot size shall be a minimum of 20,000 SF contiguous area or calculated using (i) below, whichever is larger.

(g) For individual lots served or proposed to be served by an on-lot water supply with an off-lot ISDS, the size of the lot shall be established in accordance with (i), below.

(h) Manufactured housing park sites with on-site wastewater disposal shall be at least 10,000 SF multiplied by the factor listed in Table 1005-1.

(i) The minimum lot size in acres for all other commercial and residential subdivisions shall be calculated by dividing the estimated daily flow (Q) of sewage in gallons per day by 2,000 gallons per day per acre and then multiplying by the sewage loading factor established in Table 1005-1, as indicated in the following formula:

Lot Size = (Q in gpd ÷ 2,000 gpd per acre) x sewage loading factor

Note: The areas to be excluded from available land pursuant to Env-Wq 1005.02(f) shall be subtracted from the calculated lot size.

(j) For purposes of (i), above, Q shall be the estimated daily flow calculated in accordance with Env-Wq 1008.04(d) or 600 GPD, whichever is greater, except that for recreational campgrounds or camping parks that existed prior to January 1, 1993, Q may be calculated in accordance with Env-Wq 1008.04(c) so long as no additional lots are created.

(k) Each studio or 1-bedroom apartment shall be figured as 1.5 bedrooms for sewage loading purposes, where a bedroom represents a sewage loading of 150 gallons per day.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.04 Open Space/Conservation Subdivisions {#sec-env-wq-1005.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.04}

(a) Subject to (b), below, the total land area required for a proposed open space/conservation subdivision shall be calculated in accordance with Env-Wq 1005.03, where Q is the total combined estimated daily flow of sewage from all proposed structures, calculated as the number of residential structures multiplied by the design flow for each structure or 600 GPD, whichever is greater.

(b) The following shall not be included when calculating the total usable land area of the subdivision:

(1) The full area of the protective radius of each well; and

(2) Any other areas required to be deducted pursuant to Env-Wq 1005.02.

(c) Each lot served by an on-lot ISDS shall be of sufficient size to accommodate an EDA of twice the size of the EDA required for the proposed sewage load for that lot as specified in Env-Wq 1016 and any fill extensions associated with the ISDS.

(d) Documents creating a conservation restriction for the benefit of the individual lots to permanently protect the open space area against development that would be inconsistent with the conservation interest instrument requirements specified in Env-Wt 807 shall be submitted to the department with the application for all land areas that:

(1) Are not part of an individual lot but are otherwise part of the total area required for sewage loading as calculated pursuant to (a), above; or

(2) Constitute the area required for the protective radius of any well.

(e) The right to use areas dedicated to off-lot ISDS for purposes of wastewater disposal shall be specifically provided by an easement in the deed to the lot. Said rights shall be worded such that they are inseparable from the deed without express written consent from the department and all other governmental agencies having jurisdictional control.

(f) Lot owner responsibility for off-lot ISDS, off-lot water supplies, or both, that are dedicated to the open space/conservation subdivision shall be clearly established in documents submitted to the department and recorded in the chain of title for each lot.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.05 Lot Width {#sec-env-wq-1005.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.05}

Each lot in a subdivision other than an open space/conservation subdivision shall be of sufficient width in the areas where the ISDS and the well are to be placed to accommodate all fill extensions specified in Env-Wq 1021.04 and the on-lot protective well radius specified in Env-Wq 1008.09.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.06 Easements and Flowage Easements {#sec-env-wq-1005.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.06}

(a) In any subdivision where effluent disposal will not be on the same lot(s) as the structure(s) that will generate sewage or other waste, a permanent easement shall be created for sewer lines to the disposal site(s) that includes provisions for maintenance and repair or replacement of the sewer lines and ISDS.

(b) For subdivisions where sewers cross or are proposed to cross roads or rights-of-way, a perpetual utility easement shall be established across the road or right-of-way that specifically accommodates the installation, maintenance, and repair or replacement of the sewer line.

(c) No ISDS components shall be installed within areas subject to deeded rights of flowage.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.07 Test Pits and Percolation Tests for Subdivisions {#sec-env-wq-1005.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.07}

The suitability of each lot that has or will have on-site sewage disposal shall be demonstrated by test pits in accordance with Env-Wq 1006 and a percolation test at each site dedicated to sewage disposal in accordance with Env-Wq 1007.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.08 Condominium Conveyance {#sec-env-wq-1005.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.08}

(a) Subdivision plans shall be submitted in accordance with Env-Wq 1003 for any proposed conversion of existing developed property to condominium ownership if the resulting condominiums will not be served by a municipal sewer.

(b) Prior to receiving subdivision approval for conversion of existing developed property into condominiums, the applicant shall show either that the existing ISDS is sufficient for the proposed use, as described in (c), below, or that the property proposed to be converted to condominiums is capable of supporting a replacement ISDS, as described in (d), below.

(c) The existing ISDS shall be deemed sufficient for the proposed use if the applicant shows that the ISDS:

(1) Received construction approval and approval to operate from the department within 20 years of the date of the submission of the subdivision application; and

(2) Meets ISDS design standards in effect as of the date the subdivision application is submitted, with no waivers to:

a. The lot loading that would be required if the subdivision application is approved; or

b. Any setbacks to surface water or groundwater.

(d) The property proposed to be converted to condominiums shall be deemed capable of supporting a replacement ISDS if the applicant submits an application for approval of an ISDS in accordance with Env-Wq 1003, with no requests for waivers to lot loading or setbacks to surface water or groundwater.

(e) Drinking water supplies from groundwater aquifers for existing developed property that is to be converted to condominiums shall be protected by restricting land use and prohibiting all activity detrimental to water quality and quantity within the minimum distances established by Env-Wq 1008.06, Table 1008-3, based upon the average daily demand on the system.

(f) The protective well radius shall be preserved in accordance with Env-Wq 1008.08.

(g) The responsibility for maintenance, operation, replacement, and protection of the water supply and sewage disposal systems shall be clearly established by the condominium agreement.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.09 Manufactured Housing Parks {#sec-env-wq-1005.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.09}

(a) Subdivision plans for a manufactured housing park shall be submitted in accordance with Env-Wq 1003 if the resulting park will not be served by a municipal sewer.

(b) Lots within manufactured housing parks shall conform to the size requirements of Env-Wq 1005.03(h).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.10 Recreational Campgrounds or Camping Parks {#sec-env-wq-1005.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.10}

(a) Each site within a recreational campground or camping park at which pressurized potable water hook-ups are available and which is used by the same recreational vehicle (RV) for a period of more than 3 consecutive weeks but not on a year-round basis shall be provided with an on-site sewage collection system, which shall convey the sanitary wastes from the RV to either an on-lot or off-lot ISDS approved by the department in accordance with these rules.

(b) Any site within a recreational campground or camping park that is intended for year-round use shall meet the requirements of Env-Wq 1008.04 for a single-family house.

(c) Each site within a recreational campground or camping park at which pressurized potable water hook-ups are available and which is used by the same RV for a period of 3 consecutive weeks or less, shall not require an on-site sewage collection system, provided that sanitary service stations, sanitary service vehicles, rest rooms, or a combination thereof are available at the campground to handle the disposal of all wastewater.

(d) At sites where no pressurized water is provided, the recreational campground or camping park shall provide means of sanitary waste disposal such as sanitary service stations, sanitary service vehicles, or rest rooms, or any combination thereof.

(e) Subdivision plans for recreational campgrounds or camping parks shall be submitted as specified in Env-Wq 1003.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1005.11 Non-Building Lots {#sec-env-wq-1005.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1005.11}

(a) The purpose of this section is to accommodate the creation of lots for public purposes on which wastewater will not be generated or disposed or which do not meet the criteria established for minimum lot size under these rules. Such lots are typically created for purposes of providing public access to, or public use of, natural resources such as lakes, rivers, wildlife preserves, or parks, or to provide green space or open space in accordance with RSA 674:21-a.

(b) For purposes of this section, the following definitions shall apply:

(1) “Anti-merger clause” means a clause in a legal document such as a deed which has the legal effect of precluding the ownership of a conservation restriction from merging with the fee ownership of the land underlying the restriction in such a way as to extinguish or otherwise eliminate the restriction;

(2) “Building lot” means:

a. A proposed lot on which a building from which wastewater will discharge either:

1. Exists at the time of application for subdivision; or

2. Is intended to be erected at some time in the future; or

b. A proposed lot which meets the minimum lot size requirements of Env-Wq 1005.02, Env-Wq 1005.03, Env-Wq 1005.04, or Env-Wq 1005.06 through Env-Wq 1005.11, as applicable, regardless of whether a building from which wastewater discharges is intended to be erected;

(3) “Conservation restriction” means “conservation restriction” as defined by RSA 477:45, I, except that for purposes of this section:

a. The term is limited to the prohibition against:

1. Constructing a building from which wastewater will be discharged; and

2. Discharging wastewater to the land which is subject to the conservation restriction; and

b. The conservation restriction is recorded and is valid and enforceable until such time as the lot is served by municipal sewer, provided, however, that nothing herein shall prevent the conservation restriction from lasting in perpetuity if the grantor and grantee of the conservation restriction so desire;

(4) “Conservation restriction grantee” means an agency of federal, state, county, or local government or a private non-profit legal entity which has as one of its primary purposes the holding of conservation restrictions so as to preserve land in an undeveloped state; and

(5) “Non-building lot” means a proposed lot on which a building from which wastewater will discharge does not exist at the time of application for subdivision and will not be erected, that does not meet the applicable requirements of Env-Wq 1005.02, Env-Wq 1005.03, or Env-Wq 1005.05 through Env-Wq 1005.10.

(c) Any person who wishes to create one or more non-building lots as part of a subdivision otherwise subject to these rules shall comply with the requirements of this section for such lot(s).

(d) Each proposed non-building lot shall be identified on the subdivision application and plan with the words “NON-BUILDING LOT” in capital letters and in boldface type or underlined, or both, in a plain font of sufficient size to be readily noticed by the average person.

(e) Any approval of a subdivision containing one or more non-building lots shall identify the non-building lot(s) by lot number and the words “NON-BUILDING LOT” in capital letters on the subdivision approval.

(f) Notwithstanding Env-Wq 1003.06, for any proposed non-building lot(s) the applicant shall not be required to provide test pit or percolation test data for the proposed non-building lot(s).

(g) Applications for subdivisions creating one or more non-building lots which meet the requirements of (c) through (f), above, shall be approved contingent upon execution of the conservation restriction pursuant to RSA 477:3, acceptance of the conservation restriction pursuant to RSA 477:47, and recording of said conservation restriction in the chain of title of the property on which it is to be created pursuant to RSA 477:3-a.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1006 Test Pits

N.H. Code Admin. R. Ann. Env-Wq 1006.01 Location of Test Pits {#sec-env-wq-1006.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1006.01}

(a) For subdivisions where there is ledge within 4 feet of the surface, the test pit shall be in the location on which the bed is to be placed to prove that a suitable location exists.

(b) For ISDS, the test pit shall be dug within 20 feet of the edge of the proposed bed, in a location that has the same soil and slope conditions as the proposed bed location.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1006.02 Depth of Test Pits {#sec-env-wq-1006.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1006.02}

The test pit shall be of sufficient depth to inspect soil to 4 feet below the bottom of the proposed bed location.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1006.03 Size of Test Pits {#sec-env-wq-1006.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1006.03}

The test pit shall be large enough to visually inspect the soil.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1006.04 Number of Test Pits {#sec-env-wq-1006.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1006.04}

(a) For each lot in a subdivision where ledge is encountered at less than 4 feet, test pits shall be dug to satisfy the requirements of (c), below. The number of test pits shall be determined by a permitted designer, but in no event shall less than 2 test pits be dug.

(b) For ISDS, at least one test pit shall be dug at each proposed effluent disposal site.

(c) For ISDS where ledge is encountered at less than 4 feet, a test pit shall be dug at opposite corners of the disposal area and 35 feet down-slope of the system. If either of the down-slope test pits is less than 3 feet to ledge, then probes shall be required at a 45 degree angle from the bed corners or as required to prove receiving layer requirements.

(d) All holes dug to test the soil, except for holes dug to determine a wetland boundary in accordance with Env-Wq 1014.03, shall be considered test pits.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1006.05 Test Pit Soil Description {#sec-env-wq-1006.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1006.05}

(a) The permitted designer shall record, for each test pit dug, a description of the predominant soil horizons, including:

(1) Color notations based on the Munsell Soil Color Charts (2009), available as noted in Appendix B;

(2) Soil structure;

(3) Soil texture;

(4) Soil consistency;

(5) Redoximorphic features; and

(6) Depth range for each soil horizon.

(b) The terminology used shall be in conformance with the technical standards of the USDA-NRCS National Cooperative Soil Survey, based on the Field Book for Describing and Sampling Soils: Version 4.0, National Soil Survey Center, USDA-NRCS, 2024, available as noted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1006.06 Logging, Submission, and Verification of Test Pit Data {#sec-env-wq-1006.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1006.06}

(a) All test pit data shall be logged by or under the supervision of a permitted designer.

(b) Data for each test pit dug shall be submitted in writing to the department and shall bear the stamp of the permitted designer.

(c) Subject to (d), below, test pit data observed and logged by a permitted designer, other than the permitted designer submitting the application, may be used provided the permitted designer submitting the application assumes responsibility for the accuracy of the data in the test pit log.

(d) The test pit data submitted with an application by a permitted designer shall be recorded in a test pit log, or the applicant shall obtain written authorization from the original permitted designer to use test pit data that had previously been logged for the property.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1006.07 Refill of Test Pits {#sec-env-wq-1006.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1006.07}

(a) Subject to (b), below, each test pit shall be refilled by the end of the day in which it was dug.

(b) Any test pit that will not be refilled by the end of the day in which it was dug shall be:

(1) Covered with a solid material such as planks or plywood to prevent accidental entry into the test pit; and

(2) Filled in as promptly as possible.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1006.08 Additional Test Pits Required {#sec-env-wq-1006.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1006.08}

(a) The department shall require a new test pit(s) to be dug if:

(1) The test pit data submitted with an application is internally inconsistent or is inconsistent with any other information received by the department and the new test pit will require inspection by the department;

(2) The permitted designer submitting the application is not the permitted designer who logged the test pit data and is required to do so to comply with Env-Wq 1006.06; or

(3) The land within the 4,000 SF area required by Env-Wq 1005.02(b)(2) of an approved subdivision or within 75 feet of the proposed EDA location of another permitted designer’s plan has been excavated or received fill material on it or has been compacted, subsequent to the logging of the test pit data per Env-Wq 1006.06.

(b) The department shall require additional test pit(s) to be dug or test probe(s) to be performed if the data submitted pursuant to Env-Wq 1006.04(a) is insufficient to demonstrate that a lot or proposed lot satisfies the requirements of Env-Wq 1005.02 and Env-Wq 1005.03.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1007 Percolation Test

N.H. Code Admin. R. Ann. Env-Wq 1007.01 Location of Percolation Test {#sec-env-wq-1007.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1007.01}

(a) A percolation test shall be conducted in undisturbed soil in the location of the proposed effluent disposal area.

(b) If more than one test is conducted, the test holes shall be spaced at least 20 feet apart.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1007.02 Depth of Percolation Test {#sec-env-wq-1007.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1007.02}

(a) The percolation test shall be conducted in the most restrictive permeable soil horizon above the seasonal high water table and below the A horizon.

(b) Where no A horizon exists, the percolation test shall be taken in the most restrictive layer above the seasonal high water table.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1007.03 Distance from Test Pits {#sec-env-wq-1007.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1007.03}

The percolation test shall be at least 5 feet from any test pit to assure that it is conducted in undisturbed soil.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1007.04 Size of Test Hole {#sec-env-wq-1007.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1007.04}

The percolation test hole shall be dug with horizontal dimensions of 4 to 12 inches and vertical sides to at least 14 inches into the soil layer specified in Env-Wq 1007.02.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1007.05 Percolation Test Procedures {#sec-env-wq-1007.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1007.05}

Subject to Env-Wq 1007.06, the individual conducting the percolation test shall:

(a) Remove any smeared soil surfaces and provide a natural soil interface into which water will percolate;

(b) Remove all loose material from the hole;

(c) Add 2 inches of coarse sand or fine gravel to protect the bottom of the hole from scouring and sediment;

(d) Fill the hole with clear water to a minimum depth of 12 inches over the gravel and maintain water in the hole for at least 2 hours, or until the drop in water as measured in accordance with (e), below, reaches steady state;

(e) Determine the rate of water loss 2 hours after water is first added to the hole to insure that the soil is given ample opportunity to swell and to approach the condition it will be in during the wettest season of the year;

(f) Add clear water to bring the depth of water in the hole to approximately 6 inches over the gravel, after the rate of water loss has stabilized;

(g) Measure the drop in water level from a fixed reference point, at approximately 10 minute intervals for one hour, refilling 6 inches over the gravel as necessary; and

(h) Use the drop that occurs during the final 30-minute period to calculate the percolation rate.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1007.06 Percolation Tests in Sandy Soils {#sec-env-wq-1007.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1007.06}

The soaking procedure described in Env-Wq 1007.05(d) and (e) shall not be required in sandy soils containing little or no fine particles, but the test may be made after the water from 2 fillings of the hole has completely seeped away.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1007.07 Size of Bed {#sec-env-wq-1007.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1007.07}

The size of the bed shall be based on the percolation rate taken in the soil layer specified in Env-Wq 1007.02.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1008 Design Requirements for All Systems

N.H. Code Admin. R. Ann. Env-Wq 1008.01 Existing ISDS {#sec-env-wq-1008.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.01}

An existing ISDS may be replaced with an ISDS designed for the same sewage load, including the same tank size, even if the lot does not meet the size requirement established as specified in Env-Wq 1008.02(a), provided that:

(a) The existing ISDS is a state-approved system installed after the applicable date in Env-Wq 1003.11(a); and

(b) The sewage load has not increased and is not proposed to increase.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1008.02 Lot Loading {#sec-env-wq-1008.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.02}

(a) Unless otherwise allowed by this section, the maximum allowable loading of sewage for subsurface disposal shall be 2,000 gallons per day (GPD) per acre with the best soil and slope conditions, with loading for a specific lot determined based on soils and slopes as specified in Env-Wq 1005.02 and Env-Wq 1005.03.

(b) If an existing ISDS serving the ISDS owner’s domicile or serving a structure on an existing lot created prior to September 1, 1989 cannot be replaced under (a), above, and is on a lot that does not meet the size requirements for the existing use, the ISDS may be replaced with an ISDS designed for the existing use if the ISDS owner demonstrates that the existing use has not changed since September 1, 1989, by providing:

(1) A town property tax record for 1989 or earlier that is authenticated by a current official of the town; or

(2) A sworn, notarized affidavit that the existing use has not increased from the use existing as of September 1, 1989 from an individual unrelated to the current ISDS owner who:

a. Owned the structure served by the ISDS prior to September 1, 1989;

b. Has personal knowledge of the use of the structure prior to September 1, 1989; or

c. Has knowledge in their official capacity, such as by being a tax assessor or code enforcement officer.

(c) The maximum sewage loading for an undeveloped lot created prior to September 1, 1989 shall be the loading determined as specified in Env-Wq 1005.03 or 300 GPD, whichever is greater.

(d) An undeveloped lot created prior to September 1, 1989 for which the maximum loading under (d), above, is 300 GPD shall be eligible for approval of an ISDS only if:

(1) The ISDS proposed for the lot meets all other applicable requirements in Env-Wq 1000;

(2) The application is accompanied by:

a. Proof that the lot was created in accordance with RSA 149-E or RSA 485-A; or

b. Deed(s) demonstrating that the lot was created prior to the dates specified in Env-Wq 1003.11(a)(1), (2), or (3), as applicable;

(3) The lot is restricted to sewage flows of 300 GPD; and

(4) The plan shows the footprint of the proposed structure.

(e) If approval for operation is issued pursuant to (e), above, the property owner shall record the approval showing that the sewage loading is limited to 300 GPD at the registry of deeds for the county in which the property is located in the chain of title for the property.

(f) A condominium that meets the criteria of Env-Wq 1003.11(c) and that does not meet the loading criteria of (a), above, shall be eligible for approval of an ISDS to replace an existing ISDS only if there will be no expansion of the condominium or of the size or use of the individual units in the condominium.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.01)

N.H. Code Admin. R. Ann. Env-Wq 1008.03 System Capacity; Number of EDAs; Minimum Design Flow {#sec-env-wq-1008.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.03}

(a) The maximum allowable design capacity for an ISDS without a groundwater discharge permit as required under RSA 485-A:13 or RSA 485-C shall be 20,000 GPD.

(b) An ISDS with design capacity of more than 2,500 GPD but no more than 5,000 GPD shall have at least 2 beds separated horizontally by at least 10 feet, provided that the EDA may be a single field if:

(1) A mounding analysis is performed by a professional hydrogeologist, hydrologist, or engineer who specializes in hydrogeology or hydrology on the proposed EDA using the Hantush (1967) method referenced in the “Groundwater Mounding Analysis for Onsite Wastewater Discharge: From Simple to Innovative” (2019), available as noted in Appendix B, or using an equivalent method that is capable of accurately determining groundwater mounding for all types and sizes of EDAs;

(2) The results of the mounding analysis are submitted with the application and show that the required separation distance to SHWT will be maintained for conventional systems and for ITA systems that have been approved under Env-Wq 1024 or Env-Ws 1024; and

(3) The bed size(s) is modified or the separation distance above the SHWT is increased, such that mounding is decreased in order to maintain the required separation distance above the SHWT.

(c) For a system with a design capacity of more than 5,000 GPD:

(1) The system shall have at least 2 beds in the EDA, with the beds separated horizontally by at least 10 feet;

(2) Each bed shall be designed for a flow of not more than 5,000 GPD; and

(3) A mounding analysis shall be submitted that meets the requirements of (b), above.

(d) An ISDS with multiple beds shall have equal distribution or equal dosing of effluent to each bed.

(e) No ISDS shall be designed to accommodate a sewage flow of less than 300 GPD, whether for commercial or non-commercial uses.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.02)

N.H. Code Admin. R. Ann. Env-Wq 1008.04 Daily Flow Volume {#sec-env-wq-1008.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.04}

(a) For the purposes of this section, the following definitions shall apply:

(1) “Full occupancy” for residential use means:

a. Two people per bedroom for all residences or the actual current occupancy of each residence, whichever is greater; and

b. For senior housing, 2 people per residence;

(2) “Full occupancy” for commercial use means the maximum use proposed in the ISDS application, such as the maximum seating for a restaurant;

(3) “Light commercial flow” means flows from specialty retail business, medical and professional offices, conference centers, non-industrial uses, and non-warehouse uses; and

(4) “Heavy commercial flow” means flows from factories, hotel and motels with restaurants or in-house linen cleaning, food and beverage service facilities, food and beverage processing facilities, dine-in and drive-through restaurants, industrial and warehouse uses excluding storage only facilities, laundromats, nursing homes, hospitals, and institutional settings.

(b) In order to determine the appropriate size of the septic system components, such as the septic tank and bed, the daily flow volume of sewage in gallons per day shall be determined as specified in this section.

(c) For existing and new uses, flow shall be based on the unit design flows listed in Table 1008-1, unless otherwise permitted in (d).

(d) Metered water readings shall be allowed as an alternative to (c), above, for a shared ISDS serving multiple residential units with a combined total of more than 12 bedrooms and for commercial structures, provided that:

(1) For existing uses, metered water readings for the use as specified in (e), below, are available;

(2) For new uses, metered water readings for uses that are as similar as possible to the proposed use are used, taking into consideration factors such as occupancy and frequency of use, determined as specified in (e), below; and

(3) Flows are adjusted to full occupancy.

(e) Design flows based on metered water readings, pursuant to (d), above, shall be calculated by finding the average of water meter readings over a period of time that is not less than one year for full-time uses and not less than 4 months and encompassing an entire season of use for seasonable uses, provided that:

(1) For a shared ISDS serving multiple residential units with a combined total of more than 12 bedrooms, the water meter readings shall be adjusted to be representative of the volume of water that will be used at full occupancy by dividing the actual water meter readings by the average number of occupants during the metered period to obtain the average flow volume per occupant and then multiplying this number by the expected number of occupants in each residence at full occupancy pursuant to (a)(2), above;

(2) For commercial structures, the water meter readings shall be representative of the use at maximum capacity, production, or output, as applicable;

(3) The water meter readings shall not be taken during a period of zero occupancy for residential structures or periods of zero capacity, production, or output for commercial uses; and

(4) The average water meter readings shall be:

a. Multiplied by a minimum peaking factor of 2 for a shared ISDS serving multiple residential units with a combined total of more than 12 bedrooms or for commercial light flow; or

b. Multiplied by a peaking factor of 3 for commercial heavy flow.

(f) The unit design flow figures referenced in (b) and (c), above, shall be as listed in Table 1008-1, below, subject to (f) through (h), below:

Table 1008-1: Unit Design Flow Figures

Use

Unit Design Flow

AIRPORTS

5 GPD/Transient plus 10 GPD/Employee

APARTMENTS

See Dwellings

BARS, LOUNGES

See Food Service

BED & BREAKFAST

60 GPD/Guest, based on the greater of 2 guests per room or the actual number of guests the room is designed to accommodate, plus 10 GPD/Employee

BUNKHOUSE

60 GPD/Person

RECREATIONAL CAMPGROUNDS & CAMPS:

Site Using a Central Comfort Station

45 GPD/site

Site with 3-way Hookups; RVs and Park Models up to 400 SF

60 GPD/Hookup or Unit

Site Using an On-Site Dump Station only

60 GPD/Site

Cabin up to 400 SF with Water Service

165 GPD/Cabin

Cabins and Park Models over 400 SF

See DWELLINGS/RESIDENTIAL STRUCTURES

Construction Camps

50 GPD/Person

Day Camps (not including meals)

15 GPD/Person

Dining Facility

3 GPD/Person/meal

Residential Youth Recreation Camps

30 GPD/Person plus 3 GPD/Person/meal

CATERERS – Function Rooms

12 GPD/patron

CHURCHES:

Sanctuary Seating

3 GPD/Seat

Church Suppers

12 GPD/Seat

COUNTRY CLUBS – PRIVATE

Dining Room

10 GPD/Seat

Snack Bar

10 GPD/Seat

Locker & Showers

20 GPD/Locker

DAY CARE CENTERS

10 GPD/Person

DENTISTS

10 GPD/Chair plus 35 GPD/Staff Member

DOCTOR’S OFFICES

250 GPD/Doctor

DOG KENNELS

50 GPD/Kennel, with one dog per kennel

DWELLINGS/RESIDENTIAL STRUCTURES:

Apartment or Condo - Studio or Single Bedroom

225 GPD

Apartment or Condo having 2 or more Bedrooms

150 GPD/Bedroom

Residence - Single-Family House

300 GPD plus 150 GPD for each bedroom over 2

Rooming House – With Meals

75 GPD/Person

Rooming House – Without Meals

50 GPD/Person

Senior Housing

See Senior Housing

FACTORIES (Exclusive of Industrial Waste):

Without Cafeteria or Showers

10 GPD/Person

With Cafeteria, No Showers

15 GPD/Person

With Cafeteria and Showers

20 GPD/Person

Warehouses

10 GPD/Person

FIRE STATIONS – Without full-time employees; without floor drains or food preparation

5 GPD/Person

FOOD SERVICE:

Cafeteria or table service, plus toilet and kitchen waste

40 GPD/Seat plus 20 GPD/Employee

Cafeteria or table service, paper service, plus toilet and kitchen waste

20 GPD/Seat plus 20 GPD/Employee

Drive-through Restaurants

3 GPD/Meal Served plus 20 GPD/Employee

Ice cream dipper

100 GPD/dipper plus 20 GPD/Employee

Kitchen Waste only

3 GPD/Meal served plus 20 GPD/Employee

Bars and lounges

20 GPD/Seat plus 20 GPD/Employee

Function Rooms

12 GPD/Seat plus 20 GPD/Employee

GYMS

See Recreational Facilities

HAIRDRESSERS

150 GPD/Chair plus 20 GPD/Employee

HOSPITALS

200 GPD/Bed plus 20 GPD/Employee

HOTELS AND MOTELS

200 GPD/Room plus 10 GPD/Employee

INSTITUTIONS OTHER THAN HOSPITALS

See Residential Institutions

LAUNDROMATS, COIN-OPERATED

500 GPD/Machine

LOUNGES

See Food Service, Bars/Lounges

MANUFACTURED HOUSING PARKS:

Single bedroom homes

225 GPD

Homes with more than one bedroom

150 GPD/Bedroom/Site with 300 GPD/Site minimum

MOTELS, see HOTELS

NURSING HOMES

125 GPD/Bed plus 20 GPD/Employee

OFFICE BUILDINGS:

Without Cafeteria

10 GPD/Employee

With Cafeteria

15 GPD/ Employee

Unspecified Office Space

5 GPD/100 SF

PICNIC PARKS

See Recreational Facilities

PUBLIC RESTROOM (NO SHOWERS)

5 GPD/Transient if not included in other design flows

RECREATIONAL FACILITIES

Gyms & Exercise Facilities with Toilet Waste Only

5 GPD/Member + 20 GPD/Employee

Gyms & Exercise Facilities with Showers and Toilets

15GPD/Member + 20 GPD/Employee

Sporting Complex with Showers and Toilets

15 GPD/Participant plus 3 GPD/Spectator seat plus 20 GPD/employee

Sporting Complex with Toilet Waste Only

5 GPD/Participant plus 3 GPD/Spectator seat plus 20 GPD/Employee

RESIDENTIAL INSTITUTIONS OTHER THAN HOSPITALS AND NURSING HOMES

135 GPD/Bed plus 20 GPD/Employee

RESTAURANTS

See Food Service

SCHOOLS:

Boarding

100 GPD/Resident student or employee

plus Day School loading for non-resident students and employees

Day, Without Gym, Cafeteria, or Showers

10 GPD/Student or employee

Day, Without Gyms or Showers, with Cafeteria

15 GPD/Student or employee

Day, With Gyms, Showers, and Cafeteria

25 GPD/student plus 15 GPD/employee

SENIOR HOUSING

150 GPD/2 Bedroom unit with a maximum of 2 persons occupancy per unit

SERVICE STATIONS

75 GPD/Island plus 10 GPD/Employee

SKATING RINKS

See RECREATIONAL FACILITIES

SKI AREAS

See Recreational Facilities

STORES:

Dry Goods

5 GPD/100 SF plus 10 GPD/employee

Supermarkets with Meat Dept. without Garbage Grinder

7.5 GPD/100 SF

Supermarkets with Meat Dept. with Garbage Grinder

11 GPD/100 SF

SWIMMING POOLS, Public

See Recreational Facilities

TENNIS COURTS

See Recreational Facilities

THEATERS

3 GPD/Auditorium Seat/Show

TOWN HALLS

5 GPD/Seat for total seating capacity

TOWN OFFICES

10 GPD/Office employee plus 5 GPD /Transient

TRAVEL TRAILER PARKS

See Camps

WAREHOUSES

See Factories

(g) For any combination of uses, such as a day camp that serves meals, a recreational facility that has a cafeteria, a ski area that has a day care, or a single-family residence that also has a studio or one bedroom apartment, the combined total flows shall be used to determine lot loading, but EDA size shall be determined as separate uses and sized in accordance with Env-Wq 1010 for tank sizing, Env-Wq 1016 for bed sizes, and Env-Wq 1024 for ITA approvals and approved manuals for bed sizes.

(h) If the use for any structure is not listed in Table 1008-1, the permitted designer shall estimate the maximum daily flow using one or more of the uses that are listed in Table 1008-1 and that best represent the structure’s use or uses, and submit documentation to support the estimated maximum daily flow.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; amd by #12716, eff 1-24-19; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.03)

N.H. Code Admin. R. Ann. Env-Wq 1008.05 Minimum Distances {#sec-env-wq-1008.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.05}

(a) The minimum separation distance in feet between components of an ISDS and the identified receptors shall be as specified in Table 1008-2, subject to (b) through (e), below:

Table 1008-2: Minimum Separation Distances (in Feet)

Component→

Receptor↓

Septic Tank and Pump Chamber

Bed

Sewer Line

Surface Water

75

75

Boundary of Wetlands with Poorly Drained Soils

50

50

Boundary of Wetlands with Very Poorly Drained Soils

75

75

Watercourse, intercepting SHWT

75

75

Watercourse, not intercepting SHWT

25

35

Culvert With Sealed Pipe Joints

10

25

Catch Basin, Culvert without sealed pipe joints, or Foundation drain outfall

25

25

Water Mains and Water Service Lines, pressurized

10

10

10

Water Service Lines, suction

50

50

50

Property Boundaries

5

10

5

Foundation, any type, with Foundation Drains

5

15

Foundation, full basement, without Foundation Drains

5

10

Foundation, slab, without Foundation Drains

5

5

Foundation Drains Outfall Pipe (Solid)

5

5

Top of Natural Embankment or Natural Steep Slope

5

20

Stormwater Pond intercepting SHWT

50

75

Stormwater Pond not intercepting SHWT

25

35

Geothermal well, open loop

75

75

Geothermal well, closed loop

25

25

Drainage ditch or drainage swale, upgradient of bed, does not intercept SHWT

10

10

Drainage ditch or interceptor drain (for example a curtain drain), upgradient of bed, intercepting SHWT

10

25

Swimming pool, in-ground, downgradient of bed

15

Swimming pool, in-ground, upgradient or side gradient of bed

10

(b) The distance between a septic tank and surface water, watercourse, wetlands with very poorly drained soil, an open loop geothermal well, or a private on-site well may be reduced to 50 feet if:

(1) Pipe having an SDR of 26 or equivalent is used and is solvent cemented or watertight at all pipe joints; and

(2) The tank is monolithic and made from concrete, plastic, fiberglass, or other material meeting Env-Wq 1010 watertight tank requirements or the tank has a reinforced mid-seam seal that is watertight.

(c) The distance between a water main or pressurized water service line and a bed may be reduced to 5 feet, and the distance from a water main or pressurized water service line to a septic tank may be reduced to 5 feet, if the waterline is sleeved in a single, continuous length of SDR 35 pipe or equivalent, to the distance specified in Table 1008-2.

(d) For any well for which a wellhead protection area has been established pursuant to RSA 485-C, the distance between the well and the septic system components shall be as established in the applicable rule in Env-Dw 300.

(e) Setbacks to known burial sites, burial grounds, and cemeteries shall comply with RSA 289:3, III, which prohibits new construction, excavation, and building within 25 feet of a known burial site or within 25 feet of the boundaries of an established burial ground or cemetery, subject to local regulations.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.04)

N.H. Code Admin. R. Ann. Env-Wq 1008.06 Nitrate Setbacks to Property Lines {#sec-env-wq-1008.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.06}

(a) The bed shall be located at or beyond the minimum distances from property lines as shown in Table 1008-3, below.

(b) Executed groundwater easements on abutting property may be used to meet setback distance requirements and shall be depicted on all ISDS plans.

(c) An applicant may request a reduction in one or more of the minimum nitrate setback distances by submitting a hydrogeological analysis of the property demonstrating that the requirements of Env-Wq 402 will be met. If the department determines that the analysis validly demonstrates that the minimum specified nitrate setback distance is not required and the discharge is not prohibited by Env-Wq 402, the department shall approve a reduced setback.

(d) For flows of less than 1,000 GPD, the setback distance to any property line shall be as specified in Table 1008-2.

(e) If 2 or more EDA are proposed for a single lot and the total combined design flow equals 1,000 GPD or more, the setback distances for each bed shall be determined as follows:

(1) For any bed that is within the setback distance specified in (f), below, or Table 1008-3, below, as applicable, of any other bed on the same lot, the setback distances for both beds shall be as specified in Table 1008-3, below, for the total combined flow to the beds; and

(2) For any bed that is not within the setback distances specified in (f), below, or Table 1008-3, below, as applicable, of any other bed on the same lot, the setback distances for that bed shall be based on the flow to that bed, as follows:

a. If flow to the bed is less than 1,000 GPD, the distances to property lines shall be as specified in (d), above; or

b. If flow to the bed is 1,000 GPD or more, the distances to property lines shall be as specified in Table 1008-3, below.

(f) For purposes of determining whether a bed is within the setback distances of another bed on the same lot where the flow to one or both of the beds is less than 1,000 GPD, the setback distances shall be as follows:

(1) If the bed is hydraulically down-gradient, 50 feet;

(2) If the bed is hydraulically side-gradient, 25 feet; and

(3) If the bed is hydraulically up-gradient, 12 feet.

(g) Minimum nitrate setback distances to property lines and for use when determining whether (e)(1) or (e)(2), above, applies shall be as follows:

Table 1008-3: Minimum Nitrate Setback Distances (in feet)

Design Flow, GPD

Hydraulically

Down-gradient

Hydraulically

Side-gradient

Hydraulically

Up-gradient

1,000-1,100

55

28

14

1,101-1,200

60

30

15

1,201-1,300

65

33

17

1,301-1,400

70

35

18

1,401-1,500

75

38

19

1,501-1,600

80

40

20

1,601-1,700

85

43

22

1,701-1,800

90

45

23

1,801-1,900

95

48

24

1,901-2,000

100

50

25

2,001-2,100

105

53

27

2,101-2,200

110

55

28

2,201-2,300

115

58

29

2,301-2,400

120

60

30

2,401-2,500

125

63

32

2,501-3,000

150

75

37

3,001-3,500

175

88

44

3,501-4,000

200

100

50

4,001-4,500

225

113

57

4,501-5,000

250

125

63

5,001-6,000

275

138

69

6,001-7,000

300

150

75

7,001-8,000

320

160

80

8,001-9,000

340

170

85

9,001-10,000

350

175

88

10,001-15,000

435

213

107

15,001-19,999

500

250

125

(h) Replacement systems where the flow existed prior to September 1, 1989 are not required to meet nitrate setbacks provided there is no increase in flow.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.05)

N.H. Code Admin. R. Ann. Env-Wq 1008.07 Protective Well Radii - Distance {#sec-env-wq-1008.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.07}

(a) A protective area designated as the “protective well radius” shall be maintained around every private commercial or non-commercial drinking water well.

(b) Subject to Env-Wq 1008.08, the protective area shall be a uniform circle on lot having a radius determined based on the total proposed daily sewage flow, as set forth in Table 1008-4, below, for private well sources, and pursuant to Env-Dw 300 and Env-Dw 400 for public well sources:

Table 1008-4: Protective Well Radii for Shallow or Dug Wells or Drilled Bedrock Wells

Daily Sewage Flow (GPD)

Radius (ft.)

0-750

75

751-1,440

100

1,441-4,320

125

4,321-14,400

150

14,401-28,800

175

28,801-57,600

200

57,601-86,400

250

86,401-115,200

300

115,201-144,000

350

greater than 144,001

400

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.06)

N.H. Code Admin. R. Ann. Env-Wq 1008.08 Protective Well Radii - Uses {#sec-env-wq-1008.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.08}

(a) Unless precluded by other state or local regulation, the land surface within a protective well radius may be used for the normal residential or commercial surface activities associated with the structure served by the well, such as buildings, parking areas, recreational activities, and surface water drainage control structures.

(b) No portion of a septic tank, bed, pump chamber, or other such ISDS component shall be within a protective well radius that is accorded full recognition pursuant to Env-Wq 1008.08, except as allowed by Env-Wq 1008.04(b) or We 602.15. Pipes connecting such components may be within the protective well radius provided they have an SDR of 26 or equivalent and are solvent cemented or watertight at all pipe joints.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.07)

N.H. Code Admin. R. Ann. Env-Wq 1008.09 Requirements for and Recognized Extent of Protective Well Radii {#sec-env-wq-1008.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.09}

(a) The location or proposed location of the protective well radii relative to the boundaries of the lot on which the well is situated and surrounding lots, and the recognized portion thereof shall be:

(1) In accordance with RSA 485-A:30-b, I(b) for any private well being installed or utilized to serve one or more new commercial buildings or a non-community public water system;

(2) In accordance with RSA 485-A:30-b, I(c) for any private well serving buildings other than commercial buildings; and

(3) In accordance with water well board rules We 100-We 1000.

(b) Any portion of a protective well radius extending across a property line onto an easement duly granted by the owner of record of the abutting property and recorded in the registry of deeds for the county in which the property is located shall be accorded full recognition. A copy of the recorded easement shall be submitted with the application.

(c) Any portion of a protective well radius extending across a property line onto land that is precluded from development shall be accorded full recognition without a deeded right to use the abutting property, provided that:

(1) The use of the abutting property is clearly identified on the plan; and

(2) The applicant submits a copy of evidence of the development preclusion of the abutting land, as described in (d), below, with the application.

(d) For purposes of (c), above, evidence of development preclusion shall be determined with reference to the reason why the land is precluded from development, as follows:

(1) Land identified in RSA 227-H:5 shall be evidenced by a copy of the relevant statutory section;

(2) Land held under the terms of RSA 227-M or RSA 477:45-47, where the deed precludes development of buildings or subsurface waste disposal systems within the affected area, shall be evidenced by a copy of the deed;

(3) Any surface water or area of very poorly drained soil shall be evidenced by a copy of the portion of a map locating the surface water or very poorly drained soil;

(4) Any wetland shall be evidenced by a certification from a permitted designer in accordance with Env-Wq 1014.06; and

(5) Any public road shall be evidenced by a copy of the portion of a plan or tax map locating the public road.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.08)

N.H. Code Admin. R. Ann. Env-Wq 1008.10 Overlapping Protective Well Radii {#sec-env-wq-1008.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.10}

Owners of abutting lots may agree to overlap their respective protective well radii for their mutual benefit. In order for the well radii to be accorded full recognition, any such agreement shall be evidenced by cross-easements which shall be duly executed and recorded.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.09)

N.H. Code Admin. R. Ann. Env-Wq 1008.11 Easements and Flowage Easements {#sec-env-wq-1008.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1008.11}

(a) If effluent disposal is proposed to be on a lot other than the lot having the structure(s) that generate or will generate wastewater, a permanent easement shall be created for:

(1) The area that contains or will contain the EDA;

(2) All sewers to the disposal site; and

(3) Access to the EDA and sewers for maintenance and repair or replacement.

(b) If sewers cross or are proposed to cross roads or rights-of-way, a utility easement shall be established across the road or right-of-way that specifically accommodates the installation, maintenance, and repair or replacement of the sewer.

(c) No ISDS components shall be installed within areas subject to deeded rights of flowage.

(d) If the same person or entity owns 2 abutting lots and needs an easement on one of the lots for an ISDS, the easement shall be recorded and remain on the lot if the lot is sold.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1008.13)

Part Env-Wq 1009 Sewer Lines

N.H. Code Admin. R. Ann. Env-Wq 1009.01 Sewer Line Composition {#sec-env-wq-1009.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1009.01}

All new or replaced sewer lines not covered by the plumbing code shall be SDR 35 or stronger.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1009.02 Crossing Water Lines {#sec-env-wq-1009.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1009.02}

(a) Subject to (b) and (c), below, where a water line must cross a sewer line, the sewer line shall be at least 18 inches below the water line.

(b) The water line may be closer than 18 inches to the sewer line if the water line or sewer line is encased in concrete or sleeved and sealed inside a pipe having an SDR of 26 for a distance of 10 feet on both sides of the line being crossed.

(c) If placing the sewer line below the water line would require a sewage pump to be used, the sewer line may be placed above the water line provided one of the lines is sleeved as provided in (b), above.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1009.03 Manholes and Clean-outs in Long Runs {#sec-env-wq-1009.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1009.03}

(a) Manholes shall be provided every 350 feet in long sewer runs and at each change in slope or direction.

(b) Manholes shall conform to standards set for municipal installations in Env-Wq 700.

(c) When the run of a gravity sewer designed to carry solids is greater than 100 feet but less than 350 feet with no change in slope or direction such that manholes are not used, a clean-out shall be provided every 100 feet that does not have a septic tank tie-in.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1009.04 Pipe Under Wheel Loads {#sec-env-wq-1009.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1009.04}

Pipe used under wheel loads shall be:

(a) Certified by the manufacturer or distributor, or by a P.E., as being able to withstand anticipated wheel loads and installed as specified by the manufacturer; or

(b) Buried at least 4 feet underground or insulated.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1009.05 Calculating Infiltration {#sec-env-wq-1009.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1009.05}

Sewer and manhole infiltration shall be figured into the flow figures established by Env-Wq 1008.04 for sewers over 100 feet long as follows:

(a) Pipe infiltration shall be figured as 300 gallons per inch diameter per mile per day; and

(b) Manhole infiltration shall be figured as one gallon per vertical foot per day.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1009.06 Slope of Pipe {#sec-env-wq-1009.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1009.06}

(a) The slope of the pipe from the building to the septic tank shall be not less than 2% or 1/4 inch per foot, and not more than 15%.

(b) The pipe shall be below ground surface for not less than 5 horizontal feet from the building to the septic tank inlet.

(c) The slope of the pipe from the septic tank to the distribution box, or to the EDA if there is no distribution box, shall be not less than 1% or 1/8 inch per foot.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1009.07 Plumbing Code {#sec-env-wq-1009.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1009.07}

To the extent not specified in this part, sewer lines shall comply with the applicable provisions of the plumbing code incorporated at RSA 155-A.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1010 Septic Tanks

N.H. Code Admin. R. Ann. Env-Wq 1010.01 Liquid Capacity of Septic Tanks: Residential Use {#sec-env-wq-1010.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.01}

(a) The required minimum liquid capacity of a septic tank for an ISDS serving a residence, residential structure, or senior housing shall be determined in accordance with this section, except as allowed in Env-Wq 1008.01.

(b) A residence or senior housing unit with up to 4 bedrooms shall have a minimum septic tank liquid capacity of 1,250 gallons.

(c) For each additional bedroom over 4 and up to 12 bedrooms in a residence or senior housing unit, the liquid capacity of the septic tank shall be increased by 250 gallons.

(d) For each additional bedroom over 12 bedrooms in a residence, the liquid capacity of the septic tank shall be calculated using the following formula: Liquid Capacity (gal) = 2,000 gallons + (0.70 x daily flow).

(e) For each additional bedroom over 12 bedrooms in a senior housing complex, the liquid capacity of the septic tank shall be calculated using the following formula: Liquid Capacity (gal) = 2,000 gallons + (0.70 x 2 x daily flow).

(f) For a multi-unit residential structure or structures, or a multi-unit senior housing complex, that have 12 or less bedrooms total, the first unit in the structure that has the least number of bedrooms and not more than 4 bedrooms shall have a minimum septic tank liquid capacity of 1,250 gallons, and each additional bedroom in the first unit or in additional units shall increase the total liquid capacity of the septic tank or tanks by 250 gallons provided that the structure(s) share a septic tank or tanks.

(g) For a multi-unit residential structure or structures that have more than 12 bedrooms total, but not more than 45 bedrooms total, and that share a septic tank or tanks, each additional bedroom over 12 bedrooms per structure and less than 45 bedrooms total shall be calculated using the following formula: Liquid Capacity (gal) = 2,000 gallons + (0.70 x daily flow).

(h) For a multi-unit senior housing complex that has more than 12 bedrooms total, but not more than 45 bedrooms total, and that share a septic tank or tanks, each additional bedroom over 12 bedrooms per structure and less than 45 bedrooms total shall be calculated using the following formula: Liquid Capacity (gal) = 2,000 gallons + (2 x 0.70 x daily flow).

(i) For a multi-unit residential structure or structures with greater than 45 bedrooms total, the volume in gallons shall be equal to the daily flow gallons per day.

(j) For a multi-unit senior housing complex with greater than 45 bedrooms total, the volume in gallons shall be equal to 2 times the daily flow gallons per day.

(k) If a garbage grinder is or will be used in the residence, structure, or a multi-unit structure, a note shall be placed on the plan indicating the location of the garbage grinder(s), and:

(1) The liquid capacity of the septic tank for a residence or structure shall be increased by 50%; or

(2) The flow from each unit proposing to use a garbage grinder in a multi-unit structure shall be increased by 50%, and the liquid capacity of the septic tank shall be increased accordingly.

(l) Subject to (n), below, where raw sewage is pumped directly into the septic tank, whether or not a garbage grinder is or will be used, then:

(1) The liquid capacity of the septic tank shall be twice the liquid capacity otherwise required by this section or Env-Wq 1010.02, as applicable; and

(2) The pumped sewage shall be connected to an additional septic tank if one is used to meet the required tank capacity in this section, or to the first chamber of the first tank if multiple compartment tanks are used to meet the requirements of Env-Wq 1010.12.

(m) When raw sewage is pumped from plumbing fixtures that are below grade to the building’s gravity-fed ISDS piping that is hydraulically upstream of the septic tank, no increase in the total liquid capacity of the septic tank shall be required if the sewage from the below-grade plumbing fixtures will be pumped by a sewage pump capable of handling 2-inch or greater solids.

(n) When raw sewage is pumped from plumbing fixtures that are below grade to the building’s gravity-fed internal piping and the sewage pump provisions in (l), above, do not apply, then the total liquid capacity of the septic tank shall be increased by at least 250 gallons if:

(1) Only one septic tank is used; or

(2) A separate septic tank that has a minimum liquid capacity of 1,000 gallons is used to receive the raw sewage being pumped and will connect hydraulically upstream of the primary septic tank for the structure.

(o) For a one-bedroom residential unit that shares a septic tank with a single-family residence, the liquid capacity shall be the capacity required for the single-family residence plus 375 gallons for the one-bedroom unit.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.02 Septic Tank Capacity for Commercial Use, Metered Flows, and Combined Uses {#sec-env-wq-1010.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.02}

(a) Except as allowed in Env-Wq 1008.01, the required minimum liquid capacity of a septic tank in an ISDS serving a commercial use shall be as follows:

(1) For flows of less than 300 GPD, the volume shall not be less than 1,000 gallons;

(2) For flows of 300 GPD to less than 625 GPD, the septic tank volume shall have a minimum septic tank liquid capacity of 1,250 gallons;

(3) For flows of at least 625 GPD but less than 4,600 GPD, the volume shall be 2 times the daily sewage flow; and

(4) For flows of 4,600 GPD or greater the volume shall be 1.5 times the daily sewage flow.

(b) For an ISDS that serves a combined commercial and residential use, the minimum septic tank liquid capacity of the combined use shall be the minimum septic tank liquid capacity for the residential use that meets the requirements of Env-Wq 1010.01 plus the minimum septic tank liquid capacity for the commercial use that meets the requirements of this section.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.03 Water-Tightness of Septic Tanks {#sec-env-wq-1010.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.03}

(a) Septic tanks shall be watertight and constructed of materials, such as concrete, plastic, or fiberglass, that are resistant to corrosion, decay, and cracking or buckling due to frost, settling, or backfilling.

(b) Any septic tank constructed from separate sections shall be sealed so as to be watertight with joint sealant that has been represented by its manufacturer or distributor as conforming to ASTM C990-09.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.04 Backfill and Bedding For Septic Tanks {#sec-env-wq-1010.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.04}

(a) Bedding material beneath a septic tank shall:

(1) Consist of at least 4 inches of sand or crushed stone placed on a firm and uniform base;

(2) Be level and compacted so as to prevent differential settling of the ground underneath the tank; and

(3) Not bear on boulders or rock edges or any aggregate in excess of 3 inches in size.

(b) Backfill around a septic tank shall be:

(1) Placed in lifts as specified by the tank manufacturer, but in no case greater than 12 inches; and

(2) Compacted in a manner that does not damage the structural integrity of the tank.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.05 Access to Interior of Septic Tank {#sec-env-wq-1010.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.05}

(a) Access for inspection and cleaning shall be provided to each compartment of all new septic tanks and septic tanks that are reused, and to each baffle within the tank for inspection and repair, by means of at least one removable cover that is:

(1) Directly on the septic tank or on a riser, provided that if a riser is used, a cover that is directly on the septic tank may also be used; and

(2) Of a shape or otherwise of a construction that prevents the cover from falling into the septic tank or riser.

(b) Of the covers required by (a), above:

(1) At least one cover shall be not less than 20 inches but not more than 24 inches in diameter;

(2) All other covers shall be not less than 12 inches in diameter; and

(3) All covers shall have a metal or plastic handle for the ease of removal, or for a cast iron cover there is a lifting notch.

(c) The riser and cover over a septic tank compartment shall:

(1) Extend to within 4 inches of finished grade;

(2) Be constructed of concrete, HDPE having a manufacturer’s certification for the use at specified depths, or cast-iron; and

(3) Allow for the cover referenced in Env-Wq 1010.05(a) and (b), above, to be removed without being obstructed by the riser and cover.

(d) If a riser that is required to comply with (c), above, is greater than 24 inches in height, the riser and cover shall each have a diameter of not less than 24 inches.

(e) A cover at finished grade shall be protected against unauthorized inadvertent opening, for example by locking closed, being mechanically fastened to the septic tank or riser such as with screws, or being made of cast-iron or other material that is at least equal in weight to cast iron.

(f) The bottom of the septic tank shall not be more than 15 feet below the grade of the area where the septage pumping truck will park when the tank needs to be pumped out.

(g) Septic tanks shall be accessible by truck to within 125 feet of the nearest road or driveway.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.06 Septic Tank Design Requirements {#sec-env-wq-1010.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.06}

(a) The outlet of a septic tank shall be at least 2 inches but not more than 4 inches below the inlet to the septic tank.

(b) Any septic tank made of concrete shall be certified by its manufacturer or distributor as meeting or exceeding the following design strength requirements:

(1) If the septic tank will not be subjected to vehicular traffic and the top of the septic tank will be 3 feet or less below finished grade, the septic tank shall be designed for a minimum live load at the surface of 300 pounds per square foot plus the weight of 3 feet of unsaturated earth;

(2) If the septic tank will not be subjected to vehicular traffic and the top of the septic tank will be more than 3 feet but 6 feet or less below finished grade, the septic tank shall be designed for a minimum live load at the surface of 300 pounds per square foot plus the weight of 6 feet of unsaturated earth;

(3) If the septic tank will be subjected to vehicular traffic or if the top of the septic tank will be more than 6 feet below finished grade, the septic tank shall be designed to meet AASHTO HS20 specifications or better; and

(4) The minimum compressive strength for the concrete shall be 4,000 pounds per square inch at 28 days.

(c) Any precast concrete septic tank shall be certified by its manufacturer or distributor as meeting the applicable requirements of ASTM C1227.

(d) Any septic tank fabricated from material other than concrete shall be certified by its manufacturer or distributor as being designed for loads that are equivalent to those specified in (b)(1)-(4), above.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.07 Inlet and Outlet Baffles {#sec-env-wq-1010.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.07}

(a) Each septic tank shall have an inlet baffle and an outlet baffle that are:

(1) Vertically plumb;

(2) Secured to the inlet pipe or outlet pipe, as applicable, using stainless steel screws;

(3) Plastic vented tees that extend above the liquid line inside the septic tank to not less than one inch from the interior bottom of the top slab of the septic tank or cover; and

(4) Visible within the access port on the tank, so the interior of the baffle can be inspected, allowing accessibility and maintenance.

(b) The inlet baffle shall:

(1) Divert the incoming sewage downward; and

(2) Penetrate at least 6 inches below the liquid level, but in no case greater than the depth of the outlet baffle.

(c) The outlet baffle shall extend to a distance below the surface of the liquid equal to 40% of the liquid depth.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.08 Pipe to Tank Connections {#sec-env-wq-1010.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.08}

(a) All connections between a new septic tank and the pipes leading to and exiting from the septic tank shall be sealed with a watertight, flexible joint connector that:

(1) Will accommodate normal movement of the septic tank without leaking or breaking; and

(2) Has been certified by its manufacturer or distributor as meeting or exceeding the applicable standard in ASTM C 1644-06, section 7.

(b) All connections between an existing septic tank being used pursuant to Env-Wq 1010.15 and all pipes leading to and exiting from the septic tank shall be sealed with a high-strength mortar if the tank does not have flexible joint connector.

(c) The slope of the interior length of any pipe that extends into a septic tank shall not exceed the minimum pitch specified in Env-Wq 1009.06(a).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.09 Storage Above Liquid Level; Septic Tank Dimensions {#sec-env-wq-1010.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.09}

(a) The distance between the liquid line and the interior surface of the top of the tank shall be equal to approximately 20% of the liquid depth.

(b) The interior of the septic tank shall provide:

(1) A total liquid surface area of not less than 25 SF; and

(2) A total length of not less than 6 feet between the inlet and the outlet of the septic tank.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.10 Liquid Depth {#sec-env-wq-1010.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.10}

(a) The liquid depth in any single- or multi-compartment septic tank that is not a ledge tank shall be 40 inches or more in each compartment.

(b) The liquid depth in any single- or multi-compartment ledge tank shall be 30 inches or more in each compartment.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.11 Compartments {#sec-env-wq-1010.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.11}

(a) If a septic tank used in a gravity ISDS has 2 or more compartments, it shall meet the following requirements:

(1) The first compartment equals at least 2/3 of the required volume for the septic tank; and

(2) The total volume of all compartments equals or exceeds the liquid capacity required by Env-Wq 1010.01.

(b) If a septic tank used in a pump system is separated into 2 or more compartments, it shall meet the following requirements:

(1) The first compartment equals at least 2/3 of the required volume of the septic tank; and

(2) The total volume of the compartments, exclusive of the pump chamber, equals or exceeds the liquid capacity required by Env-Wq 1010.01.

(c) If a septic tank has more than one compartment, the following shall apply:

(1) Venting between compartments shall be provided to allow free passage of gas;

(2) Inlet and outlet baffles shall be at the inlet and outlet of each compartment or tank; and

(3) The total storage above the liquid line in each compartment shall be as specified in Env-Wq 1010.09(a).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.12 Multiple Tanks {#sec-env-wq-1010.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.12}

The septic tank liquid capacity required by Env-Wq 1010.01 or Env-Wq 1010.02, as applicable, may be attained using 2 or more tanks in series, provided that the first tank is large enough to contain at least 2/3 the total required volume.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.13 Ledge Tanks {#sec-env-wq-1010.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.13}

(a) Subject to (b), below, a ledge tank shall be used only on a ledge lot as defined in Env-Wq 1002.

(b) A ledge tank may be used on a lot that is not a ledge lot if:

(1) The location for the septic tank shown on the approved plan turns out to not be suitable, for example due to the presence of boulders;

(2) There is no other suitable location for the septic tank; and

(3) An amended plan is available at the final inspection in accordance with Env-Wq 1004.07.

(c) To ensure adequate settling of solids when a ledge tank is used, total septic tank volume shall be twice the septic tank capacity specified in Env-Wq 1010.01 or Env-Wq 1010.02, as applicable. Such additional capacity may be achieved using 2 or more ledge tanks in series.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.14 Replacement of Septic Tanks {#sec-env-wq-1010.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.14}

(a) A septic tank may be replaced without department approval only if:

(1) The existing septic tank is replaced with one or more tanks of the same liquid capacity or larger that meets the required tank capacity in Env-Wq 1010.01 and Env-Wq 1010.02;

(2) The septic tank complies with Env-Wq 1010.03 through Env-Wq 1010.10;

(3) The replacement tank is installed in the location of the existing tank so that no waiver to any setback is needed;

(4) The ISDS does not need to be repaired or replaced, as defined in Env-Wq 1002; and

(5) The replacement tank serves a single family residence or multi-unit residential structure with up to 12 bedrooms and is installed by a permitted installer, except a homeowner may replace the tank for the homeowner’s own domicile in accordance with RSA 485-A:36, II(a).

(b) Any septic tank(s) reused, replaced, or added as part of a replacement ISDS shall be shown on the plans submitted with the application.

(c) If below-grade plumbing fixtures are to be connected to an existing state-approved ISDS, amended plans shall be submitted as specified in Env-Wq 1004.07 if the liquid capacity of septic tank is required by Env-Wq 1010.01(n) to be increased and a septic tank is added or a single-compartment septic tank is replaced with a multi-compartment septic tank.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1010.15 Continued Use of Existing Septic Tanks {#sec-env-wq-1010.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1010.15}

An existing septic tank, or an existing septic tank that was replaced pursuant to Env-Wq 1010.14, having a previous state-approved ISDS design and operational approval from the department may continue to be used if the existing septic tank:

(a) Has a capacity of at least 1,000 gallons and additional tank capacity is proposed to meet the requirement in Env-Wq 1010.01 or Env-Wq 1010.02;

(b) Will meet the requirements of Env-Wq 1010.03, Env-Wq 1010.05, Env-Wq 1010.07, and Env-Wq 1010.08;

(c) Was installed after September 1, 1989;

(d) Is not within 75 feet of the reference line; and

(e) Is certified by a permitted designer or licensed septic system evaluator as being in good structural and working condition and is water tight.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1011 Aeration Tanks

N.H. Code Admin. R. Ann. Env-Wq 1011.01 Use of Aeration Tanks {#sec-env-wq-1011.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1011.01}

If an aeration tank is used as a substitute for a septic tank, an EDA designed in accordance with these rules shall be used to dispose of the effluent.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1011.02 Service Contract {#sec-env-wq-1011.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1011.02}

The department shall not give approval to operate for an ISDS having one or more aeration tanks unless the applicant provides a copy of an executed service contract for the continued maintenance of the aeration tank(s) by a qualified service technician.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1012 Grease Interceptors and Floor Drains

N.H. Code Admin. R. Ann. Env-Wq 1012.01 Grease Interceptors Required {#sec-env-wq-1012.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1012.01}

A grease interceptor shall be used to treat kitchen waste before it discharges to any ISDS serving a structure that contains:

(a) Any commercial facility in which any food preparation occurs; and

(b) Any dwelling where food preparation is undertaken for any business purpose.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1012.02 Type of Grease Interceptor Required {#sec-env-wq-1012.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1012.02}

(a) Subject to (b) below, structures required to have a grease interceptor pursuant to Env-Wq 1012.01 shall have an external gravity grease interceptor that meets the design requirements of Env-Wq 1012.03.

(b) Structures required to have a grease interceptor per Env-Wq 1012.01 may use a hydromechanical grease interceptor designed and operated according to the state building code pursuant to RSA 155-A instead of a gravity grease interceptor, provided that the structure:

(1) Does not have a mechanical dishwasher;

(2) Does not have a deep fryer or grill;

(3) Does not have an in-sink garbage grinder;

(4) Uses paper service only;

(5) Does not have dine-in seating and is take-out only;

(6) Removes all fats, oils, and grease on cookware using paper towels that are disposed as solid waste; and

(7) Has flow that will be less than 150 gallons per day, as determined from:

a. The unit flow tables in Env-Wq 1008.04; or

b. Metered flows pursuant to Env-Wq 1008.04.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1012.03 Gravity Grease Interceptor Design Requirements {#sec-env-wq-1012.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1012.03}

(a) The gravity grease interceptor shall be sized to have a minimum hydraulic detention time of 36 hours and minimum tank size of 500 gallons.

(b) The outlet of the gravity grease interceptor shall be protected with a baffle that extends downward and terminates 6 to 12 inches from the inside bottom of the gravity grease interceptor.

(c) A gravity grease interceptor shall meet the requirements of:

(1) Env-Wq 1010.03 relative to being water-tight, provided that “septic tank” shall be replaced with “gravity grease interceptor”; and

(2) Env-Wq 1010.06 relative to design, provided that “septic tank” shall be replaced with “gravity grease interceptor”.

(d) All connections between a gravity grease interceptor and the pipes leading to and exiting from the tank shall be sealed with a watertight, flexible connector that:

(1) Will accommodate normal movement of the tank without leaking or breaking; and

(2) Is certified by the manufacturer or distributor as conforming to ASTM C1644.

(e) Any precast concrete gravity grease interceptor shall be certified by its manufacturer or distributor as meeting the applicable requirements of ASTM C1613.

(f) Fiber-reinforced polyester used for manufacturing gravity grease interceptors and components shall be certified by its manufacturer or distributor as meeting the applicable requirements of section 6 of IAPMO/ANSI Z1000.

(g) Thermoplastic gravity grease interceptors and components shall be certified by its manufacturer or distributor as meeting the applicable requirements of section 7 of IAPMO/ANSI Z1000.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1012.02)

N.H. Code Admin. R. Ann. Env-Wq 1012.04 Access to Interior of Gravity Grease Interceptor {#sec-env-wq-1012.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1012.04}

Access shall be provided to each compartment of a gravity grease interceptor as specified in Env-Wq 1010.05, provided that “septic tank” shall be replaced with “gravity grease interceptor”.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1012.03)

N.H. Code Admin. R. Ann. Env-Wq 1012.05 Backfill and Bedding For Gravity Grease Interceptors {#sec-env-wq-1012.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1012.05}

Bedding and backfill for gravity grease interceptors shall be as specified in Env-Wq 1010.04, provided that “septic tank” shall be replaced with “gravity grease interceptor”.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1012.04)

N.H. Code Admin. R. Ann. Env-Wq 1012.06 Floor Drains {#sec-env-wq-1012.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1012.06}

Floor drains shall not be used unless approved pursuant to Env-Wq 402 or a predecessor rule.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1012.05)

Part Env-Wq 1013 Sewage Pumps, Effluent Pumps, and Siphons

N.H. Code Admin. R. Ann. Env-Wq 1013.01 Pump Alarms {#sec-env-wq-1013.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1013.01}

(a) Each sewage or effluent pump shall have a visual and audible alarm that signals if the pump fails for any reason.

(b) The alarm shall signal in a centrally-located area that is used daily.

(c) The pump(s) and the alarm system(s) shall be on separate electronic circuits.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1013.02 Pump Chamber {#sec-env-wq-1013.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1013.02}

(a) The pump chamber shall be water-tight and vented.

(b) Venting shall be done directly or through the septic tank.

(c) The capacity of the pump chamber shall be such that the pump or siphon can be set to dose each bed a minimum of 3 times per day.

(d) If duplicate pumps are not provided, the dosing chamber shall be equipped with a high water alarm that signals in a centrally-located area at the building served if the pump fails for any reason.

(e) Each pump chamber shall be accessible via a riser and cover that meet the requirements of Env-Wq 1010.05.

(f) A duplex pump chamber shall be accessible via a riser with an access hatch. The permitted designer shall specify the load-bearing requirements for the access hatch.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1013.03 Siphons {#sec-env-wq-1013.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1013.03}

The use of a single siphon shall be an acceptable method for dosing of effluent. Double alternating siphons shall not be allowed.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1013.04 Wiring for Pumps and Alarms {#sec-env-wq-1013.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1013.04}

All wiring from the house to a pedestal that is installed between the house and pump and alarm control box or to a pump and alarm control box that is mounted on the outside of an external wall of the house shall be pursuant to the applicable state code. All wiring for pumps and alarms extending beyond the responsibilities required by the National Electric Code shall be done by a plumber or an electrician licensed to work in New Hampshire.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1013.05 Municipal Sewer Pumps {#sec-env-wq-1013.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1013.05}

Sewage pumps and siphons that will pump raw wastewater for municipally owned wastewater collection and treatment systems shall be in accordance with Env-Wq 700.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1014 Effluent Disposal Areas: Soils, Setbacks

N.H. Code Admin. R. Ann. Env-Wq 1014.01 Definitions {#sec-env-wq-1014.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.01}

For purposes of this part, the following definitions shall apply:

(a) “A horizon” means the surface soil or mineral soil, formed at the surface or below an O horizon, little remnant rock structure, and one or more of the following:

(1) accumulation of humified organic matter but dominated by mineral matter, and not dominated by E or B horizon properties;

(2) properties resulting from cultivation, pasturing, or similar disturbance; or

(3) morphology resulting from surficial processes different from the underlying B or C.

The term excludes recent eolian or alluvial deposits that retain stratification;

(b) "Ap horizon" means an A horizon that has been subject to tillage or other disturbance of the surface layer;

(c) “Aquic conditions” means continuous or periodic saturation and reduction, as indicated, except in Histosols, by redoximorphic features, which can be verified, except in artificially drained soils, by measuring saturation and reduction;

(d) “B horizon” means a layer of soil or soil material approximately parallel to the land surface that forms below an A, E, or O horizon;

(e) “Bs horizon” means a B horizon with an accumulation of illuvial, amorphous, and dispersible organic matter and sesquioxides;

(f) “Bh or Bhs horizon” means a B horizon with an accumulation of illuvial, amorphous, and dispersible organic matter and sesquioxides. The sesquioxide component coats sand and silt particles. The symbol “h” is used in combination with “s” as Bhs if the amount of sesquioxide component is significant but value and chroma of the horizon are 3 or less;

(g) “Chroma” means the relative purity or saturation of a color, or its intensity of distinctive hue as related to grayness. Chroma is one of the 3 variables of color;

(h) “E horizon” means a mineral soil horizon in which the main feature is loss of organic matter, silicate clay, iron, or aluminum, or some combination of these, leaving a concentration of sand and silt particles;

(i) “Gleyed matrix” means a soil horizon matrix color resulting from prolonged periods of wetness that makes up more than 50% of the horizon or subhorizon where iron has been reduced and removed, or where saturation with stagnant water has preserved a reduced state;

(j) “Matrix” means the natural soil material composed of both mineral and organic matter;

(k) “Mineral soil surface” means the top of the uppermost soil horizon consisting of mineral material with less than 12 to 18 percent of organic carbon, depending on the clay content;

(l) “Mottles” means the redoximorphic features comprising spots of contrasting colors in a horizon, with both high chroma and low chroma represented in the variegated colors;

(m) "O horizon" means organic soil materials other than limnic materials with the mineral fraction a small percent by volume and less than 80% by weight;

(n) “Redox depletions” means bodies of chroma 2 or less, having value 4 or more where iron-manganese oxides and clay have been stripped;

(o) “Spodic horizon” means a subsurface layer of soil characterized by the accumulation of aluminum oxides, with or without iron oxides and organic matter; and

(p) “Value” means the relative lightness or intensity of color and is approximately a function of the square root of the total amount of light. Value is one of the 3 variables of color.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.02 Poorly Drained Soils {#sec-env-wq-1014.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.02}

Poorly drained soils shall be identified as hydric soils that have aquic conditions in the upper part and one or more of the following for any soil texture:

(a) Within 10 inches of the top of the mineral soil material and directly under an A or Ap horizon, a horizon with a depleted or gleyed matrix;

(b) Within 20 inches of the top of the mineral soil material and directly underlying a thick or very thick dark A or Ap horizon, a horizon with a depleted or gleyed matrix which is 4 inches or more in thickness;

(c) A matrix chroma of 2 or less that extends to a depth of 20 inches below the top of the mineral soil material, with a dark A or Ap horizon that is directly underlain by a horizon with a matrix value of less than 4, and, within 12 inches of the top of the mineral soil material or directly underlying the A or Ap horizon, whichever is shallower, 2% or more redoximorphic features that extend to the shallower of:

(1) A depth of 20 inches below the top of the mineral soil material; or

(2) A depleted or gleyed matrix;

(d) A spodic horizon and, within 6 inches of the top of the mineral soil material, an E horizon with 2% or more redoximorphic features or a stripped matrix that is directly underlain by a spodic horizon with either of the following:

(1) A Bh or Bhs horizon, or Bs horizon with 2% or more redoximorphic features in the upper part; or

(2) A Bh or Bhs horizon, that is directly underlain by a horizon with 2% or more redoximorphic features;

(e) A spodic horizon and a Bh or Bhs horizon greater than 2 inches thick which is:

(1) Within 10 inches of the top of the mineral soil material;

(2) Directly underlying a dark A or Ap horizon or shallow E horizon; and

(3) Directly underlain by a horizon with 2% or more redoximorphic features that is within 20 inches of the top of the mineral soil material;

(f) A spodic horizon and, within 10 inches of the top of the mineral soil material and directly underlying a dark A or Ap horizon, one of the following:

(1) An E horizon with 2% or more redoximorphic features or a stripped matrix directly underlain by a Bh or Bhs horizon, or Bs horizon with 2% or more redoximorphic features;

(2) A Bh or Bhs horizon directly underlain, but within 20 inches of the top of the mineral soil material, by 2% or more redoximorphic features; or

(3) A Bs horizon with 2% or more redoximorphic features;

(g) If sandy and no spodic horizon, either of the following:

(1) Within 10 inches of the top of the mineral soil material and directly underlying a dark A or Ap horizon, a horizon with matrix color chroma 3 or less, value 4 or more with 2% or more redoximorphic features; or

(2) Within 15 inches of the top of the mineral soil material and directly underlying a greater than 10 inches, less than 15 inches, very dark A or Ap horizon, a horizon with matrix color chroma 3 or less, value 4 or more with 2% redoximorphic features;

(h) No spodic horizon, and within 10 inches of the top of the mineral soil material and directly underlying a dark A or Ap horizon, a horizon with 5% or more redox depletions and within 20 inches of the top of the mineral soil material a horizon with a depleted or gleyed matrix;

(i) No spodic horizon, and within 15 inches of the mineral soil material and directly underlying a greater than 10 inch, less than 15 inch, very dark Ap horizon, a horizon with 5% or more redox depletions and within 20 inches of the top of the mineral soil material a horizon with a depleted or gleyed matrix; or

(j) A very dark A or Ap horizon less than 10 inches thick and directly underlain by a horizon with matrix color due to wetness of chroma 3 or less with 10% or more redoximorphic features, and:

(1) Within 6 inches of the top of the mineral soil surface, 2% or more redoximorphic features; and

(2) Within 18 inches of the top of the mineral soil material, 2% or more redoximorphic depletions.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.03 Very Poorly Drained Soils {#sec-env-wq-1014.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.03}

Very poorly drained soils shall be identified as hydric soils that are flooded daily by tides or soils that have aquic conditions in the upper part and one or more of the following:

(a) Sulfidic materials within 12 inches of the soil surface;

(b) An organic surface layer greater than 16 inches thick;

(c) An organic surface layer of 8 to 16 inches thick, and directly underlying the O horizon or, if present, the A horizon, with redoximorphic features;

(d) An organic surface layer of 4 to 8 inches thick, or mucky A or Ap horizon and is directly underlain by a depleted or gleyed matrix; or

(e) For sandy soil textures, no spodic horizon, but with an organic surface layer of 4 to 8 inches thick, or mucky A or Ap horizon, directly underlain with 2% or more redoximorphic features.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.04 Receiving Layer {#sec-env-wq-1014.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.04}

(a) The receiving layer for an effluent disposal area shall meet the following criteria before a site is considered suitable for system design and approval, either as is or with modifications if needed:

(1) If the proposed EDA is within 75 feet of a wetland boundary, then areas delineated as wetlands shall be further classified as having poorly drained or very poorly drained soils, in accordance with Env-Wq 1014.02 or Env-Wq 1014.03, as applicable; and

(2) Subject to (e), below, the receiving layer shall:

a. Have at least 2 feet of permeable soil above any impermeable subsoil;

b. Have at least 3 feet of soil above bedrock; and

c. Be under and a minimum of 35 feet down-gradient of the proposed EDA, but no less than the distance required by Env-Wq 1008.06, Table 1008-03 for any side- or down-gradient fill extension.

(b) The 2 feet of permeable soil above any impermeable subsoil required by (a)(2), above, may be created by placing fill onto the subsoil, subject to the following conditions:

(1) The fill shall meet the criteria of (d), below; and

(2) Any state or local permits necessary to place the fill shall be obtained.

(c) The 3 feet of soil above bedrock required by (a)(2), above, for the down-gradient receiving layer may be created by placing fill onto the subsoil, subject to the following conditions:

(1) There shall be an average of 18 inches of natural soil above the bedrock;

(2) The fill shall meet the criteria of (d), below;

(3) Any state or local permits necessary to place the fill shall be obtained; and

(4) Fill shall be placed prior to the department issuing subdivision approval.

(d) Fill used to create a receiving layer in accordance with this section shall:

(1) Contain no tree stumps, sawdust, wood chips, tree bark, bricks, asphalt, concrete, metal, wallboard, construction debris, or other such non-soil materials;

(2) Contain no more than 25% by volume of cobbles larger than 6 inches in diameter or stones larger than 12 inches in diameter;

(3) Have a percolation rate of not greater than 15 minutes per inch after placement and compaction; and

(4) Be homogeneous, and if bedding planes or other discontinuities are present, the applicant shall submit detailed soil analysis from a person or laboratory qualified to perform the analysis with the application to establish that the fill meets the above criteria.

(e) If a technology that has received approval under Env-Wq 1024 with a smaller separation distance to impermeable soil or bedrock will be used on a property, the separation distance(s) specified in the technology approval shall govern the down-slope receiving area requirement.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.05 Basis for Poorly and Very Poorly Drained Soils {#sec-env-wq-1014.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.05}

(a) The purpose of the criteria for poorly drained soils is to identify soil conditions where ground water is present within the upper part of the soil surface during the growing season.

(b) The purpose of the criteria for very poorly drained soils is to identify soil conditions where water is present at or above the soil surface during the growing season such that a significant organic surface layer accumulates.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.06 Delineation of Wetlands; Hydric Soils Determinations {#sec-env-wq-1014.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.06}

(a) Wetlands shall be delineated in accordance with RSA 482-A and Env-Wt 300 and Env-Wt 400.

(b) For sites in an undisturbed natural state, the presence or absence of hydric soils shall be determined by evaluating shovel or auger holes to a depth of 2 feet. A sufficient number of holes shall be dug to establish the hydric soil boundary to within 5 feet.

(c) The suitability of a site as a receiving layer shall be determined in accordance with (d), below, if any of the following apply:

(1) No fill has been placed on the site, but the natural vegetation and soil have been disturbed to the extent that it is not possible to determine the presence or absence of hydric soils based on a visual examination of the soil horizons revealed by shovel or auger holes; or

(2) Fill has been placed on the site prior to 1967 for tidal areas, or prior to 1969 for freshwater areas, or pursuant to authorization of the New Hampshire water resources board prior to 1979, or pursuant to a valid permit from the New Hampshire wetlands board issued prior to August 9, 1996, or issued by the department pursuant to RSA 482-A, and either:

a. Visual examination of a test pit establishes that the original soil was hydric, or

b. It cannot be determined by a visual examination of a test pit whether the original soil was a hydric soil or not.

(d) If any of the conditions set forth in (c) above apply, the presence of a suitable receiving layer shall be determined based on the hydrology of the site as shown by data obtained from piezometric monitoring wells in accordance with the following:

(1) One monitoring well shall be placed in the proposed leaching area and one monitoring well shall be placed at a point between 65 and 75 feet downgradient of the proposed leaching area;

(2) Additional monitoring wells shall be installed as needed to establish the 20,000 square foot area required for subdivision applications;

(3) Water level readings shall be taken every 2 weeks;

(4) Water level readings may be taken more often at the option of the property owner;

(5) All readings taken shall be submitted quarterly, in writing, to the department;

(6) Water levels shall be monitored for a period of 2 years;

(7) Based on the recorded data, the applicant shall estimate the seasonal high water table, taking into account weather conditions such as the amount of precipitation over the period, major storm events, frosts and thaws;

(8) The applicant shall submit the estimate together with supporting data to the department; and

(9) The receiving layer shall be deemed suitable if the estimated seasonal high water table is no closer than 15 inches to the existing ground surface.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.07 EDA Footprint and Distance Above Impermeable Substratum {#sec-env-wq-1014.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.07}

(a) Except as allowed by (b) through (d), below, or by Env-Wq 1014.09, the bottom of the bed shall be at least 4 feet above bedrock or any other impermeable substratum.

(b) The bottom of the bed for systems other than failed shall be at or above the specified separation distance to bedrock or any other impermeable substratum for any EDA using components that have been approved with reference to a manual pursuant to former Env-Ws 1024 or approved pursuant to Env-Wq 1024, where the approved manual or approval, respectively, specifies that the component can be used with less than a 4-foot separation.

(c) When replacing a failed system serving a single-family residence or multi-unit residential structure where there will be no expansion of use, the following shall apply:

(1) The bed bottom shall be as close to 4 feet above bedrock or other impermeable substratum as possible, and in no case less than 2 feet above bedrock or other impermeable substratum, if a conventional stone-and-pipe system, concrete chamber system, or drywell system is used; and

(2) The bed bottom shall be as close to the specified distance above bedrock or other impermeable substratum as possible, and in no case less than 2 feet above bedrock or other impermeable substratum, for any bed using EDA components that have been approved with reference to a manual pursuant to former Env-Ws 1024 or approved pursuant to Env-Wq 1024, where the approved manual or approval, respectively, specifies that the components can be used with less than a 4-foot separation in new applications.

(d) A system to replace a failed system serving a condominium shall be installed in accordance with (c), above, if:

(1) The condominium meets the criteria of Env-Wq 1003.11(c); and

(2) There will be no expansion of the condominium or of the size or use of the individual units in the condominium.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.08 EDA Footprint and Distance Above Seasonal High Water Table {#sec-env-wq-1014.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.08}

(a) For conventional systems:

(1) Except as allowed by (b) through (f), below, or by Env-Wq 1014.09, the bottom of the bed for new conventional stone-and-pipe systems, stone-and-pipe trenches, concrete chambers, or dry well systems shall be at least 4 feet above the seasonal high water table (SHWT); and

(2) The bottom of the bed for stone-and-pipe systems and concrete chambers for residential use shall be at least 24 inches above SHWT in accordance with RSA 485-A:29, I(d) if:

a. Under a stone-and-pipe bed, there is a minimum of 6 inches of sand meeting the ASTM C-33 specification or an equivalent approved by the department; and

b. The distance above the SHWT is maximized to the extent practicable.

(b) For systems containing innovative or alternative technology, the bottom of the bed for new and replacement systems shall be at or above the separation distance to the SHWT for any EDA using components that have been approved with reference to a manual pursuant to former Env-Ws 1024 or approved pursuant to Env-Wq 1024, where the approved manual or approval, respectively, specifies that the component can be used with other than a 4-foot separation distance from the SHWT for a bed bottom.

(d) For a system that will replace a failed system serving a single-family residence or multi-unit residential structures, where there will be no expansion of use, the following shall apply:

(1) The bottom of the bed of the replacement system shall be as close to 4 feet above SHWT as possible, and in no case less than 2 feet above SHWT, if a conventional stone-and-pipe system, stone-and-pipe trench, chamber system, or drywell system is used to replace the failed system; and

(2) The bottom of the bed shall be as close to the specified distance above SHWT as possible, and in no case less than 2 feet above SHWT, for any EDA using components that have been approved with reference to a manual pursuant to former Env-Ws 1024 or approved pursuant to Env-Wq 1024, if the approved manual or approval, respectively, specifies that the ITA component can be used with other than a 4-foot separation in new applications.

(e) Replacements for a failed system serving a condominium shall be installed in accordance with Env-Wq 1014.07(c) and (d) if:

(1) The condominium meets the criteria of Env-Wq 1003.11(c); and

(2) There will be no expansion of the condominium or of the size or use of the individual units in the condominium.

(f) For any ISDS serving a commercial use or a combined residential and commercial use, the bottom of the EDA shall be at least 48 inches above the SHWT, and the footprint shall be in accordance with Env-Wq 1016 if a conventional stone-and-pipe system or chamber system, unless an approved ITA component with a decreased footprint or separation distance to the SHWT is approved for the use.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.09 Separation Distances on Sloping Sites {#sec-env-wq-1014.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.09}

A portion of a bed proposed on a sloped site shall be as close as 24 inches above impermeable substratum or SHWT, provided that at least 50% of the bed area meets the requirements established by Env-Wq 1014.07 and Env-Wq 1014.08.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.10 Spot Elevations Required for Systems on Slopes {#sec-env-wq-1014.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.10}

Where reductions are being taken pursuant to Env-Wq 1014.09, the applicant shall provide:

(a) Spot elevations of the original grade at the corners of the proposed bed; and

(b) Calculations to show that the conditions of Env-Wq 1014.09 will be met.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1014.11 Water Table Less Than 15 Inches {#sec-env-wq-1014.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1014.11}

For sites where the seasonal high water table is less than 15 inches below original grade, the ISDS design shall incorporate proposed construction details designed to protect and maintain the receiving layer for the EDA.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1015 Distribution Boxes

N.H. Code Admin. R. Ann. Env-Wq 1015.01 Distribution Boxes {#sec-env-wq-1015.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1015.01}

(a) Distribution boxes shall be required for every ISDS where there are multiple beds, trenches, or pipes, except if serial distribution or pressure distribution in accordance with Env-Wq 1019 is used.

(b) Distribution boxes shall be designed to insure equal distribution of effluent to the effluent conduits. The bottom of each outlet line from the distribution box shall be at the same height within the box.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1015.02 Velocity Reducing Devices {#sec-env-wq-1015.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1015.02}

Velocity reducing devices such as an elbow or "T" shall be installed within the distribution box where the effluent line from the septic tank has a slope in excess of 10% or where effluent is being pumped from the septic tank to the distribution box.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1015.03 Multiple EDAs {#sec-env-wq-1015.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1015.03}

Where 2 or more EDAs are used, a distribution box shall be set on a concrete slab to prevent settling.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1016 Construction Requirements for All Eda

N.H. Code Admin. R. Ann. Env-Wq 1016.01 Bed Size for all EDAs {#sec-env-wq-1016.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.01}

Unless otherwise specified in this part or in a manual that has been approved by the department in accordance with Env-Wq 1024, EDA sizing shall be:

(a) For residential use only, the bed size for the flow of the use listed in Table 1008-1;

(b) For commercial use only, the bed size for the flow of the use listed in Table 1008-1;

(c) For combined residential and commercial uses, the bed size shall be the bed size for the residential flow plus the bed size for the commercial flow; and

(d) For a one-bedroom residence, the bed size shall be half of the bed size that is required for a 3 bedroom residence.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1016.02 Bed Size for Conventional Stone-and-Pipe Systems {#sec-env-wq-1016.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.02}

The bed size for conventional stone-and-pipe systems shall be determined by the number of bedrooms, percolation rates, and total sewage flow per day as set forth in Table 1016-1 below:

Table 1016-1: Bed Size for Conventional Stone and Pipe Systems

In Square Feet for Varying Loads And Percolation Rates

Percolation Rate in Minutes Per Inch

Residential

• Number of Bedrooms

Commercial and Metered Flow

2

(300 GPD)

3

(450 GPD)

4

(600 GPD)

Each Add’l Bedroom (+150 GPD)

Per 100 GPD

2

400

560

750

188

125

4

425

617

825

210

140

6

450

675

900

233

155

8

500

750

1000

255

170

10

550

825

1100

278

185

12

600

900

1200

300

200

14

637

955

1275

319

213

16

675

1010

1350

338

225

18

712

1065

1425

357

237

20

750

1120

1500

375

250

22

775

1158

1550

387

258

24

800

1196

1600

400

266

26

825

1234

1650

412

274

28

850

1272

1700

425

282

30

875

1310

1750

437

290

32

900

1348

1800

449

298

34

925

1386

1850

462

306

36

950

1424

1900

475

314

38

975

1462

1950

488

322

40

1000

1500

2000

500

330

42

1050

1575

2100

525

347

44

1100

1650

2200

550

364

46

1150

1725

2300

575

381

48

1200

1800

2400

600

398

50

1250

1875

2500

625

415

52

1300

1950

2600

650

432

54

1350

2025

2700

675

449

56

1400

2100

2800

700

466

58

1450

2175

2900

725

483

60

1500

2250

3000

750

500

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.01)

N.H. Code Admin. R. Ann. Env-Wq 1016.03 Bed Size for Chamber Systems {#sec-env-wq-1016.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.03}

(a) The effective bed size for chamber systems shall be calculated as the sum of the length times the width of each chamber.

(b) For all applications, the actual bed size shall be at least 60% of the area established in Env-Wq 1016.02.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.02)

N.H. Code Admin. R. Ann. Env-Wq 1016.04 Excavation {#sec-env-wq-1016.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.04}

Any person excavating for an EDA shall:

(a) Protect the natural absorption qualities of the soil;

(b) Protect open excavation from storm runoff to prevent the entrance of silt and debris;

(c) Rake all smeared or compacted surfaces to a depth of one inch; and

(d) Remove loose material before the fill or uniform crushed stone is placed or, in the case of chambers or LDGP systems, the sand layer is constructed.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.03)

N.H. Code Admin. R. Ann. Env-Wq 1016.05 Trees and Shrubbery {#sec-env-wq-1016.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.05}

(a) Subject to (b), below, trees and shrubbery on the property shall not be located:

(1) Within 10 feet of all ISDS components; and

(2) Within the fill extensions and side slopes of a raised EDA.

(b) Trees and shrubbery shall not be required to be removed if:

(1) It is located on property outside of the control of the property owner; or

(2) The property owner requests it to remain after the permitted designer explains the potential consequences if not removed, and it is shown and labeled to remain on the site plan described in Env-Wq 1003.13(i).

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1016.06 Type of Stone for Conventional Stone-and-Pipe Beds or Trenches {#sec-env-wq-1016.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.06}

(a) The pipe, laid in a bed or trench of sufficient width and depth, shall be supported by approved septic stone as specified in (b), below.

(b) Approved septic stone shall be clean, uniformly-sized washed crushed stone, washed rock, or similar aggregate sized as specified in Table 1016-2, below.

(c) Approved septic stone shall be certified by its producer or distributor as meeting the sieve size and percent passing by weight requirements specified in Table 1016-2, below, based on testing done in accordance with test method T11 as published by AASHTO:

Table 1016-2: Approved Septic Stone Sieve Analysis Specifications

Crushed Stone (Ledge)

Crushed Gravel

Sieve Size

Percent Passing By Weight

Sieve Size

Percent Passing By Weight

2 inches

100

3 inches

100

1.5 inches

90 – 100

2 inches

95 - 100

3/4 inch

0 –10

1 inch

0 - 10

#4

0 – 5

#4

0 – 5

#200

0 – 2

#200

0 - 2

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.04)

N.H. Code Admin. R. Ann. Env-Wq 1016.07 Backfill of Conventional Stone-and-Pipe Beds {#sec-env-wq-1016.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.07}

(a) Before backfilling the EDA, the stone shall be covered with a durable permeable layer that will allow ventilation, such as a 2 inch layer of hay or filter fabric. An impervious covering such as tar paper or plastic shall not be used, as this interferes with ventilation.

(b) Backfill material shall be clean, permeable fill.

(c) After backfilling, the top of the EDA shall be covered with:

(1) Four to 6 inches of loam suitable for seeding and stabilized with seed or mulch; or

(2) Other permanent stabilization techniques.

(d) No more than 18 inches total of backfill and loam shall be used to cover the EDA unless the effluent conduits are vented.

(e) Hydraulic backfilling or machine tamping of the backfill or loam, or both, shall be prohibited.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.05)

N.H. Code Admin. R. Ann. Env-Wq 1016.08 Type of Sand for Chamber and LDGP Systems {#sec-env-wq-1016.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.08}

Chamber and LDGP systems shall be constructed using the type of sand specified in the most current version of the manufacturer’s design manual that has been approved by the department in accordance with Env-Wq 1024.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.06)

N.H. Code Admin. R. Ann. Env-Wq 1016.09 Backfill of Chamber and LDGP Beds {#sec-env-wq-1016.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.09}

Chamber and LDGP systems shall be backfilled in accordance with the most current version of the manufacturer’s design manual that has been approved by the department in accordance with Env-Wq 1024. If the design manual does not specify backfill requirements, then Env-Wq 1016.07 shall apply.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.07)

N.H. Code Admin. R. Ann. Env-Wq 1016.10 Storm Runoff {#sec-env-wq-1016.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.10}

Where sloping ground is used for construction of the EDA, a small temporary dike or surface water diversion ditch shall be constructed above the EDA to prevent the EDA from being washed out by rain. The dike shall be maintained or the ditch kept free of obstruction until the EDA becomes stabilized with vegetation, at which time the dike or ditch shall be filled in unless the setback distance in Env-Wq 1008.05, table 1008-2 are met.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.08)

N.H. Code Admin. R. Ann. Env-Wq 1016.11 Vehicular Traffic {#sec-env-wq-1016.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1016.11}

(a) Heavy wheeled machinery and vehicles shall be excluded from the EDA unless the EDA has been specifically designed to withstand the weight.

(b) All machine grading of the site shall be completed before any components of the EDA are installed.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36 (formerly Env-Wq 1016.09)

Part Env-Wq 1017 Effluent Conduits

N.H. Code Admin. R. Ann. Env-Wq 1017.01 Installation Requirements {#sec-env-wq-1017.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1017.01}

(a) Subject to (b), below, any type of effluent conduit for which the manufacturer has provided a design manual shall be installed in accordance with the most current version of the design manual that has been approved by the department in accordance with Env-Wq 1024 if the design manual contains limitations that must be met in order for the ISDS installed using that effluent conduit to meet the requirements of Env-Wq 1000.

(b) The requirements of this part shall be met for:

(1) Effluent conduits for which the manufacturer has not provided a design manual; and

(2) Effluent conduits for which the design manual is silent on a particular requirement.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1017.02 Concrete Chambers {#sec-env-wq-1017.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1017.02}

(a) Except as allowed in (c), below, each bed that includes concrete chambers shall be constructed on a 6 inch level layer of:

(1) Medium to coarse textured sand, with an effective size of 0.25 to 2.0 mm or number 60 sieve to number 10 sieve, no greater than 5% passing the number 200 sieve, and no particles larger than 3/4 inch; or

(2) Materials meeting the ASTM C-33 specification.

(b) Except as allowed in (c), below, for a concrete chamber system the bed bottom shall be the bottom of the concrete chamber.

(c) A 6-inch layer of septic stone may be placed under the chambers provided that the sand requirement in (a) is placed under the stone and able to be viewed at the time of inspection. The bed bottom shall be the bottom of the stone.

(d) Minimum of 3 inches of septic stone is required to be placed on the exterior sides of a concrete chamber bed, and filter fabric or galvanized wire mesh shall be placed on the exterior sides of a concrete chamber bed prior to placing the septic stone.

(e) The pipe conveying effluent from the septic tank to the bed shall empty into either a velocity reducing pit, a splash plate, or internal distribution system.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1017.03 Venting for Concrete Chamber Systems {#sec-env-wq-1017.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1017.03}

(a) All concrete chamber systems shall be vented as specified in this section.

(b) All concrete chambers covered by an impervious surface shall be vented.

(c) Concrete chambers that are of solid-wall construction shall be vented using a pipe to the atmosphere.

(d) Concrete chambers having louvered side-walls or other such openings that allow air from the surrounding soils to flow into the chamber shall not need additional venting unless more than 18 inches of backfill and loam will be placed on the chambers.

(e) If a vent pipe is used, the length of pipe between the bed and the stand-pipe shall be pitched such that effluent is not able to flow out of the bed.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1017.04 Location Under Driveways {#sec-env-wq-1017.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1017.04}

(a) Concrete chambers and drywells proposed to be located under driveways and parking areas shall be:

(1) Certified by the manufacturer or distributor, to withstand the anticipated load; and

(2) Installed as designed.

(b) A stone-and-pipe EDA proposed to be located under driveways or parking areas having an AASHTO load rating of greater than HS20 shall be designed by a P.E.

(c) If (b), above, does not apply, stone-and-pipe systems proposed to be located under residential driveways or parking areas shall be designed by a permitted designer and shall meet applicable wheel load requirements within the area of the EDA.

(d) Other types of effluent conduits shall not be used under driveways and parking areas unless the most current version of the manufacturer’s design manual that has been approved by the department in accordance with Env-Wq 1024 allows such use.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1017.05 Requirements for All Effluent Conduits {#sec-env-wq-1017.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1017.05}

(a) All effluent conduits for ISDS shall be equivalent to SDR 35 or stronger.

(b) Supply lines from the distribution box to the effluent conduits shall be unperforated pipe.

(c) Pipe connections in accordance with manufacturer’s specification shall be used between the effluent conduits.

(d) The maximum length of an effluent conduit shall be 100 feet.

(e) Each effluent conduit shall come directly from a separate outlet of the distribution box.

(f) The effluent conduits shall be sealed into the distribution box with non-shrink mortar or other sealant that can be shown by submission of manufacturer’s literature with the application to be shrink-proof, water proof, and will not deteriorate over time.

(g) All effluent conduits shall be either interconnected or capped at the far end of the system.

(h) The effluent conduits and the bottom of the EDA shall be level.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1017.06 Effluent Conduits for Conventional Stone-and-Pipe Systems {#sec-env-wq-1017.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1017.06}

For a conventional stone-and-pipe system, the following shall apply:

(a) The effluent conduits shall be 4 inch perforated rigid pipe; and

(b) The holes in the pipes shall be positioned at the 5 and 7 o’clock positions.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1018 Beds and Trenches

N.H. Code Admin. R. Ann. Env-Wq 1018.01 Construction of Beds {#sec-env-wq-1018.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1018.01}

(a) Concrete chamber beds shall be as specified in Env-Wq 1017.02(a).

(b) For a conventional stone-and-pipe system, the following shall apply:

(1) The bed thickness shall consist of a minimum of 12 inches of stone total, with a minimum of 6 inches of stone under the 4 inch diameter pipes, and a minimum of 2 inches of stone over the pipes;

(2) The pipes shall be laid evenly spaced a maximum of 5 feet on center and level, with 2.5 feet of septic stone from the center of the perimeter pipe in a bed to the outside of the bed; and

(3) The bed bottom shall be the bottom of the stone in the bed.

(c) A bed with an ITA approval shall be as specified in the most recent manufacturer’s design manual approved by the department pursuant to Env-Wq 1024.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1018.02 Trench Orientation {#sec-env-wq-1018.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1018.02}

(a) Trenches shall be parallel to the contours of the land.

(b) All trenches shall be of equal length unless serial distribution is used.

(c) The bottom of the trench shall not be more than 5 feet below final grade.

(d) Unless serial distribution is used, the first length of all distribution lines leading from the distribution boxes to the trenches shall be laid with the same pitch.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1018.03 Width and Spacing of Trenches {#sec-env-wq-1018.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1018.03}

(a) Subject to (b), below, trenches shall be separated by at least 2 feet of undisturbed soil or fill meeting the requirements specified in Env-Wq 1021.03(b).

(b) Any trench of 48 to 60 inches in width which is greater than 3 feet below original grade shall be separated a minimum of 3 times the width.

(c) The maximum trench width shall be 60 inches.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1018.04 Construction of Trenches {#sec-env-wq-1018.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1018.04}

(a) Trenches constructed within 10 feet of large trees or dense shrubbery shall have at least 12 inches of crushed stone or crushed gravel beneath the leach pipe.

(b) All trenches shall have a 6 inch layer of septic sand below the crushed stone or crushed gravel.

(c) The trench thickness shall consist of a minimum of 12 inches of stone total, with minimum of 6 inches of stone under the 4 inch diameter pipes, and a minimum of 2 inches of stone over the pipes.

(d) The bed bottom shall be the bottom of stone in the trench.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1018.05 Size of Effluent Disposal Area for Trench Systems {#sec-env-wq-1018.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1018.05}

(a) Sidewall surfaces in trench systems shall be used in calculating the EDA.

(b) The effective EDA for trenches shall be calculated as twice the effective sidewall surface added to the width, multiplied by the length and then multiplied by the number of trenches, as shown in the following equation:

{trench length x [trench width + (trench depth x 2)] } x number of trenches

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1019 Pressure Distribution

N.H. Code Admin. R. Ann. Env-Wq 1019.01 Pressurized Distribution System {#sec-env-wq-1019.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1019.01}

(a) An ISDS using pressurized distribution shall distribute effluent from a septic tank using small diameter pipe, with perforations, pressurized by pumps or siphons, such that the volume of water that flows out each hole is as equal as possible.

(b) A pressurized distribution system shall lose 75% to 85% of the head in the network when the water passes through the holes.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1019.02 Design Requirements {#sec-env-wq-1019.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1019.02}

(a) Hole size shall be within the range of 1/4 inch to 5/8 inch.

(b) Maximum allowable hole spacing shall be 6 feet.

(c) The perforation at the end of the effluent conduit shall be drilled horizontally in the end cap near the crown of the pipe to facilitate venting.

(d) In ISDS with pressure distribution, the lateral spacing of the pipes shall be approximately equal to the perforation spacing, and holes on adjacent laterals shall be staggered so that they lie on the vertices of equilateral triangles.

(e) The dosing volume for pressure distribution shall be 5 to 10 times the network pipe volume. If duplicate pumps are not provided, the dosing chamber shall have a reserve capacity above the active dosing volume equal to one day's average flow.

(f) The loading rate shall be 0.8 gallons per day per square foot.

(g) The dose rate shall be 0.2 gallons per dose per square foot.

(h) Basal area requirements shall be based upon the percolation rate as presently applied to conventional systems.

(i) Fill material shall be:

(1) A medium to coarse textured sand, with an effective size of 0.25 to 2.0 mm or number 60 to number 10 sieve, no greater than 5% passing the number 200 sieve, and no particles larger than 3/4 inch; or

(2) Materials meeting the ASTM C-33 specification.

(j) The separation distances with respect to seasonal high water table, impermeable substratum, and ledge shall be as set forth in Env-Wq 1014.04 and Env-Wq 1014.05.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1019.03 Mounding Minimization {#sec-env-wq-1019.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1019.03}

The length-to-width ratio for bed areas shall be increased in order to minimize groundwater mounding potential, increase oxygen transfer levels, and increase down-slope cross-sectional area.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1019.04 Application Requirements {#sec-env-wq-1019.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1019.04}

The following shall appear on or with all plans and specifications for pressure distribution systems submitted for review:

(a) All calculations for pressure distribution, calculated in accordance with either:

(1) “Small Scale Waste Management Project: Design of Pressure Distribution Networks for Septic Tank-Soil Absorption Systems” by Richard J. Otis, University of Wisconsin-Madison (January 1981), available as noted in Appendix B; or

(2) “Pressure Distribution Network Design”, James C. Converse, University of Wisconsin-Madison (January 2000), available as noted in Appendix B;

(b) All details for network layout;

(c) Pump and pump station, or siphon details;

(d) Network drainage to avoid freezing potential;

(e) All construction methods for basal area preparation; and

(f) Inspection and construction requirements, as follows:

(1) “Basal area preparation to be inspected by system designer prior to fill placement. An inspection report shall be submitted to the regional inspector at the time of final inspection.”;

(2) “Caution to be exercised during fill placement/site preparation to avoid compaction or smearing of infiltrative surface.”; and

(3) “Maintain 8-12 inches of fill between equipment tracks and prepared surface.”

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1019.05 Construction Requirements {#sec-env-wq-1019.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1019.05}

(a) The permitted designer shall inspect the basal area preparation prior to fill placement, and shall submit an inspection report to the department’s regional inspector at the time of final inspection.

(b) Compaction and smearing of infiltrative surface shall be avoided during fill placement and site preparation.

(c) The installer shall maintain 8 to 12 inches of fill between equipment tracks and the prepared surface.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1020 Dry Wells

N.H. Code Admin. R. Ann. Env-Wq 1020.01 Masonry Units {#sec-env-wq-1020.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1020.01}

(a) Precast masonry units designed for wastewater treatment are required to be used for dry wells, and the portion of the dry well above the inlet pipe shall be laid with mortared joints or otherwise strengthened.

(b) The bottom of the dry well shall be solid.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1020.02 Stone {#sec-env-wq-1020.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1020.02}

(a) A perimeter of 6 inches to 2-1/2 feet of septic stone shall be placed around the precast unit.

(b) The horizontal distance of septic stone used shall not be more than 1/2 the inside diameter of the drywell or the narrowest inside dimension of the precast drywell unit.

(c) A minimum of 12 inches of septic stone shall be placed under the unit.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1020.03 Distance Between Dry Wells {#sec-env-wq-1020.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1020.03}

Multiple dry wells installed as part of the same ISDS shall be separated by at least 10 feet.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1020.04 Sizing and Bed Bottom of Effluent Disposal Area {#sec-env-wq-1020.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1020.04}

(a) The effective effluent disposal area for dry wells shall be at least 50% of the area established in Env-Wq 1016.02.

(b) The area shall be calculated at the edge of stone around the perimeter of the dry well using one of the following formulas:

(1) A = πdhN for round or hexagonal dry wells; or

(2) A = 2h(l+w)N for rectangular dry wells.

(c) For the purposes of the formulas in (b)(1) and (2):

(1) h = the effective height which is the vertical wall height below the inlet pipe, plus a maximum of 12 inches of septic stone placed below the dry well. The maximum effective height shall be 6 feet;

(2) d = the diameter of the dry well plus the additional width of the stone;

(3) l = the length of the dry well plus the additional width of stone;

(4) w = the width of the dry well plus the additional width of stone; and

(5) N = the total number of drywells.

(d) The bed bottom shall be the bottom of the 12 inches of septic stone under all dry wells.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1020.05 Abandoned Dry Wells {#sec-env-wq-1020.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1020.05}

Abandoned wastewater dry wells shall be filled in with earth or stone.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1020.06 Precast Units {#sec-env-wq-1020.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1020.06}

Precast units shall:

(a) Have at least one inlet and one inspection cover; and

(b) Be round or polygonal in cross-sectional shape.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1021 Raised Effluent Disposal Areas

N.H. Code Admin. R. Ann. Env-Wq 1021.01 Building Foundation {#sec-env-wq-1021.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1021.01}

The foundation of a building served by a raised EDA shall be constructed high enough to allow gravity feed to the system, unless a pump is used.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1021.02 Site Preparation {#sec-env-wq-1021.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1021.02}

After the plans for a system having a raised EDA have been approved, the EDA shall be staked out in accordance with the plans. All trees, topsoil, roots that are directly attached to a tree stem which can be extracted with the stump, and organic soil material shall be removed from the area to be filled, including the area under the side slopes.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1021.03 Fill Material {#sec-env-wq-1021.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1021.03}

(a) Subject to (b), below, fill required to raise the EDA to the approved distance above the seasonal high ground water table or impervious substratum shall be clean bank run sand, free of topsoil or humus, dredged material, or stones more than 6 inches in any dimension.

(b) The first 6 inches directly beneath the bed and extending laterally across the fill extension shall consist of:

(1) Medium to coarse textured sand, with an effective size of 0.25 to 2.0 mm, no greater than 5% passing the number 200 sieve, and no particle size larger than 3/4 inch; or

(2) Materials meeting the ASTM C-33 specification.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1021.04 Fill Extension; Side Slopes {#sec-env-wq-1021.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1021.04}

(a) The finished grade over the bed shall:

(1) Extend for a minimum of 3 feet horizontally beyond the bed before starting to slope; and

(2) Be covered by 4 to 6 inches of loam suitable for seeding, or other stable surface material.

(b) The sides of a raised EDA shall taper at a 3:1 slope, except that a slope of 2:1 may be used if necessary to maintain the side slopes on-lot or to avoid an existing permanent structure or other features such as trees.

(c) Side slopes shall be stabilized by being covered with:

(1) At least 3 inches of loam that is seeded immediately;

(2) At least 3 inches of bark mulch; or

(3) Other material that will prevent erosion and lead to long-term stability of the slopes without interfering with ventilation, such as an erosion control blanket.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1021.05 Slope of Site for Raised EDA {#sec-env-wq-1021.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1021.05}

A raised EDA shall not be placed on a site having a natural slope greater than 34%.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1021.06 Retaining Walls Prohibited {#sec-env-wq-1021.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1021.06}

Retaining walls or foundations used as retaining walls shall not be allowed to substitute for side slopes.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1022 Alternate Systems

N.H. Code Admin. R. Ann. Env-Wq 1022.01 Privies {#sec-env-wq-1022.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1022.01}

(a) The installation of a new privy shall not require approval by the department, and both existing and new privies shall comply with the criteria in (b) and (c) below.

(b) No privy shall be located within 75 feet of drinking water wells, surface waters, or foundations on abutting lots.

(c) The bottom of a privy pit shall be at least 4 feet above seasonal high water table and impermeable substratum or ledge.

(d) If an existing privy cannot meet the criteria in (b) and (c), above, the pit shall be sealed.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1022.02 Mini-Dry Wells for Gray Water {#sec-env-wq-1022.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1022.02}

(a) For purposes of this section, “gray water” means residential wastewater other than from a urinal, toilet, or shower.

(b) A mini-dry well shall not require department approval and shall only be used for the disposal of gray water if there will be:

(1) No running water to or within the structure to be served;

(2) No internal plumbing or water storage sources within the structure; and

(3) No other wastewater discharge from the structure to be served.

(c) No mini-dry well for gray water shall be within 75 feet of drinking water wells or surface waters.

(d) A mini-dry well for gray water shall be a hole up to 18 inches in diameter and up to 12 inches deep, filled with stone or gravel.

(e) A new mini-dry well that does not meet the requirements in (b) through (d) above is prohibited, except as allowed in Env-Wq 1022.04.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1022.03 Holding Tanks {#sec-env-wq-1022.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1022.03}

(a) Holding tanks or closed systems shall not be approved except in the following instances:

(1) As a replacement for an existing system in failure when no other means of disposal is practical; or

(2) When the structure proposed to be served by the holding tank will be connected to a municipal sewer within one year of approval of the holding tank application.

(b) Holding tanks shall be:

(1) Water-tight;

(2) A minimum of 2,000 gallons in size; and

(3) Provided with an alarm system to indicate when the tank is full and requires pumping.

(c) Holding tanks shall meet the minimum separation distance requirements listed in Table 1008-2.

(d) To apply for department approval for a holding tank, the applicant shall complete and submit either electronically at https://www4.des.state.nh.us/OneStopDataProviders/DESLogin.aspx or in paper form the "Application for an Individual Sewage Disposal System", NHDES-W-05-004, February 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-05-004 in addition to the following information:

(1) The information required by Env-Wq 1003.13 and details of an audible and visual alarm system hardwired back to the building’s electric panel; and

(2) A copy of the signed contract with a licensed septage hauler that identifies at least one approved disposal site to which the septage will be hauled.

(d) The owner of the property on which a holding tank has been installed shall:

(1) Retain all receipts for pumping services for a period of 2 years from the date of the receipt; and

(2) Submit copies of said receipts to the local health officer on a quarterly basis.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1022.04 Disposal of Residential Water Treatment Backwash {#sec-env-wq-1022.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1022.04}

(a) Residential water treatment backwash shall be discharged only to:

(1) An ISDS that is designed and sized to accommodate the volume of backwash generated; or

(2) An alternative disposal system as specified in (b) and (c), below.

(b) An alternative disposal system for residential water treatment backwash shall:

(1) Infiltrate on the property served by the water treatment system;

(2) Not cause soil erosion, siltation, or overland run-off;

(3) Not discharge to any surface water or wetland;

(4) Accept residential water treatment backwash only;

(5) Be located so as to minimize any influence on water supply wells and ISDS on the property served or on adjacent properties; and

(6) Not cause or contribute to any violation of the ambient groundwater quality standards as specified in Env-Or 603 on adjacent properties.

(c) An alternative disposal system such as a mini-dry well, small leaching pit, or trench with perforated pipe shall be used only if it meets the parameters specified in (b), above.

(d) An alternative disposal system meeting the parameters specified in (b), above, shall not require approval from the department.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1022.05 Composting and Incinerator Toilets {#sec-env-wq-1022.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1022.05}

(a) Composting toilets and incinerator toilets in structures that do not have internal plumbing and that do not have a supplied water service to the building shall not require approval by the department.

(b) A structure having water service supplied to the building from a drilled well, an internal or external water storage tank, or municipal water system, and that has internal plumbing and contains a composting toilet or incinerator toilet, shall be required to have an ISDS with operational approval by the department, even if the composting or incinerator toilet is not connected to the ISDS.

(c) Maintenance and operation of composting toilets and incinerator toilets shall be in accordance with the manufacturer’s standards and specifications.

(d) Disposal of the waste from a composting toilets and incinerator toilets shall comply with all applicable state laws and rules and all applicable local law.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1023 Operating Requirements

N.H. Code Admin. R. Ann. Env-Wq 1023.01 Septic Tank Inspection and Pumping Requirements {#sec-env-wq-1023.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1023.01}

(a) Septic tanks shall be inspected for accumulation of sludge and surface scum at a frequency sufficient to allow the tank to be pumped by a licensed septage hauler when the combined thickness of the sludge and surface scum equal 1/3 or more of the tank depth.

(b) For any septic tank having cast-in concrete baffles, the baffles shall be:

(1) Inspected for structural integrity when the tank is inspected pursuant to (a), above; and

(2) Replaced with a plastic “T” baffle if no longer functioning as required.

(c) Septage and effluent shall be discharged from a septic tank only to:

(1) An approved or grandfathered effluent disposal area; or

(2) A licensed septage hauling vehicle.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1023.02 Gravity Grease Interceptor Inspection and Pumping Requirements {#sec-env-wq-1023.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1023.02}

(a) Gravity grease interceptors shall be inspected for accumulation of sludge and surface scum or grease at a frequency sufficient to allow the tank to be pumped by a licensed septage hauler when the combined thickness is equal to 25% or more of the tank depth or the sludge is at the level of the outlet tee.

(b) Grease shall be removed from a gravity grease interceptor only by a licensed septage hauling vehicle.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1023.03 Disposal of Grease; Disposal of Bulky Waste Prohibited {#sec-env-wq-1023.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1023.03}

To prevent obstruction of the distribution lines and effluent conduits:

(a) Grease shall not be flushed or otherwise introduced into an ISDS that does not have a grease interceptor constructed and operated according to Env-Wq 1012; and

(b) Bulky wastes shall not be flushed or otherwise introduced into an ISDS.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1023.04 Disposal of Toxic and Hazardous Materials Prohibited {#sec-env-wq-1023.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1023.04}

Toxic and hazardous materials shall not be flushed or otherwise introduced into an ISDS.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1023.05 Protection of Distribution Lines and Effluent Disposal Area {#sec-env-wq-1023.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1023.05}

To prevent damage to the distribution lines and effluent disposal area, vehicles, livestock and other heavy objects shall not be allowed on the effluent disposal area.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1023.06 Indications of Possible Septic System Failure Requiring Inspection {#sec-env-wq-1023.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1023.06}

If wet areas appear on the ground surface above the septic tank, distribution lines, or effluent disposal area, or if disagreeable odors occur, the owner of the ISDS shall:

(a) Inspect the system or have the system inspected by a permitted designer or permitted installer to determine the source of the problem(s); and

(b) Take action to correct the problem(s).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1024 Innovative or Alternative Technology

N.H. Code Admin. R. Ann. Env-Wq 1024.01 Purpose and Scope {#sec-env-wq-1024.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.01}

(a) The purpose of this part is to establish:

(1) The methodology and review process for the approval of innovative or alternative technology proposed for use in an ISDS, in compliance with RSA 485-A:29, I;

(2) The design and installation requirements of innovative or alternative technology proposed for use in an ISDS;

(3) The reporting and inspection requirements that apply once an innovative or alternative technology is approved by the department;

(4) When an updated design and installation manual associated with an innovative/alternative technology approval requires approval from the department;

(5) When an amendment to an innovative/alternative technology approval or a new approval from the department is required; and

(6) The criteria for when the department may propose to suspend or revoke an innovative/alternative technology approval.

(b) This part shall apply to:

(1) Any proposed ISDS technology not described elsewhere in Env-Wq 1000; and

(2) Technology that was approved with reference to a manual under former Env-Ws 1024, whether or not the technology is described elsewhere in Env-Wq 1000, if installation in accordance with the manual is required in order for the technology to be used in New Hampshire.

(c) No approval granted under this part shall be deemed to affect any approval of property subdivision, nor shall any property subdivision considered under this chapter be granted contingent on the use of any technology approved under this part.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.02 Definitions {#sec-env-wq-1024.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.02}

(a) “Conventional technology” means:

(1) For effluent disposal, a conventional stone-and-pipe system, as defined in Env-Wq 1002.15, installed in accordance with the applicable provisions of Env-Wq 1000; or

(2) For treatment tanks, a standard septic tank as defined in Env-Wq 1002.66, installed in accordance with the applicable provisions of Env-Wq 1010.

(b) “Director” means the director of the department’s division of water.

(c) “Innovative/alternative waste treatment” as defined in RSA 485-A:2, XXI, includes ISDS that incorporate technology approved pursuant to this part.

(d) “ITA applicant” means the person or entity seeking approval of a proposed technology or an updated manual in accordance with this part.

(e) “ITA owner” means the current person or entity that holds the ITA, either the owner to whom an ITA was issued or the current owner if the ITA was transferred or sold.

(f) “Innovative/alternative technology approval (ITA)” means an approval issued by the department pursuant to Env-Wq 1024.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.03 General Requirements for Innovative or Alternative Technology Systems and Components {#sec-env-wq-1024.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.03}

(a) No innovative or alternative technology shall be proposed for use or used in an ISDS unless the technology has been evaluated and approved in accordance with this part.

(b) If the manufacturer’s specifications or the operational manual for the proposed innovative or alternative technology states that the technology requires ongoing professional maintenance to operate properly, the owner of a proposed ISDS which incorporates that technology shall execute and submit to the department with the ISDS application pursuant to Env-Wq 1003.12 a service contract with the ITA owner, or with a person or company that has been pre-qualified and trained by the ITA owner, to perform such inspections and maintenance before construction approval is granted.

(c) All ITA owners shall submit the following information to the department by March 31, 2026:

(1) The ITA owner’s current company name and mailing address;

(2) A point of contact for the company and their e-mail address and business phone number; and

(3) A digital copy of the ITA letter that was issued by the department and a digital copy of the current approved manual associated with the ITA.

(d) All ITA owners shall submit the following information from the 2026 calendar year to the department by March 31, 2027 and annually thereafter by March 31 for the previous calendar year:

(1) For each ITA that requires a maintenance contract pursuant to (b), above:

a. A list of each ISDS which has a maintenance contract and the addresses for each ISDS;

b. The approval to operate number that was received from the department and which is associated with the ISDS; and

c. A letter certifying which of the systems from the list have been maintained per the maintenance agreement, or the reasons why they have not been maintained; and

(2) A summary list of any reports that have been received from permitted designers pursuant to Env-Wq 1003.12(b) of failed systems that contained the technology approved in their ITA, including the site address and approval to operate number.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.04 Types of ITA {#sec-env-wq-1024.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.04}

(a) The types of approvals issued by the department shall be provisional, general, or general with conditions.

(b) The ITA applicant shall submit an application for a provisional ITA in accordance with Env-Wq 1024.05 if:

(1) The proposed technology has not previously been approved by the department; or

(2) The technology was approved with reference to a manual under Env-Ws 1024, but the ITA applicant seeks approval to use or install the technology in one or more ways not previously approved, for instance with a smaller separation distance to the seasonal high water table.

(c) A provisional ITA shall:

(1) Allow up to 50 ISDS to be installed using the approved technology over a time period of up to 5 years;

(2) Require the ITA applicant to conduct performance testing in accordance with Env-Wq 1024.12 during the approval period stated in the provisional ITA; and

(3) Require the ITA applicant to report the results of the testing conducted pursuant to (2), above to the department in writing.

(d) An ITA applicant shall submit an application for a general ITA or general ITA with conditions in accordance with Env-Wq 1024.07 if:

(1) The ITA applicant has complied with all terms and conditions of a provisional ITA issued pursuant to this part; and

(2) The performance testing conducted pursuant to (c)(2), above, demonstrates that there is sufficient operating history, or other valid data, to allow general use of the technology, either with or without conditions.

(e) A general ITA shall allow the approved technology to be used in accordance with the standards specified in Env-Wq 1000 for conventional systems, subject to any bed size reductions allowed by the approval.

(f) A general ITA with conditions shall allow the approved technology to be used subject to the conditions specified in the ITA, including but not limited to conditions such as:

(1) Requiring compliance with specific operation and maintenance (O&M) provisions;

(2) Requiring compliance with specific installation requirements;

(3) Requiring the technology to be installed in accordance with a design manual supplied by the manufacturer if such manual contains conditions, limitations, or installation requirements that must be met in order for the technology to meet the approval criteria; and

(4) Other conditions, limitations, or restrictions as are necessary to ensure or verify that the technology as installed in the field meets the criteria specified in Env-Wq 1024.08(c).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.05 Applications for Provisional ITA {#sec-env-wq-1024.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.05}

(a) To obtain a provisional ITA, the ITA applicant shall submit a written application that includes the following:

(1) If the ITA applicant is an individual, the individual’s name, mailing address, daytime telephone number, and, if available, an e-mail address;

(2) If the ITA applicant is other than an individual, the name and mailing address of the ITA applicant and the name and daytime telephone number, and, if available, an e-mail address, for an individual who can be contacted on behalf of the ITA applicant regarding the application;

(3) A narrative description of the proposed technology, together with any diagrams or schematics that are helpful to understanding the proposed technology;

(4) If the ITA applicant believes that installation in accordance with a manufacturer’s design manual is required for the proposed technology to meet the criteria specified in Env-Wq 1024.08(c), a copy of the design manual;

(5) Whether approval is sought for use of the proposed technology in residential ISDS, commercial ISDS, or both;

(6) All operational reports, patent information, technical reports, and laboratory reports published on the proposed technology, even if the information might in whole or in part reflect negatively on the technology;

(7) A description of any advantages of the proposed technology over conventional technology in the prevention of health hazards, surface and groundwater pollution, and any other environmental benefits;

(8) A description of the possible risks to public health, surface or ground waters, or other aspects of the environment of using the proposed technology;

(9) A list of the states or provinces that have approved the technology, and for each such state or province:

a. The name, mailing address, and main telephone number of the specific agency that issued the approval;

b. The name and daytime telephone number and, if available, an e-mail address, of an official at the state or provincial agency which issued the approval who can be contacted regarding the approval; and

c. A statement of whether the approval contains any restrictions, limitations, or other conditions on the use of the technology;

(10) The names, addresses, and phone numbers of at least 3 individuals who have experience in the design and operation of the same type of technology, if available;

(11) The effect of the proposed technology on the area of land required for operation;

(12) A list of any rules under Env-Wq 1000 for which waivers will be requested as part of the ITA; and

(13) A list of site locations where the technology has been used, if available, whether successfully or not.

(b) If information addressing more than one category of (a)(3) through (13), above, is found within the same document, the ITA applicant shall identify on a separate sheet of paper which categories are covered in that document, listed by page number.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.06 Review of Applications for Provisional ITA {#sec-env-wq-1024.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.06}

(a) The department shall review an application submitted pursuant to Env-Wq 1024.05 within the time periods specified in RSA 541-A:29.

(b) Subject to (c), below, the department shall issue a provisional ITA for the proposed technology if, based on its evaluation of the available information, it makes its best engineering judgment that:

(1) The proposed technology is likely to be at least as protective of the environment as conventional technology, as that criterion is explained in Env-Wq 1024.10(a); and

(2) The proposed technology is likely to function as reliably or better than conventional technology, as that criterion is explained in Env-Wq 1024.10(b).

(c) If the information available to the department is sufficient to allow the commissioner, based on a recommendation of the director, to determine that a general ITA or general ITA with conditions should be issued in lieu of a provisional ITA because the ITA applicant has demonstrated that the proposed technology meets the criteria of Env-Wq 1024.08(b) or (c), as applicable, the department shall issue the recommended ITA in lieu of a provisional ITA.

(d) If the department approves the application for a provisional ITA, it shall:

(1) Notify the ITA applicant in writing signed by the director of the issuance of the provisional ITA and of the requirements to conduct and report on performance testing; and

(2) Post on its web site a notice that the provisional ITA has been issued along with any approval manual.

(e) If a decision is made pursuant to (c), above, to issue a general ITA or general ITA with conditions, the department shall issue the notice in accordance with Env-Wq 1024.08(d).

(f) If, based on its evaluation, the department determines that the ITA applicant has not demonstrated that the technology will meet the criteria specified in (b), above, the department shall notify the ITA applicant, in writing, of the denial and the specific reason(s) for the decision.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.07 Applications for General ITA or General ITA with Conditions {#sec-env-wq-1024.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.07}

(a) To apply for a general ITA or general ITA with conditions, the ITA applicant shall submit the following in writing to the department:

(1) All of the information specified in Env-Wq 1024.05 for a provisional ITA application;

(2) A clear and concise summary of the results of the performance testing conducted pursuant to the provisional ITA; and

(3) If the application is for a general ITA with conditions, a list of the conditions the ITA applicant is asking to have in the approval, which may include a manufacturer’s design manual.

(b) If information addressing more than one category of Env-Wq 1024.05(a)(3) through (13) is found within the same document, the ITA applicant shall identify on a separate sheet of paper which categories are covered in that document, listed by page number.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.08 Review of Applications for General ITA and General ITA with Conditions {#sec-env-wq-1024.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.08}

(a) The department shall review an application submitted pursuant to Env-Wq 1024.07 within the time periods specified in RSA 541-A:29.

(b) The department shall issue a general ITA for the proposed technology if, based on its evaluation of the available information, it makes its best engineering judgment that the proposed technology will, without special O&M requirements or other conditions, limitations, or restrictions:

(1) Be at least as protective of the environment as conventional technology, as that criterion is explained in Env-Wq 1024.10(a); and

(2) Function as reliably or better than conventional technology, as that criterion is explained in Env-Wq 1024.10(b).

(c) The department shall issue a general ITA with conditions for the proposed technology if, based on its evaluation of the available information, it makes its best engineering judgment that the proposed technology will, with the specified O&M requirements or other conditions, limitations, or restrictions:

(1) Be at least as protective of the environment as conventional technology, as that criterion is explained in Env-Wq 1024.10(a) or Env-Wq 1024.11(a), as applicable; and

(2) Function as reliably or better than conventional technology, as that criterion is explained in Env-Wq 1024.10(b) or Env-Wq 1024.11(b), as applicable.

(d) If the department approves the application, it shall:

(1) Notify the ITA applicant in writing signed by the director of the issuance of the approval;

(2) Include in the notice a statement of whether the approval is a general ITA or general ITA with conditions, and if a general ITA with conditions, the specific conditions that apply; and

(3) Post on its web site a notice that the ITA has been issued along with any approved manual.

(e) If, based on its evaluation, the department determines that the ITA applicant has not demonstrated that the proposed technology will meet the criteria specified in (b) or (c), above, the department shall:

(1) Issue a provisional ITA and notify the applicant in accordance with Env-Wq 1024.06(c), if the criteria for a provisional ITA specified in Env-Wq 1024.06(b) have been met; or

(2) Deny the application and notify the ITA applicant, in writing, of the denial and the specific reason(s) for the decision if the criteria for a provisional ITA specified in Env-Wq 1024.06(b) also have not been met.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.09 Effect of an ITA; Recordation Required {#sec-env-wq-1024.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.09}

(a) Once granted, a provisional ITA shall constitute evidence that the department has determined, based on the information reviewed, that the technology is likely to be acceptable but that evaluation of performance testing under actual operating conditions is required before a final determination can be made.

(b) Once granted, a general ITA or general ITA with conditions shall constitute evidence that:

(1) The department has determined, based on the materials submitted with the application, that the technology as approved is expected to be capable of adequately treating sewage provided that any O&M requirements or other conditions, limitations, or restrictions noted are adhered to; and

(2) The technology is approved for purposes of applying for site-specific construction approvals under Env-Wq 1003 and Env-Wq 1004.

(c) An ITA shall not be construed as evidence of suitability of the technology for any particular lot.

(d) Obtaining an ITA shall not abrogate the necessity of obtaining both a construction approval and approval to operate before using the technology in a proposed ISDS.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.10 Evaluation Criteria - Effluent Disposal Area {#sec-env-wq-1024.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.10}

(a) The criterion “at least as protective of the environment as a conventional system” when applied to EDA technology means that the effluent quality from the proposed technology will be as good or better than the effluent quality from conventional technology for at least the following parameters:

(1) Five-day biochemical oxygen demand (BOD5);

(2) Total suspended solids (TSS);

(3) Nitrogen;

(4) Phosphorus; and

(5) Fecal coliform.

(b) The criterion “function as reliably or better than a conventional system” when applied to effluent disposal means that the proposed technology, as compared to conventional technology, has a:

(1) Decreased susceptibility to failure;

(2) Reduced occurrence of inadequately treated discharges; and

(3) Decreased levels of required operator attention and skills.

(c) When evaluating an applicant’s design manual, the department shall review the material in the manual to ensure that a system built following the design manual will meet the criteria specified in Env-Wq 1024.08(c).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.11 Evaluation Criteria - Treatment Tanks {#sec-env-wq-1024.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.11}

(a) The criterion “at least as protective of the environment as a conventional system” when applied to a treatment tank means that:

(1) If no reductions in setbacks to SHWT, impervious substrate, or surface water are being requested, the effluent quality from the proposed technology will be as good or better than the effluent quality from a standard septic tank;

(2) If reductions in setbacks to SHWT, impervious substrate, or surface water are being requested, the effluent quality from the proposed technology will:

a. Meet NSF 40 standards for at least 2 parameters; and

b. Exceed effluent quality from a standard septic tank for the 3 parameters not covered by NSF 40; or

(3) If reductions in nitrate setbacks are being requested, the effluent quality from the proposed technology meets or exceeds NSF 245 and nitrate at the property boundary will not exceed 10 mg/L.

(b) The criterion “function as reliably or better than a conventional system” when applied to a treatment tank means that the proposed technology, as compared to a standard septic tank, has a reduced occurrence of inadequately treated discharges.

(c) When evaluating an applicant’s design manual, the department shall review the material in the manual to ensure that a system built following the design manual will meet the criteria specified in Env-Wq 1024.08(c).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.12 Performance Testing {#sec-env-wq-1024.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.12}

(a) Performance testing required pursuant to Env-Wq 1024.04(c)(2) shall be designed such that:

(1) The amount and quality of data available on the proposed technology becomes sufficient to support claims of performance and operational reliability:

a. In conditions of weather and terrain that reasonably can be expected in the state; and

b. Over a period of time such that the expected useful life of an ISDS using the technology can be estimated to be comparable to the expected useful life of conventional technology;

(2) The complexity of the proposed technology does not interfere with the application of standard engineering judgment to evaluate claims of performance and operational reliability;

(3) If the proposed technology could fail in ways that would be difficult to detect in the field by visual or olfactory observation, alternative methods to detect failure are developed that can be implemented in actual installations; and

(4) The consequences of failure of the proposed technology can be compared to the consequences of failure of conventional technology.

(b) Prior to undertaking performance testing, the ITA applicant shall submit a proposed testing protocol to the department in writing.

(c) The department shall approve the proposed testing protocol if:

(1) The testing will be performed on an ISDS installed in accordance with the manufacturer’s design manual, if the ITA applicant has specified that such installation is believed to be required in order for the proposed technology to meet the criteria specified in Env-Wq 1024.06(b);

(2) The test ISDS will be installed in New Hampshire or in conditions of weather and terrain that reasonably can be expected in the state;

(3) Effluent loading and quality will replicate effluent loading and quality typically found in the type of installation for which approval is sought, such as residential or commercial;

(4) Groundwater sampling will be performed at least monthly, in locations that allow for evaluation of groundwater quality around, under, and at least 75 feet down-gradient of the test ISDS; and

(5) The department will receive split samples of a representative number of groundwater samples, determined based on the number of sampling locations and frequency of sampling.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.13 Updated Design Manuals {#sec-env-wq-1024.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.13}

(a) All ITA owners shall submit to the department updated design and installation manuals for approved innovative or alternative technology each time the manual is revised.

(b) Approval by the department of an updated ITA owner’s design and installation manual shall be required if:

(1) The installation or maintenance methods that are specified in the current ITA manual have changed but the design of the technology covered by the ITA has not changed; and

(2) The ITA owner is not requesting an amendment to their ITA pursuant to Env-Wq 1024.14.

(c) Any updated manual shall not be effective in New Hampshire unless and until it is approved by the department.

(d) To obtain approval of an updated manual, the ITA owner shall submit the updated manual in pdf format to the department with a written request for approval. ITA owners seeking approval pursuant to (b), above, shall also submit the following:

(1) A copy of the original ITA manual, or the current manual if the department has approved an updated manual previously;

(2) All operational reports, patent information, technical reports, and laboratory reports published on the technology subsequent to the original application, even if the information might in whole or in part reflect negatively on the technology; and

(3) A summary of the details on how the updated manual differs from the original ITA manual or from the current approved ITA manual, as applicable, and why the manufacturer is proposing the changes.

(e) The department shall review the request within 60 days and shall approve the updated manual:

(1) If only editorial, non-substantive changes to the manual have been made; or

(2) For requests submitted pursuant to (b), above, if the department determines that a system built following the updated design manual will meet the criteria specified in Env-Wq 1024.08(c).

(f) If the department approves the updated manual, it shall:

(1) Notify the ITA owner in writing; and

(2) Post on its web site a copy of the approved manual including the approval date.

(g) If the department determines that the updated manual does not meet the criteria specified in (d), above, the department shall notify the applicant, in writing, of the denial and the specific reason(s) for the decision.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1000) #11184, eff 10-1-16; ss by #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.14 Requirements for Existing ITA Owners Requesting a New or Amended ITA {#sec-env-wq-1024.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.14}

(a) An ITA owner shall be required to request approval of an amendment to their ITA from the department if the ITA owner proposes a new or additional reduction to the horizontal footprint of the EDA or to the separation distance from the SHWT or impermeable substratum for the existing, approved technology.

(b) An ITA owner shall be required to request a new approval from the department pursuant to Env-Wq 1024.07 for an existing approved technology if the design of the technology has changed, or if one or more of the components of the technology has changed.

(c) For each request pursuant to (a) above, the ITA owner shall submit:

(1) An updated ITA manual for proposed use(s) that include all modifications to their respective ITA manual for the use(s); and

(2) Analytical testing results, data, and reports that support the proposed amendment or request for new approval such that the criteria specified in Env-Wq 1024.10, Env-Wq 1024.11, and Env-Wq 1024.13 are met.

(d) The department shall approve a request for an amendment if the department determines that a system built in accordance with the proposed amended ITA and amended manual will meet the criteria specified in Env-Wq 1024.08(c).

(e) If the department approves the request for an amendment, it shall:

(1) Notify the ITA owner in writing; and

(2) Post on its web site the amended ITA and the approved manual including the approval date.

(f) If the department determines that the criteria specified in (d), above, is not met, the department shall notify the applicant, in writing, of the denial and the specific reason(s) for the decision.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.15 Confidentiality of Submitted Materials {#sec-env-wq-1024.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.15}

If any ITA applicant or ITA owner wishes to have any information submitted to the department to be protected as confidential, the ITA applicant or ITA owner shall make a claim pursuant to Env-C 208.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1024.16 Suspension or Revocation of ITAs {#sec-env-wq-1024.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1024.16}

(a) Failure to comply with this part shall subject the ITA owner to the possibility of revocation or suspension of the ITA pursuant to this section or administrative fines pursuant to Env-Wq 1026.

(b) Any ITA issued by the department shall be based on the presumption that the information submitted as part of the application is true, complete, and not misleading.

(c) An ITA owner shall be subject to an adjudicative proceeding in accordance with Env-C 200 to revoke the ITA if they do not adequately respond to department requests for compliance and if the department determines that:

(1) Information submitted with the application for ITA was false, incomplete, or misleading and if the department would have issued a different decision; or

(2) There is sufficient information to support a finding that the approved technology:

a. Does not adequately protect public health or water quality; or

b. Does not function as reliably or better than conventional technology.

(d) An ITA owner shall be subject to an adjudicative proceeding in accordance with Env-C 200 to suspend the ITA if the ITA owner fails to meet the reporting requirements of Env-Wq 1024.03 and does not adequately respond to department requests for compliance.

(e) The department shall reinstate a suspended ITA if the ITA owner complies with the reporting requirements of Env-Wq 1024.03 within 60 days of the issued suspension order. Failure to meet the 60-day deadline shall result in automatically converting the suspension to a revocation, and the ITA owner shall be notified of such potential outcome in the suspension order.

(f) If an ITA has been revoked, the technology shall no longer be proposed for use in an ISDS in New Hampshire unless the owner of the technology obtains a new ITA.

(g) If an ITA is suspended, the technology shall not be proposed for use in an ISDS in New Hampshire during the term of suspension.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1025 Transfers of Developed Waterfront Property Using an Isds

N.H. Code Admin. R. Ann. Env-Wq 1025.01 Applicability {#sec-env-wq-1025.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1025.01}

(a) This part shall apply to the sale of any developed waterfront property using a septic system, where any portion of the septic system is within 250 feet of the reference line.

(b) For the purposes of this part:

(1) “Developed waterfront property” means “developed waterfront property” as defined RSA 485-A:2, I; and

(2) “Septic system” means any sewage disposal system that requires approval from the department, including an ISDS as defined in Env-Wq 1002.40 and a holding tank.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1025.02 Requirement for Buyer to Obtain a Septic System Evaluation {#sec-env-wq-1025.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1025.02}

(a) Prior to the sale of developed waterfront property covered by RSA 485-A:39, I, the buyer shall either:

(1) Engage a New Hampshire licensed septic system evaluator to conduct a septic system evaluation;

(2) Accept, as acknowledged in writing by the buyer, a septic system evaluation prepared by a New Hampshire licensed septic system evaluator for the seller, so long as the evaluation was completed within 180 days of the transfer of the property; or

(3) Replace or repair the septic system within 180 days of the transfer of the property.

(b) If the buyer chooses the option in (a)(3), above, the buyer shall:

(1) Complete and submit to the department and the local health officer the form “Buyer’s Declaration for Repair or Replacement of the Individual Sewage Disposal System”, NHDES-W-05-016, February 2026, available at https://onlineforms.nh.gov/?formtag=NHDES-W-05-016 prior to the sale of the property, including a declaration; and

(2) Submit to the department and the local health officer within 180 days of the transfer of the property a copy of the department’s approval to operate if the system was replaced.

(c) By signing the required form referenced in (b)(1), above, the buyer is declaring that they understand that they are required to:

(1) Submit the form to the subsurface systems bureau at the department and the local health officer in the municipality where the property is located prior to the transfer of the property, as notification that the septic system evaluation was not completed;

(2) Replace or repair the septic system within 180 days of the transfer of property; and

(3) File a report to the department and the local health officer that includes a copy of the approval to operate for the septic system within 180 days of the property transfer.

(d) If any component of the septic system is within the 250 feet of the reference line, then the entire septic system serving the property to be sold shall be subject to the evaluation requirements.

(e) If the septic system is shared by more than one property, only the components of the septic system that serve the property to be sold shall be subject to the evaluation requirements.

(f) If there is more than one septic system on the lot to be sold, only the septic system that serves the property to be sold shall be subject to the evaluation requirements.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1025.03 Septic System In Failure {#sec-env-wq-1025.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1025.03}

(a) The buyer shall also hire a permitted designer to determine, prior to the transfer of the property, if the septic system is in failure and if:

(1) The existing septic system does not have approval to operate from the department; or

(2) The existing approval to operate from the department was issued prior to September 1, 1989.

(b) If the permitted designer in (a), above, determines that the septic system is in failure in accordance with RSA 485-A:2, IV, the buyer and the evaluator shall comply with the requirements in RSA 485-A:39, V.

(c) If the septic system evaluator hired pursuant to Env-Wq 1025.01(a)(1) or (2) determines that the septic system shows signs of failure, the buyer and the evaluator shall comply with the requirements in RSA 485-A:39, V.

(d) If the evaluator is required to provide notification to the department pursuant to RSA 485-A:39, V, the evaluator shall complete and submit the form “Septic System Evaluation Report for Waterfront Property Transfer”, NHDES-W-05-015, February 2026, available at https://onlineforms.nh.gov/?formtag=NHDES-W-05-015.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1025.04 Extensions of Timelines {#sec-env-wq-1025.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1025.04}

(a) Pursuant to RSA 485-A:39, VII, the buyer may request in writing from the department an extension of the 180 days in:

(1) Env-Wq 1025.02(a)(2) prior to the transfer of the property; and

(2) Env-Wq 1025.02(a)(3) or in RSA 485-A:39, V(c) prior to the end of the 180 days.

(b) The department shall grant a request for an extension and allow a buyer to use an evaluation from a seller up to 360 days old if the buyer submits with their written request, pursuant to (a)(1), above, an explanation of why there are circumstances beyond their control that prevent them from obtaining a septic system evaluation prior to the transfer of the property.

(c) The department shall grant an extension of up to an additional 180 days, pursuant to (a)(2), above, if the buyer submits with their written request an explanation of why there are circumstances beyond their control that preclude them from having the septic system replaced in a timely fashion.

(d) No more than one 180 day extension is allowed pursuant to RSA 485-A:39, VII.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1025.05 Shared Septic System {#sec-env-wq-1025.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1025.05}

Each buyer of a property that has a shared septic system shall be required to comply with the requirements of RSA 485-A:39 and Env-Wq 1025.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

Part Env-Wq 1026 Administrative Fine Schedule

N.H. Code Admin. R. Ann. Env-Wq 1026.01 Purpose {#sec-env-wq-1026.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1026.01}

The purpose of Env-Wq 1026 is to establish a schedule of fines in accordance with RSA 485-A:43, V for violations of the sewage disposal systems subdivision, RSA 485-A:29-44, any rule adopted pursuant to RSA 485-A:29-44, or any permit or approval issued under the authority of RSA 485-A:29-44.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1026.02 Fine Amounts for Major Violations {#sec-env-wq-1026.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1026.02}

The proposed fine amount for all knowing violations of RSA 485-A:29-44, any rule adopted pursuant to RSA 485-A:29-44, or any permit or approval certification issued under the authority of RSA 485-A:29-44 shall be $2,000 for each offense, including but not limited to:

(a) Submitting false or misleading information relating to any application for approval, request for waiver, request for more information, call for inspection, or do not backfill order;

(b) Failing to comply with any requirement set out in an administrative order issued under the authority of RSA 485-A:42;

(c) Providing to any person or the department a design for a subsurface sewage disposal system without first obtaining a license under RSA 485-A:35 from the department;

(d) Commencing construction of a subsurface sewage disposal system without first obtaining a license under RSA 485-A:36 from the department, unless exempt under RSA 485-A:36;

(e) Using a license or permit number issued to another person without that permittee’s knowledge;

(f) Constructing a building from which wastewater will be discharged without prior approval of plans and specifications for a subsurface sewage disposal system to serve the structure from the department;

(g) Constructing a subsurface sewage disposal system without prior approval of plans and specifications from the department;

(h) Commencing construction of roads within the lot, tract, or parcel proposed to be subdivided, by clearing the land thereof of natural vegetation, placing any artificial fill thereon, or otherwise altering the land, or any other act or acts which will alter the natural state of the land or environment without a subdivision approval if such approval is required;

(i) Constructing a repair or replacement-in-kind of a sewage effluent disposal area without having obtained a receipt of the permit by rule pursuant to Env-Wq 1004.17(a) from the department;

(j) Failing to construct sewage or waste disposal systems in strict accordance with the final approved plans;

(k) Covering or placing into operation a sewage or waste disposal system without final inspection and approval by an authorized agent of the department;

(l) Failing to operate and maintain a subsurface sewage or waste disposal system in such a manner as to prevent a nuisance or potential health hazard due to failure of the system;

(m) Failing to pump the septic tank after a subsurface disposal system is found to be in failure by the local health officer, a licensed designer, or by the department at sufficient frequency to prevent introduction of additional effluent into the failed effluent disposal area;

(n) Violating any terms or conditions of an issued ITA; and

(o) Failure to comply with the reporting requirements of Env-Wq 1024.03.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1026.03 Fines Amounts for Violations with No Previously Scheduled Fine {#sec-env-wq-1026.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1026.03}

(a) For the purposes of this section, the following definitions shall apply:

(1) “Major deviation from requirement” means the violator deviated from a requirement of a statute or rule to such an extent that there is substantial non-compliance;

(2) “Moderate deviation from requirement” means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met;

(3) “Minor deviation from requirement” means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met;

(4) “Major potential for harm” means a substantial likelihood of causing harm to human health or the environment;

(5) “Moderate potential for harm” means a moderate likelihood of causing harm to human health or the environment; and

(6) “Minor potential for harm” means a small likelihood of causing harm to human health or the environment.

(b) For violating the requirements of, or refusing to comply with, any of the provisions of RSA 485-A:29-44, and any rule adopted pursuant to RSA 485-A:29-44, or any permit or certification issued under the authority of RSA 485-A:29-44, the proposed fine for each violation that does not meet the criteria in Env-Wq 1026.02 shall be calculated pursuant to Table 1026-1, below, based on the extent of deviation from the requirement and the potential for harm.

Table 1026-1: Matrix for Calculated Fines – Maximum Fine $2,000

Minor Deviation from Requirement

Moderate Deviation from Requirement

Major Deviation from Requirement

Minor Potential for Harm

range: $100 to $500 default: $250

range: $500 to $1,000 default: $750

range: $1,000 to $1,500 default: $1,250

Moderate Potential for Harm

range: $500 to $1,000 default: $750

range: $1,000 to $1,500 default: $1,250

range: $1,500 to $2,000 default: $1,750

Major Potential for Harm

range: $1,000 to $1,500 default: $1,250

range: $1,500 to $2,000 default: $1,750

$2,000

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

N.H. Code Admin. R. Ann. Env-Wq 1026.04 Administrative Fine Hearings {#sec-env-wq-1026.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1026.04}

Env-C 200 shall apply to all administrative fine hearings, and adjudication of the proposed fine shall be in accordance with Env-C 204.24.

Appendix A: State Statutes Implemented

Rule Section(s)

Specific Statute(s) Implemented

Env-Wq 1001

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1001.03

RSA 541-A:22, IV

Env-Wq 1002

RSA 485-A:2; RSA 485-A:29-44

Env-Wq 1003

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1004

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1005

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1006

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1007

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1008

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1009

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1010

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1011

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1012

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1013

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1014

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1015

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1016

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1017

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1018

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1019

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1020

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1021

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1022

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1023

RSA 485-A:1; RSA 485-A:29-44

Env-Wq 1024

RSA 485-A:1; RSA 485-A:4, IX; RSA 485-A:29-44

Env-Wq 1025

RSA 485-A:39

Env-Wq 1026

RSA 485-A:22, V(a)

Appendix B: Incorporated References

Rule (Env-Wq)

Reference (Date/Edition)

Obtain From (Cost)

1003.07(f)

1003.13(g)

National Geodetic Vertical Datum of 1929 (NGVD 29)

Available for free from the National Geodetic Survey at the National Oceanic and Atmospheric Administration at https://www.ngs.noaa.gov/datasheets/

1003.07(f)

1003.13(g)

North American Vertical Datum of 1988 (NAVD 88)

Available for free from the National Geodetic Survey at the National Oceanic and Atmospheric Administration at https://www.ngs.noaa.gov/datasheets/

1005.02(c)(3)

1006.05(a)(1)

Munsell Soil Color Charts (2009)

Available through various sources, including:

https://www.pantone.com/munsell-soil-color-charts $298

1006.05(b)

Field Book for Describing and Sampling Soils: Version 4.0 (2024)

USDA-NRCS National Soil Survey Center

Available at no cost:

https://www.nrcs.usda.gov/resources/guides-and-instructions/field-book-for-describing-and-sampling-soils

1008.03(b)(1)

“Groundwater Mounding Analysis for Onsite Wastewater Discharge: From Simple to Innovative”, Vermont Department of Environmental Conservation, HydroSolve, Inc., and University of Nebraska-Lincoln (2019)

Available at no cost at:

https://neiwpcc.org/wp-content/uploads/2019/04/Bradley_Groundwater-Mounding-JGB-V.6.pdf

1019.04(a)(1)

“Small Scale Waste Management Project: Design of Pressure Distribution Networks for Septic Tank-Soil Absorption Systems”, Richard J. Otis at the University of Wisconsin-Madison (January 1981)

Available at no cost from multiple sources including at:

https://soilsfacstaff.cals.wisc.edu/sswmp/pubs/9.6.pdf

1019.04(a)(2)

“Pressure Distribution Network Design”, James C. Converse, University of Wisconsin-Madison (January 2000)

Available at no cost at https://soilsfacstaff.cals.wisc.edu/sswmp/SSWMP_9.14.pdf

Appendix C: STATUTORY REFERENCES

RSA 485-A:2

I. "Developed waterfront" property means any parcel of land upon which stands a structure suitable for either seasonal or year-round human occupancy, where such parcel of land is contiguous to or within 250 feet of the reference line, as defined in RSA 483-B:4, XVII, of: (a) A fresh water body, as defined in RSA 483-B:4, XVI(a); (b) Coastal waters, as defined in RSA 483-B:4, XVI(b); or (c) A river, as defined in RSA 483-B:4, XVI(c).

I-c. "Commissioner" means the commissioner of the department of environmental services.

III. "Department" means the department of environmental services.

IV. "Failure" means the condition produced when a subsurface sewage or waste disposal system does not properly contain or treat sewage or causes the discharge of sewage on the ground surface or directly into surface waters, or the effluent disposal area is located in the seasonal high groundwater table.

VII. "Lot" means a part of a subdivision or a parcel of land which can be used as a building site or intended to be used for building purposes, whether immediate or future.

VIII. "Other wastes" means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substance harmful to human, animal, fish or aquatic life.

IX. "Person" means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

X. "Sewage" means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.

XI. "Sewage disposal system" means any private sewage disposal or treatment system, other than a municipally owned and operated system.

XII. "Subdivider" means the legal owner or his authorized agent of a tract or parcel of land being subdivided.

XIII. "Subdivision" means the division of a tract or parcel of land into 2 or more lots, tracts, or parcels for the purpose, whether immediate or future, of sale, rent, lease, building development, or any other reason; provided, however, that sale or other conveyance which involves merely an exchange of land among 2 or more owners and which does not increase the number of owners, and on which no sewage disposal system is to be constructed shall not be deemed a subdivision for the purposes of this chapter. Without limiting the generality of the foregoing, subdivision shall include re-subdivision, and, in the case of a lot, tract or parcel previously rented or leased, the sale, condominium conveyance, or other conveyance thereof; provided however that a re-subdivision of lots in previously approved subdivisions, where lot lines are relocated to conform to necessary changes in the plans because of errors in a survey or new street, access or siting requirements, or errors in building locations, and where the lot sizes are not substantially altered shall not be deemed a subdivision for the purposes of this chapter; and provided further that a re-subdivision in which previously approved lots are grouped together to form larger lots shall not be deemed a subdivision for the purposes of this chapter. The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision under this chapter.

XV. "Tract or parcel of land" means an area of land, whether surveyed or not surveyed.

XX. "Bedroom" means a room furnished with a bed and intended primarily for sleeping, unless otherwise specified by local regulations.

XXI. "Innovative/alternative waste treatment" means treatment which differs from standardized and conventional practice, offers an advantage over such practice in a proposed application and satisfies the pollution abatement and treatment requirements for sewerage and sewage or waste treatment systems in such application.

RSA 205-A:1

I. "Manufactured housing" includes, but is not limited to, manufactured housing as defined by RSA 674:31, and also includes any prefabricated dwelling unit which: (a) Is designed for long term and continuous residential occupancy; (b) Is designed to be moved on wheels, as a whole or in sections; and (c) On arrival on the site, is complete and ready for occupancy, except for incidental unpacking, assembly, connection with utilities, and placing on support or permanent structure. Nothing herein shall be construed to include campers or recreational vehicles within the definition of "manufactured housing".

II. "Manufactured housing park" means any parcel of land under single or common ownership or control which contains, or is designed, laid out or adapted to accommodate 2 or more manufactured houses. Nothing herein shall be construed to apply to premises used solely for storage or display of manufactured housing.

RSA 483-B:4

XIII. "Primary building line" means a setback for primary structures of 50 feet from the reference line.

XV. "Protected shoreland" means, for natural, fresh water bodies without artificial impoundments, for artificially impounded fresh water bodies, except private garden water features and ponds of less than 10 acres, and for coastal waters and rivers, all land located within 250 feet of the reference line of public waters. For river segments of third order or lower designated as protected under RSA 483:15 which are either designated after or for which specific exemptions are repealed after December 31, 2015, "protected shoreland" means all land located within 50 feet of the reference line of public water.

XVII. "Reference line" means: (a) For all lakes, ponds, and artificial impoundments greater than 10 acres in size, the surface elevation as listed in the Consolidated List of Water Bodies subject to the shoreland water quality protection act as maintained by the department. (b) For coastal waters, the highest observable tide line, which means a line defining the furthest landward limit of tidal flow, not including storm events, which can be recognized by indicators such as the presence of a strand line of flotsam and debris, the landward margin of salt tolerant vegetation, or a physical barrier that blocks further flow of the tide. (c) For rivers, the ordinary high water mark.

XXVII. "Woodland buffer" means all protected shorelands within 150 feet of the reference line including those protected shorelands within 50 feet of the reference line more specifically designated as the waterfront buffer.

RSA 485:1-a

XV. "Public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system: (a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities); (b) Obtains all of its water from, but is not owned or operated by, a public water system; and (c) Does not sell water to any person.

XVI. "Supplier of water" means any person who controls, owns or generally manages a public water system.

RSA 216-I: 1

VII. "Recreational campground or camping park" means a parcel of land on which 2 or more campsites are occupied or are intended for temporary occupancy for recreational dwelling purposes only, and not for permanent year-round residency, excluding recreation camps as defined in RSA 170-E:55, I.

VIII. "Recreational vehicle" means any of the following vehicles: (a) Motorhome or van, which is a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle. (b) Pickup camper, which is a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation. (c) Recreational trailer, which is a vehicular, portable structure built on a single chassis, 400 square feet or less when measured at the largest exterior horizontal projections, calculated by taking the measurements of the exterior of the recreational trailer including all siding, corner trim, molding, storage space and area enclosed by windows but not the roof overhang. It shall be designed primarily not for use as a permanent dwelling but as a temporary dwelling for recreational, camping, travel or seasonal use. (d) Tent trailer, which is a canvas or synthetic fiber folding structure, mounted on wheels and designed for travel, recreation, and vacation purposes.

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 354-A:15

VIII. No provision in this subdivision regarding familial status shall apply with respect to housing for older persons. (a) As used in this paragraph, "housing for older persons" means housing: (1) Provided under any state or federal program that the Secretary of the United States Department of Housing and Urban Development determines is specifically designed and operated to assist elderly persons, as defined in the state or federal program; or (2) Intended for, and solely occupied by, persons 62 years of age or older; or (3) Intended and operated for occupancy by persons 55 years of age or older and: (A) At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older; (B) The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this subparagraph; and (C) The housing facility or community complies with rules adopted by the commission for verification of occupancy, which shall: (i) Provide for verification by reliable surveys and affidavits; and (ii) Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of subparagraph X(a)(3)(B). These surveys and affidavits shall be admissible in administrative and judicial proceedings for the purposes of such verification. (b) Housing shall not fail to meet the requirements for housing for older persons by reason of: (1) Persons residing in such housing as of the effective date of this amendatory Act of 1988 who do not meet the age requirements of subparagraph X(a)(2) or X(a)(3); provided, that new occupants of such housing meet the age requirements of subparagraph X(a)(2) or X(a)(3); or (2) Unoccupied units; provided, that such units are reserved for occupancy by persons who meet the age requirements of subparagraph X(a)(2) or X(a)(3). (c)(1) A person shall not be held personally liable for monetary damages for a violation of this subdivision if the person reasonably relied, in good faith, on the application of the exemption under this paragraph relating to housing for older persons. (2) For the purposes of this subparagraph, a person may show good faith reliance on the application of the exemption only by showing that: (A) The person has no actual knowledge that the facility or community is not, or will not be, eligible for the exemption; and (B) The facility or community has stated formally, in writing, that the facility or community complies with the requirements for the exemption.

Appendix D: Federal Definition

44 CFR 59.1:

Special flood hazard area - see “area of special flood hazard”.

Area of special flood hazard is the land in the flood plain within a community subject to a 1 percent or greater chance of flooding in any given year. The area may be designated as Zone A on the FHBM. After detailed ratemaking has been completed in preparation for publication of the flood insurance rate map, Zone A usually is refined into Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, AR/A, VO, or V1-30, VE, or V. For purposes of these regulations, the term “special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”.

History

• #14486, eff 2-1-26, EXPIRES: 2-1-36

Chapter Env-Wq 1100 Public Bathing Places

Part Env-Wq 1101 Purpose; Applicability

N.H. Code Admin. R. Ann. Env-Wq 1101.01 Purpose {#sec-env-wq-1101.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1101.01}

The purpose of the rules in Env-Wq 1100 is to:

(a) Establish the criteria and procedures for reviewing and approving the design and installation of public bathing places;

(b) Identify standards to protect water quality and the health and safety of persons using public bathing places;

(c) Ensure that public bathing places are maintained and operated safely for patrons; and

(d) Implement:

(1) RSA 485-A:26, II(b) relative to registration of PBF establishments;

(2) RSA 485-A:26-a relative to PBF compliance self-certification;

(3) RSA 485-A:27, II relative to emergency closures;

(4) RSA 485-A:27-a relative to certified pool operators; and

(5) RSA 485-A:26, IV relative to equivalent municipal programs.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1101.02 Applicability; Potential Conflicts {#sec-env-wq-1101.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1101.02}

(a) This chapter shall apply to all public bathing places as defined in Env-Wq 1102.

(b) If any requirement in Env-Wq 1100 or in any document or standard incorporated by reference conflicts with any other applicable requirement or local ordinance, the requirement that is most protective of public health shall apply.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

Part Env-Wq 1102 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1102.01 Air handling system {#sec-env-wq-1102.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.01}

“Air handling system” means mechanical or electrical equipment, or combination thereof, that controls air distribution, air flow, relative humidity, and condensation.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.02 Automated chemical controller {#sec-env-wq-1102.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.02}

“Automated chemical controller” means electrical equipment that senses water variables, primarily sanitizer concentrations and pH, and controls feed systems to maintain variables within desired limits.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100) ; ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.03 Bather {#sec-env-wq-1102.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.03}

“Bather” means any individual entering the water at a public bathing place.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100) ; ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.04 Bromine {#sec-env-wq-1102.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.04}

“Bromine” means the element having atomic number 35, which is a dark, heavy, reddish-brown liquid in its natural state, that is sometimes used in bathing facility water sanitation.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.05 Cartridge filter {#sec-env-wq-1102.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.05}

“Cartridge filter” means a filter that uses a fabric-like cartridge as a filtering medium.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.06 Certified pool operator {#sec-env-wq-1102.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.06}

“Certified pool operator” means a pool operator who meets the qualifications established in RSA 485-A:27-a, I, reprinted in Appendix E.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.07 Chlorine {#sec-env-wq-1102.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.07}

“Chlorine” means the element having atomic number 17, which is a heavy, green, highly poisonous gas in its natural state, that when compressed into a liquid form can be used to sanitize bathing facility water.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.06) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.08 Chlorine demand {#sec-env-wq-1102.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.08}

“Chlorine demand” means the amount of chlorine needed to oxidize organic matter present in bathing facility water, such as combined chlorine, susceptible bacteria, and algae.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.07) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.09 Circulation system {#sec-env-wq-1102.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.09}

“Circulation system” means the totality of the mechanical components including, but not limited to, pumps, hair and lint strainers, filters, valves, gauges, meters, heaters, surface skimmers, inlet/outlet fittings, and chemical feeding devices, that are a part of a system connected to a pool or spa which, when connected to each other by piping, perform as a coordinated system for purposes of maintaining pool or spa water in a clear and sanitary condition.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.08) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.10 Combined chlorine {#sec-env-wq-1102.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.10}

“Combined chlorine” means compounds formed when free chlorine combines with nitrogen or ammonia from substances introduced into chlorinated water, including but not limited to urine, suntan oils, hair spray, and perspiration.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.09) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.11 Common interest bathing place {#sec-env-wq-1102.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.11}

“Common interest bathing place” means a public bathing place that is part of the common facilities of a common interest ownership residential community such as a residential condominium complex, manufactured housing cooperative, or homeowners association, and that is operated by such community for the residents thereof and their guests.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.10) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.12 Communicable disease {#sec-env-wq-1102.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.12}

“Communicable disease” means “communicable disease” as defined in RSA 141-C:2, VI, as reprinted in Appendix C.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.11) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.13 Cover/grate {#sec-env-wq-1102.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.13}

“Cover/grate” means a covering fitting or assembly that separates the bather from the suction sump or piping, sometimes referred to as a “grate” or a “cover.”

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.12) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.14 Cyanobacteria {#sec-env-wq-1102.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.14}

“Cyanobacteria” means a photosynthetic prokaryote within the class Cyanophyceae containing both chlorophyll and phycobillins, some species of which produce cyanotoxins which are toxic to mammals, including humans, and which, when present in large amounts, may cause a blue-green scum to form on the surface of lakes and ponds.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.13) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.15 Cyanuric acid {#sec-env-wq-1102.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.15}

“Cyanuric acid” means the chemical 2, 4, 6, prihydroxy-s-triazine, which is known in the regulated community as a stabilizer or conditioner that is used to reduce the loss of chlorine in water caused by the sun’s ultraviolet rays.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.14) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.16 Daytime telephone number {#sec-env-wq-1102.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.16}

“Daytime telephone number” means the 10-digit telephone number at which the holder of the number can be reached during normal business hours.

History

• #13198, eff 5-1-22 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.17 Deck {#sec-env-wq-1102.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.17}

“Deck” means the area immediately adjacent to or attached to a pool or spa that is specifically constructed for use by patrons for sitting, standing, or walking.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.15) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.18 Department {#sec-env-wq-1102.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.18}

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

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.16) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.19 Design flow rate {#sec-env-wq-1102.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.19}

“Design flow rate” means the rate of flow used for design calculations in a system.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.17) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.20 Designated beach {#sec-env-wq-1102.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.20}

“Designated beach” means a public bathing place that comprises an area on the shore of a surface water, the adjacent surface water, and associated buildings and equipment, intended or used for bathing, swimming, or other primary water contact purposes. The term includes, but is not limited to, beaches or other swimming areas at hotels, motels, health facilities, water parks, condominium complexes, apartment complexes, youth recreation camps, public parks, and recreational campgrounds or camping parks as defined in RSA 216-I:1, VII. The term does not include any area on a water body that serves 3 or fewer living units and that is used only by the residents of the living units and their guests.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.18) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.21 Diatomaceous filter {#sec-env-wq-1102.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.21}

“Diatomaceous filter” means a pressure or vacuum-type filter that uses a white powder derived from fossilized organisms called diatoms as a filtering medium.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.19) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.22 Diethylphenylene diamine (DPD) {#sec-env-wq-1102.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.22}

“Diethylphenylene diamine (DPD)” means a chemical testing reagent that measures bromine or free available chlorine and total chlorine, wherein the color changes from pale pink to dark red as the concentration of bromine or chlorine increases.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.20) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.23 Electronic portal {#sec-env-wq-1102.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.23}

“Electronic portal” means an electronic reporting system designed and intended to be used for submitting documents related to the public bathing place program to the department by electronic means.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.24 Enterococci {#sec-env-wq-1102.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.24}

“Enterococci” means a spherical bacteria often grouped in chains resembling a string of beads, which are a natural component of the intestines of warm-blooded animals and which are used in public health as indicators of fecal pollution.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.21) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.25 Escherichia coli (E. coli) {#sec-env-wq-1102.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.25}

“Escherichia coli (E. coli)” means a group of gram-negative rod-shaped bacteria that are a natural component of the intestines of warm-blooded animals and which are used in public health as indicators of fecal pollution.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.22) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.26 Establishment {#sec-env-wq-1102.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.26}

“Establishment” means a location that has one or more public bathing places including but not limited to, hotels, motels, health facilities, water parks, condominium complexes, apartment complexes, youth recreation camps, public parks, and recreational campgrounds or camping parks as defined in RSA 216-I:1, VII.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.27 Fence {#sec-env-wq-1102.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.27}

“Fence” means a structural safety boundary intended to prevent unauthorized entry from the outside, not intended to be sat on, walked on, or climbed on or over.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.23) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.28 Flow meter {#sec-env-wq-1102.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.28}

“Flow meter” means a device that measures the rate of flow of water through piping.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.26) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.29 Flow rate {#sec-env-wq-1102.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.29}

“Flow rate” means the quantity of water flowing through a pipe in a specified time, such as the number of gallons flowing past a point in one minute.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.24) (see Revision Note #3 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.24) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.30 Flow-through bathing place {#sec-env-wq-1102.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.30}

“Flow-through bathing place” means a public bathing place that has been formed by damming all or portions of a surface water, in which circulation depends on the flow of water, whether pumped or gravity-fed.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.25) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.31 Free available chlorine {#sec-env-wq-1102.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.31}

“Free available chlorine” means that portion of the total chlorine remaining in chlorinated water that is not bound in combined chlorine and so is available as a sanitizer.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.27) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.32 Gravity flow system {#sec-env-wq-1102.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.32}

“Gravity flow system” means “gravity flow system” as described in ANSI/APSP/ICC-7, 2013, reprinted in Appendix D.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.28) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.33 Heterotrophic plate count (HPC) {#sec-env-wq-1102.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.33}

“Heterotrophic plate count (HPC)” means a laboratory test for culturing and quantifying live bacteria, which are primary indicators of disinfection efficiency. Indicators of health risk include normal skin flora such as Streptococcus, Staphylococcus, and Pseudomonas that are likely to be shed in oils, saliva, and mucus discharges.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (from Env-Wq 1102.23); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.29) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.34 Hose bib {#sec-env-wq-1102.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.34}

“Hose bib” means a valve with a threaded connection that is used as a hose connection.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.30) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.35 Hypochlorite {#sec-env-wq-1102.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.35}

“Hypochlorite” means a family of chemical compounds such as calcium hypochlorite, lithium hypochlorite, and sodium hypochlorite, used as a chlorine carrier in public bathing facility water.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.31) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.36 Lifeguard {#sec-env-wq-1102.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.36}

“Lifeguard” means an individual trained and certified in water rescue and lifesaving who is responsible for supervision and lifesaving at a public bathing place.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.32) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.37 Operating volume {#sec-env-wq-1102.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.37}

“Operating volume” means the volume of treated water that will be recirculated, that is contained within the pool envelope as measured from the horizontal centerline of the skimmer or top lip of the perimeter overflow system, as applicable, that includes water held in surge, balance or collection tanks, vented reservoirs, and transit pipes, and that accounts for areas created by benches, steps, foot wells, recessed stairs, underwater shelves, and other such areas.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.38 Owner {#sec-env-wq-1102.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.38}

“Owner” means the person who is legally responsible for ensuring compliance with applicable requirements.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.34) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.39 Oxidation reduction potential (ORP) {#sec-env-wq-1102.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.39}

“Oxidation reduction potential (ORP)” means a measure of the ability of chemicals in the water to oxidize, or reduce, ions, generally measured in millivolts (mV).

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.35) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.40 Patron {#sec-env-wq-1102.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.40}

“Patron” means any individual using a public bathing place, regardless of whether the individual enters the water.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.36) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.41 Person {#sec-env-wq-1102.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.41}

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

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.37) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.42 pH {#sec-env-wq-1102.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.42}

“pH” means the expression of the intensity of the acid or alkaline condition of a solution, such as water, as indicated by the hydrogen ion concentration and expressed as a number on the scale of 0 to 14, with 0 being most acidic, 7 being neutral, and 14 being most basic.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.38) (see Revision Note #3 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.38) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.43 Phenol red {#sec-env-wq-1102.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.43}

“Phenol red” means a pH indicator used in water analysis in the range between 6.8 and 8.4, wherein the color changes from yellow to red to purple as pH increases.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.39) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.44 Pool {#sec-env-wq-1102.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.44}

“Pool” means “pool” as defined in RSA 485-A:26, I(a), reprinted in Appendix C.

History

• #13198, eff 5-1-21 (formerly (see Revision Note #3 at chapter heading for Env-Wq 1100

N.H. Code Admin. R. Ann. Env-Wq 1102.45 Pool operator {#sec-env-wq-1102.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.45}

“Pool operator” means the individual who has responsibility for the daily operation of a public bathing facility and who is trained in the sanitation, safety, and proper maintenance of the public bathing facility and all physical and mechanical equipment associated therewith.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100

N.H. Code Admin. R. Ann. Env-Wq 1102.46 Pool or spa {#sec-env-wq-1102.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.46}

“Pool or spa” means a water-containing structure at an establishment.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.40) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.47 Pressure-type sand filter {#sec-env-wq-1102.47 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.47}

“Pressure-type sand filter” means a filter that uses sand or sand and gravel as the filtering medium, through which pool water is pumped under pressure.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100) ; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.41) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.48 Primary water contact {#sec-env-wq-1102.48 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.48}

“Primary water contact” means full body contact with water, with or without incidental ingestion of water.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100) ; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.42) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.49 Pseudomonas aeruginosa {#sec-env-wq-1102.49 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.49}

“Pseudomonas aeruginosa” means a gram-negative rod-shaped bacteria that commonly causes illnesses or infections such as dermatitis or folliculitis and otitis externa, or “swimmer’s ear.”

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.43) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.50 Public bathing facility {#sec-env-wq-1102.50 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.50}

“Public bathing facility” means “public bathing facility” as defined in RSA 485-A:26, I(b), reprinted in Appendix C.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.44) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.51 Public bathing place {#sec-env-wq-1102.51 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.51}

“Public bathing place” means a place or location, together with buildings and equipment, intended or used for recreational or therapeutic bathing, swimming, or diving, and operated by or for any governmental subdivision, public or private corporation, partnership, association, or educational institution open to the public, members, or students, whether on a fee or free basis. The term includes public bathing facilities, flow-through bathing places, and designated beaches. The term does not include any bathing place that serves 3 or fewer living units and that is used only by the residents of the living units and their guests and does not include any non-recirculating structure that uses potable water as its sole water source.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.44) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.52 Re-entrainment {#sec-env-wq-1102.52 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.52}

“Re-entrainment” means the capture of exhaust gases from a source by the air intake system for the source.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.53 Safety vacuum release system (SVRS) {#sec-env-wq-1102.53 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.53}

“Safety vacuum release system (SVRS)” means a system or device capable of providing vacuum release at a suction outlet caused by a high vacuum occurrence due to suction outlet flow blockage.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.46) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.54 Skimmer {#sec-env-wq-1102.54 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.54}

“Skimmer” means a mechanical device connected to circulation piping for continuous removal of surface water and floating debris from a public bathing facility.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.47) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.55 Spa {#sec-env-wq-1102.55 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.55}

“Spa” means a water-containing structure, sometimes called a hot tub or jacuzzi, that is designed for recreational or therapeutic use and for physiological and psychological relaxation but not for swimming or diving. These facilities are not drained and refilled after each use, instead the water is circulated, filtered, and sanitized. Spas include hydrojet circulation, hot water, cold water, mineral baths, and air induction systems. The term includes structures that are in a fixed location and structures that are intended to be moved from place to place on a rental or other commercial basis.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.48) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.56 Special recreation pool {#sec-env-wq-1102.56 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.56}

“Special recreation pool” means a water-containing structure or combination of structures that is not intended for swimming or diving but that is used typically for receiving bathers at the end of long slides, flumes, or chutes, or for artificial surfing and similar use. The term includes wave action pools, activity pools, catch pools, leisure rivers, vortex pools, and interactive play attractions.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.49) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.57 Stabilized chlorine {#sec-env-wq-1102.57 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.57}

“Stabilized chlorine” means an organic compound that reacts with water to form available chlorine and cyanuric acid, such as sodium dichloro-s-triazinetrione (dichlor) or trichloro-s-triazinetrione (trichlor).

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.50) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.58 Steps {#sec-env-wq-1102.58 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.58}

“Steps” means a series of horizontal surfaces used to ascend or descend. The term includes “stairs.”

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.59 Substantial modification {#sec-env-wq-1102.59 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.59}

“Substantial modification” means changes to a pool or spa, other than those required for maintenance, that affect operating volume, pool drain or skimmer sizing, perimeter piping replacement, pump size, filtration capacity, or drain disablement.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.60 Suction outlet {#sec-env-wq-1102.60 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.60}

“Suction outlet” means a fitting, fitting assembly, cover/grate, and related components that provide a localized low-pressure area for the transfer of water from a swimming pool, wading pool, or spa.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.51) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.61 Swimming area {#sec-env-wq-1102.61 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.61}

“Swimming area” means:

(a) For a pool, the area inside the perimeter of a swimming pool that contains the operating volume; or

(b) For a designated beach or flow-through bathing place, the area delineated by ropes or other means as being available for swimming, wading, and other water contact activities.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.62 Swimming pool {#sec-env-wq-1102.62 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.62}

“Swimming pool” means a water-containing structure that is entirely artificial in construction and is intended for bathing, swimming, diving, or any combination thereof. The term includes structures that are indoor, outdoor, or both.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.52) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.63 Therapy pool {#sec-env-wq-1102.63 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.63}

“Therapy pool” means a water-containing structure that is used for bathing and therapeutic use, wherein the water has a temperature higher than that of a swimming pool, usually from 90°F to 104°F.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.53) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.64 Total chlorine {#sec-env-wq-1102.64 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.64}

“Total chlorine” means the sum of free available chlorine and combined chlorine.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.54) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.65 Total coliform bacteria {#sec-env-wq-1102.65 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.65}

“Total coliform bacteria” means a group of facultative anaerobic, gram-negative, non-spore-forming rod-shaped bacteria that can be used to provide information on the presence of fecal coliform and E. coli.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.55) (see Revision Note #3 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.55) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.66 Turbidity {#sec-env-wq-1102.66 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.66}

“Turbidity” means the measure of suspended materials in water, which can obscure visibility, reported in nephelometric turbidity units (NTUs).

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.56) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.67 Turnover time {#sec-env-wq-1102.67 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.67}

“Turnover time” means the amount of time needed for all of the water in a public bathing facility to pass through the circulation system once.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.57) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.68 Unblockable drain {#sec-env-wq-1102.68 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.68}

“Unblockable drain” means “unblockable drain” as defined in the Virginia Graeme Baker Pool and Spa Safety Act, reprinted in Appendix D.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.58) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.69 Underwater shelf {#sec-env-wq-1102.69 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.69}

“Underwater shelf” means a flat, shallow area of a pool that adjoins the pool wall below the surface of the water, typically used for lounging, sitting, and playing in shallow water. The term includes “swim-out”, “sun shelf”, “Baja shelf”, “tanning ledge”, and “tanning shelf”.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.70 Virginia Graeme Baker Pool and Spa Safety Act (VGBA) {#sec-env-wq-1102.70 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.70}

“Virginia Graeme Baker Pool and Spa Safety Act (VGBA)” means Title XVI of the Energy Independence and Security Act of 2007, Public Law 110-140., 15 U.S.C. § 8003.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1100) #10577, eff 5-1-14; ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.59) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.71 Wading pool {#sec-env-wq-1102.71 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.71}

“Wading pool” means a water-containing structure that has a maximum depth of 2 feet.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.60) (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1102.72 Weir {#sec-env-wq-1102.72 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1102.72}

“Weir” means a flap within a skimmer that adjusts automatically to small changes in water level and assures a continuous water flow to the skimmer.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (formerly Env-Wq 1102.61) (see Revision Note #3 at chapter heading for Env-Wq 1100)

Part Env-Wq 1103 Approvals

N.H. Code Admin. R. Ann. Env-Wq 1103.01 Approval of Public Bathing Places Required {#sec-env-wq-1103.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.01}

(a) As specified in RSA 485-A:26, II(a), no person shall construct or install, operate, or maintain an artificial swimming pool or bathing place open to and used by the public, or as a part of a business venture, or a public bathing facility unless the construction, design, and physical specifications of such pool or bathing place have received prior approval from the department.

(b) Designated beaches in operation as of August 1, 2005 shall be deemed to have received prior approval from the department.

(c) Subject to (d), below, the owner of a public bathing facility (PBF) that has been closed for 12 months or longer shall apply for approval in accordance with this part prior to reopening the PBF for public use.

(d) If a publicly-owned year-round pool was closed, or if a publicly-owned seasonal pool was not opened, due to a public health emergency, then in lieu of the application required by (c), above, the public entity that owns the pool shall submit:

(1) A registration in accordance with Env-Wq 1104 if one has not already been submitted; or

(2) If a registration has already been submitted, a notice of intent to re-open in accordance with (e)-(f), below.

(e) A notice of intent to re-open submitted pursuant to (d)(2), above, shall include:

(1) The name of the public entity that owns the pool;

(2) The location of the pool by street address and municipality;

(3) The name, title, daytime telephone number, and email address of a contact for purposes of the notification;

(4) The date the pool was last closed; and

(5) The date the pool is expected to re-open.

(f) The notice of intent to re-open shall be submitted to the department:

(1) By sending it electronically to pools@des.nh.gov; or

(2) By sending or delivering it to:

DES Water Division

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

Attn: PBF Program Manager

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.02 Application for Approval of Public Bathing Places {#sec-env-wq-1103.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.02}

(a) Any person wishing to obtain approval for a public bathing facility (PBF) shall submit to the department:

(1) A “PBF Permit Application”, NHDES-W-07-056, dated February 2021, on the form available via the department’s website at www.des.nh.gov, that contains or is supplemented by the information specified in Env-Wq 1103.03 through Env-Wq 1103.05 and is signed as specified in (e) and (f), below;

(2) Plans and specifications as specified in Env-Wq 1103.06; and

(3) The fee required by RSA 485-A:26, II(a).

(b) The applicant shall submit the materials required by (a), above, to the department using an electronic portal, which when available will be accessible via www.des.nh.gov, or at the following address:

DES Water Division

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

Attn: PBF Program Manager

(c) Any person wishing to obtain approval for a designated beach or a flow-through bathing place shall submit to the department:

(1) An application, on a “Public Beach Application”, NHDES-W-07-043, dated January 2021, or “Flow-Through Bathing Place Application”, NHDES-W-07-044, dated January 2021, as applicable, obtained from the department’s website at www.des.nh.gov, that contains the information specified in Env-Wq 1103.07 and is signed as specified in (e) and (f), below;

(2) The information specified in Env-Wq 1103.09; and

(3) Specifications and dimensions as specified in Env-Wq 1103.08, on the plans specified in Env-Wq 1103.10.

(d) The applicant shall submit the materials required by (c), above, to the department using an electronic portal, which when available will be accessible via www.des.nh.gov, or at the following address:

DES Water Division

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

Attn: Public Beach Program

(e) The applicant and the owner, if other than the applicant, shall sign and date the application form.

(f) The signature(s) shall constitute certification 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 denying the application or revoking any permit that is issued based on the information; and

b. That he or she is subject to the penalties established in New Hampshire law for making unsworn false statements.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.03 PBF Application: Site and Contact Information {#sec-env-wq-1103.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.03}

The applicant shall provide the following information:

(a) The name of the establishment at which the PBF will be located;

(b) The street address, municipality, and zip code where the PBF will be located and the establishment’s daytime telephone number;

(c) The name, company, daytime telephone number, and email address of the primary contact for purposes of inspections, billing, and enforcement;

(d) The name, company, mailing address, email address, and daytime telephone number of:

(1) The owner of the PBF;

(2) The PBF designer;

(3) The PBF installer, if known at the time the application is submitted; and

(4) The general contractor, if applicable and known at the time the application is submitted;

(e) The name, company, NH license number, license expiration date, email address, and daytime telephone number of the professional engineer responsible for the plans;

(f) The type of PBF for which approval is being requested, and if the PBF is a special recreation pool, the type of special recreation pool;

(g) Whether the PBF will be used seasonally or year-round; and

(h) Whether the PBF will be an indoor or outdoor facility, or both.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.04 PBF Application: Specifications {#sec-env-wq-1103.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.04}

The applicant shall provide the following information regarding the pool or spa specifications:

(a) The operating volume of the pool or spa, in gallons;

(b) Materials of construction;

(c) The shape of the pool or spa and measurements, in feet and inches, of the following pool or spa dimensions:

(1) The depth from operational water level at the shallow end;

(2) The depth from operational water level at the break in depth between the shallow and deep portions of a swimming pool;

(3) The depth from operational water level at the wall of the deep end or 12 inches out from that wall, whichever is deeper;

(4) The maximum depth from operational water level at the deep end;

(5) The depth of any underwater shelves in a pool or the seat or bench in a spa;

(6) The perimeter, length, and width of the pool or spa; and

(7) For a pool, the distance from the edge of each slide to the side walls;

(d) The surface area of the pool or spa, in square feet;

(e) The slope, in feet per feet, of:

(1) The bottom of the shallow end;

(2) The transition between the shallow and deep end; and

(3) The bottom of the deep end;

(f) Details of the deck area showing compliance with Env-Wq 1108.08(b);

(g) Information on the system’s hydraulics, as follows:

(1) The designed flow rate of the circulation system in gallons per minute, which for multiple filtration systems shall represent the combined flow;

(2) A calculation of the designed turnover time, in hours, based on the operating volume of the pool or spa and the designed flow rate;

(3) Calculation of total dynamic head;

(4) The type, number, and location of water inlets;

(5) Whether skimmers will be used, and if so, the number of skimmers, with the location of skimmers shown on the plans submitted pursuant to Env-Wq 1103.06(c); and

(6) Whether there is a perimeter overflow system, also known as a gutter; and

(7) Whether a surge tank, balance tank, or collection tank is used, and if so the total capacity and operating volume of the tank in gallons;

(h) Information on submerged suction outlets, other outlets, and outlet covers, as follows:

(1) The number and location of submerged suction outlets, whether they are direct suction or indirect suction, sometimes called gravity, and the manufacturer and model of the outlets;

(2) The dimensions of each outlet, including open surface area of the cover in square inches;

(3) Maximum outlet cover rating, stated in gallons per minute, of wall outlets and of floor outlets;

(4) The calculated velocity, stated in feet per second, of water passing through each outlet cover;

(5) The diameter, in inches, and schedule of all suction outlet piping, including branch outlet piping connecting sumps, with the piping shown on the plans submitted pursuant to Env-Wq 1103.06(c); and

(6) Whether there is a dedicated vacuum line;

(i) Information on flow measurement, as follows:

(1) The flow meter manufacturer and model;

(2) The range of the flow meter; and

(3) Confirmation that vacuum and PSI gauges will be installed at the circulation pump;

(j) Information on pumps, including the number and type of pumps for filters, boosters, features, and any others, and for each:

(1) The manufacturer and model of the pump;

(2) The horsepower of the pump;

(3) The maximum pump circulation rate, in gallons per minute; and

(4) The number of suction outlets for each pump;

(k) Information on the filter system, including:

(1) The type and quantity of filter(s);

(2) The manufacturer and model of the filter;

(3) The total filter area, in square feet; and

(4) The filtration rate, in gallons per minute per square foot of filter area;

(l) Information on the disinfection system that will be used, including:

(1) The type of primary disinfection system, the type of product, and the method of delivery;

(2) The manufacturer and model of the disinfection unit and manufacturer’s specifications on the disinfection unit submitted with the plans submitted pursuant to Env-Wq 1103.06(c);

(3) The capacity of the disinfection unit, in pounds per day;

(4) For a salt disinfection unit, the number of cells, with the piping configuration if more than one being shown on the plans submitted pursuant to Env-Wq 1103.06(c);

(5) Whether the unit has an automated controller, and if so the manufacturer and model of the controller; and

(6) Whether the disinfection system is interlocked with the pump as required by Env-Wq 1109.08;

(m) Whether there is any supplemental water treatment system and if so, the type of system and manufacturer and model of the system;

(n) The type(s) of entrapment avoidance methods used, with the manufacturer and model of each device and specifications for each method submitted with the plans submitted pursuant to Env-Wq 1103.06(c); and

(o) Documentation that all components meet the requirements of Env-Wq 1108.22(a)(1), submitted with the plans provided pursuant to Env-Wq 1103.06.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.05 PBF Application: Other Required Information {#sec-env-wq-1103.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.05}

The applicant also shall provide the following information regarding pool or spa operations and safety:

(a) Information on emergency equipment, including whether there are or will be:

(1) For pools:

a. A 12-foot pole with body hook as required by Env-Wq 1107.06(a)(1);

b. A type IV rescue flotation device as required by Env-Wq 1107.06(a)(2); and

c. Whether there is or will be a rope with floats at the break point in a pool as required by Env-Wq 1108.18(f), if applicable;

(2) A first aid kit as required by Env-Wq 1107.06(a)(3);

(3) Depth markers on the deck and vertical walls as required by Env-Wq 1108.18; and

(4) For spas, a functioning clock that is visible to each spa;

(b) Information on signage, including:

(1) Whether there are or will be “No Lifeguard” signs at all points of access as required by Env-Wq 1107.02(c), if there will be no lifeguard or other individual to enforce safety standards;

(2) Whether patron safety rules are or will be posted as required by Env-Wq 1107.04(a)(2) or Env-Wq 1107.04(e)(2), as applicable;

(3) Whether there is a phone or a sign identifying the nearest location of a phone as required by Env-Wq 1107.04;

(c) For outdoor PBFs, confirmation that the security fencing and self-closing, self-latching gates meet the requirements specified in Env-Wq 1108.08(a);

(d) The anticipated maximum bather load;

(e) Information on the availability of toilet and shower facilities as specified in Env-Wq 1108.04 and Env-Wq 1108.01, respectively;

(f) Information on the water source for the PBF, including:

(1) The source of water, and whether it is a public water supply, a private groundwater supply, or surface water;

(2) If the source water is a public water supply, the name and municipality of the water supply; and

(3) Whether water service to the PBF meets the requirements of Env-Wq 1108.10;

(g) Whether sewage and other wastewater, exclusive of filter backwash and pool drainage, will be discharged into a public sewer or a subsurface disposal system approved under RSA 485-A:29-44 and Env-Wq 1000;

(h) Whether the filter will be backwashed;

(i) Confirmation that the discharge or disposal of filter backwash and pool drainage meets the requirements of Env-Wq 1109.07(g); and

(j) Information on the air-handling system to show compliance with Env-Wq 1108.21.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.06 PBF Application: Required Plans and Specifications {#sec-env-wq-1103.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.06}

The plans and specifications required by Env-Wq 1103.02(a)(2) shall:

(a) Be prepared or reviewed by a professional engineer licensed in the state of New Hampshire pursuant to RSA 310-A to confirm compliance with the design requirements of Env-Wq 1100;

(b) Be stamped by the engineer who prepared or reviewed them, which stamp shall serve to certify that the pool shown on the plans complies with the design requirements of Env-Wq 1100; and

(c) Include:

(1) A plan to scale of the layout of buildings, pool(s), spa(s), deck area, rest rooms, showers, equipment room, and location of backflow prevention and water supply;

(2) A plan to scale of the pool or spa showing all dimensions, ladders, slides, stairs, underwater shelves, benches, lights, and shut-off switches;

(3) A longitudinal section to scale of the entire pool or spa and a cross-section to scale of the deep end showing dimensions, depths, and slopes;

(4) A detailed schematic of the entire PBF piping system, with all pipe diameters shown and all piping labeled and marked to indicate the direction of water flow. including:

a. The size, location, and material of piping;

b. Configuration of wall and floor inlets, skimmers, and perimeter overflows;

c. Submerged suction outlets;

d. Surge, balance, or collection tanks;

e. Vacuum lines;

f. Hydrotherapy jets;

g. Fill spout;

h. Deck drains; and

i. Wastewater disposal;

(5) A detailed layout or schematic of the equipment room showing the location, size, material, and configuration of all exposed piping, all pumps, all filter and disinfection system components, heaters, valves, manifolds, gauges, meters, anti-entrapment devices, and all other appurtenances as applicable, with all components labeled, pipe diameters noted, and all piping labeled and marked to indicate direction of water flow.

(6) Cut sheets for all equipment showing that all components are certified to NSF/ANSI 50 requirements as required by Env-Wq 1108.22(a)(1);

(7) Specifications of the pump, including a pump performance curve showing gallons per minute versus total dynamic head to show that the maximum flow rate of the pump allowing for total dynamic head does not exceed the rating of the main drain cover/grate;

(8) Specifications of the filtration components, disinfection components including automated controllers, and anti-entrapment system components; and

(9) Documentation showing that the discharge site for any outdoor shower or filter backwash discharge is approved by the department as required by Env-Wq 1109.07(g).

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.07 Application for Approval of Designated Beach or Flow-through Bathing Place {#sec-env-wq-1103.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.07}

The information required by Env-Wq 1103.02(c)(1) for approval of a designated beach or flow-through bathing place shall be as follows:

(a) The name of the waterbody where the beach or flow-through bathing place will be located;

(b) The street address and latitude/longitude of the proposed beach or flow-through bathing place;

(c) The municipality where the beach or flow-through bathing place will be located; and

(d) The name, mailing address, and daytime telephone number of:

(1) The owner of the beach or flow-through bathing place; and

(2) The contractor, if known at the time the application is filed.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.08 Specifications and Dimensions for Designated Beaches or Flow-through Bathing Places {#sec-env-wq-1103.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.08}

The specifications required by Env-Wq 1103.02(c)(3) shall be as follows:

(a) Measurements of:

(1) Shore frontage of beach or access to flow-through bathing place, in feet;

(2) Width of beach or access to flow-through bathing place, in feet; and

(3) The surface area of the beach or access to flow-through bathing place, in square feet;

(b) The maximum water depth, in feet, at the edge of the swimming area or at the float line;

(c) The surface area of the swimming area, in square feet;

(d) The maximum expected bather load and whether the beach or flow-through bathing place will have one or more lifeguards; and

(e) Information on how construction of the beach or access to flow-through bathing place will comply with RSA 482-A, Dredge and Fill in Wetlands, and RSA 483-B, the Shoreland Water Qualify Protection Act.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.09 Other Required Information for Designated Beach or Flow-through Bathing Place Application {#sec-env-wq-1103.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.09}

The information required by Env-Wq 1103.02(c)(2) shall be as follows:

(a) The location of the nearest toilet facilities per Env-Wq 1108.04, if any;

(b) Information on the water quality for the swimming area, including a copy of a recent bacterial analysis and the location of any water inlets, point discharges, and non-point sources of pollution; and

(c) Information on the height, location, and material of the security fencing, if any.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.10 Plans Required for Designated Beach or Flow-through Bathing Place Application {#sec-env-wq-1103.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.10}

The plans required by Env-Wq 1103.02(c)(3) shall be as follows:

(a) A simple layout to scale or with dimensions shown of the buildings, beach area, toilets, if any, and location of the potable water supply, if any; and

(b) A plan drawn to scale showing the swimming area dimensions including depth.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.11 Review of Applications {#sec-env-wq-1103.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.11}

(a) Upon receiving a complete application package as specified in Env-Wq 1103.02, the department shall review the application.

(b) The department shall approve the proposed public bathing place if the department determines that the proposed public bathing place has been designed so as to comply with the applicable design standards of this chapter.

(c) The department shall inform the applicant of its decision in writing. If the application is denied, the decision shall state the reason(s) for the denial.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.12 Pre-operational Inspection Required for Public Bathing Facilities {#sec-env-wq-1103.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.12}

(a) The owner of a public bathing facility (PBF) shall not open the PBF for public use prior to the PBF being inspected by the department to determine compliance with this chapter if it is:

(1) A newly-constructed PBF; or

(2) An existing PBF that has been closed for 12 months or longer.

(b) The PBF owner shall contact the department to schedule the inspection required by (a), above.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.13 Transfer of PBF Ownership: Responsibilities of Prior Owner {#sec-env-wq-1103.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.13}

(a) If ownership of a PBF is transferred, the owner of the PBF prior to the transfer, hereinafter the “prior owner”, shall submit the notification required by (b), below, in writing to the department within 10 working days prior to the anticipated date of transfer.

(b) The notice required by (a), above, shall include the following information:

(1) The full legal name and mailing address of the prior owner;

(2) The name, title, daytime telephone number, and email address, if any, of an individual who has been authorized by the prior owner to file the notice and otherwise communicate with the department regarding the notice and the PBF;

(3) The number and date of the approval issued by the department for the plans and specifications for the PBF, if the PBF was approved pursuant to RSA 485-A:26 or predecessor authority;

(4) If plans and specifications for the PBF were not approved pursuant to RSA 485-A:26 or predecessor authority, the month and year the PBF was constructed;

(5) The location of the PBF, including the name of the establishment at which the PBF is located and the street address, including municipality;

(6) The name and mailing address of the person to whom ownership is being transferred; and

(7) The anticipated date of transfer.

(c) The notice required by (a), above, shall be signed and dated as follows:

(1) If the prior owner is an individual, the individual shall sign and date the notice; and

(2) If the prior owner is other than an individual, the owner shall authorize an official of the owner to sign the notice, and the authorized individual shall sign and date the notice and print or type his or her name and title.

(d) The signature provided pursuant to (c), above, shall constitute certification that:

(1) The information provided in the notice is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that he or she is subject to the penalties specified in New Hampshire law for falsification in official matters.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.14 Transfer of PBF Ownership: Responsibilities of New Owner {#sec-env-wq-1103.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.14}

(a) If ownership of a PBF is transferred, the owner of the PBF subsequent to the transfer, hereinafter the “new owner”, shall submit the information required by (b), below, in writing to the department within 10 working days after the transfer.

(b) The notice required by (a), above, shall include the following information:

(1) The full legal name and mailing address of the new owner;

(2) The name, title, daytime telephone number, and email address, if any, of an individual who has been authorized by the new owner to file the notice and otherwise communicate with the department regarding the notice and the PBF;

(3) The location of the PBF, including the name of the establishment at which the PBF is located and the street address, including municipality;

(4) The business identification number assigned to the new owner by the New Hampshire secretary of state; and

(5) The date ownership was transferred to the new owner.

(c) The notice required by (a), above, shall be signed and dated as follows:

(1) If the new owner is an individual, the individual shall sign and date the notice; and

(2) If the new owner is other than an individual, the owner shall authorize an official of the owner to sign the notice, and the authorized individual shall sign and date the notice and print or type his or her name and title.

(d) The signature provided pursuant to (c), above, shall constitute certification that:

(1) The information provided in the notice is true, complete, and not misleading to the knowledge and belief of the signer;

(2) The signer understands that he or she is subject to the penalties specified in New Hampshire law for falsification in official matters; and

(3) The new owner:

a. Has obtained and reviewed a copy of Env-Wq 1100; and

b. Agrees to comply with all applicable requirements.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1103.15 Suspension or Revocation of Approvals {#sec-env-wq-1103.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1103.15}

(a) Upon finding that information submitted as part of an application for which an approval has been issued is incorrect, misleading, incomplete, or otherwise deficient, the department shall proceed in accordance with this section.

(b) The department shall initiate an action to suspend or revoke the approval pursuant to RSA 541-A:30, II, RSA 541-A:31, and the provisions of Env-C 200 applicable to adjudicative proceedings.

(c) The notice issued to initiate the action shall inform the owner:

(1) That the department is proposing to suspend or revoke the approval;

(2) Of the grounds on which the department’s proposed action is based; and

(3) Of the deadline for requesting a hearing at which the owner may show cause why the approval should not be suspended or revoked.

(d) The department shall suspend the approval if the department determines, as a result of the proceeding initiated under (b), above, that:

(1) The deficient information was submitted inadvertently or negligently; and

(2) 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 owner can correct the deficiencies that formed the basis for the suspension; and

(2) Notify the owner that if the deficiencies are not corrected within the time specified, the approval shall 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 permit holder submitted deficient information with the intent to mislead or to avoid one or more requirements of the statute or rules; or

(2) 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 owner. If the approval is suspended or revoked, the decision shall specify the reason(s) for the decision.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

Part Env-Wq 1104 Registration

N.H. Code Admin. R. Ann. Env-Wq 1104.01 PBF Registration and Notification of Closure Required {#sec-env-wq-1104.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1104.01}

(a) As specified in RSA 485-A:26, II(b), effective January 1, 2020 no person shall operate or maintain a PBF unless the facility is registered with the department.

(b) As provided in RSA 485-A:26, II(d):

(1) The registration shall be valid for the life of the facility; and

(2) The owner of a PBF that has closed shall notify the department of the closure in writing within 30 days of the closure.

(c) After closure, the registration shall no longer be valid.

(d) If the PBF owner wishes to re-open a PBF that has closed, the owner shall submit a new registration prior to re-opening the PBF.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1104.02 Process for Public Bathing Facility Registration {#sec-env-wq-1104.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1104.02}

(a) To register a PBF, the owner or the owner’s duly-authorized agent shall submit to the department a completed “PBF Registration Form”, NHDES-W-07-088, February 2021, available via the department’s website at www.des.nh.gov, that:

(1) Contains the information specified in Env-Wq 1104.03;

(2) Is complete, correct, and not misleading; and

(3) Is signed as specified in (c) and (d), below.

(b) The registrant shall submit the registration to the department via an electronic portal, which when available will be accessible via www.des.nh.gov, or at the following address:

DES Water Division

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

Attn: PBF Program Manager

(c) The registrant and the owner, if other than the registrant, shall sign and date the registration.

(d) Each signature shall constitute certification 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 denying the registration or suspending any registration that is issued based on the information; and

b. The signer is subject to the penalties established in New Hampshire law for falsification in official matters, currently in RSA 641.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1104.03 Information Required for PBF Registration {#sec-env-wq-1104.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1104.03}

The registration required by RSA 485-A:26, II(b) shall include the following the information:

(a) The site and contact information identified in Env-Wq 1104.04;

(b) The specifications identified in Env-Wq 1104.05; and

(c) The additional information identified in Env-Wq 1104.06.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1104.04 PBF Registration: Site and Contact Information {#sec-env-wq-1104.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1104.04}

The site and contact information required by Env-Wq 1104.03(a) shall be as follows:

(a) Information on the PBF and the establishment at which the PBF is located, as follows:

(1) The establishment’s name;

(2) The establishment’s location by street address, municipality, and zip code;

(3) The establishment’s mailing address including municipality and zip code; and;

(4) The establishment’s daytime telephone number;

(b) The name, company, daytime telephone number, and email address of the primary contact for purposes of inspections, billing, and enforcement;

(c) The name, company, mailing address, email address, and daytime telephone number of the owner of the PBF;

(d) The name, company, mailing address, email address, and daytime telephone number of each pool operator at the establishment, if known at the time of registration, and beginning with any registrations filed after January 1, 2022, the training provider and certification number of each certified pool operator; and

(e) Identification of each PBF at the establishment, and for each the following:

(1) The file identification number assigned by the department, which can be obtained via the department’s website at www.des.nh.gov;

(2) The name by which the PBF is identified, such as “Family Pool”, “Resort Pool”, “Outdoor Spa”, and the like;

(3) Whether the PBF is a swimming pool, wading pool, therapy pool, special recreation pool, or spa, and if a special recreation pool, the type of pool;

(4) Whether the PBF is indoor, outdoor, or both, and if outdoor, whether there is a full enclosure with gate that meets the requirements of Env-Wq 1108.08(a);

(5) Whether use of the PBF is seasonal or year-round;

(6) The year the PBF was constructed, if known; and

(7) The year of the most recent renovation, if applicable, and whether the renovation was cosmetic or repair of the plumbing or drainage system and whether the pump, filter, or disinfection system was replaced.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1104.05 PBF Registration: Specifications {#sec-env-wq-1104.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1104.05}

The information required by Env-Wq 1104.03(b) shall be as follows for each PBF at the establishment:

(a) The operating volume of the PBF, in gallons;

(b) The materials of construction for the PBF;

(c) The shape of the PBF;

(d) The following depths and dimensions, measured in feet:

(1) Depth from operational water level at the shallow end;

(2) Depth from operational water level at the breakpoint between the shallow and deep end;

(3) Maximum depth from operational water level;

(4) Perimeter length and length(s) and width(s) of sides; and

(5) For spas, the spa body dimensions and the dimensions of the spa foot-well;

(e) Surface area, in square feet;

(f) Bather load;

(g) The most recent flow rate measured from the flow meter, in gallons per minute (GPM);

(h) The turnover time in hours;

(i) The number of water inlets on the wall and the number of water inlets on the floor;

(j) Whether a gutter or perimeter overflow system or skimmers are used, and if skimmers are used, the number of skimmers;

(k) The following information on suction outlets:

(1) The total number of submerged suction outlets;

(2) The location of each suction outlet, such as on the pool floor or sidewall;

(3) Whether the suction outlet cover or grate is VGBA approved;

(4) Whether the outlets are direct suction or indirect suction, sometimes called gravity;

(5) The date of most recent replacement of suction outlet cover; and

(6) Whether there is a dedicated vacuum line;

(l) Information on pumps, as follows:

(1) The type of pump and how many of each type there are;

(2) The manufacturer and model of the pump;

(3) The horsepower of the pump; and

(4) The number of outlets per pump;

(m) Information on the filter system, as follows:

(1) The type of filter and the number of each type;

(2) The manufacturer and model of the filter; and

(4) The total effective filter area, in square feet;

(n) Whether entrapment avoidance devices are used and if so, whether it is a safety vacuum release system (SVRS) or automatic shut-off and the manufacturer and model of the device; and

(o) Information on the disinfection system, as follows:

(1) Whether the primary disinfection is chlorination or bromination and the type of product used;

(2) The delivery method for the disinfection;

(3) The manufacturer and model of the disinfection unit;

(4) If a salt disinfection system is used, provide the number of cells and confirm that the system incorporates an automated pH control system as required by Env-Wq 1109.08(d)(1) and provide the manufacturer and model of the controller;

(5) Confirmation that the disinfection system is wired such that the chemical feed equipment cannot operate when circulation flow stops as required by Env-Wq 1109.08(g)(2); and

(6) Whether there is supplemental water treatment, and if so the type of disinfection and the manufacturer and model of the unit.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1104.06 PBF Registration: Additional Information {#sec-env-wq-1104.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1104.06}

The additional information required by Env-Wq 1104.03(c) shall be as follows:

(a) Whether the water used in the PBF is from a public water system, private well, or surface water;

(b) If the source is a public water system, the name and location of the public water supply;

(c) Whether sewage and other wastewater, exclusive of filter backwash and pool drainage, are discharged into a public sewer or a subsurface disposal system approved under RSA 485-A:29-44 and Env-Wq 1000; and

(d) Whether the filter is backwashed, and if so, confirmation that the discharge or disposal meets the requirements of Env-Wq 1109.07(g).

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1104.07 Acceptance of Registrations {#sec-env-wq-1104.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1104.07}

(a) Upon receipt of a registration, the department shall determine whether the registration contains the information required by Env-Wq 1104.03 and is signed as required by Env-Wq 1104.02(c).

(b) If the registration contains the information required by Env-Wq 1104.03 and is signed as required by Env-Wq 1104.02(c), the department shall accept the registration.

(c) If the registration does not contain the information required by Env-Wq 1104.03 or is not signed as required by Env-Wq 1104.02(c), or both, the department shall return the registration to the registrant with a notice of what is needed to complete the registration.

(d) The owner of a PBF for which a registration was returned pursuant to (c), above, shall not be in compliance with RSA 485-A:26, II(b) unless and until a completed, signed registration is filed with the department.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1104.08 Suspension or Revocation of Registrations {#sec-env-wq-1104.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1104.08}

(a) Upon finding that information submitted to register a PBF is incorrect or misleading in any material aspect, the department shall proceed in accordance with this section.

(b) The department shall notify the owner in writing:

(1) Of the specific information that appears to be incorrect or misleading; and

(2) That the owner has 10 days from the date of the notice to submit a new registration as specified in Env-Wq 1104.02 that is correct and not misleading.

(c) If the owner does not submit a new registration that complies with Env-Wq 1104.02(a) within 10 days of the date of the notice sent pursuant to (b), above, the department shall initiate an action to suspend the registration pursuant to RSA 541-A:30, II, RSA 541-A:31, and the provisions of Env-C 200 applicable to adjudicative proceedings.

(d) The notice issued to initiate the action shall inform the owner:

(1) That the department is proposing to suspend the registration;

(2) Of the grounds on which the department’s proposed action is based; and

(3) Of the deadline for submitting:

a. A registration that complies with Env-Wq 1104.02(a); or

b. A request for a hearing at which the owner may show cause why the registration is correct and not misleading.

(e) If the owner requests a hearing instead of submitting a registration that complies with Env-Wq 1104.02(a), the department shall suspend the registration if the department determines, as a result of the proceeding initiated under (c), above, that the information submitted was incorrect or misleading in any material aspect.

(f) If the department suspends the registration, the decision issued pursuant to (h), below, shall:

(1) Specify a reasonable time in which the owner may correct the deficiencies that formed the basis for the suspension; and

(2) Notify the owner that if the deficiencies are not corrected within the time specified, the registration shall be revoked.

(g) A decision to suspend a registration pending receipt of correct, complete, and not misleading information shall not be a final decision from which an appeal may be taken.

(h) The department shall issue a written decision to the owner.

(i) If the registration is suspended, the decision shall:

(1) Specify the reason(s) for the decision;

(2) Specify the deadline for submitting a registration that complies with Env-Wq 1104.02(a); and

(3) Explain that if a registration that complies with Env-Wq 1104.02(a) is not submitted by the deadline, the registration shall be revoked.

(j) The owner of a PBF for which a registration was suspended or revoked pursuant to this section shall not be in compliance with RSA 485-A:26, II(b) unless and until a registration that complies with Env-Wq 1104.02(a) is filed with the department.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

Part Env-Wq 1105 Pbf Self-Certification of Compliance

N.H. Code Admin. R. Ann. Env-Wq 1105.01 Self-Certification Declaration for PBFs Required {#sec-env-wq-1105.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1105.01}

As specified in RSA 485-A:26-a:

(a) The owner of a PBF that is open for 9 months or more in a calendar year shall submit a self-certification declaration to the department within 60 days of January 1, 2021 and annually prior to March 2nd thereafter, stating that each PBF at the establishment is in compliance with all applicable requirements of RSA 485-A:26 and Env-Wq 1100; and

(b) The owner of a PBF that is open fewer than 9 months in a calendar year shall submit to the department, prior to opening in 2021 and annually prior to opening thereafter, a self-certification declaration stating that each pool at the facility is in compliance with all applicable requirements of RSA 485-A:26 and Env-Wq 1100.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1105.02 Self-Certification Declaration {#sec-env-wq-1105.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1105.02}

(a) Each owner required to submit a self-certification declaration for a PBF shall submit to the department:

(1) A “PBF Self-Certification Declaration”, NHDES-W-07-048, February 2021, available via the department’s website at www.des.nh.gov, that contains:

a. The site and contact information specified in Env-Wq 1105.03;

b. The information and declarations as to specifications identified in Env-Wq 1105.04 for each PBF covered by the self-certification;

c. The information and declarations as to safety identified in Env-Wq 1105.05 for each PBF covered by the self-certification; and

d. The declarations as to water quality and testing specified in Env-Wq 1105.06 for each PBF covered by the self-certification;

(2) The signatures and certifications required by (c) and (d), below;

(3) The fee required by RSA 485-A:26-a, IV; and

(4) For declarations submitted on or after January 1, 2022, a statement that each PBF is operated under the supervision of a certified pool operator.

(b) The certifier shall submit the materials requested by (a), above, to the department using an electronic portal, which when available will be accessible via www.des.nh.gov, or, if an electronic portal is not available, at the following address:

DES Water Division

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

Attn: PBF Program Manager

(c) The owner and the individual completing the declaration, if other than the owner, shall sign and date the self-certification declaration form.

(d) Each signature shall constitute certification 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 refusing to accept the declaration; and

b. The signer is subject to the penalties established in New Hampshire law for falsification in official matters.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1105.03 Self-Certification Declaration: Site and Contact Information {#sec-env-wq-1105.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1105.03}

The site and contact information required by Env-Wq 1105.02(a)(1)a. shall be as follows:

(a) The name of the establishment at which the PBF is located;

(b) The location, by street address, municipality, and zip code where the PBF is located and the establishment’s mailing address;

(c) The name, company, daytime telephone number, and email address of the primary contact for purposes of inspections, billing, and enforcement;

(d) The name, company, mailing address, email address, and daytime telephone number of the owner of the PBF;

(e) Whether there has been a change in ownership or primary contact since the prior self-certification;

(f) Beginning with the self-certification filed in 2022 and annually thereafter, the following:

(1) The number of certified pool operators (CPO); and

(2) For each CPO, the individual’s name, company if any, mailing address, email address, daytime telephone number, training provider, certificate number, and certificate expiration date; and

(g) A list of each PBF at the establishment for which the declaration is being submitted, and for each:

(1) The PBF file identification number, obtained from the department via its website at www.des.nh.gov;

(2) The name used to identify the PBF, such as “Family Pool”, “Resort Pool”, “Outdoor Spa”, or the like;

(3) Whether the PBF is an indoor or outdoor facility, or both; and

(4) Whether the PBF is operated seasonally or year-round; and

(h) Whether there has been any change in the anticipated bather load, and if so, whether it has increased or decreased.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1105.04 Self-Certification Declaration: Specifications {#sec-env-wq-1105.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1105.04}

(a) The information and declarations required by Env-Wq 1105.02(a)(1)b. shall be as follows:

(1) Information on the disinfection system that is used, including:

a. The type of disinfection system;

b. The specific disinfection product used and the method of delivery used, such as erosion, positive displacement, or salt ECG;

c. Whether the disinfection system uses a timer;

d. Whether the disinfection system includes an automated chemical controller; and

e. Whether the disinfection unit is interlocked with the pump system as required by Env-Wq 1109.08(g)(2);

(2) Declarations that:

a. The disinfection system is being maintained and is functioning as intended or, if not, the date by which repairs or other actions will be taken to correct the problems; and

b. No hand-feeding of disinfection chemicals is being done while patrons are using the PBF;

(3) The type of pumps used, and the following information on each type of pump:

a. The number of pumps;

b. The most recent flow rate measured from the flow meter, in gallons per minute; and

c. For each pool or spa system, the turnover time in hours and minutes, calculated as the operating volume in gallons divided by the flow rate in gallons per minute divided by 60 minutes per hour;

(4) A declaration that all pumps are being maintained and are functioning as intended or, if not, the date by which repairs or other actions will be taken to correct the problem;

(5) Information on the filter system, including:

a. The type(s) of filter(s) and the number of each type;

b. The effective filter area, in square inches; and

c. The frequency of backwash or filter element cleaning;

(6) A declaration that the filter system is being maintained and is functioning as intended or, if not, the date by which repairs or other actions will be taken to correct the problem;

(7) Information on water inlets, suction outlets, skimmer or gutter systems, and equalizer lines, as follows:

a. Whether all water inlets are functioning and whether all wall inlets are adjustable to allow for changes in direction of flow as required by Env-Wq 1109.03(h);

b. Whether all suction outlets are functioning and have covers that meets applicable requirements, including that they cannot be removed without using tools and are not broken, loose, or missing;

c. Whether a skimmer system is being used, and if so, whether all skimmers are functioning with functioning weir flaps;

d. Whether there are any skimmer equalizer lines, and if so whether they have been permanently disabled or covered with a cover that meets applicable requirements;

e. Whether a perimeter overflow system, also known as a gutter system, is being used, and if so whether it is functioning according to its design; and

f. Whether any inlets, skimmers, skimmer equalizers, or suction outlets have been repaired, retrofitted, added, or disabled since the last self-certification declaration, and if so:

1. For new equipment, the date of installation, the manufacturer and model, and whether the equipment was installed according to its manufacturer’s specifications; and

2. For all other modifications, the date of the modification and a description of the modification;

(8) A declaration that the water inlets, suction outlets, skimmer or gutter system, and equalizer lines are functioning as intended and all suction outlet covers are approved and installed according to manufacturer’s specifications or, if not, the date by which repairs or other actions will be taken to correct the problem(s);

(9) Information on entrapment avoidance devices, as follows:

a. Whether a safety vacuum release system (SVRS) or automatic pump shut-off is used on any pump system, and if so, the following:

1. The manufacturer and model of the device;

2. Whether the device is installed according to the manufacturer’s specifications;

3. Whether all devices are functioning; and

4. The most recent date each device was tested;

(10) A declaration that each entrapment avoidance device is functioning as intended or, if not, the date by which repairs or other actions will be taken to correct the problem(s);

(11) Information on piping, as follows:

a. Whether all pipes are correctly labeled and color coded based on their purpose; and

b. Whether all visible pipes have arrows indicating flow direction; and

(12) A declaration that all pipes are correctly colored and marked or, if not, the date that repairs or other actions necessary to correct the problem(s) will be taken.

(b) If any of the equipment identified in (a), above, has changed from the previous self-certification, the owner shall provide the following information for each new item:

(1) The date of the installation;

(2) The manufacturer and model number for the equipment; and

(3) Whether the equipment was installed according the manufacturer’s instructions.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1105.05 Self-Certification Declaration: Safety {#sec-env-wq-1105.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1105.05}

(a) The compliance information and declarations required by Env-Wq 1105.02(a)(1)c. shall be as follows:

(1) Safety rules for patrons are posted conspicuously in each pool area and in each spa area;

(2) A telephone or radio capable of reaching emergency services is within 200 feet of pool or spa, or signs are posted that identify the location of the emergency phone if phone is not in pool area;

(3) A functioning clock is visible from each spa;

(4) The following items are present:

a. For pools, a 12-foot-long pole with a body hook affixed;

b. For pools, a type IV throwable rescue flotation device; and

c. For all PBFs, a first aid kit;

(5) The showers are functioning and each has a working mixing valve as required by Env-Wq 1108.01;

(6) Toilets are provided as required by Env-Wq 1108.04;

(7) Trash receptacles are located in toilet areas and bathing areas;

(8) If towels are provided, they are washed and dried after each use and stored in a sanitary location;

(9) If dressing rooms are provided, the rooms:

a. Are kept free of visible dirt and debris; and

b. Have trash receptacles;

(10) The security wall or fencing surrounding outdoor PBFs is at least 4 feet high, includes at least one gate, and completely encloses the PBF; and

(11) Gates to the outdoor PBF area:

a. Are at least 4 feet high, self-closing, and self-latching;

b. Open outward; and

c. Can be locked.

(b) If a declaration cannot truthfully be made that one or more of the items listed in (a), above, meets the applicable requirement, the individual completing the self-certification declaration shall identify the item and provide the date by which the requirement(s) will be met.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1105.06 Self-Certification Declaration: Water Quality and Testing {#sec-env-wq-1105.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1105.06}

(a) The compliance information and declarations required by Env-Wq 1105.02(a)(1)d. shall be as follows:

(1) No issues or problems have been experienced with water chemistry, clarity, foaming, or algae, or, if problems have arisen, the proper methods of bringing the PBF back into compliance, such as shocking, were used;

(2) The PBF is maintaining the bacteriological and chemical/physical standards set forth in Env-Wq 1108.12 and Env-Wq 1108.13, respectively;

(3) The water quality test kit and reagents being used meet the requirements of Env-Wq 1107.01; and

(4) Daily logs are being completed that demonstrate the PBF is tested every 4 hours of operation and maintaining the department’s water quality standards.

(b) If a declaration cannot truthfully be made that one or more of the items listed in (a), above, meets the applicable requirement, the individual completing the self-certification declaration shall identify each item and provide the date by which the requirement(s) will be met.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

Part Env-Wq 1106 Certified Pool Operator Training Requirement

N.H. Code Admin. R. Ann. Env-Wq 1106.01 Certified Pool Operator (CPO) Responsibilities {#sec-env-wq-1106.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1106.01}

(a) Pursuant to RSA 485-A:27-a, each PBF shall have a certified pool operator (CPO) no later than January 1, 2022.

(b) A CPO may be the owner or duly-authorized designee, an employee of the establishment where the PBF is located, or a contracted vendor.

(d) The CPO shall be responsible for training on-site personnel in the basic operation of the PBF, including but not limited to water testing and record keeping, water clarity, handling sanitizers, pool rules, hours of operation, and pool closure procedures.

(e) The CPO shall:

(1) Personally visit the PBF not less frequently than once per week to ensure the pool is being operated in a safe and sanitary manner; and

(2) Be available by telephone to on-site personnel whenever not personally present.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1106.02 CPO Training Required {#sec-env-wq-1106.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1106.02}

(a) As provided in RSA 485-A:27-a, successful completion of the certified pool and spa operator certification program offered by the Association of Pool and Spa Professionals or National Swimming Pool Foundation shall qualify an individual as a CPO.

(b) Successful completion of the certified pool and spa operator certification program offered by the following also shall qualify an individual as a CPO:

(1) Pool & Hot Tub Alliance; and

(2) Any training program approved by the department pursuant to Env-Wq 1106.04.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1106.03 Application for Certification Program Approval {#sec-env-wq-1106.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1106.03}

An organization seeking approval of a certified pool and spa operator certification program shall apply by submitting the following using an electronic portal, which when available will be accessible via www.des.nh.gov, or in writing to the department:

(a) A description of the organization, including:

(1) The organization’s name, mailing address, email address, and daytime telephone number;

(2) The legal form of the organization, such as a corporation, limited liability corporation, partnership, etc.; and

(3) If the organization is required by RSA 292, RSA 293, RSA 293-A, or other applicable provisions of New Hampshire law to register with the New Hampshire secretary of state, proof of being registered and in good standing to do business in New Hampshire;

(b) The name, mailing address, email address, and daytime telephone number of an individual at the organization who can be contacted regarding the application;

(c) A list of courses to be offered; and

(d) A complete description of each course for which the organization is seeking approval, including:

(1) The name of the course;

(2) The name and qualifications of each individual who will present the course;

(3) The length of time attendees of the course will be under direct supervision of the instructor;

(4) A syllabus for the course and the written materials to be used in the course;

(5) A demonstration of how the proposed course complies with Section 6.1 of the Model Aquatic Health Code, 3rd edition, 2018, available as noted in Appendix B; and

(6) The type of test to be offered at the end of the course to evaluate whether attendees have obtained the knowledge required by Env-Wq 1100.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1106.04 Approval of Training Program {#sec-env-wq-1106.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1106.04}

(a) The department shall review information submitted pursuant to Env-Wq 1106.03 within 30 days of receipt.

(b) The department shall approve the proposed training program if the information submitted demonstrates that the proposed training program meets the standards of Section 6.1 of the Model Aquatic Health Code, 3rd edition, 2018, available as noted in Appendix B. For purposes of this section, training programs offered by the Association of Pool and Spa Professionals, National Swimming Pool Foundation, or Pool & Hot Tub Alliance shall be deemed to meet this requirement.

(c) The department shall notify the applicant in writing of its decision. If the application is denied, the decision shall specify the reason(s) for the denial.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

Part Env-Wq 1107 Testing, Supervision, and Safety

N.H. Code Admin. R. Ann. Env-Wq 1107.01 PBF Testing and Recordkeeping Requirements {#sec-env-wq-1107.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1107.01}

(a) The pool operator shall conduct tests for disinfectant residual and pH prior to opening the PBF to the public and every 4 hours during operation.

(b) If an oxidation-reduction potential (ORP) controller is used, it shall not be relied upon as a method for measuring the concentration of sanitizer in the water.

(c) The pool operator shall use a water quality testing kit with unexpired reagents, such as diethylphenylene diamine (DPD) and phenol red, capable of testing for pH and free and total chlorine or total bromine. The method used in determining the free available chlorine shall be such that the combined chlorine or other oxidizers that might be present in the pool do not affect the determination.

(d) The pool operator shall test a heated pool or spa for temperature prior to use and every 4 hours during operation.

(e) The pool operator shall conduct each test:

(1) At each end of a PBF that is 10,000 gallons or greater; and

(2) At one location in a PBF that is less than 10,000 gallons.

(f) The pool operator shall:

(1) Maintain dated daily logs for each PBF at the establishment for a rolling 12-month period; and

(2) Make the records available to the department and patrons of the PBF upon request.

(g) The pool operator shall record the following on the daily log:

(1) The results of the inspection of the cover/grate required by Env-Wq 1107.07(a);

(2) The results of all tests conducted pursuant to (a) through (d), above;

(3) Each time that the filter is backwashed or the cartridge filter is replaced;

(4) Each time that a spa is emptied and cleaned;

(5) Each operational problem, together with a description of all actions taken to address the problem; and

(6) The time of each fecal or vomit accident, together with a description of all actions taken to address the accident.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1104.01)

N.H. Code Admin. R. Ann. Env-Wq 1107.02 PBF Supervision {#sec-env-wq-1107.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1107.02}

(a) The owner shall allow public use of a PBF only when a pool operator is available to respond to equipment malfunctions and other emergencies within 20 minutes of being notified by patrons or the owner of the malfunction or emergency.

(b) The pool operator designated by the owner pursuant to (a), above, shall:

(1) Maintain the quality of the water at the facility;

(2) Have access to and be knowledgeable of the PBF circulation and disinfection systems; and

(3) As of January 1, 2022, either:

a. Be a CPO; or

b. Be trained and supervised by a CPO.

(c) If a lifeguard or other individual to enforce safety standards will not be present at a PBF, the owner shall post a sign at all access points notifying patrons of the absence of a lifeguard.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1104.02)

N.H. Code Admin. R. Ann. Env-Wq 1107.03 Testing and Supervision at Other Public Bathing Places {#sec-env-wq-1107.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1107.03}

(a) The pool operator of a common interest bathing facility that uses automated chemical controllers for both pH and disinfectant shall test for temperature, disinfectant residual, and pH at least once a day.

(b) The pool operator of a common interest bathing facility that does not use automated chemical controllers shall test for temperature, pH, and disinfectant residual prior to opening the PBF and every 4 hours during operation.

(c) If a common interest bathing place is not monitored by a lifeguard or pool operator, the owner(s) shall post a sign at all access points notifying patrons of the absence of a lifeguard or pool operator, as applicable.

(d) If a designated beach or flow-through bathing place is not monitored by a lifeguard, the owner shall post a sign at all access points notifying patrons of the absence of a lifeguard.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1104.03)

N.H. Code Admin. R. Ann. Env-Wq 1107.04 PBF Safety {#sec-env-wq-1107.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1107.04}

(a) The owner of an establishment that has a swimming pool shall:

(1) Develop and adopt safety rules for patrons of the pool; and

(2) Post conspicuously-displayed signs informing patrons of the safety rules.

(b) The rules and signs required by (a), above, shall include the following:

(1) Patrons with any communicable disease shall not enter the pool;

(2) Patrons shall not discharge any bodily fluids into the pool;

(3) Patrons shall not bring or throw into the pool any object that may in any way carry contamination or otherwise endanger the safety of bathers;

(4) Patrons shall not spit in or in any other way contaminate the water, floors, walkways, aisles, or dressing rooms associated with the pool;

(5) Bathers shall take a cleansing shower before entering the pool;

(6) Patrons shall not run or engage in boisterous rough play in the pool or on the deck or walkways around the pool or in the bathhouse associated with the pool;

(7) Patrons shall not bring food or drink into the pool or within 4 feet of its edge;

(8) Patrons shall not have glass containers in the pool or on the deck or in the bathhouse associated with the pool; and

(9) Any additional rules developed by the establishment’s management.

(c) The owner of an establishment shall ensure that a telephone or radio capable of reaching emergency services is located within 200 feet of any pool or spa at the establishment.

(d) The signs required by (a), above, and (e), below, shall provide the location of the telephone or radio required by (c), above.

(e) The owner of an establishment that has a spa shall:

(1) Develop and adopt safety rules for patrons of the spa; and

(2) Post conspicuously-displayed signs informing patrons of the safety rules.

(f) The rules and signs required by (e), above, shall include the following:

(1) Patrons shall not use a public spa alone unless permitted by the pool operator or owner;

(2) Patrons shall not use a public spa if under the influence of alcohol, anticoagulants, antihistamines, vasoconstrictors, vasodilators, stimulants, hypnotics, narcotics, or tranquilizers;

(3) Patrons who are elderly, pregnant, or suffering from heart disease, diabetes, or high or low blood pressure shall not use a public spa without obtaining permission from their physician;

(4) Unsupervised children under 14 years of age shall not use a public spa;

(5) Bathers shall not use body oils or lotions; and

(6) Any additional rules developed by the establishment’s management.

(g) A functioning clock shall be visible from all public spas.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1104.04)

N.H. Code Admin. R. Ann. Env-Wq 1107.05 Safety at Other Public Bathing Places {#sec-env-wq-1107.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1107.05}

(a) If the owner of a common interest bathing place, designated beach, or flow-through bathing place has developed safety rules, the owner shall post conspicuously-displayed notices informing patrons of the safety rules developed by the owner.

(b) The owner of a common interest bathing place, designated beach, or flow-through bathing place shall ensure that:

(1) A telephone or radio capable of reaching emergency services is located within 200 feet of the water; or

(2) If a telephone or radio capable of reaching emergency services is not located within 200 feet of the water, then a sign is posted informing patrons of the location of the nearest public telephone or radio capable of reaching emergency services.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1104.05)

N.H. Code Admin. R. Ann. Env-Wq 1107.06 Emergency Rescue Equipment for All Public Bathing Places {#sec-env-wq-1107.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1107.06}

(a) Subject to (b), below, the owner of a PBF shall provide the following emergency rescue equipment at the PBF:

(1) A light, strong pole not less than 12 feet long to which a body hook has been affixed;

(2) A Type IV throwable rescue flotation device approved by the United States Coast Guard and capable of supporting an adult, with an attached throwing/retrieval line which shall be a rope at least one-quarter inch in diameter and one-half the maximum width of the pool or 50 feet in length, whichever is less; and

(3) A first aid kit stocked for treatment of common pool-related injuries, which at a minimum shall contain the following:

a. Impermeable, unused, and disposable latex-free medical gloves;

b. Materials to control bleeding and to clean or cover minor cuts and abrasions; and

c. A personal resuscitation mask or shield for performing rescue breathing.

(b) If the owner of a PBF that does not have a first aid kit meeting (a)(3), above, is a political subdivision and its local legislative body has not voted or does not vote to approve funding for the first aid kit required by (a)(3), above, and the first aid kit is not fully funded by the state, the owner shall not be required to provide the first aid kit.

(c) The owner of a common interest bathing place or flow-through bathing place shall:

(1) Provide the emergency equipment identified in (a), above; or

(2) Prominently post at least one sign that clearly states that no emergency rescue equipment is available.

(d) The owner of a designated beach shall:

(1) Provide emergency rescue equipment such as a rescue board, rescue tube or ring, or other emergency rescue equipment deemed appropriate by the owner; or

(2) Prominently post at least one sign that clearly states that no emergency rescue equipment is available.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1104.06)

N.H. Code Admin. R. Ann. Env-Wq 1107.07 Suction Outlet Cover/Grate {#sec-env-wq-1107.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1107.07}

(a) The pool operator shall inspect each cover/grate daily to ensure the cover/grate has not been damaged and is securely attached.

(b) The owner of a PBF shall not allow bathers to use the PBF if any cover/grate is missing, broken, or secured in such a way that it can be removed without the use of tools.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1104.07)

Part Env-Wq 1108 Design Features, Water Quality Standards, and Operation Requirements

N.H. Code Admin. R. Ann. Env-Wq 1108.01 Showers {#sec-env-wq-1108.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.01}

(a) The owner of a PBF shall provide shower facilities to the patrons of the PBF, as specified below:

(1) One shower for every 40 swimming pool bathers shall be provided;

(2) A minimum of one shower for each spa shall be provided; and

(3) Showers shall be of such design that a mixture of hot and cold water that will not scald patrons can be obtained through a mixing valve.

(b) Any shower located on a deck adjacent to a pool or spa shall drain to a public sewer system or a state-approved sewage disposal system.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.01)

N.H. Code Admin. R. Ann. Env-Wq 1108.02 Towels {#sec-env-wq-1108.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.02}

If towels are provided for public use at a PBF, the owner shall ensure that all such towels are maintained in a sanitary manner by:

(a) Washing and disinfecting or machine drying the towels after each use; and

(b) Storing the towels in a sanitary location.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-5-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.02)

N.H. Code Admin. R. Ann. Env-Wq 1108.03 Dressing Rooms {#sec-env-wq-1108.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.03}

The owner of a PBF shall ensure that any dressing room provided for use by patrons is kept free of visible dirt and debris.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.03)

N.H. Code Admin. R. Ann. Env-Wq 1108.04 Toilets for PBFs {#sec-env-wq-1108.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.04}

The owner of a PBF shall provide toilet facilities as follows:

(a) The toilet facilities shall be located within 200 feet of the PBF for use immediately before entering the water;

(b) Separate toilet facilities shall be provided for each gender;

(c) For a pool or spa installed prior to May 1, 2014, one toilet and one urinal for every 60 males and one toilet for every 40 females shall be provided; and

(d) For a pool or spa installed after May 1, 2014, the minimum number of fixtures shall be based on the maximum bather load, as specified in the state plumbing code, which is the portion of the state building code as defined in RSA 155-A that pertains to plumbing.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.04)

N.H. Code Admin. R. Ann. Env-Wq 1108.05 Toilets for Other Public Bathing Places {#sec-env-wq-1108.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.05}

If the owner of a common interest bathing place, designated beach, or flow-through bathing place provides toilets, the following shall apply:

(a) Portable or chemical toilets shall be installed in such a way that they can not be tipped over; and

(b) The toilets shall be within 200 feet of the water, provided however that if toilets cannot be installed within 200 feet of the water due to unique topography, the toilets shall be placed as close to the water as practicable.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.05)

N.H. Code Admin. R. Ann. Env-Wq 1108.06 Trash Receptacles {#sec-env-wq-1108.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.06}

(a) The owner of a PBF shall provide enclosed trash receptacles in all dressing rooms, toilet areas, and bathing areas.

(b) The owner of a designated beach wherein patrons are responsible for carrying out their own trash shall provide enclosed trash receptacles in all dressing rooms and toilet areas.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.06)

N.H. Code Admin. R. Ann. Env-Wq 1108.07 Food and Drink Prohibited in the Bathing Area {#sec-env-wq-1108.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.07}

The owner of a PBF shall not allow food or drink in the pool or spa or within 4 feet of the edge of the pool or spa.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.07)

N.H. Code Admin. R. Ann. Env-Wq 1108.08 Security Fencing, Deck Areas for PBFs {#sec-env-wq-1108.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.08}

(a) The owner of a PBF shall provide security fencing as follows:

(1) All outdoor PBFs shall have a wall, fence, or other enclosure constructed around the entire facility;

(2) The entire wall, fence, or other enclosure, including doors and gates, shall be at least 4 feet above grade measured on the inside and outside;

(3) The wall, fence, or other enclosure shall be constructed so as to prevent passage through it; and

(4) Subject to (c), below, each fence shall have at least one gate and all gates shall:

a. Be self-closing and self-latching;

b. Open only outward from the enclosed area;

c. Be equipped with a latch located on the pool side of the gate and at least 3 inches below the top of the gate;

d. Have no opening greater than ½ inch within 18 inches of the latch; and

e. Accommodate a locking device.

(b) The owner of a PBF shall provide a deck area between the water and the fence or enclosure in accordance with the following:

(1) The deck area shall be a minimum of 4 feet wide of unobstructed space, measured from the edge of the pool;

(2) The deck area shall slope away from the pool no less than 1/4 inch per foot and no more than 1/2 inch per foot, such that standing water shall be no deeper than 1/8 inch, 20 minutes after the cessation of the addition of water to the deck; and

(3) The surface of the deck shall be of a slip-resistant textured finish other than carpet or artificial turf.

(c) If the owner of a PBF having one or more gates that do not comply with (a)(4)b.- e., above, is a political subdivision and its local legislative body has not voted or does not vote to approve funding to bring the gate(s) into compliance with (a)(4)b.- e., above, and compliance is not fully funded by the state, the owner shall not be required to comply with (a)(4)b.- e., above.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (from Env-Wq 1105.07); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.08)

N.H. Code Admin. R. Ann. Env-Wq 1108.09 Security Fencing, Deck Areas for Other Public Bathing Places {#sec-env-wq-1108.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.09}

(a) If the owner of a common interest bathing place, designated beach, or flow-through bathing place provides security fencing, the fencing shall comply with Env-Wq 1108.08(a), including (a)(4)b.- e.

(b) If the owner of a common interest bathing place, designated beach, or flow-through bathing place provides a deck area, the deck area shall comply with Env-Wq 1108.08(b).

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.09)

N.H. Code Admin. R. Ann. Env-Wq 1108.10 Cross-Connection Control {#sec-env-wq-1108.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.10}

The owner of a PBF shall ensure that:

(a) Water service to the PBF is protected against backflow and back siphonage;

(b) Water introduced to the PBF, whether directly or through the circulation system, is supplied through an air gap of at least 6 inches; and

(c) Vacuum breaker backflow preventers are installed prior to all hose bibs servicing the PBF.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.10)

N.H. Code Admin. R. Ann. Env-Wq 1108.11 Deck Cleaning {#sec-env-wq-1108.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.11}

The owner of a PBF shall ensure that:

(a) The deck area is maintained to be free of litter and visible dirt; and

(b) Hose bibs with vacuum breakers are provided to flush the deck areas.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.11)

N.H. Code Admin. R. Ann. Env-Wq 1108.12 PBF Bacteriological Water Quality Standards {#sec-env-wq-1108.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.12}

The owner of a PBF shall not allow bathers to use the PBF unless the water in the PBF meets the following bacteriological standards:

(a) Less than one total coliform bacteria count per 100 milliliters of water;

(b) Less than 200 non-coliform bacteria counts per 100 milliliters of water;

(c) Less than one Pseudomonas aeruginosa count per 100 milliliters; and

(d) Less than 200 heterotrophic bacteria colony forming units per one milliliter of water.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.12)

N.H. Code Admin. R. Ann. Env-Wq 1108.13 PBF Chemical and Physical Water Quality Standards {#sec-env-wq-1108.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.13}

(a) The owner of a PBF shall not allow bathers to use the PBF unless the water therein meets the following chemical and physical standards:

(1) The pH shall be between 7.0 and 7.8;

(2) Clarity shall be such that the main drains are clearly visible at all times;

(3) Heated swimming, wading, and special recreation pool water temperature shall not exceed 89°F, equivalent to 32°C;

(4) Heated therapy pool and spa water temperature shall not exceed 104°F, equivalent to 40°C;

(5) Turbidity shall not exceed 1.0 nephelometric turbidity unit (NTU);

(6) For swimming, wading, and special recreation pool water:

a. The free available chlorine level shall be one to 5 milligrams per liter (mg/L); or

b. The free available bromine level shall be 2 to 10 mg/L;

(7) For therapy pool and spa water, the free available chlorine or free available bromine level shall be 2 to 10 mg/L;

(8) The combined chlorine level shall not exceed 0.5 mg/L;

(9) Where an ORP controller is used, the minimum set point value shall not be less than 650 mV;

(10) The cyanuric acid level shall not exceed 50 mg/L; and

(11) The total alkalinity shall be 60 to 180 mg/L.

(b) No chemical shall be manually added to the water while the pool is open for operation.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.13)

N.H. Code Admin. R. Ann. Env-Wq 1108.14 Water Quality Standards for Designated Beaches {#sec-env-wq-1108.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.14}

(a) As established by RSA 485-A:8, a designated beach shall be considered unsafe for public use if:

(1) The standard specified in (b)(1) or (c)(1), below, as applicable, is exceeded by 70 counts in any one sample or by any amount in 2 or more samples taken during the same sampling event; or

(2) The standard specified in (b)(2) or (c)(2), below, as applicable, is exceeded in 3 samples over a 60-day period.

(b) For freshwater beaches, the standards shall be:

(1) For purposes of (a)(1), above, E. coli bacteria are present in numbers greater than 88 counts/100 mL of water; or

(2) For purposes of (a)(2), above, E. coli bacteria are present in numbers greater than a geometric mean of 47 counts/100 mL of water.

(c) For saltwater beaches, the standards shall be:

(1) For purposes of (a)(1), above, Enterococci bacteria are present in numbers greater than 104 counts/100 mL of water; or

(2) For purposes of (a)(2), above, Enterococci bacteria are present in numbers greater than a geometric mean of 35 counts/100 of water.

(d) If test results exceed the applicable standard in (a) - (c), above, the owner shall:

(1) Retest for bacteria; and

(2) Post a bacteria advisory provided by the department.

(e) The owner shall post a cyanobacteria advisory provided by the department whenever a cyano-bacteria scum is present in the bathing area that is dominant and represents more than 50% of the algal cell count or the total cell count of cyanobacteria at the beach area is greater than 70,000 total cells/ml of water.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.14)

N.H. Code Admin. R. Ann. Env-Wq 1108.15 Water Quality for Flow-through Bathing Places {#sec-env-wq-1108.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.15}

(a) Water in flow-through bathing places shall meet the bacteriological quality requirements for Class B waters as specified in RSA 485-A:8.

(b) Water flow in a flow-through bathing place shall be a minimum of 2 gallons per minute of water flow per bather, based on the maximum expected bathing load.

(c) Water flow at the rate specified in (b), above, shall be maintained by engineered means if necessary when the bathing place is in use.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.15)

N.H. Code Admin. R. Ann. Env-Wq 1108.16 PBF Water Circulation {#sec-env-wq-1108.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.16}

(a) The owner of a PBF shall operate the circulation system continuously during the operating season.

(b) Circulation shall be adequate to maintain water quality standards as specified in Env-Wq 1108.12 and Env-Wq 1108.13.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.16)

N.H. Code Admin. R. Ann. Env-Wq 1108.17 Filter Cleaning {#sec-env-wq-1108.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.17}

(a) The owner of a PBF shall change or clean and disinfect all cartridge filters when the pressure differential between the influent and effluent lines of the filter reaches 6 pounds per square inch (psi) or the manufacturer’s recommended pressure differential, if less than 6 psi.

(b) If no means of measuring the pressure differential is provided, cartridge filters shall be changed or cleaned and disinfected at least once per day.

(c) Cartridge filters also shall be cleaned and disinfected in a concentrated chlorine solution or replaced in response to a violation of Env-Wq 1108.12.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.17)

N.H. Code Admin. R. Ann. Env-Wq 1108.18 Depth Markers and Float Lines {#sec-env-wq-1108.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.18}

(a) The owner of a PBF shall plainly and conspicuously mark the depth of water in feet:

(1) At or above the waterline on the vertical wall of the PBF; and

(2) On the top of the coping or edge of the deck or walkway next to the PBF.

(b) Depth markers on surfaces used for walking shall be slip-resistant.

(c) Depth markers shall be installed at:

(1) The maximum and minimum water depths;

(2) All points of slope change;

(3) Intermediate increments of water depth not to exceed 2 feet, nor spaced at distances greater than 25-foot intervals; and

(4) When an underwater shelf does not use steps as a transition to the rest of the pool, depth markers of the adjacent pool depth shall be placed at the underwater shelf’s edge a minimum of every 10 feet.

(d) Depth markers on irregularly shaped pools and spas also shall designate depths at all major deviations in shape.

(e) Depth markers shall be:

(1) At least 4 inch in height;

(2) Of contrasting color to the background on which they are applied; and

(3) Of a permanent nature, provided that semi-permanent markers may be used until the PBF undergoes renovations that allow permanent markers to be affixed.

(f) Any PBF having depths greater than 5 feet shall have a rope with attached floats placed across the pool one to 2 feet from the 5-foot depth on the shallow side of the break.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.18)

N.H. Code Admin. R. Ann. Env-Wq 1108.19 Water Surface Area Per Bather {#sec-env-wq-1108.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.19}

(a) The surface area of a swimming pool installed prior to May 1, 2014 shall provide not less than 27 square feet of water surface per bather.

(b) For pools installed on or after May 1, 2014, the following shall apply:

(1) In areas of a swimming pool 5-feet deep or less, not less than 15 square feet (sq.ft.) of water surface area shall be provided per bather;

(2) In areas of a swimming pool greater than 5 feet deep, not less than 25 sq.ft. of water surface area shall be provided per bather; and

(3) For special recreational pools, not less than 25 sq.ft. of splash zone shall be provided per bather.

(c) The surface area of a spa shall provide not less than 10 sq. ft. of water surface per bather.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.19)

N.H. Code Admin. R. Ann. Env-Wq 1108.20 Ladders, Recessed Steps, and Underwater Shelves for PBFs {#sec-env-wq-1108.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.20}

(a) Subject to (c), below, the owner of a PBF shall provide ladders or steps, or both, as follows:

(1) Where the vertical distance from the bottom of a PBF to the deck is more than 2 feet, one set of recessed steps or a ladder shall be provided for each 75-foot length of perimeter or portion thereof;

(2) Recessed steps or ladders shall be provided:

a. At the deep portion of all swimming pools; and

b. On each side of the pool near the deep end if the swimming pool is more than 30 feet wide; and

(3) Subject to (d), below, the top edge and leading horizontal edge of each step, underwater shelf, and spa seat or bench shall be outlined with a continuous 2-inch slip-resistant contrasting tile or other permanent marking that can be seen from the deck and from underwater.

(b) If the owner of a PBF provides underwater shelves, the following shall apply:

(1) Underwater shelves shall be installed in pool areas no deeper than 4 feet;

(2) Underwater shelves shall be not more than 12 inches deep;

(3) Underwater shelf floors shall be:

a. Horizontal; or

b. Of a uniform slope no steeper than 1:12 from a zero depth entry;

(4) When an underwater shelf does not use steps as a transition to the rest of the pool, the underwater shelf shall not be used as a means of entry to the rest of the pool; and

(5) Additional inlets shall be provided in the underwater shelf area as needed to ensure the volume of water in the shelf is filtered and chemically treated once every 60 minutes or less.

(c) If the owner of a PBF that does not have ladders or steps as specified in (a), above, is a political subdivision and its local legislative body has not voted or does not vote to approve funding for compliance with (a), above, and compliance is not fully funded by the state, the owner shall not be required to comply with (a), above.

(d) The owner of a pool or spa that is in operation as of May 1, 2014 shall comply with (a), above, only if the pool or spa to which the requirement applies undergoes renovations that otherwise require the pool or spa to be drained to a point where the steps, underwater shelves, or spa seat or bench, as applicable, are no longer under water.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.20)

N.H. Code Admin. R. Ann. Env-Wq 1108.21 Air and Ventilation for Indoor PBFs {#sec-env-wq-1108.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.21}

(a) Ventilation shall be provided through mechanical systems, engineered openings for natural ventilation, or a combination thereof.

(b) Subject to (c), below, air handling systems shall be designed to:

(1) Dehumidify the recirculated air from the enclosed area;

(2) Deliver outside air to the enclosed area;

(3) Replace a volume of air equal to the volume of exhausted air, or as required in the air handling system specifications;

(7) Prevent any re-entrainment; and

(8) Limit physical or electronic access to system controls to the owner, the owner’s duly-authorized designee, and the certified pool operator.

(c) If the owner of a PBF that does not have ventilation as specified in (b), above, is a political subdivision and its local legislative body has not voted or does not vote to approve funding for compliance with (b), above, and compliance is not fully funded by the state, the owner shall not be required to comply with (b), above.

(d) The owner of a PBF that is in operation as of the 2021 effective date of this chapter and that does not have an air handling system, shall comply with (a) and (b), above, only if the facility to which the requirements apply undergoes renovations that make the installation of a suitable air handling system possible.

History

• #13198, eff 5-1-21

N.H. Code Admin. R. Ann. Env-Wq 1108.22 Requirements for All Pool or Spa Components {#sec-env-wq-1108.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1108.22}

(a) Subject to (b), below, any pool or spa component installed on or after May 1, 2014 including but not limited to filters, filter media, pumps, skimmers, valves, flow meters, suction fittings, chemical feeders, and automatic controllers, shall be:

(1) Certified by NSF or a comparable independent testing organization as meeting applicable NSF/ANSI Standard 50 requirements for the specific use for which it is intended and the specific use conditions to which it will be subject; and

(2) Installed and maintained in accordance with its manufacturer’s instructions.

(b) The owner of a pool or spa that is in operation as of May 1, 2014 may continue to use replaceable parts, such as filter media, that do not meet (a)(1), above, until such time as the component which uses the replaceable parts fails or is otherwise being replaced.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1105.22)

Part Env-Wq 1109 DESIGN AND CONSTRUCTION FEATURES for swimming poolS

N.H. Code Admin. R. Ann. Env-Wq 1109.01 Minimum Swimming Pool Dimensions {#sec-env-wq-1109.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1109.01}

(a) Swimming pools at PBFs shall be designed and constructed to meet the dimension standards specified in:

(1) ANSI/APSP-1, 2003, Standard for Public Swimming Pools, as noted in Appendix B and available by contacting the department, for pools installed on or after May 1, 2014 but before the 2021 effective date of these rules; and

(2) ANSI/APSP/ICC-1, 2014, Standard for Public Swimming Pools, available as noted in Appendix B, for pools installed on or after the 2021 effective date of these rules.

(b) A swimming pool installed prior to May 1, 2014 shall comply with the plans on which the approval was issued.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1106.01)

N.H. Code Admin. R. Ann. Env-Wq 1109.02 Materials and Methods of Construction {#sec-env-wq-1109.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1109.02}

(a) Materials of construction for swimming pools shall comply with the following:

(1) The material shall be smooth, non-toxic, and impervious, finished concrete or concrete block, steel, or fiberglass;

(2) The pool bottom shall have a non-slip finish;

(3) Plastic liners may be used in conjunction with any of the materials in (1), above; and

(4) Asphalt, “black-top,” and similar materials shall not be permitted.

(b) The pool bottom shall have a light-colored finish.

(c) Each component of a swimming pool, including all components of the circulation system, shall be installed in accordance with its manufacturer’s specifications.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #10934, eff 9-19-15; ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1106.02)

N.H. Code Admin. R. Ann. Env-Wq 1109.03 Hydraulic Design: Inlets {#sec-env-wq-1109.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1109.03}

(a) Return inlets shall comply with Env-Wq 1108.22(a)(1).

(b) At least one return inlet shall be provided per 20 gallons per minute (GPM) of total design circulation flow.

(c) Inlets shall be located and directed to provide uniform circulation and uniform disinfectant residual.

(d) Inlets installed in a pool’s walls shall be spaced a maximum of 20 feet, center of inlet to center of inlet, around the periphery of the pool.

(e) Inlets installed in a pool’s bottom shall be evenly spaced.

(f) The return water flow for each inlet shall not exceed 20 GPM.

(g) The water velocity through each inlet shall not exceed 20 feet per second (fps).

(h) Inlets shall be adjustable to allow for changes in direction of flow.

(i) The flow rate at all inlets shall be balanced, which may be accomplished by connecting the inlets by a continuous loop of pipe.

(j) Inlets shall be designed so as to not constitute a hazard to the user.

(k) Inlets in pools with perimeter overflow systems shall be at least 8 inches below the overflow lip.

(l) In any pool wider than 20 feet, wall inlets shall be permanently directed to half the distance to the longitudinal centerline of the pool.

(m) At least one inlet shall be located in each recessed stairwell or other space where water circulation might be impaired.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1106.03)

N.H. Code Admin. R. Ann. Env-Wq 1109.04 Hydraulic Design: Pumps, Drains, and Suction Outlets {#sec-env-wq-1109.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1109.04}

(a) Each pump, drain, and suction outlet shall comply with Env-Wq 1108.22(a)(1).

(b) Any pool in operation prior to November 1, 2005 with a single outlet or with 2 drains that are less than 3 feet apart may continue to operate provided each outlet is protected by one or more of the methods or devices specified in ANSI/APSP/ICC-7, 2013, available as noted in Appendix B.

(c) If suction outlets are used, a minimum of 2 outlets shall be installed at the lowest point of the pool floor.

(d) Each drain in a suction outlet system shall be:

(1) Connected to a common pipe through a tee configuration located such that the drains are hydraulically balanced; and

(2) Designed to handle a minimum of 100% of the total design circulation flow if all other drains are blocked.

(e) Drains shall be spaced:

(1) Not less than 36 inches and not more than 60 inches apart, center to center, from each other; and

(2) Evenly from the side walls.

(f) Drain suction piping shall:

(1) Be sized to handle 100% of the circulation;

(2) Have a minimum nominal pipe size of 2.5 inches when used between multiple drains; and

(3) Be sized to meet the velocity requirements in Env-Wq 1109.06(f).

(g) Each suction outlet in a pool shall be protected as required by the VGBA, available at https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter106&edition=prelim, and its implementing regulations at 16 CFR § 1450, available at https://www.ecfr.gov/cgi-bin/text-idx?SID=1410c3f48d73aa2683c546eab89a43b5&mc=true&node=pt16.2.1450&rgn=div5.

(h) Each pump shall be equipped with a vacuum and pressure gauge that is separate from the pressure gauge associated with the filter.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1106.04)

N.H. Code Admin. R. Ann. Env-Wq 1109.05 Hydraulic Design: Skimmers and Overflow Systems {#sec-env-wq-1109.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1109.05}

(a) Each component of a skimmer or overflow system shall comply with Env-Wq 1108.22(a)(1).

(b) The total capacity of all skimmer/overflow systems in any pool shall be at least 100% of the required flow of the circulation system, constructed to provide overflow return around the entire periphery of the pool.

(c) There shall be one skimmer for 500 square feet of pool surface or fraction thereof and no less than 2 skimmers total.

(d) Skimmers shall:

(1) Be located so as to maintain effective skimming action over the entire water surface of the pool;

(2) Have proportioning valves that are adjusted such that the flow rate through the skimmers removes debris from the water surface;

(3) Have a minimum intake throat width of 5 inches, measured at the weir location;

(4) Have a weir that adjusts automatically to variations in water level of at least 4 inches; and

(5) Be installed so that the operating level of the pool is not more than 9 inches below the finished deck level.

(e) No skimmer on a pool installed after May 1, 2014 shall be equipped with an equalizer line. If a skimmer installed prior to May 1, 2014 is equipped with an equalizer line, the suction outlet shall be fitted with a cover that meets the requirements of ANSI/APSP/ICC-16, 2011, available as noted in Appendix B.

(f) The flow rate through any individual skimmer shall not exceed the maximum flow rate of the skimmer as certified by its manufacturer.

(g) Skimmer piping shall be sized to handle the maximum flow rate for the required number of skimmers, but in no case less than 100% of the design flow rate.

(h) Overflow systems shall be capable of handling 100% of the circulation flow without the overflow troughs being flooded.

(i) Surge capacity equal to or greater than one gallon per square foot of swimming pool water surface area shall be provided either in the system or by use of a surge tank.

(j) The water level of the swimming pool shall be maintained above the level of the overflow rim, except for the time needed to transfer all of the water that may be in the surge capacity back into the swimming pool after a period of use.

(k) Perimeter overflow system piping shall be sized to handle 100% of the design flow rate.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1106.05)

N.H. Code Admin. R. Ann. Env-Wq 1109.06 Piping {#sec-env-wq-1109.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1109.06}

(a) All visible piping, including waste lines and valves and other fittings, shall be:

(1) Color coded as specified in (b), below;

(2) Labeled to identify its purpose; and

(3) Marked to show the direction of flow.

(b) Unless otherwise specified in an applicable plumbing or building code or local ordinance, the color coding required by (a), above, shall be as specified in Table 1109-1, below:

Table 1109-1: Color Coding for Visible Piping, Valves, and Fittings

Purpose

Color

Potable Water

Dark blue

Skimmer or Gutter

Olive Green

Pool Return

Light blue

Main Drain

Black

Alum

Orange

Chlorine, gas or solution

Yellow

Soda Ash

White

Acid

Pink

Backwash

Dark Brown

Sewer or other wastewater

Dark Gray

Deck Drains

Light Brown

Gas other than chlorine or compressed air

Red

Compressed Air

Dark Green

(c) If plastic pipe is proposed, a minimum of Schedule 40 rigid PVC or equivalent that can withstand operating pressures shall be used.

(d) Flexible pipe shall not be used for pools.

(e) Flexible PVC hoses that meet NSF Standard 50 may be affixed to spa shells where rigid pipes do not provide the necessary angles to connect circulation components.

(f) Piping shall be designed to carry the required quantity of water at a maximum velocity not to exceed 6 fps for suction piping, and not to exceed 10 fps for discharge piping except for copper pipe where the velocity shall not exceed 8 fps.

(g) Return lines, main drain lines, and surface overflow system lines shall each be equipped with proportioning valves.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1106.06)

N.H. Code Admin. R. Ann. Env-Wq 1109.07 Filter Systems; Wastewater Disposal {#sec-env-wq-1109.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1109.07}

(a) Each component of a filter system shall comply with Env-Wq 1108.22(a)(1).

(b) Each filter system shall include the following:

(1) A strainer such as a pressure-type sand filter, a diatomaceous earth pressure or suction filter, or a cartridge-type filter;

(2) A flow meter that also meets the requirements of (c), below;

(3) A pressure gauge and an air relief valve for each filter;

(4) A sight glass in each waste line from filter to backwash; and

(5) A set of instructions for operating and maintaining the system.

(c) Each flow meter installed on a PBF filter system shall be:

(1) Capable of measuring flows that are at least 1.5 times the design flow rate;

(2) Accurate within 10% of true flow;

(3) Located where the operator or an inspector can read the meter in the normal course of operations or during a routine inspection, respectively; and

(4) Installed in accordance with the manufacturer’s specifications.

(d) Pressure-type sand filters also shall comply with the following:

(1) For low-rate rapid sand filters, the flow rate shall not exceed 3 gallons per minute per square foot of filter area;

(2) For high-rate rapid sand filters, the flow rate shall not exceed 15 gallons per minute per square foot of filter area; and

(3) Back wash flow rates shall be 10 to 15 gallons per minute per square foot of filter area.

(e) Diatomaceous earth pressure or suction filters shall comply with the following:

(1) The flow rate shall not exceed 2.0 gallons per minute per square foot of filter area; and

(2) Filter piping shall provide for circulation through the filter only or be capable of selection to discharge to waste.

(f) For cartridge-type filters, filter flow rates shall not exceed 0.375 gallons per minute per square foot of filter media.

(g) Filter backwash and wastewater disposal shall be as follows:

(1) Sewage and other wastewater, exclusive of filter backwash and pool drainage, shall be discharged into either a public sewer or a subsurface disposal system approved under RSA 485-A:29-44 and Env-Wq 1000;

(2) Backwash and pool drainage shall be discharged:

a. Into a public sewer through an air gap of not less than one inch; or

b. Disposed of in a location or system approved by the department pursuant to RSA 485:3, X, RSA 485-A:29-44, RSA 485-A:13, I(a), or Env-Wq 402; and

(3) When a pool or spa at a PBF is drained by discharge to a public sewer, the free disinfectant residual shall not exceed 3 mg/L chlorine or bromine.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1106.07)

N.H. Code Admin. R. Ann. Env-Wq 1109.08 Disinfection Methods {#sec-env-wq-1109.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1109.08}

(a) Each component of a primary disinfection system shall comply with Env-Wq 1108.22(a)(1).

(b) A PBF shall use at least one of the following primary disinfection methods in order to meet the water quality standards specified in Env-Wq 1108.12 and Env-Wq 1108.13 for each PBF:

(1) A positive displacement pump type disinfection unit providing hypochlorination;

(2) A disinfection unit that controls the rate of hypochlorite or bromine tablet erosion; or

(3) A salt electrolytic chlorine generator.

(c) A disinfection unit as specified in (b)(1) or (2), above, shall be capable of feeding at a rate to permit a free residual chlorine concentration of 10 mg/L or a free residual bromine concentration of 22.5 mg/L to be maintained in the pool.

(d) A salt electrolytic chlorine generator (ECG) as specified in (b)(3), above, shall:

(1) Have a total dissolved solids (TDS) readout, a low salt indicator, and integrated pH monitoring and management;

(2) Have a feed rate that is adjustable from zero to full range;

(3) Be capable of providing a chlorine dosage equivalent to 100% of the total daily requirement during peak bather load;

(4) Be installed according to manufacturer’s instructions; and

(5) Maintain the saline content of the pool or spa water in the required range specified by the manufacturer.

(e) Gaseous chlorine shall not be used as a disinfection method.

(f) Stabilized chlorine or bromine shall not be used as a disinfection method for indoor facilities.

(g) Each disinfection unit and ECG shall be:

(1) Installed in accordance with the manufacturer's instructions; and

(2) Wired such that the chemical feed equipment cannot operate when circulation flow stops.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1106.08)

N.H. Code Admin. R. Ann. Env-Wq 1109.09 Turn-over Rates {#sec-env-wq-1109.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1109.09}

(a) Any swimming pool installed on or after May 1, 2014 shall have a minimum circulation flow rate of one pool water turnover every 6 hours.

(b) If any swimming pool installed prior to May 1, 2014 that, when operated in accordance with these rules cannot consistently maintain water quality, is substantially modified after the 2021 effective date of this chapter, the final minimum circulation flow rate shall be one pool water turnover every 6 hours.

(c) For swimming pools installed prior to May 1, 2014 and not substantially modified thereafter, the following shall apply:

(1) Any swimming pool with an average water depth of greater than 4 feet shall have a minimum circulation flow rate of one pool water turnover every 8 hours; and

(2) Any swimming pool with an average water depth of 4 feet or less shall have a minimum circulation flow rate of one pool water turnover every 6 hours.

(d) Turnover rates for water covering an underwater shelf shall be as specified in Env-Wq 1108.20(b)(5).

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1106.09)

Part Env-Wq 1110 DESIGN AND CONSTRUCTION FEATURES for SpaS

N.H. Code Admin. R. Ann. Env-Wq 1110.01 Minimum Spa Dimensions {#sec-env-wq-1110.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1110.01}

(a) The maximum water depth of a spa shall be 4 feet measured from the water line.

(b) The maximum depth of any seat or bench in a spa shall be 2 feet measured from the water line.

(c) The floor slope of a spa shall not exceed one foot in 12 feet.

(d) Spas shall be provided with suitable handholds around their perimeter in areas where water depths exceed 3 feet 6 inches.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1107.01)

N.H. Code Admin. R. Ann. Env-Wq 1110.02 Materials and Methods of Construction {#sec-env-wq-1110.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1110.02}

(a) The selection of all materials for components and accessories to be used in and around spas shall be such that all parts with external surfaces and edges that may come in contact with the user are assembled, arranged, and finished so that they will not constitute a cutting, pinching, puncturing, or abrasion hazard under casual contact.

(b) The selection of component and accessory materials to be used in and around spas shall be such that the assembled and installed product shall:

(1) Not be toxic to man or harmful to the environment; and

(2) Be chemically compatible with the materials and environment contacted under intended use conditions.

(c) Spa surfaces shall be smooth, abrasion free, readily cleanable, and slip-resistant where intended for footing.

(d) Each component of a spa, including all components of the circulation system, shall:

(1) Comply with Env-Wq 1108.22(a)(1); and

(2) Be installed in accordance with its manufacturer’s specifications.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1107.02)

N.H. Code Admin. R. Ann. Env-Wq 1110.03 Spa Inlets, Outlets, and Pumps {#sec-env-wq-1110.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1110.03}

(a) Inlets for spas shall be arranged so as to provide uniform circulation and uniform disinfectant residual.

(b) A minimum of 2 inlets shall be provided for each spa, with inlets added as necessary to accommodate the designed flow rate.

(c) Spa inlets shall be adjustable to allow for changes in direction of flow.

(d) A minimum of 2 outlets shall be provided for each pump in the spa’s circulation system.

(e) The outlets shall be:

(1) Separated by a minimum of 3 feet or located on 2 different planes;

(2) Connected to a common pipe through a tee configuration located such that the drains are hydraulically balanced;

(3) Provided with a cover that complies with ANSI/APSP/ICC-16, 2011, available as noted in Appendix B; and

(4) Protected as required by the VGBA, available at https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter106&edition=prelim and its implementing regulations at 16 CFR § 1450, available at https://www.ecfr.gov/cgi-bin/text-idx?SID=1410c3f48d73aa2683c546eab89a43b5&mc=true&node=pt16.2.1450&rgn=div5.

(f) Piping of the spa’s drain outlet shall be capable of handling 100% of the circulation.

(g) Each pump shall be equipped with a vacuum and pressure gauge that is separate from the pressure gauge associated with the filter.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1107.03)

N.H. Code Admin. R. Ann. Env-Wq 1110.04 Spa Circulation Systems {#sec-env-wq-1110.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1110.04}

(a) A spa shall be operated with a continuous overflow.

(b) The circulation system of a spa shall be separate from that of any companion pool(s).

(c) The circulation system of a spa shall maintain water quality to the standards specified in Env-Wq 1108.12 and Env-Wq 1108.13.

(d) The flow rate through the spa’s skimmers shall be designed to:

(1) Provide more than 50% of the total turnover rate; and

(2) For each skimmer, not exceed the maximum flow rate of the skimmer as certified by its manufacturer.

(e) The minimum acceptable width for the intake throat of a skimmer used in a spa, measured at the weir location, shall be 5 inches.

(f) Where surface skimmers are used as the spa’s sole overflow system, one surface skimmer shall be provided for each 100 square feet or fraction thereof of the spa’s surface area with no less than 2 skimmers total.

(g) Skimmers used in a spa shall:

(1) Be located so as to maintain effective skimming action over the entire surface area of the spa; and

(2) Have proportioning valves that are adjusted such that the flow rate through the skimmers removes debris from the water surface.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1107.04)

N.H. Code Admin. R. Ann. Env-Wq 1110.05 Spa Filter Requirements {#sec-env-wq-1110.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1110.05}

(a) The filter system for a spa shall meet the same requirements as specified in Env-Wq 1109.07.

(b) A spa shall have a filtration system with piping, pumps, filters, disinfection and other equipment which maintain water quality to the standards of Env-Wq 1108.12 and Env-Wq 1108.13.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1107.05)

N.H. Code Admin. R. Ann. Env-Wq 1110.06 Disinfection {#sec-env-wq-1110.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1110.06}

A spa shall meet the same disinfection requirements as specified in Env-Wq 1109.08.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1107.06)

N.H. Code Admin. R. Ann. Env-Wq 1110.07 Turn-over Rate {#sec-env-wq-1110.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1110.07}

A spa shall be operated so as to circulate, filter, and disinfect the entire volume of spa water no less than once every 30 minutes.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1107.07)

Part Env-Wq 1111 DESIGN AND CONSTRUCTION FEATURES for wading poolS

N.H. Code Admin. R. Ann. Env-Wq 1111.01 Minimum Wading Pool Dimensions {#sec-env-wq-1111.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1111.01}

(a) The maximum water depth of a wading pool shall be 2 feet measured from the water line.

(b) The floor slope of a wading pool, if any, shall not exceed one foot in 12 feet.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1108.01)

N.H. Code Admin. R. Ann. Env-Wq 1111.02 Materials of Construction {#sec-env-wq-1111.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1111.02}

(a) The selection of all materials for components and accessories to be used in and around wading pools shall be such that all parts with external surfaces and edges that may come in contact with the user are assembled, arranged, and finished so that they will not constitute a cutting, pinching, puncturing, or abrasion hazard under casual contact.

(b) The selection of component and accessory materials to be used in and around wading pools shall be such that the assembled and installed product shall not be toxic to man or harmful to the environment and shall be chemically compatible with the materials and environment contacted under intended use.

(c) Wading pool surfaces shall be smooth, abrasion free, readily cleanable, and slip-resistant.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1108.02)

N.H. Code Admin. R. Ann. Env-Wq 1111.03 Wading Pool Inlets and Outlets {#sec-env-wq-1111.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1111.03}

(a) Each component of a wading pool, including all components of the circulation system, shall:

(1) Comply with Env-Wq 1108.22(a)(1); and

(2) Be installed in accordance with its manufacturer’s specifications.

(b) Non-circulated wading pools shall not be permitted.

(c) Inlets and drains for wading pools shall provide for uniform circulation and uniform disinfectant residual, in accordance with Env-Wq 1109.03 through Env-Wq 1109.06.

(d) One inlet shall be provided for each 20 feet of wading pool perimeter, with a minimum of 2 inlets.

(e) A minimum of 2 drain outlets shall be provided for each pump in the wading pool’s circulation system.

(f) The wading pool’s outlets shall be:

(1) Separated by a minimum of 3 feet or located on 2 different planes;

(2) Connected to a common pipe through a tee configuration located such that the drains are hydraulically balanced;

(3) Provided with a cover that complies with ANSI/APSP/ICC-16, 2011, available as noted in Appendix B; and

(4) Protected as required by the VGBA, available at https://uscode.house.gov/view.xhtml?path=/prelim@title15/chapter106&edition=prelim, and its implementing regulations, 16 CFR § 1450, available at https://www.ecfr.gov/cgi-bin/text-idx?SID=1410c3f48d73aa2683c546eab89a43b5&mc=true&node=pt16.2.1450&rgn=div5.

(g) The total velocity through the wading pool’s drainage grate openings shall not exceed 1.5 fps.

(h) Piping of the wading pool’s drain outlet shall be capable of handling 100% of the circulation.

(i) If the circulation system on a wading pool does not comply with (a) through (h), above, the owner shall close the wading pool until such time as the requirements of (a) through (h), above, are met.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1108.03)

N.H. Code Admin. R. Ann. Env-Wq 1111.04 Wading Pool Circulation Systems {#sec-env-wq-1111.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1111.04}

(a) The circulation system of a wading pool shall be separate from that of any companion pool(s).

(b) Return lines, main drain lines, and surface overflow system lines, shall each be equipped with proportioning valves.

(c) The flow rate through the wading pool’s skimmers shall be designed to:

(1) Provide more than 50% of the total turnover rate; and

(2) For each skimmer, not exceed the maximum flow rate of the skimmer as certified by its manufacturer.

(d) Skimmers used in a wading pool shall:

(1) Be located so as to maintain effective skimming action over the entire water surface of the wading pool; and

(2) Have proportioning valves that are adjusted such that the flow rate through the skimmers removes debris from the water surface.

(e) The minimum acceptable width for the intake throat of a wading pool’s skimmer, measured at the weir location, shall be 5 inches.

(f) Where surface skimmers are used as the sole overflow system, one surface skimmer shall be provided for each 100 square feet or fraction thereof of the wading pool’s surface area with no less than 2 skimmers total.

(g) The circulation system shall maintain wading pool water quality in accordance with Env-Wq 1108.12 and Env-Wq 1108.13.

(h) Recreational features such as small slides and toy animals placed within a wading pool shall not interfere with the proper water circulation in the wading pool.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1108.04)

N.H. Code Admin. R. Ann. Env-Wq 1111.05 Wading Pool Filter Requirements {#sec-env-wq-1111.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1111.05}

(a) The filter system for a wading pool shall meet the same standards as specified in Env-Wq 1109.07.

(b) The filtration system shall maintain wading pool water quality in accordance with Env-Wq 1108.12 and Env-Wq 1108.13.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff -5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1108.05)

N.H. Code Admin. R. Ann. Env-Wq 1111.06 Disinfection {#sec-env-wq-1111.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1111.06}

Wading pools shall meet the same disinfection requirements as specified in Env-Wq 1109.08.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1108.06)

N.H. Code Admin. R. Ann. Env-Wq 1111.07 Turn-over Rate {#sec-env-wq-1111.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1111.07}

(a) Any wading pool with a maximum water depth greater than 12 inches shall have a minimum circulation flow rate of one pool water turnover per 4 hours.

(b) Any wading pool with a maximum water depth 12 inches or less shall have a minimum circulation flow rate of one pool water turnover per one hour.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1108.07)

Part Env-Wq 1112 DESIGN AND CONSTRUCTION FEATURES for special Recreation poolS

N.H. Code Admin. R. Ann. Env-Wq 1112.01 Special Recreation Pool Minimum Dimensions {#sec-env-wq-1112.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1112.01}

(a) The water depth at the end of the flume and for 20 feet minimum straight distance from the end of the flume shall be 3 feet.

(b) A non-slip entrance into and exit from the special recreation pool water shall be provided.

(c) There shall be a minimum distance of 5 feet between a slide and the side wall of the receiving pool.

(d) There shall be a minimum distance of 6 feet between slides that discharge to the same receiving pool.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1109.01)

N.H. Code Admin. R. Ann. Env-Wq 1112.02 Materials of Construction {#sec-env-wq-1112.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1112.02}

Materials for special recreation pools shall be in accordance with Env-Wq 1109.02.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1109.02)

N.H. Code Admin. R. Ann. Env-Wq 1112.03 Hydraulic Design {#sec-env-wq-1112.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1112.03}

(a) Hydraulic design for special recreation pools shall be in accordance with Env-Wq 1109.03 through Env-Wq 1109.06.

(b) Slide pump intakes shall be in a reservoir separate from the receiving pool.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1109.03)

N.H. Code Admin. R. Ann. Env-Wq 1112.04 Filter Requirements {#sec-env-wq-1112.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1112.04}

Special recreation pools shall:

(a) Meet the same filter requirements as specified in Env-Wq 1109.07; and

(b) Maintain water quality standards as specified Env-Wq 1108.12 and Env-Wq 1108.13.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1109.04)

N.H. Code Admin. R. Ann. Env-Wq 1112.05 Disinfection {#sec-env-wq-1112.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1112.05}

Special recreation pools shall meet the same disinfection requirements as specified in Env-Wq 1109.08.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1109.05)

N.H. Code Admin. R. Ann. Env-Wq 1112.06 Turn-over Rate {#sec-env-wq-1112.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1112.06}

Circulation flow rates shall be one turnover per hour.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1109.06)

Part Env-Wq 1113 DESIGN AND CONSTRUCTION FEATURES for therapy poolS

N.H. Code Admin. R. Ann. Env-Wq 1113.01 Therapy Pool Minimum Dimensions {#sec-env-wq-1113.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1113.01}

Floor configuration for therapy pools may vary due to the variety of depth needs unique to the use of therapy pools.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1110.01)

N.H. Code Admin. R. Ann. Env-Wq 1113.02 Materials of Construction {#sec-env-wq-1113.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1113.02}

Materials for therapy pools shall be in accordance with Env-Wq 1109.02.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1110.02)

N.H. Code Admin. R. Ann. Env-Wq 1113.03 Hydraulic Design {#sec-env-wq-1113.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1113.03}

Hydraulic design for therapy pools shall be in accordance with Env-Wq 1109.03 through Env-Wq 1109.06.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1110.03)

N.H. Code Admin. R. Ann. Env-Wq 1113.04 Filter Requirements {#sec-env-wq-1113.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1113.04}

Therapy pools shall meet the same filter requirements as specified in Env-Wq 1109.07 and shall maintain water quality standards as specified Env-Wq 1108.12 and Env-Wq 1108.13.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1110.04)

N.H. Code Admin. R. Ann. Env-Wq 1113.05 Disinfection {#sec-env-wq-1113.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1113.05}

Therapy pools shall meet the same disinfection requirements as specified in Env-Wq 1109.08.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1110.05)

N.H. Code Admin. R. Ann. Env-Wq 1113.06 Turn-Over Rates {#sec-env-wq-1113.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1113.06}

A therapy pool shall have a minimum circulation flow rate of one pool water turnover per 4 hours.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1100) #8468, eff 11-1-05; ss by #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1110.06)

Part Env-Wq 1114 Pbf Emergency Closure Procedure

N.H. Code Admin. R. Ann. Env-Wq 1114.01 Purpose {#sec-env-wq-1114.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1114.01}

The purpose of this part is to implement RSA 485-A:27, II relative to emergency closures of PBFs.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1114.02 Grounds for an Emergency Closure {#sec-env-wq-1114.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1114.02}

As specified in RSA 485-A:27, II(a), violation of the following standards shall form the basis for an emergency closure order:

(a) Bacteriological water quality standards, as specified in Env-Wq 1108.12;

(b) Chemical water quality standards, as specified in Env-Wq 1108.13(a)(1), (6), (7), (8), (10), and (b);

(c) Physical water quality standards, as specified in Env-Wq 1108.13(a)(2), and (5); and

(d) Patron safety requirements relating to:

(1) Emergency response, as specified in Env-Wq 1107.04(c) or Env-Wq 1107.05(b), as applicable;

(2) Emergency rescue equipment, as specified in Env-Wq 1107.06(a)(1) and (2);

(3) First aid kits, as specified in Env-Wq 1107.06(a)(3);

(4) Suction outlet covers/grates, as specified in Env-Wq 1109.04(g); and

(5) Security fencing, as specified in Env-Wq 1108.08 or Env-Wq 1108.09, as applicable.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1114.03 Public Bathing Places {#sec-env-wq-1114.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1114.03}

Closing Procedure.

(a) If as a result of an on-site inspection the department determines that one or more of the violations noted in Env-Wq 1114.02 are present and that the deficiencies threaten the health or safety of patrons of the facility, the department shall:

(1) Issue an emergency closure notice to the PBF owner or the owner’s on-site representative; and

(2) Make all reasonable attempts to notify the local health officer immediately and provide a copy of the notice as soon as practicable.

(b) The notice issued shall state with specificity:

(1) The identity of each pool and spa to be closed;

(2) The violation(s) that form the basis of the closure notice for each pool and spa;

(3) The action(s) the department requires the PBF owner to take to correct all identified violations; and

(4) How to reopen the PBF once all deficiencies have been corrected.

(c) As required by RSA 485-A:27, II(c), upon receipt of an emergency closure notice, the PBF owner shall:

(1) Immediately close each identified pool and spa; and

(2) Not reopen the pool until each deficiency cited in the emergency closure notice has been corrected and the department has confirmed the corrections.

(d) As provided in RSA 485-A:27, II(d):

(1) If an owner believes an emergency closure notice has been issued in error, the owner shall notify the department in writing, which may be sent by email, fax, United States Postal Service delivery, or private delivery;

(2) The written notice shall identify each reason why the owner or operator believes the emergency closure notice is not appropriate; and

(3) The department shall provide the owner or operator with an opportunity for an adjudicative hearing within 10 days of receiving the written notice.

(e) If a hearing pursuant to (d), above, is held and the PBF owner is aggrieved by the decision of the department after the hearing, the owner may appeal the decision as an enforcement decision to the water council as provided in RSA 21-O:14.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1114.04 Reopening Procedure Following an Emergency Closure {#sec-env-wq-1114.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1114.04}

(a) Once the PBF owner has corrected all deficiencies listed on the emergency closure notice, the owner shall contact the department in writing by mail or email to:

(1) Inform the department of what actions have been taken to address the identified violations, which shall include water quality test results if water quality standard violations formed the whole or partial basis for the emergency closure notice; and

(2) Request a follow-up inspection and water test, as applicable.

(b) Within 10 days of receiving a request pursuant to (a), above, the department shall review the request to determine if the PBF is ready to reopen, provided that the department shall conduct an inspection if necessary to confirm that the violations have been corrected.

(c) If the PBF owner has corrected all violations, the department shall notify the owner that the PBF may be reopened.

(d) If the PBF owner has not corrected all violations, the department shall not allow the facility to reopen, and shall provide the owner with a list of further actions to be taken in order to come into compliance.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

Part Env-Wq 1115 Equivalent Programs

N.H. Code Admin. R. Ann. Env-Wq 1115.01 Purpose {#sec-env-wq-1115.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1115.01}

The purpose of this part is to:

(a) Implement RSA 485-A:26, IV relative to equivalent municipal programs of sampling and analysis; and

(b) Establish a process whereby municipalities may voluntarily establish inspection programs that are equivalent to the department’s so as to have more direct oversight of the municipality’s own PBFs, and, if desired, the other PBFs within the municipality.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1115.02 Equivalent Program Request For Approval Process {#sec-env-wq-1115.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1115.02}

(a) Any municipality that wishes to establish an equivalent program of sampling and analysis shall submit to the department a written request for approval that contains the information specified in Env-Wq 1115.03 and is signed as specified in (c) and (d), below;

(b) The municipality shall submit the materials required by (a), above, to the department using an online portal, which when available will be accessible via www.des.nh.gov, or at the following address:

DES Water Division

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

Attn: PBF Program Manager

(c) An authorized representative of the municipality shall sign and date the request. If the request is submitted electronically, the submittal itself shall constitute the signature and the date shall be the date of receipt by the department.

(d) The signature shall constitute certification 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 denying the application or revoking any approval that is issued based on the information; and

b. That he or she is subject to the penalties established in New Hampshire law for making unsworn false statements.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1115.03 Equivalent Program Request for Approval Contents {#sec-env-wq-1115.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1115.03}

The request for approval of an equivalent program of sampling and analysis shall include the following information:

(a) The name of the municipality submitting the application;

(b) The name, title, mailing address, email address, and daytime telephone number of the authorized representative for the municipality’s program;

(c) A plan detailing how the municipality will conduct sampling and analysis for biological and chemical water quality that is equivalent to the department’s;

(d) A timeline for training all staff to be involved in sampling and analysis or a request for such training from the department;

(e) The date by which the municipality intends to implement its equivalent program; and

(f) Whether the municipality intends to implement the program with respect to only those PBFs owned by the municipality or also to all other PBFs in the municipality.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1115.04 Optional Inspection Program {#sec-env-wq-1115.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1115.04}

A municipality seeking approval for an equivalent program of sampling and analysis may also seek approval for an equivalent program of inspections by providing the following information:

(a) A plan detailing how the municipality will conduct inspections that are equivalent to the department’s in the areas listed in Env-Wq 1114.02(c)-(d);

(b) A timeline for training all staff to be involved in the inspections or a request for the department to provide such training; and

(c) Whether the municipality intends to implement the program with respect to only those PBFs owned by the municipality or also to all other PBFs in the municipality.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1115.05 Review of Requests {#sec-env-wq-1115.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1115.05}

(a) Upon receiving a complete request as specified in Env-Wq 1115.02, with or without the optional information as specified in Env-Wq 1115.04, the department shall review the request.

(b) The department shall approve the proposed equivalent program if the department determines that the proposed program is equivalent to the department’s.

(c) The department shall inform the applicant of its decision in writing. If the application is denied, the decision shall state the reasons(s) for the denial.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1115.06 Maintaining Equivalent Program Status {#sec-env-wq-1115.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1115.06}

In order for a municipality to maintain its status as an equivalent program, it shall:

(a) Have available to the department, all sampling and analysis records and, if an inspection program was approved, all inspection reports and related documents for not less than 3 years;

(b) Update the department of any changes in the staff responsible for the sampling and analysis program and, if applicable, the inspection program within 30 days of the change; and

(c) Notify the department annually of the municipality’s intent to continue the equivalent program no later than May 1st of each year.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1115.07 Effect of Approved Equivalent Program {#sec-env-wq-1115.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1115.07}

The following shall apply in any municipality that has an approved equivalent program:

(a) If the approved program is for sampling and analysis only, the department shall continue to inspect all PBFs in the municipality for compliance with the areas covered by Env-Wq 1114.02(c)-(d); and

(b) If the approved program is for municipal PBFs only, the department shall continue to inspect all other PBFs in the municipality.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

N.H. Code Admin. R. Ann. Env-Wq 1115.08 Suspension or Revocation of Approval {#sec-env-wq-1115.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1115.08}

(a) If the department receives information that supports a determination that the municipality is not implementing an approved program in accordance with the approval, the department shall initiate an adjudicative proceeding under RSA 541-A:31 and Env-C 200 to provide an opportunity to the municipality to show cause why the approval should not be revoked.

(b) The notice issued to initiate the action shall inform the municipality:

(1) That the department is proposing to suspend or revoke the approval;

(2) Of the grounds on which the department’s proposed action is based; and

(3) Of the deadline for requesting a hearing at which the municipality may show cause why the approval should not be suspended or revoked.

(c) If as a result of the proceeding initiated under (a), above, the department determines that the municipality is not implementing the approved program in accordance with the approval but that the municipality can change how it is implementing the program to comply with the approval, the department shall suspend the approval until the municipality provides proof that it has corrected the deficiencies.

(d) If the department suspends the approval, the decision issued pursuant to (g), below, shall:

(1) Specify a reasonable time in which the municipality can correct the deficiencies that formed the basis for the suspension; and

(2) Notify the owner that if the deficiencies are not corrected within the time specified, the approval shall be revoked.

(e) A decision to suspend an approval pending correction of deficiencies shall not be considered a final decision from which an appeal may be taken.

(f) If as a result of the proceeding initiated under (a), above, the department determines that the municipality is not implementing the approved program in accordance with the approval and that the municipality cannot or will not change how it is implementing the program to comply with the approval, the department shall revoke the approval.

(g) The department shall issue a written decision to the municipality. If the approval is suspended or revoked, the decision shall specify the reason(s) for the decision.

(h) A municipality whose approval has been suspended pursuant to this section shall not conduct any sampling and analysis or other inspections until the approval has been reinstated.

(i) A municipality whose approval has been revoked that wishes to resume an equivalent program shall apply as specified in Env-Wq 1115.02, provided that in addition to the required information, the municipality shall provided a clear and concise written explanation as to what has been done to correct the situation or circumstances that previously prevented it from implementing the program as approved.

History

• #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100)

Part Env-Wq 1116 Waivers

N.H. Code Admin. R. Ann. Env-Wq 1116.01 Purpose {#sec-env-wq-1116.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1116.01}

The purpose of this part is to accommodate situations where:

(a) Strict compliance with the requirements in this chapter would result in a design or method of operation that is not in the best interests of public health or the environment; or

(b) An alternative method or material is available that would provide at least the same degree of protection to public health and the environment as the method or material specified.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1111.01)

N.H. Code Admin. R. Ann. Env-Wq 1116.02 Request for Waiver {#sec-env-wq-1116.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1116.02}

(a) Any owner of a public bathing place who wishes to request a waiver of one or more specific requirements of this chapter shall submit a request for a waiver to the department in writing as set forth in this section.

(b) A request to waive a design requirement shall be submitted with the application filed pursuant to Env-Wq 1103.02 or as soon thereafter as the need for the waiver becomes known to the applicant.

(c) A request to waive an operational requirement may be submitted whenever the owner becomes aware that a waiver is needed.

(d) The waiver request shall include the following:

(1) The name, mailing address, and daytime telephone number of the owner of the public bathing place to which the request relates and, if available, a fax number and email address;

(2) The name, mailing address, and daytime telephone number and, if available, the fax number and email address of the person requesting the waiver, if other than the owner;

(3) Identification of the rule for which a waiver is requested;

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

(5) For waivers of operational requirements where the owner is not proposing to implement an alternative to the stated requirement, the length of time the owner needs to come into compliance with the stated requirement;

(6) If the waiver is based on strict compliance with the rule not being in the best interests of public health or the environment:

a. An explanation of why strict compliance would not be in the best interests of public health and the environment; and

b. A description of any alternative methods, procedures, or designs that will be used in lieu of complying with the rule;

(7) If the waiver is based on an alternative method or material being available that would provide at least the same degree of protection to public health and the environment as the method or material specified:

a. A description of the proposed method or material; and

b. An explanation of why the proposed method or material provides the same degree of protection to public health and the environment as the method or material specified;

(8) Supporting data for the proposed alternative(s); and

(9) An explanation of how granting the request would be consistent with the criteria specified in Env-Wq 1116.03(c).

(e) The requestor shall submit the request to the department at the address specified in Env-Wq 1103.02(b).

(f) The requestor and the owner, if other than the requestor, shall sign and date the request.

(g) The signature(s) shall constitute certification 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 denying the waiver request or revoking any waiver that is granted based on the information; and

b. That he or she is subject to penalties for falsification in official matters, currently in RSA 641.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1111.02)

N.H. Code Admin. R. Ann. Env-Wq 1116.03 Review of Request; Criteria for Granting Request {#sec-env-wq-1116.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1116.03}

(a) The department shall review a request for a waiver of a design requirement as part of the review of the application submitted pursuant to Env-Wq 1103.02.

(b) The department shall review a request for a waiver of an operational requirement within 15 working days of receiving the request.

(c) The department shall grant a waiver if the department determines that:

(1) The requirement is not established in a statute or that the statute which establishes the requirement expressly authorizes waivers to the requirement to be granted; and

(2) Granting the waiver will not result in a lower level of protection being afforded to public health or the environment than complying with the rule as adopted.

(d) The department shall include such conditions in the waiver as are necessary to ensure the criteria of (c), above, are met.

(e) For operational waivers where the owner is not proposing to implement an alternative to the stated requirement, the department shall specify the expiration date of the waiver.

(f) The department shall notify the owner of the decision on the waiver request in writing. If the request is denied, the decision shall specify the reason(s) for the denial.

Appendix A: State Statutes Implemented

Rule Section(s)

Statutory Section(s) Implemented

Env-Wq 1100 (see also specific parts below)

RSA 485-A:26 through 27-a

Env-Wq 1104

RSA 485-A:26, II(b)-(d)

Env-Wq 1105

RSA 485-A:26-a

Env-Wq 1106

RSA 485-A:27-a

Env-Wq 1114

RSA 485-A:27, II

Env-Wq 1115

RSA 485-A:26, IV

Env-Wq 1116

RSA 541-A:22, IV

Appendix B: Incorporated References

Rule Section(s)

Title, Date

Obtain at:

Env-Wq 1106.03(d)(5)

Env-Wq 1106.04(b)

Section 6.1, Model Aquatic Health Code, 3rd edition, 2018

U.S. DHHS, Centers for Disease Control and Prevention

Download for free at:

https://www.cdc.gov/mahc/pdf/2018-MAHC-Code-Clean-508.pdf

Env-Wq 1109.01(a)(1)

ANSI/APSP-1, 2003

American National Standard for Public Swimming Pools

The Association of Pool & Spa Professionals (APSP)

2111 Eisenhower Ave.

Alexandria, VA 22314

[Now merged with PHTA]

ANSI/APSP-1 (2003) - contact department to review

Env-Wq 1109.01(a)(2)

Env-Wq 1109.04(b)

Env-Wq 1109.05(e)

Env-Wq 1110.03(e)(3)

Env-Wq 1111.03(f)(3)

ANSI/APSP/ICC-1, 2014

American National Standard for Public Swimming Pools

ANSI/APSP/ICC-7, 2013

American National Standard for Suction Entrapment Avoidance in Swimming Pools, Wading Pools, Spas, Hot Tubs and Catch Basins

ANSI/APSP/ICC-16, 2011

American National Standard for Suction Fitting Assemblies (SOFA) for Use in Pools, Spas, and Hot Tubs

Pool and Hot Tub Alliance (PHTA)

4775 Granby Cir, Colorado Springs, CO 80919

Phone: (719) 540-9119

ANSI/APSP/ICC-1 (2014) https://www.poolweb.com/media/state_regs/ansi.pdf

ANSI/APSP/ICC-7, $165, https://webstore.ansi.org/standards/apsp/ansiapspicc2013-1508182

ANSI/APSP/ICC-16, $165, https://webstore.ansi.org/standards/apsp/ansiapspicc162017

Appendix C: State Statutory Definitions

RSA 141-C:2

VI. “Communicable disease” means illness due to a microorganism, virus, infectious substance, biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, which may be transmitted directly or indirectly to any person from an infected person, animal or arthropod (including insecta or arachnida) or through the vehicle of an intermediate host, vector, or inanimate environment.

RSA 485-A:2

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

RSA 485-A:26 Swimming Pools and Bathing Places Public Bathing Facilities.

I. In this section:

(a) “Pool” means a man-made structure and associated pump, filter, drain, and electrical equipment that is used for recreational or therapeutic bathing, swimming, diving, or other contact with the water such as by wading, splashing, tubing, or sliding. "Pool" shall include, but is not limited to, swimming pools, therapy pools, spas, special recreation pools, slides, and tubing courses, at hotels, motels, health facilities, water parks, condominium complexes, apartment complexes, youth recreation camps, public parks, and recreational campgrounds or camping parks as defined in RSA 216-I:1, VII. "Pool" shall not include any pool, spa, or other pool that serves 3 or fewer living units and is used only by the residents of the living units and their guests, and does not include baptismal fonts or similar structures owned by a religious organization and used for religious rituals.

(b) “Public bathing facility” means a pool that is operated by or for any governmental subdivision, public or private corporation, partnership, association, or educational institution and that is open to the public, members, or students, whether for a fee or free.

Appendix D: Additional Definitions

Virginia Graeme Baker Pool and Spa Safety Act - Pub. L. 110-140

Sec. 1403. Definitions.

(7) UNBLOCKABLE DRAIN.—

The term `unblockable drain´ means a drain of any size and shape that a human body cannot sufficiently block to create a suction entrapment hazard.

ANSI/APSP/ICC-7, 2013

Gravity flow systems are systems that incorporate a receptacle or container as part of a circulation system that is vented to atmosphere and receives water from the pool/spa or water feature by force of gravity, from which the pump draws its water supply. [from definition of vented reservoir]

vented reservoir: A receptacle or container incorporated as part of a circulation system that is vented to atmosphere and receives water from the pool/spa or water feature by force of gravity, from which the pump draws its water supply. Systems including vented reservoirs are commonly referred to as gravity flow systems, gravity feed systems, or gravity drainage systems. Vented reservoirs include but are not limited to the following: catch pools, surge tanks, collector tanks, skimmers open to the atmosphere, atmospheric vent, gutters, overflow gutters, or perimeter gutter systems.

Appendix E: Statutory Provisions

485-A:27-a Certified Operator Training Required.

I. Effective January 1, 2022, a public bathing facility shall be operated only under the supervision of an individual who has successfully completed a certified pool and spa operator certification program offered by the Association of Pool and Spa Professionals, National Swimming Pool Foundation, or other pool and spa operator certification programs approved by the department.

II.(a) By January 1, 2022, each owner of a public bathing facility that is open for 9 months or more in a calendar year shall submit to the department the name and daytime telephone number including area code of each certified pool operator engaged by the owner to supervise the pool at the facility. The submission of this information shall occur as part of the self-certification in RSA 485-A:26-a.

(b) For facilities that begin operation after January 1, 2022, the information in subparagraph (a) shall be submitted prior to beginning operation.

History

• #10577, eff 5-1-14 (See Revision Note #2 at chapter heading for Env-Wq 1100); ss by #13198, eff 5-1-21 (see Revision Note #3 at chapter heading for Env-Wq 1100) (formerly Env-Wq 1111.03)

Chapter Env-Wq 1200 Winnipesaukee River Basin Program

Part Env-Wq 1201 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 1201.01 Purpose {#sec-env-wq-1201.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1201.01}

The purpose of these rules is to implement the program established by RSA 485-A:45-54.

History

• #1908, eff 1-6-82; ss by #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1201.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1201.02 Applicability {#sec-env-wq-1201.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1201.02}

These rules shall apply to the use by any person of the sewer system known as the Winnipesaukee river basin system.

History

• #1908, eff 1-6-82; ss by #2707, eff 5-15-84, EXPIRED: 5-15-84
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1201.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1201.03 Notifications {#sec-env-wq-1201.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1201.03}

Any notification required to be provided to the Winnipesaukee river basin program (WRBP) by this chapter shall be sent or delivered to the following address:

Winnipesaukee River Basin Program

Franklin Wastewater Treatment Facility

528 River Street

P.O. Box 68

Franklin, NH 03235

History

• #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

Part Env-Wq 1202 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1202.01 Administrator {#sec-env-wq-1202.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.01}

“Administrator” means the administrator of the WRBP bureau of the department.

History

• #1908, eff 1-6-82; ss by #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.02 Biochemical Oxygen Demand (BOD) {#sec-env-wq-1202.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.02}

“Biochemical Oxygen Demand (BOD)” means the quantity of oxygen used in the degradation of organic matter under standard laboratory procedure in 5 days at 20°C, expressed in milligrams per liter.

History

• #1908, eff 1-6-82; ss by #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.03 Board {#sec-env-wq-1202.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.03}

“Board” means the mechanical licensing board established pursuant to RSA 153:27-a.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.03); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.04 Building drain {#sec-env-wq-1202.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.04}

“Building drain” means the part of the lowest horizontal piping of a drainage system that receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the service connection beginning 5 feet outside the inner face of the building wall.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.04); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.05 Bypass {#sec-env-wq-1202.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.05}

“Bypass” means “bypass” as defined in RSA 485-A:2, XVII, as reprinted in Appendix B.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.05); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.06 Chemical oxygen demand (COD) {#sec-env-wq-1202.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.06}

“Chemical oxygen demand (COD)” means a measure of the oxygen equivalent of that portion of the organic matter on a sample that is susceptible to oxidation by a strong chemical oxidant.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.06); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.07 Combined sewer {#sec-env-wq-1202.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.07}

“Combined sewer” means a sewer intended to receive both wastewater and storm water or other surface water.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.07); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.08 Commercial discharge {#sec-env-wq-1202.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.08}

“Commercial discharge” means non-industrial wastewater and sewage discharged from commercial facilities including, but not limited to, auto and truck service facilities, car washes, hospitals, laboratories, machine shops, marinas, newspaper printing, photo processing centers, printing shops, restaurants, schools, supermarkets, convenience stores with food preparation, facilities or institutions with food preparation, and funeral homes.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.08); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.09 Commercial discharge permit (CDP) {#sec-env-wq-1202.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.09}

“Commercial discharge permit (CDP)” means a regulatory document issued by the WRBP designed to control the discharge of pollutants from commercial users into the public sewer as authorized in RSA 485-A:45-54.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.09); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.10 Community {#sec-env-wq-1202.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.10}

“Community” means any city or town that is included as part of, and is served by, the Winnipesaukee river basin system, including but not limited to portions of Laconia, Franklin, Meredith, Gilford, Tilton, Belmont, Northfield, Sanbornton, and the Bay District.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.10); ss by#9798-A, eff 10-9-10 (from Env-Wq 1202.09); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.11 Composite sample {#sec-env-wq-1202.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.11}

“Composite sample” means a collection of individual grab samples obtained at regular time or flow intervals.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.11); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.10); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.12 Contractor {#sec-env-wq-1202.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.12}

“Contractor” means an individual, partnership, or corporation and the agents and representatives thereof performing work or providing supplies under an established contract.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.12); ss by #9798, ef 10-9-10 (from Env-Wq 1202.11); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.13 Control manhole {#sec-env-wq-1202.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.13}

“Control manhole” means a structure through which industrial wastes can be monitored and sampled.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.13); ss by #9798, ef 10-9-10 (from Env-Wq 1202.12); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.14 Cooling water {#sec-env-wq-1202.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.14}

“Cooling water” means the clean wastewater from air conditioning, industrial cooling, condensing, and similar apparatus and from hydraulically-powered equipment that is sufficiently clean, uncontaminated, and unpolluted that it can be discharged, without treatment or purification, to a natural open stream or watercourse, subject to the conditions of an NPDES permit.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.14); ss by #9798, ef 10-9-10 (from Env-Wq 1202.13); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.15 Department {#sec-env-wq-1202.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.15}

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

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.15); ss by #9798, ef 10-9-10 (from Env-Wq 1202.14); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.16 Design-year usage {#sec-env-wq-1202.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.16}

“Design-year usage” means the method used by the WRBP to equitably apportion operations and maintenance, administrative, and replacement costs among communities.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.16); ss by #9798, ef 10-9-10 (from Env-Wq 1202.15); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.17 Fume toxicity screening level {#sec-env-wq-1202.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.17}

“Fume toxicity screening level” means the concentration of a pollutant in water that, in a confined environment and a standard temperature, would cause the concentration of the pollutant in the air over that water to exceed the exposure limit established for the protection of worker health and safety.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.17); ss by #9798, ef 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.18 Garbage {#sec-env-wq-1202.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.18}

“Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of foods.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.18); ss by #9798, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.19 Gallons per day (GPD) {#sec-env-wq-1202.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.19}

“Gallons per day (GPD)” means the standard measure of water or wastewater flow in a 24-hour period.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.19); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.20 Grab sample {#sec-env-wq-1202.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.20}

“Grab sample” means a sample that is taken from a waste stream without regard to the flow in the waste stream and over a period of time not to exceed 15 minutes.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.20); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.21 Grease {#sec-env-wq-1202.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.21}

“Grease” means volatile and non-volatile residual fats, oils, fatty acids, soaps, waxes, mineral oils, and other similar materials.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.21); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.22 Grit {#sec-env-wq-1202.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.22}

“Grit” means heavy inorganic matter such as stone, gravel, cinders, sand, silt, ashes, and heavy particulate matter such as bone chips and coffee grounds.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.22); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.23 Hauler {#sec-env-wq-1202.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.23}

“Hauler” means any person engaged in the removal or transportation of septage or holding tank wastes to a disposal site.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.23); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.24 Headworks {#sec-env-wq-1202.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.24}

“Headworks” means the portion of a wastewater treatment plant that first receives the total influent flow for initial treatment.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.24); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.25 Improved property {#sec-env-wq-1202.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.25}

“Improved property” means any real estate located within a community upon which there is erected a structure intended for continuous or periodic habitation, occupancy, or use by human beings or animals and from which structure sanitary sewage and/or industrial wastes are or can be discharged.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.25); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.26 Indirect discharge {#sec-env-wq-1202.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.26}

“Indirect discharge” means the introduction of pollutants into the POTW from any industrial source regulated under Section 307(b), (c), or (d) of the federal Clean Water Act, 33 U.S.C. 1251 et seq. (CWA).

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.26); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.27 Industrial discharge {#sec-env-wq-1202.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.27}

“Industrial discharge” means “industrial waste” as defined in RSA 485-A:2, VI, as reprinted in Appendix B. For purposes of these rules, “industrial discharge” does not include sewage.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.27); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.28 Industrial discharge permit (IDP) {#sec-env-wq-1202.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.28}

“Industrial discharge permit (IDP)” means a regulatory document issued by the WRBP designed to control the discharge of pollutants from industrial users into the public sewer as authorized by the provisions set forth in RSA 485-A:45-54 and its federal NPDES permit.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.28); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.29 Industrial user {#sec-env-wq-1202.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.29}

“Industrial user” means a person who discharges industrial wastes to the POTW.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.29); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.30 Inspector {#sec-env-wq-1202.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.30}

“Inspector” means the person or persons duly authorized by the community or the department, pursuant to RSA 485-A:45-54, to inspect and approve the installation of service connections and their connection to the sewage collection system.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.30); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.31 Interceptor sewer {#sec-env-wq-1202.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.31}

“Interceptor sewer” means a channel or sewer that serves to collect the flow from the sewage collection system.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.31); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.32 Interference {#sec-env-wq-1202.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.32}

“Interference” means a discharge that, alone or in conjunction with discharges by other sources:

(a) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal;

(b) Causes a violation of any requirement of the WRBP’s NPDES permit; or

(c) Prevents sewage sludge use or disposal in compliance with any of the following statutory/ regulatory provisions or permits issued thereunder, or any more stringent state or local regulations:

(1) Section 405 of the Clean Water Act;

(2) The Solid Waste Disposal Act, including Title II commonly referred to as RCRA;

(3) The Clean Air Act;

(4) The Toxic Substance Control Act;

(5) The Marine Protection, Research, and Sanctuaries Act;

(6) Standards for Sewage Use and Disposal, 40 CFR 503;

(7) Septage management rules, Env-Wq 1600;

(8) Sludge management rules, Env-Wq 800;

(9) Groundwater protection rules, Env-Wq 402, Env-Or 600, and Env-Or 700; and

(10) Solid waste rules, Env-Sw 100-2000, and hazardous waste rules, Env-Hw 100-1100.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.32); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.33 Local limit {#sec-env-wq-1202.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.33}

“Local limit” means a pollutant concentration that numerically limits the amount of each specified pollutant that can be discharged to the POTW in accordance with RSA 485-A:5, IV or 40 CFR 403.5(c).

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.33); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.34 Major interceptor {#sec-env-wq-1202.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.34}

“Major interceptor” means the sewer that serves to collect the flow from the sewage collection system and is owned and maintained by the WRBP.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.34); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.35 Medical/infectious waste {#sec-env-wq-1202.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.35}

“Medical/infectious waste” means “medical/infectious waste” as defined by RSA 125-N:2, VIII, as reprinted in Appendix B.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.35); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.36 North American Industrial Classification System (NAICS) {#sec-env-wq-1202.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.36}

“North American Industrial Classification System (NAICS)” means the system developed jointly by the United States, Canada, and Mexico to standardize industrial classifications.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.36); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.37 National Categorical Pretreatment Standard {#sec-env-wq-1202.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.37}

“National Categorical Pretreatment Standard” means any regulation that contains pollutant discharge limits promulgated by the U.S. Environmental Protection Agency (EPA) in accordance with Section 307(b) and (c) of the Clean Water Act that apply to a specific category of industrial users, found at 40 CFR Chapter I, Subchapter N, parts 405 through 471.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.37); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.38 Natural outlet {#sec-env-wq-1202.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.38}

“Natural outlet” means any discharge, including storm drains and combined sewer overflows, into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.38); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.39 Noncontact cooling water {#sec-env-wq-1202.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.39}

“Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.39); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.40 National pollution discharge elimination system (NPDES) {#sec-env-wq-1202.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.40}

“National pollution discharge elimination system (NPDES)” means a regulatory program implemented by EPA through the issuance of NPDES permits that are designed to control the discharge of pollutants from point sources into the waters of the United States.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.40); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.41 Operator {#sec-env-wq-1202.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.41}

“Operator” means “operator” as defined in RSA 485-A:2, VII-a, as reprinted in Appendix B.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.41); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.42 Other wastes {#sec-env-wq-1202.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.42}

“Other wastes” means “other wastes” as defined in RSA 485-A:2, VIII, as reprinted in Appendix B.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.42); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.43 Pass through {#sec-env-wq-1202.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.43}

“Pass through” means the discharge of pollutants through the POTW into surface waters in quantities or concentrations that, alone or in conjunction with discharges from other sources, causes a violation of any requirement of the WRBP’s NPDES permit, including an increase in the magnitude or duration of a violation of applicable water quality criteria.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.43); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.44 Permittee {#sec-env-wq-1202.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.44}

“Permittee” means any individual, partnership, corporation, trust, or other entity to whom an IDP or CDP has been issued by the department.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.44); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.45 Person {#sec-env-wq-1202.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.45}

“Person” means “person” as defined in RSA 485-A:2, IX, as reprinted in Appendix B.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.45); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.46 pH {#sec-env-wq-1202.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.46}

“pH” means the logarithm of the reciprocal of the concentration of hydrogen ions in gram equivalents per liter of solution.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.46); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.47 Pharmaceutical waste {#sec-env-wq-1202.47 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.47}

“Pharmaceutical waste” means a prescription drug, as defined by RSA 318:1, XVII, or a nonprescription or proprietary medicine, as defined by RSA 318:1, XVIII, that is no longer suitable for its intended purpose.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.47); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.48 Pollutant {#sec-env-wq-1202.48 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.48}

“Pollutant” means “pollutant” as defined in 40 CFR 122.2, as reprinted in Appendix C.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.48); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.47); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.49 Pretreatment {#sec-env-wq-1202.49 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.49}

“Pretreatment” means the application of physical, chemical, or biological processes, or any combination thereof, other than dilution, to reduce the amount of pollutants in or alter the nature of the pollutant property in a waste prior to discharging such waste into a publicly owned treatment works.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.49); ss by #9798-A, eff 10-9-10 (Env-Wq 1202.48); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.50 Pretreatment requirement {#sec-env-wq-1202.50 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.50}

“Pretreatment requirement” means any substantive or procedural requirement related to pretreatment imposed on an industrial user, other than a pretreatment standard.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.50); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.49); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.51 Pretreatment standards {#sec-env-wq-1202.51 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.51}

“Pretreatment standards” means the numerical limits established in Env-Wq 1203.12(c)(8), standards specified in 40 CFR Chapter I, Subchapter N, Parts 405-471, and any standards established pursuant to RSA 485-A:5 in Env-Wq 305.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.51); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.50); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.52 Properly shredded garbage {#sec-env-wq-1202.52 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.52}

“Properly shredded garbage” means garbage that has been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than ½ inch in any dimension.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.52); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.49); ss by #9798-A, eff 10-9-10); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.53 Property owner {#sec-env-wq-1202.53 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.53}

“Property owner” means any person vested with legal or equitable ownership of any improved property.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.53); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.54 Public sewer {#sec-env-wq-1202.54 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.54}

“Public sewer” means a sewer controlled by public authority and in which all owners of abutting properties have equal rights.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.54); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.55 Publicly owned treatment works (POTW) {#sec-env-wq-1202.55 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.55}

“Publicly owned treatment works (POTW)” means a “treatment works” as defined by Section 212 of the Clean Water Act, the components of which are owned by the department or a community. The term includes, but is not necessarily limited to, the WRBP treatment plant, major interceptor, interceptor sewers, pumping stations, any conduits that convey wastewater to the treatment plant, appurtenant facilities essential to the operation of the entire system, and any other devices or systems used in the collection, storage, treatment, recycling or reclamation of sewage or industrial wastes of a liquid nature.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.55); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.56 Radiological waste {#sec-env-wq-1202.56 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.56}

“Radiological waste” means low-level radioactive waste as regulated by RSA 125-F.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.56); ss by #9798-A, eff 10-2-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.57 Screening level {#sec-env-wq-1202.57 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.57}

“Screening level” means the concentration of a pollutant in water that would cause a threat to personnel exposed to the pollutant, or would cause a threat to the structures of the POTW.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.57); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.56); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.58 Septage {#sec-env-wq-1202.58 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.58}

“Septage” means “septage” as defined by RSA 485-A:2, IX-a, as reprinted in Appendix B.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.58); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.57); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.59 Service connection {#sec-env-wq-1202.59 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.59}

“Service connection” means the line maintained by the wastewater generator that connects the wastewater generator to the sewage collection system, through a wet well low-pressure pump system or a gravity service tap.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.59); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.58); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.60 Severe property damage {#sec-env-wq-1202.60 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.60}

“Severe property damage” means substantial physical damage to property, damage to the treatment facilities that causes them to become inoperable, or substantial and permanent loss of natural resources that can reasonably be expected to occur in the absence of a bypass. The term does not include economic loss caused by delays in production.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.60); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.59); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.61 Sewage {#sec-env-wq-1202.61 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.61}

“Sewage” means “sewage” as defined in RSA 485-A:2, X, as reprinted in Appendix B.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.61); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.60); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.62 Sewage collection system {#sec-env-wq-1202.62 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.62}

“Sewage collection system” means the common sewers and facilities that are primarily installed to collect and pump wastewaters to a treatment plant.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.62); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.61); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.63 Sewer {#sec-env-wq-1202.63 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.63}

“Sewer” means a conduit designed to carry liquid and water-carried wastes from structures such as residences, commercial buildings, industrial plants, and institutions, and includes sewer appurtenances as defined in Env-Wq 700.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.63); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.62); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.64 Significant industrial user (SIU) {#sec-env-wq-1202.64 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.64}

“Significant industrial user (SIU)” means “significant industrial user” as defined in 40 CFR 403.3(v), as reprinted in Appendix C.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.64); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.63); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.65 Significant noncompliance (SNC) {#sec-env-wq-1202.65 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.65}

“Significant noncompliance (SNC)” means an industrial user that meets one or more of the criteria specified in 40 CFR 403.8(f)(2)(viii).

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.65); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.64); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.66 Slug discharge {#sec-env-wq-1202.66 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.66}

“Slug discharge” means any discharge of water or wastewater in which the concentration of any given pollutant or the quantity of flow exceeds, for any period of duration longer than 15 minutes, more than 5 times the average 24-hour concentration or flow during normal operation, or that adversely affects the POTW.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.66); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.65); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.67 Standard laboratory procedure {#sec-env-wq-1202.67 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.67}

“Standard laboratory procedure” means an EPA-approved method published in 40 CFR 136 or a method approved for use pursuant to Env-C 300.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.67); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.66); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.68 State {#sec-env-wq-1202.68 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.68}

“State” means the state of New Hampshire.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.68); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.67); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.69 State plumbing rules {#sec-env-wq-1202.69 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.69}

“State plumbing rules” means rules adopted by the board pursuant to RSA 153:28.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.69); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.68); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.70 Storm drain {#sec-env-wq-1202.70 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.70}

“Storm drain” means a conduit that carries storm or other surface water or cooling water, but not sanitary sewage or industrial process wastes.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.70); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.69); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.71 Suspended solids {#sec-env-wq-1202.71 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.71}

“Suspended solids” means solids that either float on the surface of, or are in suspension in, water, sewage, or other liquids, and that are removable by laboratory filtering.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.71); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.70); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.72 Traps {#sec-env-wq-1202.72 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.72}

“Traps” means intercepting devices, such as grease traps, oil separators, or grit removal chambers, located at the source and placed in the building drain prior to discharge to the sewage collection system. The term includes “oil and grease interceptors”.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.72); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.71); ss by#12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.73 Treatment plant {#sec-env-wq-1202.73 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.73}

“Treatment plant” means “wastewater treatment plant” as defined by RSA 485-A: XVI-a, as reprinted in Appendix B.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.73); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.72); ss by#12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.74 Upset {#sec-env-wq-1202.74 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.74}

“Upset” means “upset” as defined in RSA 485-A:XVIII, as reprinted in Appendix B. The term does not include noncompliance to the extent it is caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.74); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.73); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.75 Watercourse {#sec-env-wq-1202.75 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.75}

“Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.75); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.74); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.76 Winnipesaukee river basin program (WRBP) {#sec-env-wq-1202.76 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.76}

“Winnipesaukee river basin program (WRBP)” means an operating bureau of the department charged with implementing RSA 485-A:45-54.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.76); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.75); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.77 WRBP approval {#sec-env-wq-1202.77 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.77}

“WRBP approval” means the approval of the WRBP administrator or designee.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.77); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.76); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.78 WRBP system {#sec-env-wq-1202.78 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.78}

“WRBP system” means that portion of the POTW that is owned by the WRBP, including the treatment plant, major interceptors, interceptor sewers, pumping stations, and appurtenant facilities essential to the operation of the system.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1202.78); ss by #9798-A, eff 10-9-10 (from Env-Wq 1202.77); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1202.79 Unpolluted water {#sec-env-wq-1202.79 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1202.79}

“Unpolluted water” means water that would not cause a violation of receiving water quality standards and would not be benefited by discharge to a sewerage collection system or POTW.

History

• #9798-A, eff 10-9-10 (from Env-Wq 1202.78); ss by #12739, eff 3-19-19

Part Env-Wq 1203 Sewer Use Rules

N.H. Code Admin. R. Ann. Env-Wq 1203.01 Permit Required Prior to Disturbing Public Sewers {#sec-env-wq-1203.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.01}

(a) Subject to (b), below, no person shall uncover, connect with, make any opening into or use, alter, or disturb in any manner any public sewer or any part of the sewer or service connection without first obtaining a written connection permit from the community in which the sewer is located.

(b) In the event that a proposed connection is directly to the WRBP system, the applicant shall obtain a WRBP connection permit application from the community and submit it to the WRBP in accordance with Env-Wq 1203.03.

History

• #1908, eff 1-6-82; ss by #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.02 Required Connection to Public Sewers; Discontinuance of Other Systems {#sec-env-wq-1203.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.02}

(a) Pursuant to RSA 147, RSA 485-A, and any other relevant statutory authority, the owner of any improved property that is not connected to a public sewer but to which any public sewer is available shall connect such improved property within the time outlined in law or the community’s ordinances, as applicable, unless a waiver is granted by the community pursuant to RSA 147:8.

(b) Connection to the public sewer shall be for the purpose of discharging all sewage, commercial discharges, and industrial discharges from improved property into the sewage collection system, subject to limitations and restrictions as established in these rules, by the community, or Env-Wq 700.

(c) Each property owner connecting to the public sewer shall, within the same time limit, cease and desist from all further discharge of sewage, commercial discharges, and industrial discharges into any other conduit or pre-existing system, whether privately or publicly owned.

(d) As specified in RSA 147:8, a public sewer shall be deemed available to improved property if such improved property is within 100 feet of the public sewer, measured from the closest part of any structure that contains plumbing on the improved property along or across the shortest available alignment to the center line of the sewage collection system, unless a greater distance as has been specified by community code or ordinance as authorized by RSA 485-A:45, V.

(e) Subject to (f) and (g), below, no privy, vault, cesspool, sinkhole, septic tank, or similar receptacle shall be used or maintained at any time upon any improved property that has been connected to a public sewer or that is required by (a), above, to be connected to a public sewer.

(f) In the case where a building drain connected to a septic tank on any improved property is at an elevation that is too low to permit gravity flow to the public sewer, the septic tank or similar receptacle may be used and shall be retrofitted with a submersible sewage pump.

(g) If the retrofit of a septic tank or similar receptacle is allowed by (f), above, the receptacle shall conform to:

(1) The requirements of the community’s building and plumbing codes, or other applicable rules, regulations, and ordinances of the community; and

(2) The applicable requirements of this chapter and Env-Wq 700.

(h) Receptacles prohibited by (e), above, shall be abandoned and filled with non-liquid material that will prevent any further use of the receptacle, such as sand, gravel, or concrete.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.02); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.01); ss by#12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.03 Connection to WRBP System {#sec-env-wq-1203.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.03}

(a) The applicant for a permit to connect to the WRBP system shall provide the following to the WRBP on or with a “Connection Permit Application” form obtained from the WRBP:

(1) The name, mailing address, email address, and daytime telephone number of the applicant;

(2) The location where the connection to the WRBP system is to be made including:

a. Street address;

b. Tax map and lot number ; and

c. A description of the approximate location on the interceptor where the connection will be made;

(3) The name and contact information, including a mailing address and daytime telephone number, of the primary construction site contact person, if other than the applicant;

(4) The estimated date of service connection;

(5) The name, mailing address, email address, and daytime telephone number of:

a. The contractor installing the service connection;

b. If necessary, the contractor coring the interceptor;

(6) The signature of the applicant’s authorized representative, as specified in Env-Wq 1205.08;

(7) The title, if applicable, of the applicant’s authorized representative;

(8) The certification specified in Env-Wq 1205.09;

(9) The date of the application;

(10) Plans or drawings showing the details of the service connections; and

(11) The approval of an authorized community official, including:

a. The name, title, and signature of the community official approving the application; and

b. The date of approval.

(b) The WRBP shall approve the application and issue a connection permit if it determines that:

(1) The information submitted pursuant to (a), above, is complete and appears to be accurate; and

(2) If constructed and operated as specified in the application, the connection and discharge will comply with all applicable requirements of these rules and Env-Wq 700.

(c) Costs for labor or material incurred by the WRBP or the community during the process of connection to the sewer shall be borne by the property owner, in accordance with RSA 149-I:7 and RSA 485-A:48.

(d) Not less than 48 hours in advance of the time any connection is to be made to any public sewer or WRBP interceptor, the person to whom the service connection permit was issued shall notify the community and the WRBP that the service connection is ready for inspection, testing, and connection to the public sewer or WRBP interceptor.

(e) The connection and testing of the service connection to the WRBP system shall be made only under the supervision of, and in the presence of, an inspector from the community who shall complete the permit application section regarding the exact date, location and description of the connection, including GPS coordinates, and return the completed form to the WRBP and provide a copy to the community.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.03); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.07); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.04 Prohibited Connections {#sec-env-wq-1203.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.04}

(a) No person shall connect roof down-spouts, exterior or interior foundation drains, or other sources of surface water run-off or groundwater directly or indirectly to a public sewer.

(b) No person shall connect building floor drains directly or indirectly to a public sewer, unless all discharges from the floor drains will be pretreated in accordance with all applicable federal, state, and local requirements.

(c) No connection shall be made to any force main within the WRBP system.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.04); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.05 Construction, Installation, and Connection of Service Connections {#sec-env-wq-1203.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.05}

(a) Subject to (b), below, each building on an improved property shall be served by its own service connection.

(b) If one building stands at the rear of another such that no private or public sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the service connection from the front building may be extended to the rear building and the whole considered as one service connection, provided that the approval of the community is obtained in writing prior to connecting.

(c) Existing service connections may be used to connect with new buildings only when they are found, on examination and test by the community, to meet all requirements of these rules.

(d) Subject to (e), below, the size, slope, alignment, and materials of construction of a service connection and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench shall conform to the requirements of the building and plumbing codes or other applicable rules, regulations or ordinance of the community, this chapter, or Env-Wq 700.

(e) In the absence of code provisions or in amplification thereof, the design, construction, and testing specified in (d), above, shall be as set forth in the applicable specifications of “Gravity Sanitary Sewer Design and Construction”, Manual of Practice No. FD-5, Second Edition, 2007, published by the American Society of Civil Engineers (ASCE) and the Water Environment Federation (WEF), available as noted in Appendix D.

(f) The construction and connection of the service connection into the public sewer shall conform to the requirements of the building code, state plumbing code, and other applicable rules, regulations and ordinances of the community and in Env-Wq 700.

(g) Whenever possible, the service connection shall be brought to the point of connection with the building drain at an elevation below the lowest floor of the building. In all buildings in which the elevation of any building drain is too low to permit gravity flow to the public sewer, sewage carried by such building drain shall be lifted and discharged to the service connection by means approved by the community and at the property owner’s expense.

(h) Every excavation for a service connection shall be guarded with barricades and lights to protect all persons from damage or injury. Streets, sidewalks, parkways, and other public or state property disturbed in the course of work on a service connection shall be restored in a manner satisfactory to the public entity that owns the property.

(i) Construction of the service connection shall be the responsibility of the owner of the improved property.

(j) All sewer connections shall be made gas-tight and watertight and verified by proper testing. The scheduling of pressure and leakage tests for sewers shall be made in accordance with the test methods and procedures as described by the pipe manufacturer or the department standards in Env-Wq 700. Any deviation from the prescribed procedures and materials shall be approved by the community and the department before installation.

(k) The service connection shall be tested for infiltration/exfiltration according to applicable provisions of Env-Wq 700 or the requirements of the community’s ordinances.

(l) No service connection shall be covered until after it has been inspected and approved by an inspector, as defined in Env-Wq 1202. If any part of the service connection is covered before being inspected and approved, it shall be uncovered for inspection at the cost and expense of the property owner of the improved property to be connected to the public sewer, in accordance with RSA 149-I:7.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.05); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.02); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.06 Control Manholes {#sec-env-wq-1203.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.06}

(a) A property owner discharging industrial wastes through a service connection shall install a control manhole, together with such meters and other appurtenances in the service connection as are needed to facilitate observation, sampling, and measurement of wastes.

(b) The control manhole, including all monitoring and sampling equipment, shall be:

(1) Accessible at all times;

(2) Safely located; and

(3) Installed and maintained by the property owner at the property owner’s expense.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.06); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.03); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.07 Traps Required {#sec-env-wq-1203.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.07}

(a) Subject to (b), below, the user of the service connection shall install a grease, oil, or sand trap whenever necessary to prevent grease, oil, and sand from entering the POTW.

(b) Grease, oil, and sand traps shall not be required for private living quarters or individual dwelling units.

(c) Each trap shall be:

(1) Of a type and capacity suitable for its intended use; and

(2) Readily accessible for cleaning and inspection.

(d) The property owner shall be responsible for the proper removal and disposal of all captured materials in accordance with all applicable local, state, and federal requirements.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.07); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.05); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.08 Responsibility for Maintaining Service Connections {#sec-env-wq-1203.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.08}

The property owner shall maintain, repair, or replace each service connection for each improved property so as to ensure that the service connection functions in a sanitary and safe operating condition.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.08); ss by #9798-A, eff 10-9-10 (from Env-Ws 1203.06); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.09 New or Modified Discharges to the POTW {#sec-env-wq-1203.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.09}

(a) Any person proposing a new discharge or an increase of more than 20 percent beyond limits previously permitted in the volume or character of pollutants that are being discharged to the POTW shall notify the community within the time limit established by the community ordinance prior to the proposed change or connection.

(b) Any person proposing any of the following new discharges shall apply to the department for approval in accordance with Env-Wq 703.07:

(1) Any extension of a collector or interceptor, whether public or private, regardless of flow;

(2) Any wastewater connection or other discharge in excess of 5,000 gpd;

(3) Any wastewater connection or other discharge to a WWTP operating in excess of 80 percent design flow capacity based on actual average flow for 3 consecutive months;

(4) Any industrial wastewater connection or change in existing discharge of industrial wastewater, regardless of quality or quantity; and

(5) Any sewage pumping station greater than 50 gpm or serving more than one building.

(c) Any person discharging industrial wastes to the POTW shall comply with all applicable federal, state, and local pretreatment requirements, including the requirements of Env-Wq 1205 and in particular Env-Wq 1205.02(a) relative to significant industrial users.

(d) No person shall discharge any commercial waste without first obtaining a commercial discharge permit from the WRBP in accordance with Env-Wq 1206.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.09); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.04); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.10 Disposal of Septic Tank Wastes {#sec-env-wq-1203.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.10}

(a) Septage or holding tank wastes shall be discharged to the WRBP system only by a person who:

(1) Holds a current, valid septage hauler permit issued by the department pursuant to Env-Wq 1605 for which the WRBP has signed a certification required by Env-Wq 1605.01(c); and

(2) Complies with all requirements of this section.

(b) A septage hauler permit shall be considered current and valid if the permit has not expired and has not been suspended or revoked or otherwise surrendered.

(c) Upon receipt of a septage hauler permit and prior to discharging any wastes to the WRBP system, the septage hauler shall provide a copy of the septage hauler permit issued by the department to the WRBP.

(d) The septage hauler shall notify the WRBP of any renewal or other change in the status of the permit, including suspension or revocation. If the permit is renewed, the septage hauler shall provide a copy of the renewed permit to the WRBP.

(e) Septage and holding tank wastes shall be accepted into the WRBP system only at the WRBP treatment plant’s designated septage receiving area during the hours designated for receipt of such wastes.

(f) The WRBP shall limit the disposal of such wastes if such disposal might result in:

(1) Pass through;

(2) Interference with the treatment plant operation; or

(3) Endangerment of the health and welfare of the WRBP treatment plant staff.

(g) No toxic wastes, oil, grease in amounts that would cause interference, or chemicals that would cause interference shall be discharged at the septage receiving areas.

(h) The septage hauler shall provide the following information on a septage discharge receipt form at the time of each discharge of waste:

(1) The name and address of the pumping firm;

(2) The septage hauler plate number, driver’s name, and tank volume;

(3) The source of the load, name and telephone number of client, and town of origin;

(4) The fee to be paid for discharging the load; and

(5) The date and time of discharge.

(i) If the WRBP receives information suggesting that a septage hauler authorized to discharge has submitted false information to the WRBP or the department, failed to comply with the provisions of this section, or violated any other provision of RSA 485-A or Env-Wq 1600 relative to septage disposal, the WRBP shall:

(1) Proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 applicable to adjudicative proceedings to revoke the discharge authorization if:

a. The discharge harmed, or posed a significant threat of harm to, the WRBP treatment plant or staff; or

b. The septage hauler is a chronic non-complier as defined in Env-C 209;

(2) Proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 applicable to adjudicative proceedings to suspend the discharge authorization if the criteria for revocation are not met; and

(3) Request the commissioner of the department to fine the hauler in accordance with RSA 485-A:54, V or RSA 485-A:22, V, as applicable, and the rules in Env-C 200 and Env-C 600 if as a result of the violation the hauler realized an economic benefit that can be calculated.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.10); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.08); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.11 Discharges of Stormwater and Cooling Water {#sec-env-wq-1203.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.11}

(a) Storm water shall be discharged to such storm drain(s) or natural outlet(s) as are specifically approved by the local authority having jurisdiction over such discharges.

(b) Subject to (c), below, prior to discharging any industrial cooling water or process waters to a storm drain or natural outlet, the person generating the discharge shall obtain an NPDES permit from EPA.

(c) If the industrial cooling water or process waters does not meet the established NH water quality standards in Env-Wq 1703 for discharge to a storm drain, the person generating the discharge shall apply for a permit to discharge to the WRBP system.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1203.11); ss by #9798-A, eff 10-9-10 (from Env-Wq 1203.09); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.12 Prohibited Discharges {#sec-env-wq-1203.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.12}

(a) No person shall discharge, or cause or allow to be discharged, to the POTW any stormwater or other surface water, groundwater, roof run-off, sub-surface drainage, uncontaminated cooling water, or unpolluted industrial process waters.

(b) No person shall discharge, or cause or allow to be discharged, any substances, materials, waters, or wastes to the POTW that could:

(1) Damage the POTW or any equipment or other appurtenances associated with the POTW;

(2) Pass through or interfere with the operation or performance of the WRBP treatment plant;

(3) Cause the WRBP to violate either Env-Wq 1703 or its NPDES permit;

(4) Have an adverse effect on the receiving stream;

(5) Endanger the health and welfare of the WRBP staff; or

(6) Otherwise endanger public health, safety, or property or constitute a nuisance.

(c) Examples of discharges prohibited by (b), above, shall include the following:

(1) Any gasoline, benzene, naptha, fuel, oil, or other flammable or explosive liquid, solid, or gas;

(2) Any industrial wastes, including oxygen-demanding wastes, at any flow rate or concentration or combination thereof that would:

a. Cause interference with the POTW;

b. Constitute a hazard to humans or animals;

c. Create a public nuisance; or

d. Exceed any applicable national categorical pretreatment standard or local limit;

(3) Any waters or wastes having a pH lower than 5.5 or higher than 12.0 or having any other corrosive property capable of causing damage or hazard to structural components, equipment, or personnel of the POTW;

(4) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewer system such as, but not limited to:

a. Ashes;

b. Cinders;

c. Sand;

d. Mud;

e. Straw;

f. Shavings;

g. Metal;

h. Glass;

i. Rags;

j. Feathers;

k. Tar;

l. Plastics;

m. Wood;

n. Unground garbage;

o. Whole blood;

p. Paunch manure;

q. Hair and fleshings;

r. Entrails; and

s. Paper dishes, cups, or milk containers;

(5) Any liquid or vapor having a temperature higher than 150°F, or otherwise sufficiently hot to cause damage to the POTW or to cause the influent at the WRBP treatment plant headworks to exceed 104°F or cause inhibition of biological activity in the treatment plant;

(6) Any water or wastes containing fats, wax, grease, or oils, whether or not emulsified, in excess of 250 milligrams per liter (mg/L) for animal/vegetable origin and 50 mg/L for petroleum oil, nonbiodegradable oils, and products of mineral origin;

(7) Any waters or wastes containing heavy metals, solvents, or toxic substances to such degree that any such material discharged to the public sewer exceeds the limits established by the community, the department, or the EPA for such materials pursuant to requirements in 40 CFR 403;

(8) Any pollutant exceeding the local limits for maximum daily concentration specified in Table 1201-1 below:

Table 1201-1 - Local Limits

Pollutant

Maximum Daily Concentration (mg/L)

Aluminum

125

Arsenic

0.23

Cadmium

0.03

Chloride

9100

Chromium

3.30

Copper

1.40

Cyanide

0.45

Iron

25.0

Lead

0.85

Manganese

5.00

Mercury

0.025

Molybdenum

0.38

Nickel

1.00

Selenium

0.18

Silver

0.40

Zinc

5.85

(9) Any discharge of pollutants exceeding the fume toxicity screening limits in accordance with 40 CFR 403.5(b);

(10) Any medical/infectious waste, pharmaceutical waste, or radiological waste except as specifically authorized in a discharge permit;

(11) Any slurry solutions of suspended or dissolved inert materials;

(12) Any solutions of dissolved inert materials, such as, but not limited to:

a. Sodium chloride; and

b. Sodium sulfate;

(13) Any materials that exert or cause:

a. Discoloration such as is caused by dye wastes and vegetable tanning solutions;

b. BOD, chemical oxygen demand, or chlorine requirements in such quantities as to constitute an impact on the WRBP treatment plant;

c. A volume of flow or concentration of wastes or both constituting a slug discharge; or

d. Odors.

(14) Waters or wastes containing substances that are not amenable to treatment or reduction by the sewage treatment processes employed, or are amenable to treatment only to such degree that the WRBP treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over the WRBP treatment plant’s discharge to receiving waters;

(15) Garbage that has not been properly shredded;

(16) Waters or wastes that, by interaction with other water or wastes in the POTW:

a. Release dangerous or noxious gases;

b. Form suspended solids that interfere with the operation of the collection system; or

c. Create a condition deleterious to structures and treatment processes; or

(17) Any hazardous waste listed or designated by the department under Env-Hw 400.

(d) No person shall meet or attempt to meet requirements of these sewer rules by diluting wastes.

(e) The WRBP and the community shall, through applicable legal processes, set limitations lower than the limitations established in (c)(8), above, if more stringent limitations are necessary to meet applicable federal and state laws.

History

• #9798-A, eff 10-9-10 (from Env-Wq 1203.09); ss by #12739, eff 3-19-19; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.13 Approval of Special Discharges of Limited Duration {#sec-env-wq-1203.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.13}

(a) Any person proposing to discharge, as a one-time or otherwise limited duration discharge, waters or wastes to the public sewers that contain the substances or possess the characteristics enumerated in Env-Wq 1203.12(a)-(c) and that might have a deleterious effect upon the POTW, processes, equipment, or receiving waters, or that might otherwise create a hazard to life or constitute a public nuisance, shall request permission from the WRBP prior to discharging the waters or waste.

(b) To request permission to discharge, the person shall provide the following information:

(1) The nature of the waters or wastes to be discharged;

(2) The estimated duration of the discharge; and

(3) The anticipated start of the discharge.

(c) If necessary to fully characterize the proposed discharge, the person shall provide:

(1) The discharge peak rate and volume over a specified time period;

(2) Chemical analyses of the proposed discharge;

(3) A line diagram of the production process showing the origin of each waste stream;

(4) A listing of all chemicals used in the facility that could be discharged to the sewer;

(5) A plot plan of sewers on the user’s property showing sewer and pretreatment facility location;

(6) Details of wastewater pretreatment facilities; and

(7) Details of systems established by the user to prevent and control the losses of materials through spills to the public sewer or storm drain.

(d) The WRBP shall deny the request unless it determines that the proposed discharge:

(1) Will not cause a significant adverse impact to receiving waters or to the POTW, community or WRBP personnel;

(2) Is not likely to create a hazard to life or constitute a public nuisance; and

(3) Could be treated to alleviate the adverse impact.

(e) If the WRBP determines that the criteria specified in (d), above, are met, the WRBP shall grant the request, subject to any conditions as are necessary to minimize any adverse impact, such as restricting the rate or timing of discharge or requiring pretreatment of the discharge.

(f) If the WRBP accepts the discharge but determines that the discharge will cause the community or WRBP to incur additional expenses as a result of the discharge, the WRBP shall not accept the discharge unless the person pays the added cost of handling and treating the wastes.

History

• #9798-A, eff 10-9-10 (from Env-Wq 1203.10); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1203.14 Conflict with Community Ordinance {#sec-env-wq-1203.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1203.14}

(a) In any case where a provision of Env-Wq 1200 conflicts with a provision of a community’s ordinance or code, the provision that establishes the higher standard for the promotion and protection of the environment, the POTW, and public health and safety shall prevail.

(b) In the case of a dispute concerning interpretation or application of Env-Wq 1200 or a conflict with community codes or ordinances, the dispute shall be treated as a contested case under RSA 541-A.

History

• #9798-A, eff 10-9-10 (from Env-Wq 1203.11); ss by #12739, eff 3-19-19

Part Env-Wq 1204 Charges and Billing Procedures

N.H. Code Admin. R. Ann. Env-Wq 1204.01 Purpose and Scope {#sec-env-wq-1204.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.01}

These rules are intended to implement RSA 485-A:50 by providing an equitable means of distributing the cost of administering the WRBP and the cost of operation,

maintenance, and replacement of the WRBP system to communities within the WRBP.

History

• #1908, eff 1-6-82; ss by #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.02 Operation and Maintenance Charges {#sec-env-wq-1204.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.02}

(a) Operation and maintenance charges to the communities shall consist of the sum of the following charges:

(1) Volume charge based upon measured or approximated gallons of waste generated in the community during the billing period; and

(2) Sewage concentration surcharge based upon the weight of suspended solids or BOD exceeding the weight of suspended solids or BOD if the concentrations of these constituents from a permitted industrial user averaged over a 24-hour period is greater than 250 mg/L.

(b) Interceptor maintenance charges are based upon the measured or approximated gallons of sewage per mile of interceptor sewer from point of entry into the WRBP treatment plant.

(c) Pumping charges shall be based upon the measured or approximated gallons of waste pumped through each WRBP pumping station.

(d) Metering and access charges shall be based upon measured or approximated gallons of flow entering the WRBP system through metering stations or directly to a WRBP interceptor.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.03 Administrative Charges {#sec-env-wq-1204.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.03}

(a) In accordance with RSA 485-A:50, administrative costs for the WRBP shall be assessed to each community based on its projected design-year usage of the WRBP system.

(b) In the event that additional communities enter the WRBP, administrative charge assessments shall be modified to reflect those communities’ projected design-year usage of the WRBP system in accordance with RSA 485-A:51, VII.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.03); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.04 Replacement Charge {#sec-env-wq-1204.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.04}

To provide for repair and replacement of those components

of the WRBP system for which the repair or replacement cost cannot be absorbed as a regular budgetary item, a non-lapsing sinking fund shall be capitalized by contributions from member communities in accordance with RSA 485-A:51.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.04); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.05 Septage Charge {#sec-env-wq-1204.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.05}

(a) All septage haulers authorized to use the WRBP treatment plant for the disposal of septage and holding tank wastes shall annually pay a fee of $100 to the WRBP to defray the administrative costs of the septage program.

(b) In accordance with RSA 485-A:48 and RSA 149-I:8, the per gallon charge for septage shall be based upon measured volume and concentration of such material. Treatment charges to any septage hauler shall be based on actual gallons of septage discharged at the designated septage receiving area, with a minimum charge based on the size of the truck tank or a 1,000 gallon load, whichever is smaller.

(c) In accordance with RSA 485-A:48 and RSA 149-I:8, the per gallon charge for holding tank wastes shall be based upon measured volume and concentration of such material. Treatment charges to any septage hauler shall be based on actual gallons of holding tank wastes discharged at the designated receiving area, with a minimum charge based on the size of the tank truck or a 1,000 gallon load, whichever is smaller.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.05); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.06 Industrial User Charges {#sec-env-wq-1204.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.06}

All industrial users holding IDPs shall annually pay a fee of $1,200 to the WRBP to defray the administrative costs of the industrial discharge permit program outlined in Env-Wq 1205.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.06); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.07 Community Assessments for Operation and Maintenance {#sec-env-wq-1204.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.07}

(a) Assessments for operation and maintenance shall be billed in accordance with RSA 485-A:50, as described in (b) through (e), below.

(b) At the beginning of each fiscal year, the WRBP shall prepare an estimate of each community’s share of charges for operation and maintenance as described in Env-Wq 1204.02, based upon the estimated budget for operation and maintenance costs for the WRBP for that fiscal year and each community’s proportional share of that budget.

(c) The WRBP shall send bills for estimated operation and maintenance charges quarterly to each community.

(d) Bills sent pursuant to (c), above, shall be due and payable upon receipt by the community.

(e) Annual adjustments to operation and maintenance charges shall be made as specified in Env-Wq 1204.10.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.07); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.08 Community Assessments for Administrative Charges {#sec-env-wq-1204.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.08}

(a) Assessments for administrative charges shall be billed in accordance with RSA 485-A:50, as described in (b) through (e), below.

(b) At the beginning of each fiscal year, the WRBP shall prepare an estimate of each community’s share of administrative costs as described in Env-Wq 1204.03, based upon the estimated budget for administrative costs for the WRBP for that fiscal year and each member’s estimated share of that budget.

(c) The WRBP shall send bills for estimated administrative charges quarterly to each community.

(d) Bills sent pursuant to (c), above, shall be due and payable upon receipt by the community.

(e) Annual adjustments to administrative charges shall be made as specified in Env-Wq 1204.10.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1204.08); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.09 Community Assessments for Replacement Charges {#sec-env-wq-1204.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.09}

(a) Replacement charges shall be assessed as specified in (b) through (e), below.

(b) At the beginning of each fiscal year, the WRBP shall prepare an estimate of each community’s share of any replacement costs, as described in Env-Wq 1204.03, due or expected to be due in that fiscal year.

(c) The WRBP shall send bills for replacement charges in the second quarter of each fiscal year to each community.

(d) Bills sent pursuant to (c), above, shall be due and payable upon receipt.

(e) Annual adjustments to replacement charges shall be made as specified in Env-Wq 1204.10.

History

• #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.10 Annual Adjustments to Community Assessments {#sec-env-wq-1204.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.10}

(a) At the close of each fiscal year, the WRBP shall calculate the total actual operation and maintenance, administrative, and replacement charges based on actual expenditures for the WRBP and measured or approximated flows.

(b) If the total amount paid by a community during a fiscal year exceeds the community’s share of the actual expenses, the WRBP shall apply a credit in the amount of the over payment to the bill sent to the community during the second quarter of the next fiscal year.

(c) If the total amount paid by a community during a fiscal year is less than the community’s share of

the actual expenses, the WRBP shall add an additional charge in the amount of the under payment to the bill sent during the second quarter of the next fiscal year.

History

• #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1204.11 Application Review Charges {#sec-env-wq-1204.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1204.11}

(a) A one-time fee of $200 shall be charged to persons proposing a direct connection to the WRBP system, to cover both WRBP review of the connection request and WRBP inspection of the materials and methods of the connection.

(b) A one-time fee of $75 shall be charged to persons submitting a discharge permit request application, to cover the WRBP’s review of the discharge request to ensure that it complies with department rules governing such discharges.

(c) The fees specified in (a) and (b), above, shall not apply to communities, counties, state agencies, or school districts.

History

• #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

Part Env-Wq 1205 Industrial Pretreatment Rules

N.H. Code Admin. R. Ann. Env-Wq 1205.01 Applicability {#sec-env-wq-1205.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.01}

(a) All SIUs discharging industrial wastes to the POTW shall comply with applicable requirements of federal and state industrial pretreatment rules and regulations in addition to the requirements of Env-Wq 1200.

(b) All industrial waste shall be pretreated in accordance with federal regulations and state rules to the extent required by applicable national categorical pretreatment standards, state pretreatment standards, or standards established by these rules, whichever is more stringent.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.01); ss #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.02 Industrial Discharge Permit Requirement {#sec-env-wq-1205.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.02}

(a) No SIU shall discharge any industrial process waste to the POTW without a valid industrial discharge permit (IDP).

(b) Obtaining an IDP shall not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.03 Industrial Discharge Permit Application and Approval {#sec-env-wq-1205.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.03}

(a) Any SIU proposing to begin or recommence discharging industrial waste to the POTW shall provide the following to the WRBP on an “Industrial Discharge Permit Application” obtained from the WRBP or the community in which the discharge is proposed:

(1) Approval from the community in which the discharge is proposed, as specified in (c), below; and

(2) The information specified in, (d), below.

(b) An industrial discharge permit application shall be filed with the WRBP at least 60 days prior to the date upon which any discharge will begin or recommence.

(c) An industrial discharge permit application shall contain the following information provided by a municipal official from the community in which the discharge is proposed:

(1) The name of community;

(2) The name of the company or a description of the proposed project associated with the proposed discharge;

(3) Previously permitted flow history, if applicable;

(4) The total flow proposed to be discharged, including sanitary and industrial wastes;

(5) The name, title, and signature of the authorized community official, certifying that:

a. The application is complete;

b. The municipal sewage collection system has no history of surcharges;

c. There is no record of objections to the application from persons presently connected to the system;

d. The proposal has been approved by the applicable local authorities;

e. The municipality has evaluated and approved the proposed discharge; and

f. The proposed discharge complies with applicable local sewer ordinances and this chapter.

(d) An applicant for an IDP shall provide the following information to both the community and the WRBP either on or attached to the application:

(1) The name, street address, and mailing address, of the applicant;

(2) The tax map and lot number of the location at which the industrial discharge is proposed;

(3) The name, title, email address, and daytime telephone number of:

a. The primary contact person or operator; and

b. The responsible official who has signed and certified the permit application pursuant to Env-Wq 1205.08 and Env-Wq 1205.09;

(4) A list of all environmental permits held by or on behalf of the user;

(5) A brief description of the products, average rate of production, and NAICS classification of the operations carried out by the user;

(6) An identification of the categorical pretreatment standards applicable to each regulated process;

(7) An waste stream analysis identifying the nature and concentration of pollutants in the proposed discharge;

(8) Information showing the proposed average daily and maximum daily flows, in gallons per day, to the public sewer from regulated process streams and from other waste streams;

(9) Pursuant to Env-Wq 1205.13, a compliance schedule of actions to be taken to comply with discharge limitations if presently out of compliance;

(10) A schematic diagram showing the production process, including the origin of each waste stream;

(11) A schematic diagram showing the treatment processes;

(12) Plans, specifications, and a description of operation and maintenance procedures;

(13) A listing of all chemicals used in the industrial facility that could be discharged, such as production chemicals, degreasers, and cleaning solvents, including a description of the toxicity and treatability of those chemicals;

(14) A location map of the site including GPS coordinates;

(15) Identification of all sampling locations; and

(16) A water reduction and pollution prevention plan;

(e) If pretreatment is necessary for the SIU to comply with discharge limitations, plans for the pretreatment facilities shall be stamped and submitted by a chemical, civil, sanitary, or environmental engineer licensed to practice in the state of New Hampshire.

(f) If the WRBP determines that additional information is necessary to fully assess the proposed discharge:

(1) The WRBP shall request such additional information within 30 days of receipt of the application, as specified in RSA 541-A: 29; and

(2) The applicant shall provide the additional information to the WRBP within 30 days of the request.

(g) The application shall contain the certification statement in Env-Wq 1205.09 signed by an authorized individual as specified in Env-Wq 1205.08.

(h) When the department, the community, and the WRBP approve the pretreatment or equalization of waste flows, the design and installation of these facilities shall be subject to the review and approval of the community, the WRBP, and the department and subject to the requirements of all applicable codes, ordinances, and laws. Such facilities shall not be connected until said approval has been obtained in writing from the department. Such approval shall not relieve the owner of the responsibility of discharging treated waste that meets the requirements of these rules.

(i) Where pretreatment or flow-equalizing facilities are provided for any water or wastes, they shall be maintained at all times by the user at the user’s expense to meet the discharge limitations established in the user’s industrial discharge permit.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.03); amd by #9798-A, eff 10-9-10, paras (a), (b), (f), (h), and (i); amd by #9798-B, eff 10-9-10, paras (c), (d) and (g); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.04 IDP Duration {#sec-env-wq-1205.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.04}

(a) Subject to (b), below, an IDP shall expire one year from the effective date of the permit. Each IDP shall indicate the specific date upon which it will expire.

(b) An IDP shall terminate upon cessation of operations or transfer of business ownership, unless notification of such transfer is provided at least 60 days in advance.

(c) The notice required by (b), above, shall include a written certification that:

(1) States that the new property owner or new operator, as applicable, has no immediate intent to change the facility’s operations and processes;

(2) Identifies the specific date on which the transfer of ownership is to occur; and

(3) Acknowledges full responsibility for complying with the existing permit conditions and these rules.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.04); ss by #9798-A, eff 10-9-10); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.05 IDP Contents {#sec-env-wq-1205.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.05}

(a) The IDP shall identify the general and specific conditions under which the industrial waste shall be acceptable for discharge to the POTW.

(b) Each IDP shall specifically include the following:

(1) A statement that indicates the permit duration;

(2) Requirements for self-monitoring, sampling, reporting, notification, and record-keeping, including an identification of pollutants to be monitored, sampling location, sampling frequency, and sample type based on federal, state, and local rules;

(3) Effluent limitations for the industrial waste based on applicable pretreatment standards; and

(4) Requirements to modify the permit as necessary to conform to discharge limitation requirements or other requirements enacted by federal, state, or community rules and/or regulations.

(c) For users with reporting requirements, the IDP shall require the report to:

(1) Contain the following:

a. Information necessary to determine the compliance status of the user, in the form of periodic monitoring results indicating the nature and concentration of pollutants in the pretreatment effluent discharge from the regulated processes governed by pretreatment standards, or documentation of compliance with a best management practice (BMP) or pollution prevention alternative, if required by the pretreatment standard;

b. The average and maximum daily permitted process flow;

c. Whether the applicable categorical pretreatment standards and requirements are being met on a consistent basis and, if not, what additional operation and maintenance practices and/or pretreatment systems will be implemented to bring the user into compliance; and

d. Any analytical results monitored more frequently than required by the IDP; and

(2) Be signed and certified pursuant to Env-Wq 1205.09.

(d) Each IDP shall contain:

(1) Limits on the maximum or average rate of discharge or both, time of discharge, and requirements for flow regulation and equalization;

(2) Requirements for the development and implementation of spill control plans or other special conditions including management practices necessary to prevent accidental, unanticipated, or non-routine discharges;

(3) Requirements for installation and maintenance of sampling facilities and equipment;

(4) Other special permit conditions as deemed necessary by the WRBP to ensure compliance with these rules, federal laws, rules, and regulations; and

(5) Requirements for pretreatment and self-monitoring facilities and a schedule for the user to acquire and install such facilities if they do not already exist.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.05); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.06 Change in Discharge {#sec-env-wq-1205.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.06}

(a) An SIU proposing a new discharge or a change in quantity of its existing discharge shall obtain a new discharge permit application from the community in which the discharge is proposed and submit the completed application to the WRBP at least 60 days prior to the commencement of such discharge.

(b) If the new or modified/increased discharge requires the construction and installation of additional treatment devices, the SIU shall submit to the WRBP plans and specifications of the proposed pretreatment facility stamped by a professional engineer licensed to practice in the state of New Hampshire.

(c) An SIU proposing a change in quality of its existing discharge shall obtain a new discharge permit application from the WRBP and submit the completed application at least 60 days prior to the commencement of such modified discharge.

(d) In accordance with the criteria outlined in Env-Wq 1205.07 below, and upon approval of the discharge permit application by the WRBP pursuant to these rules and the department’s industrial pretreatment program pursuant to RSA 485-A:5 and Env-Wq 305, the WRBP shall issue an amended IDP.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.06); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.07 IDP Modification {#sec-env-wq-1205.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.07}

The WRBP shall, after notice and opportunity for a hearing in accordance with RSA 541-A:30 and Env-C 200, modify an IDP for good cause, including the following:

(a) To incorporate any new or revised federal, state, or local pretreatment standards or requirements;

(b) To address significant alterations or additions to the user’s operation, processes, or wastewater volume or quality since the time of IDP issuance;

(c) A change in the WRBP’s NPDES permit requirements;

(d) Information indicating that the permitted discharge poses a threat to the POTW, community or WRBP personnel, or the surface water quality in the receiving stream;

(e) Misrepresentations or failure to fully disclose all relevant facts in the IDP application or in any required reporting;

(f) To correct typographical or other errors in the IDP;

(g) To reflect a transfer of the facility ownership or operation to a new owner or operator; or

(h) Any other reasons that would require a modification of the permit to accurately reflect then-current requirements or operating conditions.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.07); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.08 Signature Requirements for Reports and Applications {#sec-env-wq-1205.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.08}

The reports and applications required by Env-Wq 1205.03(a), Env-Wq 1205.05(c), Env-Wq 1205.15, and Env-Wq 1205.06(a) and (c) shall be signed as follows:

(a) If the SIU is a corporation, by a “responsible corporate official”, which for the purpose of this paragraph means:

(1) A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or

(2) The manager of one or more manufacturing, production, or operation facilities provided the manager:

a. Is authorized to make management decisions that govern the operation of the regulated facility including:

1. Making major capital investment recommendations, and

2. Initiating and directing environmental compliance measures;

b. Can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and

c. Has been assigned or delegated authority to sign documents in accordance with corporate procedures.

(b) If the user is a partnership or sole proprietorship, by a general partner or the proprietor, respectively.

(c) By a duly authorized representative of an individual identified in (a) or (b) above if:

(1) The authorization is made in writing by the individual described in (a) or (b) above;

(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the industrial discharge originates, such as the position of plant manager, operator of a well, or well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(3) The written authorization is submitted to the WRBP.

(d) If an authorization under (c), above, is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization letter satisfying the requirements of (c), above, shall be submitted to the WRBP prior to or together with any reports to be signed by the new authorized representative.

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.08); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.09 Application Signatories and Certification Requirements for Reports {#sec-env-wq-1205.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.09}

All applications or SIU reports required under this part shall:

(a) Be signed pursuant to Env-Wq 1205.08; and

(b) Contain the following certification statement:

“I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.”

History

• #2707, eff 5-15-84, EXPIRED: 5-15-90
• #4845, eff 6-20-90, EXPIRED: 6-20-96
• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.09); ss by #9798-B, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.10 Monitoring Records {#sec-env-wq-1205.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.10}

(a) SIUs subject to IDP reporting requirements shall maintain all records of information resulting from monitoring activities required to prepare such reports.

(b) Such records shall include for each sample taken:

(1) The date, method, location, and time of sampling and the name(s) of the person(s) taking the sample;

(2) The dates on which analyses were performed;

(3) The dates on which results of the analyses were received by the user;

(4) The name and address of the laboratory performing the analyses;

(5) The analytical techniques and methods used; and

(6) The results of all analyses.

(c) Such records shall be maintained for a minimum of 3 years and shall be made available for inspection and copying by the WRBP.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.10); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.11 Notice of Violation/Repeat Sampling and Reporting {#sec-env-wq-1205.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.11}

(a) If sampling performed by an SIU indicates that a violation of its IDP has occurred, the SIU shall:

(1) Notify the WRBP within 24 hours of becoming aware of the violation; and

(2) Within 5 business days, submit a noncompliance report pursuant to Env-Wq 1205.15 fully describing the noncompliance, its causes, and the measures taken or to be taken to avoid recurrence.

(b) Subject to (c), below, the SIU also shall immediately repeat the sampling and analysis and submit the results of the repeat analysis to the WRBP within 30 calendar days after becoming aware of the violation.

(c) The SIU shall not be required to resample if:

(1) The WRBP performs sampling at the SIU at a frequency of at least once per month; or

(2) The WRBP performs sampling at the SIU between the time when the SIU performs its initial sampling and the time when the SIU receives the results of this sampling indicating that the violation occurred.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.11); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.12 National Categorical Pretreatment Standards {#sec-env-wq-1205.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.12}

(a) The WRBP shall notify SIUs of applicable categorical pretreatment standards.

(b) Compliance with categorical pretreatment standards shall be achieved within 3 years of the date such standards become effective, unless a shorter compliance time is specified in the standards.

(c) An SIU subject to categorical pretreatment standards shall not discharge wastewater directly or indirectly to the POTW after the compliance date of such standards unless an amendment to its IDP that reflects the standards has been issued by the WRBP.

(d) Within 120 days after the effective date of a categorical pretreatment standard, an SIU subject to such standards shall submit a discharge permit application for a new IDP or an amendment to the existing IDP. The application shall contain the information specified in Env-Wq 1205.03.

(e) Compliance reports required by an IDP or Env-Wq 1205.03(d)(7) shall comply with Env-Wq 1205.13.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.12); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.13 Compliance Schedules and Progress Reports {#sec-env-wq-1205.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.13}

(a) Any user not meeting applicable national categorical pretreatment standards shall be subject to a compliance schedule as specified in this section.

(b) A compliance schedule shall contain the following:

(1) A list of major events required for the construction and operation of such additional pretreatment facilities as are necessary to prevent a continuation or recurrence of the violation(s);

(2) A list of other actions, such as changes to policies or procedures, as are necessary to prevent a continuation or recurrence of the violation(s);

(3) Progress increments in the form of dates for the commencement and completion of the identified major events or other actions.

(c) The major events identified in (b)(1), above, shall consist of:

(1) Hiring an engineer;

(2) Completing preliminary and final pretreatment plans;

(3) Executing contracts for major components;

(4) Commencing and completing construction; and

(5) Start-up and shake-down of the pretreatment facility.

(d) Not later than 14 days following each date in the compliance schedule, including the final date for compliance, the user shall submit a progress report to the WRBP.

(e) Each progress report shall state whether or not the user achieved the increment of progress to be met on such date and, if not:

(1) The date on which the user expects to comply with this increment of progress;

(2) The reason for the delay; and

(3) The steps being taken by the user to return the construction to the schedule established.

(f) No increment referred to in (b)(3) above shall exceed 9 months.

(g) Within 90 days following the date for final compliance with applicable categorical pretreatment standards, or in the case of a new SIU within 90 days following introduction of wastewater into a public sewer, an SIU subject to pretreatment standards and requirements shall submit to the WRBP an application pursuant to Env-Wq 1205.03.

(h) The SIU’s IDP shall be modified to include any compliance schedule prepared pursuant to this section.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.13); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.14 Bypass, Slug Discharge, and Upset Notification and Requirements {#sec-env-wq-1205.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.14}

(a) The user shall immediately call and notify the WRBP in the event of a spill, slug discharge, pretreatment upset, or bypass.

(b) To facilitate the implementation of (a), above, the user shall:

(1) Instruct all employees of the requirement to immediately notify the WRBP in the event of a spill, slug discharge, pretreatment upset, or bypass; and

(2) Post a permanent notice that includes the WRBP’s telephone number in a location that is plainly visible to the user's personnel responsible for managing wastewater discharges.

(c) A user may allow a bypass as defined in Env-Wq 1202.05 to occur, provided the bypass:

(1) Does not cause pretreatment standards or requirements to be violated; and

(2) Is unavoidable, as specified in (e), below.

(d) If a user knows in advance of the need for a bypass, the user shall submit a written notice to the WRBP at least 10 days before the date of the bypass.

(e) A bypass shall be deemed to be unavoidable if:

(1) The bypass was necessary to prevent loss of life, personal injury, or severe property damage;

(2) There were no feasible alternatives to the bypass, such as the use of one of the following:

a. Auxiliary treatment facilities;

b. A retention tank for untreated wastes; or

c. Maintenance during normal periods of equipment downtime.

(f) The “no feasible alternative” provision of (e)(2), above, shall not be satisfied if back-up equipment could have been installed to prevent a bypass that occurred during normal periods of equipment downtime or preventive maintenance.

(g) If necessary to comply with 40 CFR 403.8(f)(2)(vi), the WRBP shall require the user to develop, submit to the WRBP for approval based on those provisions, and implement an accidental discharge or slug discharge control plan.

(h) The plan required in (g), above, shall address, at a minimum, the following:

(1) A description of discharge practices, including non-routine batch discharges;

(2) A description of stored chemicals;

(3) A procedure for immediately notifying the WRBP of any accidental or slug discharge; and

(4) A procedure to prevent an adverse impact from any accidental or slug discharge.

(i) A management plan for addressing (h)(4), above, shall include provisions for the following:

(1) The inspection and maintenance of storage areas;

(2) The handling and transfer of materials;

(3) Loading and unloading operations;

(4) The control of plant site runoff;

(5) Worker training;

(6) The building of containment structures or equipment;

(7) Measures for containing toxic organic pollutants, including solvents;

(8) Measures and equipment for emergency response; and

(9) Such other provisions as the user deems necessary.

(j) In any enforcement proceeding, the user seeking to establish the occurrence of an upset shall have the burden of proof on the issue of whether the bypass was unavoidable.

(k) Users shall control all discharges to the extent necessary to maintain compliance with pretreatment standards upon reduction, loss, or failure of its treatment facility or loss of the primary source of power to the facility until the facility or power thereto is restored or an alternate method of treatment is provided.

(l) A user shall notify the WRBP immediately of any changes at its facility affecting the potential for a slug discharge.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.14); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.15 Reports of Noncompliance {#sec-env-wq-1205.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.15}

(a) The user shall provide notice to the WRBP in accordance with this section in the event of any of the following:

(1) A discharge violation detected through analysis;

(2) Unanticipated bypass or slug discharge; or

(3) Upset that exceeds applicable pretreatment standards.

(b) When required to notify the WRBP, the user shall provide the following:

(1) Oral notice by telephone within 24 hours of the time the user becomes aware of the event; and

(2) A written report within 5 business days of the time the user becomes aware of the noncompliance.

(c) The written report required by (b)(2), above, shall include:

(1) A description of the event and its cause;

(2) The duration of the event, including exact dates and times;

(3) If the event has not been corrected, the anticipated time it is expected to continue; and

(4) Steps taken or planned to reduce, eliminate, and prevent recurrence of the event.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.15); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.16 Imminent Endangerment {#sec-env-wq-1205.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.16}

(a) The WRBP shall, after notice by telephone or in person to the user, immediately halt or prevent any discharge that appears to the WRBP to present:

(1) An imminent endangerment to the health and welfare of any person;

(2) An endangerment to the environment; or

(3) A threat of interference with the operation of the POTW.

(b) Actions available to the WRBP shall include but shall not be limited to:

(1) Seeking ex parte temporary judicial injunctive relief;

(2) Blocking a public sewer to halt such discharge; or

(3) Demanding that the user take specific action to prevent or halt the discharge.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.16); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.17 Monitoring and Surveillance {#sec-env-wq-1205.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.17}

(a) The WRBP shall sample and analyze the wastewater discharges of users and conduct surveillance and inspection activities to identify, independently of information supplied by each user, occasional and continuing noncompliance with industrial pretreatment standards. As required by the WRBP’s NPDES permit, all users shall grant unrestricted access to department and EPA personnel for the purposes of investigating and sampling discharges from the users.

(b) Wastewater monitoring and flow measurement facilities shall be operated and maintained in accordance with the manufacturer’s requirements. The failure of the user to maintain its wastewater monitoring and flow measurement facilities in good working order shall not be grounds for the user to claim that sample results are unrepresentative of its discharge.

(c) All compliance reports shall be based upon data obtained through sampling and analysis preformed during the period covered by the report.

(d) The WRBP shall establish the frequency of monitoring necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

(e) Grab samples shall be used to monitor pH, cyanide, total phenols, oil and grease, sulfide and volatile organic compounds. For all other pollutants, 24-hour composite samples shall be obtained through flow-proportional composite sampling techniques, unless time proportional composite sampling or grab sampling is authorized by the WRBP. Where time-proportional composite sampling or grab sampling is authorized by the WRBP, the samples shall be representative of the discharge and the decision to allow the alternative sampling shall be documented in the industrial user file for that facility or facilities.

(f) Multiple grab samples collected during a 24-hour period shall be composited prior to the analysis using protocols, including appropriate preservation, specified in 40 CFR Part 136 and appropriate EPA guidance, as follows:

(1) For cyanide, total phenols, and sulfides the samples shall be composited in the laboratory or in the field;

(2) For volatile organics and oil & grease the samples shall be composited in the laboratory; and

(3) Composite samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies shall be authorized by the WRBP in accordance with 40 CFR 403.12(g)(3).

(g) For facilities for which historical sampling data do not exist and for which sampling in support of baseline monitoring pursuant to 40 C.F.R. 403.12(b) and 90-day compliance reports, pursuant to 40 C.F.R. 403.12(d) are required, a minimum of 4 grab samples shall be used for pH, cyanide, total phenols oil and grease, sulfide and volatile organic compounds.

(h) For facilities for which historical sampling data are available, the WRBP shall proceed in accordance with 40 CFR 403.12(g)(4).

(i) For the periodic reports compliance and reports for industrial users not subject to categorical pretreatment standards, the WRBP shall establish the number of grab samples necessary to assess and assure compliance by industrial users with applicable pretreatment standards and requirements.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.17); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.18 Waiver {#sec-env-wq-1205.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.18}

(a) No statement contained in the sewer use rules shall be construed as preventing any waiver pursuant to Env-Wq 305 between the WRBP and any user whereby the WRBP agrees to accept an industrial waste that otherwise would be prohibited by these rules for treatment, provided that such waivers meet the conditions set forth in (b), below.

(b) A waiver shall be granted if it:

(1) Does not violate any requirements of existing federal or state laws and/or regulations promulgated thereunder;

(2) Is compatible with any user charge system in effect;

(3) Does not damage the POTW; and

(4) Does not waive applicable national categorical pretreatment standards except as specified in 40 CFR 403.12(e)(2).

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.19); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.19 Public Information {#sec-env-wq-1205.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.19}

Information and data submitted to the WRBP relating to wastewater discharge characteristics shall be available to the public in accordance with RSA 91-A. Other such information shall be available to the public at least to the extent provided by 40 CFR Section 2.302 and Env-Wq 1205.20.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.19); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1205.20 Confidential Information {#sec-env-wq-1205.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1205.20}

(a) Subject to (b), below, information and data on a user obtained from reports, surveys, wastewater discharge permit applications, wastewater discharge permits, monitoring programs, and WRBP inspection and sampling activities shall be available to the public without restriction.

(b) A user may specifically request that information that would divulge information that is entitled to protection as trade secrets under applicable federal or state law not be treated as public information.

(c) Any such request for confidentiality shall be asserted at the time of submission of information by stamping the words “confidential business information” on each page containing such information.

(d) When requested and demonstrated by the user that such information should be held confidential, the portions of the report that might disclose trade secrets or secret processes:

(1) Shall not be made available for viewing or copying by the public pursuant to 40 CFR part 2 or RSA 91-A;

(2) Shall be made available upon request to government agencies for uses related to the NPDES program or pretreatment program; and

(3) Shall be made available to enforcement proceedings involving the person who furnished the report.

(e) Wastewater constituents and characteristics and other effluent data as defined in 40 CFR 2.302 shall not be recognized as confidential information and shall be available to the public without restriction.

History

• #6304, eff 7-26-96; ss by #8124, INTERIM, eff 7-26-04, EXPIRES: 1-22-05; ss by #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1205.20); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

Part Env-Wq 1206 Commercial Discharge Permits

N.H. Code Admin. R. Ann. Env-Wq 1206.01 Applicability {#sec-env-wq-1206.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1206.01}

This part shall apply to any person proposing a commercial discharge to the POTW and any person who receives a permit for a commercial discharge to the POTW.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.01); ss by #9798-A, ef 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1206.02 Commercial Discharge Permit Requirement {#sec-env-wq-1206.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1206.02}

(a) No person shall connect a facility that will produce a commercial discharge (“commercial facility”) to the POTW without a valid commercial discharge permit (CDP).

(b) Obtaining a CDP shall not relieve a permittee of its obligation to comply with all federal and state pretreatment standards or requirements or with any other requirements of federal, state and local law.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.02); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1206.03 CDP Application and Approval {#sec-env-wq-1206.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1206.03}

(a) Any person proposing to begin or recommence a commercial discharge to the POTW shall provide the following to the WRBP on an “Commercial Discharge Permit Application” obtained from the WRBP or the community in which the discharge is proposed:

(1) Approval from the community in which the discharge is proposed, as specified in (c), below; and

(2) The information specified in, (d), below.

(b) A commercial discharge permit application shall be filed with the WRBP at least 30 days prior to the date upon which any discharge will begin or recommence.

(c) A commercial discharge application contain the following information provided by a municipal official from the community in which the discharge is proposed:

(1) The name of community;

(2) The name of the applicant or business name or a description of the proposed project associated with the proposed discharge;

(3) Previously permitted flow history, if applicable;

(4) The total flow to be discharged, including sanitary and commercial wastes;

(5) The name, title, and signature of the authorized community official, certifying that:

a. The application is complete;

b. The municipal sewage collection system has no history of surcharges;

c. There is no record of objections to the application from persons presently connected to the system;

d. The proposal has been approved by the applicable local authorities;

e. The municipality has evaluated and approved the proposed discharge; and

f. The proposed discharge complies with applicable local sewer ordinances and this chapter.

(d) An applicant for a CDP shall provide the following information to both the community and the WRBP either on or attached to the application:

(1) The name, street address, and mailing address of the applicant;

(2) The tax map and lot number of the location at which the commercial discharge is proposed;

(3) The name, title, email address, and daytime telephone number of:

a. The primary contact person or owner of the commercial facility; and

b. The responsible official who has signed certified the permit application pursuant to Env-Wq 1206.08 and Env-Wq 1206.09;

(4) The type of business, commercial enterprise, or activity to be covered by the CDP, including the products or services offered and the NAICS code, if applicable;

(5) A description of any existing or proposed pretreatment devices and, if applicable, the proposed service and maintenance schedule associated with the devices and a description of how waste from such devices is disposed;

(6) A list of all chemicals proposed to be used at the commercial facility and copies of the Safety Data Sheets (SDS) for all such chemicals;

(7) A list of all environmental permits held by or on behalf of the commercial facility; and

(8) A location map of the site including GPS coordinates.

(e) If the WRBP determines that additional information is necessary to fully assess the proposed discharge:

(1) The WRBP shall request such additional information within 30 days of receipt of the application, as specified in RSA 541-A: 29; and

(2) The applicant shall provide the additional information to the WRBP within 30 days of the request.

(f) The application shall contain the certification statement in Env-Wq 1206.09 signed by the owner or an individual authorized by the owner to sign the statement, as specified in Env-Wq 1206.08.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.03); amd by #9798-A, eff 10-9-10; amd by #9798-B, eff 10-9-10, paras (c), (d), and (f); ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1206.04 CDP Duration {#sec-env-wq-1206.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1206.04}

(a) Subject to (b), below, a CDP shall not expire.

(b) A CDP shall terminate upon cessation of operations or transfer of business ownership, unless notification of such transfer is provided at least 30 days in advance.

(c) The notice required by (b), above, shall include a written certification that:

(1) States that the new property owner or new operator, as applicable, has no immediate intent to change the facility’s operations and processes;

(2) Identifies the specific date on which the transfer of ownership is to occur; and

(3) Acknowledges full responsibility for complying with the existing permit conditions and these rules.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.04); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1206.05 CDP Contents {#sec-env-wq-1206.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1206.05}

(a) The CDP shall identify the general and specific conditions under which the waste from the commercial facility shall be acceptable for discharge to the POTW.

(b) The CDP shall require the owner of the commercial facility to file a report with the WRBP and the community in which the facility is located every 3 years from the date of issuance of the CDP.

(c) The report required by (b), above, shall:

(1) Indicate whether there have been any changes to the facility’s operations and, if so, the nature of the changes; and

(2) Be certified in accordance with Env-Wq 1206.09.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.05); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1206.06 Change in Discharge {#sec-env-wq-1206.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1206.06}

(a) A commercial facility proposing a new discharge or a change in quantity of its existing discharge shall obtain a new discharge permit application from the community in which the discharge is proposed and submit the completed application to the WRBP at least 30 days prior to the commencement of such discharge.

(b) If the new or modified/increased discharge requires the construction and installation of additional treatment devices, the owner of the facility shall submit to the WRBP plans and specifications of the proposed pretreatment facility. If designing the proposed pretreatment facility constitutes the “practice of engineering” as defined in RSA 310-A:10, 2, III, the plans and specifications shall be stamped by a professional engineer licensed to practice in the state of New Hampshire.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.06); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1206.07 CDP Modification {#sec-env-wq-1206.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1206.07}

The WRBP shall, after notice and opportunity for a hearing in accordance with RSA 541-A:30 and Env-C 200, modify a CDP for good cause, including the following:

(a) To incorporate any new or revised federal, state, or local standards or requirements;

(b) To address significant alterations or additions to the user’s operation, processes, or wastewater volume or quality since the time of CDP issuance;

(c) A change in the WRBP’s NPDES permit requirements;

(d) Information indicating that the permitted discharge poses a threat to the POTW, community or WRBP personnel, or the surface water quality in the receiving stream;

(e) Misrepresentations or failure to fully disclose all relevant facts in the CDP application or in any required reporting;

(f) To correct typographical or other errors in the CDP;

(g) To reflect a transfer of the facility ownership or operation to a new owner or operator; or

(h) Any other reasons that would require a modification of the permit to accurately reflect then-current requirements or operating conditions.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.07); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1206.08 Signature Requirements for Reports and Applications {#sec-env-wq-1206.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1206.08}

(a) Subject to (b), below, the application and reports required by Env-Wq 1206.03 and Env-Wq 1206.05, respectively, shall be signed by the owner of the commercial facility.

(b) The application and reports may be signed by a duly-authorized representative of the owner of the commercial facility if:

(1) The authorization is made in writing by the owner;

(2) The authorization specifies either an individual or a position having responsibility for the overall operation of the commercial facility or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and

(3) The written authorization is submitted to the WRBP prior to or with the first document signed by the representative.

(c) If an authorization under (b), above, is no longer accurate because a different individual or position has responsibility for the overall operation of the facility or overall responsibility for environmental matters for the company, a new authorization letter satisfying the requirements of (b), above, shall be submitted to the WRBP prior to or with any reports to be signed by the new authorized representative.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.08); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

N.H. Code Admin. R. Ann. Env-Wq 1206.09 Application Signatories and Certification Requirements for Reports {#sec-env-wq-1206.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1206.09}

All applications and reports required under this part shall:

(a) Be signed pursuant to Env-Wq 1206.08; and

(b) Contain the following certification statement:

“I certify under penalty of law that the information in this document and any attachments hereto is to the best of my knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1206.09); ss by #9798-B, eff 10-9-10; ss by #12739, eff 3-19-19

Part Env-Wq 1207 Administrative Enforcement Procedures

N.H. Code Admin. R. Ann. Env-Wq 1207.01 Penalties {#sec-env-wq-1207.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1207.01}

Any person who is subject to these rules shall be subject to the enforcement and penalty provisions as set forth in RSA 485-A:54.

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1207.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

Part Env-Wq 1208 Publication of Users in Significant Noncompliance

N.H. Code Admin. R. Ann. Env-Wq 1208.01 Publication {#sec-env-wq-1208.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1208.01}

The WRBP shall publish annually, in a newspaper of general circulation within the jurisdictions served by the POTW, a list of SIUs that, during the previous 12 months, were in significant noncompliance (SNC) with applicable pretreatment standards and requirements.

Appendix A: State And Federal Statutes Implemented

Rule

Statute Rule is Intended to Implement

Federal Regulations Implemented

Env-Wq 1200 (also see parts and sections listed below)

RSA 485-A:45-54; RSA 149-I

Env-Wq 1201

RSA 485-A:45-54

40 CFR 403.1

Env-Wq 1202

RSA 485-A:45-54

40 CFR 403.3

Env-Wq 1203.01 – 1203.02

RSA 147:8; RSA 149-I:6;

RSA 485-A:45-54

Env-Wq 1203.03 – 1203.14

RSA 485-A:5; RSA 149-I:6;

RSA 485-A:45-54

40 CFR 403.5

Env-Wq 1204.01 – 1204.03

RSA 485-A:5; RSA 149-I:6;

RSA 485-A:45-54

Env-Wq 1204.04

RSA 149-I:10; RSA 485-A:51

Env-Wq 1204.05 – 1204.11

RSA 485-A:50; RSA 149-I:7;

RSA 149-I:8

Env-Wq 1205

RSA 147:8; RSA 149-I:6;

RSA 485-A:45-54

40 CFR 403.8

40 CFR 403.12

Env-Wq 1206

RSA 147:8; RSA 149-I:6;

RSA 485-A:45-54

Env-Wq 1207

RSA 485-A:54

Env-Wq 1208

RSA 485-A:54

40 CFR 403.12

Appendix B: Statutory Definitions

RSA 485-A:2:

VI. “Industrial waste” means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources.

VII-a. “Operator” means:

(a) The individual who has full responsibility for the daily operation of a wastewater treatment plant or a pollution control facility;

(b) The individual normally responsible for the operations shift; or

(c) Individuals who perform important operating functions.

VIII. “Other wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substance harmful to human, animal, fish or aquatic life.

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

IX-a. “Septage” means material removed from septic tanks, cesspools, holding tanks, or other sewage treatment storage units, excluding sewage sludge from public treatment works and industrial waste and any other sludge.

X. “Sewage” means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.

XVI-a. “Wastewater treatment plant” means the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.

XVII. “Bypass” means the intentional diversion of waste streams from any portion of the wastewater facilities.

XVIII. “Upset” means an exceptional incident in which there is unintentional and temporary noncompliance with permit effluent limitations because of factors beyond the reasonable control of the permittee.

RSA 125-N:2:

VIII. “Medical/infectious waste” means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Medical/infectious waste does not include any hazardous waste regulated under RSA 147-A.

Appendix C: Federal Definitions

40 CFR 122.2:

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

(a) Sewage from vessels; or

(b) Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if the State determines that the injection or disposal will not result in the degradation of ground or surface water resources.

Note:

Radioactive materials covered by the Atomic Energy Act are those encompassed in its definition of source, byproduct, or special nuclear materials. Examples of materials not covered include radium and accelerator-produced isotopes. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1 (1976).

40 CFR 403.3:

(v) Significant Industrial User.

(1) Except as provided in paragraphs (v)(2) and (v)(3) of this section, the term Significant Industrial User means:

(i) All Industrial Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR chapter I, subchapter N; and

(ii) Any other Industrial User that: discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewater); contributes a process waste stream which makes up 5 percent or more of the average dry weather hydraulic or organic capacity of the POTW Treatment plant; or is designated as such by the Control Authority on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standard or requirement (in accordance with 40 CFR 403.8(f)(6)).

(2) The Control Authority may determine that an Industrial User subject to categorical Pretreatment Standards under § 403.6 and 40 CFR chapter I, subchapter N is a Non-Significant Categorical Industrial User rather than a Significant Industrial User on a finding that the Industrial User never discharges more than 100 gallons per day (gpd) of total categorical wastewater (excluding sanitary, non-contact cooling and boiler blowdown wastewater, unless specifically included in the Pretreatment Standard) and the following conditions are met:

(i) The Industrial User, prior to the Control Authority's finding, has consistently complied with all applicable categorical Pretreatment Standards and Requirements;

(ii) The Industrial User annually submits the certification statement required in § 403.12(q) together with any additional information necessary to support the certification statement; and

(iii) The Industrial User never discharges any untreated concentrated wastewater.

(3) Upon a finding that an Industrial User meeting the criteria in paragraph (v)(1)(ii) of this section has no reasonable potential for adversely affecting the POTW's operation or for violating any Pretreatment Standards or requirement, the Control Authority may at any time, on its own initiative or in response to a petition received from an Industrial User or POTW, and in accordance with 40 CFR 403.8(f)(6), determine that such Industrial User is not a Significant Industrial User.

Appendix D: Incorporation by Reference Information

Rule

Title (Date)

Obtain at:

Env-Wq 1205.03(e)

“Gravity Sanitary Sewer Design and Construction”, Manual of Practice No. FD-5, Second Edition, 2007, published by the American Society of Civil Engineers (ASCE) and the Water Environment Federation (WEF)

Water Environment Federation

601 Wythe Street

Alexandria, VA 22314-1994

Phone: 1-800-666-0206

Or online at: https://www.techstreet.com/standards/asce-manual-of-practice-no-60-wef-manual-of-practice-no-fd-5?product_id=1377545

$100.00

History

• #8235, eff 12-22-04 (See Revision Note at chapter heading for Env-Wq 1200) (formerly Env-Ws 1208.01); ss by #9798-A, eff 10-9-10; ss by #12739, eff 3-19-19

Chapter Env-Wq 1300 New Hampshire Clean Lakes Program

Part Env-Wq 1301 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 1301.01 Purpose {#sec-env-wq-1301.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1301.01}

The purpose of these rules is to implement the following statutory provisions:

(a) RSA 487:16-a, which prohibits the sale, distribution, importation, purchase, propagation, transportation, or introduction of exotic aquatic weeds into the state;

(b) RSA 487:17 relative to limiting the eutrophication of lakes and ponds, controlling exotic aquatic weeds, designating restricted use areas, and making financial grants for management of exotic aquatic weeds;

(c) RSA 487:18 relative to project prioritizations;

(d) RSA 487:20 relative to eligibility requirements;

(e) RSA 487:21 relative to cost sharing; and

(f) RSA 487:22 relative to municipal agreements.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1301.02 Applicability {#sec-env-wq-1301.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1301.02}

These rules shall apply to:

(a) Individuals who live, work, and recreate on the surface waters of New Hampshire; and

(b) Persons who:

(1) Own or manage places of business that offer the sale or other distribution of exotic aquatic weeds; or

(2) Are responsible for or are otherwise interested in monitoring, maintaining, or investigating exotic aquatic weed-related water quality.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

Part Env-Wq 1302 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1302.01 Bottom barrier {#sec-env-wq-1302.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.01}

“Bottom barrier” means a semi-permeable, fine mesh screening, laid over an area of sediments in a surface water to shade and physically inhibit plant growth.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.02 Commissioner {#sec-env-wq-1302.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.02}

“Commissioner” means the commissioner of the department.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.03 Cultivar {#sec-env-wq-1302.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.03}

“Cultivar” means a cultivated species of plant for which there is no wild form.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.04 Department {#sec-env-wq-1302.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.04}

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

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.05 Diagnostic and feasibility study {#sec-env-wq-1302.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.05}

“Diagnostic and feasibility study” means a study as contemplated by RSA 487:21, I, to identify sources of pollution to a surface water and recommend the most cost effective practices to restore or preserve water quality.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.06 Exotic aquatic weeds {#sec-env-wq-1302.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.06}

“Exotic aquatic weeds” means “exotic aquatic weeds” as defined in RSA 487:16, II, as reprinted in Appendix B.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.07 Herbaria {#sec-env-wq-1302.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.07}

“Herbaria” means collections of dried, pressed plants for the purposes of education and scientific study.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.08 Infested waters {#sec-env-wq-1302.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.08}

“Infested waters” means water and water bodies having populations of prohibited exotic aquatic weeds such as milfoil or fanwort.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.09 Integrated pest management (IPM) {#sec-env-wq-1302.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.09}

“Integrated pest management (IPM)” means an aquatic plant management approach that includes:

(a) Defining the problem or need;

(b) Identifying the desired exotic aquatic plant management goals;

(c) Making decisions based on site-specific information;

(d) Using ecosystem, watershed, and cost perspectives to determine long-term strategies;

(e) Developing a system of integrated exotic plant control methods, including mechanical-physical, biological, chemical, and cultural BMPs; and

(f) Quantitatively assessing the results of the control methods.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.10 Limited infestation {#sec-env-wq-1302.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.10}

“Limited infestation” means an infestation of 5 acres or less.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.11 Maintenance project {#sec-env-wq-1302.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.11}

“Maintenance project” means a project designed to remediate a water impairment through the short-term control of an exotic aquatic weed infestation or a water quality problem by treating the problem but not the underlying cause.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.12 New infestation {#sec-env-wq-1302.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.12}

“New infestation” means an infestation that was not previously reported to or otherwise identified by the department.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.13 Person {#sec-env-wq-1302.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.13}

“Person” means “person” as defined in RSA 485-A:2, IX, as reprinted in Appendix B.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.14 Public access {#sec-env-wq-1302.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.14}

“Public access” means “public access” as defined in RSA 271:20-a, I, as reprinted in Appendix B.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.15 Public access site {#sec-env-wq-1302.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.15}

“Public access site” means a location for public access.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.16 Public boat access area {#sec-env-wq-1302.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.16}

“Public boat access area” means an area adjacent to a public body of water that:

(a) Is owned or controlled by the state, is available for public use, and has been designated by the fish and game department as a boat launching area under the statewide public boat access program; or

(b) Has otherwise been formally designated by the appropriate authority as available for public use, without any residency requirement.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.17 Public bodies of water {#sec-env-wq-1302.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.17}

“Public bodies of water” means:

(a) Public waters as described in RSA 271:20;

(b) Any impoundment of a stream, lake, pond, or tidal or marine waters of 10 acres or more; and

(c) Any other body of water owned by the state or by a state agency or department.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.18 Restricted use area {#sec-env-wq-1302.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.18}

“Restricted use area” means a marked area or marked areas of a water body where infestations of exotic aquatic weeds have been delineated in accordance with Env-Wq 1304, which is closed to entry by boaters, anglers, or other water users and their equipment except in emergency situations where property or human life is endangered.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1302.19 Surface waters of the state {#sec-env-wq-1302.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1302.19}

“Surface waters of the state” means “surface waters of the state” as defined in RSA 485-A:2, XIV, as reprinted in Appendix B.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

Part Env-Wq 1303 Listing of Prohibited Exotic Aquatic Weeds; Exemptions

N.H. Code Admin. R. Ann. Env-Wq 1303.01 Criteria for Listing Exotic Aquatic Weeds as Prohibited {#sec-env-wq-1303.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1303.01}

The department shall list an aquatic plant species as prohibited if it meets any of the following criteria:

(a) The species does not naturally occur in New Hampshire and will cause or is likely to cause economic or environmental harm or harm to human health or safety if introduced to the area, because it grows or is likely to grow more rapidly than native plants so as to impair an ecosystem’s ability to function by altering its productivity, decomposition, water fluxes, nutrient cycling and loss, soil fertility, erosion, dissolved oxygen concentrations, or its ability to maintain its existing species diversity;

(b) The species is known to invade and disrupt aquatic and wetland ecosystems in other geographic areas where the climate is similar to that of New Hampshire;

(c) The species is able to create dense, monospecific stands or monotypic stands that displace or destroy native plant habitat, destroy fish and wildlife habitats, inhibit water circulation, hinder navigation or irrigation, or severely restrict the recreational use of waterways; and

(d) The species resists effective control by present technology or available management practices.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1303.02 Prohibited Exotic Aquatic Weeds {#sec-env-wq-1303.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1303.02}

Subject to Env-Wq 1303.03, the following exotic aquatic weeds shall not be offered for sale, distributed, sold, imported, purchased, propagated, transported, or introduced in the state, pursuant to RSA 487:16-a, because they pose a substantial threat to native species in the state:

(a) Aldrovanda vesiculosa, commonly referred to as waterwheel plant;

(b) Butomus umbellatus, commonly referred to as flowering rush;

(c) All Cabomba species, including but not limited to Cabomba caroliniana and commonly referred to as fanworts;

(d) Crassula helmsii, commonly referred to as swamp stonecrop;

(e) Egeria densa, commonly referred to as Brazilian elodea;

(f) Eichhornia crassipes, commonly referred to as water hyacinth;

(g) Epilobium hirsutum, commonly referred to as great willow herb or hairy willow herb;

(h) Glyceria maxima, commonly referred to as reed sweet grass or manna grass;

(i) Hottonia palustris, commonly referred to as water violet;

(j) Hydrilla verticillata, commonly referred to as Hydrilla or Anacharis;

(k) Hydrocharis morsus-ranae, commonly referred to as frogbit;

(l) Hygrophila polysperma, commonly referred to as East Indian hygrophila;

(m) Ipomoea aquatica, commonly referred to as water spinach;

(n) Iris pseudocarus, commonly referred to as yellow iris or yellow flag iris;

(o) Lagarosiphon major, commonly referred to as African oxygen weed;

(p) Limnophila sessiliflora, commonly referred to as ambulia;

(q) Lythrum salicaria, L. virgatum, L. alatum, and their cultivars, commonly referred to as purple loosestrife;

(r) Marsilea quadrifolia, commonly referred to as water fern;

(s) Myosotis scorpiodies, commonly referred to as water forget-me-not;

(t) All Myriophyllum species, including but not limited to Myriophyllum heterophyllum, Myriophyllum spicatum, and Myriophyllum aquaticum, and commonly referred to as milfoils or feather-foils;

(u) Najas minor, commonly referred to as European naiad;

(v) Nymphoides peltata, commonly referred to as yellow floating heart;

(w) Phragmites australis or P. communis, commonly referred to as common reed;

(x) Pistia stratiotes, commonly referred to as water lettuce;

(y) Potamogeton crispus, commonly referred to as curly leaf pondweed;

(z) Sagittaria japonica, commonly referred to as double flowering arrowhead, Japanese arrowhead, or old world arrowhead;

(aa) Sagittaria sagittifolia, commonly referred to as giant sagittaria;

(bb) Salvinia molesta, commonly referred to as giant salvinia;

(cc) All Trapa species, commonly referred to as water chestnuts;

(dd) Typha gracilis, commonly referred to as slender cattail;

(ee) Typha laxmanii, commonly referred to as dwarf cattail or Laxman’s cattail;

(ff) Typha minima, commonly referred to as miniature cattail or micro-mini cattail, and

(gg) Any other aquatic invasive plant determined by NHDES to pose a risk to aquatic systems.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1303.03 Synonymy {#sec-env-wq-1303.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1303.03}

(a) The prohibited status of exotic aquatic weeds shall apply to the most recent and accepted scientific and common names of the species as listed in Env-Wq 1303.02 and to undesignated synonyms for the listed species.

(b) Plant status shall be determined using the Latin name of the species.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1303.04 Inspections {#sec-env-wq-1303.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1303.04}

(a) For purposes of this section, “business” means a commercial establishment that is open to the public and maintains stocks of aquatic plants for sale or other distribution, including pet stores and nurseries.

(b) The department shall inspect, during a business’s normal business hours, the aquatic plants on display to the public.

(c) If the department’s inspector observes plants that are on the list of prohibited species, the inspector shall inform the on-site manager of the business of the prohibitions of RSA 487:16-a and request the manager to discontinue the sale or other distribution of the plants.

(d) If the department’s inspector observes plants that could be on the list of prohibited species, the inspector shall inform the on-site manager of the business of the prohibitions of RSA 487:16-a and request the manager to provide a sample of the questionable aquatic plant material of sufficient size to allow identification of the plant material at no compensation.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1303.05 Exemptions for Transportation {#sec-env-wq-1303.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1303.05}

Transportation of any exotic aquatic weed(s) on any road or highway in the state shall be exempt from the transportation prohibition of RSA 487:16-a, if:

(a) The transportation is for the purpose of disposal as part of a harvest control activity under the supervision of the department; or

(b) The transportation is for the purpose of identifying a species or reporting the presence of a species, and the plant material is in a sealed container.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1303.06 Acceptable Means of Disposal {#sec-env-wq-1303.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1303.06}

(a) Any exotic aquatic weed shall be immediately disposed of away from water or moist areas where it might survive.

(b) Acceptable means of disposal shall include:

(1) Burning or incinerating;

(2) Land filling;

(3) Disposing in a trash container whose contents are destined for incineration or land filling;

(4) Desiccating;

(5) Composting, if applied away from surface waters; and

(6) Any other method that ensures the plant material will not enter surface waters.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1303.07 Exemptions for Preserved Specimens, Research or Education, and Field Experimentation {#sec-env-wq-1303.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1303.07}

(a) Subject to (b) and (c), below, and as authorized by RSA 487:16-a, the following uses of exotic aquatic weeds shall be exempt from the prohibitions of RSA 487:16-a:

(1) Exotic aquatic weeds in the form of herbaria or other preserved specimens;

(2) Exotic aquatic weeds being used in a controlled environment, such as in a laboratory for research or for educational display; and

(3) Exotic aquatic weeds that are subjected to experimental processes or equipment in the field for the purpose of finding control mechanisms for such exotic aquatic weeds.

(b) All specimens shall be destroyed as specified in Env-Wq 1303.06 when they are no longer used as specified in (a), above.

(c) For plants subjected to experimental processes or equipment in the field, the exemption shall apply only if such experimental processes or equipment are conducted in a way that prevents the spread of such weeds.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1303.08 Notification Requirement {#sec-env-wq-1303.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1303.08}

(a) Any person, other than an employee of the department acting in their official capacity, who participates in any of the activities exempted pursuant to Env-Wq 1303.05 and Env-Wq 1303.07, shall notify the department prior to or within 24 hours after performing such activity, by calling 603-271-3503 and asking for the exotic species program.

(b) Notification shall not be required for disposal after removal from recreational watercraft and equipment such as trailers, motors, fishing equipment, or diving gear.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

Part Env-Wq 1304 Restricted Use Areas

N.H. Code Admin. R. Ann. Env-Wq 1304.01 Designation and De-listing of Restricted Use Areas {#sec-env-wq-1304.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1304.01}

(a) The commissioner shall designate as a restricted use area any area that contains a limited infestation of exotic aquatic weeds, such as:

(1) Areas with new infestations;

(2) Infestations in areas with a high risk of fragmentation; and

(3) Areas in waterbodies with previously-documented infestations where treatments or management practices have removed all but a small area of exotics that can be contained with the establishment of a restricted use area until such time that other management practices can remove the remainder of the population.

(b) After designation, a restricted use area shall be in place until the area is no longer infested as determined using the criteria in (a), above, or until a period of 3 years has expired since the time of designation, whichever is sooner.

(c) When an infestation has been eradicated or cannot be successfully treated or managed within the 3-year time limit, or the 3-year time limit has been reached, the commissioner shall evaluate the designated area to determine whether to de-list the area or extend the area’s designation as restricted use.

(d) In considering whether to designate a restricted use area pursuant to (a), above, or whether to extend the designation pursuant to (c), above, the commissioner shall proceed as directed by RSA 487:17, II(d).

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1304.02 Notice of Restricted Use Areas {#sec-env-wq-1304.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1304.02}

(a) Whenever a restricted use area is established, the department shall:

(1) Post signs and place buoys warning of a restricted use area in accordance with Env-Wq 1304.03 and Env-Wq 1304.04;

(2) Issue a press release to the newspapers serving each town in which the waterbody having the restricted use area is located; and

(3) Add the waterbody to the list posted on the department’s website pursuant to (b)(2), below.

(b) By June 1 of each year, the department shall:

(1) Issue press releases to the newspapers in the towns surrounding each water body in which a restricted use area is designated or has been de-listed within the past 12 months to inform the public that a list of restricted use areas is available on the department’s web site; and

(2) Post a list that identifies each waterbody that has a restricted use area or an area that has been de-listed within the past 12 months on the department’s website.

(c) The press release issued pursuant to (a)(2), above, and the list posted pursuant to (b)(2), above, shall include the following information:

(1) The town(s) in which the water body containing the restricted use area is located;

(2) The name of the water body containing the restricted use area;

(3) The specific location of the infestation within the water body;

(4) The type of infestation; and

(5) The general dimensions of the restricted use area.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1304.03 Delineation and Markers for Restricted Use Areas {#sec-env-wq-1304.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1304.03}

(a) The department or its designee shall mark restricted use areas using buoys and signs as specified in this section.

(b) For each surface water in which a restricted use area is located, at least one sign meeting the requirements of Env-Wq 1304.08 shall be posted at each public access site and public boat access area on the surface water.

(c) If the restricted use area is in a cove, then:

(1) A boat channel shall be marked using 2 buoys that are not connected to each other but are each connected to the nearest shore by rope with small floats at least every 8 feet, to restrict recreational access to the area while allowing access by boat to shorefront properties in the cove; and

(2) If either buoy is more than 300 feet from shore, one additional buoy shall be connected to the rope between that buoy and the shore.

(d) If the restricted use area is not in a cove, then:

(1) A minimum of 3 buoys that are connected to each other by rope with small floats at least every 8 feet shall be placed around the restricted use area; and

(2) The buoys shall be not more than 300 feet apart.

(e) All buoys required by (c) or (d), above, shall meet the requirements of Env-Wq 1304.04.

(f) Buoys and signs shall be removed at the end of each growing season, unless removed sooner pursuant to the de-listing process.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1304.04 Type of Warning Buoy {#sec-env-wq-1304.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1304.04}

The buoy used to warn of a restricted use area shall:

(a) Be a standard state danger buoy;

(b) Be white and international orange in color;

(c) Have an orange diamond symbol with an X through it; and

(d) Read as follows: “Restricted Use Area, pursuant to RSA 487. NH Dept. of Environmental Services 603-271-3503.”

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1304.05 Marking of Restricted Use Areas by Municipalities {#sec-env-wq-1304.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1304.05}

(a) Any municipality with a method of marking restricted use areas within municipal surface water supplies that is similar to the method described in Env-Wq 1304.03 and Env-Wq 1304.04 may request the department to approve the use of the method in lieu of Env-Wq 1304.03 and Env-Wq 1304.04, by submitting a request in writing to the department.

(b) The request shall describe the municipality’s method of marking restricted use areas and identify the area(s) to which it is to be applied.

(c) The department shall authorize the municipality to mark municipal surface water supplies using the municipality’s method if the municipality’s method is equivalent to or more stringent than the method identified in Env-Wq 1304.03 and Env-Wq 1304.04.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1304.06 Navigation Prohibition {#sec-env-wq-1304.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1304.06}

Subject to Env-Wq 1304.07, no person or equipment, including boaters, anglers, or other water users and private or commercial watercraft of any type, shall enter a restricted use area except in emergency situations where property or human life is endangered.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1304.07 Restricted Use Areas at Access Points {#sec-env-wq-1304.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1304.07}

If an infestation occurs at an access point to a marina or private residence, or at a public or private boat ramp, the access point shall only be used if a bottom barrier is put over the infestation to keep it from spreading or, if the water is too shallow for a bottom barrier, the weeds are hand-pulled, provided:

(a) The work is by SCUBA divers who have received weed control diver certification from the professional association of diving instructors;

(b) The project is conducted in accordance with a non-emergency response plan designed pursuant to Env-Wq 1305.03;

(c) The project is not located in prime wetlands, marshes, bogs, or tidal wetlands;

(d) Diver-assisted harvesting of exotic aquatic weeds in flowing waters shall only be initiated at the most upstream location of the infestation;

(e) The project is not in a wetland that has been identified by the department of natural and cultural resources, natural heritage inventory as an exemplary natural community or that has documented occurrences of state- or federally-listed endangered or threatened species; and

(f) The owner of the property obtains any permit or provides any notice required by RSA 482-A or Env-Wt 100 et seq.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1304.08 Signs {#sec-env-wq-1304.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1304.08}

The signs posted pursuant to Env-Wq 1304.03(a) shall:

(a) Be at least 8 ½ by 11 inches in size;

(b) Include a picture of a warning buoy; and

(c) Inform people that the purpose of the buoys is to mark a restricted use area and that the area must not be entered except in emergencies where property or human life is endangered.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1304.09 Installation and Removal of Buoys {#sec-env-wq-1304.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1304.09}

(a) The department shall install buoys during weekday office hours.

(b) The department shall remove the buoys at the end of each growing season, unless removed sooner pursuant to the de-listing process.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

Part Env-Wq 1305 Response Protocols for New Infestations

N.H. Code Admin. R. Ann. Env-Wq 1305.01 Emergency Response Protocol for Small New Infestations {#sec-env-wq-1305.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1305.01}

(a) Upon notification of a possible new infestation of exotic aquatic weeds, the department shall:

(1) Document the infestation in accordance with Env-Wq 1305.02; and

(2) Determine whether the infestation is small enough that eradication is reasonably possible based on the criteria specified in (b), below.

(b) The department shall determine that eradication is reasonably possible if:

(1) The infestation is present as:

a. A small patch or scattered individual stems, such that the infestation can be controlled by hand-pulling the subject plant stems using snorkeling or SCUBA diving activities; or

b. A single dense mat or a series of separate dense mats wherein each mat covers an area less than 400 square feet, such that the infestation can be controlled by installing bottom barriers; and

(2) The infestation is a new infestation in a previously-uninfested water body or in a previously-uninfested area of a water body having already-controlled or otherwise minimal infestations.

(c) If the infestation meets the criteria specified in (b), above, the department shall undertake hand-pulling or install bottom barriers, or both, whichever is most likely to control the infestation.

(d) If the infestation is not small enough to be controlled with hand-pulling or bottom barriers, the department shall develop a plan for an appropriate non-emergency response in accordance with Env-Wq 1305.03.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1305.02 Documentation of Infestation {#sec-env-wq-1305.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1305.02}

To document a new infestation, the department shall:

(a) Conduct a site inspection of the subject waterbody within 72 hours of a new report;

(b) Collect a specimen of the suspect plant;

(c) Determine whether the plant is a native or exotic species per RSA 487:16, II, as follows:

(1) When fruit or flower is present, the department shall make an identification directly; and

(2) When no fruit or flower is present, the department shall send the specimen for genetic analysis to verify the species level identification;

(d) Map and characterize the extent of the infestation;

(e) Document any native plant abundances and community structure around and dispersed within the exotic plant population; and

(f) Identify potential impacts to downstream habitats as a result of the infestation or possible control activities.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1305.03 Non-Emergency Response Plan {#sec-env-wq-1305.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1305.03}

(a) If an infestation does not qualify as a small new infestation per Env-Wq 1305.01, the department shall develop a plan in consultation with interested stakeholders, including affected municipalities and lake associations, to address the infestation as a non-emergency response.

(b) The department shall implement any portion of the plan developed pursuant to (a), above, that calls for department action.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

Part Env-Wq 1306 Exotic Aquatic Weed Infestation Control Grants

N.H. Code Admin. R. Ann. Env-Wq 1306.01 Eligibility for Exotic Aquatic Weed Infestation Control Grant {#sec-env-wq-1306.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1306.01}

To be eligible for a grant under RSA 487:21, III for a project to control infestations of exotic aquatic weeds, the proposed project shall:

(a) Be for a surface water of the state that is infested with at least one exotic aquatic weed listed in Env-Wq 1303.02; and

(b) Incorporate integrated pest management (IPM) strategies.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #9488, eff 6-23-09; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1306.02 Application for Exotic Aquatic Weed Infestation Control Grant {#sec-env-wq-1306.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1306.02}

(a) The applicant for a grant to control one or more infestations of exotic aquatic weeds shall complete and submit application for funding assistance on form NHDES-W-07021 “Application for Grant Watershed Management Bureau Exotic Aquatic Plant Control Grant Program”, (effective 01/25), obtained from the department to the department’s exotic species program by September 15 of the year preceding the year for which the grant is requested.

(b) The applicant, if an individual, or a responsible official of the organization or political subdivision that is applying for the grant who has been authorized to sign the application shall sign and date the application and print or type their name and title.

(c) The signature provided pursuant to (b), above, shall constitute certification that the individual is duly authorized to sign the application on behalf of the applicant and that the information contained in the application is true and complete to the signer’s information and belief.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1306.03 Eligibility Determinations {#sec-env-wq-1306.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1306.03}

(a) The department shall:

(1) Review all grant applications received on or before the deadline established in Env-Wq 1306.02(a) to determine whether the proposed project meets the eligibility criteria specified in Env-Wq 1306.01; and

(2) Assign points to the projects that meet the eligibility criteria in accordance with Env-Wq 1306.05.

(b) The department shall notify each applicant in writing of its eligibility determination, as follows:

(1) If a project is determined to be not eligible, the written notice shall specify the reason(s) for the determination; and

(2) If a project is determined to be eligible, the department shall request the applicant to:

a. Consult with the department to determine the scope and location of the proposed work;

b. Obtain bids for the proposed work; and

c. Submit a proposed grant amount based on the bids to the department within 30 days of the date of the notice.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1306.04 Grant Awards {#sec-env-wq-1306.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1306.04}

(a) After the deadline for submitting bids, the department shall allocate the available grant funds beginning with the highest-ranking project and continuing until no projects or funds remain, whichever occurs first.

(b) The department shall notify each applicant of the amount of grant funds awarded, if any.

(c) Each applicant who receives a grant award shall provide the following to the department prior to spending any grant funds:

(1) A new or updated W-9 form, as appropriate;

(2) An original certificate of good standing or a certificate of existence from the New Hampshire secretary of state’s office, as applicable;

(3) A signed and notarized standard state grant agreement form as promulgated by the New Hampshire departments of justice and administrative services or a document that contains equivalent terms; and

(4) A signed and notarized certificate of authority.

History

• (See Revision Note 1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; amd by #9488, eff 6-23-09; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1306.05 Prioritizing Exotic Aquatic Weed Infestation Control Projects {#sec-env-wq-1306.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1306.05}

Pursuant to RSA 487:18, the priority of proposed exotic aquatic weed infestation control projects shall be determined by totaling the points assigned under each of the following categories:

(a) Points assigned based on the type of infestation in the surface water shall be as follows:

(1) A surface water having one or more widespread and well-established infestations shall receive one point;

(2) A surface water having one or more established infestations that are showing signs of spreading to uninfested portions of the waterbody shall receive 3 points;

(3) A surface water having one or more infestations that first occurred within the past 12 months and are small or localized shall receive 5 points; and

(4) The score for this category shall be multiplied by a weighting factor of 4;

(b) Points assigned based on the type of proposed control action shall be as follows:

(1) Projects where herbicide treatment will be followed by non-chemical management efforts, such as hand removal or bottom barriers, shall receive one point;

(2) Projects where only non-herbicide controls will be used shall receive 3 points;

(3) Projects where a new or innovative IPM strategy will be tried that will minimize adverse effects on fish and wildlife, their habitats, and the environment shall receive 5 points; and

(4) The score for this category shall be multiplied by a weighting factor of 3;

(c) Points assigned based on the type and availability of public access sites and public boat access areas shall be as follows:

(1) Private ponds shall receive no points;

(2) Public bodies of water with no known public access site shall receive one point;

(3) Public bodies of water where the public access site is open land or beach and there is no public boat access area shall receive 3 points;

(4) Public bodies of water where a public boat access area exists shall receive 5 points; and

(5) The score for this category shall be multiplied by a weighting factor of 2;

(d) Points assigned based on the predominant use(s) of the surface water and surrounding land area shall be as follows:

(1) Surface waters where less than 30% of the shorefront is developed shall receive no points;

(2) Surface waters where the surrounding land use is mostly residential and boating is predominantly small motorized and unmotorized craft shall receive one point;

(3) Surface waters where the surrounding land use is a mix of residential and transient and boating is a mix of large and small motorized and unmotorized craft, shall receive 3 points;

(4) Surface waters designated as public water supplies shall receive 5 points; and

(5) The score for this category shall be multiplied by a weighting factor of 2;

(e) Points assigned based on the impact of the infestation to recreational and economic values of the surface water shall be as follows:

(1) Infestations in areas of a surface water that are off-shore of mostly-undeveloped land areas where there is little impact to recreational or commercial uses shall receive no points;

(2) Infestations with mostly residential aesthetic impacts shall receive one point;

(3) Infestations with impacts to residential boat access or beaches as well as to residents shall receive 3 points; and

(4) Infestations with impacts to commercial operations, such as marinas, public beaches, motels, restaurants, and public docks, shall receive 5 points;

(f) Points assigned based on the impact of the infestation to ecological values of the surface water shall be as follows:

(1) Infestations that are physically contained and do not threaten the life cycle of native aquatic plant or animal communities shall receive no points;

(2) Infestations that are rapidly spreading and threaten the life cycle of native plant and animal communities shall receive 3 points; and

(3) Infestations that pose a risk to rare, threatened, or endangered plant or animal species within a surface water shall receive 5 points;

(g) Points assigned based on the treatment history of the surface water shall be as follows:

(1) Projects funded within the last 2 years shall receive no points;

(2) Projects not funded within the last 2 years where there was no request for funding in those 2 years shall receive one point;

(3) Projects not funded within the last 2 years where funding was requested and denied due to lack of available funds shall receive 3 points; and

(4) Projects not previously funded shall receive 5 points; and

(h) Points assigned based on the amount of local match shall be as follows:

(1) Projects where the applicant proposes to provide not more than 50% match for the project shall receive no points;

(2) Projects where the applicant proposes to provide at least 50% but less than 65% match for the project shall receive one point;

(3) Projects where the applicant proposes to provide at least 65% but less than 80% match for the project shall receive 3 points; and

(4) Projects where the applicant proposes to provide 80% or more match for the project shall receive 5 points.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1306.06 Contracting Procedures {#sec-env-wq-1306.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1306.06}

Grant recipients shall comply with all applicable federal, state, and local contracting requirements when contracting for services to control or eradicate infestations of exotic aquatic weeds.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1306.07 Reporting Requirements {#sec-env-wq-1306.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1306.07}

(a) For maintenance projects using aquatic herbicides, the grant recipient shall submit a report at the end of the growing season that identifies the type of herbicide, rate of chemical application, success of the treatment, total project cost, and impacts to any non-target aquatic or land-based plant or animal species, and provides a summary of IPM strategies used during the grant period.

(b) To satisfy the reporting requirement of (a), above, the grant recipient may submit a photocopy or electronic copy of the aquatic pesticide project report submitted to the department of agriculture, markets and foods pursuant to Pes 603.03(c)(27), or any successor rule, that the grant recipient has supplemented with any information required by (a), above, that is not already in the report.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1306.08 Recordkeeping Requirements {#sec-env-wq-1306.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1306.08}

All grant recipients shall keep detailed records of documented grant disbursements, match, and project tasks and deliverables for a period of 3 years from the end of the contractual period for the grant.

History

• (See Revision Note 1 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss bv #14186, eff 1-25-25

Part Env-Wq 1307 Diagnostic and Feasibility Studies

N.H. Code Admin. R. Ann. Env-Wq 1307.01 Nomination for Diagnostic and Feasibility Study {#sec-env-wq-1307.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1307.01}

(a) A nomination for water body for inclusion in the diagnostic and feasibility study program established under RSA 487:21, I, shall be filed:

(1) By a municipality or an organization, such as a lake association, that is in good standing with the New Hampshire secretary of state; and

(2) For a surface water that meets the eligibility criteria specified in Env-Wq 1307.02.

(b) The nominating entity shall provide the information specified in Env-Wq 1307.03 in writing to the NHDES limnology center director and clean lakes program coordinator.

History

• (See Revision Note 1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; amd by #9488, eff 6-23-09 ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1307.02 Eligibility Criteria for Diagnostic and Feasibility Studies {#sec-env-wq-1307.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1307.02}

To be eligible for participation in the diagnostic and feasibility study program established under RSA 487:21, I, the water body shall be:

(a) A surface water of the state that is:

(1) Listed as impaired on the current or draft list prepared pursuant to §303(d) of the federal Clean Water Act as specified in 40 CFR 130.7;

(2) Identified as being at risk of being impaired in documented Volunteer Lake Assessment Program (VLAP) data demonstrating a statistically-significant decline in water quality; or

(3) Experiencing change(s) within its boundaries or within its watershed that are deemed a significant risk to the water quality and designated water uses by the department pursuant to section 305(b) of the federal Clean Water Act as specified in 40 CFR 130.8; and

(b) The subject of an organized and coordinated water quality monitoring program that has collected water quality data spanning 10 or more consecutive years, such that:

(1) The surface water is monitored at least 3 times from May 15 through October 1, with samples being taken at least 30 days apart; and

(2) All analyses were performed by a laboratory accredited for the analyses by the department pursuant to Env-C 300 or by EPA or another government agency using National Environmental Laboratory Accreditation Committee standards.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1307.03 Information Required for Nominations {#sec-env-wq-1307.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1307.03}

(a) The nominating entity shall provide the following information:

(1) The entity’s name and mailing address;

(2) The name, daytime telephone number with area code, and email address, if any, of an individual who can be contacted on behalf of the entity with questions regarding the nomination;

(2) The name of the surface water that would be the subject of the study, whether it is public or private, and the name of each town in which it is located;

(3) Certification that the surface water meets the eligibility criteria specified in Env-Wq 1307.02;

(4) The reason(s) for nomination;

(5) Observations related to declines in the recreational, ecological, and economic value of the surface water due to impairment;

(6) Specific areas of concern in the surface water or watershed, or both;

(7) Desired outcomes for surface water and watershed conditions; and

(8) The level of financial support and volunteer participation the entity is prepared to provide during the study and implementation phases.

(b) A responsible official of the entity that is nominating the water body who has been authorized to sign the application shall sign and date the application and print or type their name and title.

(c) The signature provided pursuant to (b), above, shall constitute certification that the individual is duly authorized to sign the application on behalf of the entity and that the information contained in the application is true and complete to the signer’s information and belief.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1307.04 Participation Determinations {#sec-env-wq-1307.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1307.04}

(a) The department shall review each nomination received to:

(1) Determine whether the nominating entity and water body meet the eligibility criteria specified in Env-Wq 1307.01(a) and Env-Wq 1307.02, respectively; and

(2) Assign points using the prioritization criteria specified in Env-Wq 1307.05 to each nomination that meets the eligibility criteria.

(b) The department shall notify each nominating entity in writing regarding whether or not the proposed project was selected for participation. If the proposed project was not selected, the written notice shall specify the reason(s) for the decision.

(c) The department shall maintain a list of accepted nominations, ranked in order of the number of points assigned.

(d) As funds become available, the department shall conduct diagnostic and feasibility studies in the order on the ranked list.

History

• (See Revision Note #1 at chapter heading for Env-Wq 1300) #8703-A, eff 9-5-06; ss by #10696, eff 10-18-14 (See Revision Note #2 at chapter heading for Env-Wq 1300); ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1307.05 Prioritizing Diagnostic and Feasibility Studies {#sec-env-wq-1307.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1307.05}

Pursuant to RSA 487:18, project priority shall be determined by totaling the points assigned under each of the following categories:

(a) Points assigned based on the degree of impairment of the surface water shall be as follows:

(1) Lakes and ponds not listed as impaired on the current or draft list prepared pursuant to section 303(d) of the federal Clean Water Act as specified in 40 CFR 130.7 shall receive no points;

(2) Lakes and ponds not listed as impaired on the current or draft list prepared pursuant to section 303(d) of the federal Clean Water Act as specified in 40 CFR 130.7, but identified as being at risk of being impaired in documented Volunteer Lake Assessment Program (VLAP) data demonstrating a statistically-significant decline in water quality shall receive 3 points;

(3) Lakes and ponds listed as impaired on the current or draft list prepared pursuant to section 303(d) of the federal Clean Water Act as specified in 40 CFR 130.7 shall receive 5 points; and

(4) The score for this category shall be multiplied by a weighting factor of 4;

(b) Points assigned based on the type and availability of public access sites and public boat access areas shall be as follows:

(1) Privates lakes and ponds shall receive no points;

(2) Public bodies of water with no known public access site shall receive one point;

(3) Public bodies of water where the public access site is open land or beach and there is no public boat access area shall receive 3 points;

(4) Public bodies of water where a public boat access area exists shall receive 5 points; and

(5) The score for this category shall be multiplied by a weighting factor of 2;

(c) Points assigned based on the predominant use(s) of the surface water and surrounding land area shall be as follows:

(1) Surface waters where less than 30% of the shorefront is developed shall receive no points;

(2) Surface waters where the surrounding land use is mostly residential and boating is predominantly small motorized and unmotorized craft shall receive one point;

(3) Surface waters where the surrounding land use is a mix of residential and transient and boating is a mix of large and small motorized and unmotorized craft shall receive 3 points;

(4) Surface waters designated as public water supplies shall receive 5 points; and

(5) The score for this category shall be multiplied by a weighting factor of 2;

(d) Points assigned based on the impact of the impairment or potential impairment to recreational and economic values of the surface water shall be as follows:

(1) The impairment is to areas of a surface water that are off-shore of mostly-undeveloped land areas where there is little impact to recreational or commercial uses shall receive no points;

(2) The impairment is on lakes and ponds with mostly residential aesthetic impacts shall receive one point;

(3) The impairment impacts residential or public beaches shall receive 3 points; and

(4) The impairment impacts commercial operations, such as marinas, public beaches, motels, restaurants, and public docks, shall receive 5 points;

(e) Points assigned based on the impact of the impairment or potential impairment to ecological values of the surface water shall be as follows:

(1) Impairments to mostly non-native plant or animal communities in the lake or pond shall receive no points; and

(2) Impairments to native plant or animal species, such that the identified impairment would reduce the habitat for those species to the point where their abundance may be altered, shall receive 3 points; and

(f) Points assigned based on the amount of local match shall be as follows:

(1) Projects where the applicant proposes to provide not more than 50% match for the project shall receive no points;

(2) Projects where the applicant proposes to provide at least 50% but less than 65% match for the project shall receive one point;

(3) Projects where the applicant proposes to provide at least 65% but less than 80% match for the project shall receive 3 points; and

(4) Projects where the applicant proposes to provide 80% or more match for the project shall receive 5 points.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss bv #14186, eff 1-25-25

Part Env-Wq 1308 Exotic Aquatic Weed Infestation Prevention Grants

N.H. Code Admin. R. Ann. Env-Wq 1308.01 Eligibility for Exotic Aquatic Weed Infestation Prevention Grant {#sec-env-wq-1308.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1308.01}

To be eligible for a grant under RSA 487:21, III for a project to prevent infestations of exotic aquatic weeds, the proposed project shall:

(a) Affect one or more surface waters of the state; and

(b) Address at least one of the exotic aquatic weed species identified in Env-Wq 1303.02.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1308.02 Application for Exotic Aquatic Weed Infestation Prevention Grant {#sec-env-wq-1308.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1308.02}

(a) The applicant for a grant to prevent infestations of exotic aquatic weeds shall complete and submit application for funding assistance on form NHDES-W-07W041 “Exotic Aquatic Weed Infestation Prevention Grant Application Watershed Management Bureau”, (effective 01/25), to the department’s exotic species program by November 15 of the year preceding the year for which the grant is requested.

(b) That application shall include:

(1) The project narrative and its requirements including:

a. A clear and concise description of the purpose and goals of the project relative to exotic aquatic weed infestation prevention activities and, for each goal, how the determination of whether the goal was achieved will be made;

b. A list of each task to be undertaken as part of the project and the following information for

each:

i. Name of task;

ii. Timeframe for task;

iii. The name and daytime contact information for the individual who will perform the task;

iv. A brief summary of task, including its purpose and result and whether the task will occur on privately-owned property; and

v. The name of each other project partner that has a role in accomplishing the task with a description of that role;

(2) The copy(ies) of the owner’s permission to enter; and

(3) The documentation of local support for the project, including support from nearby landowners, watershed groups, public water suppliers, municipalities, water users, and other organizations with an interest in milfoil and other exotic aquatic weed infestation prevention.

(b) The application shall include a proposed project budget that identifies the quantity, rate or per unit cost, total cost, match amount and source, and grant amount for each budget item, including but not limited to equipment, labor, materials and supplies, salary and benefits, and contracted services, subject to the following:

(1) Applicants for prevention grants shall provide at least 50% match of the total project cost;

(2) The local match may include contributions of cash or the value of donated services from individuals, organizations, or municipalities;

(3) Volunteer labor may be valued as match at a rate identified for New Hampshire in the Independent Sector’s Value of Volunteer Time, http://www.independentsector.org/volunteer_time;

(4) Donated professional services may be valued as match at a documented professional rate; and

(5) Donated equipment may be valued as match using market leasing rates.

(d) A responsible official of the organization or political subdivision that is applying for the grant who has been authorized to sign the application shall sign and date the application and print or type their name and title.

(e) The signature provided pursuant to (c), above, shall constitute certification that the individual is duly authorized to sign the application on behalf of the applicant and that the information contained in the application is true and complete to the signer’s information and belief.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss bv #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1308.03 Funding Determinations {#sec-env-wq-1308.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1308.03}

(a) The department shall review all grant applications received prior to the deadline established in Env-Wq 1308.02(a), rank them using the prioritization criteria specified in Env-Wq 1308.04, and assign funding amounts based on available funds.

(b) The department shall notify each applicant in writing regarding whether or not a grant was awarded. If a grant is not awarded, the written notice shall specify the reason(s) for the decision.

(c) Upon notification of grant award, the applicant shall provide the following to the department:

(1) A new or updated W-9 form, as appropriate;

(2) An original certificate of good standing or a certificate of existence from the New Hampshire secretary of state’s office, as applicable;

(3) A signed and notarized standard state grant agreement form as promulgated by the New Hampshire departments of justice and administrative services or a document that contains equivalent terms; and

(4) A signed and notarized certificate of authority.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss bv #14186, eff 1-25-25 (formerly Env-Wq 1308.05)

N.H. Code Admin. R. Ann. Env-Wq 1308.04 Prioritizing Exotic Aquatic Weed Infestation Prevention Projects {#sec-env-wq-1308.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1308.04}

Pursuant to RSA 487:18, project priority shall be determined by totaling the points assigned under each of the following categories:

(a) Points assigned based on the scope of the project’s impact shall be as follows:

(1) A project to provide educational information at a single waterbody shall receive one point for each public access site and public boat access area at which the information will be provided and one point per 100 people who historically have used the access site or area; and

(2) A project intended to provide educational information at more than one waterbody shall receive one point for each waterbody, one point for each public access site and public boat access area at which the information will be provided, and one point per 100 people who historically have used the access site or area;

(b) Points assigned based on the number of species and the impact of potential infestations to ecological values of the surface water shall be as follows:

(1) A project shall receive one point for each exotic aquatic weed species listed in Env-Wq 1303.02 proposed to be addressed; and

(2) A project shall receive one additional point for each species that typically spreads rapidly and threatens the life cycle of native plant and animal communities;

(c) Points assigned based on the type of project shall be as follows:

(1) A project that proposes to use materials or methods that are completely untested shall receive no points;

(2) A project that proposes to use materials or methods that have been shown in limited uses to be effective shall receive 3 points; and

(3) A project that proposes to use materials or methods that have a strong record of success shall receive 5 points; and

(d) Points assigned based on the amount of local match shall be as follows:

(1) A project where the applicant proposes to provide a 50% match for the project shall receive no points;

(2) A project where the applicant proposes to provide at least 50% but less than 65% match for the project shall receive one point;

(3) A project where the applicant proposes to provide at least 65% but less than 80% match for the project shall receive 3 points; and

(4) A projects where the applicant proposes to provide 80% or more match for the project shall receive 5 points.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss bv #14186, eff 1-25-25 (formerly Env-Wq 1308.06)

N.H. Code Admin. R. Ann. Env-Wq 1308.05 Required Records {#sec-env-wq-1308.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1308.05}

(a) The grant recipient shall maintain:

(1) Accounting records to show how grant money was spent and how it was matched;

(2) A project record to document completion of each project task and whether any modifications were made to the task; and

(3) Records to document whether the goals of the project were achieved.

(b) The grant recipient shall make the records required by (a), above, available for review by the department during normal business hours at the department’s request.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss bv #14186, eff 1-25-25 (formerly Env-Wq 1308.07)

N.H. Code Admin. R. Ann. Env-Wq 1308.06 Required Reports {#sec-env-wq-1308.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1308.06}

(a) The grant recipient shall submit a written report to the department at the completion of the project.

(b) The report required by (a), above, shall include:

(1) A description of any deviations or modifications to the project as described in the application were made, and if so, why;

(2) Whether the goals of the project were achieved, and if not achieved, the likely reason(s) why;

(3) A table summarizing and enumerating the tasks and deliverables realized or achieved for each task outlined in the project proposal; and

(4) The final actual budget for the project, highlighting any amendments made during the course of the project, and including the types and amount of match contributed towards the grant.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss bv #14186, eff 1-25-25 (formerly Env-Wq 1308.08)

Part Env-Wq 1309 Exotic Aquatic Weed Research Grants

N.H. Code Admin. R. Ann. Env-Wq 1309.01 Eligibility for Exotic Aquatic Weed Research Grant {#sec-env-wq-1309.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1309.01}

To be eligible for a grant under RSA 487:21, III for a project to research exotic aquatic weeds, the proposed project shall:

(a) Address the biology, ecology, or control, or any combination thereof, of one or more exotic aquatic weeds listed in Env-Wq 1303.02;

(b) Be executed by researchers affiliated with academia or by private consultants holding degrees in aquatic ecology, biology, chemistry, or related fields; and

(c) Incorporate integrated pest management (IPM) strategies, if the project is related to an exotic aquatic weed control activity.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss by #14186, eff 1-25-25

N.H. Code Admin. R. Ann. Env-Wq 1309.02 Application for Exotic Aquatic Weed Research Grant {#sec-env-wq-1309.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1309.02}

(a) The applicant for an exotic aquatic weed research grant shall complete and submit application for funding assistance on form NHDES-W-07-049 “Research Grant Application Watershed Management Bureau Milfoil and Other Exotic Aquatic Plant”, (effective 01/25), to the department’s exotic species program by November 15 of the year preceding the year for which the grant is requested.

(b) The application shall include:

(1) The project narrative and its requirements that includes the following:

a. A clear and concise description of the purpose and goals of the project relative to exotic aquatic weed research and, for each goal, how the determination of whether the goal was achieved will be made;

b. A concise summary of what the project is intended to accomplish, who will do it, specific field or laboratory methods to be used, where the work will occur, and estimated dates of project initiation and completion;

c. A list of each research team member responsible for more than administrative functions, and for each a brief description of the individual’s relevant experience and education;

d. A list of each task to be undertaken as part of the project, and for each a brief explanation of what will be accomplished, who is responsible, and when it will be completed;

e. A list of target species; and

f. A description of the target audience, if applicable; and

(2) If the project is targeted to a specific waterbody, the location map, designs, and graphics in the form of a. A U.S. Geological Survey map having a 1:20,000 scale, with the project location and surrounding watershed clearly marked.

(c) The application shall include a proposed project budget that identifies the quantity, rate or per unit cost, total cost, match amount and source, and grant amount for each budget item, including but not limited to equipment, labor, materials and supplies, salary and benefits, and contracted services, subject to the following:

(1) Applicants for research grants shall indicate what match level, if any, will be provided towards the total project cost;

(2) The match may include contributions of cash or the value of donated services from individuals, organizations, or municipalities;

(3) Volunteer labor may be valued as match at a rate identified for New Hampshire in the Independent Sector’s Value of Volunteer Time, http://www.independentsector.org/volunteer_time;

(4) Donated professional services may be valued as match at a documented professional rate; and

(5) Donated equipment may be valued as match using market leasing rates.

(d) A responsible official of the organization or political subdivision that is applying for the grant who has been authorized to sign the application shall sign and date the application and print or type their name and title.

(e) The signature provided pursuant to (c), above, shall constitute certification that the individual is duly authorized to sign the application on behalf of the applicant and that the information contained in the application is true and complete to the signer’s information and belief.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss by #14186, eff 1-25-25 (formerly Env-Wq 1309.02)

N.H. Code Admin. R. Ann. Env-Wq 1309.03 Funding Determinations {#sec-env-wq-1309.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1309.03}

(a) The department shall review all grant applications received prior to the deadline established in Env-Wq 1309.02(a), rank them using the prioritization criteria specified in Env-Wq 1309.06, and assign funding amounts based on available funds.

(b) The department shall notify each applicant in writing regarding whether or not a grant was awarded. If a grant is not awarded, the written notice shall specify the reason(s) for the decision.

(c) Upon notification of grant award, the applicant shall provide the following to the department:

(1) A new or updated W-9 form, as appropriate;

(2) An original certificate of good standing or a certificate of existence from the New Hampshire secretary of state’s office, as applicable;

(3) A signed and notarized standard state grant agreement form as promulgated by the New Hampshire departments of justice and administrative services or a document that contains equivalent terms; and

(4) A signed and notarized certificate of authority.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss by #14186, eff 1-25-25 (formerly Env-Wq 1309.05)

N.H. Code Admin. R. Ann. Env-Wq 1309.04 Prioritizing Exotic Aquatic Weed Research Projects {#sec-env-wq-1309.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1309.04}

Pursuant to RSA 487:18, project priority shall be determined by totaling the points assigned under each of the following categories:

(a) Points assigned based on the project’s approach shall be as follows:

(1) A project to research a new in-water approach for controlling existing infestations shall receive one point;

(2) A project to research the biology or ecology of a species on the list in Env-Wq 1303.02 that is not well understood shall receive 2 points; and

(3) A project to research a new approach to preventing new infestations shall receive 3 points;

(b) Points assigned based on the number of species and the impact of potential infestations to ecological values of the surface water shall be as follows:

(1) A project shall receive one point for each species on the list in Env-Wq 1303.02 proposed to be addressed; and

(2) A project shall receive one additional point for each species that typically spreads rapidly and threatens the life cycle of native plant and animal communities; and

(c) Points assigned based on the amount of local match shall be as follows:

(1) A project where the applicant proposes to provide less than a 50% match for the project shall receive no points;

(2) A project where the applicant proposes to provide at least 50% but less than 65% match for the project shall receive one point;

(3) A project where the applicant proposes to provide at least 65% but less than 80% match for the project shall receive 3 points; and

(4) A projects where the applicant proposes to provide 80% or more match for the project shall receive 5 points.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss by #14186, eff 1-25-25 (formerly Env-Wq 1309.06)

N.H. Code Admin. R. Ann. Env-Wq 1309.05 Required Records {#sec-env-wq-1309.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1309.05}

(a) The grant recipient shall maintain:

(1) Accounting records to show how grant money was spent and how it was matched;

(2) A project record to document completion of each project task and whether any modifications were made to the task; and

(3) Records to document whether the goals of the project were achieved.

(b) The grant recipient shall make the records required by (a), above, available for review by the department during normal business hours at the department’s request.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14; ss by #14186, eff 1-25-25 (formerly Env-Wq 1309.07)

N.H. Code Admin. R. Ann. Env-Wq 1309.06 Required Reports {#sec-env-wq-1309.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1309.06}

(a) The grant recipient shall submit a written report to the department at the completion of the project.

(b) The report required by (a), above, shall include:

(1) A description of any deviations or modifications to the project as described in the application were made, and if so, why;

(2) A detailed explanation of the findings of the study, formatted as either a technical report or as a scientific paper manuscript, including sections for introduction, methods, results, and a discussion of findings, as well tables and figures as may be appropriate to relay data collected as part of the study;

(3) Whether the goals of the project were achieved, and if not achieved, the likely reason(s) why; and

(4) The final actual budget for the project, highlighting any amendments made during the course of the project, and including the types and amount of match contributed towards the grant.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Env-Wq 1301

RSA 487:15 – 23

Env-Wq 1302

RSA 487:15 – 23

Env-Wq 1303

RSA 487:16-a

Env-Wq 1304

RSA 487:17, II(d)

Env-Wq 1305

RSA 487:17, II(c)

Env-Wq 1306

RSA 487:17, :20, :21

Env-Wq 1306.01

RSA 487:17, I(c), II, & III; RSA 487:18, :20, :21

Env-Wq 1306.04(a)

RSA 487:17, :18

Env-Wq 1307

RSA 487:17, :18, :20, :21, :22

Env-Wq 1307.01

RSA 487:17, I(c), II, & III; RSA 487:18, :20, :21

Env-Wq 1308

RSA 487:26-29

Env-Wq 1309

RSA 487:26-29

Appendix B: Statutory Definitions

271:20-a Definition of Public Access. –

I. Public access to public waters means legal passage to any of the public waters of the state by way of designated contiguous land owned or controlled by a state agency, assuring that all members of the public shall have access to and use of the public waters for recreational purposes.

II. Public access also means that no barriers or other impediments shall exist in the roads and ways leading to any of the public waters.

485-A:2 Definitions. –

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

487:16 Definitions. – In this subdivision:

II. The term “exotic aquatic weeds” includes only those species of vascular aquatic plants which were not part of New Hampshire's native aquatic flora before 1950. Cabomba caroliniana and Myriophyllum heterophyllum are examples of exotic aquatic weeds.

History

• (See Revision Note #2 at chapter heading for Env-Wq 1300) #10696, eff 10-18-14 (formerly Env-Wq 1309.08)

Chapter Env-Wq 1400 Shoreland Protection

Part Env-Wq 1401 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 1401.01 Purpose {#sec-env-wq-1401.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1401.01}

The purpose of these rules is to implement RSA 483-B, the shoreland water quality protection act.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1401.02 Applicability {#sec-env-wq-1401.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1401.02}

These rules shall apply to all land areas that fall within the definition of protected shoreland in RSA 483-B:4, XV.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1402 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1402.01 Abutter {#sec-env-wq-1402.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.01}

“Abutter” means “abutter” as defined in RSA 483-B:4, I, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.02 Accessory structure {#sec-env-wq-1402.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.02}

“Accessory structure” means “accessory structure” as defined in RSA 483-B:4, II, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.03 Commissioner {#sec-env-wq-1402.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.03}

“Commissioner” means “commissioner” as defined in RSA 483-B:4, IV, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.04 Construction {#sec-env-wq-1402.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.04}

“Construction” means, for the purpose of RSA 483-B:5-b, I(a):

(a) The erection, demolition, reconstruction, or alteration of any structure; or

(b) Any activity that results in an increase in the impervious surface area on a property.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.05 Department {#sec-env-wq-1402.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.05}

“Department” means “the department of environmental services” as defined in RSA 483-B:4, V, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.06 Disturbed area {#sec-env-wq-1402.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.06}

“Disturbed area” means “disturbed area” as defined in RSA 483-B:4, VI, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.07 Excavation {#sec-env-wq-1402.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.07}

“Excavation” means, for the purpose of RSA 483-B:5-b, I(a), to dig, remove, form a cavity or a hole in, or otherwise remove material from an area within the department’s jurisdiction.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.08 Fertilizer {#sec-env-wq-1402.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.08}

“Fertilizer” as used in RSA 483-B:9, means any substance, other than limestone, that contains any recognized plant nutrient which is designed or intended for use in promoting plant growth or health or claimed to have value in promoting plant growth or health, or which is used with the intent of prompting plant growth or health.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16; ss by #13425, eff 8-2-22

N.H. Code Admin. R. Ann. Env-Wq 1402.09 Fill {#sec-env-wq-1402.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.09}

“Fill” as a noun means any rock, soil, gravel, sand, or other material that has been deposited or caused to be deposited by human activity.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.10 Fill {#sec-env-wq-1402.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.10}

“Fill” as a verb means to place or deposit materials in or on a wetland, surface water body, or bank, or otherwise in or on an area within the jurisdiction of the department.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.11 Footprint {#sec-env-wq-1402.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.11}

“Footprint” means:

(a) When used in RSA 483-B:11, I, the area of land surface that lies directly beneath the limits of the exterior walls of a structure, whether the structure rests directly on the ground or is raised above the ground surface; and

(b) For all other purposes, the area outlined by the vertical projection of an impervious surface onto the ground surface where it is or will be located.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.12 Ground cover {#sec-env-wq-1402.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.12}

“Ground cover” means “ground cover” as defined in RSA 483-B:4, VII, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.13 Impervious surface area {#sec-env-wq-1402.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.13}

“Impervious surface area” means, for purposes of the impervious surface limitation specified in RSA 483-B:9, V(g), the sum total of the footprint of each impervious surface that is located within the protected shoreland. The term includes “composed of impervious surfaces”.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.14 Impervious surface {#sec-env-wq-1402.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.14}

“Impervious surface” means “impervious surface” as defined in RSA 483-B:4, VII-b, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.15 Lot of record {#sec-env-wq-1402.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.15}

“Lot of record” means “lot of record” as defined in RSA 483-B:4, VIII, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.16 Low phosphate, slow release nitrogen fertilizer {#sec-env-wq-1402.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.16}

“Low phosphate, slow release nitrogen fertilizer” means fertilizer that is guaranteed, as indicated on the package label, to contain:

(a) Not more than 2% phosphorus; and

(b) A nitrogen component which is at least 50% slow release nitrogen components.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.17 Municipality {#sec-env-wq-1402.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.17}

“Municipality” means “municipality” as defined in RSA 483-B:4, X, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.18 Natural woodland buffer {#sec-env-wq-1402.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.18}

“Natural woodland buffer” means “natural woodland buffer” as defined in RSA 483-B:4, XI, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.19 Non-conforming lot of record {#sec-env-wq-1402.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.19}

“Non-conforming lot of record” means “nonconforming lot of record” as defined in RSA 483-B:4, XI-c, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.20 Nonconforming structure {#sec-env-wq-1402.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.20}

“Nonconforming structure” means “nonconforming structure” as defined in RSA 483-B:4, XI-d, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.21 Open porch {#sec-env-wq-1402.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.21}

“Open porch” means a porch that is supported by pilings or post supports but that does not have permanent foundation walls, insulation, or a heat source. The term includes a porch that is screened but does not include a porch that is enclosed in whole or in part with glass or any other material designed or intended to provide a weather-proof barrier.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.22 Ordinary high water mark {#sec-env-wq-1402.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.22}

“Ordinary high water mark” means “ordinary high water mark” as defined in RSA 483-B:4, XI-e, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.23 Person {#sec-env-wq-1402.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.23}

“Person” means “person” as defined in RSA 483-B:4, XII, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.24 Pre-existing nonconforming primary structure {#sec-env-wq-1402.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.24}

“Pre-existing nonconforming primary structure” means a primary structure that does not meet current setback requirements and that was built prior to:

(a) July 2, 2002, for properties on the Connecticut River;

(b) June 15, 1998, for properties on the Lamprey River, the Swift River, and those portions of the Merrimack River and the Contoocook River designated prior to that date for protection under RSA 483, as provided by Laws of 1998, 182:1;

(c) July 1, 1994, for all other properties that are subject to RSA 483-B other than those specified in (d), below; and

(d) April 1, 2008, for properties that are included as a result of Laws of 2007, Ch. 267, namely all properties on designated rivers not included in (a) or (b), above, and fourth order streams classified pursuant to RSA 483-B:4, XVI(c) that were not previously classified as fourth order.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.25 Primary building line {#sec-env-wq-1402.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.25}

“Primary building line” means “primary building line” as defined in RSA 483-B:4, XIII, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.26 Primary structure {#sec-env-wq-1402.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.26}

“Primary structure” means “primary structure” as defined in RSA 483-B:4, XIV, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.27 Project {#sec-env-wq-1402.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.27}

“Project” means the full scope of development activities that are proposed to take place on a parcel of property within 5 years of the application date.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.28 Protected shoreland {#sec-env-wq-1402.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.28}

“Protected shoreland” means “protected shoreland” as defined in RSA 483-B:4, XV, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.29 Public waters {#sec-env-wq-1402.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.29}

“Public waters” means “public waters” as defined in RSA 483-B:4, XVI, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.30 Reference line {#sec-env-wq-1402.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.30}

“Reference line” means “reference line” as defined in RSA 483-B:4, XVII, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.31 Removal or removed {#sec-env-wq-1402.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.31}

“Removal or removed” means “removal or removed” as defined in RSA 483-B:4, XVIII, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.32 Repeat violation {#sec-env-wq-1402.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.32}

“Repeat violation” means “repeat violation” as defined in RSA 483-B:4, XVIII-a, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.33 Repair {#sec-env-wq-1402.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.33}

“Repair” means “repair” as defined in RSA 483-B:4, XVIII-b, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.34 Replace in kind {#sec-env-wq-1402.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.34}

“Replace in kind” means “replace in kind” as defined in RSA 483-B:4, XVIII-c, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.35 Replacement system {#sec-env-wq-1402.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.35}

“Replacement system” means “replacement system” as defined in RSA 483-B:4, XVIII-d, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.36 Residential unit {#sec-env-wq-1402.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.36}

“Residential unit” means “residential unit” as defined in RSA 483-B:4, XIX, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.37 Sapling {#sec-env-wq-1402.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.37}

“Sapling” means “sapling” as defined in RSA 483-B:4, XX, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.38 Segment {#sec-env-wq-1402.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.38}

“Segment” means a section of waterfront buffer delineated in accordance with RSA 483-B:9, V(a)(2)(D). The term includes full segments, meaning a 50 foot by 50 foot area, and partial segments, meaning any area that does not comprise a full segment.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.39 Shoreland frontage {#sec-env-wq-1402.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.39}

“Shoreland frontage” means “shoreland frontage” as defined in RSA 483-B:4, XX-a, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.40 Shoreland permit {#sec-env-wq-1402.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.40}

“Shoreland permit” means a permit issued under RSA 483-B:5-b, I(a) other than a permit by notification.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.41 Shrub {#sec-env-wq-1402.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.41}

“Shrub” means “shrub” as defined in RSA 483-B:4, XXI, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.42 Stabilized {#sec-env-wq-1402.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.42}

“Stabilized” means conditions under which soils will not erode.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.43 Structure {#sec-env-wq-1402.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.43}

“Structure” means “structure” as defined in RSA 483-B:4, XXII, as reprinted in Appendix B. The term does not include any item that can readily be moved from one location to another, including but not limited to picnic tables, lawn furniture, swing-sets, and poles used to support items such as clotheslines, bird houses, bird feeders, or lawn ornaments.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.44 Subdivision {#sec-env-wq-1402.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.44}

“Subdivision” means “subdivision” as defined in RSA 483-B:4, XXIII, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.45 Tree {#sec-env-wq-1402.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.45}

“Tree” means “tree” as defined in RSA 483-B:4, XXIV, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.46 Unaltered state {#sec-env-wq-1402.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.46}

“Unaltered state” means “unaltered state” as defined in RSA 483-B:4, XXIV-b, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.47 Unsafe tree {#sec-env-wq-1402.47 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.47}

“Unsafe tree” means a tree that has a structural defect and poses an imminent hazard to structures or to personal property or safety.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.48 Urbanization {#sec-env-wq-1402.48 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.48}

“Urbanization” means “urbanization” as defined in RSA 483-B:4, XXV, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.49 Water dependent structure {#sec-env-wq-1402.49 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.49}

“Water dependent structure” means “water dependent structure” as defined in RSA 483-B:4, XXVI, as reprinted in Appendix B.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1402.50 Waterfront buffer {#sec-env-wq-1402.50 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1402.50}

“Waterfront buffer” means the protected shoreland within 50 feet of the reference line, as specified in RSA 483-B:9, V(a)(1).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1403 Maintenance of the Waterfront Buffer and the Natural Woodland Buffer

N.H. Code Admin. R. Ann. Env-Wq 1403.01 Maintenance of the Waterfront Buffer {#sec-env-wq-1403.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1403.01}

(a) Within the waterfront buffer, no person shall undertake any activity in violation of RSA 483-B:9, V(a).

(b) The department shall proceed in accordance with RSA 483-B:5 to require the property owner to restore the waterfront buffer if the department determines that any of the provisions of RSA 483-B:9, V(a) have been violated.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1403.02 Maintenance of the Natural Woodland Buffer. {#sec-env-wq-1403.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1403.02}

(a) Within the natural woodland buffer, no person shall undertake any activity in violation of RSA 483-B:9, V(b).

(b) The department shall proceed in accordance with RSA 483-B:5 to require the property owner to restore the natural woodland buffer if the department determines that any of the provisions of RSA 483-B:9, V(b) have been violated.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1403.03 Construction Within the Protected Shoreland {#sec-env-wq-1403.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1403.03}

(a) All impacts related to construction shall be completely contained within the area of disturbance allowed by RSA 483-B:9, V(b)(2)(A) as appropriate given the area of the lot within the natural woodland buffer.

(b) Within 3 days of final grading or temporary suspension of work in an area that is in the protected shoreland, all exposed soil areas shall be stabilized by:

(1) Seeding and mulching, if during the growing season;

(2) If not within the growing season, by mulching with tack or netting; or

(3) With an alternative method of temporary stabilization as specified in Env-Wq 1500.

(c) A maximum of 150 square feet of retaining wall may be excluded from the calculation of impervious area, provided the wall has a footprint of 12 inches or less in width.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1403.04 Removal of Dead, Diseased, Or Unsafe Vegetation {#sec-env-wq-1403.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1403.04}

(a) A property owner may remove, or may have removed, any dead, diseased, or unsafe trees, limbs, saplings, or shrubs from the waterfront buffer that are not included in the scoring described in RSA 483-B:9, V(a)(2)(D), subject to the conditions specified in (b) and (c), below.

(b) The cutting and removal shall be conducted so as to:

(1) Prevent damage to surrounding healthy trees, limbs, saplings, and shrubs;

(2) Minimize damage to ground cover;

(3) Prevent soil erosion and sedimentation to the water body; and

(4) Leave all stumps intact in accordance with RSA 483-B:9, V(a)(2)(B).

(c) In any enforcement action against a property owner or contractor for removal of trees, limbs, saplings, or shrubs in violation of RSA 483-B, the burden of proving that trees, limbs, saplings, or shrubs removed pursuant to this section were in fact dead, diseased, or unsafe shall be on the property owner or contractor, as applicable.

(d) Proof that removed trees, limbs, saplings, or shrubs were dead, diseased, or unsafe shall include, but not be limited to, the following:

(1) Photographs of the property which clearly show the dead, diseased, or unsafe trees, limbs, saplings, and shrubs; and

(2) Written certification signed by an individual with knowledge and experience in assessing tree health, such as a licensed forester, certified arborist, or licensed landscape architect, that the trees, limbs, saplings, and shrubs that were removed were dead, diseased, or unsafe, as applicable.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1403.05 Removal of Trees or Saplings That Are Not Dead, Diseased, Or Unsafe {#sec-env-wq-1403.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1403.05}

(a) As provided in RSA 483-B:9, V(a)(2)(D)(iv), a property owner may remove, or may cause to have removed, trees or saplings from the waterfront buffer that are not dead, diseased, or unsafe if the sum of the scores of the remaining trees and saplings in that segment does not total less than allowed by RSA 483-B:9, V(a)(2)(D), subject to the conditions specified in (b) and (c), below.

(b) The cutting and removal shall be conducted so as to:

(1) Prevent damage to surrounding trees and saplings;

(2) Minimize damage to ground cover;

(3) Prevent soil erosion and sedimentation to the water body; and

(4) Leave all stumps intact in accordance with RSA 483-B:9, V(a)(2)(B).

(c) In any enforcement action against a property owner or contractor for removal of trees or saplings in violation of RSA 483-B, the burden of proving that the removal of trees or saplings pursuant to this section did not bring the sum of the scores of the remaining trees and saplings in that segment below that allowed by RSA 483-B:9, V(a)(2)(D) shall be on the property owner or contractor, as applicable.

(d) Proof that the removal complied with RSA 483-B:9, V(a)(2)(D) shall include, but not be limited to, the following:

(1) Photographs of the property which clearly show the trees or saplings; and

(2) A sketch of the property showing the location and point scores of the trees and saplings that will remain on the property.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1404 Stormwater and Erosion and Sedimentation Control

N.H. Code Admin. R. Ann. Env-Wq 1404.01 Protection of Water Quality {#sec-env-wq-1404.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1404.01}

(a) No person shall undertake construction or any other activity in such a way as to degrade water quality in violation of the water quality standards specified in RSA 485-A:8 or Env-Wq 1700.

(b) As required by RSA 483-B:9, V(d)(2), new structures and all modifications to existing structures within the protected shoreland shall be designed and constructed to prevent the release of surface runoff across exposed soils.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1404.02 Stormwater Management and Erosion Control {#sec-env-wq-1404.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1404.02}

(a) As required by RSA 483-B:9, V(d)(1), all new structures, modifications to existing structures, and excavation or earth moving within the protected shoreland shall be designed and constructed in accordance with RSA 485-A:17 and Env-Wq 1500, to manage stormwater and control erosion and sediment, before, during, and after construction.

(b) For projects for which a stormwater management system is required by RSA 483-B:9, V(g)(1) or (2), the department shall review the proposed stormwater management system as provided in Env-Wq 1500.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1405 Accessory Structures

N.H. Code Admin. R. Ann. Env-Wq 1405.01 Applicability {#sec-env-wq-1405.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1405.01}

The requirements of this part shall apply to structures located between the reference line and the primary building line.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1405.02 Construction of Accessory Structures {#sec-env-wq-1405.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1405.02}

Approval from the department to construct an accessory structure shall not override any applicable more stringent local requirements relating to zoning or building standards.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16; ss by #12810, eff 12-15-19; ss by #13425, eff 8-2-22

N.H. Code Admin. R. Ann. Env-Wq 1405.03 Limitations on Accessory Structures within the Waterfront Buffer {#sec-env-wq-1405.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1405.03}

(a) The limitations in this section shall apply only to accessory structures located between the reference line and the primary building line.

(b) Subject to (c) below, the total area of accessory structures shall be no greater than 7.5 square feet per linear foot of shoreline.

(c) The construction of the accessory structure shall not cause or otherwise result in any violations of the point score requirement of RSA 483-B:9, V(a)(2)

(d) Accessory structures shall be located so as to avoid the need to remove ground cover to the maximum extent practicable.

(e) Water access structures shall account for not more than 50% of the total area of accessory structure allowed for a given frontage.

(f) No accessory structure shall be modified or constructed so as to be serviced by piped water.

(g) All new paths, walkways, and patios shall be constructed using pervious surface.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16; ss by #12810, eff 12-15-19; ss by #13425, eff 8-2-22

N.H. Code Admin. R. Ann. Env-Wq 1405.04 Setback for Accessory Structures {#sec-env-wq-1405.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1405.04}

(a) Except as provided in (b), below, all accessory structures built after November 26, 1996 shall be set back at least 20 feet from the reference line, unless otherwise approved by the department in accordance with RSA 482-A and rules adopted pursuant thereto, Env-Wt 100-900.

(b) The 20-foot setback shall not apply to structures that require direct access to the water as an operational necessity, such as access stairs, pump houses, and wells.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1405.05 Slope Limitation for Accessory Structures {#sec-env-wq-1405.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1405.05}

No accessory structure shall be built on or into land having greater than 25% slope.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1406 Permitting of Projects

N.H. Code Admin. R. Ann. Env-Wq 1406.01 Permit Required {#sec-env-wq-1406.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.01}

(a) Subject to (b), below, as specified in RSA 483-B:5-b, I(a), no person shall commence construction, excavation, or filling activities within the protected shoreland without obtaining a permit from the department to ensure compliance with RSA 483-B, subject to the exceptions specified in RSA 483-B or established in Env-Wq 1406.03 or Env-Wq 1406.04 pursuant to RSA 483-B:17, X.

(b) A person may commence construction, excavation, or filling activities within the protected shoreland pursuant to a permit by notification upon receipt of acceptance of the PBN filing by the department or as otherwise provided in RSA 483-B:5-b, V(d).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.02 Statutory Exemptions {#sec-env-wq-1406.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.02}

(a) The following shall not be subject to this chapter, as they are exempted by statute from the requirements of RSA 483-B:

(1) Agriculture performed in accordance with best management practices, as specified in RSA 483-B:3, III, and RSA 483-B:9, V;

(2) Forest management that is not associated with shoreland development or land conversion that is conducted in compliance with RSA 227-J:9, as specified in RSA 483-B:9, V; and

(3) Forestry conducted in compliance with RSA 227-J:9 by or under the direction of a water supplier for the purpose of managing a water supply watershed, as specified in RSA 483-B:9, V.

(b) The following shall not be subject to this chapter, as they are exempted by statute from the requirement to obtain a shoreland permit:

(1) As specified in RSA 483-B:5-b, II, timber harvesting activities permitted in accordance with RSA 485-A:17, IV;

(2) As specified in RSA 483-B:5-b, IV, impacts in the protected shoreland that are:

a. Covered by a permit issued under RSA 482-A; or

b. Commercial or industrial redevelopment in accordance with RSA 485-A:17; and

(3) As specified in RSA 483-B:9, III, private water supply facilities.

(c) Construction of public roads, public utility lines and associated structures and facilities, and public water access facilities are exempted by statute from the permit fee, as specified in RSA 483-B:5-b, III.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.03 Exemption for Vested Rights {#sec-env-wq-1406.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.03}

(a) Subject to (e), below, activities in the protected shoreland shall not require a permit under RSA 483-B:5-b if the property owner or developer can demonstrate to the department’s satisfaction, pursuant to (b) or (c), below, that the property owner or developer has incurred substantial liabilities in a reasonable, good faith reliance on the absence of a controlling law or regulation, sometimes called vested rights.

(b) The department shall deem any of the following to be proof that the property owner or developer has vested rights:

(1) The activities are specifically identified in an application that has been the subject of notice by a planning board pursuant to RSA 676:4, I(d) or the zoning board of adjustment prior to July 1, 2007, regardless of whether an approval has yet been issued, provided that such application is ultimately approved by the municipal board(s) having authority over the activities covered by the application;

(2) The activities are specifically identified in a detailed plan or narrative description submitted with a building permit application submitted to a municipality prior to January 1, 2008, provided that such application is ultimately approved by the municipal board(s) or official having authority over building permits;

(3) A concrete foundation for the primary structure was installed between April 1, 2007 and July 1, 2008;

(4) The activities are specifically identified in a variance or redevelopment waiver issued by the department prior to July 1, 2008 pursuant to RSA 483-B, unless the approval specifically requires the permittee to obtain a permit pursuant to this section if work was not commenced prior to July 1, 2008; or

(5) The activities were specifically approved in a permit issued pursuant to RSA 485-A:17 prior to July 1, 2008, unless the approval specifically requires the permittee to obtain a permit pursuant to this section if work was not commenced prior to July 1, 2008.

(c) A property owner or developer who is not able to show any of the conditions listed in (b)(1)-(5) may submit other evidence to demonstrate that the property owner or developer has otherwise incurred substantial liabilities and that such liabilities:

(1) Resulted from a reasonable, good faith reliance on the absence of a controlling law or regulation; and

(2) Are related to the provision of RSA 483-B from which the property owner or developer is seeking relief.

(d) A property owner claiming vested rights shall provide the following to the department in writing:

(1) The name and mailing address of the property owner;

(2) The name, mailing address, and daytime telephone number and, if available, an e-mail address, of an individual authorized to act on behalf of the property owner with whom the department can discuss the proposed project;

(3) The physical address of the proposed project site, if different from the property owner’s mailing address;

(4) The name of the surface water that causes the property to be subject to RSA 483-B;

(5) If the exemption is claimed under (b)(1), above, proof that the notice was issued;

(6) If the exemption is claimed under (b)(2), above, a copy of the detailed plan or narrative description submitted with the building permit application;

(7) If the exemption is claimed under (b)(3), above, proof that the foundation has been installed, such as dated photographs or a bill for the foundation showing the date of installation; and

(8) If the exemption is claimed under (c), above, the following information:

a. A budget showing the total estimated cost of the project;

b. A narrative describing the full scope of the project, including all work expected to be done on the property within a 5-year period;

c. How much of the total estimated cost had been incurred prior to July 1, 2007 and how much of the total estimated cost had been incurred prior to July 1, 2008;

d. How much of the total scope of the project had been completed prior to July 1, 2007 and how much of the total scope of the project had been completed prior to July 1, 2008;

e. What revisions would be required to redesign the project to reflect the standards enacted to be effective July 1, 2008;

f. The cost of the revisions that would be needed; and

g. The relationship of the revisions to the full scope of the project as originally envisioned.

(e) An exemption shall not be available under (a), above, if:

(1) The applicant proposes changes to the activities from those that would otherwise be exempt under (a), above, and such changes would increase impacts in the natural woodland buffer established by RSA 483-B:9, V(b)(1); or

(2) The applicable permit, approval, variance, or redevelopment waiver expires or otherwise lapses prior to work commencing, or is revoked for cause by the issuing authority.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.04 Activities in Protected Shoreland That Do Not Require a Shoreland Permit {#sec-env-wq-1406.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.04}

(a) A person shall not be required to obtain a permit under RSA 483-B:5-b, I(a) prior to undertaking any activity listed in (c) or (d), below, in the protected shoreland, provided that the activity is conducted in accordance with the conditions noted.

(b) In any enforcement action against a property owner or contractor for actions arguably covered by (a), above, the burden of proving that the exemption applies shall be on the property owner or contractor, as applicable.

(c) Activities exempt pursuant to (a), above, because the activity does not constitute construction, excavation, or filling shall be as follows:

(1) Trimming, pruning, and thinning of branches to the extent necessary to protect structures, maintain clearances, and provide views, as allowed by RSA 483-B:9, V(a)(2)(D)(vi);

(2) Removal of trees, limbs, saplings, or shrubs in accordance with Env-Wq 1403.04 or removal of trees or saplings in accordance with Env-Wq 1403.05;

(3) Maintenance, repair, or modification of an existing, legal, primary structure that does not:

a. Alter the footprint or impervious area of the structure;

b. Require, or result in, the alteration of previously unaltered areas;

c. Result in an increase in loading to an onsite sewage disposal system; or

d. Require, or result in, any excavation or filling within the protected shoreland;

(4) Maintenance, repair, or modification of an existing, legal, accessory structure that does not:

a. Alter the footprint or impervious area of the structure;

b. Require, or result in, the alteration of previously unaltered areas;

c. Result in an increase in loading to an onsite sewage disposal system;

d. Require, or result in any excavation or filling within the protected shoreland; or

e. Exceed the criteria of Part Env-Wq 1405, if it is located within the waterfront buffer;

(5) Maintenance of a grandfathered or altered open area, such as by mowing a lawn, raking leaves or pine needles, or mulching landscaped areas;

(6) Hand-pulling or use of hand tools to remove invasive species or other noxious or harmful plants such as poison ivy, including root systems, provided that any area exceeding 10 square feet left without vegetation shall be subject to replanting with non-invasive, non-harmful species;

(7) Hand-removal or use of hand tools to remove rocks and stones beyond the 50-foot setback; and

(8) Placement or installation of readily removed items, such as picnic tables, lawn chairs and swing sets.

(d) Activities exempt pursuant to (a), above, because the activity constitutes de minimis construction, excavation, or filling shall be as follows:

(1) Use of hand-held tools, whether motorized or not, such as augers or tile spades, to install monitoring wells, piezometers, and flow meters, for:

a. Evaluating site conditions as necessary for the submittal of information required by a permit application under RSA 482-A relating to wetlands, RSA 485-A:29 relating to subdivisions or septic systems, or RSA 485-A:17 relating to alteration of terrain;

b. Educational or research purposes; or

c. Monitoring hydrology;

(2) Planting of non-invasive vegetation or maintenance of existing gardens within the allowable disturbed or altered area using hand-held tools;

(3) Placement of stepping stones, provided no root systems are removed to accommodate the placement;

(4) Construction or installation of a fence using hand-held tools;

(5) Digging test pits for the purposes of determining suitability for wastewater disposal under RSA 485-A:29 relating to subdivisions or septic systems, provided:

a. There is no disruption of groundcover within 50 feet of the reference line; and

b. No test pits are dug within 75 feet of the reference line unless required in order to evaluate eligibility for replacement under Env-Wq 1003.10;

(6) Planting one or more trees within existing open areas more than 50 feet from the reference line using mechanized equipment;

(7) Replacing utility poles and guy wires using mechanized equipment, provided that appropriate siltation and erosion controls are used and all temporary impacts are restored;

(8) Repair or replacement of an existing individual sewage disposal system as defined in Env-Wq 1002.57 either in-kind or under a new approval that meets all applicable requirements of RSA 483-B:9, V, provided there is no increase in sewage loading from the structure(s) served by the system;

(9) Placement of a single structure more than 50 feet from the reference line, provided that:

a. The footprint of the structure is less than 150 square feet;

b. No excavation or filling using mechanized equipment will occur in conjunction with the construction or placement of the structure;

c. The structure will not be heated;

d. The structure will not have electricity or plumbing; and

e. The structure will not be used as living space for humans; and

(10) Activities required to abate an imminent threat to public safety or public health or to stabilize property during or immediately following an emergency, provided the procedures specified in Env-Wq 1407 are followed.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.05 Permits by Notification {#sec-env-wq-1406.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.05}

In addition to the activities listed in RSA 483-B:5-b, I(a) (1)-(3), the following activities may be undertaken in the protected shoreland pursuant to a permit by notification filed in accordance with RSA 483-B:5-b, I(a):

(a) Drilling geotechnical borings during the design of a public project, subject to the following conditions:

(1) The entity undertaking the project shall provide the landowner, the department, and the local governing body with written notification of the general location and the type of work to be conducted at least 14 days prior to its commencement;

(2) Any vehicles used shall be operated in a manner that minimizes disturbance to the natural woodland buffer;

(3) Drilling operations shall be managed so as to have no impact on water quality;

(4) Drill holes shall be back-filled with drill spoil or filled with clean material or grout;

(5) Drill cuttings not used to back fill drill holes shall be removed or stabilized; and

(6) Equipment shall be operated and maintained to avoid spillage of fluids including, but not limited to, oil, gas, antifreeze, or hydraulic fluids;

(b) Drilling of test wells or installation of monitoring wells for purposes of exploring for public water supplies or soil or groundwater contamination, subject to the following conditions:

(1) The entity undertaking the drilling shall provide the landowner, the department, and the local governing body, with written notification of the general location and the type of work to be conducted at least 14 days prior to its commencement;

(2) Any vehicles used shall be operated in a manner that minimizes disturbance to the natural woodland buffer;

(3) Drilling operations shall be managed so as to have no impact on water quality;

(4) Drill holes shall be back filled with drill spoil or clean fill or permanently cased;

(5) Drill cuttings not used to back fill drill holes shall be removed or stabilized; and

(6) Equipment shall be operated and maintained to prevent spillage of fluids including, but not limited to, oil, gas, antifreeze, or hydraulic fluids;

(c) Drilling of drinking water wells outside of the natural woodland buffer, subject to the following conditions:

(1) The entity undertaking the drilling shall provide the landowner, the department, and the local governing body, with written notification of the intended location and type of well to be installed at least 14 days prior to commencing work;

(2) Any vehicles used shall be operated in a manner that minimizes disturbance to the terrain;

(3) Drilling operations shall be managed so as to have no impact on water quality;

(4) Any abandoned drill holes shall be back filled with drill spoil or clean fill;

(5) Drill cuttings not used to back fill drill holes shall be removed or stabilized; and

(6) Equipment shall be operated and maintained to prevent spillage of fluids including, but not limited to, oil, gas, antifreeze, or hydraulic fluids; and

(d) Site remediation activities approved by the department pursuant to Env-Or 600, subject to the following conditions:

(1) The information submitted to the department on which the approval for the activities was issued shall have clearly identified the protected shoreland;

(2) The information submitted to the department on which the approval for the activities was issued shall have clearly described the activities that will occur within the protected shoreland;

(3) The entity undertaking the activities shall provide the department’s wetlands bureau and the local governing body with written notification of the commencement of work as soon as practicable, but in no event later than 5 working days after commencing work;

(4) Any vehicles used shall be operated in a manner that minimizes disturbance to the terrain;

(5) All activities shall be managed so as to have no adverse impact on water quality;

(6) Contaminated materials shall not be removed and returned to the site unless the materials are treated to the appropriate standards prior to being returned to the site; and

(7) Equipment shall be operated and maintained to prevent spillage of fluids including, but not limited to, oil, gas, antifreeze, or hydraulic fluids.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16; ss by #13425, eff 8-2-22

N.H. Code Admin. R. Ann. Env-Wq 1406.06 Shoreland Permit Application Procedures {#sec-env-wq-1406.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.06}

To apply for a shoreland permit under RSA 483-B:5-b, I(a), the applicant shall submit the following to the department:

(a) A complete application as described in Env-Wq 1406.07, which has been signed as specified in Env-Wq 1406.08;

(b) Plans as specified in Env-Wq 1406.09, formatted as specified in Env-Wq 1406.11;

(c) Plans formatted as specified in Env-Wq 1406.11 or other information, or both, as specified in Env-Wq 1406.10, if applicable to the proposed project;

(d) The attachments identified in Env-Wq 1406.12;

(e) The certification(s) required by Env-Wq 1406.08(b) and

(f) The fee required by RSA 483-B:5-b, I(b), unless exempted by RSA 483-B:5-b, III.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.07 Shoreland Permit Application Information {#sec-env-wq-1406.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.07}

An application for a permit under RSA 483-B:5-b, I(a) shall include the following information:

(a) The legal name of each property owner as it appears on the deed of record and the registry and book and page number where the deed is recorded;

(b) The regular mailing address and daytime telephone number of the property owner and, if available, an e-mail address;

(c) The name, mailing address, and daytime telephone number of the applicant, if other than the property owner, and, if available, an e-mail address;

(d) If the applicant is not the property owner and is not the authorized agent of the property owner for purposes of the application, documentation supporting the applicant’s right to engage in the proposed activity on the property, for example a long-term lease or purchase-and-sale agreement;

(e) The tax map, lot number, and block number, and street address of the proposed project site, if different from the property owner’s mailing address;

(f) The name of the water body that causes the property to be subject to RSA 483-B;

(g) The information required by Env-Wq 1408.05, if applicable;

(h) The information required by Env-Wq 1409.01, if applicable;

(i) A narrative description of the project;

(j) Total square feet of impact to the protected shoreland;

(k) Total square feet of new impervious area within the protected shoreland;

(l) For projects adjacent to lakes or ponds, the reference line elevation;

(m) Whether the application includes a proposal to make the property or structures thereon more nearly conforming in accordance with RSA 483-B:11; and

(n) Whether the application includes a request for a waiver of the minimum standards set forth in RSA 483-B:9, V(i).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.08 Signatures Required {#sec-env-wq-1406.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.08}

(a) The property owner(s) and applicant, if other than the property owner, shall sign and date the application.

(b) The signature(s) shall constitute certification 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. Any permit or waiver granted based on false, incomplete, or misleading information shall be subject to revocation;

b. The signer is subject to the applicable penalties in RSA 641, Falsification In Official Matters; and

c. Obtaining a shoreland permit shall not exempt the work proposed from other state, local, or federal approvals; and

(3) The signer has notified the municipality, abutters, and, if applicable, the local river advisory committee in accordance with Env-Wq 1406.13.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.09 Plans to be Submitted with All Shoreland Permit Applications {#sec-env-wq-1406.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.09}

The plans required by Env-Wq 1406.06(b) shall show the existing conditions on the property, all proposed work, and all temporary impacts within 250 feet of the reference line, including the following:

(a) An overview plan of the property within 250 feet of the reference line that shows the approximate location of all property lines, easements, and rights-of-way, clearly labeled;

(b) The scale, if any, used on the plan or, if the plan is not to scale, the complete dimensions of all features;

(c) A labeled north-pointing arrow to indicate orientation;

(d) A legend that clearly explains all symbols, line types, and shading used on the plan;

(e) The reference line, the primary building line, the limits of the natural woodland buffer, and the protected shoreland as those terms are defined in RSA 483-B:4;

(f) All other applicable local and state setbacks;

(g) The dimensions and locations of all existing and proposed structures, impervious areas, disturbed areas, areas to remain in an unaltered state, and all other relevant features necessary to clearly define both existing conditions and the proposed project;

(h) The dimensions, locations, and descriptions of all proposed temporary impacts associated with completion of the project;

(i) Proposed methods of erosion and siltation controls indicated graphically and labeled, or otherwise annotated as needed for clarity;

(j) A delineation of all existing and proposed disturbed areas and all vegetated areas to be maintained in an unaltered state within the natural woodland buffer;

(k) The limits of existing cleared areas, such as gardens, lawns, and paths;

(l) If the topography is to be permanently altered, the existing and proposed topography, including a reference elevation;

(m) A plan of any planting(s) proposed in the waterfront buffer, showing the proposed location(s) and scientific names or common names of proposed species;

(n) If applicable, the location of an existing or proposed 6-foot-wide foot path to the waterbody or temporary access path, as allowed by RSA 483-B:9, V(a)(2)(D)(viii) and (ix); and

(o) The date of plan and the preparer’s name.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.10 Plans or Other Information Required for Certain Projects {#sec-env-wq-1406.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.10}

If applicable, the following plans or other information shall also be submitted with the application:

(a) For any project proposing that the impervious area be at least 15% but not more than 20% within the protected shoreland, a statement signed by the applicant certifying that the impervious area is not more than 20%;

(b) For any project proposing that the impervious area be greater than 20% within the protected shoreland, plans for a stormwater management system that will infiltrate increased stormwater from development, in accordance with Env-Wq 1500;

(c) For any project that proposes the expansion of a pre-existing non-conforming structure under RSA 483-B:11 where the expansion will occur in the area between the primary building line and the water, the information required by Env-Wq 1408.03;

(d) For any project that includes a waiver request under RSA 483-B:9, V(i), the information required by Env-Wq 1409;

(e) For any project that proposes to install new pervious surfaces or to maintain existing pervious surfaces:

(1) A plan showing the location and type of each surface;

(2) A cross-section of each type of pervious surface that shows the construction method and details; and

(3) Specifications for how each type of pervious surface will be maintained; and

(f) For any project involving work within the waterfront buffer, the following:

(1) A plan showing each segment of waterfront buffer that will be impacted by the project;

(2) The location and diameter of all existing trees and saplings, at least up to that which is sufficient to meet the point requirement specified in RSA 483-B:9, V(a)(2); and

(3) A designation of the trees to be cut during the project, if any, including:

a. The diameter of all trees and saplings at 4-½ feet from the ground; and

b. The names of the existing species, using either the scientific names or common names.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.11 Format {#sec-env-wq-1406.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.11}

of Plans.

(a) The plans for any shoreland project submitted for approval on paper shall meet the format requirements specified in (b) through (e), below.

(b) Left margins shall be 2 inches and the remaining margins shall be at least one inch.

(c) Plans which are drawn to scale shall be shown using a scale of not more than 20 feet to one inch, except that if the lot cannot be shown on a 1:20 scale, it shall be shown on a larger scale on a separate sheet.

(d) All plans shall be folded to 8-1/2 inches by 11 inches.

(e) For plans submitted electronically, the format shall be as specified in the user agreement entered into by the individual authorized to submit the plans electronically.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.12 Attachments to Shoreland Permit Application {#sec-env-wq-1406.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.12}

The attachments required by Env-Wq 1406.06(d) shall be as follows:

(a) A copy of the recorded deed of the current property owner;

(b) A copy of the US geological survey map with the property and project located;

(c) Photographs which clearly show the existing site conditions in the shoreland zone, including the area within 50 feet of all proposed impacts;

(d) A copy of the tax map showing the location and lot number of the proposed project;

(e) A list of the names and mailing addresses, as well as tax map and lot numbers, of all abutters;

(f) The certification required by Env-Wq 1406.13;

(g) A copy of the DataCheck request results for the subject property indicating that the portion of the natural woodland buffer impacted by the project has been screened for threatened and endangered species;

(h) A worksheet that includes:

(1) Square feet of the lot within 250 feet of the reference line;

(2) The area of the lot located within the natural woodland buffer but outside of the waterfront buffer;

(3) The minimum area of the natural woodland buffer outside of the waterfront buffer in which vegetation is required to remain in an unaltered state in order to maintain compliance with RSA 483-B:9, V(b);

(4) Square feet and percentage of the lot area constituting existing impervious surface(s) within 250 feet of the reference line;

(5) Proposed amount of impervious surface(s) within 250 feet of the reference line;

(6) Total percentage of lot area within the protected shoreland which will be impervious upon completion of the project;

(7) The name of the person who completed the worksheet; and

(8) The date of the plan on which the worksheet is based.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16; ss by #14350 INTERIM, eff 8-26-25; ss by #14469, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Env-Wq 1406.13 Required Notifications {#sec-env-wq-1406.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.13}

(a) The applicant for a shoreland permit shall submit to the department postal receipts, or copies of the receipts, to verify that the notices required by RSA 483-B:5-b, IV-a, reprinted in Appendix C, have been delivered.

(b) The written notices required by RSA 483-B:5-b, IV-a, shall be sent at the time of submittal of the application to the department and shall include:

(1) The street address and municipality of the property that is the subject of the application;

(2) A clear statement that an application has been filed under RSA 483-B;

(3) The date that the application was or will be filed with the department; and

(4) For a project that requires notice to the appropriate local river advisory committee because a portion of the project is located within ¼-mile of a river or river segment designated under RSA 483, a copy of the completed and signed application.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.14 Coordination of Permit Applications {#sec-env-wq-1406.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.14}

The application for a shoreland permit shall identify whether applications for any of the following permits have been submitted or will need to be submitted to the department for the same project:

(a) Wetlands permit under RSA 482-A;

(b) Individual sewage disposal system under RSA 485-A:29;

(c) Subdivision permit under RSA 485-A:29; and

(d) Alteration of terrain permit under RSA 485-A:17.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.15 Decisions on Shoreland Permit Applications {#sec-env-wq-1406.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.15}

(a) Upon receipt of an application for a shoreland permit, the department shall proceed in accordance with RSA 483-B:5-b, V.

(b) The department shall approve an application for a shoreland permit if all of the following are true:

(1) The application is complete as specified in Env-Wq 1406.06; and

(2) The project, during and after construction if constructed as proposed, will comply with all applicable criteria of these rules and RSA 483-B.

(c) If the department determines that the project as proposed will not comply with all applicable criteria of these rules and RSA 483-B but that reasonable project-specific conditions could be imposed to bring the project into compliance, the department shall approve the application with such conditions as are necessary to ensure compliance.

(d) If the department determines that the project as proposed will not comply with all applicable criteria of RSA 483-B and that reasonable project-specific conditions cannot be imposed that would bring the project into compliance, the department shall deny the application.

(e) The department shall notify the applicant in writing of its decision. If the application is denied, the notice shall specify the reason(s) for the denial.

(f) If a permit is issued, all work shall be done in accordance with the plans approved by the department, which shall be considered part of the issued permit.

(g) All permits issued shall be subject to the conditions specified in Env-Wq 1406.20.

(h) Written confirmation issued by the department that the applicant has a permit by default pursuant to RSA 483-B:5-b, V(e)(3), shall not relieve the applicant of any obligation to comply with all of the requirements applicable to the project, including but not limited to the requirements established in or under RSA 483-B and RSA 485-A relating to water quality.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16; ss by #13425, eff 8-2-22

N.H. Code Admin. R. Ann. Env-Wq 1406.16 Shoreland Permit by Notification Procedures {#sec-env-wq-1406.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.16}

Persons filing for a shoreland permit by notification under RSA 483-B:5-b, I shall submit the following to the department:

(a) A complete notification form as described in Env-Wq 1406.17 that has been signed by the owner of the property as specified in RSA 483-B:5-b, I(a) and Env-Wq 1406.08;

(b) The plans required by RSA 483-B:5-b, I(a) that clearly and accurately depict the work to be completed relative to the reference line of the jurisdictional waterbody;

(c) The photographs required by RSA 483-B:5-b, I(a) of the area to be impacted;

(d) Identification as required by RSA 483-B:5-b, I(a) of the project criteria that qualify the project for a permit by notification; and

(e) The fee required by RSA 483-B:5-b, I(b), unless exempted by RSA 483-B:5-b, III.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.17 Shoreland Permit by Notification Information {#sec-env-wq-1406.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.17}

Each permit by notification form filed with the department shall include the following information:

(a) The information required by under RSA 483-B:5-b, I(a), reprinted in Appendix C, subject to the following:

(1) The name of the property owner shall be the legal name of each property owner as it appears on the deed of record;

(2) The address of the property owner shall be the property owner’s regular mailing address; and

(3) The waterbody named shall be the waterbody that causes the property to be subject to RSA 483-B; and

(b) The additional contact and project information listed below:

(1) The property owner’s daytime telephone number and e-mail address, if any;

(2) If an agent is filing the notification on behalf of the property owner, the agent’s name, mailing address, daytime telephone number, and e-mail address, if any, together with a statement signed by the property owner certifying that the property owner has authorized the agent to act on the property owner’s behalf for purposes of the notification;

(3) A narrative description of the project;

(4) The total area of protected shoreland to be impacted by the project in square feet;

(5) The area of net change in impervious surface resulting from the project in square feet; and

(6) An initialed agreement to adhere to those conditions applicable to all projects as described in Env-Wq 1406.19.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.18 Signatures Required {#sec-env-wq-1406.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.18}

(a) The property owner and the agent, if other than the property owner, shall sign the notification form.

(b) The signature(s) shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer;

(2) The signer understands that any permit by notification obtained based on false, incomplete, or misleading information is not valid;

(3) The project as proposed complies with the minimum standards established in RSA 483-B:9, V and will be constructed in strict accordance with the proposal;

(4) The signer accepts the responsibility for understanding and maintaining compliance with RSA 483-B and these rules;

(5) The signer understands that an accepted shoreland permit by notification shall not exempt the work proposed from other state, local, or federal approvals;

(6) The signer understands that incomplete notifications shall be rejected and the notification fee shall not be returned.

(7) The signer is subject to the applicable penalties in RSA 641, Falsification In Official Matters.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.19 Acceptance or Rejection of Shoreland Permit by Notification {#sec-env-wq-1406.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.19}

(a) Upon receipt of a filing under Env-Wq 1406.16, the department shall proceed in accordance with RSA 483-B:5-b, V(d).

(b) The department shall accept a shoreland permit by notification if all of the following are true:

(1) The notification is complete as specified in RSA 483-B:5-b, I(a) and Env-Wq 1406.16;

(2) The project, during and after construction if constructed as proposed, will comply with all applicable criteria of these rules and RSA 483-B as required by RSA 483-B:3; and

(3) There is no evidence that work has already been done for which a permit is required but was not obtained.

(c) If the department determines that any of the criteria in (b), above, is not met, department shall reject the permit by notification.

(d) The department shall provide written notification of the acceptance or rejection of the permit by notification to the property owner and agent as specified in RSA 483-B:5-b, V(d). If the permit by notification is rejected, the notice shall specify the reason(s) for the rejection.

(e) If a permit by notification is accepted, then:

(1) The plans submitted to the department with that notification shall be considered part of the permit by notification; and

(2) All work shall be done in accordance with the accepted plans.

(f) All permits by notification shall be subject to the conditions specified in Env-Wq 1406.20.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1406.20 Conditions Applicable to All Projects in the Protected Shoreland {#sec-env-wq-1406.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.20}

The following conditions shall apply to all projects in the protected shoreland, in addition to any project-specific conditions included pursuant to Env-Wq 1406.15 and regardless of whether a permit is obtained:

(a) Erosion and siltation control measures shall:

(1) Be installed prior to the start of work;

(2) Be maintained throughout the project; and

(3) Remain in place until all disturbed surfaces are stabilized;

(b) Erosion and siltation controls shall be appropriate to the size and nature of the project and to the physical characteristics of the site, including slope, soil type, vegetative cover, and proximity to wetlands or surface waters;

(c) No person undertaking any activity in the protected shoreland shall cause or contribute to, or allow the activity to cause or contribute to, any violations of the surface water quality standards established in Env-Wq 1700, and the requirements in Env-Wq 1404.01(a) and(b);

(d) Any fill used shall be clean sand, gravel, rock, or other suitable material; and

(e) For any project where mechanized equipment will be used, orange construction fence shall:

(1) Be installed prior to the start of work at the limits of the temporary impact area as shown on the plans approved as part of a permit or accepted as part of the permit by notification;

(2) Be maintained throughout the project; and

(3) Remain in place until all mechanized equipment has been removed from the site.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16; ss by #13425, eff 8-2-22

N.H. Code Admin. R. Ann. Env-Wq 1406.21 Issuance, Acceptance, and Transferability {#sec-env-wq-1406.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.21}

(a) Subject to (b), below, the department shall issue a shoreland permit in the name of the owner(s) of the property on whose land the project is located.

(b) If the applicant is not the property owner or the agent for the property owner, but has a financial or other legal interest in the property that will arise after issuance of the permit but prior to commencement of the activity covered by the permit, the department shall issue the permit in the applicant’s name directly if so requested in writing signed by the property owner and the applicant.

(c) All permits issued pursuant to RSA 483-B, shall not be valid unless signed prior to the start of construction by the permittee and the principal contractor that will be responsible for the project, if any.

(d) The department shall transfer a shoreland permit for a project that is not completed from one owner to a new owner upon request of the new owner in accordance with (e) through (f), below.

(e) Prior to requesting a transfer of the shoreland permit, the new owner(s) shall:

(1) Read, view, and possess the original or a legible copy of the shoreland permit, including all plans and conditions included pursuant to Env-Wq 1406.15; and

(2) Agree to abide by the terms and conditions of the shoreland permit.

(f) To request the transfer of a shoreland permit, the new owner(s) shall submit the following to the department in writing:

(1) The shoreland permit number;

(2) Identification of the owner(s) listed on the issued shoreland permit;

(3) Identification of the person(s) to whom the shoreland permit is being transferred;

(4) Recording information of the deed that transferred ownership of property, including the names of the grantor, grantee, town, county, and registry with book and page numbers;

(5) The location of the property, by tax map, lot number, street address, and municipality; and

(6) The following statement, agreed to and signed by the new owner(s):

“I/we, the undersigned, certify that I am/we are the present owner(s) of the property formerly of (name of former owner) and that I/we possess and have read the shoreland permit, including all plans and conditions included pursuant to Env-Wq 1406.15(c). I/we agree that I/we will abide by the previously-issued permit. I/we fully understand that the activities covered by the permit must be completed in strict accordance with the permit unless an amendment is applied for and granted. My/Our Title Reference is Book (number) Page (number), (County) Registry of Deeds, and briefly is for land at (street address) in (town), New Hampshire.”

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16; ss by #13425, eff 8-2-22

N.H. Code Admin. R. Ann. Env-Wq 1406.22 Duration of Shoreland Permit; Amendments {#sec-env-wq-1406.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1406.22}

(a) A shoreland permit issued under RSA 483-B:5-b shall expire 5 years from the date of issuance as specified on the permit.

(b) The holder of a shoreland permit who wishes to make changes to a project after the department has issued the permit shall:

(1) Apply for an amended permit in accordance with (c), below, if the changes meet the criteria specified in (e), below; or

(2) Apply for a new permit in accordance with Env-Wq 1406, if the changes do not meet the criteria specified in (e), below.

(c) A permit holder shall request an amendment to an issued shoreland permit by submitting the following to the department in writing:

(1) A copy of the permit that is sought to be amended;

(2) Those components of a complete original application that differ from the application originally submitted;

(3) A list that identifies each specific change to the project, with a cross-reference to where on the submitted documents that change is reflected and how it is reflected; and

(4) A statement signed by the permit holder certifying that the proposed changes meet all of the criteria specified in (e), below.

(d) The department shall review an amendment request in accordance with RSA 483-B:5-b, V.

(e) A shoreland permit shall be amended only if the proposed changes meet all of the following criteria:

(1) There is no increase in impervious area;

(2) There is no reduction in any set-back to the reference line;

(3) There is no increase in disturbed area or decrease in the area to be maintained in an unaltered state;

(4) The work can be completed prior to the expiration date of the original permit; and

(5) The project as revised would have been approved under Env-Wq 1406.15 if the revised project had been submitted originally.

(f) If the project as revised meets the criteria specified in (e), above, the department shall issue an amended permit. The issuance of an amended permit shall not extend the expiration date.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1407 Emergency Procedures

N.H. Code Admin. R. Ann. Env-Wq 1407.01 Emergency Authorizations {#sec-env-wq-1407.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1407.01}

(a) A property owner may request an authorization to act on an emergency basis pursuant to this section in lieu of filing an application under Env-Wq 1406.06 if:

(1) A threat to public safety or public health exists or significant damage to private property is imminent as a result of an occurrence beyond the control of the property owner, such as a natural disaster;

(2) The request for the emergency authorization is made within one week of discovering the need for the emergency authorization; and

(3) The work covered by the emergency authorization is limited to temporary stabilization of the property or other mitigation of the immediate threat, such as removal of hazardous or potentially hazardous materials.

(b) The property owner or property owner’s agent shall request an emergency authorization by providing the following information to the department by telephone, e-mail, or fax:

(1) The name and daytime telephone number of the individual requesting the permit, and, if available, an e-mail address and fax number;

(2) A description of the need for the emergency authorization; and

(3) A description of the work to be performed and a schedule for the work.

(c) If a request is made by telephone, the property owner or property owner’s agent shall provide the information required by (b), above, by e-mail or fax as soon as possible but no later than 24 hours after the initial request.

(d) The department shall:

(1) Issue an emergency authorization when necessary to mitigate an immediate threat to public health or safety or personal property; and

(2) Keep a record of each emergency authorization issued.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1407.02 Work During Emergencies Without Prior Authorization {#sec-env-wq-1407.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1407.02}

(a) Subject to (b), below, work without a permit issued under Env-Wq 1406 or an emergency authorization issued under Env-Wq 1407.01 shall be allowed during a natural disaster if the work:

(1) Was initiated and completed during a natural disaster; and

(2) Is limited to that work necessary to mitigate an immediate threat or stabilize a property.

(b) If work is done pursuant to (a), above, the owner of the property where such work occurred, or the property owner’s agent, shall report the following information to the department as soon as practicable but no later than 30 days after commencing the work:

(1) The name and daytime telephone number of the individual reporting the information, and, if available, an e-mail address and fax number;

(2) A description of the need for the work to be done on an emergency basis; and

(3) A description of what work was done and when the work began and was completed.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1407.03 Action After Emergency {#sec-env-wq-1407.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1407.03}

An application as specified in Env-Wq 1406.06 shall be submitted for any permanent repairs, restoration, or other activities proposed to be undertaken after the immediate threat has been abated and the property has been stabilized.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1408 Replacement or Redevelopment

N.H. Code Admin. R. Ann. Env-Wq 1408.01 Replacement of Pre-existing Nonconforming Structures Damaged By Accidental Means {#sec-env-wq-1408.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1408.01}

(a) The owner of any pre-existing nonconforming structure damaged by accidental means who wishes to rebuild the structure in its existing location shall begin construction within 2 years of the date of the accident or such shorter period of time as is specified in local ordinances or regulations.

(b) For purposes of these rules, the time period specified in (a), above, shall not run during the pendency of any legal action that is intended to or has the effect of precluding the owner from rebuilding the structure.

(c) If the owner does not begin construction to replace the pre-existing nonconforming structure within the time period established in (a), above, any primary structure thereafter constructed shall conform to all applicable set-back requirements.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1408.02 Replacement of Pre-existing Nonconforming Structures Other Than Those Damaged By Accidental Means {#sec-env-wq-1408.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1408.02}

Any pre-existing nonconforming primary structure shall be repaired, renovated, or replaced in kind in accordance with RSA 483-B:11 only if the property owner can demonstrate that the structure has been maintained in a functional and intact condition in the 2 years immediately prior to the replacement.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1408.03 Expansions Within The Waterfront Buffer {#sec-env-wq-1408.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1408.03}

(a) As specified in RSA 483-B:11, I, a nonconforming structure may be expanded within the waterfront buffer only if:

(1) The structure is not extended closer to the reference line; and

(2) The structure or the property is made more nearly conforming, as defined in RSA 483-B:11, II.

(b) As specified in RSA 483-B:11, V, no alteration shall be made to an existing structure between the primary building line and the reference line that extends the structure closer to the public water, except that a deck or open porch extending a maximum of 12 feet towards the reference line may be added to nonconforming structures erected prior to July 1, 1994.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1408.04 Conversion of Decks and Porches Prohibited {#sec-env-wq-1408.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1408.04}

In accordance with RSA 483-B:11, I, no deck or porch located between the primary building line and the reference line shall be converted to become part of the primary living space.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1408.05 Redevelopment or Expansion of Nonconforming Structures {#sec-env-wq-1408.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1408.05}

Any property owner who wishes to redevelop or expand a nonconforming structure within the waterfront buffer pursuant to RSA 483-B:11, II, shall submit the following to the department with the application required by Env-Wq 1406.06:

(a) The footprint(s), impervious area(s), and location(s) of all existing structure(s) within the protected shoreland;

(b) The footprint(s), impervious area(s), and location(s) of all proposed structures within the protected shoreland; and

(c) An explanation of how the project:

(1) Is more nearly conforming than the existing structure(s), as that phrase is defined in RSA 483-B:11, II, with reference to the information provided pursuant to (a) and (b), above, and any other supporting details that are relevant to making the proposal “more nearly conforming”; and

(2) Will provide at least the same degree of protection to the public waters.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1408.06 Decision on Application that Includes Redevelopment or Expansion of Nonconforming Structures {#sec-env-wq-1408.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1408.06}

(a) The department shall approve an application that includes the redevelopment or expansion of a nonconforming structure under RSA 483-B:11, I, upon finding that:

(1) The requirements specified in Env-Wq 1406.01 through Env-Wq 1406.14 and any applicable criteria specified in Env-Wq 1405 are met;

(2) The proposal to redevelop or expand the nonconforming structure meets the intent of RSA 483-B; and

(3) All applicable criteria in RSA 483-B:11 are met.

(b) The department shall notify the applicant in writing of its decision on the redevelopment or expansion in conjunction with its decision on the shoreland permit application. If the request is denied, the department shall identify the specific reason(s) for the denial.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1409 Waivers from the Minimum Standards

N.H. Code Admin. R. Ann. Env-Wq 1409.01 Requests for Waivers of Minimum Standards {#sec-env-wq-1409.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1409.01}

Each applicant for a waiver under RSA 483-B:9, V(i) shall provide the following information with the application required by Env-Wq 1406.06:

(a) A statement of the waiver requested, with specific reference to the paragraph or subparagraph of RSA 483-B:9, V for which the request is being made;

(b) An explanation of how the applicable criteria of Env-Wq 1409.02 have been met;

(c) If the request is for a reasonable accommodation of the needs of an individual with one or more disabilities, a statement signed by the physician who is attending the individual for the disability or disabilities certifying that the impacts or structures for which the waiver is being requested are necessary to accommodate the individual’s disability or disabilities; and

(d) Verification that all of the abutters have been notified of the proposed project as required by Env-Wq 1406.13.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1409.02 Decision on Waiver Request {#sec-env-wq-1409.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1409.02}

(a) The department shall approve a request for a waiver under RSA 483-B:9, V(i) that is not requested to accommodate the reasonable needs of an individual or individuals with disabilities upon finding that:

(1) Strict compliance with the minimum standards of RSA 483-B:9, V will provide no material benefit to the public; and

(2) Waiving the standard will have no material adverse effect on the environment or the natural resources of the state.

(b) The department shall approve a request for a waiver under RSA 483-B:9, V(i) for a reasonable accommodation of needs of an individual or individuals with disabilities if:

(1) The proposal is adequate to ensure that the intent of RSA 483-B is met; and

(2) The statement submitted pursuant to Env-Wq 1409.01(c) is sufficient to demonstrate that the waiver is necessary to accommodate the individual’s disability.

(c) The department shall notify the applicant in writing of its decision in conjunction with the decision on the application for shoreland permit. If the request is denied, the department shall identify the specific reason(s) for the denial.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1410 Urbanized Shoreland Exemption

N.H. Code Admin. R. Ann. Env-Wq 1410.01 Definitions {#sec-env-wq-1410.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1410.01}

(a) “Historic”, for purposes of Env-Wq 1410.03(a) and Env-Wq 1410.05(b), means the time period from 1971 to the date of the application or such longer period as the applicant designates.

(b) “Applicant” means the entity that is eligible under RSA 483-B:12, I or IV to apply for, and that does apply for, an urbanized shoreland exemption.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1410.02 Eligibility for Urbanized Shoreland Exemption {#sec-env-wq-1410.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1410.02}

(a) Pursuant to RSA 483-B:12, I, the governing body of a municipality may, in its discretion, request the commissioner to exempt all or a portion of the protected shoreland within its boundaries from the provisions of this chapter if the governing body finds that special local urbanization conditions exist in the protected shoreland for which the exemption is sought.

(b) Pursuant to RSA 483-B:12, IV, the Pease development authority, division of ports and harbors, may, in its discretion, request the commissioner to exempt all or a portion of any land purchased, leased, or otherwise acquired by it pursuant to RSA 12-G:39.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1410.03 Evidence {#sec-env-wq-1410.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1410.03}

(a) Pursuant to RSA 483-B:12, II, the applicant for an urbanized shoreland exemption shall present evidence of existing and historic patterns of building and development in the protected shoreland, which shall address the following:

(1) Current and historic building density;

(2) Current commercial or industrial uses;

(3) Municipal or other public utilities; and

(4) Current municipal land use regulations which affect the protected shoreland.

(b) The applicant for an urbanized shoreland exemption shall also provide:

(1) The number of structures in sight from the water body;

(2) Density allowed under current local zoning ordinances;

(3) Extent of non-residential land use currently existing;

(4) One or more maps that clearly define the boundaries of the area to be exempted, based on lot lines as shown on a municipal tax map; and

(5) If available, a recent aerial photograph of the area.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1410.04 Delivery {#sec-env-wq-1410.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1410.04}

The applicant shall send the evidence directly to the office of energy and planning with a copy to the commissioner.

Env Ws 1410.05 Time Frames for Decisions.

(a) The department shall request the office of energy and planning to submit a written recommendation to the commissioner within 30 working days of receipt of a complete request.

(b) The commissioner shall approve the request if the evidence required by Env-Wq 1410 shows that the municipality has existing and historic patterns of building and development in the protected shoreland.

(c) The commissioner shall issue written findings in support of the decision within 30 working days from receipt of the recommendation.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16
• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1411 Consistency of State and Local Action on Shoreland Zone Projects

N.H. Code Admin. R. Ann. Env-Wq 1411.01 Required Information {#sec-env-wq-1411.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1411.01}

The following information shall be included on all plans submitted to any state or local agency for any project that includes work in the protected shoreland:

(a) The reference line;

(b) The primary building line, 50 feet from the reference line; and

(c) Any local setbacks.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1411.02 Consistency Required; Notice Required {#sec-env-wq-1411.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1411.02}

(a) As specified in RSA 483-B:3, state and local permits for work within the protected shoreland zone shall be issued only when consistent with RSA 483-B.

(b) State and local permits for work within the protected shoreland zone shall include a notice that a state shoreland permit under RSA 483-B may be required.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1412 Shoreland Restoration

N.H. Code Admin. R. Ann. Env-Wq 1412.01 Applicability {#sec-env-wq-1412.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1412.01}

This part shall apply to all plans for restoration of a waterfront buffer or natural woodland buffer that are submitted to the department for approval.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1412.02 Definition {#sec-env-wq-1412.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1412.02}

For purposes of this part, the following definition shall apply:

(a) “Mat” means a density of no less than one individual plant per square foot.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1412.03 Restoration Plan Contents {#sec-env-wq-1412.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1412.03}

A restoration plan shall include the following:

(a) The information specified in Env-Wq 1406.09;

(b) The list of species of plants proposed for replanting, using scientific names or common names;

(c) The number and distribution of plants proposed for replanting, based on the matrix specified in Env-Wq 1412.04;

(d) A plan of the waterfront buffer, shown with vegetation sufficient to meet the points required by RSA 483-B:9, V(a)(2)(D);

(e) A plan of the natural woodland buffer, shown with the amount of impervious surface, amount of disturbed area to be restored, and the amount of area allowed to revert to an unaltered state;

(f) All existing and proposed structures, including but not limited to the primary structure and accessory structures; and

(g) A schedule for implementing the restoration and monitoring the success of the restoration over at least 2 growing seasons.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1412.04 Planting Matrix {#sec-env-wq-1412.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1412.04}

When restoring the waterfront buffer, the following shall apply to each segment to reach not less than the total points required by RSA 483-B:9, V(a)(2)(D) in that segment:

(a) Trees and saplings shall be assigned points based on their diameter measured at 4½ feet off the ground in accordance with RSA 483-B:9, V(a)(2)(D)(i), as reprinted in Appendix C.

(b) Subject to (c), below, ground cover in the form of shrubs planted as individual plants or clusters shall be assigned points in accordance with RSA 483-B:9, V(a)(2)(D)(ii), as reprinted in Appendix C, and the following:

(1) A one-gallon to 2-gallon shrub shall equal one-third of a point;

(2) A 3-gallon to 4-gallon shrub shall equal one-half of a point; and

(3) Ground cover as specified in RSA 483-B:9, V(a)(2)(D)(ii) shall be planted in the form of sod or mat; and

(c) No points shall be credited for replacement of ground cover removed in violation of RSA 483-B:9, V(a)(2)(C).

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1412.05 Plan Approval Criteria {#sec-env-wq-1412.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1412.05}

The department shall approve a restoration plan that meets the following criteria:

(a) Subject to (c), below, replacement plants shall consist of the native species that are as close as possible to the species present prior to vegetation removal and may be chosen from the DES Native Shoreland/Riparian Buffer Plantings for New Hampshire included in and available as noted in Appendix D to these rules;

(b) Subject to (c), below, replacement plants shall have spatial and compositional diversity that replicates the previously existing waterfront buffer or natural woodland buffer;

(c) No species listed on the New Hampshire prohibited invasive species list developed pursuant to RSA 430:53, III or the New Hampshire restricted invasive species list developed pursuant to RSA 430:53, IV shall be planted, even if such species existed on the property prior to the property being cleared;

(d) Within the waterfront buffer, replacement vegetation and ground cover shall be based on the trees, saplings, and ground cover that existed before removal. If the quantity and type of removed vegetation cannot be determined, the area shall be planted with native trees, saplings, or natural ground cover in sufficient quantity, type, and location either to meet the minimum score per RSA 483-B:9, V(a)(2)(D) or to provide at least an equivalent level of protection as would be afforded by native trees, saplings, and natural ground cover that met the minimum score;

(e) Replacement trees shall be placed at least 5 feet apart on center;

(f) No changes to surface drainage shall be made unless a sediment and erosion control plan that meets the requirements specified in Env-Wq 1500 is submitted with the restoration plan; and

(g) The requirements of Env-Wq 1412.04 shall be met.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1413 Waivers from Rules

N.H. Code Admin. R. Ann. Env-Wq 1413.01 Purpose {#sec-env-wq-1413.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1413.01}

The purpose of these rules is to accommodate those situations where strict adherence to the rules would not be in the best interest of the public or the environment.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1413.02 Procedures {#sec-env-wq-1413.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1413.02}

(a) Any person who is or would be directly and adversely affected by the strict application of a rule in Env-Wq 1400 may request a waiver thereof.

(b) Each request for a rule waiver shall be filed in writing.

(c) Each request for a rule waiver shall include the information specified in Env-Wq 1413.03.

(d) All requests for a rule waiver that are submitted as part of an application for a shoreland permit under Env-Wq 1406 shall be submitted with the application, or as soon thereafter as the need for the rule waiver is identified by the applicant or the department.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1413.03 Content and Format of Requests {#sec-env-wq-1413.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1413.03}

(a) The person requesting the rule waiver shall provide the following information:

(1) The name, mailing address, daytime telephone number, and e-mail address, if any, of:

a. The property owner; and

b. The applicant, if other than the property owner;

(2) The location of the property to which the rule waiver request relates, if other than the mailing address of the property owner or applicant;

(3) The specific section number of each rule for which a waiver is sought;

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

(5) If applicable, a full explanation of the alternate that is proposed to be substituted for the requirement in the rule, including written documentation and/or data to support the alternative; and

(6) A full explanation of why the applicant believes that having the rule waiver granted will meet the criteria in Env-Wq 1413.04.

(b) The property owner and the person requesting the rule waiver, if other than the property owner, shall sign the request.

(c) The signature(s) shall constitute certification 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. Any waiver granted based on false, incomplete, or misleading information shall be subject to revocation; and

b. The signer is subject to the applicable penalties in RSA 641, Falsification In Official Matters.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1413.04 Criteria {#sec-env-wq-1413.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1413.04}

(a) Subject to (b), below, a request for a rule waiver shall be granted if:

(1) Granting the request will not result in:

a. An adverse effect to the environment or natural resources of the state, public health, or public safety; or

b. An impact on abutting properties that is more significant than that which would result from complying with the rule; and

(2) One or more of the following conditions is satisfied:

a. Granting the request is consistent with the intent and purpose of the rule being waived; or

b. Strict compliance with the rule will provide no benefit to the public and will cause an operational or economic hardship to the applicant.

(b) No rule waiver shall be granted if the effect of the waiver would be to waive or modify a statutory requirement.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1413.05 Decisions {#sec-env-wq-1413.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1413.05}

The department shall notify the person requesting the waiver of the decision in writing. If the request is denied, the department shall identify the specific reason(s) for the denial.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Part Env-Wq 1414 Suspension or Revocation of Permits or Waivers

N.H. Code Admin. R. Ann. Env-Wq 1414.01 Purpose {#sec-env-wq-1414.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1414.01}

The purpose of this part is to establish the procedures to suspend or revoke a shoreland permit issued under Env-Wq 1406, a redevelopment or expansion request pursuant to Env-Wq 1408, a waiver of the minimum standards granted under Env-Wq 1409, or a rule waiver issued under Env-Wq 1413.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1414.02 Definitions {#sec-env-wq-1414.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1414.02}

For purposes of this part, the following definitions shall apply:

(a) “Approval” means a shoreland permit issued under Env-Wq 1406, a redevelopment or expansion request pursuant to Env-Wq 1408, a waiver of the minimum standards granted under Env-Wq 1409, or a rule waiver issued under Env-Wq 1413, as applicable to a particular proceeding; and

(b) “Recipient” means the person to whom the approval was issued or the person’s successor in interest.

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

N.H. Code Admin. R. Ann. Env-Wq 1414.03 Basis and Procedures for Suspension or Revocation {#sec-env-wq-1414.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1414.03}

(a) Any approval issued by the department shall be issued based on the presumption that the information submitted to obtain the approval is true, complete, and not misleading.

(b) If, after the issuance of an approval, the department receives information indicating that the information upon which the approval was based was false, incomplete, or misleading, the department shall notify the recipient in accordance with RSA 541-A:31, III of the date, time and place of a hearing at which the recipient shall be given an opportunity to show cause why the approval should not be revoked.

(c) The hearing shall be conducted in accordance with RSA 541-A:31 and Env-C 200.

(d) After the hearing, the department shall revoke the approval if the department determines that:

(1) The approval would not have been issued if the information submitted had been true, complete, and not misleading; and

(2) The project for which the approval was obtained cannot be made to conform to applicable requirements.

(e) After the hearing, the department shall suspend the approval if the department determines that:

(1) The approval would have been issued if the information submitted had been true, complete, and not misleading; and

(2) The project for which the approval was obtained would conform with applicable requirements if the deficiencies are corrected.

(f) If an approval is suspended pursuant to (e), above, the department shall reinstate the approval upon receiving proof from the recipient that the project meets applicable requirements for approval.

(g) The department shall notify the recipient in writing of its decision. If the decision is to suspend or revoke the approval, the department shall specify the reason(s) for the decision.

Appendix A: State Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Wq 1401

RSA 483-B:1; RSA 483-B:2

Env-Wq 1402

RSA 483-B:4; RSA 483-B:17, IX

Env-Wq 1402.08

RSA 483-B:17, IX

Env-Wq 1403

RSA 483-B:5; RSA 483-B:9, V(a) and (b); RSA 483-B:17, III

Env-Wq 1403.03; 1403.04; 1403.05(a)

RSA 483-B:9, V(a) & (b); RSA 483-B:17, III

Env-Wq 1404.01

RSA 483-B:9, V(c)

Env-Wq 1404.02

RSA 483-B:9, V(d) & (g)

Env-Wq 1405

RSA 483-B:17, IV

Env-Wq 1405.02 and 1405.03

RSA 483-B:17, IV

Env-Wq 1406

RSA 483-B:5-b; RSA 483-B:17, I and X

Env-Wq 1406.04, 1406.15, 1406.20, 1406.21

RSA 483-B:5-b; RSA 483-B:17, I and X

Env-Wq 1406.12

RSA 217-A:7; RSA 483-B:5-b

Env-Wq 1407

RSA 483-B:5-b; RSA 483-B:17, I and X

Env-Wq 1408

RSA 483-B:11

Env-Wq 1409

RSA 483-B:9, V(i)

Env-Wq 1410

RSA 483-B:12; RSA 483-B:17, II

Env-Wq 1411

RSA 483-B:3; RSA 483-B:6

Env-Wq 1412

RSA 483-B:9, V(a) and (b); RSA 483-B:17, IX

Env-Wq 1413

RSA 541-A:22, IV

Env-Wq 1414

RSA 541-A:16, I(b)

Appendix B: Statutory Definitions

RSA 431:3

VII. "Fertilizer'' means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by rule by the commissioner. "Fertilizer'' shall not include any horticultural growing medium as defined in RSA 433-A:3, VI.

RSA 483-B:4

I. “Abutter” means any person who owns property that is immediately contiguous to the property on which the proposed work will take place, or who owns flowage rights on such property. The term does not include those properties separated by a public road or more than 1/4 mile from the limits of the proposed work. If contiguous properties are owned by the person who is proposing the work, then the term includes the person owning the next contiguous property, subject to the 1/4 mile limitation.

II. “Accessory structure” means a structure, as defined in paragraph XXII of this section, on the same lot and customarily incidental and subordinate to the primary structure, as defined in paragraph XIV of this section; or a use, including but not limited to paths, driveways, patios, any other improved surface, pump houses, gazebos, woodsheds, garages, or other outbuildings.

IV. “Commissioner” means the commissioner of the department of environmental services or designee.

V. “Department”' means the department of environmental services.

VI. “Disturbed area” means an area in which natural vegetation is removed, exposing the underlying soil.

VII. “Ground cover” means any herbaceous plant or any woody seedling or shrub generally less than 3 feet in height. Ground cover shall not include lawns, landscaped areas, gardens, invasive species as listed by the department of agriculture, markets, and food in accordance with RSA 430:53, III, exotic species as designated by rule of the department of environmental services in accordance with RSA 487:24, VII, imported organic or stone mulches, or other artificial materials.

VII-b. “Impervious surface” means any modified surface that cannot effectively absorb or infiltrate water. Examples of impervious surfaces include, but are not limited to, roofs, and unless designed to effectively absorb or infiltrate water, decks, patios, and paved, gravel, or crushed stone driveways, parking areas, and walkways.

VII-c. “Horticultural professional” means any arborist, landscape architect, or gardening consultant whose function is that of providing services relative to horticulture.

VIII. “Lot of record” means a legally created parcel, the plat or description of which has been recorded at the registry of deeds for the county in which it is located.

X. “Municipality” means a city, town, village district if specifically authorized to zone by the legislature, or county in respect to unincorporated towns or unorganized places or any combination thereof pursuant to RSA 53-A.

XI-c. “Nonconforming lot of record” means an existing lot which does not conform to the provisions of this chapter.

XI-d. “Nonconforming structure” means a structure that, either individually or when viewed in combination with other structures on the property, does not conform to the provisions of this chapter, including but not limited to the impervious surface limits of RSA 483-B:9, V(g).

XI-e. “Ordinary high water mark” means the line on the shore, running parallel to the main stem of the river, established by the fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the immediate bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas. Where the ordinary high water mark is not easily discernable, the ordinary high water mark may be determined by the department of environmental services.

XII. “Person” means a corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, a state, and any political subdivision of a state or any agency or instrumentality thereof.

XIII. “Primary building line” means a setback for primary structures of 50 feet from the reference line.

XIV. “Primary structure” means a structure as defined in paragraph XXII of this section that is central to the fundamental use of the property and is not accessory to the use of another structure on the same premises.

XV. “Protected shoreland” means, for natural, fresh water bodies without artificial impoundments, for artificially impounded fresh water bodies, except private garden water features and ponds of less than 10 acres, and for coastal waters and rivers, all land located within 250 feet of the reference line of public waters. For river segments of third order or lower designated as protected under RSA 483:15 which are either designated after or for which specific exemptions are repealed after December 31, 2015, "protected shoreland" means all land located within 50 feet of the reference line of public water.

XVI. “Public waters” shall include:

(a) All lakes, ponds, and artificial impoundments greater than 10 acres in size.

(b) Coastal waters, being all waters subject to the ebb and flow of the tide, including the Great Bay Estuary and the associated tidal rivers.

(c) Rivers, meaning all year-round flowing waters of fourth order or higher and all rivers and river segments designated as protected under RSA 483:15. Stream order shall be determined using the New Hampshire hydrography dataset archived by the geographically referenced analysis and information transfer system (GRANIT) at the complex systems research center of the university of New Hampshire, and developed by GRANIT in collaboration with the department of environmental services. A listing of the streams of fourth order and higher shall be prepared and periodically updated by the GRANIT at the complex systems research center of the university of New Hampshire and delivered to the commissioner 30 days after the effective date of this subparagraph.

XVII. “Reference line” means:

(a) For all lakes, ponds, and artificial impoundments greater than 10 acres in size, the surface elevation as listed in the Consolidated List of Water Bodies subject to the shoreland water quality protection act as maintained by the department.

(b) For coastal waters, the highest observable tide line, which means a line defining the furthest landward limit of tidal flow, not including storm events, which can be recognized by indicators such as the presence of a strand line of flotsam and debris, the landward margin of salt tolerant vegetation, or a physical barrier that blocks further flow of the tide.

(c) For rivers, the ordinary high water mark.

XVIII. “Removal or removed” means girdled, felled, cut, sawed, pruned, pushed over, buried, burned, or any other activity conducted to the extent that it otherwise kills the vegetation.

XVIII-a. “Repeat violation” means a violation that occurs within 3 years of notification by the department of a prior violation, as defined in RSA 483-B:18, I, whether on the same site or by the same person or entity on a second site. Each day of continuing violation after notification of that violation shall be considered a repeat violation.

XVIII-b. “Repair” means work conducted to restore an existing, legal structure by partial replacement of worn, broken, or unsound parts or to fix a specific defect, during which all of the exterior dimensions are intact and remain so at the conclusion of construction.

XVIII-c. “Replace in kind” means the substitution of a new structure for an existing legal structure, whether in total or in part.

XVIII-d. “Replacement system” means a septic system that is not considered new construction under RSA 485-A:29-44 and rules adopted to implement it.

XIX. “Residential unit” means a structure, or portion thereof, providing complete and independent living facilities, including permanent facilities for living, sleeping, eating, cooking, and sanitation which are used in common by one or more persons.

XX. “Sapling” means any woody plant which normally grows to a mature height greater than 20 feet and has a diameter less than 6 inches at a point 4 1/2 feet above the ground.

XX-a. “Shoreland frontage” means the actual shoreland frontage along the water front measured at the reference line.

XXI. “Shrub” means any multi-stemmed woody plant which normally grows to a mature height of less than 20 feet.

XXII. “Structure” means anything constructed or erected for the support, shelter or enclosure of persons, animals, goods, or property of any kind, with a fixed permanent location on or in the ground, exclusive of fences.

XXIII. “Subdivision” means subdivision as defined in RSA 672:14.

XXIV. “Tree” means any woody plant which normally grows to a mature height greater than 20 feet and which has a diameter of 6 inches or more at a point 4 1/2 feet above the ground.

XXIV-b. “Unaltered state” means native vegetation allowed to grow without cutting, limbing, trimming, pruning, mowing, or other similar activities except as needed for renewal or to maintain or improve plant health.

XXV. “Urbanization” means the concentrated development found in the sections of towns or cities where there has been an historic pattern of intensive building for residential, commercial, industrial, or mixed uses such that it contributes to or constitutes the municipality's downtown, community center, or central business district and wherein all vegetative buffers have been depleted, impervious surfaces are in excess of 50 percent, and residential uses are of at least 10 dwelling units per acre.

XXVI. “Water dependent structure” means a structure that is a dock, wharf, pier, breakwater, beach, boathouse, retaining wall, or launching ramp or other similar structure, or any part thereof, built over, on, or in the waters of the state.

XXVII. "Woodland buffer" means all protected shorelands within 150 feet of the reference line including those protected shorelands within 50 feet of the reference line more specifically designated as the waterfront buffer.

Appendix C: RSA 483-B Sections Incorporated

RSA 483-B:5-b

IV-a. At the time of the permit application, the applicant shall provide postal receipts or copies, verifying that the governing body of the municipality or municipalities in which the property is located and the local river management advisory committee, if the project is within a designated river corridor defined in RSA 483:4, XVIII and contains river and river segments designated in RSA 483:15, and all abutters have been notified of the application by certified mail. Applicants for the construction of public roads, public utility lines and associated structures and facilities, and public water access facilities shall only be required to provide postal receipts or copies, verifying that the governing body of the municipality or municipalities in which the property is located, and the local river management advisory committee if the project is within a designated river corridor defined in RSA 483:4, XVIII and contains river and river segments designated in RSA 483:15, have been notified of the application by certified mail.

RSA 483-B:9, V(a)(2)(D)

(i) Tree and sapling diameters shall be measured at 4 1/2 feet above the ground for existing trees and saplings, or by caliper at a height consistent with established nursery industry standards when nursery stock is to be used, and are scored as follows:

Diameter or Caliper--Score

1 to 3 inches-1

Greater than 3 to and including 6 inches-5

Greater than 6 to and including 12 inches-10

Greater than 12 inches-15

(ii) For the purpose of replanting under RSA 483-B:9, V(g)(3), shrubs and groundcover plants shall be scored as follows:

Four square feet of shrub area-1 point.

Ground cover, not including mowed lawn--one point for every 50 square feet.

Shrub and groundcover shall count for at least 5 points and not more than 10 points in each full segment.

Appendix D: Native Shoreland/Riparian Buffer Plantings

The following table is available online at: https://www.des.nh.gov/sites/g/files/ehbemt341/files/documents/native-shoreland-plantings.pdf

Common

Name(s)

Latin Name

Height

Growth

Rate

Rooting

Light Preference

Soil

Preference

Habitat

Associated Birds & Mammals

(Cover, Nesting or Food)

& Food Value

Trees

American Basswood (American Linden)

Tilia americana

Medium-Large

60-100’

Moderate

Deep

Full/Part Shade

or Full Sun

Moist

Rich woods, valleys,

gentle slopes

Wildlife: Pileated woodpecker, wood duck, other birds; deer, rabbit, squirrel

Food: Seeds, twigs

American Beech

Fagus grandifolia

Medium-Large

60-90’

Slow

Shallow

Full/Part Shade or Full Sun

Dry or Moist

Rich woods,

well-drained lowlands

Wildlife: Blue jay, chickadees, nuthatches, quail, ruffed grouse, tufted titmouse, wild turkey, wood duck, woodpeckers; bear, chipmunk, deer, fox, porcupine, snowshoe hare, squirrel

Food: Nuts, buds, sap

American Hophornbeam (Ironwood)

Ostrya virginiana

Small

20-40’

Slow

Shallow

Full/Part Shade

or Full Sun

Dry or Moist

Rich woods

Wildlife: Downy woodpecker, mockingbird, purple finch, ring-necked pheasant, rose-breasted grosbeak, ruffed grouse, wild turkey, wood quail; deer, rabbit, squirrel

Food: Nuts, buds, seeds

American Hornbeam

(Blue Beech /Musclewood)

Carpinus caroliniana

Small/Shrubby

20-40’

Slow

Moderate

Full/Part Shade or Full Sun

Dry, Moist, Flood Tolerant

Rich woods, forested wetlands, ravines, streambanks

Wildlife: Quail, ruffed grouse, wood duck; beaver, deer, squirrel

Food: Seeds, buds

American

Mountain Ash

Sorbus americana

Small

Up to 25’

Fast

Shallow

Full/Part Shade or Full-Sun

Dry, Moist

Forested wetlands, rich woods

Wildlife: Bluebird, brown thrasher, catbird, cedar waxwing, grosbeak, mockingbird, robin, thrushes, wild turkey; bear

Food: Fruit, twigs

Balsam Fir

Abies balsamea

Small-Medium

40-60’

Fast

Shallow

Full Sun

Moist, Flood Tolerant

Forested wetlands, streambanks, rich woods

Wildlife: Ruffed grouse,songbirds; small mammals, moose

Food: Seeds

Balsam Poplar

Populus balsamea

Medium

60-80’

Fast

Shallow

Full Sun

Moist

Floodplains, riverbanks, streambanks, valleys

Wildlife: Beaver, deer, mouse, snowshoe hare

Food: Buds, catkins, twigs, foliage

Big-Toothed Aspen

Populus grandidentata

Small-Medium

30-60’

Fast

Shallow

Full Sun

Dry or Moist

Sandy upland soils, floodplain streams; with quaking aspen

Wildlife: Black-capped chickadee, evening grosbeak, purple finch, ruffed grouse, yellow-bellied sapsucker; deer

Food: Buds, catkins, bark, twigs, and foliage

Black Ash

Fraxinus nigra

Medium

60-80’

Moderate

Shallow

Full/Part Shade

Moist, Flood Tolerant

Forested wetlands, streambanks

Wildlife: Songbirds, wood duck; deer, moose, small mammals

Food: Fruit, twigs, young leaves

Black Birch

(Sweet Birch)

Betula lenta

Medium

40-60’

Moderate

Shallow

Full/Part Shade

Moist

Cool, moist uplands, rich woods

Wildlife: Grouse; deer, rabbit

Food: Buds, catkins, seeds

Black Cherry

Prunus serotina

Medium

40-60’

Moderate

Deep Taproot

Full/Part Shade

Dry or Moist

Rich woods, on many sites except very dry soils

Wildlife: Bluebird, blue jay, brown thrasher, cardinal, catbird, cedar waxwing, common crow, eastern kingbird, evening grosbeak, mockingbird, northern flicker, northern oriole, robin, ruffed grouse, sparrows, thrushes, veery, vireo, yellow-bellied sapsucker; bear, chipmunk, deer, fox, raccoon, squirrel

Food: Berries, buds, sap

Black Gum

(Tupelo)

Nyssa sylvatica

Medium

50-60

Slow

No Information Available

Full/Part Shade

Dry or Moist

Forested wetlands, floodplains

Wildlife: Bluebird, cardinal, catbird, chickadee, crow, finches, mallards, robin, ruby-throated hummingbird, ruffed grouse, vireo, wild turkey, woodpeckers, wood duck; honeybees, bear, chipmunk, deer, opossum, squirrel

Food: Seeds, sap, nectar.

Black Spruce

Picea mariana

Small

Up to 25’

Slow

Shallow

Full/Part Shade

Moist, Flood Tolerant

Bogs, forested wetlands, lake and pond shores

Wildlife: Songbirds, ruffed grouse, spruce grouse; chipmunk, cottontail, deer, porcupine, squirrel

Food: Seeds, twigs, nectar, bark

Black Willow

Salix nigra

Small-Medium

Up to 50’

Very Fast

Very Shallow

Full Sun

Moist, Flood Tolerant

Forested wetlands, lowlands, floodplains

Wildlife: Songbirds and mammals

Food: Buds, catkins

Box Elder

Acer negundo

Medium

40-70’

Very Fast

Deep, Lateral

Full Sun

Dry, Moist, Flood Tolerant

Forested wetlands, lowlands, floodplains

Wildlife: Songbirds and mammals

Food: Seeds

Eastern Cottonwood

Populus deltoides

Medium-Large

80-100’

Fast

Shallow

Full Sun

Dry or Moist

Floodplains, streambanks, valleys

Wildlife: Ruffed grouse

Food: Catkins

Eastern Hemlock

Tsuga canadensis

Medium-Large

80-100’

Moderate

Shallow Lateral

Full/Part Shade

Dry or Moist, Acidic

Cool, moist uplands, ravines, rock outcrops, streambanks

Wildlife: Black-capped chickadee, blue and green warblers, crossbill, hawks, juncos, pine siskin, ruffed grouse, veery, wild turkey; deer, chipmunk, cottontail, porcupine, squirrel, white-footed mouse

Food: Twigs, foliage, seeds

Eastern White Pine

Pinus strobus

Large

70-120’

Moderate

Shallow

Full Sun

Dry or Moist, Well-Drained

Forested wetlands, bogs, ravines, cool shady north slopes

Wildlife: Brown creeper, chickadee, crossbill, grosbeak, junco, nuthatch, pine warbler, sparrows, spruce grouse, wild turkey, woodpeckers; beaver, chipmunk, deer, snowshoe hare, squirrel

Food: Seeds, foliage, twigs; excellent winter food

Gray Birch

(Wire Birch)

Betula populifolia

Small

20-35’

Fast

Shallow

Full/Part Shade

or Full Sun

Dry or Moist

Pioneer Species;

poorest of sterile soils,

sandy or gravelly slopes

Wildlife: American goldfinch, blue jay, chickadee, northern junco, pine siskin, red-tailed hawk, ruffed grouse, sparrows, vireo, yellow-bellied sapsucker, woodpeckers; snowshoe hare

Food: Seeds, buds

Green Ash

Fraxinus pennsylvanica

Medium-Large

60-80’

Fast

Shallow

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Forested wetlands, floodplains,

streambanks; never on dry soils

Wildlife: Cardinal, finches, evening grosbeak, mourning dove, red-winged blackbird, wood duck; beaver, chipmunk, deer, porcupine, squirrel

Food: Seeds, foliage

Northern White Cedar

(Arborvitae)

Thuja occidentalis

Medium

30-60’

Slow to Moderate

Shallow

Full Sun

Moist, Flood Tolerant

Bogs, wetlands, rich woods

Wildlife: Songbirds; small mammals, deer

Food: Seeds, needles

Quaking/Trembling Aspen (Poplar)

Populus tremuloides

Small-Medium

30-60’

Fast

Shallow

Full Sun

Dry or Moist

Pioneer Species;

dry open woods,

sandy or gravelly slopes

Wildlife: Ruffed grouse; beaver, deer, porcupine, snowshoe hare

Food: Buds, catkins, bark, twigs, and foliage

Red Maple

Acer rubrum

Medium

40-75’

Moderate to Fast

Very Shallow

Full Sun

Dry, Moist, Flood Tolerant

Forested wetlands, stream

banks, lakeshores, rich woods,

Wildlife: Cardinal, chickadee, evening and pine grosbeaks, finches, robin, yellow-bellied sapsucker; beaver, chipmunk, deer; opossum, squirrel, snowshoe hare

Food: Seeds, buds, bark, twigs, sap

Red Oak

Quercus rubra

Medium

60-90’

Moderate

Deep Lateral

Full/Part Shade or Full Sun

Dry or Moist

Bottom

lands, moist slopes,

Wildlife: Blue jay, brown thrasher, ducks, hawks, quail, nuthatch, ruffed grouse, towhee, wild turkey, woodpecker; bear, chipmunk, deer, gopher, opossum, raccoon, squirrel

Food: Acorns

Shagbark Hickory

Carya ovata

Large

70-100’

Fast

Deep Taproot

Full/Part Shade

Dry or Moist

Rich woods, valleys, upland slopes

Wildlife: Cardinal, field sparrows, pine warbler, rose-breasted grosbeak, rufous-sided towhee, white-breasted nuthatch, wild turkey, wood duck, yellow-rumped warbler; chipmunks, squirrels

Food: Nuts

Silver Maple

Acer sacharinium

Medium

60-80’

Moderate

Shallow

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Forested wetlands, riverbanks, floodplains, streambanks

Wildlife: Cardinal, goldfinch, evening and pine grosbeaks, northern oriole

Food: Seeds, buds

Striped Maple

(Moosewood/

Moose Maple)

Acerpensylvanicum

Small/Shrubby

20-30’

Moderate

Shallow

Full/Part-Shade

Moist

Rich woods, cool moist sites

Wildlife: Ruffed grouse; beaver, deer, moose, porcupine, rabbit

Food: Buds, bark, samaras

Sugar Maple

Acer saccharum

Medium-Large

60-100’

Slow

Shallow

Full/Part Shade or Full Sun

Moist

Valleys and uplands;

tolerates almost all soil types

Wildlife: Cardinal, goldfinch, grosbeak, ring-necked pheasant, robin, ruffed grouse, vireo; beaver, chipmunk, porcupine; Browse for deer, rabbit, snowshoe hare

Food: Seeds, twigs, bark

Swamp White Oak

Quercus bicolor

Medium

60-70’

Fast

No Information Available

Full/Part Shade

Moist

Forested wetlands, floodplains, streambanks

Wildlife: Barred owl, blue jay, cardinal, brown thrasher, grouse, mallards, nuthatch, quail, red-bellied woodpecker, red-tailed hawk, ruffed grouse, starling, towhee, wild turkey, yellow-throated warbler, wren; beaver, chipmunk, cottontail, deer, gopher, opossum, raccoon, squirrel, white-footed mouse, wild turkey

Food: Acorns

Sweet Gum

Liquidambar styraciflua

Medium-Large

60-100’

Moderate

No Information Available

Full Sun

Moist

Valleys, Lower slopes, mixed woodlands

Wildlife: Mourning dove, finches, junco, wren; beaver, chipmunk, squirrel

Food: Seeds

Sycamore

(Planetree/Buttonwood)

Platanus occidentalis

Large

80-100’

Slow

No Information Available

Full/Part Shade or Full-Sun

Dry or Moist

Floodplains, lakeshores, streambanks

Wildlife: Finches; chipmunk, squirrel

Food: Seeds

Tamarack

(American/Eastern Larch)

Larix laricina

Small-Medium

40-80’

Variable

Moderate

Full Sun

Moist, Flood Tolerant

Bogs, swamps, wet peaty soils, drier upland loamy soils

Wildlife: Blue jay, kinglets, pheasant, red crossbill, robin, ruffed grouse, spruce grouse, yellow-bellied sapsucker; chipmunk, deer, porcupine, red squirrel, snowshoe hare

Food: Needles, twigs, inner bark, seeds

White Ash

Fraxinus americana

Medium-Large

70-100’

Moderate

Shallow

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Rich woods, valleys, slopes, forested wetlands, floodplains, streambanks

Wildlife: Finches, grosbeaks, red-winged blackbird, wood duck; deer, squirrel

Food: Seeds, foliage

White Birch

(Paper Birch)

Betula papyrifera

Medium

50-75’

Fast

Shallow

Full Sun

Dry or Moist

Forested wetlands, rich woods

Wildlife: Grouse, siskins

Food: Seeds, buds

White Oak

Quercus alba

Medium-Large

50-90’

Moderate

Deep

Full/Part Shade or Full Sun

Deep, rich, well-drained

Streambanks, lakeshores, gentle slopes; adapts to almost any condition

Wildlife: Blue jay, brown thrasher, nuthatch, quail, ruffed grouse, towhee, wild turkey, wood duck, woodpecker; chipmunk, bear, deer, gopher, opossum, raccoon, squirrel

Food: Acorns

White Spruce

Picea glauca

Medium

40-70’

Moderate

Shallow

Full/Part Shade or Full Sun

Dry or Moist

Streambanks, lakeshores, rich woods, adjacent slopes

Wildlife: Fishers,martens, snowshoe hare, voles

Food: Seeds

Yellow Birch

(Sweet Birch)

Betula alleghaniensis

Medium-Large

70-100’

Slow

Shallow/

Moderate

Full/Part Shade

Dry or Moist

Forested wetlands, floodplains, ravines, cool, rich woods of high elevations

Wildlife: Black-capped chickadee, common redpoll, goldfinch, pine siskins, red-shouldered hawk, ring-necked pheasant, ruffed grouse, wild turkey, wood duck, yellow-bellied sapsucker; beaver, chipmunk, deer, porcupine, squirrel, snowshoe hare

Food: Catkins, buds, bark, twigs, foliage, seeds

Common

Name(s)

Latin Name

Height

Growth Rate

Light Preference

Soil

Preference

Habitat

Associated Birds & Mammals

(Cover, Nesting or Food)

& Food Value

Shrubs

American Hazelnut

Corylus americana

Medium

5-10’

Moderate

Full/Part Shade or Full Sun

Moist

Borders of woods, hillsides, thickets

Wildlife: Blue jay, brown thrasher, cedar waxwing, hairy woodpecker, ring-necked pheasant, ruffed grouse; chipmunk, deer, rabbit, squirrel

Food: Nuts, berries, foliage

Beaked Hazelnut

Corylus cornuta

Small

6-10’

Moderate

Full/Part Shade

or Full Sun

Dry

Dry places

Wildlife: Birds, mammals

Food: Beaked nuts

Black Chokeberry

Aronia meloncarpa

Medium

Up to 10’

Moderate

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands

Wildlife: Cedar waxwing, chickadees,ruffed grouse, sharp-tailed grouse;deer, rabbit, squirrel

Food: Berries, buds

Buttonbush

Cephalanthus occidentalis

Medium

6-12’

Moderate

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Streambanks, lakeshores, ponds, shrub and forested wetlands

Wildlife: Ducks, rails, ruby-throated hummingbird; beaver, deer, muskrat, butterflies, honeybees and other insects

Food: Fruit, twigs, leaves, seeds, nectar

Chokecherry

Prunus virginiana

Small

3-6’

Moderate

Full/Part Shade

or Full Sun

Dry or Moist

With Aspen; dry soils

Wildlife: Bluebird, brown thrasher, catbird, crow, eastern kingbird, evening grosbeak, orioles, pileated woodpecker, ring-necked pheasant, robin, rose grosbeak, ruffed grouse, thrushes, yellow-bellied sapsucker; rabbit, squirrel

Food: Berries, buds, foliage

Elderberry

Sambucus canadensis

Small-Medium

3-12’

Moderate

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Rich woods, shrub and forested wetlands, marshes

Wildlife: Bluebirds, blue jay, brown thrasher, cardinal, catbird, grosbeak, indigo bunting, pileated woodpecker, ringed-neck pheasant, robin, rose-breasted grosbeak, ruffed grouse, thrushes, wild turkey, woodpecker; chipmunk, deer, rabbit, squirrel

Food: Berries, nectar, twigs, bugs

Gray Dogwood

(Red-Panicle Dogwood)

Cornus racemosa

Medium

10-15’

Moderate

Full/Part Shade or Full Sun

Dry or Moist

Roadsides, thickets, wetlands

Wildlife: Blue jay, cardinal, catbird, cedar waxwing, eastern kingbird, finch, flycatcher, grosbeak, hairy woodpecker, northern flicker, phoebe, pileated woodpecker, pine grosbeak, pine warbler, red-bellied woodpecker, ring-necked pheasant, robin, ruffed grouse, starling, swamp sparrow, tufted titmouse, veery, vireo, wild turkey, wood duck, wood thrush, woodcock, yellow-bellied sapsucker; chipmunk, deer, red fox, rabbit, squirrel

Food: Berries, twigs

Highbush Blueberry

Vaccinium corymbosum

Medium

5-15’

Slow

Full/Part Shade or Full Sun

Dry, Moist, Flood Tolerant

Shrub and forested wetlands,

rich woods

Wildlife: Baltimore oriole,bluebird, blue jay, cardinal, chickadee, gray catbird, kingbird, orioles, phoebe, red-bellied woodpecker, ring-necked pheasant, robin, ruffed grouse, rufos-sided towhee, scarlet tanager, tufted titmouse, veery, wild turkey, woodpeckers, wood thrush; black beer, chipmunk, deer, muskrat, rabbit, squirrel, white-footed mouse

Food: Berries, foliage, twigs, buds

Hobblebush

Viburnum alnifolium

Medium

Up to 10’

Moderate

Full/Part Shade

Moist, Flood Tolerant

Cool, moist ravines, shady lakeshores

Wildlife: Brown thrasher, cardinal, cedar waxwing, evening grosbeak, robin

Food: Fruit

Juniper

Juniperus communis

Small

1-4’

Slow

Full Sun

Dry

Dry open land

Wildlife: Cedar waxwing, finches, grosbeaks, grouse, pheasant, robin; deer, rabbit, moose

Food: Twigs, foliage, fruit

Lowbush Blueberry

Vaccinium angustifolium

1-2’

Slow

Full/Part Shade or Full Sun

Dry or Moist

Bogs, dry sandy flats, rocky slopes

Wildlife: Blue jay, grouse, kingbird, oriole, robin, tanagers, woodpeckers; squirrel

Food: Berries, foliage, twigs

Maleberry

Lyonia ligustris

Up to 10’

Moderate

Full/Part Shade or Full Sun

Moist

Shrub and forested wetlands,

rich woods, gentle slopes

Wildlife: Songbirds and mammals

Food: Fruit

Mapleleaf Viburnum

Viburnum acerifolium

Small

3-6’

Moderate

Full/Part Shade or Full Sun

Moist

Rich woods

Wildlife: Songbirds and mammals

Food: Fruit

Mountain Laurel

Kalmia latifolia

Up to 20’

Moderate

Full/Part Shade

or Full Sun

Dry or Moist

Mixed uplands, acid soils

Wildlife: Ruffed grouse; deer

Food: Foliage, buds, twigs, nectar

Nannyberry

Viburnum lentago

Medium-Large

10-25’

Moderate

Fall/Part Shade or Full Sun

Dry or Moist

Rich woods

Wildlife: Songbirds, mammals

Food: Berries

Northern Arrowwood

Viburnum recognitum

Medium

10-15’

Moderate

Fall/Part Shade or Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands, lakeshores, streambanks

Wildlife: Ruffed grouse, songbirds; bear, chipmunks, raccoon, squirrel, skunk, white-footed mouse

Food: Berries

Northern Wild Raisin

(Witherod Viburnum)

Viburnum nudum var.cassinoides

Medium

6-10

Moderate

Full/Part Shade

Moist, Flood Tolerant

Shrub and forested wetlands, valleys, slopes, streambanks

Wildlife: Brown thrasher, cedar waxwing, flycatcher, ruffed grouse, veery, woodcock, yellow-warbler; chipmunk, deer, muskrat, squirrel, snowshoe hare

Food: Bark, twigs, buds

Pussy Willow

Salix discolor

Medium-Large

Up to 15’

Fast

Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands, streambanks, lakeshores

Wildlife: American goldfinch, ruffed grouse; beaver, hare, rabbits, squirrel

Food: Buds, catkins, twigs, bark

Raspberry

Rubus idaeus

Small

Up to 6’

Fast

Full/Part Shade or Full Sun

Dry or Moist

Thickets, edges of woods

Wildlife: Songbirds and mammals

Food: Fruits

Red Osier Dogwood

Cornus stolonifera

Small-Medium

4-8’

Fast

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Rich woods, streambanks, lakeshores

Wildlife: Bluebird, brown thrasher, cardinal, catbird, cedar waxwing, downy woodpecker, eastern kingbird, finches, northern flicker, pine warbler, purple finch, ringed-neck pheasant, ruffed grouse, vireo, wild turkey, woodpeckers, wood duck; chipmunk, deer, rabbit, squirrel

Food: Berries, twigs

Rhodora

Rhododendron canadense

Small

3-4’

Slow

Full Sun

Moist, Flood Tolerant

Bogs, slopes, rocky summits

Wildlife: Songbirds and mammals

Food: Leaves

Shadbush

(Serviceberry/Juneberry)

Amelanchier spp.

Large

15-25’

Slow

Full/Part Shade or Full Sun

Dry, Moist, Flood Tolerant

Shrub and forested wetlands, floodplains, streambanks, rich woods

Wildlife: Bluebird, brown thrasher, cardinal, catbird, cedar waxwing, gray catbird, junco, orioles, red squirrel, robin, ruffed grouse, scarlet tanager, thrushes, veery, woodpeckers; beaver, deer, red squirrel, skunk

Food: Berries, twigs

Silky Dogwood

Cornus amomum

Medium

6-10’

Fast

Full/Part Shade or Full Sun

Dry, Moist, Flood Tolerant

Shrub and forested wetlands,

streambanks

Wildlife: Baltimore oriole, black-capped chickadee, blue jay, brown thrasher, cardinal, catbird, cedar waxwing, downy woodpecker, eastern kingbird, flycatcher, mockingbird, northern flicker, pine warbler, purple finch, red-bellied woodpecker, ringed-neck pheasant, robin, rose-breasted grosbeak, ruffed grouse, song sparrow, starlings, tufted-titmouse, wild turkey, wood duck, wood thrush, veery; chipmunk, deer, rabbit, raccoon, skunk, squirrel, white-footed mouse

Food: Berries, buds, twigs

Speckled Alder

Alnus rugosa

Large

15-25’

Fast

Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands, streambanks, lakeshores

Wildlife: Alder flycatcher, catbird, goldfinch, mallards, pheasant, pine siskin, red-winged blackbird, ruffed grouse, swamp sparrow, yellow-bellied flycatcher, woodcock; bear, beaver, deer, cottontail, moose, muskrat, snowshoe hare

Food: Buds, twigs, bark, leaves

Spicebush

Lindera benzoin

Small-Large

6-17’

Moderate

Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands,

rich woods

Wildlife: Catbird, kingbird, pheasant, quail, robin, ruffed grouse, veery, vireo, wood thrush; swallowtail butterflies; deer, muskrat

Food: Fruit, buds, twigs, leaves

Swamp Azalea

Rhododendron viscosum

Up to 5’

Moderate

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands,

rich woods

Wildlife: Hummingbird; butterflies and other insects; deer

Food: Leaves, nectar

Swamp Blackberry

Rubus hispidus

Small

Up to 6’

Slow

Full/Part Shade

Dry or Moist

Shrub and forested wetlands, rich woods

Wildlife: Blue jay, brown thrasher, cardinal, cedar waxwing, grackle, gray catbird, grosbeak, mockingbird, oriole tanager, ring-necked pheasant, robin, ruffed grouse, rufus-sided thrushes, towhee, veery, wild turkey, woodcock, woodpeckers, wood thrush; chipmunk, cottontail, deer, raccoon, skunk, squirrel

Food: Fruit, canes

Sweet Gale

Myrica gale

Small

1-4’

Slow

Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands, lakeshores, streambanks

Wildlife: Black-capped chickadee, catbird, common yellowthroat, phoebe, pied-billed grebe, ruffed grouse, tree swallow, tufted titmouse, wild turkey; deer, muskrat

Food: Buds, leaves

Sweet Pepperbush

Clethra alnifolia

Medium

3-10’

Moderate

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands,

lakeshores, streambanks

Wildlife: Butterflies and other insects

Food: Fruit, seeds, nectar

Winterberry Holly

(Black Alder)

Ilex verticillata

Medium

6-10’

Slow

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands,

lakeshores, streambanks

Wildlife: Cardinal, catbird, cedar waxwing, chickadees, finches, flickers, ruffed grouse, thrushes, vireo, woodpeckers; bear, cottontail, deer, moose, skunk, white-footed mouse

Food: Berries, twigs, leaves

Witch Hazel

Hammamelis virginiana

Large

20-30’

Slow

Full/Part Shade or Full Sun

Moist

Dry or rich woods

Wildlife: Cardinal, ring-necked pheasant, ruffed grouse, wild turkey; deer, squirrels

Food: Seeds, buds, twigs, bark

Common

Name(s)

Latin Name

Height

Light Preference

Soil

Preference

Habitat

Associated Birds & Mammals

(Cover, Nesting or Food)

& Food Value

Groundcover/Herbaceous Perennials

Boneset

Eupatorium perfoliatum

4-6’

Full Sun

Dry or Moist

Wet meadows, marshes, pond edges

Wildlife: Mallards, ruffed grouse, swamp sparrow, wild turkey; butterflies and other insects

Food: Nectar

Blue Flag Iris

Iris versicolor

2-3’

Full Sun

Moist, Flood Tolerant

Marshes, lakeshores, streambanks

Wildlife: Blue-winged teal, ruby-throated hummingbird, wood duck; butterflies and other insects; muskrat

Food: Nectar, shoots

Bunchberry

Cornus canadensis

3-8”

Full/Part Shade

Moist

Cool, moist woods

Wildlife: Sharp-tailed grouse, spruce-grouse; moose

Food: Fruit, buds

Cardinal Flower

Lobelia cardinalis

2-4’

Full Sun

Moist, Flood Tolerant

Damp sites, streambanks

Wildlife: Ruby-throated hummingbirds; butterflies and other insects; bear, deer

Food: Nectar

Cattail (Broad-Leaf)

Typha latifolia

Up to 10’

Full Sun

Moist, Flood Tolerant

Marshes, lakeshores, streambanks

Wildlife: Blue-winged teal, black-crowned night heron, red-winged blackbird, king rail, least and American bittern, mallards, marsh wren, swamp sparrow, Virginia rail; chipmunk, deer, muskrat

Food: Seed heads

Christmas Fern

Polystichium acrostichoides

Up to 1’

Full/Part Shade

Moist

Rich woods

Wildlife: Ruffed grouse; box turtle, chipmunk, rabbit

Food: Fronds, filldeheads

Cinnamon Fern

Osmunda cinnamomea

Up to 3’

Full/Part Shade

Moist, Flood Tolerant

Shrub and forested wetlands

Wildlife: Brown thrasher, ruby-throated hummingbird, ruffed grouse, yellow throat; chipmunk, deer, white-footed mouse, vole

Food: Fronds, filldeheads

Foamflower

Tiarella cordifolia

Up to 1’

Full/Part Shade

Moist

Rich woods

Wildlife: Songbirds and mammals

Food: Leaves

Goldenrod

(Rough or Grass-Leaved)

Solidago spp.

1-5’

Full Sun

Dry or Moist

Wet meadows, marshes, damp swales

Wildlife: Goldfinch, junco, ruffed grouse, swamp sparrow; butterflies and other insects; cottontail, meadow mice

Food: Seeds, nectar

Hay-Scented Fern

Dennstaedtia punctiloula

Up to 2’

Full/Part Shade

or Full Sun

Moist

Woodlands, hillside pastures

Wildlife: Mammals

Food: Fronds, filldeheads

Interrupted Fern

Osmunda punctiloula

3-4’

Full/Part Shade

Moist

Woodland edges, stony dry soil

Wildlife: Mammals

Food: Fronds, filldeheads

Jewelweed

(Spotted-Touch-Me-Not)

Impatiens capensis

2-5’

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands,

streambanks

Wildlife: Ring-necked pheasant, ruffed grouse, ruby-throated hummingbird, veery; butterflies and other insects; white-footed mouse

Food: Nectar, seeds

Joe Pye Weed

Eupatorium purpureum

2-6’

Full Sun

Moist, Flood Tolerant

Wet meadows, marshes, shores

Wildlife: Ruby-throated hummingbird, swamp sparrow; butterflies and other insects; cottontail, muskrat, raccoon

Food: Nectar

New England Aster

Aster novae-angliae

Up to 5’

Full Sun

Dry or Moist

Wet meadows, wetlands

Wildlife: Songbirds; butterflies and other insects

Food: Nectar, seeds

Ostrich Fern

Pteretis pensylvanica

Up to 6’

Full/Part Shade

Shrub and forested wetlands

Wildlife: Mammals

Food: Fronds, fiddleheads

Partridgeberry

Mitchella repens

Up to 1’

Full/Part Shade

Dry or Moist

Rich woods

Wildlife: Grouse, mammals

Food: Berries

Rattlesnake Manna Grass

Glyceria canadensis

Up to 3’

Full Sun

Moist

Marshes, bogs, forested wetlands, lakeshores

Wildlife: Songbirds and mammals

Food: Seeds

Rice Cutgrass

Leersia oryzoides

Up to 5’

Full Sun

Moist, Flood Tolerant

Primarily fresh marshes

Wildlife: Deer, muskrat, moose

Food: Seeds, foliage

Riverbank Grape (Vine)

Vistis riparia

Up to 25’

Full/Part Shade or Full Sun

Moist

Streambanks

Wildlife: Pileated woodpecker, ruffed grouse, wild turkey, wood duck; various mammals

Food: Fruit

Royal Fern

Osmunda regalis

Up to 5’

Full/Part Shade or Full Sun

Moist, Flood Tolerant

Shrub and forested wetlands

Wildlife: Mammals

Food: Fronds, fiddleheads

Sensitive Fern

Onoclea sensibilis

Up to 3’

Full/Part Shade

Moist, Flood Tolerant

Shrub and forested wetlands

Wildlife: Black-capped chickadee, ruffed grouse; bear, deer

Food: Buds, foliage

Sheep Laurel

Kalmia angustifolia

Up to 4’

Fall/Part Shade or Full Sun

Dry, Moist, Flood Tolerant

Shrub and forest wetlands, fields/pastures

Poisonous to livestock.

Swamp Milkweed

Asclepias incarnata

Up to 2’

Fall/Part Shade

Moist

Wet meadows, wetlands, thickets, shores

Wildlife: Black duck, mallards, red-winged blackbird, ruby-throated hummingbird; Monarch butterfly, other butterflies and insects; muskrat

Food: Nectar, seeds

Sweet Fern

Componia perigrina

1-3’

Full/Part Shade

or Full Sun

Dry

Open, dry sandy soils and pastures

Wildlife: Flickers, sharp-tailed grouse; deer, moose

Food: Fruit

Tall Meadow Rue

Thalictrum polyganum

2-8’

Full/Part Shade

Moist

Wetlands, wet meadows, streamsides

Wildlife: Bees, butterflies

Food: Nectar

Tussock Sedge

Carex stricta

Up to 4”

Full Sun

Moist, Flood Tolerant

Marshes, rich woods

Wildlife: Finches, ruffed grouse, snipe, sparrows; deer

Food: Seeds, foliage

Twinflower

Linnaea borealis

Up to 6”

Full/Part Shade

Moist

Rich woods

Wildlife: Mammals

Food: Foliage

Virginia Creeper (Vine)

Parthenocissus quinquefolia

Up to 25’

Full/Part Shade or Full Sun

Dry or Moist

Woods, rocky banks

Wildlife: Bluebird, great-crested flycatcher, red-eyes vireo, pileated woodpecker

Food: Berries

Whorled Loosestrife

Lysimachia quadrifolia

Up to 4’

Full/Part Shade

or Full Sun

Dry or Moist

Dry or moist open woods, thickets

Wildlife: Mammals

Food: Foliage

Wild Sarsaparilla

Aralia nudicanlis

8-15”

Full/Part Shade

Dry or Moist

Upland woods

Wildlife: Mammals

Food: Foliage, seeds, berries

Wintergreen

(Teaberry/Checkerberry)

Gaultheria procumbens

Up to 4”

Full Sun

Dry

Oak woods, sandy soils

Wildlife: Partridge,ruffed grouse, songbirds; chipmunk, deer, moose

Food: Fruit, foliage

Appendix E

PRIOR RULE

NEW RULE

PART Env-Wq 1402 DEFINITIONS

PART Env-Wq 1402 DEFINITIONS

Env-Wq 1402.01 “Abutter”

Env-Wq 1402.01 “Abutter”

Env-Wq 1402.02 “Accessory structure”

Env-Wq 1402.02 “Accessory structure”

Env-Wq 1402.03 “Basal area”

Env-Wq 1402.04 “Commissioner”

Env-Wq 1402.03 “Commissioner”

Env-Wq 1402.05 “Construction”

Env-Wq 1402.04 “Construction”

Env-Wq 1402.06 “Department”

Env-Wq 1402.05 “Department”

Env-Wq 1402.07 “Disturbed area”

Env-Wq 1402.06 “Disturbed area”

Env-Wq 1402.08 “Excavation”

Env-Wq 1402.07 “Excavation”

Env-Wq 1402.09 “Fertilizer” [revised]

Env-Wq 1402.08 “Fertilizer” [revised]

Env-Wq 1402.10 “Fill” as a noun

Env-Wq 1402.09 “Fill” as a noun

Env-Wq 1402.11 “Fill” as a verb

Env-Wq 1402.10 “Fill” as a verb

Env-Wq 1402.12 “Footprint”

Env-Wq 1402.11 “Footprint”

Env-Wq 1402.13 “Functionally-equivalent use”

Env-Wq 1402.14 “Ground cover”

Env-Wq 1402.12 “Ground cover”

Env-Wq 1402.15 “Impervious surface area”

Env-Wq 1402.13 “Impervious surface area”

Env-Wq 1402.16 “Impervious surface”

Env-Wq 1402.14 “Impervious surface”

Env-Wq 1402.17 “Lot of record”

Env-Wq 1402.15 “Lot of record”

Env-Wq 1402.18 “Low phosphate, slow release nitrogen fertilizer”

Env-Wq 1402.16 “Low phosphate, slow release nitrogen fertilizer”

Env-Wq 1402.19 “Municipality”

Env-Wq 1402.17 “Municipality”

Env-Wq 1402.20 “Natural condition”

Env-Wq 1402.21 “Natural ground cover”

Env-Wq 1402.22 “Natural woodland buffer”

Env-Wq 1402.18 “Natural woodland buffer”

Env-Wq 1402.23 “Non-conforming lot of record”

Env-Wq 1402.19 “Non-conforming lot of record”

Env-Wq 1402.24 “Nonconforming structure”

Env-Wq 1402.20 “Nonconforming structure”

Env-Wq 1402.25 “Open porch”

Env-Wq 1402.21 “Open porch”

Env-Wq 1402.26 “Ordinary high water mark”

Env-Wq 1402.22 “Ordinary high water mark”

Env-Wq 1402.27 “Person”

Env-Wq 1402.23 “Person”

Env-Wq 1402.28 “Pre-existing nonconforming primary structure”

Env-Wq 1402.24 “Pre-existing nonconforming primary structure”

Env-Wq 1402.29 “Primary building line”

Env-Wq 1402.25 “Primary building line”

Env-Wq 1402.30 “Primary structure”

Env-Wq 1402.26 “Primary structure”

Env-Wq 1402.31 “Project”

Env-Wq 1402.27 “Project”

Env-Wq 1402.32 “Protected shoreland”

Env-Wq 1402.28 “Protected shoreland”

Env-Wq 1402.33 “Public benefit infrastructure (PBI)”

Env-Wq 1402.34 “PBI maintenance permit”

Env-Wq 1402.35 “Public waters”

Env-Wq 1402.29 “Public waters”

Env-Wq 1402.36 “Reference line”

Env-Wq 1402.30 “Reference line”

Env-Wq 1402.37 “Removal or removed”

Env-Wq 1402.31 “Removal or removed”

Env-Wq 1402.38 “Repeat violation”

Env-Wq 1402.32 “Repeat violation”

Env-Wq 1402.39 “Repair”

Env-Wq 1402.33 “Repair”

Env-Wq 1402.40 “Replace in kind”

Env-Wq 1402.34 “Replace in kind”

Env-Wq 1402.41 “Replacement system”

Env-Wq 1402.35 “Replacement system”

Env-Wq 1402.42 “Residential unit”

Env-Wq 1402.36 “Residential unit”

Env-Wq 1402.43 “Same degree of protection provided to the public waters”

Env-Wq 1402.44 “Sapling”

Env-Wq 1402.37 “Sapling”

Env-Wq 1402.45 “Segment”

Env-Wq 1402.38 “Segment”

Env-Wq 1402.46 “Shoreland frontage”

Env-Wq 1402.39 “Shoreland frontage”

Env-Wq 1402.47 “Shoreland permit”

Env-Wq 1402.40 “Shoreland permit”

Env-Wq 1402.48 “Shrub”

Env-Wq 1402.41 “Shrub”

Env-Wq 1402.49 “Stabilized”

Env-Wq 1402.42 “Stabilized”

Env-Wq 1402.50 “Structure”

Env-Wq 1402.43 “Structure”

Env-Wq 1402.51 “Subdivision”

Env-Wq 1402.44 “Subdivision”

Env-Wq 1402.52 “Tree”

Env-Wq 1402.45 “Tree”

Env-Wq 1402.53 “Unaltered state”

Env-Wq 1402.46 “Unaltered state”

Env-Wq 1402.54 “Unsafe tree”

Env-Wq 1402.47 “Unsafe tree”

Env-Wq 1402.55 “Urbanization”

Env-Wq 1402.48 “Urbanization”

Env-Wq 1402.56 “Water dependent structure”

Env-Wq 1402.49 “Water dependent structure”

Env-Wq 1402.57 “Waterfront buffer”

Env-Wq 1402.50 “Waterfront buffer”

PART Env-Wq 1406 PERMITTING OF PROJECTS

PART Env-Wq 1406 PERMITTING OF PROJECTS

Env-Wq 1406.16 Recordation of Certain Permits

repealed due to statutory change

(a)-(c)

Env-Wq 1406.16 Shoreland Permit by Notification Procedures.

intro, (a)-(e)

Env-Wq 1406.17 Shoreland Permit by Notification Information.

intro, (a)-(b)

Env-Wq 1406.18 Signatures Required.

(a)-(b)

Env-Wq 1406.19 Acceptance or Rejection of Shoreland Permit by Notification.

(a)-(f)

Env-Wq 1406.17 Conditions Applicable to All Projects in the Protected Shoreland

Env-Wq 1406.20 Conditions Applicable to All Projects in the Protected Shoreland.

intro, (a)-(d)

intro, (a)-(d) [edits in (c), (d)]

(e) new re: mechanized equipment

Env-Wq 1406.18 Issuance and Transferability

Env-Wq 1406.21 Issuance and Transferability

(a)-(e)

(a)-(f) T[nc]

Env-Wq 1406.19 Duration of Shoreland Permit; Amendments

Env-Wq 1406.22 Duration of Shoreland Permit; Amendments

(a)-(e)

(a)-(e) [edits to delete PBI maintenance permits]

(f)

deleted [re: PBI MP]

(g)

(f) edit

(h)

deleted [re: PBI MP]

PART Env-Wq 1408 REPLACEMENT OR REDEVELOPMENT

PART Env-Wq 1408 REPLACEMENT OR REDEVELOPMENT

Env-Wq 1408.01 Replacement of Pre-existing Nonconforming Primary Structures Damaged By Accidental Means

Env-Wq 1408.01 Replacement of Pre-existing Nonconforming Structures Damaged By Accidental Means

(a)-(c)

(a)-(c) [same edit in (a) as in title otherwise nc]

Env-Wq 1408.02 Replacement of Pre-existing Nonconforming Primary Structures Other Than Those Damaged By Accidental Means

Env-Wq 1408.02 Replacement of Pre-existing Nonconforming Structures Other Than Those Damaged By Accidental Means

text

text [revised]

Env-Wq 1408.03 Expansions Within The Waterfront Buffer

(a)-(b)

Env-Wq 1408.03 Conversion of Decks and Porches Prohibited

Env-Wq 1408.04 Conversion of Decks and Porches Prohibited

text

text [edit to ref. 483-B:11, I]

Env-Wq 1408.04 Redevelopment Waivers

Env-Wq 1408.05 Redevelopment or Expansion of Nonconforming Structures

intro [edit], (a)-(b)

intro [edit], (a)-(b)

(c)

deleted due to change in statute

(d) intro, (1)-(2)

( c ) edits

Env-Wq 1408.05 Decision on Redevelopment Waiver Request

Env-Wq 1408.06 Decision on Application that Includes Redevelopment or Expansion of Nonconforming Structures

(a) intro

(a) intro revised

(1)

(1)-(2)

(2)-(3) clarified

(b)

(b) clarified

History

• (See Revision Notes #1 and #2 at chapter heading for Env-Wq 1400) #12062 eff 12-17-16

Chapter Env-Wq 1500 Alteration of Terrain

Part Env-Wq 1501 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 1501.01 Purpose {#sec-env-wq-1501.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1501.01}

The purpose of this chapter is to implement the intent of RSA 485-A:1 to protect drinking water supplies, surface waters, and groundwater by specifying the procedures and criteria for obtaining permits required by RSA 485-A:17.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1501.02 Applicability {#sec-env-wq-1501.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1501.02}

This chapter shall apply to any person proposing to undertake any of the following activities, whether as part of developing undeveloped land or redeveloping previously-developed land:

(a) Dredging, excavating, placing fill, mining, transporting forest products, or undertaking construction in or on the borders of surface waters of the state; or

(b) Significantly altering the characteristics of the terrain in such a manner as to impede the natural runoff or create an unnatural runoff.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1501.03 Calculation of Time {#sec-env-wq-1501.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1501.03}

(a) Subject to (b), below, if any deadline or time period established in this chapter falls or ends on a Saturday, Sunday, or other day on which state offices are closed, the deadline or time period shall be extended to the first following day on which state offices are open.

(b) A deadline or time period established by statute shall be extended only if the statute expressly provides for such an extension.

History

• #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1502 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1502.01 100-year floodplain {#sec-env-wq-1502.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.01}

“100-year floodplain” means those areas identified as a 100-year floodplain on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.02 Agent {#sec-env-wq-1502.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.02}

“Agent” means a person who has been duly authorized in writing by an applicant or permit holder, as applicable, to:

(a) Take any action this chapter requires the applicant or permit holder, as applicable, to take; and

(b) Interact with the department regarding the application or project, as applicable.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.05)

N.H. Code Admin. R. Ann. Env-Wq 1502.03 Alteration of terrain (AOT) permit {#sec-env-wq-1502.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.03}

“Alteration of terrain (AOT) permit” means a permit issued under RSA 485-A:17 for projects that require a permit and do not qualify for a general permit by rule or a timber harvesting permit by rule.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.02)

N.H. Code Admin. R. Ann. Env-Wq 1502.04 Applicant {#sec-env-wq-1502.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.04}

“Applicant” means a person having a legally-recognized interest in the land on which the work to be covered by an AOT permit will occur that is sufficient for the person to have, or to obtain, an enforceable proprietary interest in the property and legally proceed with the work if an AOT permit is issued.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.05 Bioretention system {#sec-env-wq-1502.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.05}

“Bioretention system” means a shallow vegetated depression that retains stormwater for treatment by flowing through a filtering media.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.05); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.07)

N.H. Code Admin. R. Ann. Env-Wq 1502.06 Borrow area {#sec-env-wq-1502.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.06}

“Borrow area” means an area where earth material is removed to be used in other areas for construction purposes.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.06); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.08)

N.H. Code Admin. R. Ann. Env-Wq 1502.07 Bulk plant or terminal {#sec-env-wq-1502.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.07}

“Bulk plant or terminal” means that portion of a property where petroleum products or hazardous waste liquids are received by tank vessel, pipeline, tank car, or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline tank car, tank vehicle, portable tank, or container.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.07); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.09)

N.H. Code Admin. R. Ann. Env-Wq 1502.08 Certified professional erosion and sediment control specialist (CPESC specialist) {#sec-env-wq-1502.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.08}

“Certified professional erosion and sediment control specialist (CPESC specialist)” means an individual certified by EnviroCert International, Inc.® as competent to develop and implement erosion and sediment control practices.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.08); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.10)

N.H. Code Admin. R. Ann. Env-Wq 1502.09 cHECK-RAS {#sec-env-wq-1502.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.09}

“cHECK-RAS” means the program developed by FEMA to verify the validity of an assortment of parameters found in the U.S. Army Corps of Engineers (USACE) HEC-RAS hydraulic modeling program, which can be downloaded for free at https://www.fema.gov/check-ras-hec-ras-validation-tool.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.09); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.11)

N.H. Code Admin. R. Ann. Env-Wq 1502.10 Community public water supply well {#sec-env-wq-1502.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.10}

“Community public water supply well” means an active well used as a source by a community water system as defined in RSA 485:1-a, I.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.10); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.12)

N.H. Code Admin. R. Ann. Env-Wq 1502.11 Curve number (CN) {#sec-env-wq-1502.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.11}

“Curve number (CN)” means a numerical representation used to describe the stormwater runoff potential for a given drainage area based on land use, soil group, and soil moisture, derived as specified by the U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS).

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.11); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.13)

N.H. Code Admin. R. Ann. Env-Wq 1502.12 Department {#sec-env-wq-1502.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.12}

“Department” means the department of environmental services.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.12); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.14)

N.H. Code Admin. R. Ann. Env-Wq 1502.13 Detention basin {#sec-env-wq-1502.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.13}

“Detention basin” means a structure designed to hold stormwater.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.13); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.15)

N.H. Code Admin. R. Ann. Env-Wq 1502.14 Disconnected impervious cover {#sec-env-wq-1502.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.14}

“Disconnected impervious cover” means impervious cover that directs stormwater runoff to on-site pervious cover to infiltrate into the soil or be filtered by overland flow such that the stormwater does not contribute directly to runoff from a site, and such that the net rate and volume of stormwater runoff from the disconnected impervious cover is not greater than the rate and volume from undisturbed cover of equal area.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.14); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.16)

N.H. Code Admin. R. Ann. Env-Wq 1502.15 Dredge {#sec-env-wq-1502.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.15}

“Dredge” as a verb means to make a body of water such as a lake, river, channel, harbor, or other area of surface water or wetland wider, deeper, or cleaner by the removal of sand, silt, mud, rock, or other such material.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.14); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.17)

N.H. Code Admin. R. Ann. Env-Wq 1502.16 Earth material {#sec-env-wq-1502.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.16}

“Earth material” means sand, silt, soil, mud, gravel, rock, or other such naturally-occurring material.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.18)

N.H. Code Admin. R. Ann. Env-Wq 1502.17 Earth moving {#sec-env-wq-1502.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.17}

“Earth moving” means filling, grading, dredging, mining, excavation, construction, removal of topsoil, removal of stumps, stockpiling of earth material, or any other activity that results in a change to the preexisting ground conditions or contours, or both.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.16); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.19)

N.H. Code Admin. R. Ann. Env-Wq 1502.18 Excavate {#sec-env-wq-1502.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.18}

“Excavate” means to remove earth material from any land area.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.18); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.21)

N.H. Code Admin. R. Ann. Env-Wq 1502.19 Excavation or mining of earth materials project {#sec-env-wq-1502.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.19}

“Excavation or mining of earth materials project” means a project undertaken for the primary purpose of removing earth materials from the ground.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.20 Extended detention {#sec-env-wq-1502.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.20}

“Extended detention” means the temporary storage of a portion of the water quality volume (WQV) when the WQV is greater than the permanent pool storage volume within a stormwater management system.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.22)

N.H. Code Admin. R. Ann. Env-Wq 1502.21 Fill {#sec-env-wq-1502.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.21}

“Fill” as a noun means any earth material or other material that has been deposited or caused to be deposited by human activity.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.19); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.23)

N.H. Code Admin. R. Ann. Env-Wq 1502.22 Filtering practice {#sec-env-wq-1502.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.22}

“Filtering practice” means a method that captures and temporarily stores the water quality volume and passes it through a bed of treatment media, including but not limited to earth material, to remove pollutants from the water.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.20); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.24)

N.H. Code Admin. R. Ann. Env-Wq 1502.23 Forest buffer {#sec-env-wq-1502.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.23}

“Forest buffer” means a wooded area of land with a canopy cover and an undisturbed layer of vegetation covering the natural land surface.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.21); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.25)

N.H. Code Admin. R. Ann. Env-Wq 1502.24 General permit by rule {#sec-env-wq-1502.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.24}

“General permit by rule” means authorization to undertake alteration of terrain activities as specified in Env-Wq 1503.03.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.22); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.26)

N.H. Code Admin. R. Ann. Env-Wq 1502.25 Gravel wetland {#sec-env-wq-1502.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.25}

“Gravel wetland” means a horizontal-flow filtration system that relies on a dense root mat, crushed stone, and a microbe rich environment to treat stormwater.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.23); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.27)

N.H. Code Admin. R. Ann. Env-Wq 1502.26 Groundwater protection areas {#sec-env-wq-1502.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.26}

“Groundwater protection areas” means:

(a) Wellhead protection areas for an active community and non-transient, non-community public water supply wells; and

(b) Areas of groundwater reclassified as GA1 or classified as GA2 pursuant to RSA 485-C and Env-Dw 901 or predecessor rules in Env-Ws 420.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.24); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.28)

N.H. Code Admin. R. Ann. Env-Wq 1502.27 Groundwater recharge volume (GRV) {#sec-env-wq-1502.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.27}

“Groundwater recharge volume (GRV)” means the annual volume of water to be infiltrated at a site subsequent to development.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.25); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.29)

N.H. Code Admin. R. Ann. Env-Wq 1502.28 High-load area {#sec-env-wq-1502.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.28}

“High-load area” means a land use or activity listed in (a) or (b), below, unless a source control plan for the site on which the use or activity occurs demonstrates that there will be no exposure of regulated substances to precipitation or runoff and no release of regulated substances from any portion of the site:

(a) Any land use or activity in which regulated substances are exposed to rainfall or runoff with the exception of areas where the only regulated substance exposed to rainfall or runoff is road salt that has been applied for deicing of pavement on the site; or

(b) Any land use or activity that typically generates higher concentrations of hydrocarbons, metals, or suspended solids than are found in typical stormwater runoff, including but not limited to the following:

(1) Industrial facilities subject to the NPDES Multi-Sector General Permit, not including areas where industrial activities do not occur, such as at office buildings and their associated parking facilities or in drainage areas at the facility where a certification of no exposure pursuant to 40 CFR §122.26(g) will always be possible;

(2) Petroleum storage facilities;

(3) Petroleum dispensing facilities;

(4) Vehicle fueling facilities;

(5) Vehicle service, maintenance, and equipment cleaning facilities;

(6) Fleet storage areas;

(7) Public works storage areas;

(8) Road salt facilities;

(9) Commercial nurseries;

(10) Non-residential facilities having uncoated metal roofs with a slope flatter than 20%;

(11) Facilities with outdoor storage, loading, or unloading of hazardous substances, regardless of the primary use of the facility; and

(12) Facilities subject to chemical inventory under Section 312 of the Superfund Amendments and Reauthorization Act of 1986 (SARA).

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.26); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.30)

N.H. Code Admin. R. Ann. Env-Wq 1502.29 Hydrologic Engineering Centers River Analysis System (HEC-RAS) {#sec-env-wq-1502.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.29}

“Hydrologic Engineering Centers River Analysis System (HEC-RAS)” means a hydraulic modeling program developed by the US Army Corps of Engineers to perform one-dimensional hydraulic calculations for natural and constructed channels, which can be downloaded for free at http://www.hec.usace.army.mil/software/hec%2Dras/.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.27); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.31)

N.H. Code Admin. R. Ann. Env-Wq 1502.30 Impervious cover {#sec-env-wq-1502.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.30}

“Impervious cover” means a structure or a land surface with a low capacity for infiltration, including but not limited to compacted soils with a curve number of 96 or greater, pavement, roofs, roadways, and driveways.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.28); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.32)

N.H. Code Admin. R. Ann. Env-Wq 1502.31 In or on the borders of surface waters of the state {#sec-env-wq-1502.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.31}

“In or on the borders of surface waters of the state” means at or below the high water mark of any surface water, or on any land within such a distance of a surface water that direct or immediate water quality degradation could result from the activities occurring on the land.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.29); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.33)

N.H. Code Admin. R. Ann. Env-Wq 1502.32 Infiltration basin {#sec-env-wq-1502.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.32}

“Infiltration basin” means an in-ground or underground basin to which runoff is discharged that contains water while it percolates into the surrounding soil.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.30); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.34)

N.H. Code Admin. R. Ann. Env-Wq 1502.33 Infiltration trench {#sec-env-wq-1502.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.33}

“Infiltration trench” means an in-ground or underground trench filled with stone to which runoff is either piped directly or flows overland, from which the water percolates into the surrounding soil.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.31); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.35)

N.H. Code Admin. R. Ann. Env-Wq 1502.34 Infiltration practice {#sec-env-wq-1502.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.34}

“Infiltration practice” means a method that captures and temporarily stores the water quality volume in order to allow it to infiltrate into the soil, such as an infiltration basin or infiltration trench.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.32); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.36)

N.H. Code Admin. R. Ann. Env-Wq 1502.35 In-ground basin {#sec-env-wq-1502.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.35}

“In-ground basin” means a basin that is in the ground but open to the atmosphere.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.33); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.37)

N.H. Code Admin. R. Ann. Env-Wq 1502.36 Land surface {#sec-env-wq-1502.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.36}

“Land surface” means the exposed surface of any land area including road surfaces, parking lots, air strips, shopping centers, roofs, and any other surface, whether in a natural or developed state.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.34); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.38)

N.H. Code Admin. R. Ann. Env-Wq 1502.37 Larger plan of development {#sec-env-wq-1502.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.37}

“Larger plan of development” means a project in which:

(a) Different parts of the property or properties are planned to be developed, or actually are developed, in geographical or time-based phases, excluding single family or duplex residential subdivisions in which individual lots will be developed independently of the subdivision’s infrastructure and each other; and

(b) The total area to be disturbed, as determined pursuant to Env-Wq 1503.12, will be:

(1) For properties not within the protected shoreland as defined in RSA 483-B:4, XV, less than 100,000 square feet; or

(2) For properties within the protected shoreland as defined in RSA 483-B:4, XV, less than 50,000 square feet.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.35); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.39)

N.H. Code Admin. R. Ann. Env-Wq 1502.38 Meadow buffer {#sec-env-wq-1502.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.38}

“Meadow buffer” means a land area that has a dense cover of tall grasses or a combination of grasses and shrubs or trees, that is maintained as a meadow.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.36); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.40)

N.H. Code Admin. R. Ann. Env-Wq 1502.39 National Flood Frequency program (NFF) {#sec-env-wq-1502.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.39}

“National Flood Frequency program (NFF)” means a regression equation program developed by US Geological Survey that estimates flood-peak discharges for every state, which can be downloaded for free at http://water.usgs.gov/software/nff.html.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.37); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.41)

N.H. Code Admin. R. Ann. Env-Wq 1502.40 Non-community public water supply well {#sec-env-wq-1502.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.40}

“Non-community public water supply well” means an active well used as a source by a non-community water system as defined in RSA 485:1-a, X.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.38); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.42)

N.H. Code Admin. R. Ann. Env-Wq 1502.41 Non-transient, non-community public water supply well {#sec-env-wq-1502.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.41}

“Non-transient, non-community public water supply well” means an active well used as a source by a non-transient non-community water system as defined in RSA 485:1-a, XI.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.39); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.43)

N.H. Code Admin. R. Ann. Env-Wq 1502.42 Normal agricultural operations {#sec-env-wq-1502.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.42}

“Normal agricultural operations” as used in RSA 485-A:17 and this chapter:

(a) Means those activities that:

(1) Are customary to, and necessary to sustain, an agricultural operation as described in RSA 21:34-a, II;

(2) Are not part of a larger plan of development for a purpose other than agriculture in whole or in part; and

(3) Would not convert more than 20,000 square feet from pervious to impervious cover; and

(b) Does not include the conversion of land to an agricultural use when it was not previously in agricultural use.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.40); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.44)

N.H. Code Admin. R. Ann. Env-Wq 1502.43 Owner {#sec-env-wq-1502.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.43}

“Owner” means the person who holds record title to the property on which the work for which RSA 485-A:17 requires a permit has occurred or is proposed to occur.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.45)

N.H. Code Admin. R. Ann. Env-Wq 1502.44 Permit {#sec-env-wq-1502.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.44}

“Permit”, unless specified otherwise, means a standard alteration of terrain permit or an alteration of terrain permit by notification.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.45 Permit by notification {#sec-env-wq-1502.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.45}

“Permit by notification” means a permit issued in accordance with Env-Wq 1512.05(f).

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.46 Person {#sec-env-wq-1502.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.46}

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

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.47 Pollutant {#sec-env-wq-1502.47 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.47}

“Pollutant” means “waste” as defined by RSA 485-A:2, XVI, including but not limited to sediments, total suspended solids (TSS), phosphorus, nitrogen, metals, pathogens, dissolved substances, floatable debris, and oil and other petroleum products.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.41); ss by #13758, eff 9-28-23 (formerly Env-Wq 1502.48); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.48 Private water supply well {#sec-env-wq-1502.48 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.48}

“Private water supply well” means a water supply well as defined in RSA 482-B:2 that is currently used as a source of water for human consumption and is not a public water supply well.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.42) renumbered by #13758 (formerly Env-Wq 1502.49); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.49 Public water supply well {#sec-env-wq-1502.49 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.49}

“Public water supply well” means an active well used as a source by a public water system.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.43) renumbered by #13758 (formerly Env-Wq 1502.50); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.50 Public water system {#sec-env-wq-1502.50 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.50}

“Public water system” means “public water system” as defined in RSA 485:1-a, XV, as reprinted in Appendix C.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.44) renumbered by #13758 (formerly Env-Wq 1502.51); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.51 Qualified engineer {#sec-env-wq-1502.51 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.51}

“Qualified engineer” means an individual licensed under RSA 310-A to practice as a professional engineer in New Hampshire, who is competent to practice in the area of civil engineering.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.45) renumbered by #13758 (formerly Env-Wq 1502.52); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.52 Receiving waters {#sec-env-wq-1502.52 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.52}

“Receiving waters” means a river, stream, lake, pond, wetland, or any other surface water into which runoff is discharged.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.46) renumbered by #13758 (formerly Env-Wq); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.53 Redevelopment {#sec-env-wq-1502.53 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.53}

“Redevelopment” means to undertake construction on property where development activities occurred more than 10 years prior to the proposed development activities and where the area of existing impervious cover is 60% or greater of the area of the property, including any abutting properties under the control of the property owner.

History

• #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.54 Regulated substance {#sec-env-wq-1502.54 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.54}

“Regulated substance” means “regulated substance” as defined in Env-Wq 401.03(h).

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.47); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.55 Runoff {#sec-env-wq-1502.55 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.55}

“Runoff” means any water on or flowing on or across the land surface.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.48); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.56 Seasonal high water table (SHWT) {#sec-env-wq-1502.56 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.56}

“Seasonal high water table (SHWT)” means the level at which the uppermost soil horizon contains 2% or more distinct or prominent redoximorphic features that increase in percentage with increasing depth.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.49); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.57 Sediment forebay {#sec-env-wq-1502.57 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.57}

“Sediment forebay” means a pool at the inlet end of a treatment structure that allows for initial settling of solids and even distribution of flow.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.50); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.58 Significantly alter the characteristics of the terrain {#sec-env-wq-1502.58 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.58}

“Significantly alter the characteristics of the terrain” means to undertake any activity anywhere in the state that changes or disturbs the terrain so as to impede the natural runoff or create an unnatural runoff. Examples of activities that significantly alter the characteristics of the terrain include, but are not limited to:

(a) Timber harvesting operations as covered by RSA 485-A:17, IV;

(b) Earth moving activities that result in a temporary or permanent disturbance of an area that, over a 10 year period, cumulatively exceeds 100,000 square feet of area or cumulatively exceeds 50,000 square feet of area, as calculated in accordance with Env-Wq 1503.12, if any portion of the disturbance is within the protected shoreland as defined in RSA 483-B:4; or

(c) Earth moving activities within the protected shoreland, except those activities associated with public utility lines and associated structures and facilities, public roads, and public water access facilities, that result in a temporary or permanent disturbance of an area that:

(1) Is more than 2,500 square feet in size;

(2) Any portion is within 50 feet of the reference line, as defined in RSA 483-B:4, XVII;

(3) Is sloped such that runoff is in the direction of the surface water; and

(4) Has an existing average grade of 25% or greater over a distance of 50 feet measured in an upgradient direction from a starting point anywhere within 50 feet of the reference line and the area of disturbance.

History

• #9343, eff 1-1-09; (See Revision Note #2 at chapter heading for Env-Wq 1500); amd by #9817-A, eff 12-1-10; ss by #12342 (formerly Env-Wq 1502.51); ss by #13758, eff 9-28-23; ss by #14079, eff 9-24-24, EXPIRES: 9-24-34; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.59 Site specific permit {#sec-env-wq-1502.59 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.59}

“Site specific permit” means a permit issued by the department pursuant to RSA 485-A:17 under Env-Ws 415 as in effect immediately prior to the 2009 effective date of Env-Wq 1500, equivalent to an alteration of terrain permit.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.52); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.60 Slope {#sec-env-wq-1502.60 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.60}

“Slope” means the incline of a land area expressed as the ratio of horizontal distance to vertical distance.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.53); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.61 Stabilized {#sec-env-wq-1502.61 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.61}

“Stabilized” means in a condition in which the soils on the site will not erode under the conditions of a 10-year storm.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.54); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.62 Standard alteration of terrain permit {#sec-env-wq-1502.62 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.62}

“Standard alteration of terrain permit” means authorization to undertake alteration of terrain activities as specified in Env-Wq 1503.02 that is not a general permit by rule, a timber harvesting permit by rule, or a permit by notification.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.63 Stormwater pond {#sec-env-wq-1502.63 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.63}

“Stormwater pond” means an artificial structure that is designed to capture runoff, which includes a permanent pool of water and which may include extended detention.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.55); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.62)

N.H. Code Admin. R. Ann. Env-Wq 1502.64 Stormwater management system {#sec-env-wq-1502.64 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.64}

“Stormwater management system” means the totality of stormwater treatment practices, stormwater conveyances, and groundwater recharge practices.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.56); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.63)

N.H. Code Admin. R. Ann. Env-Wq 1502.65 Stormwater wetland {#sec-env-wq-1502.65 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.65}

“Stormwater wetland” means a man-made area designed to mimic the ability of a natural wetland to capture and treat runoff, that includes one or more areas of shallow marsh and that also can incorporate one or more small permanent pools, extended detention storage areas, or multi-cell submerged gravel wetlands, or any combination thereof.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.57); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.64)

N.H. Code Admin. R. Ann. Env-Wq 1502.66 Substratum {#sec-env-wq-1502.66 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.66}

“Substratum” means the part of the soil below the layer(s) of the soil profile in which the processes of soil formation are active.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.58); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.65)

N.H. Code Admin. R. Ann. Env-Wq 1502.67 Surface filter {#sec-env-wq-1502.67 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.67}

“Surface filter” means a filtering practice that treats stormwater by settling out larger particles in a sediment chamber and then filtering stormwater through a filter media.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.59); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.66)

N.H. Code Admin. R. Ann. Env-Wq 1502.68 Surface water quality standards (SWQ standards) {#sec-env-wq-1502.68 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.68}

“Surface water quality standards (SWQ standards)” means the combination of designated uses of surface waters and the water quality criteria for such surface waters based upon such uses as described in RSA 485-A:8-12 and Env-Wq 1700.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.73); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.67)

N.H. Code Admin. R. Ann. Env-Wq 1502.69 Surface waters of the state {#sec-env-wq-1502.69 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.69}

“Surface waters of the state” means surface waters of the state as defined in RSA 485-A:2, XIV, as reprinted in Appendix C. For purposes of this chapter, the term does not include the following legally constructed artificial waters:

(a) Bodies of water designed and constructed in uplands in order to manage stormwater runoff; and

(b) Bodies of water that are exempt from permitting pursuant to RSA 482-A:3, IV(b).

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.60); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.68)

N.H. Code Admin. R. Ann. Env-Wq 1502.70 Temporary diversion practice {#sec-env-wq-1502.70 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.70}

“Temporary diversion practice” means a method that directs stormwater runoff away from disturbed, unstabilized land surfaces, such as a trench or channel.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.69)

N.H. Code Admin. R. Ann. Env-Wq 1502.71 Timber harvesting operations {#sec-env-wq-1502.71 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.71}

“Timber harvesting operations” means silviculture activities that have the potential to result in a significant alteration of the characteristics of the terrain, including but not limited to the cutting and removal of forest products, skidding, and the construction of bridges, fords, culverts, roads, and landings. The term does not include the removal of timber or cordwood or other forest products for non-commercial personal use.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.61); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.70)

N.H. Code Admin. R. Ann. Env-Wq 1502.72 Timber harvesting permit by rule {#sec-env-wq-1502.72 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.72}

“Timber harvesting permit by rule” means authorization to undertake timber harvesting operations as specified in Env-Wq 1503.04.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.62); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.71)

N.H. Code Admin. R. Ann. Env-Wq 1502.73 To mine {#sec-env-wq-1502.73 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.73}

“To mine” means to remove usable earth materials by excavating, dredging, blasting, or any other means which significantly alters the characteristics of the terrain or occurs in or on the borders of surface waters of the state.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.63); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1502.72)

N.H. Code Admin. R. Ann. Env-Wq 1502.74 To transport forest products {#sec-env-wq-1502.74 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.74}

“To transport forest products” means to move or convey timber and related products within an area bounded by permanent roadways.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.65); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.75 To undertake construction {#sec-env-wq-1502.75 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.75}

“To undertake construction” means to perform any fabrication of any structure or any appurtenance to a structure, or any activity preliminary to fabricating such structure or appurtenance, such as earth moving, that involves a significant alteration of the characteristics of the terrain or that occurs in or on the borders of surface waters of the state.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.66); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.76 Underground filter {#sec-env-wq-1502.76 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.76}

“Underground filter” means a filtering practice that treats stormwater as it flows through underground settling chambers and filter media.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.67); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.77 Undisturbed cover {#sec-env-wq-1502.77 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.77}

“Undisturbed cover” means a natural land surface whose permeability has not been altered by human activity.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.68); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.78 Vegetated filter strip {#sec-env-wq-1502.78 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.78}

“Vegetated filter strip” means an area of land with natural or planted vegetation designed to receive sheet runoff from up-gradient development.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.69); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.79 Water quality inlet {#sec-env-wq-1502.79 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.79}

“Water quality inlet” means an underground, multi-chambered tank designed to remove sediments from and reduce the amount of floatable solids in runoff.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.70); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.80 Water quality depth {#sec-env-wq-1502.80 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.80}

“Water quality depth” means the depth associated with the water quality volume.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.71); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.81 Water quality flow (WQF) {#sec-env-wq-1502.81 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.81}

“Water quality flow (WQF)” means the peak flow rate associated with the water quality volume.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.72); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.82 Water quality volume (WQV) {#sec-env-wq-1502.82 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.82}

“Water quality volume (WQV)” means the volume of water equivalent to the volume of runoff attributable to the first one inch of rainfall.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.74); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.83 Wellhead protection area (WHPA) {#sec-env-wq-1502.83 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.83}

“Wellhead protection area (WHPA)” means “wellhead protection area” as defined in RSA 485-C:2, XVIII, as reprinted in Appendix C.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.75); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.84 Well production volume {#sec-env-wq-1502.84 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.84}

“Well production volume” means the maximum daily volume produced by or approved for production by a public water supply well and used by the department as the basis for determining the sanitary protective radius for the well.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1502.76); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1502.85 Wildlife food plot {#sec-env-wq-1502.85 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1502.85}

“Wildlife food plot” means a planting of annual or perennial vegetation, including but not limited to grain, grass, legumes, and other flowering plants, managed as a supplementary food source for wildlife on rural land.

History

• #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1503 Permit Requirements

N.H. Code Admin. R. Ann. Env-Wq 1503.01 Applicability {#sec-env-wq-1503.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.01}

The rules in this part relative to application submittal and review shall apply to permit applications and amendment requests, as applicable.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.02 Permit Required {#sec-env-wq-1503.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.02}

(a) Subject to (b), below, no person shall dredge, excavate, place fill, mine, transport forest products, or undertake construction in or on the borders of surface waters of the state and no person shall undertake any activity that will significantly alter the characteristics of the terrain without a general permit by rule, a timber harvesting permit by rule, a permit by notification, or a standard alteration of terrain (AOT) permit obtained in accordance with this chapter.

(b) No permit under this chapter shall be required for normal agricultural operations as defined in Env-Wq 1502.42. If a project includes development that requires an AOT permit and normal agricultural operations that do not need a permit, an application shall be submitted only for the development that requires an AOT permit.

(c) For any project for which an AOT permit is required solely based on the criteria specified in Env-Wq 1502.58(c), the area of disturbance subject to an AOT permit shall be limited to the area of activity that meets the criteria specified in Env-Wq 1502.58(c).

(d) A disturbance shall be considered an unpermitted disturbance if it is not a normal agricultural operation as defined in Env-Wq 1502.42 and does not qualify for a general permit by rule or a timber harvesting permit by rule, and it:

(1) Is not covered by an AOT permit or a site specific permit that remains in effect; or

(2) Is covered by an AOT permit or a site specific permit that remains in effect but is not in accordance with the approved plans and specifications.

(e) Any disturbance for which an AOT permit is required that occurs, in whole or in part, prior to the permit being applied for or obtained shall be considered an unpermitted disturbance for which the person undertaking the work shall file an after-the-fact application as specified in Env-Wq 1503.31.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.03 General Permit by Rule {#sec-env-wq-1503.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.03}

A person shall be deemed to have a general permit by rule to undertake a project in or on the borders of surface waters of the state or that significantly alters the characteristics of the terrain if:

(a) The project is limited to utility work that meets all of the following conditions:

(1) The work is limited to trench excavation for installing, replacing, or repairing utilities, such as sewer, water, closed drainage systems, gas pipes, or telephone or cable wires;

(2) There will be no increase in runoff or discharge and no new discharge location;

(3) The work is done by or at the direction of the entity with responsibility for maintaining the lines for which the work is being done;

(4) The trench is cut and covered within the same working day;

(5) The work is conducted in accordance with Env-Wq 1505.05 relative to temporary methods for stormwater management and erosion and sediment control and Env-Wq 1505.06 relative to cold weather site stabilization, as applicable;

(6) All dewatering work associated with the work is covered under an NPDES permit for construction dewatering activities issued by the U.S. Environmental Protection Agency (EPA), if applicable;

(7) A permit has been obtained pursuant to RSA 482-A prior to any work in areas subject to RSA 482-A jurisdiction; and

(8) Any permit or waiver required under RSA 483-B has been obtained prior to any work in areas subject to RSA 483-B jurisdiction;

(b) The project is limited to asphalt maintenance work that meets all of the following conditions:

(1) The work is limited to replacement of the existing asphalt surface to its existing grade;

(2) The work is limited to the footprint of the existing surface;

(3) There is no change in the existing drainage system; and

(4) If base course gravels are replaced, the base course gravels that are removed are replaced within 72 hours of being removed;

(c) The project is limited to trail work that meets all of the conditions specified in RSA 485-A:17, V, as reprinted in Appendix D;

(d) The project is limited to trail work that meets all of the following conditions:

(1) Subject to (4) and (5), below, the trail work is limited to a disturbed area no more than 30 feet wide;

(2) The project is being implemented by a non-profit organization, municipality, or government entity;

(3) The work is done in accordance with the Best Management Practices For Erosion Control During Trail Maintenance and Construction, NH Trail Construction and Maintenance Manual, published by the New Hampshire department of natural and cultural resources (DNCR), division of parks and recreation, bureau of trails (DNCR-Trails), dated January 2017 (“Trail BMPs”), available as noted in Appendix B;

(4) If the trail is greater than 20 feet wide, an environmental monitor shall:

a. Inspect the project site at least once every 14 days from the start of terrain alteration activities until all terrain alteration activities are completed and the trail is stabilized;

b. In addition to regular bi-weekly inspections, inspect the project once every 7 days during terrain alteration activities in or within 10 feet of a wetland;

c. In addition to regular bi-weekly inspections, inspect the project site during any rain event in which 0.5 inch of precipitation or more falls within a 24 hour period, provided that if the environmental monitor is unable to be present during such a storm, the monitor shall inspect the site within 24 hours of the rain event; and

d. Submit a written report, by a qualified engineer, a CPESC specialist, a certified wetland scientist, or an employee of the DNCR-Trails whose job responsibilities include field inspections to the department, within 24 hours of each inspection that:

1. Describes the progress of the project, including whether all conditions in this section are being met; and

2. Includes photographs of the site that are representative of the project; and

(5) If an environmental monitor is required by (4), above, the trail club or organization undertaking the work retains a copy of the report on-site for review during site inspections by federal, state, or local officials;

(e) The project is limited to changing the land use to an agricultural use or a wildlife food plot, that meets the following conditions:

(1) The work is not part of a larger plan of development for a purpose other than agriculture or a wildlife food plot in whole or in part;

(2) The work will not alter the terrain except as necessary for the removal of vegetation, roots, or stumps, or for temporary impacts associated with activities described in (6), below;

(3) The work is conducted in accordance with Env-Wq 1505.05 relative to temporary methods for stormwater management and erosion and sediment control and Env-Wq 1505.06 relative to cold weather site stabilization, as applicable;

(4) The existing land slope of the proposed disturbed area is less than or equal to 8%. This is calculated using the formula Y = 100CI/A, where:

a. Y = average slope (percent);

b. C = Total length of all contour lines, including any closed contours, within the proposed area of disturbance;

c. I = Contour interval (feet); and

d. A = Proposed area of disturbance (squared feet);

(5) A minimum 50-foot buffer of unaltered, natural vegetation is maintained from the areas of disturbance to surface waters of the state; and

(6) The activities:

a. Would not convert more than 10,000 square feet from pervious to impervious cover; or

b. Are part of a farm conversion plan that has been approved by NRCS, in which case not more than 20,000 square feet may be converted from pervious to impervious cover;

(f) The project does not qualify under (a) through (e), above, but meets all of the following conditions:

(1) The area disturbed, as calculated in accordance with Env-Wq 1503.12, is:

a. Less than 50,000 square feet if any of the area disturbed is within the protected shoreland that is subject to RSA 483-B jurisdiction; or

b. Less than 100,000 square feet in which all disturbed areas are outside the protected shoreland that is subject to RSA 483-B jurisdiction;

(2) The work is not part of a larger plan of development that cumulatively will exceed the applicable limit specified in (1), above;

(3) The work will not significantly alter the characteristics of the terrain as defined in Env-Wq 1502.58(c);

(4) The work is conducted in accordance with Env-Wq 1505.05 relative to temporary methods for stormwater management and erosion and sediment control and Env-Wq 1505.06 relative to cold weather site stabilization, as applicable;

(5) A permit has been obtained pursuant to RSA 482-A prior to any work in areas subject to RSA 482-A jurisdiction; and

(6) Any permit or waiver required under RSA 483-B has been obtained prior to any work in areas subject to RSA 483-B jurisdiction;

(g) The work that requires a permit under Env-Wq 1503.02 also needs to be permitted under RSA 482-A or RSA 483-B and review of the AOT permit application would simply duplicate the review that will occur under the RSA 482-A or RSA 483-B permit application;

(h) The work:

(1) Is limited to establishing temporary access or staging areas for other work being done pursuant to a permit under RSA 482-A; and

(2) Does not exceed the applicable limits of (f)(1) or (3), above;

(i) The work is limited to transporting forest products as defined in Env-Wq 1502.74; or

(j) The work is limited to subsurface explorations needed to assist in the design of a project for which an AOT permit or general permit is required, including but not limited to test boring, test pits, observation wells, soil surveys, and other site characterization work.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.04 Timber Harvesting Permit by Rule {#sec-env-wq-1503.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.04}

A person shall be deemed to have a timber harvesting permit by rule to undertake a timber harvesting operation provided all of the following conditions are met:

(a) The activity is a timber harvesting operation for which a valid New Hampshire department of revenue administration intent to cut permit has been obtained by the property owner(s) or by an agent for the property owner(s);

(b) As specified in RSA 485-A:17, IV, the work is performed in accordance with the Best Management Practices for Erosion Control on Timber Harvest Operations in New Hampshire, 2016, published by the former New Hampshire department of resources and economic development, available as noted in Appendix B;

(c) A permit has been issued or a forestry statutory permit by notification has been confirmed by the department pursuant to RSA 482-A:3 prior to any work in areas in RSA 482-A jurisdiction; and

(d) Timber harvesting roads are not being converted to a non-timber harvesting operational use.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.05 AOT Permit Application Procedures {#sec-env-wq-1503.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.05}

(a) As specified in RSA 485-A:17, I, an application for an AOT permit shall be filed at least 30 days prior to the proposed starting date of the proposed activities, and no activities shall commence without prior approval of the application by the department.

(b) The applicant for an AOT permit shall submit a complete application, as specified in (c), below, to the department at the following address:

DES Water Division

Attn: Alteration of Terrain Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

(c) A complete application shall include:

(1) A completed application form as specified in Env-Wq 1503.06, signed as specified in Env-Wq 1503.10;

(2) The plans and other information specified in Env-Wq 1503.07 and Env-Wq 1503.09, as applicable;

(3) If the applicant has authorized another to act as the applicant’s agent, a copy of the written authorization;

(4) Proof that a copy of the application has been delivered to the governing body of each municipality in which the project is proposed as required by (e), below, and, if required by (f), below, the appropriate local river advisory committee, consisting of:

a. A copy of the certified mail receipt, for each copy that was sent certified mail;

b. A copy of the delivery confirmation, for each copy that was sent via a private delivery service; or

c. A statement signed by the applicant that the copy was delivered in hand, for each copy that was hand-delivered; and

(5) The fee required by RSA 485-A:17, II(a).

(d) The applicant shall obtain an application form:

(1) From the department’s public information center; or

(2) From the department’s website.

(e) The applicant shall send a copy of the application as described in in (c)(1) and (2), above, to the governing body of each municipality in which the proposed project is located prior to filing the application with the department.

(f) If any portion of a project is located within a river corridor of a designated river as defined in RSA 483, the applicant shall send a copy of the application as described in (c)(1) and (2), above, to the appropriate local river advisory committee as follows:

(1) If the applicant is applying for a standard AOT permit, any time prior to filing the application with the department; and

(2) Subject to (g), below, if the applicant is applying for a permit by notification, at least 40 days prior to filing the application with the department.

(g) An applicant for a permit by notification may submit their application before the 40 days in (f)(2), above, has ended if the applicant has:

(1) Received comments from the local river advisory committee and provided a response letter to the local river advisory committee on how the comments were addressed; or

(2) Received written documentation from the local river advisory committee that it supports the application and submits the documentation with their application.

(h) Upon receipt of a complete application for an AOT permit, the department shall send notice to:

(1) Affected municipalities in accordance with RSA 541-A:39; and

(2) If any portion of the project is located within a river corridor of a designated river as defined by RSA 483, to the rivers coordinator as required by RSA 483:12-a.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.06 AOT Permit Application Form {#sec-env-wq-1503.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.06}

The applicant shall complete and submit an “Alteration of Terrain Permit Application” form, NHDES-W-01-003, dated January 2026, available at https://onlineforms.nh.gov?formtag=nhdes-w-01-003.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14351, INTERIM, eff 8-26-25; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1503.07)

N.H. Code Admin. R. Ann. Env-Wq 1503.07 Additional Information Required for AOT Permit Applications {#sec-env-wq-1503.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.07}

The applicant shall submit the following with the completed application form:

(a) A copy of:

(1) The appropriate USGS map at a 1:24,000 scale, equivalent to one inch equals 2,000 feet, with the property boundaries delineated;

(2) The appropriate NRCS county-wide web soil survey map from http://websoilsurvey.nrcs.usda.gov identifying hydrologic soil group with the project watershed delineated; and

(3) The appropriate aerial photograph at a 1:24,000 scale, equivalent to one inch equals 2,000 feet, dated no earlier than 2013, with the property boundaries clearly delineated;

(b) A DataCheck request results letter, dated no later than one year from the date the application form is submitted, from the department providing information on recorded occurrences of threatened and endangered wildlife species;

(c) Photographs with a description of what each photograph is showing, referenced to the project plans, including but not limited to photographs:

(1) Representing the existing conditions of the site;

(2) Showing existing features included in the drainage analysis, such as streams, drainage swales, culvert inlets and outlets, stormwater control measures, and other unique drainage-related features; and

(3) Of the locations where runoff from the site exits, such as streams, ponds, drainage swales, outlet aprons, and other discharge points;

(d) One copy of plans as specified in Env-Wq 1503.11, as applicable for the proposed project, printed on white paper that is 34 to 36 inches wide by 22 to 24 inches high;

(e) For any project that would have an increase in post-development off-site runoff if stormwater control methods were not implemented, the following:

(1) Supporting information to demonstrate that the criteria for protecting water quality stated in Env-Wq 1507.02 will be met;

(2) One copy of the stormwater management report, drainage area plans, and hydrologic soil group plans prepared in accordance with Env-Wq 1504.09; and

(3) An infiltration feasibility report as specified in Env-Wq 1504.13 for each infiltration or filtration practice proposed as part of the stormwater management system and any system that is modeled with infiltration in the stormwater management report;

(f) For projects requiring a detailed development plan as described in Env-Wq 1504.05, one copy of the inspection and maintenance manual prepared in accordance with Env-Wq 1507.07 with, if applicable, any long term maintenance agreements;

(g) For excavation or mining of earth materials projects, a description of the subsurface conditions to the planned depth of excavation, including the elevation of the location of the seasonal high water table (SHWT), as observed and described by a certified soil scientist, or an individual holding a valid permit as a permitted designer as issued by the department’s subsurface systems bureau;

(h) For projects within the protected shoreland as defined in RSA 483-B:4, XV, the reference line, the primary building line located 50 feet from the reference line, and any local setbacks or, if the project is exempt, a statement of the statute or rule that exempts the project from needing a permit under RSA 483-B:5-b;

(i) For projects that involve infiltration of stormwater via subsurface leaching or distribution structures, a completed “Registration And Notification Form For Stormwater Infiltration To Groundwater” if required under Env-Wq 402.33(a)(1) or (c) or under Env-Wq 404 relative to underground injection control, as available at https://onlineforms.nh.gov/Home/0076e106-00d1-4569-a069-24c960616a97;

(j) If the project is within the 100-year floodplain, supplementary information as specified in Env-Wq 1503.09;

(k) If the project is for infrastructure that is within the coastal and great bay region, an attestation that the design addresses projected storm surge, sea-level rise, and precipitation events identified in the “New Hampshire Coastal Flood Risk Summary, Part 1: Science”, August 2019, and “New Hampshire Coastal Flood Risk Summary, Part II: Guidance for Using Scientific Projections”, March 2020, available as noted in Appendix B;

(l) If the applicant is not the property owner, proof that the applicant will have a legal right to undertake the project on the property if a permit is issued to the applicant;

(m) For projects requiring an ecological review in accordance with Env-Wq 1503.08(a), the following shall be submitted:

(1) If the applicant is applying for a standard AOT permit, documentation showing that an ecological review pursuant to Env-C 800 has been requested and a copy of all relevant correspondence with the ecological review section of the department from the date of the DataCheck request results letter, to the date that the AOT permit application is filed;

(2) If the applicant is applying for a permit by notification, documentation showing that the applicant has incorporated into the project design all final conservation measures recommended by the department to assure the project does not appreciably jeopardize the continued existence of threatened and endangered species as defined in Fis 1002.04;

(n) Groundwater recharge volume calculations in accordance with Env-Wq 1504.12;

(o) Completed best management practice worksheets for each proposed stormwater treatment practice, as available at https://onlineforms.nh.gov?formtag=nhdes-w-01-004;

(p) Design calculations for riprap aprons or other energy dissipation methods at stormwater control outlet locations;

(q) If applicable, a report to accompany the hydrologic soil group plans, prepared in accordance with the Society of Soil Scientists of Northern New England (SSSNNE) Special Publication No. 3, Version 7.0, Site-Specific Soil Mapping Standards for New Hampshire and Vermont, July 2021, available as noted in Appendix B; and

(r) If any portion of the project is located within a river corridor of a designated river as defined by RSA 483, the applicant shall submit all communication received by the local river advisory committee regarding the project and the applicant’s response, if one was provided.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13317, eff 12-22-21; ss by #13758, eff 9-28-23; ss by #14351, INTERIM, eff 8-26-25; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1503.08)

N.H. Code Admin. R. Ann. Env-Wq 1503.08 Ecological Review for Protected Species {#sec-env-wq-1503.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.08}

(a) Whenever a DataCheck request results letter indicates documented occurrences of any protected wildlife species, the applicant shall request an ecological review from the department pursuant to Env-C 800 to assure that the project does not appreciably jeopardize the continued existence of threatened and endangered species as defined Fis 1002.04; and

(b) If the department receives evidence of an occurrence of any state- or federally-listed threatened or endangered wildlife species in an area that could be affected by project activities, the department shall refer the project to the ecological review section of the department for a determination as to whether an ecological review pursuant to Env-C 800 is required.

(c) If an ecological review is required pursuant to (b), above, the applicant shall request an ecological review pursuant to Env-C 800 to assure that the project does not appreciably jeopardize the continued existence of threatened and endangered species as defined in Fis 1002.04.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.09 Requirements for Projects with Placement of Fill Within the 100-year Floodplain {#sec-env-wq-1503.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.09}

For all projects with proposed placement of fill within the 100-year floodplain, the applicant shall provide the following with the application:

(a) The following information on the grading plans:

(1) The 100-year floodplain boundary, determined using one of the following methods:

a. In Zone AE, where FEMA has performed detailed studies, the 100-year floodplain boundary shall be determined using FEMA’s 100-year floodplain elevations in combination with detailed topography for the site;

b. In Zone A, along riverine flooding sources, where FEMA has mapped the floodplain by approximate methods, a study to determine the 100-year floodplain shall be performed in accordance with (c) below; or

c. In Zone A, along lacustrine flooding sources, where FEMA has mapped the floodplain by approximate methods, a study to determine the 100-year floodplain shall be performed in accordance with FEMA-265: Managing Floodplain Development in Approximate Zone A Areas, 1995, available as noted in Appendix B.

(2) Compensatory storage locations and volumes necessary to meet all of the following criteria:

a. Located at equal or lower elevations than the fill being placed;

b. Located on the same site;

c. Hydraulically connected to the floodplain; and

d. Within the 100-year floodplain, the total volume of the fill that is proposed to be placed is no greater than the total volume of material that will be removed.

(b) A supplementary report that includes the following:

(1) The total volume of fill in acre-feet that is proposed to be placed within the 100-year floodplain between existing grades and the 100-year flood elevations;

(2) The supporting information used to determine the 100-year floodplain elevations, in accordance with (a)(1), above;

(3) The supporting information used to determine the compensatory storage, in accordance with (a)(2), above; and

(4) For any project where the total fill volume is greater than 0.5 acre-feet or where a bridge or culvert crossing is proposed, the following:

a. The size of the river’s watershed above the project’s furthest downstream boundary;

b. Photographs of the right and left stream banks; and

c. Supporting information used to analyze the impacts of the placement of fill in the floodplain, in accordance with (c), below.

(c) Subject to (d), below, a HEC-RAS analysis and cHECK-RAS analysis check, stamped by a qualified engineer, that includes cross-sections and profiles for the pre- and post-development conditions, completed according to the following:

(1) A minimum of 6 cross-sections that span the entire river and 100-year floodplain shall be surveyed to analyze the project’s effect on flood elevations through the affected reach, where:

a. At least 2 cross-sections are surveyed at the project site in those areas where floodplain encroachment are greatest;

b. At least 2 cross-sections are surveyed upstream of the proposed floodplain fill area with one being located at the upstream property line; and

c. At least 2 cross-sections are surveyed downstream of the proposed floodplain fill area with one being located at the downstream property line;

(2) For projects involving bridges or culverts, or both, a minimum of 6 cross-sections shall be required as follows:

a. At least 3 cross-sections shall be surveyed above each proposed bridge or culvert; and

b. At least 3 cross-sections shall be surveyed below each proposed bridge or culvert; and

(3) The GPS coordinates of the beginning and end points of each of the cross-sections required by (1) and (2), above, in units of degrees, minutes, and seconds of latitude and longitude, with at least 3 decimal places of precision (DDMMSS.sss) and referenced to the North American Datum of 1983 (NAD 83) or its successor;

(4) Flood discharges shall be estimated using the first available method listed below:

a. FEMA Flood Insurance Studies (FIS) covering the proposed project site;

b. Stream gauge data collected by the USGS; or

c. USGS National Flood Frequency (NFF) program for the state of New Hampshire; and

(5) A cHECK-RAS analysis to verify the parameters used in the HEC-RAS hydraulic model;

(d) If the hydraulic model results indicate that the proposed project will raise flood stages on abutting properties or alter flow and sediment transport characteristics in a manner that could adversely affect channel stability and surface water quality, a proposal for compensatory flood storage or conveyance, or both, that is designed to ensure that:

(1) There is no increase in flood stages on abutting properties; and

(2) Flow and sediment transport characteristics will not be affected in a manner which could adversely affect channel stability.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.10 Signatures and Certifications Required {#sec-env-wq-1503.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.10}

(a) Each document that is required by this chapter to be submitted to the department, including but not limited to applications, requests, and reports, shall:

(1) Be signed and dated by:

a. For any document submitted prior to a permit being issued, the applicant or agent; and

b. For any document submitted after a permit has been issued, each permit holder or agent; and

(2) Show the typed or printed name and title, if applicable, of the individual who signed.

(b) Each signature required by (a), above, shall constitute certification by the signer that:

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

(2) The signer understands that the submission of false, incomplete, or misleading information constitutes grounds for the department to:

a. Deny the application;

b. Revoke any permit that is granted based on the information;

c. If the signer is a professional engineer, refer the matter to the board of professional engineers established by RSA 310-A:3; or

d. Undertake any combination of a. through c., above.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.11 Types of Plans Required {#sec-env-wq-1503.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.11}

(a) The applicant shall submit a land conversion erosion and sediment control plan, as specified in Env-Wq 1504.02, for any project that includes only conversion of non-wetlands forest to open land, provided:

(1) There is no change in the surface contours, except as necessary for temporary and permanent erosion controls;

(2) The land conversion is not part of a larger plan of development; and

(3) The project does not involve the construction of gravel roads or impervious cover of more than 10,000 square feet.

(b) For excavation or mining of earth materials projects, the applicant shall submit an excavation, grading, and reclamation plan, as specified in Env-Wq 1504.03.

(c) The applicant shall submit a steep slope erosion and sediment control plan, as specified in Env-Wq 1504.04, for any project that requires an AOT permit based solely on meeting the criteria specified in Env-Wq 1502.58(c).

(d) The applicant shall submit a detailed development plan, as specified in Env-Wq 1504.05, for any project that requires an AOT permit other than one covered by (a), (b), or (c), above.

(e) The applicant shall submit stormwater drainage area plans and hydrologic soil group plans as specified in Env-Wq 1504.09 for any project that would cause additional off-site runoff in the absence of stormwater control methods.

(f) The applicant shall submit a source control plan as specified in Env-Wq 1504.08 for:

(1) Any area that would be a high-load area in the absence of the plan; and

(2) Any commercial parking area with over 1,000 trip ends per day as determined with reference to “Trip Generation Manual”, published by Institute of Transportation Engineers, Washington, D.C., 12th Edition, 2025, available as noted in Appendix B.

(g) For any project that includes privately owned roads or parking lots that might result in a discharge of stormwater to a surface water of the state impaired for chloride, the applicant shall:

(1) Submit a chloride management plan to minimize the discharge of chloride to the surface water of the state; and

(2) Implement the plan if a permit is issued for the project.

(h) For any project for which more than 5,000 cubic yards of blast rock will be generated and there are one or more public or private drinking water supply wells within 2,000 feet of the blasting activities, the applicant shall submit a groundwater monitoring plan to monitor for contamination in nearby water supply wells.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.12 Measurement of Area Disturbed; Inclusion in Plans {#sec-env-wq-1503.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.12}

(a) Subject to (b)-(d), below, for purposes of determining the need for an AOT permit or the amount of the fee required by RSA 485-A:17, the amount of area disturbed shall be the sum of the square footage of all areas proposed to be disturbed as part of the total project, including but not limited to areas associated with:

(1) Roads and communal parking areas;

(2) Permanent stormwater controls;

(3) Temporary and permanent methods for protecting water quality;

(4) Utility installation, including wells and septic systems if applicable;

(5) Temporary stockpiles;

(6) Staging areas;

(7) Borrow areas; and

(8) Foundations and lot grading.

(b) The department shall accept applications with individual lot excluded from the calculation required by (a), above, only if:

(1) The project is a single family or duplex residential subdivision;

(2) Excluding partial or full lot development that is shown on the plans and included in the calculation required by (a), above, no land disturbance on any individual lot will occur until after all other construction activities that receive stormwater from that lot, including drainage infrastructure, have been completed and stabilized; and

(3) No earth moving activities for the purposes of lot development will occur across lot lines at any time during lot development.

(c) For any excavation or mining of earth materials project, any actual or proposed terrain disturbance since May 4, 1981 shall be:

(1) Deemed part of the total project;

(2) Included in the calculation of the amount of area disturbed; and

(3) Shown on the plans submitted for the project.

(d) Subject to (b) and (c), above, the amount of area disturbed shall include any actual or proposed terrain disturbance that occurs on the same property as the proposed project or is part of a larger plan of development:

(1) Within 10 years before the commencement of any terrain alteration activity for the proposed project; and

(2) Within 10 years after the terrain alteration activity for the proposed project ends.

(e) All areas described in (d)(1), above, and any area(s) described in (d)(2), above, that are already identified at the time of the application shall be shown on the plans for the proposed project.

(f) For solar array projects, the amount of area disturbed shall be calculated as the area enclosed by a polygon connecting the outer edges of the entire solar array plus any area of disturbance outside the solar array that meets (a) through (e), above.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.13 AOT Permit Applications: Filing and Processing {#sec-env-wq-1503.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.13}

(a) Within 14 days after the date an application is received, the department shall determine whether the applicant has submitted everything required by Env-Wq 1503.05(c).

(b) If the application contains everything required by Env-Wq 1503.05(c), the department shall assign the application a file number and process the application in accordance with RSA 485-A:17, II-b(a)-(d), subject to RSA 485-A:17, II-b(e)-(g).

(c) Except as provided in (f), below, if the application does not contain everything required by Env-Wq 1503.05(c), the department shall notify the applicant in writing of:

(1) What is missing; and

(2) The deadline for submitting the missing components, established based on the type and volume of the missing component(s).

(d) Upon notifying an applicant that the application does not contain everything required by Env-Wq 1503.05(c), the department shall suspend further processing of the application pending receipt of the information missing from the application.

(e) No portion of the time between the date a notice is provided pursuant to (c), above, or (f), below, and the date the applicant responds shall be included in computing the time limits specified in RSA 485-A:17, II-b or RSA 541-A:29 for processing the application.

(f) The department shall notify the applicant by telephone in lieu of providing a written notice pursuant to (c), above, if:

(1) The anticipated time required of the applicant to supply the missing information is less than the anticipated time required of the department to notify the applicant in writing; and

(2) The department is able to contact the applicant by telephone.

(g) If the department provides notice pursuant to (f), above, the department shall specify in the telephone notice the same information required by (c), above.

(h) If the applicant does not provide the missing information within 14 days of receiving notice per (c) or (f), above, the department shall return the fee to the applicant if it was provided.

(i) If the applicant requests withdrawal of the application, the department shall discontinue review and issue no determination. To proceed with the project, the applicant must submit a new, complete application along with the applicable fee.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.14 Requests for Additional Information {#sec-env-wq-1503.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.14}

(a) If the department determines that the application for a standard alteration of terrain permit is complete but that the information provided is insufficient for the department to determine whether the criteria of Env-Wq 1503.19 have been met, the department shall notify the applicant in writing of the additional information believed by the department to be needed to assess the application.

(b) The notice shall specify:

(1) What information is needed;

(2) The deadline for submitting the information, established based on the type and volume of the information needed;

(3) The provisions of Env-Wq 1503.15 relative to submitting the information; and

(4) The provisions of Env-Wq 1503.17 relative to failing to provide the information.

(c) No portion of the time between the date additional information is requested and the date the applicant responds shall be included in computing any applicable time limits for processing the application.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.15 Response to Notice of Missing Information or Request for Additional Information {#sec-env-wq-1503.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.15}

In responding to any request for additional information under Env-Wq 1503.14 or RSA 485-A:17, II-b(a), the applicant shall:

(a) Specifically identify how each request or comment has been addressed;

(b) If revised plans and specifications are being submitted, call attention to the changes on the revised plans and specifications and add a revision date to each page that has been changed;

(c) Sign the submittal in accordance with Env-Wq 1503.10;

(d) Send a copy of the response, with a cover letter stating the reason(s) for providing the additional information, to all individuals and entities to whom the applicant was required to provide a copy of the initial application;

(e) Provide PDF files with text that is searchable through optical character recognition (OCR):

(1) A copy of all project documents modified in response to any request for additional information in accordance with (b), above, as a separate document(s) from that submitted pursuant to (2), below; and

(2) A copy of the complete application pursuant to Env-Wq 1503.05(c), with all application documents current to reflect any modifications from the original application; and

(f) At the request of the department, provide a paper copy of all project documents modified in response to a request for additional information.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.16 Revisions to Applications {#sec-env-wq-1503.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.16}

(a) Prior to a decision being made on an application, the applicant may substitute a revised plan for the plan submitted with the application only if the revisions do not materially alter the scope or nature of the project.

(b) If a revision proposed by the applicant materially alters the scope or nature of the project, the applicant shall deny the application.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.17 Failure to Provide Information {#sec-env-wq-1503.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.17}

Any applicant who fails to provide the information described in a request for additional information pursuant to Env-Wq 1503.14 shall have their application denied pursuant to Env-Wq 1503.20.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.18 Notice of Opportunity to Comment on AOT Standard Permit Application {#sec-env-wq-1503.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.18}

(a) The notice sent pursuant to Env-Wq 1503.05(h) shall specify the deadline for submission of comments on the application to the department, as follows:

(1) From a municipality, not sooner than 14 days from the date of the notice; and

(2) From the rivers coordinator, not sooner than 40 days from the date of the notice.

(b) The department shall not act on an application for an AOT permit sooner than deadline specified in the notice sent pursuant to (a), above, unless:

(1) Notified prior to the end of that period by the municipality that the municipality supports the application; and

(2) If applicable, notified prior to the end of that period by the rivers coordinator that the proposed activity would not violate a protection measure as specified in RSA 483:12-a or by the local river advisory committee that the local river advisory committee supports the application.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.19 Criteria for Issuance of AOT Permits {#sec-env-wq-1503.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.19}

The department shall not issue an AOT standard permit unless the applicant demonstrates that all of the following criteria are met:

(a) Temporary water quality protection measures in accordance with Env-Wq 1505.05 that are adequate to prevent violations of the surface water quality (SWQ) standards will be used during the construction phase of the proposed activity and maintained until all areas are stabilized;

(b) The permanent methods for protecting water quality proposed in the application meet the requirements of Env-Wq 1507.02 and are adequate to prevent violations of the SWQ standards;

(c) Changes in runoff hydrology, determined in accordance with Env-Wq 1504.09, will be within the limits allowed by Env-Wq 1507.05 and Env-Wq 1507.06;

(d) Cold weather site stabilization measures, as specified in Env-Wq 1505.06, will be implemented as part of the project if applicable;

(e) The project does not use naturally-occurring wetlands to treat or detain stormwater runoff from the proposed development, unless a permit that specifically allows the impacts has been issued pursuant to RSA 482-A;

(f) Pursuant to RSA 485-A:17, II-b(g), there are no pending enforcement actions under RSA 482-A, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44 or of any rule adopted or permit or approval issued pursuant to RSA 482-A, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44 on the property for which the project is proposed;

(g) The project meets the requirements and intent of RSA 430:51-57 and Agr 3800 relative to invasive species;

(h) For any project that requires an ecological review pursuant to Env-Wq 1503.08, the applicant has incorporated into the project design all final conservation measures recommended by the ecological review section of the department to assure the project does not appreciably jeopardize the continued existence of threatened and endangered species as defined in Fis 1002.04;

(i) The applicant has the legal right to undertake the project on the property; and

(j) No reason specified in Env-C 209 exists for denying the permit.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; amd by #12949, EMERGENCY RULE, eff 12-20-19; ss by #13045, eff 6-2-20; ss by #13317, eff 12-22-21; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.20 Issuance or Denial of a Standard AOT Permit {#sec-env-wq-1503.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.20}

(a) The department shall deny the application for a standard AOT permit if:

(1) The applicant does not submit the additional information requested pursuant to Env-Wq 1503.14 before the deadline in the notice or any new deadline established as the result of an approved extension request; or

(2) The criteria specified in Env-Wq 1503.19 are not met.

(b) If the application and supporting information submitted by the applicant demonstrate that the criteria specified in Env-Wq 1503.19 have been met, the department shall issue a standard AOT permit to the applicant.

(c) The approved plans and stormwater management report and documentation contained in the permit application file shall be considered part of the issued AOT permit.

(d) The issued standard AOT permit shall include project-specific conditions as necessary to ensure compliance with the requirements of:

(1) RSA 482-A and Env-Wt 100 through Env-Wt 900 relative to wetlands;

(2) RSA 483-B and Env-Wq 1400 relative to protected shoreland;

(3) RSA 485-A and Env-Wq 1700 relative to surface water quality; and

(4) RSA 485-A, RSA 485-C, and Env-Wq 401 relative to groundwater quality.

(e) If the permit holder’s interest in the property is conditional or contingent, the permit holder shall obtain an enforceable proprietary interest in the property prior to commencing any work under the permit.

(f) Prior to commencing any work under the permit, the permit holder shall submit to the department copies of the recorded documentation for all drainage easements or deed restrictions as required by Env-Wq 1504.07.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.21 Permit Expiration {#sec-env-wq-1503.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.21}

(a) As specified in RSA 485-A:17, II-d, any standard permit or permit by notification issued under the authority of RSA 485-A:17 other than for the ongoing excavation or mining of earth materials shall expire 5 years from the date of issuance, unless the permit is amended to extend the permit duration pursuant to Env-Wq 1503.27.

(b) Any permit condition(s) or other requirement(s) relative to implementing and maintaining permanent methods of protecting water quality shall survive the expiration of the permit and any suspension, revocation, or refusal to renew the permit.

(c) A permit for the ongoing excavation or mining of earth materials shall not expire for the life of the project identified in the permit, provided that the permit holder submits the required updates pursuant to Env-Wq 1503.28.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.22 Deviations from the Approved Plans {#sec-env-wq-1503.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.22}

(a) A permit holder shall construct a project in strict accordance with the approved plan, except as allowed in this section.

(b) Insignificant deviation(s) from the approved plan shall meet the following:

(1) The project as modified will comply with Env-Wq 1507.02 relative to permanent methods of protecting water quality;

(2) The modifications have not and will not result in any changes to wetlands or protected shoreland impacts and will not decrease any buffers required by law or established by a permit or other approval, unless a permit that specifically allows the impacts has been obtained pursuant to RSA 482-A or RSA 483-B, respectively;

(3) The proposed disturbance is within the area originally proposed for disturbance, except as necessitated by (6) through (8), below;

(4) As compared to the project as originally approved, the total impervious area has decreased, remained the same, or increased by the smaller of 5% or 2,500 square feet;

(5) No change is made to a stormwater management system that:

a. Adds, removes, or relocates any treatment practice, pretreatment practice, groundwater recharge practice, or detention structure; or

b. Increases the peak inflow rate to any treatment practice, pretreatment practice, groundwater recharge practice, or detention structure during the 2-year 24-hour storm;

(6) The roadway centerline has not been relocated or has been relocated to no more than 20 feet from the center line of the roadway as originally approved;

(7) The center point of a parking area has not been relocated or has been relocated to no more than 20 feet from the center point of the parking area as originally approved; and

(8) The center point of a structure has not been relocated or has been relocated to no more than 20 feet from the center point of the structure location as originally approved.

(c) Minor deviation(s) from the approved plan shall meet the following:

(1) The project as modified will comply with Env-Wq 1507.02 relative to permanent methods of protecting water quality;

(2) The modifications have not and will not result in any changes to wetlands or protected shoreland impacts and will not decrease any buffers required by law or established by a permit or other approval, unless a permit that specifically allows the impacts has been obtained pursuant to RSA 482-A or RSA 483-B, respectively;

(3) The proposed disturbance, exclusive of any disturbance associated with (6) through (9), below, is not more than 40,000 square feet outside the area of disturbance originally approved;

(4) The total impervious area has not increased from the project as originally approved by more than the smaller of 10% or 10,000 square feet;

(5) A change is made to a stormwater management system but:

a. The change does not add more than one stormwater treatment practice, stormwater conveyance, or groundwater recharge practice; and

b. The peak inflow rate to any component of the existing stormwater management system has not increased from that as originally approved by more than 1 cubic foot per second during the 2-year 24-hour storm;

(6) If the roadway centerline has been relocated, it is no more than 100 feet from the center line of the roadway as originally approved;

(7) If the center point of a parking area has been relocated, it is no more than 100 feet from the center point of the parking area as originally approved;

(8) If the center point of a structure has been relocated, it is no more than 100 feet from the center point of the structure location as originally approved; and

(9) For excavation, grading, and reclamation plans, the footprint originally approved is not expanded more than 50 feet in any direction.

(d) Any change from an approved plan that does not qualify as an insignificant deviation in (b), above, or a minor deviation in (c), above, shall constitute a significant deviation.

(e) Changes that qualify as insignificant deviations shall not require a permit amendment or new permit but shall be identified upon the completion of construction in accordance with Env-Wq 1503.23(b).

(f) The permit holder shall obtain an amended permit, pursuant to Env-Wq 1503.24, prior to making any minor deviations from the approved plans.

(g) The permit holder shall obtain a new permit prior to making any significant deviations from the approved plans.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.23 Notification; Certifications {#sec-env-wq-1503.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.23}

(a) The permit holder or permit holder’s agent shall notify the department in writing prior to commencing any work under the permit.

(b) Upon completion of construction, the permit holder or permit holder’s agent shall submit to the department the following:

(1) A written notice signed as required by Env-Wq 1503.10 by the permit holder and the qualified engineer, if the approved plans and specifications were prepared by a qualified engineer, certifying that the project was constructed in accordance with the approved plans;

(2) The date the project was completed;

(3) If insignificant deviations from the approved plans were made, submit as-built drawings and a description of all deviations from the approved plans that have been stamped by a qualified engineer if the approved plans were stamped by a qualified engineer; and

(4) If any underground detention systems, infiltration systems, or filtering systems were installed, the following for each such system:

a. Representative photographs of the system after completion but prior to being backfilled; and

b. A letter signed by a qualified engineer stating that the individual observed the system prior to the system being backfilled, and that in the engineer’s professional opinion, the system conforms to the approved plans and specifications.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1503.21)

N.H. Code Admin. R. Ann. Env-Wq 1503.24 Permit Amendments {#sec-env-wq-1503.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.24}

(a) Permit holders may request to amend a permit to:

(1) Modify the approved project;

(2) Transfer the permit to another permit holder; and

(3) Request to extend the permit duration.

(b) To apply for an amended permit, the person requesting the amendment shall complete and submit an “Alteration of Terrain Permit Amendment Request” form, NHDES-W-01-001, dated January 2026, available at https://onlineforms.nh.gov?formtag=nhdes-w-01-001, in addition to any information required per Env-Wq 1503.25, Env-Wq 1503.26, or Env-Wq 1503.27.

(c) If the request to amend the permit is approved, the department shall amend the permit as requested and send a copy of the amended permit to the permit holder, the municipality the project is located in, and the LAC, if applicable.

(d) The amendment of a permit shall not subject any provision of the original permit that was not amended to a new appeal period.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.25 Permit Amendment to Modify the Approved Project {#sec-env-wq-1503.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.25}

(a) If the amendment request is to modify the approved project, the applicant shall provide the following information in addition to the form in Env-Wq 1503.24(b):

(1) Send a copy of the complete application for amended permit to each municipality in which the project is proposed;

(2) If any portion of a project is located within a river corridor of a designated river as defined in RSA 483, send a copy of the complete application for amended permit to the rivers coordinator and the appropriate local river advisory committee at the time of filing with the department;

(3) Submit proof that a copy of the complete application for amended permit has been delivered to the governing body of each municipality in which the project is proposed and, if required by (2), above, to the appropriate local river advisory committee, which proof shall consist of:

a. A copy of the certified mail receipt, for each copy that was sent certified mail;

b. A copy of the delivery confirmation, for each copy that was sent via a private delivery service; or

c. A statement signed by the applicant that the copy was delivered in hand, for each copy that was hand-delivered; and

(4) If the revised area of disturbance is outside the area allowed to be disturbed under the original permit, submit a DataCheck request results letter, dated no later than one year from the date the amendment request form is submitted, from the department providing information on recorded occurrences of threatened or endangered species;

(5) Submit revised plans with the changes highlighted;

(6) Submit revised calculations, if applicable; and

(7) Pay the fee required by RSA 485-A:17, II(b).

(b) The amendment request shall be approved if:

(1) All required information is submitted;

(2) The modifications do not rise to the level of significant deviation pursuant to Env-Wq 1503.22(d); and

(3) The project as modified would have been approved originally.

(c) If the department determines that proposed amendments qualify as significant deviations to the approved plans per Env-Wq 1503.22(d), the department shall deny the request for an amended permit and the permit holder shall submit a new application if the permit holder wants to proceed with the project as modified.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.26 Permit Amendment to Transfer the Permit to Another Permit Holder {#sec-env-wq-1503.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.26}

(a) If the amendment request is to transfer an existing permit to a new permit holder, the applicant shall submit proof that the new permit holder will have a legal right to undertake the project on the property in addition to the form in Env-Wq 1503.24(b).

(b) By signing the form required by Env-Wq 1503.24(b), in addition to the certifications in Env-Wq 1503.10:

(1) The transferee certifies that:

a. They have received a copy of the permit and all approved plans and specifications; and

b. They agree to comply with RSA 485-A:17, Env-Wq 1500, the permit, and all conditions contained in the permit, including the requirement for on-going inspection and maintenance of the stormwater management system(s); and

(2) The transferor certifies that:

a. They have provided a copy of the permit and all approved plans and specifications to the transferee; and

b. They are relinquishing all rights to the permit as originally issued.

(c) The amendment request shall be approved if the request is complete.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.27 Permit Amendment to Extend the Permit Duration {#sec-env-wq-1503.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.27}

(a) If the amendment is to extend the permit duration by amending the expiration date, the applicant shall provide the following information in addition to the form in Env-Wq 1503.24(b):

(1) File the written request with the department prior to the expiration of the permit, but no more than 90 days prior to the expiration of the permit.

(2) If any work on the property has been done, submit a report based on an inspection that occurred no more than 30 days prior to the date the permit extension request is submitted by a certified professional erosion and sediment control specialist (CPESC specialist), or a qualified engineer, based on an inspection of the site without snow cover, that contains:

a. A description of the progress of the project, including whether the project as originally proposed and permitted meets all current requirements for such projects and, if not, which requirements are not being met;

b. If any requirements are not being met, an explanation of the corrective actions that will be or are being taken to bring the project into compliance with applicable requirements and the deadline by which such actions will be completed; and

c. Photographs of the site that are representative of the project.

(b) The department shall approve the amendment request if the department determines that:

(1) Allowing extension of the permit will not result in approval of plans that violate any statute or rule, including any stricter requirements that were enacted or adopted subsequent to the initial issuance of the permit;

(2) Surface water quality and groundwater quality will continue to be protected as under the original permit;

(3) The project is proceeding in accordance with the permit, including all plans approved and made part of the permit;

(4) The permit has not been suspended or revoked;

(5) None of the grounds for refusal to renew a license as specified in Env-C 209.03 apply;

(6) If applicable, an inspection report has been completed and submitted as required by (a)(2), above; and

(7) The permit has not previously been extended.

(c) Pursuant to RSA 485-A:17, II-d(g), a previously-extended permit shall only be approved for an additional extension if the criteria in (b)(1) through (5) have been met and the permit holder provides proof that the subdivision plat or site plan associated with the permit has been deemed substantially complete by the governing municipal planning board in accordance with RSA 674:39, II.

(d) If the amendment request is approved, the department shall extend the permit for a reasonable amount of time, but in no case more than 5 years, based on considerations of the amount of work left to be done on the project.

(e) If a request for amendment is to extend the permit duration is not filed in a timely manner or is denied by the department, no work shall be done on the project after the expiration of the permit. In such cases, any person who wishes to continue the project shall submit an application for a new permit that meets current requirements.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.28 Duration of Permits for Excavation or Mining of Earth Materials Projects; Required Updates {#sec-env-wq-1503.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.28}

(a) As specified in RSA 485-A:17, II-e, a permit for an excavation or mining of earth materials project shall not expire for the life of the project identified in the permit, provided that the permit holder submits a written update of the project’s status as specified in (b), below, every 5 years from the date of the permit.

(b) The written update shall:

(1) Include the information and photographs specified in (c), below, and revised plans as specified in (d), below; and

(2) Be signed as specified in Env-Wq 1503.10.

(c) The information and photographs required by (b), above, shall include the following:

(1) The name, mailing address, and daytime telephone number of each permit holder, and, if available, the e-mail address for that permit holder;

(2) If the permit holder is a corporation, partnership, trust, or any other entity, the name, title, mailing address, and daytime telephone number of the individual representing the permit holder, and, if available, the e-mail address of the representative;

(3) If the permit holder is represented by an agent, the name, title, mailing address, and daytime telephone number of the individual representing the permit holder, and, if available, the e-mail address of the agent;

(4) A description of the progress of the project, including whether the project as originally proposed and permitted meets all current requirements for such projects and, if not, which requirements are not being met;

(5) If any applicable requirements are not being met, an explanation of the corrective action(s) that will be or are being taken to bring the project into compliance with applicable requirements and the deadline by which such actions will be completed;

(6) Photographs taken in a period of no snow cover that are representative of existing site conditions, with a description of what each photograph is showing that is referenced to the project plans; and

(7) A schedule for reclamation of any area(s) that have not been reclaimed and have not been active in the last 24 months.

(d) The revised plans required by (b), above, shall show the following:

(1) Existing and proposed contours of the site clearly delineated at 5-foot intervals, created with a computer-aided design software if available;

(2) An outline on the grading plans showing the limits of permitted disturbance and the existing limits;

(3) A delineation of the areas that have been reclaimed;

(4) A delineation of the areas that have not been reclaimed and have not been active in the last 24 months; and

(5) The schedule provided pursuant to (c)(7), above.

(e) If a permit holder fails to submit a written update and revised plans as required by (a), above, the permit shall be subject to suspension or revocation pursuant to Env-Wq 1503.29.

(f) Any permit condition(s) or other requirement(s) relative to implementing and maintaining permanent methods of protecting water quality shall survive any suspension or revocation of the permit.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10 (formerly in Env-Wq 1503.22 and Env-Wq 1503.23); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.29 Suspension or Revocation of Approvals {#sec-env-wq-1503.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.29}

(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 deficiencies can be corrected such that the project conforms to applicable requirements; 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; 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 deficiencies cannot be corrected such that the project conforms 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.

(i) Good cause to suspend or revoke an approval shall include the following:

(1) Information material to the decision to issue the approval 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).

History

• #9343, eff 1-1-09; renumbered by #9817-A (formerly Env-Wq 1503.24); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.30 Appeal {#sec-env-wq-1503.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.30}

(a) Any person aggrieved by a final decision of the department to issue or deny a permit or other approval based on the merits of the application who wishes to appeal the decision shall appeal the decision as a permitting decision to the water council in accordance with RSA 21-O:14 and the water council’s procedural rules, currently Ec-Wtr 200.

(b) Any person aggrieved by a final decision of the department to revoke or refuse to renew a permit based on non-compliance with RSA 485-A:17 or this chapter shall appeal the decision as an enforcement decision to the water council in accordance with RSA 21-O:14 and the water council’s procedural rules, currently Ec-Wtr 200.

History

• #9343, eff 1-1-09; renumbered by #9817-A (formerly Env-Wq 1503.25); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1503.31 After-the-Fact Applications {#sec-env-wq-1503.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1503.31}

(a) Any application received by the department after the work has been initiated or completed shall be subject to:

(1) All requirements that would have applied if the application had been submitted as required by law; and

(2) The additional requirements specified in (c), below.

(b) The department’s acceptance or consideration of an after-the-fact application, or issuance of an after-the-fact permit, shall not in any way limit the exercise of any enforcement authority conferred by law on the department, the attorney general, or any other federal, state, or local authority relative to the work that was done without a permit.

(c) In addition to all information required by Env-Wq 1503 and Env-Wq 1504, an after-the-fact application shall include the following:

(1) An erosion control and stabilization plan prepared by a qualified engineer or CPESC specialist;

(2) If the work is on-going, a construction monitoring plan with inspection reports prepared by a qualified engineer or CPESC specialist;

(3) A current conditions plan that clearly identifies all disturbances and construction that was done without a permit;

(4) A description of all prior disturbances on the property; and

(5) An explanation as to why work was done without a permit.

History

• #9343, eff 1-1-09; renumbered by #9817-A (formerly Env-Wq 1503.26); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1504 Plans and Calculations

N.H. Code Admin. R. Ann. Env-Wq 1504.01 Preparation of Reports and Plans; Scale; Construction Sequence Noted {#sec-env-wq-1504.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.01}

(a) Each permit application shall contain only one cohesive set of plans, such that each sheet has the same orientation or a key plan is provided showing overall sheet layout. Adjacent sheets shall clearly show match lines.

(b) Any plan that depicts property boundaries or other aspects of the practice of land surveying as defined in RSA 310-A:54, IV shall bear the seal of a land surveyor licensed in accordance with RSA 310-A:53-74.

(c) Any plan that depicts the location of wetlands and surface waters of the state and their banks, including perennial and intermittent streams, vernal pools, tidal buffer zones, and designated prime wetlands as identified under RSA 482-A shall bear the seal of a certified wetland scientist (CWS) as defined in RSA 310-A:76, II-a.

(d) If the property does not contain any of the water features described in Env-Wq 1504.06(e), the plans shall include a statement from a CWS that the CWS has investigated the property and no water features were found.

(e) Detailed development plans described in Env-Wq 1504.05, and any other plans that require the practice of engineering as defined in RSA 310-A:2, III shall:

(1) Be prepared by or under the direct supervision of a qualified engineer;

(2) Bear the signature and seal of the qualified engineer who is responsible for them; and

(3) Be dated.

(f) Stormwater management reports, drainage area plans, hydrologic soil group plans, and any other reports or plans that require the practice of engineering as defined in RSA 310-A:2, III shall:

(1) Be prepared by or under the direct supervision of a qualified engineer;

(2) Bear the signature and seal of the qualified engineer who is responsible for them; and

(3) Be dated.

(g) Plans and soil maps shall be at a scale appropriate to clearly depict the information provided, subject to the following:

(1) If a particular scale is specified in the rule for certain information, that scale shall be used for that information; and

(2) If a detail is not drawn to scale, the detail shall clearly so indicate.

(h) The construction sequence and phasing plan showing compliance with Env-Wq 1505.03(d), relative to maximum open area, if applicable, shall be noted on the plans so as to clearly inform the contractor of the construction sequence and any limitations contained therein.

(i) Information to show compliance with Env-Wq 1506.12 relative to temporary stormwater diversion shall be noted on the plans.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.02 Land Conversion Erosion and Sediment Control Plans {#sec-env-wq-1504.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.02}

Land conversion erosion and sediment control plans shall depict the following:

(a) Proposed grading drawn at a scale of one inch equals 100 feet, or at a scale that provides greater detail;

(b) Existing and proposed contours of the site at 5-foot intervals;

(c) The information specified in Env-Wq 1504.06(a) through (m);

(d) Plan notes required by Env-Wq 1504.15 and wildlife protection notes required by Env-Wq 1504.17; and

(e) The signature and seal of the qualified engineer who is responsible for the plans, if required by Env-Wq 1504.01.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.03 Excavation, Grading, and Reclamation Plans {#sec-env-wq-1504.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.03}

Excavation, grading, and reclamation plans shall depict or otherwise include the following:

(a) Proposed grading drawn at a scale of one inch equals 100 feet, or at a scale that provides greater detail;

(b) Existing and proposed contours of the site at 5-foot intervals;

(c) All of the information specified in Env-Wq 1504.06;

(d) Proposed details for site reclamation, including specifications for permanent seeding and any other planned plantings;

(e) Plan notes required by Env-Wq 1504.15, wildlife protection notes required by Env-Wq 1504.17, and, if applicable, blasting notes required by Env-Wq 1504.16; and

(f) The signature and seal of the qualified engineer who is responsible for the plans, if required by Env-Wq 1504.01.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.04 Steep Slope Erosion and Sediment Control Plans {#sec-env-wq-1504.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.04}

Steep slope erosion and sediment control plans shall depict or otherwise include the following:

(a) Proposed grading drawn at a scale of one inch equals 50 feet, or at a scale that provides greater detail;

(b) Existing and proposed final contours at 2-foot intervals or less;

(c) The information specified in Env-Wq 1504.06(a) through (m), as applicable, limited to a distance of 250 feet from the area of activity that meets the criteria of Env-Wq 1502.58(c);

(d) Diversion swales that are incorporated to keep upslope drainage off proposed areas of disturbance;

(e) Plan notes required by Env-Wq 1504.15, wildlife protection notes required by Env-Wq 1504.17 and, if applicable, blasting notes required by Env-Wq 1504.16; and

(f) The signature and seal of the qualified engineer who is responsible for the plans, if required by Env-Wq 1504.01.

History

• #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14079, eff 9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.05 Detailed Development Plans {#sec-env-wq-1504.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.05}

Detailed development plans shall depict or otherwise include the following:

(a) Proposed layout and grading drawn at a scale of one inch equals 50 feet, or at a scale that provides greater detail;

(b) Existing and proposed final contours at 2-foot intervals or less;

(c) All of the information specified in Env-Wq 1504.06;

(d) Plan notes required by Env-Wq 1504.15, wildlife protection notes required by Env-Wq 1504.17, and if applicable, blasting notes required by Env-Wq 1504.16;

(e) The signature and seal of the qualified engineer who is responsible for the plans, as required by Env-Wq 1504.01; and

(f) A plan cover sheet with the title of the project and the most recent revision date.

History

• #9343, eff 1-1-09; renumbered by #9817-A (formerly Env-Wq 1504.04); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.06 Plan Information {#sec-env-wq-1504.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.06}

Plans shall depict or otherwise include the following:

(a) The boundaries of the property on which the project will occur;

(b) For the area of activity and within 250 feet, the following:

(1) All existing or proposed lot lines;

(2) All existing and proposed impervious or otherwise disturbed surfaces, including but not limited to borrow areas, roadways, driveways, parking areas, sidewalks, roofs, and structures, provided that if the applicant does not have survey access to abutting properties or other access to survey information, the information for abutting properties shall be provided using aerial photographs; and

(3) All areas of undisturbed cover that will remain undisturbed;

(c) All areas on the property for which a permit under RSA 485-A:17, I, was or should have been obtained, with identification of the permit by number if a permit was obtained;

(d) The location(s) and type(s) of all existing vegetative cover;

(e) All water features as applicable, including but not limited to:

(1) The direction of water flow;

(2) The maximum high-water mark and usual shorelines;

(3) The reference line as defined by RSA 483-B;

(4) The location of wetlands and surface waters and their banks, including perennial and intermittent streams, vernal pools, tidal buffer zones and designated prime wetlands as identified under RSA 482-A;

(5) The limits of the 100-year floodplain; and

(6) The 0.25-mile designated river limit as identified under RSA 483;

(f) All drinking water supply well sources, whether private or public, with set-backs as specified in Env-Wq 1508.02;

(g) Soil types from NRCS maps, site-specific soil mapping, or as determined by Env-Wq 1504.09(b)(4)d.;

(h) A clear delineation of the total area to be disturbed, including proposed improvements or modifications;

(i) Locations and details of proposed temporary methods for protecting water quality in accordance with Env-Wq 1505.05, including devices and timing of implementation for erosion, sediment, and runoff control, that are adequate to prevent violations of the SWQ standards;

(j) A note requiring fugitive dust to be controlled in accordance with Env-A 1000;

(k) A note requiring the project to meet the requirements and intent of RSA 430:51-57 and Agr 3800 relative to invasive species;

(l) Construction phasing and sequencing that meets the following:

(1) Shows compliance with Env-Wq 1505.05, including but not limited to methods for limiting the length of time that soils remain unstabilized; and

(2) Identifies which single family or duplex residential lots may begin construction prior to completion of the project, so as to comply with Env Wq 1503.12(b);

(m) Proposed cold weather stabilization techniques in accordance with Env-Wq 1505.06, if applicable;

(n) Details, including plan and elevation views, of proposed permanent methods for protecting water quality from degradation due to runoff in accordance with Env-Wq 1507, that are adequate to prevent violations of the SWQ standards;

(o) A complete storm drainage system, including size, slope, and invert elevations of all pipes and culverts, and detention measures;

(p) A note explaining the intended use of the site or, if the intended use is unknown at the time the permit is issued, a note indicating whether or not local zoning allows for high-load uses and acknowledging that if a high-load use is proposed, the property owner or permit holder shall submit a source control plan pursuant to Env-Wq 1504.08 for approval prior to the commencement of operations of a high-load use;

(q) Roadway stations shown every 100 feet;

(r) Plan date and if applicable, any revision dates;

(s) If applicable, existing and proposed drainage easement boundaries and maintenance access easement boundaries for proposed methods for protecting water quality as described in Env-Wq 1507, together with a statement signed by the applicant as specified in Env-Wq 1503.10 that the deeds for all proposed easements will be recorded as required by Env-Wq 1504.07; and

(t) If applicable, the locations of where the blasting is required or anticipated and the site-specific blasting best management practices based on Env-Wq 1510.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.05); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.07 Deed Restrictions; Easements {#sec-env-wq-1504.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.07}

(a) The applicant shall submit prepared written deed restrictions or easements, as applicable, to the department for review whenever the original or amended plans show:

(1) Drainage easement(s) or deed restriction(s) necessary to meet Env-Wq 1503.19, including but not limited to easements established to protect vegetated buffers or to locate stormwater treatment or conveyance systems; or

(2) Maintenance access easement(s).

(b) If a permit is issued based on plans that show one or more proposed easements or deed restrictions, the permit holder shall record the easement(s) and deed restrictions, as applicable, and provide copies of the recorded documents to the department prior to offering any of the property for sale or otherwise developing the property.

History

• #9343, eff 1-1-09; (renumbered by #9817-A (formerly Env-Wq 1504.06); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.08 Source Control Plans {#sec-env-wq-1504.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.08}

(a) A source control plan required by Env-Wq 1503.11(f) shall be designed to:

(1) Minimize the volume of stormwater and runoff that can contact regulated substances; and

(2) Segregate relatively clean stormwater and runoff from stormwater and runoff that has a higher concentration of pollutants.

(b) The owner of a site from which stormwater will discharge that requires an NPDES permit as defined under 40 CFR 122.26 may submit a stormwater pollution prevention plan (SWPPP) to meet the requirements of this section for a source control plan if such SWPPP also identifies:

(1) The location(s) of groundwater protection areas, if any, within 1,000 feet of the site perimeter; and

(2) Procedures and practices to protect groundwater quality.

(c) The source control plan may exclude the items described in (e)(2) through (e)(10), below, if the plan demonstrates that the site is designed in a manner that will prevent the exposure of regulated substances to precipitation or runoff, taking into account the possibility of accidental spills.

(d) The source control plan may exclude the items described in (e)(3) through (e)(10), below, if the plan covers only a commercial parking lot where the only regulated substance exposed to rainfall or runoff is road salt that has been applied for deicing of pavement on the site, provided that snow and ice management will be done by a commercial applicator certified under Env-Wq 2200.

(e) A source control plan shall consist of:

(1) An overview of how source controls, including structural or operational management practices, will prevent or minimize the amount of regulated substances from mixing with clean stormwater;

(2) A plan showing the location(s) of snow storage areas;

(3) A list of regulated substances expected to be present on the site in quantities of 5 gallons or more;

(4) The location(s) of groundwater protection areas, if any, within 1,000 feet of the site perimeter;

(5) A plan depicting the drainage area with exposed regulated substances and the location(s) of stormwater management systems or discharge point(s) serving those areas, including latitude-longitude point(s) of the practice or discharge point(s) to within plus or minus 5 meters of the practice or discharge point;

(6) The location(s) and containment method(s) to be employed for storage of regulated substances;

(7) A plan depicting the location(s) where regulated substances will be handled, including the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product;

(8) A description of spill prevention and control or containment measures;

(9) A list of the phone numbers and mailing addresses of the owner of the facility; and

(10) A program of training to familiarize employees with the plan and to ensure its implementation.

(f) The owner of a site for which a source control plan is required shall:

(1) Update the source control plan as necessary to reflect changes in the storage of regulated substances; and

(2) Submit the updated source control plan to the department within 14 days of the department’s request, if such request is made, to allow the department to review the plan for compliance with the permit conditions related to its implementation.

History

• #9343, eff 1-1-09; renumbered by #9817-A (formerly Env-Wq 1504.07); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.09 Stormwater Management Report; Drainage Area Plans; Hydrologic Soil Group Plans {#sec-env-wq-1504.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.09}

A stormwater management report, associated drainage area plans, and associated hydrologic soil group plans shall include the following:

(a) A narrative with the following information:

(1) A description of the pre-development and post-development conditions affecting drainage;

(2) The total impervious area assumed per lot, as applicable;

(3) A discussion of how the proposed development is likely to impact hydrologically-connected surface waters of the state, and wetlands as defined in RSA 482-A, and other properties;

(4) A comparison between the pre-development peak discharge rates and the post-development peak discharge rates, for the one-year, 2-year, 10-year, and 50-year, 24-hour storms;

(5) A discussion of how treatment criteria will be met in accordance with Env-Wq 1507.03; and

(6) A discussion of how groundwater recharge is met in accordance with Env-Wq 1507.04;

(b) Calculations for pre- and post-construction stormwater drainage, for 24-hour duration storms with minimum return frequencies of once in one year, if applicable, 2 years, 10 years, and 50 years using the NRCS “National Engineering Handbook”, Part 630, Hydrology, March 2020, or Win TR-20, version 3.20.0000, as developed by the NRCS for determining the rate of runoff, both available as noted in Appendix B, subject to the following:

(1) Depth of precipitation shall be determined using either of the following, both available as noted in Appendix B:

a. “Extreme Precipitation in New York and New England”, version 2.0, published by the USDA, NRCS, and Cornell University’s Northeast Regional Climate Center; or

b. NOAA’s National Weather Service, Hydrometeorological Design Studies Center, Precipitation Frequency Data Server;

(2) For projects with infrastructure proposed in the coastal and great bay region, precipitation values used in both the pre-development and post-development analyses shall be increased by 15%, based on either of the methods listed in (1), above;

(3) The time of concentration shall be determined as follows:

a. If using the Lag method for determining the time of concentration, identify the hydraulic length in feet and provide calculations for determining the average land slope in percent for each sub-basin;

b. If using the velocity method for determining the time of concentration, identify the sheet flow path(s), the shallow concentrated flow path(s), and the channel flow path(s) for each sub-basin; and

c. The sheet flow path identified in b. above, shall be limited to 100 feet;

(4) The hydrologic soil group shall be determined as follows:

a. Subject to d below, for proposed areas of disturbance, including lot development that is excluded from the area of disturbance calculation pursuant to Env-Wq 1503.12(b), soil series shall be identified in accordance with the Society of Soil Scientists of Northern New England (SSSNNE) Special Publication No. 3, Version 7.0, Site-Specific Soil Mapping Standards for New Hampshire and Vermont, July 2021, available as noted in Appendix B;

b. For all other areas that contribute runoff to the project site, soil series shall be:

1. Taken from the NRCS county-wide web soil survey at http://websoilsurvey.nrcs.usda.gov; or

2. Identified in accordance with SSSNNE Special Publication No. 3, Version 7.0, Site-Specific Soil Mapping Standards for New Hampshire and Vermont, July 2021, available as noted in Appendix B; and

c. Using the soil series determined in a. or b., above, the hydrologic soil group shall be assigned the equivalent hydrologic soil index determined in accordance with SSSNNE Special Publication No. 5, Ksat Values for New Hampshire Soils, September 2025, as available in Appendix B;

d. For areas of disturbance located over a capped landfill, the hydrologic soil group shall be determined by a qualified engineer or certified soil scientist, based on soil information obtained from the cross-sectional profile of the landfill cap;

(5) The land cover shall be determined as follows:

a. For proposed areas of disturbance, including lot development that is excluded from the area of disturbance pursuant to Env-Wq 1503.12(b), the hydrologic condition for woods, meadows, or pastures shall be assumed to be “good”, as defined by the National Engineering Handbook referenced in (b), above;

b. For lot development that is excluded from the area of disturbance calculation pursuant to Env-Wq 1503.12(b), a minimum area of 4,000 square feet of impervious area and 10,000 square feet of “good” grass as defined by the National Engineering Handbook referenced in (b), above, shall be assumed for each lot;

(6) The curve number shall be determined as follows:

a. Except as specified in (b), below, the curve number for each sub-basin shall be determined using table 2-2a through table 2-2d in TR-55, Urban Hydrology for Small Watersheds, NRCS, June 1986, available as noted in Appendix B.

b. For areas covered by solar panels, a curve number of 98 shall be assigned or a reduced curve number may be calculated in accordance with Env-Wq 1511.05(b) and depicted on a plan in accordance with Env-Wq 1511.05(c).

(7) The storage modeled shall not include void spaces for fill or native soils;

(8) The analysis time span shall be extended to show the time when the stormwater practices modeled have been fully drained or drained down to the designed permanent pool level; and

(9) If the calculations are done using software that provides error messages, warnings, or other such indicators, such as HydroCAD®, a copy of the calculations shall be submitted that shows all error messages, warnings, and other such indicators;

(c) WQV, WQF, and GRV calculations;

(d) Calculations for designing outlet protection;

(e) Drainage area plans for pre- and post-construction that delineate each sub-basin, including off-site areas which flow onto the project area, at a scale for off-site areas of one inch equals 100 feet, or at a scale of one inch equals 2,000 feet if delineated from a USGS map, and at a scale of one inch equals 50 feet for on-site areas, identifying the following:

(1) The location of sub-basins, reaches, ponds, and all points of interest, as modeled in the stormwater management report;

(2) The hydraulic length or time of concentration flow path;

(3) Contours for on-site areas at the same intervals as the plans prepared pursuant to Env-Wq 1504.02 through Env-Wq 1504.05, as applicable, and contours for off-site areas at the same interval or at the intervals on the applicable USGS map;

(4) Roadway station numbering, if applicable; and

(5) Drainage structures such as detention basins, culverts, and treatment practices;

(f) If the plans prepared pursuant to (e), above, for the on-site areas comprise more than 3 sheets at the specified scale, an overview sheet which shows the location of each 50-foot scale sheet and an outline of the area to be impacted by the proposed project;

(g) Hydrologic soil group plans for pre- and post-construction that delineate each sub-basin, including off-site areas which flow onto the project area, identifying the following:

(1) The location of sub-basins, as modeled in the stormwater management report;

(2) The locations of the different soil groups using the following color-coding:

a. Hydrologic soil group A soils shall be shaded green;

b. Hydrologic soil group B soils shall be shaded yellow;

c. Hydrologic soil group C soils shall be shaded orange;

d. Hydrologic soil group D soils shall be shaded red;

e. Open water features shall be shaded blue; and

f. Impervious cover shall be shaded gray;

(3) The map symbol identifying the soil mapped; and

(4) A map legend.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.08); ss by #12342, eff 8-15-17; ss by #13317, eff 12-22-21; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.10 Calculation of Water Quality Volume (WQV) {#sec-env-wq-1504.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.10}

Water quality volume (WQV) shall be calculated using the Unified Sizing Criteria as follows:

(a) For purposes of this section, “P” means the depth of the 90th percentile storm in inches as defined as follows:

(1) For existing impervious areas that are proposed for redevelopment, P shall be 0.3 inches; and

(2) For all other areas P shall be 1.0 inches;

(b) “A” means the total area draining to the design structure;

(c) “I” means the percent impervious area draining to the design structure, in decimal form;

(d) “Rv” means the unit-less runoff coefficient calculated as the sum of 0.05 plus the product of I multiplied by 0.9, as in the formula below:

Rv = 0.05 + (0.9 x I)

(e) To calculate the WQV, the applicant shall multiply the product of Rv and A by P, as shown in the formula below:

WQV = P x A x Rv

History

• #9343, eff 1-1-09; renumbered by #9817-A (formerly Env-Wq 1504.09); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.11 Calculation of Water Quality Flow (WQF) {#sec-env-wq-1504.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.11}

(a) “WQV” means water quality volume calculated in accordance with Env-Wq 1504.10.

(b) “qu” means the unit peak discharge from exhibits 4-II and 4-III of TR-55, Urban Hydrology for Small Watersheds, NRCS, June 1986 (TR-55), available as noted in Appendix B, using the values for P, A, Q, CN, S, and Ia as described in (c) through (h), below.

(c) For purposes of this section, “P”, as used in exhibits 4-II and 4-III of TR-55 and for the calculation of CN in (f), below, means one inch of rainfall, regardless of whether the project involves redevelopment.

(d) “A” as used for the calculation of Q in (e), below, means the total area draining to the design structure.

(e) “Q” as used for the calculation of CN in (f), below, means the water quality depth, calculated as WQV divided by A, as shown in the formula below:

Q = WQV / A

(f) “CN” as used for the calculation of S in (g), below, means the unit peak discharge curve number, calculated by dividing 1000 by the value obtained by adding 10 to 5 times P and adding 10 times Q, and then subtracting 10 times the value obtained by adding Q squared to the product of 1.25 times Q times P and raising the sum to the 0.5 power, as shown in the formula below:

CN = 1000 / (10 + 5P + 10Q – 10 x [Q2 + 1.25 x Q x P] 0.5)

(g) “S” as used for the calculation for Ia in (h), below, means the potential maximum retention in inches, calculated by subtracting 10 from the value obtained by dividing 1000 by CN, as shown in the formula below:

S = (1000 / CN) – 10

(h) “Ia” as used in TR-55 exhibits 4-II and 4-III means the initial abstraction, calculated by multiplying 0.2 by S, as shown in the formula below:

Ia = 0.2 x S

(i) To calculate the WQF, the applicant shall multiply qu by WQV, as shown in the formula below:

WQF = qu x WQV

History

• #9343, eff 1-1-09; renumbered by #9817-A (formerly Env-Wq 1504.10); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.12 Calculation of Groundwater Recharge Volume (GRV) {#sec-env-wq-1504.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.12}

(a) “GRV” means the groundwater recharge volume.

(b) “AI” means the total area of impervious cover that will exist on the site after development minus the area of any impervious cover that existed on the site prior to the development, regardless of whether the existing impervious area was disturbed.

(c) “Rd” means the groundwater recharge depth based on the NRCS hydrologic soil group, as follows, subject to (d), below:

(1) For hydrologic soil group A, the Rd shall be 0.40 inches;

(2) For hydrologic soil group B, the Rd shall be 0.25 inches;

(3) For hydrologic soil group C, the Rd shall be 0.10 inches; and

(4) For hydrologic soil group D, recharge shall not be required.

(d) Where more than one hydrologic soil group is present, a weighted recharge depth shall be computed based on the area of each soil group present.

(e) The applicant shall calculate the GRV by multiplying AI by Rd, as shown in the formula below:

GRV = AI x Rd

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.11); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.13 Infiltration Feasibility Report {#sec-env-wq-1504.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.13}

The infiltration feasibility report required by Env-Wq 1503.07(e)(3) shall contain the following:

(a) The location of the practice;

(b) A description of the existing topography at the location of the practice;

(c) The locations of the test pits which constitute the following required number of test pits or borings:

(1) At least one test pit in each infiltration basin area of less than 2,500 square feet;

(2) At least 2 test pits in each infiltration basin area of 2,500 square feet or greater, with one additional test pit in every 10,000 square feet of infiltration basin area; or

(3) At least one test pit in each infiltration trench with an additional one test pit in every 100 linear feet of trench;

(d) The elevation of the location of the seasonal high water table (SHWT) and bedrock, if within 5 feet below the base of the practice, as observed and described by a certified soil scientist or an individual holding a valid permit as a permitted designer as issued by the department’s subsurface systems bureau;

(e) Profile descriptions written in accordance with the descriptive procedures, terminology, and interpretations found in the Field Book for Describing and Sampling Soils, Version 3.0, NRCS, September 2012, available as noted in Appendix B;

(f) A plan showing the soil series for the soils at the location of the proposed practice and within 100 feet of the area’s perimeter, in accordance with SSSNNE Special Publication No. 3, Version 7.0, Site-Specific Soil Mapping Standards for New Hampshire and Vermont, July 2021, available as noted in Appendix B;

(g) The number and location of test locations, as specified in Env-1504.14(f), and the number of repetitions at each testing location;

(h) The date(s) on which data was collected;

(i) A summary of the design infiltration rate results as determined from Env-Wq 1504.14;

(j) Data sheets for measurements obtained in accordance with the method described in Env-Wq 1504.14(e) that is implemented; and

(k) If the design infiltration rate is for proposed fill soils, the data obtained using the method described in Env-Wq 1504.14(g).

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.12); ss by #12342, eff 8-15-17; ss by #13317, eff 12-22-21; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.14 Calculation of the Design Infiltration Rate {#sec-env-wq-1504.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.14}

(a) The method for determining the design infiltration rate of the soils in which the practice will be placed shall be as follows:

(1) Subject to (b), below, for existing natural soils, the applicant shall use the selected default values as presented in (c), below, or the results from the field measurement method described in (d), below;

(2) For existing manmade soils, the applicant shall use the results from the field measurement method described in (d), below;

(3) For proposed imported fill soils containing not more than 10% soil passing the number 200 sieve, the applicant shall use the results from the testing method described in (g), below, as confirmed after the fill is placed but before the practice is installed by results from the field measurement method described in (d), below; or

(4) For proposed imported fill soils containing 10% soil or more passing the number 200 sieve, the applicant shall use a rate determined by a CPESC specialist, certified soil scientist, professional geologist, qualified engineer, or other qualified professional licensed to practice in the state of New Hampshire and confirmed after the fill is placed by using the field measurement method described in (d), below.

(b) If an infiltration practice used to meet the stormwater treatment requirements in accordance with Env-Wq 1507.03 infiltrates into soil classified as Abenaki, Adams, Agawam, Boscawen, Caesar, Champlain, Colton, Croghan, Deerfield, Haven, Hinckley, Hoosic, Metallak, Quonset, or Warwick, or any combination thereof, the applicant shall use the results from the field measurement method described in (d), below.

(c) The default values for the design infiltration rate shall be as follows:

(1) Using SSSNNE Special Publication No. 5, Ksat Values for New Hampshire Soils, September 2025, available as noted in Appendix B, record the saturated hydraulic conductivity (Ksat) for the lowest Ksat value in the range for the most limiting layer located 0 to 5 feet below the proposed bottom of the practice;

(2) Where more than one soil series is present, compute a weighted Ksat based on the area of each soil series present; and

(3) Multiply the recorded Ksat value by 0.5 and use the result as the default design infiltration rate.

(d) The field measurement method for determining the design infiltration rate shall be as follows:

(1) Using one of the methods as described in (e), below, perform the test the specified number of times in a location and, if the specified number is greater than one, average the results, then move to the next test location and repeat; and

(2) After obtaining an average infiltration rate for each of the requisite number of locations as specified in (f), below, average the results and multiply the result by 0.5 to obtain the design rate.

(e) The Ksat shall be measured by a CPESC, certified soil scientist, professional geologist, qualified engineer, or other qualified professional licensed to practice in the state of New Hampshire, using one of the following:

(1) A Guelph Permeameter, per the manufacturer’s instructions, which shall be done at least 2 additional times, for a minimum of 3 observations in each location;

(2) A Compact Constant Head Permeameter, per the manufacturer’s instructions, which shall be done at least 2 additional times, for a minimum of 3 observations in each location;

(3) A Double Ring Infiltrometer, in accordance with ASTM 3385 standards and using an inner ring that is at least 12 inches in diameter, which shall be done at least one time, for a minimum of one observation in each location;

(4) A Borehole Infiltration test, in accordance with the following protocol:

a. Install a solid 4- to 6-inch diameter by 30-inch long casing to a depth of 24 inches below the proposed bottom of the practice;

b. Remove any smeared soil surfaces and provide a natural soil interface into which water can percolate;

c. Remove all loose material from inside the casing;

d. Fill the casing with water to a depth of 24 inches and allow to pre-soak for 24 hours;

e. After pre-soaking in accordance with d., refill the casing with 24 inches of water and record the drop in water level from the top of the casing at the end of one hour;

f. Divide the drop in water elevation by one hour to obtain the infiltration rate for the given observation;

g. Repeat e. and f., above, at least 3 additional times, for a minimum of 4 observations in each location; and

h. Use the lower of the average of the calculated infiltration rates or the last observation;

(5) A Modified Phillip Dunne Infiltrometer test, in accordance with ASTM D8152-18 standards, July 2022, available as noted in Appendix B, and using an inner ring that is at least 4 inches in diameter, which shall be done at least 2 additional times, for a minimum of 3 observations in each location; or

(6) A Sealed Single-Ring Infiltrometer and Multiple Pressure Head Procedure test, in accordance with ASTM D8550-25 standards, August 2025, available as noted in Appendix B, which shall be done at least 2 additional times, for a minimum of 3 observations in each location, or in accordance with the manufacturer’s instructions, whichever is greater.

(f) The number and location of test locations shall be as follows:

(1) Locate the field tests within the footprint of the proposed practice, sufficiently spaced apart to be representative of the overall conditions;

(2) Conduct the test at the base elevation of the proposed practice;

(3) Subject to (5), below, for infiltration basins, perform:

a. One field test in every 2,500 square feet of infiltration basin area if no manmade soils are present; or

b. One field test in every 1,000 square feet of infiltration basin area for infiltration basins to be located on existing manmade soils; and

(4) Subject to (5), below, for infiltration trenches, perform:

a. One field test in every 100 linear feet of the infiltration trench area if no manmade soils are present; or

b. One field test in every 50 linear feet of the infiltration trench area for infiltration trenches to be located on existing manmade soils.

(5) At least one field test shall be conducted within each distinct soil type present at the location of the proposed infiltration basin or trench.

(g) The method for determining the design infiltration rate for proposed imported fill soils shall be as follows:

(1) Determine the Ksat of the proposed fill in accordance with test methods described in ASTM D-2434-22, “Standard Test Method for Measurement for Coarse-Grained Soils”, April 2022, available as noted in Appendix B; and

(2) Apply a minimum factor of safety by multiplying the representative Ksat by 0.5 and use the result as the design infiltration rate.

(h) Discharge of stormwater into the ground shall be prohibited or restricted in the areas identified in Env-Wq 1507.02(c).

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10 (formerly Env-Wq 1504.32); ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.15 Plan Notes {#sec-env-wq-1504.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.15}

(a) The plans shall include the following erosion and sediment control notes:

(1) “Perimeter controls must be installed prior to earth moving operations.”

(2) “Stormwater treatment ponds and drainage swales must be installed before rough grading the site.”

(3) “Runoff must be directed to temporary practices until stormwater BMPs are stabilized.”

(4) “Basins, ditches and swales must be stabilized prior to directing runoff to them.”

(5) “Roadways and parking areas must be stabilized within 72 hours of achieving finished grade.”

(6) “Cut and fill slopes must be stabilized within 72 hours of achieving finished grade.”

(7) “All areas of unstabilized soil must be stabilized as soon as practicable but no later than 45 days after initial disturbance.”

(8) “Erosion control practices must be inspected at least weekly and after every rain event of 0.5 inch or more.”

(9) “In areas that will not be paved, “stable” means that:

a. A minimum of 85% vegetative cover has been established in a manner that is evenly distributed over the site, with no large areas of bare soil;

b. A minimum of 3 inches of non-erosive material such as stone or riprap has been installed; or

c. Erosion control blankets have been installed in accordance with Env-Wq 1506.03.”

(10) “In areas to be paved, “stable” means that base course gravels meeting the requirements of NHDOT Standard for Road and Bridge Construction, 2016, Item 304.2, available as noted in Appendix B, have been installed.”

(b) Unless a smaller project area of disturbance is proposed or a larger area is allowed under Env-Wq 1505.03(b)(1), the plan shall include the following note: “No more than 5 acres shall be disturbed (not stabilized) at any time.”

(c) The plans also shall include:

(1) Specifications for temporary and permanent seeding; and

(2) If applicable, winter construction notes that reflect the requirements of Env-Wq 1505.06.

(d) If the project includes disturbed land with slopes greater than 5% and the flow path over the sloped area is greater than 300 feet, the following note shall also be included on the plans:

(1) “All areas of unstabilized soil shall be temporarily stabilized in accordance with Env-Wq 1506.01, Env-Wq 1506.02, or Env-Wq 1506.03, whichever applies, as soon as practicable, but no later than 7 days after initial disturbance or prior to any rainfall event that produces 0.5 inch or more of precipitation within a 24-hour period, whichever occurs first.”

(e) For any project with an infiltration basin proposed, the following notes shall be included on the plans:

(1) “Do not traffic exposed soil surface with construction equipment. If feasible, perform excavations with equipment positioned outside the limits of the infiltration system.”

(2) “After the infiltration system area is excavated to the final design elevation, the floor should be deeply tilled with a rotary tiller or disc harrow to restore infiltration rates, followed by a pass with a leveling drag.”

(3) “Do not place infiltration systems into service until the contributing areas have been fully stabilized.”

(f) For any project with a manufactured sediment and erosion control product, the following notes shall be included on the plans, if applicable:

(1) “All manufactured erosion and sediment control products, with the exception of turf reinforcement mats, utilized for, but not limited to, slope protection, runoff diversion, slope interruption, perimeter control, inlet protection, check dams, and sediment traps shall not contain plastic, or multi-filament or monofilament polypropylene netting or mesh with an opening size of greater than 1/8 inches.”

(2) “Turf reinforcement mats shall be covered with soil to prevent exposure of the mats to the surface.”

(g) A note containing more stringent requirements shall be allowed to replace any note specified above.

History

• #12342, eff 8-15-17; ss by #13758, eff 9-28-23 (formerly Env-Wq 1504.16); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.16 Blasting Notes {#sec-env-wq-1504.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.16}

Any plans for a project that will entail blasting shall include the blasting best management practices specified in Env-Wq 1510.

History

• #12342, eff 8-15-17; renumbered by #13758 (formerly Env-Wq 1504.17); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1504.17 Wildlife Protection Notes {#sec-env-wq-1504.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1504.17}

(a) In addition to the requirements of Env-Wq 1504.06, the plans shall also contain the following wildlife protection notes:

(1) All observations of threatened or endangered species on the project site shall be reported immediately to the New Hampshire fish and game department (NHF&G) nongame and endangered wildlife environmental review program by phone at 603-271-2461 and by email at NHFGreview@wildlife.nh.gov, with the email subject line containing the DataCheck request results identification number, the project name, and the term “Wildlife Species Observation”;

(2) Photographs of the observed species and nearby elements of habitat or areas of land disturbance shall be provided to NHF&G in digital format at the above email address for verification, as feasible;

(3) In the event a threatened or endangered species is observed on the project site during the term of the permit, the species shall not be disturbed, handled, or harmed in any way prior to consultation with NHF&G and implementation of corrective actions recommended by NHF&G, if any, to assure the project does not appreciably jeopardize the continued existence of threatened and endangered species as defined in Fis 1002.04; and

(4) The NHF&G, including its employees and authorized agents, shall have access to the property during the term of the permit.

(b) For projects requiring an ecological review in accordance with Env-Wq 1503.08, the plans shall contain a list of all final conservation measures recommended by the department, which shall be complied with as a condition of the AOT permit.

History

• #13317, eff 12-22-21; renumbered by #13758 (formerly Env-Wq 1404.18); ss by #14351, INTERIM, eff 8-26-25; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1505 Requirements to Protect Water Quality During Terrain Alteration Activities

N.H. Code Admin. R. Ann. Env-Wq 1505.01 Water Quality Degradation Prohibited During Terrain Alteration Activities {#sec-env-wq-1505.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1505.01}

No person undertaking any terrain-alteration activity shall cause or contribute to, or allow the activity to cause or contribute to, any violations of the SWQ standards, whether or not a permit is required or obtained for the activity.

History

• #9343, eff 1-1-09; ss by #12342,eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1505.02 Required Construction Practices {#sec-env-wq-1505.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1505.02}

The following construction practices shall apply:

(a) Perimeter controls shall be installed prior to earth moving operations;

(b) Stormwater treatment ponds and drainage swales shall be installed before rough grading the site;

(c) Runoff shall be directed to temporary practices until stormwater BMPs are stabilized;

(d) Basins, ditches, and swales shall be stabilized prior to directing runoff to them; and

(e) Erosion control practices shall be inspected at least weekly and after every rain event of 0.5 inch or more, provided that the inspections shall be conducted by the environmental monitor if one is required pursuant to Env-Wq 1505.03(b).

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1505.03 Limitations on Open Area {#sec-env-wq-1505.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1505.03}

(a) The total area of unstabilized soil shall not exceed 5 acres at any given time, unless a larger area is allowed by (b)(1), below.

(b) An environmental monitor shall be employed to ensure compliance with Env-Wq 1505.01, if any of the following conditions apply, and shall be subject to the requirements in (e) through (g), below:

(1) It is necessary for the total area of unstabilized soil to exceed 5 acres at any given time, as demonstrated by documentation showing that limiting areas of earth cuts and fills to 5 acres or less would unreasonably limit the construction schedule;

(2) The site is within 50 feet of a surface water of the state, or wetlands as defined in RSA 482-A:3, has a grade of 25% or greater, or contains soils having an erodibility factor of 0.4 or greater, or any combination of these; or

(3) Subject to (c) below, the project has disturbed land with slopes that are greater than 5% and the flow path over the slope is greater than 300 feet.

(c) If the applicant installed temporary sediment traps and diversion swales in accordance with Env-Wq 1506.10 and Env-Wq 1506.12, the criteria in (b)(3) shall not apply.

(d) For any project where an environmental monitor is required pursuant to (b), above, the applicant shall submit a construction sequence and phasing plan, developed by a qualified engineer or a CPESC specialist, to demonstrate compliance with Env-Wq 1505;

(e) A third-party environmental monitor shall:

(1) Inspect the project site at least once each week from the start of terrain alteration activities until all terrain alteration activities are completed and the site is stabilized;

(2) In addition to regular weekly inspections, inspect the project site during any rain event in which 0.5 inch of precipitation or more falls within a 24 hour period, provided that if the environmental monitor is unable to be present during such a storm, the monitor shall inspect the site within 24 hours of the rain event;

(3) Submit a written report, stamped by a qualified engineer or a CPESC specialist, to the department within 24 hours of each inspection that:

a. Describes the progress of the project, including whether all conditions of the permit are being met and, if not, which requirements are not being met;

b. If any requirements are not being met, an explanation of the corrective action(s) that will be or are being taken to bring the project into compliance with applicable requirements and the deadline by which such actions will be completed; and

c. Includes photographs of the site that are representative of the project; and

(4) Retain a copy of the report prepared pursuant to (3), above, on-site for review during site inspections by federal, state, and local officials.

(f) Routine inspection frequency may be reduced from once each week to at least once each month if either of the following conditions is met:

(1) Work has been suspended and the entire site is stabilized in accordance with Env-Wq 1505.04; or

(2) Runoff is unlikely because:

a. The ground is frozen or the site is covered with snow or ice; and

b. The project is in an area where frozen conditions are anticipated to continue for more than one month.

(g) The permit holder shall implement any corrective actions recommended by the environmental monitor within 24 hours or the deadline requested in the report required by (e)(3), above, or implement alternative methods to ensure compliance with Env-Wq 1505.01 and Env-Wq 1507.01.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1505.02) ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1505.04 Stabilization {#sec-env-wq-1505.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1505.04}

A site shall be deemed to be stabilized when it is in a condition in which the soils on the site will not erode under the conditions of a 10-year storm, such as but not limited to:

(a) In areas that will not be paved, a minimum of 85% vegetative cover has been established in a manner that is evenly distributed over the site with no large areas of bare soil, a minimum of 3 inches of non-erosive material such as stone or riprap has been installed, or erosion control blankets have been installed in accordance with Env-Wq 1506.03; or

(b) In areas to be paved, base course gravels meeting the gradation requirements of NHDOT Standard Specification for Road and Bridge Construction, March 2016, Table 304-1, Item No. 304.1, 304.2, or 304.3, available as noted in Appendix B, have been installed.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1505.03); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1505.05 Stormwater Management and Erosion and Sediment Control {#sec-env-wq-1505.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1505.05}

The methods described in Env-Wq 1506, and in Env-Wq 1511 for solar arrays, used individually or in combination to meet the requirement of Env-Wq 1505.01, shall be acceptable methods for minimizing pollutant discharges from any terrain-alteration project, including projects that are subject to Env-Wq 1503.03 relative to general permits by rule, from the time that work starts on a project until the site is permanently stabilized, provided that the methods:

(a) Shall be considered as minimum standards, with the more protective requirements applying for projects subject to Env-Wq 1505.03; and

(b) Are implemented in accordance with the individual criteria specified for each method.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1505.04); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1505.06 Cold Weather Site Stabilization {#sec-env-wq-1505.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1505.06}

(a) To adequately protect water quality during cold weather and during spring runoff, the additional stabilization techniques specified in this section shall be employed during the period from October 15 through May 1.

(b) Subject to (c), below, the area of exposed, unstabilized soil shall be:

(1) Limited to one acre; and

(2) Protected against erosion by the methods described in this section prior to any thaw or spring melt event.

(c) The allowable area of exposed soil may be increased if a winter construction plan is developed by a qualified engineer or a CPESC specialist and submitted to the department for approval as a request to waive the one-acre limit.

(d) Subject to (f) and (g), below, all proposed vegetated areas having a slope of less than 15% that do not exhibit a minimum of 85% vegetative growth in a manner that is evenly distributed over the site with no large areas of bare soil by October 15, or that are disturbed after October 15, shall be seeded and covered with 3 to 4 tons of hay or straw mulch per acre secured with anchored netting or tackifier or with at least 2 inches of erosion control mix meeting the criteria of Env-Wq 1506.05(b).

(e) Subject to (f) and (g), below, all proposed vegetated areas having a slope of 15% or greater that do not exhibit a minimum of 85% vegetative growth in a manner that is evenly distributed over the site with no large areas of bare soil by October 15, or that are disturbed after October 15, shall be seeded and covered with a properly installed and anchored erosion control blanket or with at least 4 inches of erosion control mix meeting the criteria of Env-Wq 1506.05(b).

(f) Anchored hay mulch or erosion control mix that meets the criteria of Env-Wq 1506.05(b) shall not be installed over snow greater than one inch in depth.

(g) Erosion control blankets shall not be installed over snow greater than one inch in depth or on frozen ground.

(h) All proposed stabilization in accordance with (d) or (e), above, shall be completed within a day of establishing the grade that is final or that otherwise will exist for more than 5 days.

(i) All ditches or swales that do not exhibit a minimum of 85% vegetative growth in a manner that is evenly distributed over the site with no large areas of bare soil by October 15, or that are disturbed after October 15, shall be stabilized temporarily with stone or erosion control blankets appropriate for the design flow conditions, as determined by the permit holder’s engineering consultant.

(j) After October 15, incomplete road or parking areas where active construction of the road or parking area has stopped for the winter season shall be protected with a minimum 3-inch layer of base course gravels meeting the gradation requirements of NHDOT Standard Specification for Road and Bridge Construction, March 2016, Table 304-1, Item No. 304.1, 304.2, or 304.3, available as noted in Appendix B.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1505.05); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1506 Methods for Erosion and Sediment Control During Terrain Alteration Activities

N.H. Code Admin. R. Ann. Env-Wq 1506.01 Erosion Control Methods: Temporary and Permanent Mulching {#sec-env-wq-1506.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.01}

Mulching shall comply with the following:

(a) Hay and straw mulches shall be anchored with mulch netting or tackifier so that they are not blown away by wind or washed away by flowing water;

(b) Mulch materials shall be selected based upon soils, slope, flow conditions, and time of year;

(c) Hay or straw mulch shall be applied at a rate of 1.5 to 2 tons per acre, equivalent to 70 to 90 pounds per 1,000 square feet;

(d) Wood chips or ground bark shall be applied at 2 to 6 inches deep at a rate of 10 to 20 tons per acre, equivalent to 460 to 920 pounds per 1,000 square feet;

(e) Jute and fibrous mats and wood excelsior shall be installed according to the applicable manufacturer’s instructions; and

(f) Erosion control mix shall:

(1) Meet the criteria of Env-Wq 1506.05(b); and

(2) Be placed at a thickness of 2 inches or more.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.02 Erosion Control Methods: Vegetation {#sec-env-wq-1506.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.02}

Vegetating disturbed areas shall be completed only as specified below:

(a) Stones and trash shall be removed from the area to be seeded so as not to interfere with the seeding;

(b) On slopes 4:1 or steeper, final preparation of the area to be seeded shall include creating grooves in the soil perpendicular to the direction of the slope to catch seed and reduce runoff;

(c) If needed to ensure growth, fertilizer or other organic soil amendments shall be applied during the growing season;

(d) Fertilizer applied to any area within 100 feet of any river, stream, pond, or lake shall be low phosphate, slow release nitrogen fertilizer only;

(e) Fertilizer applied to any area that is subject to RSA 483-B, the Comprehensive Water Quality Protection Act (Act), shall meet or be more protective of water quality than the minimum standards of the Act;

(f) Runoff shall be diverted from the seeded area;

(g) Subject to (h), below, seeding shall occur prior to September 15th of the year in which the area being seeded was disturbed;

(h) Areas seeded between May 15th to August 15th shall be covered with hay or straw mulch meeting the criteria of Env-Wq 1506.01(a) through (c); and

(i) If vegetated growth covering at least 85% of the disturbed area, distributed evenly over the site with no large areas of bare soil, is not achieved prior to October 15th, one or more additional erosion control methods shall be implemented.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.03 Erosion Control Methods: Temporary Erosion Control Blankets {#sec-env-wq-1506.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.03}

Erosion control blankets shall comply with the following:

(a) Stones and trash shall be removed from the area to be seeded so as not to interfere with seeding; and

(b) Blankets shall be:

(1) Placed within 24 hours after sowing seed in the area being covered;

(2) Laid loosely over the soils, maintaining contact with the soil, and not stretched; and

(3) Installed per the manufacturer’s specifications and the following, even if not in the manufacturer’s instructions:

a. Blankets shall be anchored at the top of the slope in a trench; and

b. Blankets shall be unrolled in the direction of the water flow, overlapping the edges and stapling.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.04 Sediment Control Methods: Silt Fences {#sec-env-wq-1506.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.04}

The use of silt fences shall comply with the following:

(a) Fences shall be used in areas where erosion will occur only in the form of sheet erosion and there is no concentration of water in a channel or other drainage way above the fence;

(b) The maximum contributing drainage area above the fence shall be less than ¼-acre per 100 linear feet of fence;

(c) The maximum length of the slope above the fence shall be 100 feet;

(d) The maximum slope of the area above the fence shall be 2:1;

(e) Fences shall be installed as follows:

(1) Fences shall follow the contour of the land as closely as possible;

(2) The ends of the fence shall be flared up-slope;

(3) The base of the fence shall be:

a. Folded such that not less than 4 inches of the fence is placed along the bottom of a trench that is excavated at least 4 inches deep into the ground, with the soil compacted over the embedded fabric; or

b. If site conditions include frozen ground, ledge, or the presence of heavy roots, embedded in a minimum thickness of 8 inches of ¾-inch stone;

(4) Support posts shall be sized and anchored according to the manufacturer’s instructions; and

(5) Adjoining sections of the fence shall be overlapped by 6 inches, folded and stapled to a support post;

(f) Fences shall be inspected and maintained immediately after each rainfall and at least daily during prolonged rainfall; and

(g) Sediment that accumulates at the fence shall be removed with sufficient frequency to prevent the depth of the sediment from reaching one-third the height of the fence.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.05 Sediment Control Methods: Erosion Control Mix (ECM); ECM Berms {#sec-env-wq-1506.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.05}

(a) Erosion control mix berms shall be:

(1) Used only in areas where erosion will occur in the form of sheet erosion only and there is no concentration of water in a channel or other drainage way above the berm;

(2) Installed following the contour of the land as closely as possible;

(3) Used only if the area upslope of the berm has a slope of less than 5%; and

(4) At least 12 inches high and at least 2 feet wide.

(b) Erosion control mix shall:

(1) Have an organic portion between 25% and 65%, dry weight basis that is:

a. Fibrous and elongated such as from shredded bark, stump grindings, composted bark, or equivalent manufactured products; and

b. Not comprised of wood chips, bark chips, ground construction debris, or reprocessed wood products;

(2) Not contain silts, clays, or fine sands;

(3) Have a particle size by weight of 100% passing a 3-inch screen, 90% to 100% passing a 1-inch screen, 70% to 100% passing a 0.75-inch screen, and 30% to 75% passing a 0.25-inch screen; and

(4) Have a pH between 5.0 and 8.0.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.06 Sediment Control Methods: Straw or Hay Bale Barriers {#sec-env-wq-1506.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.06}

Straw or hay bale barriers shall be used only as follows:

(a) The barriers shall be used in areas where erosion will occur only in the form of sheet erosion and there is no concentration of water in a channel or other drainage way above the barrier;

(b) The maximum contributing drainage area above the barrier shall be less than 0.25 acre per 100 linear feet of barrier;

(c) The maximum length of the slope above the barrier shall be 100 feet;

(d) The maximum slope of the area above the barrier shall be 2:1;

(e) The barriers shall be installed as follows:

(1) The barriers shall follow the contour of the land as closely as possible;

(2) The ends of the barrier shall be flared up slope;

(3) The bale ends shall be tightly adjoined;

(4) Each bale shall be embedded at least 4 inches into the ground; and

(5) A minimum of 2 anchoring stakes per bale shall be used, with all stakes penetrating at least 18 inches into the ground;

(f) The barriers shall be inspected and maintained immediately after each rain event and at least daily during prolonged rain events; and

(g) Sediment that accumulates at the barriers shall be removed with sufficient frequency to prevent the depth of the sediment from reaching one-third the height of the barrier.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.07 Sediment Control Methods: Temporary Check Dams {#sec-env-wq-1506.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.07}

Temporary check dams shall comply with the following:

(a) The maximum contributing drainage area to the dam shall be less than one acre;

(b) The maximum height of the dam shall be 2 feet;

(c) The center of the dam shall be at least 6 inches lower than the outer edges;

(d) The maximum spacing between the dams shall be such that the toe of the upstream dam is at the same elevation as the overflow elevation of the downstream dam;

(e) The dam shall not be used in a flowing stream;

(f) The dams shall be checked after each rainfall and at least daily during prolonged rainfall and necessary repairs shall be made immediately;

(g) Hay bale check dams shall be embedded into the ground at least 4 inches but no more than 6 inches;

(h) Stone check dams shall be constructed of a well-graded angular 2-inch to 3-inch stone; and

(i) Timber check dams shall be constructed of 4-inch to 6-inch logs and embedded at least 18 inches deep into the soil.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.08 Sediment Control Methods: Temporary Catch Basin Inlet Protection {#sec-env-wq-1506.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.08}

Temporary catch basin inlet protection measures shall comply with the following:

(a) The maximum contributing drainage area to the trap shall be less than one acre;

(b) If hay bales are used, the following requirements also shall be met:

(1) The bale ends shall be tightly adjoined;

(2) Each bale shall be embedded at least 4 inches into the ground; and

(3) A minimum of 2 anchoring stakes per bale shall be used, penetrating at least 18 inches into the ground.

(c) If a gravel and wire mesh filter is used, the following requirements shall be met:

(1) The wire mesh shall be placed over the drop inlet so that the entire opening and a minimum of 12 inches around the opening are covered by the mesh;

(2) The wire mesh shall be hardware cloth or wire with openings up to one half inch;

(3) The gravel filter shall be clean coarse aggregate;

(4) The gravel shall be at least 18 inches on all sides of the drain opening; and

(5) The gravel shall be at least 12 inches in depth.

(d) If a concrete block and gravel drop inlet sediment filter is used, the following requirements shall be met:

(1) The blocks shall be placed lengthwise in a single row around the perimeter of the inlet;

(2) The block ends shall abut one another;

(3) A hardware cloth or wire mesh shall be placed over the openings of the concrete blocks and extend at least 12 inches around the opening to prevent aggregate from being transported through the openings in the blocks;

(4) The gravel filter shall be clean coarse aggregate;

(5) The gravel shall be placed against and along the outside edges of the blocks; and

(6) The gravel filter shall be a minimum of 12 inches high and no more than 24 inches high.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.09 Sediment Control Methods: Temporary Construction Exits {#sec-env-wq-1506.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.09}

Temporary construction exits, also called anti-tracking pads, shall be used only as follows:

(a) The minimum stone used shall be 3-inch crushed stone;

(b) The minimum length of the pad shall be 75 feet, except that the minimum length may be reduced to 50 feet if a 3-inch to 6-inch high berm is installed at the entrance of the project site;

(c) The pad shall extend the full width of the construction access road or 10 feet, whichever is greater;

(d) The pad shall slope away from the existing roadway;

(e) The pad shall be at least 6 inches thick;

(f) A geotextile filter fabric shall be placed between the stone pad and the earth surface below the pad; and

(g) The pad shall be maintained or replaced when mud and soil particles clog the voids in the stone such that mud and soil particles are tracked off-site.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.10 Sediment Control Methods: Temporary Sediment Trap {#sec-env-wq-1506.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.10}

Temporary sediment traps shall comply with the following:

(a) The trap shall be installed as close to the disturbed area or source of sediment as possible;

(b) The maximum contributing drainage area to the trap shall be less than 5 acres;

(c) The minimum volume of the trap shall be 3,600 cubic feet of storage for each acre of drainage area or the calculated volume of runoff from a 2-year, 24-hour storm;

(d) The side slopes of the trap shall be 3:1 or flatter, and shall be stabilized immediately after their construction;

(e) The outlet of the trap shall be a minimum of one foot below the crest of the trap and shall discharge to a stabilized area;

(f) The trap shall be cleaned when 50% of the original volume is filled; and

(g) The materials removed from the trap shall be properly disposed of and stabilized.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.11 Sediment Control Methods: Construction Dewatering {#sec-env-wq-1506.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.11}

Dewatering shall comply with the following:

(a) The discharge shall be stopped immediately if the receiving area shows any sign of instability or erosion;

(b) All channels, swales, and ditches dug for discharging water from the excavated area shall be stable prior to directing discharge to them;

(c) If a construction equipment bucket is used, it shall empty the material to a stable area;

(d) No dewatering shall occur during periods of intense, heavy rain;

(e) Flow to the sediment removal structure shall not exceed the structure’s capacity to settle and filter flow or its volume capacity; and

(f) Wherever possible, the discharge from the sediment removal structure shall drain to a well-vegetated buffer by sheet flow while maximizing the distance to the nearest water resource and minimizing the slope of the buffer area.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.12 Sediment Control Methods: Temporary Stormwater Diversion {#sec-env-wq-1506.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.12}

Temporary stormwater diversion shall comply with the following:

(a) When necessary to minimize release of sediment-laden runoff prior to stabilization of the site and the permanent stormwater management system components, sediment-laden water shall be diverted and stored in temporary diversion practices such as sediment basins or trenches;

(b) Subject to (c), below, temporary diversion practices shall be stabilized prior to receiving runoff;

(c) Temporary diversion channels with a gradient of 2% or greater shall be stabilized. However, channels with a slope of less than 2% shall be stabilized only if erosion is observed;

(d) The area draining to each temporary diversion practice shall be less than 5 acres;

(e) Temporary diversion channels shall convey, and temporary basins and trenches shall contain, the 2-year, 24 hour design storm without overtopping the banks;

(f) The bed slope of diversion channels shall have a positive grade to assure drainage;

(g) Where diversions carry concentrated flows, energy dissipation methods shall be implemented to disperse flow into areas downstream of the disturbed area;

(h) If erosion of temporary diversion practices occurs during construction, corrective action shall be taken to stabilize the basin, channel, and berm; and

(i) Diversion basins and trenches shall be cleared of sediment whenever sediment accumulates.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.13 Sediment Control Methods: Flocculants {#sec-env-wq-1506.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.13}

(a) Flocculants shall only be used as specified in this section.

(b) Flocculants shall not be applied directly to or within 100 feet of any surface water of the state unless specifically approved by the department in writing in accordance with this section.

(c) The department shall not approve the use of flocculants unless the person requesting approval demonstrates that due to the presence of on-site clay colloidal particles, other erosion control measures, alone or in combination, will not be sufficient to prevent turbidity violations and sedimentation in downstream receiving waters.

(d) Sites shall be stabilized as soon as possible using conventional measures to minimize the need to use flocculants.

(e) A request for approval to use flocculants shall be submitted as soon as the need for such use is anticipated, whether with an application, while an application is pending, or after a permit has been issued.

(f) The applicant or permit holder, as applicable, shall submit the following for each type of flocculent proposed:

(1) Manufacturer’s name;

(2) Product name;

(3) Material safety data sheets (MSDS) for the product;

(4) The results of chronic and acute toxicity testing of the product conducted in accordance with Env-Wq 1706.01 for wastewater;

(5) Proof from the manufacturer that the flocculants are anionic and certified for compliance with ANSI/NSF Standard 60 drinking water treatment standards;

(6) Certification by the applicant or permit holder, as applicable, that:

a. All proposed flocculants are the same as those used in the toxicity tests and will not be altered in any way for the project; and

b. No additional chemicals are needed or will be used to enhance performance of the flocculent;

(7) An explanation as to why conventional erosion control measures, alone or in combination, will not be sufficient to prevent turbidity violations and sedimentation in downstream receiving waters;

(8) A flocculant application plan as specified in (g), below, prepared in consultation with the flocculant manufacturer or authorized manufacturer’s representative; and

(9) A water quality sampling plan as specified in (i), below, for all discharges treated with flocculants and all surface waters of the state receiving such discharges.

(g) The flocculant application plan required by (f)(8), above, shall include the following:

(1) A plan of the project showing where the flocculant will be applied and the name, location, and distance to all surface waters of the state immediately downstream that might receive discharge from areas treated with flocculants;

(2) The expected start and end dates for using flocculants, including a schedule and list of measures which will be taken to stabilize the site as soon as possible using conventional stabilization practices;

(3) Test results for representative soils from the site, and recommendations from the manufacturer based on the soil tests, indicating the type of flocculant and the recommended application rate;

(4) Frequency, method, and rates of application designed to ensure that flocculant concentrations will not exceed 50% of the IC25 or NOEC value, whichever is less, for the flocculant product used;

(5) Frequency of inspection and maintenance of the flocculant application system; and

(6) Method for the collection, removal, and disposal or stabilization of flocculated particles to prevent resuspension.

(h) Flocculant application systems shall be operated, inspected, and maintained only by qualified personnel with experience in the use of the type of system(s) being used.

(i) The water quality sampling plan required by (f)(9), above, shall include the following:

(1) At least 3 proposed water quality sample locations for each discharge and each receiving water, at least one of which shall be to establish background concentrations in the receiving water;

(2) The latitude and longitude of each sampling location in degrees, minutes, and seconds, with at least 3 decimal places of precision (DDMMSS.sss) and referenced to the North American Datum of 1983 (NAD 83) or its successor;

(3) For each piece of equipment used for water quality testing, the make, model, and accuracy of the equipment, subject to the following:

a. Turbidimeters shall have an accuracy of 0.05 or +/-2%, whichever is greater, for readings below 100 NTUs and +/- 3% above 100 NTUs; and

b. pH meters shall have an accuracy of +/- 0.2 pH units;

(4) Standard procedures for calibration and quality assurance;

(5) A sampling plan that meets the requirements of (j), below;

(6) A copy of the field data sheet that will be used that accommodates the collection of all data specified in (k), below;

(7) Contact information for each individual who will be conducting water quality sampling, including name, mailing address, and daytime telephone number, and, if available, an email address and fax number; and

(8) The qualifications of each individual who will be conducting water quality sampling.

(j) The sampling plan required by (i)(5) shall require the following:

(1) All water quality sampling shall be conducted by qualified personnel with experience in water quality testing and analysis;

(2) For all parameters, one duplicate sample shall be taken as a quality control measure for every 10 samples taken;

(3) Unless otherwise approved by the department based on site-specific conditions, sampling for pH and turbidity shall be conducted:

a. In at least one stormwater discharge location prior to the application of flocculants;

b. In all treated discharges that discharge to a surface water of the state at a point downstream of the area where flocculant has been applied but upstream of the receiving water;

c. In each receiving water at a point upstream of the area of the application of flocculants and at a point approximately 100 feet downstream of the confluence of the treated discharge and the receiving water;

d. For all wet weather events that produce a discharge; and

e. Every hour for the first 2 hours once a discharge commences, every 2 hours for the next 6 hours and every 8 hours thereafter until the discharge has ceased; and

(4) Information shall be provided regarding how the concentration of flocculant will be measured in each discharge that discharges to a surface water of the state to ensure that toxicity concentrations are not exceeded. If a surrogate parameter such as turbidity is proposed to meet this requirement, data shall be provided showing the relationship between the surrogate parameter concentration and the concentration of flocculant in the surface water.

(k) Sampling results shall include the date, time, sample location, value of the results, applicable water quality criteria, a summary of any violation(s) and actions taken to correct the violation(s).

(l) Whenever flocculants are used and a discharge occurs, the permit holder shall submit a summary report to the department on a weekly basis that includes the following:

(1) The type and quantity of flocculant used;

(2) The date, duration of discharge, and estimated discharge rate;

(3) The total volume of water treated;

(4) The concentration of flocculant in the discharge, with supporting calculations; and

(5) A comparison of the amount of flocculant used to that which was originally proposed in the approved flocculant application plan and an explanation for any deviations from the plan.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1506.12); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1506.14 Other Erosion and Sediment Control Methods {#sec-env-wq-1506.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1506.14}

Other erosion and sediment control methods shall be approved by the department if the applicant can demonstrate that the proposed method will control erosion to at least the same extent as the other methods listed in Env-Wq 1506.01 through Env-Wq 1506.13.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1506.13); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1507 Requirements for Permanent Methods for Protecting Water Quality

N.H. Code Admin. R. Ann. Env-Wq 1507.01 Water Quality Degradation Prohibited After Terrain Alteration Completed {#sec-env-wq-1507.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1507.01}

No person who has undertaken any terrain-alteration activity shall allow the completed project to cause or contribute to any violations of the SWQ standards, whether or not a permit was required or obtained for the activity.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1507.02 Criteria for Permanent Methods for Protecting Water Quality {#sec-env-wq-1507.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1507.02}

(a) Permanent methods for protecting water quality, including all stormwater management practices, shall be designed to:

(1) Minimize the discharge of pollutants in accordance with Env-Wq 1507.03;

(2) Recharge groundwater in accordance with Env-Wq 1507.04;

(3) Protect channels in accordance with Env-Wq 1507.05;

(4) Control peak runoff rates in accordance with Env-Wq 1507.06; and

(5) Implement long term maintenance practices in accordance with Env-Wq 1507.07.

(b) No component of a stormwater management system shall be:

(1) Constructed below the elevation of the 10 year floodplain for any project within the 100-year floodplain;

(2) Located in an area of RSA 482-A jurisdiction, unless a permit that specifically allows the proposed impacts has been issued pursuant to RSA 482-A and Env-Wt 100 through Env-Wt 900; or

(3) Located on lots in single family or duplex residential subdivision for the purpose of meeting Env-Wq 1503.19(b) or (c), unless the construction of the stormwater management practice is included as part of the permit and the practice is protected with an easement or deed restriction pursuant to Env-Wq 1504.07.

(c) Except as provided in (e) and (f), below, and any practice-specific requirement or exception, no stormwater management practice described in Env-Wq 1508 shall:

(1) Receive stormwater from a high-load area, including but not limited to groundwater protection areas where the stormwater comes from one or more areas where petroleum products are dispensed or otherwise transferred for commercial or industrial purposes;

(2) Receive stormwater from areas where the soil contains contamination, as defined in Env-Or 602.07, at levels greater than the soil remediation criteria of Env-Or 606.19;

(3) Discharge stormwater into the ground where the groundwater contains contamination at levels greater than the ambient groundwater quality standards established in Env-Or 603.03;

(4) Discharge stormwater where the soil contains contamination at levels greater than the soil remediation criteria of Env-Or 606.19; or

(5) Discharge stormwater into areas with slopes greater than 15%, unless calculations are provided demonstrating that resulting seepage forces do not cause slope instability.

(d) Nothing in this section shall be interpreted to allow a party to cause or contribute to an ambient groundwater quality standards (AGQS) violation as defined in RSA 485-C:2, I, as reprinted in Appendix C.

(e) Practices that are not hydraulically connected to groundwater shall be exempt from (c), above.

(f) In areas where groundwater contains contamination at levels greater than the ambient groundwater quality standards established in Env-Or 603.03 or soil contains contamination at levels greater than the soil remediation criteria of Env-Or 606.19, a qualified geologist or engineer, experienced in contaminant fate and transport analysis, shall certify that the proposed design will not result in impacts to groundwater flow or quality that are detrimental to the environment or human health greater than those posed by current site conditions. Such impacts shall include, but are not limited to contaminating water supply wells, expanding contaminant plumes, or increasing vapor intrusion risks. The certification shall be signed, sealed, and dated by the New Hampshire-licensed professional engineer or geologist who performed the analysis.

(g) An overflow structure associated with a stormwater management system shall be designed to convey, in a controlled manner, any flows that exceed the system’s capacity.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1507.03 Pollutant Discharge Minimization Requirements {#sec-env-wq-1507.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1507.03}

(a) Except as required by (b) through (e), below, runoff from all proposed impervious areas, including but not limited to roadways, parking areas, driveways, roofs, and redeveloped impervious areas, shall be treated with one or more of the stormwater treatment practices described in Env-Wq 1508.03 through Env-Wq 1508.11, provided that the requirements of this section are met along with all method-specific criteria.

(b) Except as required by (c), below, runoff from proposed impervious area that would result in a discharge of stormwater within one-quarter mile of a surface water of the state impaired for phosphorus, or within one-quarter mile of a lake or pond, shall be treated with one or more of the following stormwater treatment practices:

(1) A bioretention system with an internal storage reservoir that meets the requirements of Env-Wq 1508.06, provided the filter media is amended with 5% water treatment residuals or 0.5% iron filings;

(2) An infiltration practice that meets the requirements of Env-Wq 1508.07;

(3) A filtering practice that meets the requirements of Env-Wq 1508.08, provided one or more of the following is also met:

a. The practice infiltrates the WQV; or

b. The filter media is amended with 5% water treatment residuals or 0.5% iron filings;

(4) A gravel wetland that meets the requirements of Env-Wq 1508.05, provided that the installation of an infiltration practice pursuant to (2), above, is not feasible;

(5) A stormwater treatment practice that has pollutant removal efficiencies equal to or greater than (1) through (3), above; or

(6) Treatment practices supported by a pollutant loading analysis completed in accordance with (j), below, that demonstrates there will be no increase in phosphorus loading to the surface water of the state as a result of the project.

(c) Runoff from proposed impervious areas that would result in a discharge of stormwater within one-quarter-mile of a class A surface water or within the watershed of a surface water that is an outstanding resource water (ORW) as defined in Env-Wq 1708.04(a), shall be treated with one or more of the following stormwater treatment practices:

(1) A gravel wetland that meets the requirements of Env-Wq 1508.05;

(2) A bioretention system with an internal storage reservoir that meet the requirements of Env-Wq 1508.06, provided that the filter media is amended with 5% water treatment residuals or 0.5% iron filings;

(3) A stormwater treatment practice that has pollutant removal efficiencies equal to or greater than (1) or (2), above, and that incorporate a denitrification process; or

(4) Treatment practices supported by a pollutant loading analysis completed in accordance with (j), below, that demonstrates:

a. There will be no increase in nitrogen and phosphorus loading to the surface waters of the state as a result of the project; and

b. For projects with a net increase in impervious surfaces, utilize stormwater BMPs listed in Env-Wq 1508.05 or Env-Wq 1508.06 for denitrification.

(d) Runoff from proposed impervious areas that would result in a discharge of stormwater within one-quarter mile of a surface water of the state impaired for nitrogen shall be treated with one or more of the following stormwater treatment practice:

(1) A gravel wetland that meets the requirements of Env-Wq 1508.05; or

(2) A bioretention system with an internal storage reservoir that meets the requirements of Env-Wq 1508.06.

(e) Runoff from the following areas shall be presumed to meet water quality standards without the need for stormwater treatment practices:

(1) Impervious areas for the purposes of lot development, provided that:

a. The individual lot is a single family or duplex residential lot;

b. The individual lot is one acre or greater;

c. The individual lot is not in a watershed impaired for nitrogen or phosphorus;

d. The total disturbance for each individual lot does not exceed 100,000 square feet or 50,000 square feet if any portion in the protected shoreland; and

e. The individual lot does not drain to one or more proposed stormwater treatment practices;

(2) Access roads that are vegetated;

(3) Utility infrastructure, including substations pads and access roads that will receive fewer than 52 trips per year; and

(4) Solar panels.

(f) Stormwater treatment practices shall be accessible for proposed maintenance activities.

(g) Infiltration rates for designing stormwater treatment practices shall be determined in accordance Env-Wq 1504.14.

(h) Stormwater treatment practices shall meet the water supply well setback criteria identified in Env-Wq 1508.02.

(i) Subject to (j), below, stormwater treatment practices shall be designed for the WQV or WQF, as applicable, calculated in accordance with Env-Wq 1504.10 and Env-Wq 1504.11, respectively.

(j) If a pollutant loading analysis is conducted pursuant to (b)(6) or (c)(4), above, it shall be performed as follows:

(1) Load export rates for total nitrogen and total phosphorus shall be as provided in Appendix F of the General Permits for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in New Hampshire, December 7, 2020, available as noted in Appendix B; and

(2) Pollutant removal efficiencies for total nitrogen and total phosphorus shall be as provided in Appendix F of the General Permits for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in New Hampshire, December 7, 2020, available as noted in Appendix B.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14079, eff 9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1507.04 Groundwater Recharge Requirements {#sec-env-wq-1507.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1507.04}

(a) The purpose of this section is to protect groundwater resources by requiring the amount of water diverted off-site by the proposed development to be reduced to the maximum extent practicable by using groundwater recharge practices as described in Env-Wq 1508.17.

(b) Except as specified in (c), below, the applicant shall capture and infiltrate the GRV calculated pursuant to Env-Wq 1504.12.

(c) The applicant shall not be required to capture and infiltrate the GRV when:

(1) The GRV is less than 500 cubic feet;

(2) The lowest Ksat value, within 0 to 5 feet below all areas proposed for development, is less than 0.5 inches per hour. Unless on-site infiltration testing results indicate values greater than 0.5 inches per hour, Ksat values shall be determined using SSSNNE Special Publication No. 5, Ksat Values for New Hampshire Soils, September 2025, available as noted in Appendix B; or

(3) Conditions exist that prohibit infiltration as specified in Env-Wq 1507.02(c).

(d) Infiltration rates for designing groundwater recharge practices shall be determined in accordance with Env-Wq 1504.14.

(e) The groundwater recharge practices shall meet the water supply well setback criteria identified in Env-Wq 1508.02.

(f) Acceptable methods to demonstrate that the GRV is being infiltrated shall include:

(1) Demonstrating that the volume of runoff from a 1-year, 24-hour storm event is equal to or greater than the GRV; or

(2) Preparation of a hydrologic budget that accounts for the inflow to, outflow from, and storage in the infiltration practice, showing that sufficient water is available to recharge the groundwater.

(g) Groundwater recharge practices shall not be located on single family or duplex residential lots for the purpose of meeting the GRV pursuant to Env-Wq 1504.12 unless the construction of the stormwater management practice is included as part of the permit and the practice is protected with an easement or deed restriction pursuant to Env-Wq 1504.07.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1507.05 Channel Protection Requirements {#sec-env-wq-1507.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1507.05}

(a) The purpose of this section is to protect channels, downstream receiving waters, and wetlands from erosion and associated sedimentation resulting from urbanization within a watershed.

(b) The combined flow to a channel, downstream receiving water, or wetland from a project site shall meet one of the following criteria:

(1) The 2-year, 24-hour post-development peak flow rate generated from the proposed disturbance shall be equal to or less than the 2-year, 24-hour pre-development peak flow rate and:

a. The 2 year, 24-hour post-development storm volume, directed to a channel, downstream receiving water, or wetland has not increased over the pre-development volume by more than 0.1 acre-feet;

b. The 2-year, 24-hour post-development peak flow rate directed to a channel, downstream receiving water, or wetland is less than 2 cfs; or

c. The area directly discharges into a fourth order or greater river, a pond or lake greater than 10 acres, or tidal water;

(2) The 2-year, 24-hour post-development peak flow rate shall be less than or equal to 50% of the 2-year, 24-hour pre-development peak flow rate; or

(3) The 2-year, 24-hour post-development peak flow rate shall be less than or equal to the 1-year, 24-hour pre-development peak flow rate.

(c) When determining “equal to or less than”, allowances shall be made for scientific uncertainty and mathematical rounding.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1507.06 Peak Runoff Control Requirements {#sec-env-wq-1507.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1507.06}

(a) The purpose of this section is to address increases in the frequency and magnitude of flooding caused by development.

(b) Subject to (d), below, the 10-year, 24-hour post-development peak flow rate shall not exceed the 10-year, 24-hour pre-development peak flow rate for all flows leaving the site.

(c) Subject to (d), below, the 50-year, 24-hour post-development peak flow rate shall not exceed the 50-year, 24-hour pre-development peak flow rate for all flows leaving the site.

(d) A project area that directly discharges to a stream, waterbody, estuary, or tidal water shall be exempt from (b) and (c), above, if the applicant has provided supporting off-site drainage calculations for the 10-year and 50-year, 24-hour storm in accordance with Env-Wq 1504.09, showing that at a point immediately downstream from the project site the post-development peak flow rate from the site and the off-site contributing area does not exceed the pre-development peak flow rate at that point.

(e) The applicant shall provide supporting information in accordance with Env-Wq 1503.09, showing that there is no impact to properties as a result of developing within the 100-year floodplain.

(f) All proposed roadway culverts shall be designed to pass the 50-year, 24-hour post-development peak flow rate without overtopping the roadway.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1507.07 Long-Term Maintenance {#sec-env-wq-1507.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1507.07}

(a) In order to ensure the long-term effectiveness of approved stormwater practices, the applicant shall establish a mechanism to provide for on-going inspections and maintenance (I&M) of the practices for so long as the practices are reasonably expected to be used.

(b) Subject to (f), below, the mechanism shall include an I&M manual for the practices which includes, at a minimum:

(1) The name of each responsible party who will implement the required reporting, inspection, and maintenance activities identified in the I&M manual;

(2) The frequency of inspections;

(3) An inspection checklist to be used during each inspection;

(4) A requirement to photograph each practice that is subject to the I&M requirement at each inspection of that practice;

(5) An I&M log to document each I&M activity;

(6) A deicing log to track the amount and type of deicing materials applied to the site;

(7) A plan showing the locations of all the stormwater practices described in the I&M manual;

(8) Actions to be taken if any invasive species begin to grow in the stormwater management practices;

(9) If a stormwater management system is located within a drainage easement on a single family or duplex residential lot, copies of the drainage easements prepared pursuant to Env-Wq 1504.07;

(10) A note that states that maintenance activities shall comply with laws that protect wildlife, including RSA 212-A, RSA 209:8, and RSA 209:9; and

(11) A requirement to maintain 85% vegetative cover uniformly distributed on all areas permanently stabilized with vegetation, including beneath the solar panels if present, and to repair areas of erosion.

(c) All record keeping required by the I&M manual shall be maintained by the responsible party(ies) and be made available to the department upon request.

(d) Upon the completion of all terrain alteration activities that direct stormwater to a particular practice, the responsible party(ies) shall initiate the I&M activities.

(e) The responsible party(ies) may contract with one or more third parties to conduct the I&M activities, but shall remain responsible for ensuring the long-term effectiveness of the stormwater practices.

(f) If a federal or state agency or a political subdivision of the state agrees to assume the responsibility for some or all components of the stormwater management system, the following shall apply:

(1) The transferor responsible party(ies) shall document the transfer of responsibility in writing to the department;

(2) No I&M manual shall be required for those components for which the agency or political subdivision assumes responsibility, unless required by the agency or political subdivision as a condition of accepting responsibility; and

(3) The agency or political subdivision that agrees to assume responsibility shall document that maintenance activities are being performed as necessary to ensure the long-term effectiveness of those components of the stormwater management system for which the agency or political subdivision assumed responsibility.

(g) If ownership of commercial or industrial property is transferred, the new property owner(s) shall become the responsible party(ies).

(h) If the property is a residential development for which a homeowners’ association will be established, then:

(1) The homeowners’ association shall become the responsible party as specified in the documentation that establishes the association; and

(2) If the homeowners’ association is dissolved or otherwise discontinued, the individual homeowners shall have joint and several liability for all I&M obligations.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17 (formerly Env-Wq 1507.08); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1508 Permanent Methods for Protecting Water Quality

N.H. Code Admin. R. Ann. Env-Wq 1508.01 Definition {#sec-env-wq-1508.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.01}

For purposes of this part, “water supply intake protection area” means, for a surface water used as a source by a public water system:

(a) The area within 250 feet of the normal high water mark of the surface water source within one-quarter mile radius of the public water system’s intake, excluding areas outside the watershed of the surface water; and

(b) The area within 250 feet of the normal high water mark of any tributary that is within one-quarter mile radius of the public water system’s intake, excluding areas outside the watershed of the surface water.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.02 Setback Requirements from Water Supply Sources {#sec-env-wq-1508.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.02}

(a) Except as specified in (c), below, no component of a stormwater management system shall discharge stormwater directly to groundwater or to the ground surface in an area where the stormwater will infiltrate the groundwater within a sanitary protective area for a water supply well as specified in:

(1) For any large production well and any well for a large community water system, the larger of the sanitary protective radius established under Env-Dw 302.10, or the approval issued under Env-Dw 302;

(2) For any small production well for a small community water system, the larger of the sanitary protective radius established under Env-Dw 305.10, or the approval issued under Env-Dw 305;

(3) For any non-community water system, the applicable distance from Env-Dw 406.14; or

(4) Table 1008-4 in Env-Wq 1008.06, for private water supply wells, whether commercial or non-commercial.

(b) Within a water supply intake protection area, a stormwater management system shall not discharge to the surface water that defines the protection area, or to the ground surface, subsurface, or groundwater within 100 feet of that surface water, except as specified in (c), below.

(c) Stormwater management systems that discharge stormwater from areas less than 0.5 acre and that do not and will not receive stormwater from a high-load area shall be exempt from the private well and surface water setbacks of (a) and (b), above, provided that no component of the stormwater management system is located within 50 feet of a well and flow is directed away from the well.

(d) A stormwater management system that discharges within a water supply intake protection area or to a storm sewer system that discharges within a water supply intake protection area shall incorporate water-tight designs that allow for shut-down or containment in the event of a spill if the system serves a bulk plant or terminal where bulk petroleum products or hazardous materials are transferred.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.03 Stormwater Treatment Practices: Stormwater Ponds {#sec-env-wq-1508.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.03}

Stormwater ponds, including but not limited to wet ponds and wet extended detention ponds, shall comply with the following:

(a) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16 shall be provided if

stormwater, other than roof runoff, will be discharged to the practice;

(b) Stormwater ponds shall have a permanent pool, or combination of permanent pool and extended detention, greater than or equal to the WQV;

(c) If extended detention is provided, then:

(1) The extended detention volume shall:

a. Not comprise more than 50% of the WQV; and

b. Have a minimum 24-hour drawdown; and

(2) The outlet shall discharge at a maximum flow rate of twice the average flow rate, where the average flow rate is calculated as the extended detention volume divided by 24 hours;

(d) The perimeter of each pond shall be curvilinear;

(e) The side slopes of the pond shall be no steeper than 3:1 and no flatter than 20:1;

(f) The minimum length to width ratio shall be 3:1, where:

(1) Length is measured along the flow path between the inlet and outlet at mid-depth; and

(2) Width is computed by summing the average top width and the average bottom width perpendicular to the flow path and dividing by 2;

(g) The permanent pool average depth shall be:

(1) Not less than 3 feet; and

(2) Demonstrated by providing:

a. A stormwater pond having a pond floor at least 5 feet below the SHWT or the lowest elevation pond outlet, whichever is lower; or

b. A hydrologic budget that accounts for the inflow to, outflow from, and storage in the stormwater pond, showing that sufficient water is available to maintain the water depth in the permanent pool;

(h) The permanent pool depth shall not be greater than 8 feet;

(i) The inlet and outlet shall be located as far apart as possible;

(j) Energy dissipation shall be provided at the inlet and outlet to prevent scour;

(k) Any outlet structure having a 6-inch or smaller diameter orifice or a 6-inch wide or narrower weir shall have a trash rack to minimize clogging;

(l) If elevations allow, a manually-controlled drain shall be provided to dewater the pond over a 24-hour period;

(m) The stormwater pond shall be able to discharge the 50-year, 24-hour storm without overtopping the embankment crest; and

(n) A planting plan that does not include any invasive species and that replicates the spatial and compositional diversity of a natural wetland shall be developed by an individual having knowledge of wetlands ecosystems and, in particular, wetlands plant species.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.04 Stormwater Treatment Practices: Stormwater Wetlands {#sec-env-wq-1508.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.04}

Stormwater wetlands, including but not limited to shallow wetlands, extended detention wetlands, and wet pond systems incorporating both permanent pool ponds and wetlands but excluding gravel wetlands, shall comply with the following:

(a) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16 shall be provided if

stormwater, other than roof runoff, will be discharged to the practice;

(b) The stormwater wetland shall have a permanent pool, or a combination of permanent pool and extended detention, greater than or equal to the WQV;

(c) If extended detention is used, then:

(1) The extended detention volume shall:

a. Not comprise more than 50% of the WQV; and

b. Have a minimum 24 hour drawdown; and

(2) The outlet shall discharge at a maximum flow rate of twice the average flow rate, where the average flow rate is calculated as the extended detention volume divided by 24 hours;

(d) The perimeter of each wetland shall be curvilinear;

(e) The side slopes of each wetland shall be no greater than 3:1 and no flatter than 20:1;

(f) The minimum length to width ratio shall be 3:1, where:

(1) Length is measured along the flow path between the inlet and outlet at mid-depth; and

(2) Width is computed by summing the average top width and the average bottom width and dividing by 2;

(g) The permanent pool elevation of the wetland shall be based upon:

(1) An outlet control structure at an elevation 2 feet below the SHWT; or

(2) Preparation of a hydrologic budget that accounts for the inflow to, outflow from, and storage in the stormwater pond, showing that sufficient water is available to maintain the wetland and that the wetland will not be inundated with an excess of water;

(h) The permanent pool depth shall not be greater than 8 feet;

(i) The inlet and outlet shall be located as far apart as possible;

(j) Energy dissipation shall be provided at the inlet and outlet to prevent scour;

(k) Any outlet structure having a 6-inch or smaller diameter orifice or a 6-inch wide or narrower weir shall have a trash rack to minimize clogging;

(l) If elevations allow, a manually-controlled drain shall be provided to dewater the pond over a 24-hour period;

(m) The stormwater wetland shall be able to discharge the 50-year, 24-hour storm without overtopping the embankment crest;

(n) The maximum water surface elevation shall not extend more than 4 feet above the permanent pool during the 50-year, 24-hour storm; and

(o) A planting plan that does not include any invasive species and that replicates the spatial and compositional diversity of a natural wetland shall be developed by an individual having knowledge of wetlands ecosystems and, in particular, wetlands plant species.

History

• #9343, eff 1-1-09; amd in paragraph (f) by #9817-A, eff 12-1-10; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.05 Stormwater Treatment Practices: Gravel Wetlands {#sec-env-wq-1508.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.05}

Gravel wetland systems shall comply with the following:

(a) The system shall be designed in accordance with “UNHSC Subsurface Gravel Wetland Design Specifications”, January 2022, available as noted in Appendix B, unless otherwise specified;

(b) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16 shall be provided if stormwater, other than roof runoff, will be discharged to the practice;

(c) The system, excluding the saturated zone but including any sediment forebays, shall be designed to completely drain within 72 hours; and

(d) The system shall have 2 treatment bays, each of which is designed to filter at least 45% of the WQV with a minimum flow path of 15 feet, or one treatment bay designed to filter at least 90% of the WQV with a minimum flow path of 30 feet.

History

• #12342, eff 8-15-17 (formerly in Env-Wq 1508.04(f) in #9817-A, eff 12-1-10); ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.06 Bioretention System with Internal Storage Reservoir {#sec-env-wq-1508.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.06}

Bioretention systems with an internal storage reservoir shall comply with the following:

(a) The system shall be designed in accordance with the “Standard Detail, Bioretention ISR Stormwater System” in the “UNH Stormwater Center Hybrid Bioretention Template”, February 2020, available as noted in Appendix B, with the additional requirements in (b) though (g), below;

(b) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16 shall be provided if

stormwater, other than roof runoff, will be discharged to the practice;

(c) If a sediment forebay is used to meet (b), above, it shall be designed to contain 25% of the WQV and otherwise meet the criteria specified in Env-Wq 1508.12;

(d) The volume above the filter material shall be equal to or greater than 100% of the WQV;

(e) The filter media shall consist of one of the mixtures specified in Env-Wq 1508.08(k)(4);

(f) The system, excluding the saturated zone but including any sediment forebays, shall be designed to completely drain within 72 hours; and

(g) If iron filings are proposed, the following shall apply:

(1) The iron filings shall be well mixed with the filter material and mixing an installation shall be observed by a professional engineer to ensure proper mixing and installation of the iron filings;

(2) Iron filings shall not be mixed into the top 4" of the filter material; and

(3) The iron filings shall be sized in accordance with Appendix D of the United States Army Corps of Engineers Engineering Manual EM-1110-2-1913, April 2020, available as noted in Appendix B, such that the iron filings are sized as a filter for the bioretention soil mix filter material.

History

• #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.07 Stormwater Treatment Practices: Infiltration Practices {#sec-env-wq-1508.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.07}

Infiltration practices, including but not limited to infiltration trenches, infiltration basins, dry wells, and drip edges, shall comply with the following:

(a) Infiltration practices shall be prohibited in the following areas in addition to those identified in Env-Wq 1507.02(c):

(1) Into soils where the infiltration rate, prior to adding a factor of safety, is less than 0.5 inches per hour, as calculated per Env-Wq 1504.14; and

(2) Subject to (b), below, into soils where the infiltration rate, prior to adding a factor of safety, is more than 10 inches per hour, unless the stormwater directed to the infiltration practice has been treated in accordance with a practice described in Env-Wq 1508.03 through Env-Wq 1508.11 prior to entering the infiltration practice;

(b) Soils may be amended to reduce the infiltration rate to less than or equal to 10 inches per hour, prior to adding a factor of safety, as confirmed by results from field measurement methods described in Env-Wq 1504.14(e), provided that if soils are amended, they shall be amended to 24 inches or deeper;

(c) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16 shall be provided if stormwater other than or in addition to roof runoff will be discharged to the practice;

(d) If a sediment forebay is used to meet (c), above, it shall be designed to contain 25% of the WQV and otherwise meet the criteria specified in Env-Wq 1508.12;

(e) The volume of the practice, excluding any sediment forebay areas, shall be large enough to contain the WQV without depending on infiltration;

(f) The practice shall completely drain within 72 hours;

(g) The design infiltration rate shall be determined in accordance with Env-Wq 1504.14;

(h) Subject to (i) and (j), below, the SHWT and bedrock shall be at least 3 feet below the bottom of the practice;

(i) If the practice is located within a groundwater protection area or a water supply intake protection area, the SHWT and bedrock shall be at least 4 feet below the bottom of the practice;

(j) If the stormwater directed to the infiltration practice has been treated in accordance with a practice described in Env-Wq 1508.03 through Env-Wq 1508.11 prior to entering the practice, the SHWT and bedrock may be reduced to not less than one foot below the bottom of the practice;

(k) If the practice includes an infiltration trench, the following requirements also shall be met:

(1) The trench shall be 4 to 10 feet deep;

(2) The trench depth shall be greater than the trench width;

(3) The infiltration media shall be clean, washed, and well-graded aggregate with a diameter of 1.5 to 3 inches such that the porosity is 40%;

(4) An observation well along the trench center line shall be provided; and

(5) The overflow structure shall comply with Env-Wq 1507.02(d);

(l) If the practice includes an in-ground infiltration basin, the following requirements also shall be met:

(1) The perimeter of the pond shall be curvilinear;

(2) Side slopes shall be no steeper than 3:1 and no flatter than 20:1;

(3) The basin floor shall be flat, or zero percent slope;

(4) The basin floor shall be prepared with one of the following:

a. A 6-inch layer of coarse sand or 3/8 inch pea gravel;

b. Grass turf that can survive inundation for up to 72 hours and still provide a dense, vigorous turf layer; or

c. A layer of coarse organic material, such as erosion control mix or composted mulch, that is tilled into the soil, soaked, and allowed to dry; and

(5) The total volume of the basin shall:

a. Be large enough to infiltrate the 50-year, 24-hour storm without overtopping; or

b. Have an overflow structure that complies with Env-Wq 1507.02(d).

(m) If the practice includes an underground infiltration basin, the following requirements also shall be met:

(1) An observation well or accessible manhole structure shall be provided; and

(2) The outfalls shall be designed to discharge the 10-year, 24-hour storm;

(n) If the practice includes one or more dry wells, each dry well shall be equipped with an overflow structure that complies with Env-Wq 1507.02(d); and

(o) If the practice includes one or more stone drip edges, runoff shall be from roofs only.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342 (formerly Env-Wq 1508.05); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.06); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.08 Stormwater Treatment Practices: Filtering Practices {#sec-env-wq-1508.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.08}

Filtering practices, including but not limited to surface sand filters, underground sand filters, tree box filters, bioretention systems, pervious asphalt, and pervious concrete, shall comply with the following:

(a) Filtering practices shall not be located in:

(1) An area where a filtering practice sidewall is adjacent to hydrologic soil group A soils, unless an impermeable liner is installed along the side wall so as to separate the practice from the group A soils; or

(2) The areas identified in Env-Wq 1507.02(c) unless the practice has an impermeable liner;

(b) Pretreatment as described in Env-Wq 1508.12 through Env-Wq 1508.16 shall be provided unless:

(1) The practice is pervious pavement or a tree box filter; or

(2) Roof runoff is the only stormwater discharged to the practice;

(c) The practice shall completely drain within 72 hours;

(d) All filtering practices that impound stormwater shall have an overflow structure that complies with Env-Wq 1507.02(d);

(e) If a sediment forebay is used to meet (b), above, it shall be designed to contain 25% of the WQV and otherwise meet the criteria specified in Env-Wq 1508.12;

(f) If the practice has an impermeable liner, (g) through (j), below, shall not apply;

(g) The design infiltration rate of the underlying native soil or fill soil shall be determined in accordance with Env-Wq 1504.14;

(h) If the infiltration rate, prior to adding a factor of safety, of the underlying soil or proposed fill, as determined pursuant to (g), above, is less than 0.50 inches per hour, an underdrain system shall be provided as follows:

(1) The underdrain shall consist of a 6-inch diameter perforated pipe set in ¾-inch to 2-inch diameter stone or gravel washed free of fines and organic material;

(2) The stone or gravel layer shall extend at least 4 inches above the drainage pipes and 4 inches below the drainage pipes;

(3) The stone or gravel layer shall be separated from the filter media with a 3-inch layer of 3/8-inch pea gravel; and

(4) Underdrains shall be provided at a maximum spacing of 25 feet center-to-center;

(i) If the practice is not located within a groundwater protection area or water supply intake protection area, the SHWT and bedrock may be reduced to not less than one foot below the bottom of the filter course material, provided, however, that underdrains may be installed to achieve the minimum one-foot separation between the SHWT and the bottom of the filter course material;

(j) If the practice is located within a groundwater protection area or water supply intake protection area, the practice shall have a filter course depth of 18 inches for pervious pavement and 24 inches for all other filtering practices, and have at least one foot of separation between:

(1) The bottom of the filter course material and bedrock; and

(2) The bottom of the filter course material and the SHWT, provided, however, that underdrains may be installed to achieve the minimum one-foot separation between the SHWT and the bottom of the filter course material;

(k) If the practice includes a surface filter, the following requirements also shall be met:

(1) The filter, including the storage area above the filter, the filter media voids, and the pretreatment area, shall store at least 75% of the WQV;

(2) The contributing drainage area shall be less than 10 acres;

(3) The filter media shall be a minimum 18 inches deep;

(4) The filter media shall consist of one of the following mixtures volume:

a. 50% to 55% by volume sand that is certified by its producer as meeting the requirements for ASTM C-33 concrete sand, 20% to 30% by volume of loamy sand topsoil with 15% to 25% fines passing the number 200 sieve, and 20% to 30% by volume moderately fine shredded bark or wood fiber mulch with less than 5% passing the number 200 sieve;

b. 20% to 30% by volume of moderately fine shredded bark or wood fiber mulch that has no more than 5% fines passing the number 200 sieve, with 70 to 80% by volume loamy coarse sand used in the mixture meeting the following sieve analysis specification:

1. From 85% to 100% by weight shall pass the number 10 sieve;

2. From 70% to 100% by weight shall pass the number 20 sieve;

3. From 15% to 40% by weight shall pass the number 60 sieve; and

4. From 8% to 15% by weight shall pass the number 200 sieve;

c. 60% to 85% by volume of sand, 15% to 25% by volume of loam or topsoil, and 3% to 8% by volume of organic matter used in the mixture meeting the following sieve analysis specification:

1. 100% by weight shall pass the number 4 sieve;

2. 95% by weight shall pass the number 10 sieve;

3. From 15% to 40% by weight shall pass the number 40 sieve;

4. From 10% to 20% by weight shall pass the number 200 sieve; and

5. From 0% to 5% by weight shall pass a sieve that is finer than the number 200 sieve; and

(5) The filter shall have an access grate;

(l) If the practice includes an underground filter, the following requirements also shall be met:

(1) The filter, including the filter media voids and the pretreatment chamber, shall store at least 75% of the WQV;

(2) The contributing drainage area shall be less than 10 acres;

(3) The filter media shall be a minimum 18 inches deep;

(4) The filter media shall consist of 100% of ASTM C-33 concrete sand or one of the mixtures specified in (k)(4), above; and

(5) The filter shall have an access grate;

(m) If the practice includes a bioretention system, the following requirements also shall be met:

(1) The ponding area, including the storage area above the filter and the filter media voids, shall store 100% or more of the WQV;

(2) The contributing drainage area shall be less than 5 acres;

(3) The filter media shall be a minimum 18 inches deep;

(4) The filter media shall consist of one of the mixtures specified in (k)(4), above;

(5) Side slopes shall not exceed 3:1;

(6) The surface shall be covered with a minimum of 3-inches of organic material; and

(7) The surface area shall be covered with grasses or have the following planting design plan:

a. Only native, non-invasive species shall be used;

b. Plant layout shall be random and natural;

c. Woody vegetation shall not be used near inflow locations;

d. Vegetation directly over the filter media shall be limited to facultative wetland species as specified in National List of Plant Species that Occur in Wetlands: Northeast (Region 1), May 1988, published by U.S. Fish and Wildlife Service, available as noted in Appendix B, or other species that can withstand periodic inundation, as determined by a certified wetland scientist;

e. Trees or large shrubs shall be planted along the perimeter; and

f. The plan shall establish a perimeter tree canopy with an understory of shrubs and herbaceous plants;

(n) If the practice includes pervious asphalt, the following requirements also shall be met:

(1) The practice shall be designed and installed in accordance with UNHSC Design Specifications for Porous Asphalt Pavement and Infiltration Beds, February 2014, revised September 2016, published by University of New Hampshire Stormwater Center, available as noted in Appendix B;

(2) The thickness of the filter course shall be at least 12 inches; and

(3) The ratio of the total contributing area to the area of the pervious surface shall be no more than 5:1;

(o) If the practice includes pervious concrete, the following requirements also shall be met:

(1) The filter course material shall consist of NHDOT Standard Specification for Road and Bridge Construction, March 2016, Table 304-1, item number 304.1, available as noted in Appendix B, modified to have 0-6% passing the number 200 sieve;

(2) The practice shall be designed and installed in accordance with American Concrete Institute, ACI SPEC-522.1-13, Specification for Pervious Concrete Pavement, 2013, available as noted in Appendix B;

(3) The practice shall be installed by a contractor certified in pervious concrete installation by the National Ready Mix Concrete Association (NRMCA);

(4) The thickness of the filter course shall be at least 12 inches; and

(5) The ratio of the total contributing area to the area of the pervious surface shall be no more than 5:1; and

(p) If the practice includes a non-proprietary tree box filter, then:

(1) The tree box filter shall be not less than 6 feet in diameter and not less than 4 feet deep;

(2) The contributing drainage area shall be less than 0.1 acres;

(3) The filter media shall be 80% by volume sand that is certified by its producer as meeting the requirements for ASTM C-33 concrete sand, 20% by volume of organic material with less than 5% passing the number 200 sieve;

(4) The soil mixture shall be uniform, free of stones, stumps, roots, or similar materials larger than 2 inches; and

(5) The soil mixture shall have a pH between 5.5 and 6.5.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342 (formerly Env-Wq 1508.06); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.07); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.09 Stormwater Treatment Practices: Treatment Swales {#sec-env-wq-1508.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.09}

Treatment swales shall be used only as follows:

(a) Swales shall not be used in any of the areas identified in Env-Wq 1507.02 unless the practice has an impermeable liner;

(b) The swale length shall be at least 100 feet long;

(c) Any portion of the swale that is in a roadside ditch which collects runoff from the adjacent roadway surface shall not count towards the minimum length specified in (b), above;

(d) The bottom of the swale shall be no more than 8 feet wide, provided that widths up to 16 feet shall be allowed if a dividing berm or structure is used such that neither channel is more than 8 feet wide;

(e) The bottom of the swale shall not be within the SHWT;

(f) The swale side slopes shall be no steeper than 3:1 and no flatter than 20:1;

(g) The swale shall have a longitudinal slope between 0.5% and 2% without check dams or 2% to 5% with check dams;

(h) The maximum flow depth in the swale shall be:

(1) Four inches at the WQF; or

(2) If a detention structure is used immediately upstream of the treatment swale, the maximum flow depth in the swale shall be 4 inches at the 2-year, 24-hour post-development peak flow rate;

(i) The swale’s hydraulic residence time shall be greater than 10 minutes for:

(1) The WQF; or

(2) The 2-year, 24-hour post-development peak flow rate routed through a detention structure;

(j) The swale shall be sized to discharge the 10-year, 24-hour storm; and

(k) The swale shall have at least 85% vegetated growth prior to directing runoff to it.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342 (formerly Env-Wq 1508.07); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.08); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.10 Stormwater Treatment Practices: Vegetated Buffers {#sec-env-wq-1508.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.10}

Vegetated buffers, including but not limited to residential or small pervious area buffers, developed area buffers, roadway buffers, and ditch turn-out buffers, shall be used only as follows:

(a) Buffers shall not be located in an area of RSA 482-A jurisdiction;

(b) The buffer shall be directly adjacent to the area being treated;

(c) The runoff shall enter the buffer as sheet flow;

(d) The buffer shall not be interrupted by any intermittent or perennial stream channel or other drainage way;

(e) Only the continuous flow path length shall be counted toward the buffer length;

(f) The vegetative cover type shall be forest or meadow or a combination of forest and meadow, and if a combination, the required sizing of the buffer shall be determined as a weighted average based on the percent of buffer in forest and the percent of buffer in meadow;

(g) The hydrologic soil group shall be identified, and if the buffer contains more than one soil group, the required sizing of the buffer shall be determined as a weighted average based on the percent of the buffer in each soil type;

(h) The buffer area shall be identified on the plans and protected by deed restrictions or covenants, or both, so that it remains in an unaltered state;

(i) If the practice is for a residential or small impervious area, the following requirements also shall be met:

(1) Runoff shall be received only from one or more of the following:

a. A single family or duplex residential lot;

b. A developed area with less than 10% imperviousness where the flow path over the developed area does not exceed 150 feet; or

c. An impervious area not greater than one acre where the flow path across the impervious area does not exceed 100 feet;

(2) Runoff shall enter the buffer as sheet flow without the aid of a level spreader;

(3) The buffer slope shall be uniform and not exceed 15%; and

(4) The minimum flow path through the buffer shall be the sum of the following distances or 45 feet, whichever is greater:

a. The base flow path through the buffer shall be:

1. For hydrologic group A soils, 25 feet;

2. For hydrologic group B soils, 45 feet;

3. For hydrologic group C soils, 60 feet;

4. For hydrologic group D soils, 142 feet; and

5. For buffers containing more than one hydrologic soil group, a weighted average of the distances in 1. through 4., above, based on the hydrologic group(s) of the soils in the buffer;

b. For every 1% slope of the buffer, 2 feet shall be added to the base flow path length through the buffer; and

c. For every 10% of the buffer area that is meadow, 3 feet shall be added to the base flow path length through the buffer;

(j) If the practice is for a developed area using a buffer with a stone berm level spreader, the following requirements also shall be met:

(1) Runoff shall be received from a developed area where the runoff is concentrated;

(2) A stone berm level spreader that meets the requirements of Env-Wq 1508.19 and is no less than 20 feet and no greater than 50 feet in length shall be provided to distribute the flow to the buffer;

(3) The minimum flow path length through the buffer shall be 50 feet;

(4) The buffer slope shall be uniform and not exceed 15%;

(5) Subject to (10), below, the total buffer area required shall be determined by multiplying the total area draining to the buffer, in acres, by the sum of the following:

a. The base buffer area per acre, determined pursuant to (6), below;

b. The impervious area adjustment, determined pursuant to (7), below;

c. The slope adjustment, determined pursuant to (8), below; and

d. The meadow adjustment, determined pursuant to (9), below;

(6) The base buffer area per acre shall be determined based on the hydrologic group of the soils and the area draining to the buffer, as follows:

a. For hydrologic group A soils, 400 square feet per acre draining to the buffer;

b. For hydrologic group B soils, 1,000 square feet per acre draining to the buffer;

c. For hydrologic group C soils, 1,500 square feet per acre draining to the buffer;

d. For hydrologic group D soils, 2,200 square feet per acre draining to the buffer; and

e. For buffers containing more than one hydrologic soil group, a weighted average of the areas in a. through d., above, based on the hydrologic group(s) of the soils in the buffer;

(7) For every 1% of the area draining to the buffer that is impervious, the following impervious area adjustment shall be added to the base buffer area per acre:

a. For hydrologic group A soils, 45 square feet per acre draining to the buffer;

b. For hydrologic group B soils, 66 square feet per acre draining to the buffer;

c. For hydrologic group C soils, 83 square feet per acre draining to the buffer; and

d. For hydrologic group D soils, 132 square feet per acre draining to the buffer; and

e. For buffers containing more than one hydrologic soil group, a weighted average of the areas in a. through d., above, based on the hydrologic group(s) of the soils in the buffer;

(8) For every 1% slope of the buffer, the slope adjustment shall be an additional 100 square feet per acre draining to the buffer;

(9) For every 1% of the buffer area that is meadow, the meadow adjustment shall be an additional 24 square feet per acre draining to the buffer; and

(10) If a detention structure is used upstream of the level spreader, the drainage area to the buffer shall be deemed to be 1.0 acre of impervious area for every 1.0 cfs of peak 2-year, 24-hour outflow from the detention structure;

(k) If the practice is a roadway buffer, the following requirements also shall be met:

(1) Runoff shall be received from the road surface and shoulder and sheet directly into the buffer;

(2) No areas other than the adjacent road surface and shoulder shall be directed to the buffer;

(3) The road shall be parallel to the contour of the buffer slope;

(4) Except as provided in (5), below, the man-made buffer slope shall be uniform and not exceed 15%;

(5) A maximum of 20 feet of vegetated roadway embankment slope of 3:1 or flatter shall count toward the required buffer length as required in (8), below;

(6) The natural buffer slope shall be uniform and not exceed 20%;

(7) The buffer shall be vegetated; and

(8) The buffer flow path shall be at least 50 feet for one travel lane draining to the buffer and at least 30 additional feet for each additional travel lane draining to the buffer; and

(l) If the practice is a ditch turn-out buffer, the following requirements also shall be met:

(1) No areas other than road surface, road shoulder, and road ditch shall be directed to the buffer;

(2) No more than 6,000 square feet of pavement shall be directed to a level spreader;

(3) A stone berm level spreader that meets the requirements of Env-Wq 1508.19 and is no less than 20 feet and no greater than 50 feet in length shall be provided at the end of the ditch to distribute runoff to the buffer;

(4) The buffer slope shall be uniform and not exceed 15%; and

(5) For every 1,000 square feet of area draining to the buffer, the minimum flow path length through the buffer shall be the sum of the following distances or 50 feet, whichever is greater:

a. The base flow path through the buffer shall be:

1. For hydrologic group A soils, 7 feet;

2. For hydrologic group B soils, 8 feet;

3. For hydrologic group C soils, 15 feet;

4. For hydrologic group D soils, 30 feet; and

5. For buffers containing more than one hydrologic soil group, a weighted average of the distances in 1. through 4., above, based on the hydrologic group(s) of the soils in the buffer;

b. For every 1% slope of the buffer, 2 feet shall be added to the base flow path length through the buffer; and

c. For every 10% of the buffer that is meadow, 3 feet shall be added to the base flow path length through the buffer.

History

• #9343, eff 1-1-09; ss by #9817-A, eff 12-1-10; ss by #12342 (formerly Env-Wq 1508.08); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.09); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.11 Other Stormwater Treatment Practices {#sec-env-wq-1508.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.11}

(a) An applicant who wishes to use a stormwater treatment practice not specified in this part shall submit a written request to the department for approval of the practice.

(b) The request shall include the following:

(1) A copy of the plan(s) submitted pursuant to Env-Wq 1503.05(c)(2) with the location where the practice is proposed to be used clearly marked;

(2) A narrative description of the proposed practice, together with any diagrams or schematics that are helpful to understanding the proposed practice, including how the proposed practice meets the requirements specified in (f), below;

(3) If the proposed practice includes components for which the manufacturer has provided a design, installation, or operations manual, a copy of such manual(s);

(4) A description of the operation and maintenance procedures required to ensure the practice remains functional;

(5) A description of any advantages of the proposed practice over the practice(s) specified in this part, including in particular environmental and operational benefits;

(6) A description of the protocol used for the field-based assessment of the practice, including the length of time the practice has been in use; and

(7) If the practice has been used in other states or provinces having climate and geological features like those found in New Hampshire, a list of where the practice has been used and, for each such state or province, the name and daytime telephone number and, if available, an email address, of an official at a state or provincial agency who has knowledge of, and who can be contacted regarding, the practice.

(c) The department shall approve the proposed stormwater treatment practice if the information provided by the applicant demonstrates that:

(1) The field-based assessment was performed in accordance with a protocol which produces the same quality and quantity of data as the protocols established by one or more of the following:

a. The University of New Hampshire Stormwater Center’s, Quality Assurance Project Plan (November 2017), available as noted in Appendix B;

b. The Technology Acceptance Reciprocity Partnership (TARP)’s, Protocol for Stormwater Best Management Practice Demonstrations (July 2003), available as noted in Appendix B; or

c. The Washington State Department of Ecology’s, Technical Guidance Manual for Evaluating Emerging Stormwater Treatment Technologies, Technology Assessment Protocol Ecology (TAPE) (November 2024), available as noted in Appendix B; and

(2) The proposed practice meets the criteria specified in (f), below.

(d) The department shall notify the applicant of its decision in writing. If the request is denied, the notice shall specify the reason(s) for the denial.

(e) If the department approves the proposed practice, the approval shall:

(1) Require compliance with Env-Wq 1507.07 relative to long-term maintenance;

(2) Require annual inspections of the practice with an evaluation of the functionality of the practice, and the annual submission to the department of a report of the findings of the inspection and evaluation if the information submitted pursuant to (b), above, does not show the proposed practice to have operation longevity of at least 5 years in the field; and

(3) Include any other conditions that are necessary to ensure the practice meets the criteria specified in (f), below.

(f) A proposed stormwater treatment practice shall be approved only if the practice:

(1) Captures and treats the WQV or WQF;

(2) Achieves a minimum removal rate of 80% of total suspended solids at the WQF;

(3) Does not discharge floatable debris, including oil and petroleum products, for all flow rates up to the design WQF, either alone or in combination with pretreatment; and

(4) Has automatic operation during runoff events.

History

• #9343, eff 1-1-09; ss by #12342 (formerly Env-Wq 1508.09); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.10); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.12 Pretreatment Practices: Sediment Forebays {#sec-env-wq-1508.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.12}

Sediment forebays shall comply with the following:

(a) Sediment forebays shall not be located in any of the areas identified in Env-Wq 1507.02(c) unless the practice has an impermeable liner;

(b) If the sediment forebay is located in soils classified as Abenaki, Adams, Agawam, Boscawen, Caesar, Champlain, Colton, Croghan, Deerfield, Haven, Hinckley, Hoosic, Metallak, Quonset, or Warwick or any combination thereof, the sediment forebay shall have an impermeable liner or meet the infiltration criteria specified in Env-Wq 1508.07 or Env-Wq 1508.08;

(c) Unless otherwise specified, a sediment forebay shall be designed to contain 10% of the WQV;

(d) Sediment forebays for gravel wetland and bioretention with internal storage reservoir systems shall be designed to drain within 72 hours of storm events;

(e) Forebays shall be no less than 2 feet and no more than 6 feet in depth;

(f) Forebay side slopes shall be no steeper than 3:1;

(g) A fixed vertical sediment marker shall be installed to measure sediment depth; and

(h) Upon completion of maintenance, all disturbed areas shall be re-stabilized in accordance with the approved plans.

History

• #9343, eff 1-1-09; ss by #12342 (formerly Env-Wq 1508.10); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.11); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.13 Pretreatment Practices: Vegetated Filter Strips {#sec-env-wq-1508.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.13}

Vegetated filter strips shall comply with the following:

(a) The vegetative cover type of the filter strip shall be forest, meadow, or a combination of forest and meadow;

(b) The overland flow length to the filter strip shall not exceed 75 feet for impervious surfaces and 150 feet for pervious surfaces;

(c) Longitudinal slopes shall be no less than 0.5% and no greater than 15%; and

(d) The vegetated filter strip shall be at least 25 feet long and as wide as the area draining to the strip.

History

• #9343, eff 1-1-09; ss by #12342 (formerly Env-Wq 1508.11); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.12); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.14 Pretreatment Practices: Pretreatment Swales {#sec-env-wq-1508.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.14}

Pretreatment swales shall comply with the following:

(a) Swales shall not be used in any of the areas identified in Env-Wq 1507.02(c) unless the practice has an impermeable liner;

(b) The swale length shall be at least 50 feet long;

(c) Any portion of the swale that is in a roadside ditch which collects runoff from the adjacent roadway shall not count towards the minimum length specified in (b), above;

(d) The bottom of the swale shall be no more than 8 feet wide;

(e) The bottom of the swale shall not be within the SHWT;

(f) The swale side slopes shall be no steeper than 3:1 and no flatter than 20:1;

(g) The swale shall have a longitudinal slope between 0.5% and 2% without check dams or 2% to 5% with check dams;

(h) The maximum flow depth in the swale shall be 4 inches at the WQF;

(i) The swale shall be sized to discharge the 10-year, 24-hour storm; and

(j) The swale shall be vegetated.

History

• #9343, eff 1-1-09; ss by #12342 (formerly Env-Wq 1508.12); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.13); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.15 Pretreatment Practices: Flow-Through Devices {#sec-env-wq-1508.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.15}

Flow through devices such as hydrodynamic separators, water quality inlets, and oil or particle separators shall comply with the following:

(a) The devices shall be designed according to the manufacturer’s recommendations based on the WQF to remove a minimum of 80% of U.S. Silica grade OK-110 sand at the WQF;

(b) Water quality inlets and oil or particle separators shall have a 4 foot minimum sump;

(c) Water quality inlets shall be a 3-chamber design, with the first and second chambers having a minimum of 400 cubic feet of storage per acre of contributing impervious area;

(d) Each water quality inlet and oil or particle separator chamber shall be accessible by means of a separate manhole;

(e) The contributing area to the oil or particle separator shall not exceed 1.0 acre of impervious area;

(f) Oil or particle separators shall only be used in an off-line configuration to treat the WQF; and

(g) Oil or particle separators shall have a minimum of 400 cubic feet of permanent pool storage per acre of contributing impervious area.

History

• #9343, eff 1-1-09; ss by #12342 (formerly Env-Wq 1508.13); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.14); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.16 Pretreatment Practices: Deep Sump Catch Basins {#sec-env-wq-1508.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.16}

Deep sump catch basins shall comply with the following:

(a) The contributing area shall not exceed 0.25 acres of impervious area;

(b) The distance from the bottom of the outlet pipe to the bottom of the catch basin shall be at least 4 feet;

(c) The diameter of the catch basin shall be at least 4 feet; and

(d) A hooded outlet pipe shall be provided that extends at least one foot below the bottom of the outlet pipe.

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342 (formerly Env-Wq 1508.14); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.15); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.17 Groundwater Recharge Practices {#sec-env-wq-1508.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.17}

The following methods shall be acceptable methods for infiltrating groundwater, provided that all method-specific criteria are met:

(a) Infiltration practices in accordance with Env-Wq 1508.07;

(b) Filtering practices in accordance with Env-Wq 1508.08 that infiltrate into the native soil below the practice; and

(c) Other groundwater recharge practices, including but not limited to permeable surfaces, modular concrete paving blocks, modular concrete or plastic lattice, cast-in-place concrete grids, soil enhancement technologies, and other materials such as gravel, cobbles, wood, mulch, brick, or natural stone, provided that the following criteria are met:

(1) The practice shall completely drain within 72 hours;

(2) Bedrock and the SHWT shall be at least one foot below the base of the practice; and

(3) Prior to adding a factor of safety, the underlying soil has a design infiltration rate of 0.5 inches per hour or more, as calculated pursuant to Env-Wq 1504.14.

History

• #9343, eff 1-1-09; ss by #12342 (formerly Env-Wq 1508.15); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.16); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.18 Stormwater Control and Conveyance Practices: Detention Basins {#sec-env-wq-1508.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.18}

Underground and in-ground detention basins shall comply with the following:

(a) Untreated stormwater shall not be directed to unlined detention basins;

(b) Basins shall not be located in an area of RSA 482-A jurisdiction, unless a permit that specifically allows the detention basin has been issued pursuant to RSA 482-A;

(c) Underground detention basins shall have access manholes located upstream, downstream, and at intermediate locations to provide access for maintenance; and

(d) If the practice includes one or more in-ground detention basins, the following requirements also shall be met:

(1) The side slopes of the basin shall be 2:1 or flatter;

(2) The crest shall be at least 4 feet wide;

(3) Any outlet structure having a 6-inch or smaller diameter orifice or a 6-inch wide or narrower weir shall have a trash rack to minimize clogging;

(4) The lowest orifice shall be at least 6 inches above the basin floor;

(5) Energy dissipation shall be provided at the inlet and outlet to prevent scour;

(6) The detention basin shall be:

a. Constructed with an emergency spillway, in accordance with Env-Wq 1507.02(d); and

b. Able to discharge the 100-year, 24-hour storm without overtopping the embankment crest;

(7) All areas of the detention basin, including the basin floors, side slopes, berms, impoundment structures, or other earth structures shall have vegetation suitable for the soil type, the moisture content, the amount of sun exposure, and the level of inundation to which it is exposed; and

(8) If RSA 482 requires a dam permit to be obtained for the basin, then:

a. The permit shall be obtained prior to construction; and

b. Any conditions imposed under such permit that are more stringent than those listed above shall apply.

History

• #9343, eff 1-1-09; ss by #12342 (formerly Env-Wq 1508.16); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.17); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.19 Stormwater Control and Conveyance Practices: Stone Berm Level Spreaders {#sec-env-wq-1508.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.19}

Stone berm level spreaders shall comply with the following:

(a) The level spreader shall discharge to a vegetated receiving area with the capacity to convey the discharge without erosion;

(b) The receiving area shall:

(1) Have a slope of less than 15%; and

(2) Be stable prior to construction of the level spreader;

(c) The level spreader shall:

(1) Be a 6-inch deep trapezoidal trough; and

(2) Have a minimum bottom width of 3 feet;

(d) The level spreader base and top of berm shall be at 0% grade;

(e) The level spreader side slopes and berm side slopes shall be 2:1 or flatter;

(f) The berm shall:

(1) Be at least 18 inches high; and

(2) Have a top width of at least 2 feet; and

(g) The stone used in the berm shall be graded within the following limits:

(1) 100% by weight shall pass the 12-inch sieve;

(2) From 84% to 100% by weight shall pass the 6-inch sieve;

(3) From 68% to 83% by weight shall pass the 3-inch sieve;

(4) From 42% to 55% by weight shall pass the 1-inch sieve; and

(5) From 8% to 12% by weight shall pass the number 4 sieve;

History

• #9343, eff 1-1-09; amd by #9817-A, eff 12-1-10; ss by #12342 (formerly Env-Wq 1508.17); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.18); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.20 Stormwater Control and Conveyance Practices: Conveyance Swales {#sec-env-wq-1508.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.20}

Conveyance swales shall comply with the following:

(a) Swales shall not be used in groundwater protection areas where the stormwater comes from one or more high-load areas, unless the practice has an impermeable liner;

(b) The side slopes shall be designed to convey non-erosive velocities; and

(c) The swale shall be sized to convey the 50-year, 24-hour storm.

History

• #9343, eff 1-1-09; ss by #12342 (formerly Env-Wq 1508.18); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.19); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1508.21 Stormwater Control and Conveyance Practices: Earthen Terraced Slope or Benching {#sec-env-wq-1508.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1508.21}

(a) For purposes of this section, “bench” means a terrace having a reverse grade to the grade of the slope.

(b) If diversion swales are incorporated to keep upstream drainage off a constructed slope, benches shall be provided wherever the vertical height between the top of the slope and the bottom of the slope exceeds 40 feet.

(c) If diversion swales are not incorporated to keep upstream drainage off the constructed slope, benches shall be provided wherever the vertical height of:

(1) Any 2:1 slope exceeds 20 feet;

(2) Any 3:1 slope exceeds 30 feet; or

(3) Any 4:1 slope exceeds 40 feet.

(d) Benches shall be located to divide the slope face into equal parts.

(e) Each bench shall:

(1) Convey the stormwater to a stable outlet;

(2) Be a minimum of 6 feet wide; and

(3) Be designed with a reverse slope of 6:1 or flatter from the top of the lower slope to the toe of the upper slope and with a minimum of one foot in depth.

(f) The channel gradient from the bench to the outlet shall be between 2% and 3%.

(g) The flow length within a bench shall not exceed 800 feet.

History

• #9343, eff 1-1-09; ss by #12342 (formerly Env-Wq 1508.19); ss by #13758, eff 9-28-23 (formerly Env-Wq 1508.20); ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1509 Waivers and Deadline Extensions

N.H. Code Admin. R. Ann. Env-Wq 1509.01 Purpose {#sec-env-wq-1509.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1509.01}

The purpose of this part is to establish the procedures and criteria for requesting and obtaining:

(a) Waivers, to accommodate those situations where strict adherence to the rules in Env-Wq 1500 would not be in the best interest of the public or the environment; and

(b) Extensions of deadlines specified in a notice of incompleteness or request for additional information.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1509.02 Waiver Requests {#sec-env-wq-1509.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1509.02}

(a) Any person seeking relief from the criteria of Env-Wq 1503.03 or Env-Wq 1503.12, or an applicant for a permit or a permit holder who is or would be directly and adversely affected by the strict application of a rule in Env-Wq 1500, may request a waiver thereof.

(b) Each request for a waiver shall be filed in writing and contain the information specified in Env-Wq 1509.03.

(c) Any request for a waiver that relates to an application for an AOT permit shall be submitted with the application or as soon thereafter as the need for the waiver is identified by the applicant or the department.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1509.03 Content and Format of Waiver Requests {#sec-env-wq-1509.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1509.03}

(a) The person requesting the waiver shall provide the following information to the department:

(1) The file number assigned pursuant to Env-Wq 1503.13(b);

(2) The specific rule section or paragraph for which a waiver is being requested; and

(3) A full explanation of why the applicant believes that having the waiver granted will meet the criteria in Env-Wq 1509.04.

(b) The applicant or the applicant’s agent shall sign the request as specified in Env-Wq 1503.10.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1509.04 Waiver Criteria {#sec-env-wq-1509.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1509.04}

(a) The department shall grant a waiver if:

(1) Granting the request will not result in an adverse impact on the environment, public health, public safety, or abutting properties that is more significant than the impact that would result from complying with the rule as written; and

(2) One or more of the following conditions is satisfied:

a. Granting the request is consistent with the intent and purpose of the rule being waived; or

b. Strict compliance with the rule in the circumstances presented will provide no benefit to the public or the environment.

(b) No waiver shall be granted for Env-Wq 1503.19(h).

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1509.05 Decision on Waiver Requests; Conditions {#sec-env-wq-1509.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1509.05}

(a) The department shall notify the person requesting the waiver of the decision in writing.

(b) If the request is denied, the department shall identify the specific reason(s) for the denial.

(c) The department shall include such conditions in a waiver as are necessary to ensure that the criteria of Env-Wq 1509.04 will be met.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1509.06 Requests to Extend Deadlines {#sec-env-wq-1509.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1509.06}

(a) An applicant for a permit who has received a notice of incompleteness pursuant to Env-Wq 1503.13(c) who is unable to provide the missing application component(s) by the specified deadline may request an extension of the deadline.

(b) An applicant for a permit who has received a request for additional information pursuant to Env-Wq 1503.14 who is unable to provide the additional information requested by the specified deadline may request an extension of the deadline.

(c) Each request for a deadline extension shall be filed in writing and contain the information specified in Env-Wq 1509.07.

(d) Any request for a deadline extension shall be filed as soon as the applicant realizes the need for an extension.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1509.07 Content and Format of Deadline Extension Requests {#sec-env-wq-1509.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1509.07}

(a) The person requesting the deadline extension shall provide the following information to the department:

(1) The name of the requestor;

(2) A brief description of the application to which the request relates, such as project name, town, and alteration of terrain application file number;

(3) The date of the notice of incompleteness or request for additional information in which the deadline for which an extension is being sought was established;

(4) The deadline that was established;

(5) A full explanation of why an extension is needed;

(6) If the extension is not needed for all of the missing components or additional information, the specific item(s) to which the request applies; and

(7) The alternative deadline proposed by the requestor.

(b) If the deadline extension does not apply to all of the missing components or additional information, the applicant shall submit the item(s) to which the request does not apply by the deadline originally established.

(c) The person(s) requesting the deadline extension shall sign the request as specified in Env-Wq 1503.10.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1509.08 Criteria for Deadline Extensions {#sec-env-wq-1509.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1509.08}

(a) The department shall approve the first request to extend a deadline for submitting additional information if:

(1) A complete request for deadline extension was submitted prior to the established deadline; and

(2) The requested extension does not exceed 60 days from the original date established in the notice of request for additional information.

(b) The applicant is also required to demonstrate that good cause exists to extend the deadline for any additional requests to extend a deadline for responding to a request for additional information.

(c) Good cause to extend a deadline shall be deemed to exist if:

(1) In order to submit the missing component(s) or additional information, the applicant requires information from a third party not under the applicant’s control, and the applicant has not received the information despite making diligent efforts to obtain it; or

(2) The applicant has otherwise been prevented by circumstances beyond the applicant’s control from obtaining or preparing the missing component(s) or additional information.

(d) If the extension extends more than one year past the original date established in the request for additional information, the department shall apply the rules in effect at the time the requested information is received.

(e) The inability to obtain requisite information from a third party based on the applicant’s failure to pay the third party for services rendered shall not constitute good cause to extend a deadline.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1509.09 Decision on Deadline Extension Requests {#sec-env-wq-1509.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1509.09}

(a) The department shall notify the person requesting the deadline extension of its decision in writing.

(b) If the request is denied, the department shall identify the specific reason(s) for the denial in the notice sent pursuant to (a), above.

(c) If the request is granted, the department shall establish the new deadline in the notice sent pursuant to (a), above.

History

• #9343, eff 1-1-09; ss by #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1510 Best Management Practices for Blasting

N.H. Code Admin. R. Ann. Env-Wq 1510.01 Purpose {#sec-env-wq-1510.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1510.01}

The purpose of this part is to establish best management practices for blasting to minimize the potential for groundwater contamination, to ensure that the groundwater can be used for existing and future drinking water supply sources.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1510.02 Applicability {#sec-env-wq-1510.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1510.02}

This part shall apply to all projects for which an AOT permit is required that will involve blasting of bedrock.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1510.03 Loading Practices {#sec-env-wq-1510.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1510.03}

The following blast hole loading practices shall be implemented:

(a) The driller shall maintain drilling logs to document:

(1) The depths and lengths of voids, cavities, and fault zones or other weak zones encountered; and

(2) Groundwater conditions;

(b) The driller shall communicate the contents of the drilling logs directly to the blaster;

(c) Explosive products shall be managed on site such that they are:

(1) Used in the borehole;

(2) Returned to the delivery vehicle; or

(3) Placed in secure containers for off‐site disposal;

(d) Spillage around the borehole shall be:

(1) Placed in the borehole; or

(2) Cleaned up and returned to an appropriate vehicle for handling or placement in secured containers for off site disposal;

(e) Loaded explosives shall be detonated as soon as possible and not left in the blast holes overnight, unless weather or other safety concerns reasonably dictate that detonation should be postponed;

(f) Loading equipment shall be cleaned in an area where wastewater can be properly contained and handled in a manner that prevents release of contaminants to the environment; and

(g) Explosives shall be loaded in accordance with industry standard practices for priming, stemming, decking and column rise to maintain good continuity in the column load to promote complete detonation.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1510.04 Explosive Selection {#sec-env-wq-1510.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1510.04}

Explosive products shall be selected that are:

(a) Appropriate for site conditions and safe blast execution; and

(b) Have the appropriate water resistance for the site conditions present.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1510.05 Prevention of Misfires {#sec-env-wq-1510.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1510.05}

Industry-standard practices shall be implemented to prevent misfires.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1510.06 Muck and Rock Management {#sec-env-wq-1510.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1510.06}

(a) For purposes of this part, the following definitions apply:

(1) “Blasted material” means all of the earth material loosened as a result of the blasting;

(2) “Muck” means the blasted material remaining after the rocks have been removed; and

(3) “Rocks” means the larger pieces of blasted material that are separated from the muck for use elsewhere, including for feedstock of a rock crushing operation.

(b) Muck shall be removed from the blast area as soon as reasonably possible.

(c) Rocks shall be managed so as to prevent water supply wells or surface waters from being contaminated by runoff.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1510.07 Spill Prevention Measures and Spill Mitigation {#sec-env-wq-1510.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1510.07}

(a) Fuel and other regulated substances shall be managed as required by Env-Wq 401.04.

(b) Personnel working at the blast site shall be trained in how to respond to a spill of the regulated substances being used at the site.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1510.08 Fueling and Maintenance of Construction Equipment {#sec-env-wq-1510.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1510.08}

(a) If any construction equipment, including but not limited to earthmoving, excavation, and boring equipment, will be fueled from a tank truck or other container that is moved around the site, the following shall apply:

(1) Portable containment equipment that is sized to contain the most likely volume of fuel to be spilled during a fuel transfer shall be used, where the most likely volume to be spilled is determined based on the fuel transfer rate, the amount of fuel being transferred, the distance between the hose nozzle and pump shut off switch, and the response time of personnel and equipment available at the facility;

(2) The containment equipment shall be positioned to catch any fuel spills due to overfilling the equipment and any other spills that might occur at or near the fuel filler port to that equipment;

(3) The type of containment equipment used and its positioning and use shall account for all of the drip points associated with the fuel filling port and the hose from the fuel delivery truck; and

(4) Personnel shall not leave the immediate area while fuel is being transferred, to ensure that any spills will be of limited volume.

(b) If the site will have a fixed location for fueling construction equipment, the following shall apply:

(1) All fuel containers, including but not limited to skid-mounted tanks, drums, and 5 gallon cans, shall have secondary containment that:

a. Is capable of containing 110% of the volume of the largest fuel storage container; and

b. Has an impervious floor;

(2) Secondary containment for tanks may comprise a metal, plastic, polymer or precast concrete vault providing 110% of the volume of the largest fuel storage container;

(3) For fuel containers, secondary containment may comprise containment pallets;

(4) The area where fuel is transferred shall be a flat, impervious area that:

a. Is adjacent to the fuel container(s); and

b. Extends beyond the full reach, or length, of the fuel hose; and

(5) Secondary containment areas may be in the form of a basin that is:

a. Sloped down to a central low point or bermed along the perimeter;

b. Lined with a continuous sheet of 20 mil or thicker polymer material or appropriate geomembrane liner; and

c. Backfilled with at least 6 inches of sand.

History

• #12342, eff 8-15-17; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1511 Solar Arrays

N.H. Code Admin. R. Ann. Env-Wq 1511.01 Applicability {#sec-env-wq-1511.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1511.01}

(a) The rules in this part shall apply to applications for the construction of solar arrays.

(b) These rules are in addition to all other applicable rules in this chapter.

History

• #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1511.02 Calculation of the Area of Disturbance {#sec-env-wq-1511.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1511.02}

The area of disturbance shall be calculated in accordance with Env-Wq 1503.12(f).

History

• #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1511.03 Slope Plan {#sec-env-wq-1511.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1511.03}

In addition to the requirements of Env-Wq 1504.09, applicants shall submit a slope plan, drawn at a scale of one inch equals 50 feet, or at a scale that provides greater detail, that depicts land slopes with the following color-coding:

(a) Slopes less than or equal to 5% shall be shaded green;

(b) Slopes greater than 5% and less than or equal to 8% shall be shaded yellow;

(c) Slopes greater than 8% and less than 15% shall be shaded orange; and

(d) Slopes greater than 15%, shall be shaded red.

History

• #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1511.04)

N.H. Code Admin. R. Ann. Env-Wq 1511.04 Conditions for Sheet Flow {#sec-env-wq-1511.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1511.04}

Stormwater runoff emanating from panel drip edges shall be assumed to remain in a sheet flow condition provided the following conditions in (a) or (b) are met:

(a) All of the following are met:

(1) The panel drip edges are no more than 75 degrees from parallel to the post-construction land contour lines;

(2) The drip edges of the panels are more than 1.5 feet and less than 10 feet above the land surface;

(3) The stormwater runoff emanating from the panel drip edges flows over at least 25 feet of vegetated area before discharging to a wetland as defined by RSA 482-A; and

(4) The land cover under the panels and in rows separating panels will consist of vegetation with at least 85% vegetative cover, uniformly distributed; or

(b) A level spreader that collects the runoff from the panel drip edges which meets the following:

(1) Runoff is directed to the level spreader through a channel that follows the contour of the slope such that the runoff entering the level spreader does not disturb the integrity of the level spreader;

(2) No more than 6,000 square feet of panel area is directed to the level spreader, unless supporting calculations show that depth of runoff during a 2-year 24 hour storm does not exceed 0.1 feet;

(3) The level spreader lip is no less than 20 feet and no greater than 50 feet in length; and

(4) The runoff from the level spreader is immediately distributed to a vegetated buffer that:

a. Does not have additional runoff directed to the vegetated buffer from upstream developed areas, other than the flow discharged from the level spreader;

b. Is at least 50 feet long;

c. Has a uniform slope that does not exceed 15%; and

d. Is not an area of RSA 482-A jurisdiction.

History

• #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1511.05)

N.H. Code Admin. R. Ann. Env-Wq 1511.05 Calculations for Stormwater Drainage {#sec-env-wq-1511.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1511.05}

(a) Hydrologic analysis shall be performed to demonstrate that the requirements of Env-Wq 1507.05 and Env-Wq 1507.06 are met, unless all of the following criteria are met:

(1) Land slopes are 5% or less;

(2) Conditions for sheet flow, as described by Env-Wq 1511.04, will exist for the full solar array;

(3) The existing ground cover is open space, pasture, grassland, or range, as described by NRCS; and

(4) Gravel or paved access roads and other impervious areas, other than solar panels, account for less than 2% of the area of disturbance.

(b) Subject to (a), above, for projects that require the submission of a hydrologic analysis, the curve number for the area covered by the solar panels shall be assigned as follows:

(1) If conditions of sheet flow exist for the solar panel, pursuant to Env-Wq 1511.04, the curve number for the area covered by the solar panel shall be based on the following land cover:

a. For land slopes less than or equal to 5%, the land cover shall be considered pervious and assigned the curve number of the land cover beneath the solar panels, as defined by NRCS “National Engineering Handbook”, Part 630, Hydrology, March 2020, or Win TR-20, version 3.20.0000, all available as noted in Appendix B; and

b. For land slopes greater than 5%, the land cover shall be considered unconnected, as defined by equation 9-2 in the NRCS “National Engineering Handbook”, Part 630, Hydrology, March 2020, or Win TR-20, version 3.20.0000, all available as noted in Appendix B.

(2) If conditions of sheet flow do not exist for the solar panel, pursuant to Env-Wq 1511.04, the curve number for the area covered by the solar panel shall be based on the following land cover:

a. For land slopes less than or equal to 5%, the land cover shall be considered unconnected, as defined by equation 9-2 in the NRCS “National Engineering Handbook”, Part 630, Hydrology, March 2020, or Win TR-20, version 3.20.0000, all available as noted in Appendix B; and

b. For land slopes greater than 5%, the land cover shall be considered connected and assigned a curve number of 98.

(c) For projects that require the submission of a hydrologic analysis, a curve number soil group plan shall be drawn at a scale of one inch equals 50 feet, or at a scale that provides greater detail, and shall depict the following:

(1) Proposed final contours at 2-foot intervals or less;

(2) The assigned land cover in accordance with (b), above, using distinct symbology for each of the 3 land cover types present: pervious, unconnected, and connected; and

(3) A map legend.

History

• #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1511.06)

N.H. Code Admin. R. Ann. Env-Wq 1511.06 Slope Protection from Channelized Flow {#sec-env-wq-1511.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1511.06}

(a) When the panel drip edges are more than 75 degrees from parallel to the post-construction land contour lines, channel design calculations in accordance with the National Engineering Handbook, Part 654 Stream Restoration Design, Chapter 8 Threshold Channel Design, August 2007, available as noted in Appendix B, shall be submitted when:

(1) Flow paths exceed 300 feet for slopes of 8% or greater, but less than 15%; and

(2) Flow paths exceed 100 feet for slopes greater than 15%.

(b) The plans shall show protective lining of concentrated flow paths as necessary when calculated velocities exceed the velocities for a vegetated surface, as determined with the reference in (a), above.

History

• #13758, eff 9-28-23; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1511.07)

Part Env-Wq 1512 Permit by Notification

N.H. Code Admin. R. Ann. Env-Wq 1512.01 Purpose {#sec-env-wq-1512.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1512.01}

The purpose of this part is to establish a process for eligible projects to obtain a permit by notification (PBN), pursuant to RSA 485-A:17, in lieu of a standard AOT permit, while ensuring compliance with environmental protection standards.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1512.02 Applicability {#sec-env-wq-1512.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1512.02}

This part shall apply to any person seeking a PBN under the criteria and limitations established thereunder.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1512.03 Eligibility {#sec-env-wq-1512.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1512.03}

(a) Subject to (b), below, projects eligible for a PBN shall:

(1) Total less than 150,000 square feet of disturbance, as calculated by Env-Wq 1503.12, and not located within the protected shoreland as defined in RSA 483-B:4; or

(2) Be a solar project with a total generation capacity of less than or equal to 5 megawatts (MW) and not located within the protected shoreland as defined in RSA 483-B:4.

(b) A project meeting the criteria in (a) shall not be eligible for a PBN if the project:

(1) Is an excavation or mining of earth materials project;

(2) Includes an unpermitted disturbance that meets Env-Wq 1503.02(e);

(3) Has a documented, outstanding violation of RSA 482-A, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44 or an administrative rule implementing those provisions; and

(4) Requires a waiver to the application of a rule in Env-Wq 1500.

(c) All projects eligible for a PBN shall meet the design requirements of Env-Wq 1500.

(d) For any project that qualifies for a PBN, the applicant may apply for a full AOT permit as specified in Env-Wq 1503.05.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1512.04 PBN Application Requirements {#sec-env-wq-1512.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1512.04}

(a) To apply for a PBN, the applicant shall submit:

(1) A complete “Alteration of Terrain Permit by Notification Application Addendum” form, NHDES-W-01-002, dated January 2026, available at https://onlineforms.nh.gov?formtag=nhdes-w-01-002;

(2) The information required pursuant to Env-Wq 1503.05;

(3) The information in (1) and (2), above, as PDF files with text that is searchable through optical character recognition (OCR) to aot@des.nh.gov with the project name and location by street address, town or city, and the tax map, lot, block number; and

(4) The application fee required pursuant to RSA 485-A:17, II(a).

(b) By signing the form in (a)(1), above, the applicant and a qualified engineer attest that:

(1) They have reviewed Env-Wq 1512.03, and the project meets the eligibility requirements in Env-Wq 1512.03;

(2) The information requested in Env-Wq 1512.04 is submitted with this application;

(3) Work has not started for which a permit is required but was not obtained;

(4) Temporary water quality protection measures in accordance with Env-Wq 1505.05 that are adequate to prevent violations of the surface water quality (SWQ) standards will be used during the construction phase of the proposed activity and maintained until all areas are stabilized;

(5) The permanent methods for protecting water quality proposed in the application meet the requirements of Env-Wq 1507.02 and are adequate to prevent violations of the SWQ standards;

(6) Changes in runoff hydrology, determined in accordance with Env-Wq 1504.09, will be within the limits allowed by Env-Wq 1507.05 and Env-Wq 1507.06;

(7) Cold weather site stabilization measures, as specified in Env-Wq 1505.06, will be implemented as part of the project if applicable;

(8) The project does not use naturally-occurring wetlands to treat or detain stormwater runoff from the proposed development, unless a permit that specifically allows the impacts has been issued pursuant to RSA 482-A;

(9) Pursuant to RSA 485-A:17, II-b(g), there are no pending enforcement actions under RSA 482-A, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44 or of any rule adopted or permit or approval issued pursuant to RSA 482-A, RSA 483-B, RSA 485-A:17, or RSA 485-A:29-44 on the property for which the project is proposed;

(10) The project meets the requirements and intent of RSA 430:51-57 and Agr 3800 relative to invasive species;

(11) For projects requiring an ecological review in accordance with Env-Wq 1503.08(a), the project has incorporated into the project design all final conservation measures recommended by the ecological review section of the department to assure the project does not appreciably jeopardize the continued existence of threatened and endangered species as defined in Fis 1002.04, if applicable;

(12) The applicant has the legal right to undertake the project on the property; and

(13) No reason specified in Env-C 209 exists for denying the permit.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1512.05 Processing a PBN Application {#sec-env-wq-1512.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1512.05}

(a) If the application contains everything required by Env-Wq 1512.04, the department shall assign the application a file number and provide written notification within 14 days to the applicant that their PBN is complete.

(b) Within 14 days of receipt of a complete application, the department shall provide written notification to the applicant of the acceptance or rejection of the PBN.

(c) The department shall accept a PBN application if the following requirements are met:

(1) The project meets the eligibility requirements in Env-Wq 1512.03;

(2) The information requested in Env-Wq 1512.04 has been submitted; and

(3) The department does not have evidence that work has already been done for which a permit is required but was not obtained.

(d) If the department determines that any of the criteria in (c), above, is not met, the department shall reject the PBN application and apply the fee paid as a credit toward the standard application filing fee for the project.

(e) If the PBN application is rejected, the notice shall specify the reason(s) for the rejection.

(f) If a PBN application is accepted:

(1) The plans and stormwater management report and documentation contained in the permit application submitted to the department with that notification shall be considered part of the

PBN;

(2) The work shall be done in compliance with the criteria listed in Env-Wq 1503.19(a) thorough (j); and

(3) The requirements in Env-Wq 1500 shall apply to the PBN.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1512.06 Duration of PBNs {#sec-env-wq-1512.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1512.06}

A PBN shall expire after 5 years, unless extended pursuant to Env-Wq 1512.07.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

N.H. Code Admin. R. Ann. Env-Wq 1512.07 Amendments to PBNs; Changes to Plans {#sec-env-wq-1512.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1512.07}

(a) The following circumstances shall be eligible for an amendment to a PBN:

(1) The transfer of a PBN to a new permit holder for any permit-related activities that are incomplete;

(2) Minor deviations from the approved plans are proposed; and

(3) Extension of the permit duration.

(b) To apply for an amendment to a PBN, the person requesting the amendment shall complete and submit the amendment request in accordance with Env-Wq 1503.24 prior to conducting any activities that require authorization by amending the PBN.

(c) The project shall not qualify for an amendment if:

(1) Significant deviations from the approved plans are or will be made; or

(2) Changes are made or will be made to the project that results in a project that is no longer eligible for a PBN in accordance with Env-Wq 1512.03.

(d) Changes to a plan that do not meet eligibility for an amendment pursuant to (c), above, shall require authorization from the department by filing a new PBN application or an AOT permit application pursuant to Env-Wq 1503.05.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

Part Env-Wq 1513 Administrative Fine Schedule

N.H. Code Admin. R. Ann. Env-Wq 1513.01 Purpose {#sec-env-wq-1513.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1513.01}

The purpose of Env-Wq 1513 is to establish a schedule of fines which may be imposed under the authority of RSA 485-A:22, V for violations of RSA 485-A:17, of any rule adopted to implement RSA 485-A:17, or of any permit or approval issued under the authority of RSA 485-A:17.

History

• #14079, eff 9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1512.01)

N.H. Code Admin. R. Ann. Env-Wq 1513.02 Fine Amounts for Major Violations {#sec-env-wq-1513.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1513.02}

The proposed fine amount for all knowing violations of RSA 485-A:17, of any rule in Env-Wq 1500, or of any permit or approval issued under the authority of RSA 485-A:17 shall be $2,000 for each offense, including but not limited to:

(a) Submitting false or misleading information relating to any application for a permit or request for approval;

(b) Construction, earth moving, or other alteration of terrain activities without either meeting the conditions required for the general permit by rule or obtaining a permit as required pursuant to Env-Wq 1503;

(c) Conducting a timber harvest without either meeting the conditions required for the timber harvesting permit by rule or obtaining a permit required pursuant to Env-Wq 1503; and

(d) Violating the conditions of a permit issued pursuant to RSA 485-A:17 and Env-Wq 1500.

History

• #14079, eff 9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1512.02)

N.H. Code Admin. R. Ann. Env-Wq 1513.03 Fine Amounts for Moderate Violations {#sec-env-wq-1513.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1513.03}

The proposed fine amount for the following violations shall be $1,500 per offense:

(a) For recklessly or negligently submitting false or misleading information relating to any application for permit required pursuant to RSA 485-A:17 and Env-Wq 1500;

(b) For recklessly or negligently commencing construction, earth moving, or other alteration of terrain activities without either meeting the conditions required for the general permit by rule or obtaining a permit required pursuant to Env-Wq 1503; and

(c) For recklessly or negligently conducting a timber harvest without either meeting the conditions required for the timber harvesting permit by rule or obtaining a permit required pursuant to Env-Wq 1503.

History

• #14079, eff 9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1512.03)

N.H. Code Admin. R. Ann. Env-Wq 1513.04 Fine Amounts for Violations with No Previously Scheduled Fine {#sec-env-wq-1513.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1513.04}

(a) For the purposes of this section, the following definitions shall apply:

(1) “Major deviation from requirement” means the violator deviated from a requirement of a statute or rule to such an extent that there is substantial non-compliance;

(2) “Moderate deviation from requirement” means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met;

(3) “Minor deviation from requirement” means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met;

(4) “Major potential for harm” means a substantial likelihood of causing harm to human health or the environment;

(5) “Moderate potential for harm” means a moderate likelihood of causing harm to human health or the environment; and

(6) “Minor potential for harm” means a small likelihood of causing harm to human health or the environment.

(b) For violating the requirements of, or refusing to comply with, any of the provisions of RSA 485-A:17, and any rule adopted, or permit or approval issued under the authority of RSA 485-A:17, or RSA 485-A:6, VIII, not identified in Env-Wq 1513, the proposed fine for each violation shall be calculated pursuant to Table 1511-1, below, based on the extent of deviation from the requirement and the potential for harm:

Table 1513-1: Matrix for Calculated Fines – Maximum Fine $2,000

Minor Deviation from Requirement

Moderate Deviation from Requirement

Major Deviation from Requirement

Minor Potential for Harm

range: $100 to $500 default: $250

range: $500 to $1,000 default: $750

range: $1,000 to $1,500 default: $1,250

Moderate Potential for Harm

range: $500 to $1,000 default: $750

range: $1,000 to $1,500 default: $1,250

range: $1,500 to $2,000 default: $1,750

Major Potential for Harm

range: $1,000 to $1,500 default: $1,250

range: $1,500 to $2,000 default: $1,750

$2,000

History

• #14079, eff 9-24-24; ss by #14472, eff 1-19-26, EXPIRES: 1-19-36 (formerly Env-Wq 1512.04)

N.H. Code Admin. R. Ann. Env-Wq 1513.05 Administrative Fine Hearings {#sec-env-wq-1513.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1513.05}

Env-C 200 shall apply to all administrative fine hearings and adjudication of the total proposed fine shall be in accordance with Env-C 204.24.

Appendix A: State Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Wq 1501

RSA 485-A:1; RSA 485-A:17

Env-Wq 1502

RSA 485-A:1; RSA 485-A:17

Env-Wq 1503

RSA 485-A:1; RSA 485-A:17

Env-Wq 1503.07(b) and (m)

RSA 485-A:1; RSA 485-A:17; RSA 212-A:9, III

Env-Wq 1503.08

RSA 485-A:1; RSA 485-A:17; RSA 212-A:9, III

Env-Wq 1503.19(h)

RSA 485-A:1; RSA 485-A:17; RSA 212-A:9, III

Env-Wq 1504

RSA 485-A:1; RSA 485-A:17

Env-Wq 1504.07

RSA 485-A:1; RSA 485-A:17; RSA 212-A:9

Env-Wq 1505

RSA 485-A:1; RSA 485-A:17

Env-Wq 1506

RSA 485-A:1; RSA 485-A:17

Env-Wq 1507

RSA 485-A:1; RSA 485-A:17

Env-Wq 1508

RSA 485-A:1; RSA 485-A:17

Env-Wq 1509

RSA 485-A:1; RSA 485-A 17; RSA 541-A:16, I(b);

RSA 541-A:22, IV

Env-Wq 1510

RSA 485-A:1; RSA 485-A:17; RSA 485-C:3

Env-Wq 1511

RSA 485-A:1; RSA 485-A:17

Env-Wq 1512

RSA 485-A:1; RSA 485-A:17

Env-Wq 1513

RSA 485-A:22, V(a)

Appendix B: Incorporated References

Rule (Env-Wq)

Reference (Date/Edition)

How to Obtain

1503.03(d)(3)

Best Management Practices For Erosion Control During Trail Maintenance and Construction, N.H. Trail Construction and Maintenance Manual (January 2017)

N.H. Department of Resources and Economic Development, Division of Parks and Recreation, Bureau of Trails

172 Pembroke Road

Concord, NH 03301

No cost to download from: https://www.nhstateparks.org/getmedia/3c45de00-e174-4df0-b678-4670b254290d/Best-Management-Practices-For-Erosion-Control-During-Trail-Maintenance-and-Construction.pdf

1503.04(b)

Best Management Practices for Erosion Control on Timber Harvest Operations (2016)

N.H. Department of Resources and Economic Development

172 Pembroke Road

Concord, NH 03301

No cost to download from:

https://www.nhdfl.dncr.nh.gov/sites/g/files/ehbemt866/files/documents/timber-harvesting-erosion-control-bmps.pdf

1503.07(k)

New Hampshire Coastal Flood Risk Summary, Part 1: Science (August 2019)

University of New Hampshire

No cost to download at: https://dx.doi.org/10.34051/p/2019.1

1503.07(k)

New Hampshire Coastal Flood Risk Summary, Part II: Guidance for Using Scientific Projections (March 2020)

University of New Hampshire

No cost to download at: https://dx.doi.org/10.34051/p/2020.383

1503.07(q)

1504.09(b)(4) a. & b.2.

1504.13(f)

SSSNE Special Publication No. 3, Version 7.0, Site-Specific Soil Mapping Standards for New Hampshire and Vermont (July 2021)

Society of Soil Scientists of Northern New England

No cost to download from: https://sssnne.files.wordpress.com/2022/02/site-specific-soil-mapping-standards-for-new-hampshire-and-vermont-version-7.0-july-2021.pdf

1503.09(a)(1)c.

FEMA-265: Managing Floodplain Development in Approximate Zone A Areas (1995)

Federal Emergency Management Agency

No cost to download from: https://www.fema.gov/sites/default/files/documents/fema_approx-zone-a-guide.pdf

1503.11(f)(2)

Trip Generation Manual (12th Edition, 2025)

Institute of Transportation Engineers

1627 Eye Street, NW, Suite 600

Washington, DC 20006

USA

Telephone: 202-785-0060

ite_staff@ite.org

Can be ordered at https://www.ite.org/technical-resources/topics/trip-and-parking-generation-v2/trip-generation-info/

1504.09(b) intro

1511.05(b)(1) and (2)a.

Win TR-20, Version 3.20.0000

U.S. Department of Agriculture,

Natural Resources Conservation Service

No cost to download from: https://www.nrcs.usda.gov/resources/tech-tools/wintr-20-system-controllereditor-version-3301

1504.09(b) intro

1511.05(b)(1)a. & b. and (2)a.

National Engineering Handbook, Part 630, Hydrology

(March 2020)

U.S. Department of Agriculture,

Natural Resources Conservation Service

No cost to download from: https://directives.nrcs.usda.gov/sites/default/files2/1712930634/Part%20630%20-%20Hydrology.pdf

1504.09(b)(1)a.

Extreme Precipitation in New York and New England (Version 2.0)

U.S. Department of Agriculture,

Natural Resources Conservation Service

No cost to download from: at http://precip.eas.cornell.edu

1504.09(b)(1)b.

NOAA’s National Weather Service, Hydrometeorological Design Studies Center, Precipitation Frequency Data Server

NOAA

National Weather Service

No cost to download from:

https://hdsc.nws.noaa.gov/pfds/

1504.09(b)(4)c.

1504.14(c)(1)

1507.04(c)(2)

SSSNNE Special Publication No. 5, Ksat Values for New Hampshire Soils (September 2025)

Society of Soil Scientists of Northern New England

No cost to download from:

https://sssnne.com/wp-content/uploads/2025/09/hydrologic-soil-indices-to-be-adopted-september-12-2025.pdf

1504.09(b)(6) 1504.11(b) and (c)

TR-55, Urban Hydrology for Small Watersheds (June 1986)

U.S. Department of Agriculture

Agricultural Research Service

Download at no cost at:

https://www.ars.usda.gov/research/software/download/?softwareid=8

1504.13(e)

Field Book for Describing and Sampling Soils, Version 3.0 (September 2012)

U.S. Department of Agriculture,

Natural Resources Conservation Service

No cost to download from: https://www.nrcs.usda.gov/resources/guides-and-instructions/field-book-for-describing-and-sampling-soils

1504.14(e)(5)

ASTM D8152-18, “Standard Practice for Measuring Field Infiltration Rate and Calculating Field Hydraulic Conductivity Using the Modified Philip Dunne Infiltrometer Test” (July 2022)

ASTM International Headquarters

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Order at https://store.astm.org/d8152-18.html

PDF download available for $80.00

Hardcopy available for $80.00 + S&H

1504.14(e)(6)

ASTM D8550-25, “Standard Test Method for Determination of Infiltration Rate and Calculating Field Hydraulic Conductivity of Field Soils by Sealed Single-Ring Infiltrometer and Multiple Pressure Head Procedure” (August 2025)

American Society for Testing and Materials (ASTM) International Headquarters

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Order at https://store.astm.org/d8550-25.html

PDF download available for $80.00

Hardcopy available for $80.00 + S&H

1504.14(g)(1)

ASTM D2434-22, “Standard Test Methods for Measurement of Hydraulic Conductivity of Coarse-Grained Soils” (April 2022)

ASTM International Headquarters

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA 19428-2959

Order at

https://store.astm.org/d2434-22.html

PDF download available for $80.00

Hardcopy available for $78.00 + S&H

1505.04(b)

1505.06(j)

1508.08(o)(1)

Standard Specifications for Road and Bridge Construction, Table 304-1 (March 2016)

N.H. Department of Transportation

John O. Morton Building

PO Box 483 | 7 Hazen Drive

Concord, NH 03302-0483

Available at no cost at https://www.dot.nh.gov/about-nh-dot/divisions-bureaus-districts/highway-design/highway-standard-specifications/2016

1507.03(j)(1)

& (2)

General Permits for Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in New Hampshire, known as the NH MS4 General Permit (December 7, 2020)

U.S. EPA

Available at no cost at:

https://www.epa.gov/npdes-permits/new-hampshire-small-ms4-general-permit

1508.05(a)

“UNHSC Subsurface Gravel Wetland Design Specifications” (January 2022)

University of N. H. Stormwater Center

Gregg Hall

35 Colovos Road

Durham, NH 03824-3534

Available at no cost at

https://scholars.unh.edu/stormwater/74/

1508.06(a)

“Standard Detail, Bioretention ISR Stormwater System” in the “UNH Stormwater Center Hybrid Bioretention Template” (February 2020)

University of N. H. Stormwater Center

Gregg Hall

35 Colovos Road

Durham, NH 03824-3534

Available at no cost at https://scholars.unh.edu/stormwater/73/

1508.06(g)(3)

Appendix D of the United States Army Corps of Engineers Engineering Manual EM-1110-2-1913 (April 2000)

U.S. Army Corps of Engineers

Available at no cost at:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_1110-2-1913.pdf

1508.08(m)(7)d.

National List of Plant Species That Occur in Wetlands: Northeast (Region 1) (May 1988)

U.S. Department of the Interior

U.S. Fish and Wildlife Service

Available at no cost at:

https://www.fws.gov/media/national-list-plant-species-occur-wetlands-northeast-region-1

1508.08(n)(1)

UNHSC Design Specifications for Porous Asphalt Pavement and Infiltration Beds (February 2014, revised September 2016)

University of N. H. Stormwater Center

Gregg Hall

35 Colovos Road

Durham, NH 03824-3534

Available at no cost at

https://scholars.unh.edu/stormwater/13/

1508.08(o)(2)

ACI SPEC-522.1-13, Specification for Pervious Concrete Pavement (2013)

American Concrete Institute

38800 Country Club Dr.

Farmington Hills, MI 48331-3439

Phone: 1.248.848.3700

Fax: 1.248.848.3701

Purchase for $47.50 (non-members) or $31.00 (members) for:

https://www.concrete.org/store/productdetail.aspx?ItemID=522113

1508.11(c)(1)a.

Quality Assurance Project Plan: The University of New Hampshire Stormwater Center (November 2017)

University of N. H. Stormwater Center

Gregg Hall

35 Colovos Road

Durham, NH 03824-3534

No cost to download from:

https://scholars.unh.edu/stormwater/132/

1508.11(c)(1)b.

The Technology Acceptance and Reciprocity Partnership (TARP) Protocol for Stormwater Best Management Practice Demonstrations (July 2003)

The Technology Acceptance and Reciprocity Partnership

No cost to download from: https://www.mass.gov/files/documents/2016/08/rd/swprotoc.pdf

1508.11(c)(1)c.

Technical Guidance Manual for Evaluating Emerging Stormwater Treatment Technologies, Technology Assessment Protocol Ecology (TAPE) (November 2024)

Washington State Department of Ecology

No cost to download from: https://apps.ecology.wa.gov/publications/documents/1810038.pdf

1511.06(a)

National Engineering Handbook, Part 654 Stream Restoration Design, Chapter 8 Threshold Channel Design (August 2007)

U.S. Department of Agriculture,

Natural Resources Conservation Service

No cost to download from: https://directives.nrcs.usda.gov//sites/default/files2/1720613324/Chapter%2008%20-%20Threshold%20Channel%20Design.pdf

Appendix C: Statutory Definitions

RSA 485:1-a:

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

(c) Does not sell water to any person.

RSA 485-A:2:

IX. “Person” means any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

RSA 485-C:2:

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.

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.

Appendix D: Other Statutory Provisions

RSA 485-A:17:

II. (a) The department shall charge a fee for applications, including project inspections, required under this section. For projects that qualify for a permit by notification allowed by paragraph II-a, the application fee for a permit by notification shall be $3,125. Except for projects that qualify for a permit by notification allowed by paragraph II-a, the fee for [applications encompassing an area of at least [150,000 square feet but less than 200,000 square feet shall be $6,250. An additional fee of $2,500 shall be assessed for each additional area of up to 100,000 square feet to be disturbed. For any property subject to RSA 483-B:9, the fee for review of plans encompassing an area of at least 50,000 square feet but less than 150,000 square feet shall be $5,000. For all other projects, the fee shall be $500 plus $0.005 per square foot of disturbance. No application shall be accepted by the department until the fee required by this paragraph is paid. All fees required under this paragraph shall be paid when plans are submitted for review and shall be deposited in the water resources fund established in RSA 482-A:3, III.

(b) The department shall charge a non-refundable fee of $500 for each request to amend a permit that requires plans to be reviewed.

V. Trail construction operations for the purposes of modifying existing biking and walking trails shall be exempt from the provisions of this section. Such operations shall be considered in compliance with this section and shall be issued a general permit by rule provided such operations are implemented by a non-profit organization, municipality, or government entity, are limited to a disturbed area no more than 12 feet in width, and are in accordance with procedures prescribed in the Best Management Practices for Erosion Control During Trail Maintenance and Construction, published by the department of resources and economic development, bureau of trails in 2004.

History

• #14472, eff 1-19-26, EXPIRES: 1-19-36

Chapter Env-Wq 1600 Septage Management

Part Env-Wq 1601 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 1601.01 Purpose {#sec-env-wq-1601.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1601.01}

These rules implement RSA 485-A:4, XVI-a by establishing standards, criteria, and procedures for a permit system to manage the removal, transportation, and disposal of septage, including the processing and treatment thereof, in order to protect human health and the environment.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1601.02 Applicability {#sec-env-wq-1601.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1601.02}

(a) These rules shall govern:

(1) The processing, treatment, holding, storage, and disposal of septage;

(2) The land application of septage; and

(3) The removal and transportation of septage.

(b) These rules shall not apply to any septage management activity incidental to the operation of a wastewater treatment plant for which a surface water discharge permit or a groundwater discharge permit has been issued by the department under RSA 485-A:13.

(c) Nothing in these rules shall be construed to modify or lessen the powers conferred upon local authorities by health and land use enabling statutes.

(d) Nothing in these rules shall be construed to eliminate the need to also comply with the federal regulations as specified in 40 CFR Part 503.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1601.03 Co-Disposal of Wastes {#sec-env-wq-1601.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1601.03}

Hazardous waste as defined in RSA 147-A:2, VII and solid waste as defined in RSA 149-M:4, XXII, except for wood ash certified for use under Env-Sw 1700 and waste derived products certified for use under Env-Sw 1500, shall not be disposed or processed at a site or facility permitted by these rules.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Part Env-Wq 1602 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1602.01 Abutter {#sec-env-wq-1602.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.01}

“Abutter” means any person who owns property adjacent to, or across a road, railroad bed, stream, or river from the property on which a septage management activity will be conducted.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.02 Agronomic rate {#sec-env-wq-1602.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.02}

“Agronomic rate” means the septage application rate that is designed to:

(a) Provide the amount of nitrogen, phosphorus, or other nutrient(s) needed by the agricultural crop or vegetation sufficient to prevent erosion;

(b) Minimize the amount of nitrogen that passes below the root zone of the agricultural crop or the vegetation to the groundwater or the amount of phosphorus that runs off to the surface water; and

(c) Increase the percent of organic matter in the top 6 inches of soil sufficient to establish a perennial vegetative cover.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.03 Ambient groundwater quality standards {#sec-env-wq-1602.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.03}

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

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.04 Applicant {#sec-env-wq-1602.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.04}

“Applicant” means any person who applies to the department for a permit.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.05 Beneficial use {#sec-env-wq-1602.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.05}

“Beneficial use” means taking advantage of the nutrient content and soil conditioning properties, or both, of septage by supplying agronomic and soil conditioning benefits such as the nitrogen, phosphorus, micronutrients, or organic matter needs for a crop, forested land, or a nursery. Beneficial use includes land application at approved agronomic rates.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.06 Closure {#sec-env-wq-1602.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.06}

“Closure” means the procedures used to cease the use of a facility, or a portion thereof, in a manner that will minimize future risks to public health or the environment and includes all required post-closure inspection, monitoring, and maintenance activities.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.07 CFR {#sec-env-wq-1602.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.07}

“CFR” means the code of Federal Regulations published by the Office of the Federal Register National Archives and Records Administration.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.08 Council {#sec-env-wq-1602.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.08}

“Council” means the water council established by RSA 21-O:7.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.09 Department {#sec-env-wq-1602.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.09}

“Department” means the department of environmental services.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.10 Disposal {#sec-env-wq-1602.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.10}

“Disposal” means the discharge to a facility or site.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.11 Domestic septage {#sec-env-wq-1602.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.11}

“Domestic septage” means either liquid or solid material removed from a septic tank or similar treatment works that receives only domestic sewage from household activities. Domestic septage does not include liquid or solid material removed from a septic tank or similar treatment works that receives either commercial, institutional wastewater not generated from a household activity, or industrial wastewater and does not include grease removed from a grease trap.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.12 Enclosed septage facility {#sec-env-wq-1602.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.12}

“Enclosed septage facility” means a facility located within a permanent structure which has provisions for odor control and septage treatment using means such as biological or chemical treatment of the septage or treatment to separate the solids from the liquid matrix for further processing.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.13 Exceptional quality (EQ) {#sec-env-wq-1602.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.13}

“Exceptional quality (EQ)” means a designation of solids derived from septage which indicates that the solids:

(a) Meets pathogen reduction requirements for septage or septage solids under 40 CFR part 503.32(a);

(b) Meets one of the vector attraction reduction requirements for septage or septage solids of 40 CFR part 503.33(b)(1) through (8);

(c) Has a density of fecal coliform of less than 1,000 Most Probable Number (MPN) per 4 grams dryweight for solids; and

(d) Does not exceed any maximum contamination limits for constituents as specified in Env-Wq 1610.03(c).

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.14 Facility {#sec-env-wq-1602.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.14}

“Facility” means a location or system for the processing, treatment, or disposal of septage and septage solids, other than land application at a permitted site. Septage facilities include, but are not limited to septage lagoons, septage treatment facilities, and monofills. Facilities do not include septage holding tanks.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.15 Filtrate {#sec-env-wq-1602.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.15}

“Filtrate” means a fluid derived from the dewatering of domestic septage, which no longer has the chemical or biological characteristics of raw septage.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.16 Floodway {#sec-env-wq-1602.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.16}

"Floodway" means the stream channel plus that portion of the overbanks that must be kept free from encroachment in order to discharge the one percent annual chance flood without increasing flood levels by more than one foot, which is adopted into a local floodplain management ordinance.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.17 Footprint {#sec-env-wq-1602.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.17}

“Footprint” means the area of a site or facility in which septage management activity actually occurs.

History

• . #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13; ss by #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.18 Generator {#sec-env-wq-1602.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.18}

“Generator” means the person who holds title to the septage treatment facility or has been issued an exceptional quality certificate in accordance with Env-Wq 1610 and produces or distributes septage solids.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.19 Governing body {#sec-env-wq-1602.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.19}

“Governing body” means “governing body” as defined in RSA 21:48, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.20 Hauler {#sec-env-wq-1602.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.20}

“Hauler” means any person engaged in the removal or transportation of septage from, or to New Hampshire.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.21 Hold {#sec-env-wq-1602.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.21}

“Hold” means the consolidation of up to 30,000 gallons of septage by a septage hauling company for later removal to a permitted site, permitted septage facility or wastewater treatment plant. The term includes “holding.”

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.22 Lagoon {#sec-env-wq-1602.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.22}

“Lagoon” means a pit or excavation designed to receive septage.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.23 Land application {#sec-env-wq-1602.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.23}

“Land application” means the placement of domestic septage on the ground surface at agronomic rates for beneficial use, whether or not the material is incorporated, injected, or spread on top of the surface of the soil.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.24 Locally-accessible place {#sec-env-wq-1602.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.24}

“Locally-accessible place” means a location in the town or city where the septage management activity is proposed that is open to the public. The term include(s) the town or city hall, a public school building, selectmen’s office, or public library.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.25 Management {#sec-env-wq-1602.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.25}

“Management” means the practice of supervising, controlling, or undertaking any septage activity regulated under these rules. The term includes “manage.”

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.26 Modify {#sec-env-wq-1602.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.26}

“Modify” means change to any aspect of the operation or any process at a septage site or facility in a manner that has the potential to impact human health, groundwater, or the environment.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.27 Operator {#sec-env-wq-1602.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.27}

“Operator” means the person responsible for managing the septage activity at a site, facility, or transfer location.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.28 Owner {#sec-env-wq-1602.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.28}

“Owner” means the person who holds title to the land on which septage is managed or is proposed to be managed.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.29 Permit {#sec-env-wq-1602.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.29}

“Permit” means the written document issued by the department which authorizes the holder to manage the site or facility or to use the identified tank and vehicle to remove, transport, store, transfer, or dispose of septage according to the terms of the document.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.30 Permit holder {#sec-env-wq-1602.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.30}

“Permit holder” means the person to whom a permit has been issued by the department.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.31 Person {#sec-env-wq-1602.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.31}

“Person” means “person” as defined in RSA 485-A:2, IX, namely, “any municipality, governmental subdivision, public or private corporation, individual, partnership, or other entity.”

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.32 Political subdivision {#sec-env-wq-1602.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.32}

“Political subdivision” means "political subdivision" as defined in RSA 541-B:1, VI, namely “any village district, school district, town, city, county, or unincorporated place in the state”.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.33 Poorly drained {#sec-env-wq-1602.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.33}

“Poorly drained” means a type of soil where water is removed so slowly that the soil is wet at shallow depths periodically during the growing season or remains wet for long periods. The occurrence of internal free water is shallow or very shallow and common or persistent. Free water is commonly at or near the surface long enough during the growing season so that most mesophytic crops cannot be grown, unless the soil is artificially drained, but the soil is not continuously wet directly below plow depth.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.34 Processing {#sec-env-wq-1602.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.34}

“Processing” means any activity intended to reduce the volume of septage or alter its chemical, biological, or physical state including pH adjustment of septage for odor control or pathogen reduction, screening to remove plastics and other foreign objects prior to land application, and dewatering of septage at its source.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.35 Recreational vehicle {#sec-env-wq-1602.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.35}

“Recreational vehicle” means "recreational vehicle" as defined in RSA 216-I:1, VIII, reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.36 Septage {#sec-env-wq-1602.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.36}

“Septage” means “septage” as defined by RSA 485-A:2, IX-a, namely “material removed from septic tanks, cesspools, holding tanks, or other sewage treatment storage units, excluding sewage sludge from public treatment works and industrial waste and any other sludge.” Septage includes solids and other material removed from septage lagoons, waste from portable toilets and Type III marine sanitation devices, and grease interceptor and grease trap waste that has been co-mingled with wastewater.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.37 Septage holding tank area {#sec-env-wq-1602.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.37}

“Septage holding tank area” means a place where septage from a permitted septage hauling company is accumulated for collection and subsequent removal to a permitted site or facility without treatment.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.38 Septage treatment facility {#sec-env-wq-1602.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.38}

“Septage treatment facility” means a processing facility or group of devices that treats or dewaters domestic septage through alteration of one or more of the physical, chemical, or biological qualities of the septage, and which dewaters and manages solids removed from the septage, provided however that a device that dewaters septage at the tank from which it is pumped and returns the filtrate to the tank is not a septage treatment facility.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.39 Site {#sec-env-wq-1602.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.39}

“Site” means a contiguous land area owned by the same person on which septage is land applied, even if the land area is divided by a highway, rail bed, water body, or boundary of a political subdivision.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.40 Stockpiling {#sec-env-wq-1602.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.40}

“Stockpiling” means the stacking of septage solids having a solids content greater than 15% at a permitted site or facility.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.41 Storage {#sec-env-wq-1602.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.41}

“Storage” means the consolidation of more than 30,000 gallons of septage for later removal to a permitted site, permitted septage facility, or wastewater treatment plant.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.42 Surface waters {#sec-env-wq-1602.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.42}

“Surface waters” means “surface waters of the state” as defined in RSA 485-A:2, XIV, namely “perennial and seasonal streams, lakes, ponds and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.” Surface waters include rivers and wetlands but do not include non-tidal drainage ditches which were designed, built, and used to convey wastewater or stormwater. The term also does not include constructed wetlands, lagoons, and other treatment systems designed and built solely as wastewater or stormwater treatment systems.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.43 Transfer {#sec-env-wq-1602.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.43}

“Transfer” means:

(a) For purposes of land ownership, the conveyance of a fee simple interest in real estate; or

(b) For purposes of permit ownership, a change in the ownership or operational control of a person holding a permit, as follows:

(1) For a partnership, a change in the majority of general partners;

(2) For a corporation, the conveyance of all corporate assets or of a majority of voting shares to a new person;

(3) For other organizations, a transfer of the control of the organization to a new person; and

(4) For an individual, transfer of control to another person.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.44 Vector {#sec-env-wq-1602.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.44}

“Vector” means a carrier that is capable of transmitting a pathogen from one organism to another, including but not limited to flies and other insects, rodents, birds, and other vermin.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.45 Very poorly drained {#sec-env-wq-1602.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.45}

“Very poorly drained” means a type of soil where water is removed from the soil so slowly that free water remains at or very near the ground surface during much of the growing season. The occurrence of internal free water is very shallow and persistent or permanent. Unless the soil is artificially drained, most mesophytic crops cannot be grown. The soils are commonly level or depressed and frequently ponded. If rainfall is high or nearly continuous, slope gradients could be greater.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1602.46 Wastewater treatment plant {#sec-env-wq-1602.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1602.46}

“Wastewater treatment plant” means, "wastewater treatment plant" as defined in RSA 485-A:2, XVI-a., namely, “the treatment facility or group of treatment devices which treats domestic or combined domestic and industrial wastewater through alteration, alone or in combination, of the physical, chemical, or bacteriological quality of the wastewater and which dewaters and handles sludge removed from the wastewater.”

History

• . #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13; ss by #13944, eff 4-27-24

Part Env-Wq 1603 Permit and Certification Requirements; and Application Processing

N.H. Code Admin. R. Ann. Env-Wq 1603.01 Permit or Certification Required {#sec-env-wq-1603.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.01}

(a) No person shall manage or dispose of septage at any place in New Hampshire, excluding transport, which does not have at least one of the following:

(1) A site, facility, or septage holding tank permit issued in accordance with Env-Wq 1600;

(2) A wastewater treatment plant permit or groundwater discharge permit issued under RSA 485-A:13;

(3) A solid waste facility permit issued under RSA 149-M; or

(4) A groundwater release detection permit or a groundwater management permit issued under RSA 485-C.

(b) Subject to Env-Wq 1603.02(d), a septage hauler permit as specified in Env-Wq 1603.03 and Env-Wq 1605 shall be obtained prior to transporting any of the following over public roads or public waters:

(1) Septage;

(2) Sewage from collection systems;

(3) Grease which has been co-mingled with wastewater;

(4) Portable toilet waste; or

(5) Marine sanitation waste.

(c) A site permit as specified in Env-Wq 1608shall be obtained prior to initiating the land application of septage that does not possess a valid EQ certification.

(d) Except as provided in Env-Wq 1603.02, a septage facility permit as specified in Env-Wq 1609 shall be obtained prior to initiating:

(1) The processing, treatment, or disposal of septage;

(2) Any septage dewatering operation where the resultant septage or solids are to be used or disposed on-site;

(3) The construction, operation, and closure of septage lagoons; or

(4) The construction, operation, and closure of storage and stockpiling lagoons and unsealed septage holding tanks.

(e) A septage holding tank permit as specified in Env-Wq 1606.02 shall be obtained prior to holding septage in a septage holding tank.

(f) A certification as specified in Env-Wq 1603.04 and Env-Wq 1610 shall be obtained prior to land application of EQ solids.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.02 Permit Not Required {#sec-env-wq-1603.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.02}

A permit shall not be required for:

(a) Alkaline stabilization of septage within a permitted septage hauling vehicle or at a site permitted for septage land application;

(b) Screening of septage at a permitted septage facility, permitted septage holding tank(s), or a site permitted for septage land application;

(c) Dewatering of septage at its source where the filtrate is returned to the septic tank and the solids are removed off site;

(d) The following septage hauling activities:

(1) The interstate transportation of any septage which is not generated, processed, transferred, stored, used, or disposed of in New Hampshire;

(2) The transportation of EQ solids;

(3) The transportation of marine sanitation waste on public roads within a trailered boat or the transportation of portable toilet waste in a recreational vehicle; or

(e) The land application of EQ solids.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.03 Septage Hauler Requirements {#sec-env-wq-1603.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.03}

In addition to meeting the requirements of Env-Wq 1605, no person shall transport septage or other materials listed in Env-Wq 1603.01(b) on public roads without:

(a) First obtaining a septage hauler permit from the department; and

(b) Having either:

(1) At least one valid written agreement with a permitted disposal facility, land application site, or a septage holding tank permit; or

(2) A written contractual agreement with another hauler who has a valid written agreement with a disposal facility approved by the department.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.04 EQ Solids Certification {#sec-env-wq-1603.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.04}

(a) Subject to (b), below, no person shall land apply, distribute for land application, sell, or give away any septage solids from any generator that does not possess a valid EQ solids certification pursuant to Env-Wq 1610.

(b) EQ certification shall not be required for septage solids which:

(1) Is not land applied for beneficial reuse; or

(2) Is land applied according to the criteria in Env-Wq 1608.09.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.05 Application Content {#sec-env-wq-1603.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.05}

The content of an application shall be as follows:

(a) For a hauler permit, as specified in Env-Wq 1605.01;

(b) For a septage holding tank permit, as specified in Env-Wq 1606.02;

(c) For a site permit, as specified in Env-Wq 1608.01;

(d) For a facility permit, as specified in Env-Wq 1609.01; and

(e) For an EQ certification, as specified in Env-Wq 1610.01.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.06 Application Review and Notice of Comment Period {#sec-env-wq-1603.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.06}

(a) The department shall determine whether the application is complete within 30 days of receipt of an application for:

(1) Any of the permits or certifications listed in Env-Wq 1603.05(a) through (f); or

(2) A permit renewal, transfer, or modification pursuant to Env-Wq 1603.12.

(b) Upon determination by the department that an application is not complete, the department shall provide written notice to the applicant which:

(1) Identifies the deficiencies that caused the application to be deemed incomplete;

(2) Requests that the applicant provide the information needed to complete the application; and

(3) Informs the applicant that if the required information, or a written request for additional time to provide the required information, is not received within 90 days of the date of the notice, then the department shall deny the application.

(c) Upon determination by the department that an application is complete, the department shall provide notice in accordance with (d) and (f), below.

(d) The department shall provide written, or if requested pursuant to (e), below, electronic notice of completeness to:

(1) The applicant and the governing body of the municipality(ies) which received notice pursuant to Env-Wq 1604.01(b)(1); and

(2) For projects within one-quarter mile of the normal high water mark of designated rivers pursuant to RSA 483:15:

a. The department’s rivers coordinator established pursuant to RSA 483:3; and

b. The chairman of the applicable local river management advisory committee established pursuant to RSA 483:8-a.

(e) Any person who wishes to receive electronic notice of completeness from the department in lieu of written notice shall so notify the department by e-mail at sludgeandseptage@des.nh.gov.

(f) For permits listed in Env-Wq 1603.05(c) through (d), the department shall publish a notice as specified in (g) and (h), below, of a 30-day comment period for the pending application on the department's website at www.des.nh.gov.

(g) The notice posted on the department's website shall contain the following information:

(1) The name and mailing address of the applicant;

(2) The locally-accessible place where the application can be reviewed;

(3) The name, address, and telephone number of the person in the department receiving comments;

(4) The type of activity to be conducted if the application is approved;

(5) The proposed location of the site or facility, including the street address and municipality, if applicable;

(6) The name of the owner of the property on which the activity will be located, if applicable; and

(7) The deadline for receipt by the department of written comments or petitions to conduct a public hearing, as provided in Env-Wq 1603.07.

(h) As indicated in the notice, all comments shall be limited in scope to information regarding completeness of the application and any information regarding the applicant’s compliance with all applicable Env-Wq 1600 rules.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.07 Opportunity for Public Hearing; Conduct of Hearing {#sec-env-wq-1603.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.07}

(a) Upon receipt of a petition for a public hearing signed by at least 10 owners of property in the community, or by a municipal official where the activity is proposed to occur, the department shall schedule a public hearing in the municipality in which the activity is proposed to occur.

(b) The department shall publish notice of the hearing and an electronic copy of the application on the department's website at www.des.nh.gov.

(c) The notice posted on the department's website shall contain the following information:

(1) The name and mailing address of the applicant;

(2) The location, date, and time of the public hearing;

(3) The locally-accessible place where the application can be reviewed;

(4) The name, mailing address, and telephone number of the individual in the department receiving comments;

(5) The type of activity to be conducted;

(6) The proposed location, including street address and municipality of the proposed activity;

(7) The name of the owner of the property on which the activity will occur, if other than the applicant; and

(8) The deadline for submittal of written comment to the department after the hearing, which shall be 10 days from the date of the hearing.

(d) At the hearing, the applicant shall:

(1) Make available 3 copies of the application, site plan, management plan, and if applicable, the facility plan, the groundwater monitoring plan, and the closure plan for the public to review;

(2) Make a presentation to the public, summarizing all the information required in the application, the site plan, the management plan, and, if applicable, the facility plan, the groundwater monitoring plan, and the closure plan; and

(3) Respond to questions concerning the proposed septage management activity.

(e) At the hearing, the department shall receive public comment on the application, including information as to its accuracy and completeness.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.08 Decision on Application {#sec-env-wq-1603.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.08}

(a) Subject to (c) and (d), below, within 60 days of receipt of a complete application or, if a hearing is conducted pursuant to Env-Wq 1603.07, within 60 days of the hearing, the department shall approve or deny the application based on the criteria specified in:

(1) Env-Wq 1603.12, for a permit modification;

(2) Env-Wq 1605.06, for a hauler permit;

(3) Env-Wq 1606.04, for a septage holding tanks permit;

(4) Env-Wq 1608.06, for a site permit;

(5) Env-Wq 1609.06, for a facility permit; or

(6) Env-Wq 1610.03, for a EQ certification.

(b) The department shall send written notice of its decision to the applicant and to the governing body of the municipality(ies) to which the notice was sent pursuant to Env-Wq 1604.01(b)(1).

(c) Time spent waiting for the applicant to provide any requested information shall not be included when calculating the 60-day period in (a) above.

(d) If the information submitted with the complete application is insufficient for the department to make a determination that the proposed activity will comply with the applicable requirements of RSA 485-A and these rules, the department shall request that the applicant provide such additional information as the department determines is necessary to make the determination.

(e) If any information requested pursuant to (d), above, is not submitted within 60 days of the department’s request, the application shall be denied.

(f) If conditions or limitations are necessary to protect the environment or the health or safety of the public or of site or facility operators, the department shall include such conditions or limitations in the approval or permit that is issued.

(g) If the application is denied, the department shall provide written notification to the applicant and, in the case of a permit modification or renewal, or a site, facility, or septage holding tank permit, the municipality identified in Env-Wq 1604.01(b)(1), which:

(1) Notes the appropriate sections of the rules and states the specific reasons for the denial; and

(2) Informs the applicant that the decision may be appealed to the water council in accordance with RSA 21-O:7.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.09 Suspension, Revocation, or Refusal to Renew {#sec-env-wq-1603.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.09}

(a) If the department determines, based on available scientific and valid information, that the permitted activity creates an imminent danger to public health or safety or the environment, the department shall suspend the permit in accordance with RSA 541-A:30, III and the provisions of Env-C 200 applicable to adjudicative proceedings.

(b) After issuing a permit, certification, or a waiver, if the department receives information which indicates that good cause, as set forth in (g) below, exists to suspend, or revoke the permit, registration, EQ certification, or waiver, the department shall commence an adjudicative proceeding to suspend or revoke the permit, certification, or waiver in accordance with Env-C 200 and RSA 541-A.

(c) Based on the findings of the adjudicative proceeding, the department shall revoke the permit, certification, or waiver if the department determines that the reason that good cause exists cannot be corrected to conform to applicable requirements.

(d) Based on the findings of the adjudicative proceeding, the department shall suspend the permit, certification, or waiver, subject to (e) below, if the department determines that, while good cause exists, the reason that good cause exists can be corrected to conform to applicable requirements.

(e) If a permit, certification, or waiver is suspended pursuant to (d) above, the department shall not reinstate the permit, certification, or waiver until:

(1) The reason for good cause has been corrected to conform with applicable requirements; and

(2) The permit holder submits a written request to the department requesting that the permit, certification, or waiver be reinstated.

(f) After receiving a request for renewal of a permit, certification, or waiver, if the department receives information which indicates that good cause, as set forth in (g) below, exists to refuse to renew the permit, certification, or waiver, the department shall proceed in accordance with Env-C 200 and refuse to renew the permit, certification, or waiver until the reason for good cause has been corrected to conform with applicable requirements.

(g) Good cause to suspend, revoke, or refuse to issue or to renew a permit, certification, or waiver shall include the following:

(1) The holder of the permit, certification, or waiver has not complied with the conditions of the permit, certification, waiver or these rules;

(2) The plans submitted with the application do not accurately portray the actual site, facility, or management activities;

(3) Any other information submitted in support of the application is not true and complete or is misleading;

(4) The holder of the permit, certification, or waiver has failed to comply with an order of the department relative to septage management, including an order to undertake corrective measures;

(5) The holder of the permit, certification, or waiver has failed to comply with an order of the department relative to a violation of any other law implemented by the department;

(6) The holder of the permit or certification has failed to submit an annual report in accordance with Env-Wq 1605.12, Env-Wq 1606.14, Env-Wq 1608.15, Env-Wq 1609.13, Env-Wq 1611.14, Env-Wq 1612.07, or Env-Wq 1610.06, as applicable; or

(7) The holder of the permit, certification, or waiver has failed to pay any fees or administrative fines owed to the department or any civil or criminal penalties owed to the state as a result of a violation of a law administered by the department.

(h) The department shall inform the applicant that the decision to suspend, revoke, or refuse to renew may be appealed to the water council in accordance with RSA 21-O:7.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.10 Permit Transfer {#sec-env-wq-1603.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.10}

(a) A septage hauler permit or septage holding tank(s) permit shall be issued to the applicant for each tank identified in the application and shall not be sold, assigned, or otherwise transferred by the applicant to any other person or tank unless prior approval is obtained from the department in accordance with (c) and (d) below.

(b) A site, facility, or septage holding tank permit, certification, or any associated waivers shall be issued to the applicant and shall not be sold, assigned, or otherwise transferred by the holder of the permit, certification, or waiver to any other person unless prior approval is obtained from the department in accordance with (c) and (d) below.

(c) The person wishing to transfer a permit, certification, or any associated waivers shall complete and submit to the department:

(1) An "Application for Transfer, Modification, or Renewal of a Septage Permit" form, NHDES-W-09-039, May 2026, available at https://onlineforms.nh.gov/nform?formtag=NHDES-W-09-039;

(2) A copy of the original application;

(3) A copy of the permit, certification, or waiver;

(4) A written explanation of any changes that are proposed to the permit, certification, waiver, the site plan, the facility plan, or the management plan, as applicable;

(5) A list of all changes that will require notification pursuant to Env-Wq 1603.12(e); and

(6) A list of all outstanding violations for the site or facility, if any.

(d) The person to whom the permit, certification, or any associated waivers is proposed to be transferred shall submit a signed certification declaring whether or not the person has been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.

(e) The department shall approve such transfer if:

(1) The holder of the permit, certification, or any associated waivers is in compliance with these rules and all applicable conditions of the permit, certification, or waiver;

(2) Any outstanding violations will be corrected by the current permit or certification holder prior to or as a result of the transfer;

(3) Any proposed changes are in compliance with these rules and all applicable conditions of the permit, certification, or waiver;

(4) Good cause as defined by Env-Wq 1603.09(g) to suspend, revoke, or refuse to renew the permit, certification, or any associated waivers does not exist, unless the reason that good cause exists can be corrected prior to or as a result of the transfer of the permit, certification, or waiver; and

(5) The person to whom the permit, certification, or any associated waivers is proposed to be transferred has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.

History

• #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25; ss by #14572, EXRF, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 1603.11 Transfer of Land Ownership {#sec-env-wq-1603.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.11}

(a) If land that has a permit or any associated waivers associated with it is transferred to a new owner independently of the septage management activity itself, then the holder of the permit or waiver shall notify the department within 10 days of the transfer and shall suspend all activities covered by the permit or waiver until the statement described in (c) below is signed by the new owner and is received by the department.

(b) If a signed statement as described in (c) below does not accompany the notice of land transfer, then upon receipt of the notice the department shall commence a proceeding under Env-C 200 to revoke the permit or waiver. If the holder of the permit or any associated waivers obtains and submits the signed statement, the proceeding shall be terminated.

(c) The new owner shall provide a statement that:

(1) The new owner is aware that the septage management activity that is subject to a permit or any associated waivers exists on the land;

(2) The new owner agrees to the continued operation of the septage management activity; and

(3) The new owner has given permission to the holder of the permit or waiver to enter upon the land for purposes of investigation and operation of the activity, including the implementation of remedial measures, if ordered by the department.

(d) If the new owner chooses to discontinue the activities covered by the permit or waiver, the holder of the permit or waiver shall:

(1) Submit a written statement to the department and to the governing body of the municipality in which the property is located indicating that the activities have been discontinued;

(2) Remove and properly dispose of any tank or other infrastructure specific to the activities that were subject to the permit or any associated waivers; and

(3) If a facility, close the facility in accordance with the approved closure plan.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1603.12 Modification and Renewal of a Permit {#sec-env-wq-1603.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1603.12}

(a) If the department determines, based on all available scientific and valid information, that the permitted activity creates an imminent danger to public health or safety or the environment, the department shall modify or suspend the conditions of a permit without request by the permit holder pursuant to RSA 541-A:30, III and the provisions of Env-C 200 applicable to adjudicative proceedings.

(b) The permit holder shall apply to the department for approval to:

(1) Renew a site, facility, or septage holding tank(s) permit, or

(2) Modify a site, or facility, or septage holding tank(s) permit, or any permitted management activity prior to implementing any changes.

(c) To apply for permit renewal or modification, the permit holder shall complete and submit an "Application for Transfer, Modification, or Renewal of a Septage Permit" form, NHDES-W-09-039, May 2026, available at https://onlineforms.nh.gov/nform?formtag=NHDES-W-09-039 to the department and to the governing body of the municipality in which the site or facility is located and the following information:

(1) A detailed description of all proposed modifications, if any;

(2) Revised site, facility management, or groundwater monitoring plans, highlighting the proposed changes, if any;

(3) If applicable, revised facility plans and specifications for construction and closure stamped by a New Hampshire registered professional engineer;

(4) An explanation of why each proposed change is necessary or desirable;

(5) The effect of the permit renewal or modification on the capacity or life expectancy of the site or septage holding area;

(6) The identification and status of all other federal or state permits or approvals necessary to affect the proposed modifications(s);

(7) The permit holder’s proposed schedule for implementing such changes;

(8) A list and status of any outstanding violations, accompanied by a statement from the permit holder indicating how full compliance shall be attained prior to approval of the renewal or modification;

(9) For renewals or modifications in accordance with (e) below, certification that the notification requirements outlined in Env-Wq 1604.01(a), (b), (c), (d)(1) through (6), and (e) have been met, including a copy of the notice sent to abutters notifying them of the activity; and

(10) Soil samples collected in accordance with Env-Wq 1608.12(e), from each field upon which domestic septage has been applied.

(d) The department shall approve the modification or renewal if it determines that:

(1) All applicable requirements of these rules have been met;

(2) If the applicant is other than the owner, the owner has given permission to the applicant for the modification or renewal;

(3) All other state permits which are necessary for the proposed modification have been applied for;

(4) Management of the septage at the site, facility, or septage holding area is in accordance with the proposed modification and will not violate any statutes or rules administered by the department;

(5) The department can differentiate any groundwater impact resulting from the proposed modification from impacts resulting from the existing or previously permitted activity; and

(6) The permit holder has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by department.

(e) If the proposed permit modification or renewal increases the volume of septage being managed at the site, facility, or septage holding area by more than 25 percent from the volume specified in the original permit, the renewal or modification shall be processed in accordance with Env-Wq 1604 and Env-Wq 1603.06 unless the applicant can demonstrate that the increase will not impact the environment or abutters.

(f) If the department does not approve a permit renewal and any associated waiver(s) before the expiration date of the permit, then the permit and any associated waiver conditions of the existing permit shall be administratively continued until such time the renewal is issued by the department.

History

• #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25; ss by #14572, EXRF, eff 5-15-26, EXPIRES: 5-15-36

Part Env-Wq 1604 Notification Requirements

N.H. Code Admin. R. Ann. Env-Wq 1604.01 Notification Requirements for Permit Applications {#sec-env-wq-1604.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1604.01}

(a) The applicant shall provide notice in accordance with this section upon filing an application with the department for a site, facility, or septage holding tank(s) permit.

(b) The notice shall be provided to:

(1) The governing body of the municipality in which the property on which the proposed septage management activity is to be located and the governing body of any adjacent municipality in which an abutter is located;

(2) All abutters to the property on which the septage management activity is proposed to be located as such abutters and their respective legal mailing addresses are identified in the municipal tax records as of 15 days prior to the date on which notice is provided; and

(3) All other land owners within 600 feet of the footprint on which the activity will occur, as such land owners and their respective mailing addresses are identified in the municipal tax records as of 15 days prior to the date on which notice is provided.

(c) The notice shall be:

(1) In writing; and

(2) Delivered by one of the following methods:

a. Sent by certified mail, return receipt requested;

b. Delivered by hand, in which case a signed acknowledgment from the recipient that the notice was received shall be obtained; or

c. Sent by first class mail, in which case a certificate of mailing shall be obtained from the United States post office at which the notices were mailed.

(d) The notice shall contain the following information:

(1) A statement that an application for a site, facility, or septage holding tank permit, as applicable, has been filed with the department and the type of septage management activity regulated by Env-Wq 1600 that is proposed;

(2) The location of the proposed septage management activity, including street address and municipality;

(3) The names, mailing addresses, email address, and daytime telephone numbers of:

a. The applicant;

b. The on-site operator, if other than the applicant;

c. The owner of the property on which the activity will occur, if different from the applicant; and

d. The lessee of the property on which the activity will occur, if the land is leased and the lessee is other than the applicant;

(4) The estimated annual volume of septage, in gallons, to be received at the property;

(5) The proposed dates of commencement and cessation of the activity;

(6) The location of the locally-accessible place where the application and all supporting information, as required under Env-Wq 1608.01 for site permits, Env-Wq 1609.01 for facility permits, Env-Wq 1606.02 for septage holding tank permits; and

(7) Except for septage holding tank permits, a statement that a 30-day comment period will be advertised by the department in a newspaper of local circulation once it has deemed the application to be complete.

(e) If a person to whom notice is required to be given cannot be located, fails or refuses to sign for the certified mail, or refuses to sign an acknowledgment when the notice is delivered in hand, the person giving the notice shall provide proof to the department that an attempt to deliver the notice was made, which proof shall be submitted to the department with the application in the form of a copy of the certified mail receipt.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1604.02 Annual Notification Requirements for Land Application {#sec-env-wq-1604.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1604.02}

(a) A person who will be land applying septage shall provide notice in accordance with this section at least 14 days before the intended date of the first annual land application of septage.

(b) The notice shall:

(1) Be published in a newspaper of general circulation in the municipality where the land application of septage will occur;

(2) Be posted on the municipality's website where the land application of septage will occur; and

(3) Include the information required in Env-Wq 1604.01(d)(2), (3), (4), and (5).

(c) A copy of the published notice shall be:

(1) Sent to the department at least 10 days before the intended date of the first annual application; and

(2) Posted continually at the entrances to the site beginning no later than 3 days prior to the application and ending no earlier than 3 days after the application.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Part Env-Wq 1605 Septage Hauler Permit Requirements

N.H. Code Admin. R. Ann. Env-Wq 1605.01 Septage Hauler Permit Application Requirements {#sec-env-wq-1605.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.01}

(a) To apply for a septage hauler permit, the person seeking the permit shall:

(1) Complete and submit the "Application for a Septage Hauler Permit" form, NHDES-W-09-036, May 2026, available at: https://onlineforms.nh.gov/nform?formtag=NHDES-W-09-036; and

(2) Submit the fee and certifications specified in (b) through (f), below.

(b) Each application shall be accompanied by the fee specified in Env-Wq 1605.04.

(c) Each application shall include a certification signed by the owner or authorized agent of each permitted site, facility, or wastewater treatment plant to which the applicant proposes to transport septage, which:

(1) Acknowledges the applicant’s intent to beneficially use or dispose of septage at the permitted site, facility, or wastewater treatment plant; and

(2) Authorizes the applicant to use the permitted site, facility, or wastewater treatment plant for such activity.

(d) Each application shall include a certification signed by the applicant that upon issuance of the septage hauler permit, the applicant shall assume complete responsibility for ensuring that all persons who will be transporting septage with the applicant’s vehicle(s) and tank(s) are familiar with the requirements of these rules.

(e) Each application shall include a certification signed by the applicant stating that all vehicles and tank(s) proposed to be used to transport septage will meet all applicable federal and state motor vehicle requirements when in use.

(f) Each application shall include a certification signed by the applicant that the applicant has not been convicted of:

(1) A misdemeanor under any statute administered by the department within the 5 years prior to the date of application; or

(2) A felony in any state or federal court during the 10 years prior to the date of application.

(g) The applicant shall respond to the department’s written request for information within 60 calendar days after the date of the request.

History

• #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25; ss by #14572, EXRF, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 1605.02 Expiration of Septage Hauler Permit {#sec-env-wq-1605.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.02}

A septage hauler permit shall have a duration of 2 years or less and shall expire on January 31 following the second year of the permit term.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.03 Renewal of Septage Hauler Permit {#sec-env-wq-1605.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.03}

Any person to whom a septage hauler permit has been issued who wishes to renew the permit shall submit the information required in Env-Wq 1605.01 to the department no less than 15 days prior to expiration of the permit.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.04 Septage Hauler Permit Fee {#sec-env-wq-1605.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.04}

(a) Subject to (f), below, the applicant shall submit a nonrefundable fee in the amount of $100 for each tank with each application for issuance or renewal of a septage hauler permit.

(b) If a hauler acquires a tank after a permit is issued, prior to placing the additional tank in service the hauler shall provide the information required by Env-Wq 1605.01 to the department along with the fee specified in (a) above for each tank to be added.

(c) Subject to (f), below, the applicant shall submit a fee in the amount of $5 with the application for each tank needing a new or replacement plate.

(d) The fee, if paid by check or money order, shall be made payable to “Treasurer - State of NH.”

(e) The fee shall not be prorated or refunded if the permit term established pursuant to Env-Wq 1605.02 is less than a full 2 years.

(f) Any political subdivision that transports its own septage shall be exempt from the fees specified above.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.05 Criteria for Review {#sec-env-wq-1605.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.05}

The department shall issue or renew, as applicable, a septage hauler permit for the tanks specified in the application if it determines that the following criteria have been met:

(a) The applicant has submitted all information and certifications as required by Env-Wq 1605.01;

(b) If the application is for renewal of an existing permit or if the applicant engages in other septage management activities in addition to transporting, the applicant is in compliance with all applicable requirements of these rules;

(c) All sites, facilities, and septage holding tanks designated for receipt of the septage are permitted to receive, handle, manage, store, use, or otherwise dispose of septage;

(d) The applicant has not been convicted of a misdemeanor under any statute implemented by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application;

(e) The applicant has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department; and

(f) All tanks used to transport septage have been inspected by the department within the previous 2 years and are in compliance with Env-Wq 1605.08.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.06 Vehicle Identification {#sec-env-wq-1605.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.06}

(a) A copy of the septage hauler permit issued pursuant to Env-Wq 1605 shall be retained in the vehicle at all times.

(b) Each septage hauler shall display the hauler’s name, principal place of business, and telephone number on both sides of the vehicle or tank used to transport septage, unless the vehicle or tank is identified as a municipal vehicle in accordance with (e), below.

(c) The information required by (b), above, shall be in permanent and legible lettering at least 3 inches high.

(d) The department shall issue a permit plate that shall be mounted on the rear of the transporting unit no closer than 12 inches to the motor vehicle registration plate.

(e) Municipal vehicles which bear the municipal seal on each side of the vehicle shall not need further identification.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.07 Tank and Hose Maintenance {#sec-env-wq-1605.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.07}

Any hauler who has been issued a permit pursuant to Env-Wq 1605 shall maintain all tanks and hoses used to pump and transport septage in accordance with the following:

(a) Each tank and hose shall be maintained so as not to create unreasonable malodors or a public health hazard;

(b) Each tank shall be watertight;

(c) All piping, valves, and connections shall be accessible and capable of being cleaned;

(d) All inlet and outlet connections and hose supports shall be constructed and maintained such that no material will leak, spill, or run out of the tank or hoses during transfer or transportation; and

(e) Discharge outlets shall be designed to control the flow of discharge without spraying or flooding the receiving area.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.08 Transportation of Septage {#sec-env-wq-1605.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.08}

(a) All tanks shall be inspected by the hauler prior to transport on public roads, or public waters as published pursuant to Env-Wr 900 to ensure that septage will not leak, spill, or run out of the tank or hoses.

(b) All vehicles used to transport the tanks shall be equipped, at all times, with spill control or absorbent materials and disinfectant materials such as hydrated lime or a bleach solution consisting of one part household bleach to 9 parts water, or equivalent, sufficient to treat a 25-gallon spill.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.09 Adding or Replacing Vehicle {#sec-env-wq-1605.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.09}

Whenever a permit holder obtains an additional or replacement vehicle for transporting the tank(s), the permit holder shall:

(a) Notify the department in writing within 10 days of using the vehicle to transport septage;

(b) Supply the vehicle identification number, motor vehicle plate number, and name of issuing state for the vehicle; and

(c) If a replacement vehicle, supply the permit number(s) for any tank(s) that will be transported by the vehicle.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.10 Record Keeping {#sec-env-wq-1605.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.10}

(a) Each septage hauler shall maintain the following information in the vehicle used to transport the tank(s) whenever the vehicle is in transit to a permitted site, facility, septage holding area, or wastewater treatment plant:

(1) The name, street address, including the municipality, and telephone number of each client from where the septage was transported;

(2) The volume of septage, in gallons, received from the client(s) identified pursuant to (1), above; and

(3) The permitted site, facility, septage holding area, or wastewater treatment plant to which the septage is to be delivered.

(b) Every septage hauler shall maintain the following legible records of each load of septage transported:

(1) The date received or picked up;

(2) The name and street address of the client(s) from whom the septage was received;

(3) The volume of the septage transported, in gallons;

(4) The permitted site, facility, septage holding area, or wastewater treatment plant to which the load was discharged; and

(5) The date on which the load was discharged.

(c) The hauler shall retain the records for each permitted tank for a minimum of 5 years after the expiration of the permit to which they relate.

(d) All records shall be made available to the department for review upon request.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.11 Reporting {#sec-env-wq-1605.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.11}

(a) Each hauler shall provide the information required by Env-Wq 1605.11(b) to the operator of the site, facility, septage holding area, or wastewater treatment plant to which the septage is delivered either:

(1) At the time the septage is delivered; or

(2) On a periodic basis agreed to by the hauler and the facility.

(b) Each hauler shall file an annual report with the department that contains the information specified in (c), below, no later than the last business day in January of each year.

(c) For each site, facility, septage holding area, or wastewater treatment plant at which septage was discharged, the report required by (b), above, shall contain a summary of the volume of septage, in gallons, disposed from each town where septage was pumped. Haulers shall not be required to report from what town portable toilet waste was generated.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1605.12 Accidental Release {#sec-env-wq-1605.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1605.12}

(a) In the event of an accidental release of septage, the driver of the vehicle and, if the driver is not the permitted hauler, the hauler shall:

(1) Immediately take action to contain the septage, minimize the environmental impact, and begin clean-up procedures; and

(2) Subject to (b) below, notify the department and local health officer within 24 hours of the release with the following information:

a. The date, time, and street address, and town of the spill;

b. The volume of septage spilled and the volume of septage recovered, both in gallons;

c. The final disposition of the septage that was not recovered;

d. The hauler’s permit number and the name(s) and telephone number of the driver involved in the incident;

e. The approximate distance to surface waters and storm drains within 100 feet of the spill;

f. The actions taken to contain the spill, disinfect the spill area, minimize the environmental impact, and to clean up the area;

g. Future actions necessary to clean up the spill, if applicable; and

h. The contact information of the local health officer who was contacted concerning the spill.

(b) Notification to the department shall not be required if all of the following conditions are met:

(1) The discharge is less than 25 gallons;

(2) The discharge is immediately contained;

(3) The discharge is completely removed within 24 hours and disposed of at a facility identified in Env-Wq 1603.01(a); and

(4) There is no impact to groundwater or surface water.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Part Env-Wq 1606 Septage Holding Tanks

N.H. Code Admin. R. Ann. Env-Wq 1606.01 Use of Septage Holding Tanks {#sec-env-wq-1606.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.01}

A septage holding tank shall only be used by a permitted hauling company as temporary storage for septage:

(a) When access to a permitted site, facility, or wastewater treatment plant is not immediately available and:

(1) The septage hauling vehicle is needed to service a client of the hauler;

(2) To accumulate septage to be land applied; or

(3) For pH adjustment of septage prior to land application; and

(b) When the aggregate amount to be stored in the tanks will be 30,000 gallons or less.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1606.02 Septage Holding Tank(s) Application {#sec-env-wq-1606.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.02}

(a) An applicant for a septage holding tank permit shall complete and submit the "Application for a Septage Holding Tank Permit" form, NHDES-W-09-041, February 2025, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-041;

(b) The plans and specifications required pursuant to Env-Wq 1606.08;

(c) The design criteria required by Env-Wq 1606.09;

(d) The fee required in Env-Wq 1606.03; and

(e) A certification signed by the applicant that the applicant has not been convicted of:

(1) A misdemeanor under any statute administered by the department within the 5 years prior to the date of application; or

(2) A felony in any state or federal court during the 10 years prior to the date of application.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

N.H. Code Admin. R. Ann. Env-Wq 1606.03 Septage Holding Tank Permit Fee {#sec-env-wq-1606.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.03}

(a) Subject to (c), below, the applicant shall submit a nonrefundable fee in the amount of $200 with each application for issuance or renewal of a septage holding tank(s) permit.

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

(c) Any New Hampshire political subdivision proposing to site a septage holding tank(s) shall be exempt from the fee specified in (a) above.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1606.04 Application Review Criteria {#sec-env-wq-1606.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.04}

The department shall issue, renew, or modify a septage holding tank permit if it determines that:

(a) All applicable requirements of these rules have been met;

(b) If the applicant is other than the property owner, the property owner has given written permission to the applicant to file the application and to enter upon the property for purposes of site investigation and operation of the site in the event that the department issues the permit;

(c) All other state permits which are necessary for the operation of the septage holding tank(s) have been applied for;

(d) Management of septage at the site in accordance with the application does not violate any statutes or rules administered by the department;

(e) The applicant has not been convicted of a misdemeanor under any statute implemented by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application;

(f) The applicant has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department;

(g) The proposed septage holding tank operation will not adversely affect the following:

(1) Threatened or endangered species as determined by the NH division of forests and lands-natural heritage bureau and the NH fish and game department;

(2) Classified groundwater protection areas as depicted on the department’s OneStop Data Mapper found at: https://www4.des.state.nh.us/onestopdatamapper/onestopmapper.aspx; and

(3) Any river or segment designated under RSA 483, as shown on the NH designated river corridor web map found at:

https://nhdes.maps.arcgis.com/apps/webappviewer/index.html?id=d3869f998e614d81925481ac71c3903e; and

(h) The aggregate amount of septage to be stored in the tanks shall be 30,000 gallons or less, at any time.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1606.05 Expiration of a Septage Holding Tank(s) Permit {#sec-env-wq-1606.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.05}

A septage holding tank permit issued pursuant to Env-Wq 1606.02 shall expire 10 years from the date of issuance.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1606.06 Renewal/Modification of Septage Holding Tank(s) Permit {#sec-env-wq-1606.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.06}

(a) Any person to whom a septage holding tank permit was issued who wishes to renew or modify the permit shall apply pursuant to Env-Wq 1603.12 and submit the fee required by Env-Wq 1606.03, as applicable, at least 30 days prior to the expiration or modification of the permit.

(b) Any proposed change to the location, design, or operation of a septage holding tank(s) site as permitted by the department shall require approval pursuant to Env-Wq 1603.12.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1606.07 Reporting {#sec-env-wq-1606.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.07}

(a) Each year that a septage holding tank(s) permit is valid, the holder shall submit an annual report to the department by the last business day of January for the prior calendar year, regardless of whether or not septage was received or transferred within the prior calendar year.

(b) The annual report shall contain the following information:

(1) The location of the septage holding tank(s), including street address and town;

(2) The septage holding tank(s) permit number;

(3) The owner’s name, if other than the permit holder;

(4) The total volume of septage, in gallons, received by month and municipality of origin; and

(5) Information for the final disposition of the septage to include:

a. The facility or site name;

b. The amount transferred in gallons;

c. The permit number of the facility or site; and

d. The receiving state of the facility or site.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1606.08 Plans and Specifications {#sec-env-wq-1606.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.08}

Each applicant for a permit for a septage holding tank(s), shall submit a plan that contains or shows the following information:

(a) A locus map which identifies the proposed septage holding tank(s) location;

(b) The footprint of the proposed activity area;

(c) All access roads and access control measures;

(d) All roads, property boundary lines, structures within 100 feet of the septage holding tank(s) location, structures on the property, any easements or rights-of-way which exist on the property, and the setback distances specified in Env-Wq 1609.09(h);

(e) Surrounding land use within 200 feet of the footprint of the proposed activity area on which the septage holding tank(s) is proposed to be located; and

(f) Septage holding tank(s) specifications, including details of tank and piping design, which shall be consistent with the requirements of Env-Wq 1606.09.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1606.09 Design Criteria {#sec-env-wq-1606.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.09}

Septage holding tanks, and transfer hoses shall meet the following design criteria:

(a) The tank shall be watertight;

(b) All piping, transfer hoses, valves, and connections shall be watertight, accessible, and capable of being cleaned, repaired, and replaced;

(c) All inlet and outlet connections shall be constructed and maintained such that no material will leak, spill, or otherwise run out of the tank when it is not intended to;

(d) Except for septage holding tanks that were registered prior to the effective date of the 2005 amendments to these rules, no septage holding tank(s) shall be located within the setback distances identified in Env-Wq 1609.09(h);

(e) Except for septage holding tanks that were registered prior to the effective date of the 2005 amendments to these rules, no septage holding tank(s) shall be permitted on the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency; and

(f) The department shall approve a spill response plan submitted if the applicant demonstrates that the plan is sufficient to prevent septage from impacting groundwaters, surface waters, and abutting properties.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1606.10 Record Keeping {#sec-env-wq-1606.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1606.10}

Every owner of a septage holding tank(s) shall maintain the following records for a minimum of 5 years after the expiration of the permit to which they relate:

(a) For each load of septage received:

(1) The date received or picked up;

(2) The name and address of the client(s) from whom the septage was received; and

(3) The volume of the septage received, in gallons; and

(b) Records indicating the final disposal destination(s) for septage removed from the septage holding tank(s).

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Part Env-Wq 1607 Portable Toilet and Marine Sanitation Device Waste Requirements

N.H. Code Admin. R. Ann. Env-Wq 1607.01 Permit Required {#sec-env-wq-1607.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1607.01}

No person shall remove or transport portable toilet or marine sanitation device waste on public roads or public waters without first obtaining a septage hauler permit pursuant to Env-Wq 1605.01.

24

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1607.02 Use, Maintenance, and Removal of a Portable Toilet {#sec-env-wq-1607.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1607.02}

A portable toilet shall:

(a) Be maintained in a clean and sanitary manner so that it does not constitute a public health threat, provided that a portable toilet maintained in accordance with Portable Sanitation Association International Certification Standards, 1993, shall be presumed to meet this requirement;

(b) Be serviced or removed from a site within 2 weeks of completion of an event or construction project, provided however that the owner of the portable toilet and the lessee may negotiate a longer period up to 30 days;

(c) Be marked with a label indicating the owner’s name and telephone number in permanent and legible lettering at least 2 inches high; and

(d) Be placed no closer than 50 feet to any surface waters of the state.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1607.03 Transportation of a Portable Toilet {#sec-env-wq-1607.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1607.03}

With the exception of toilets in recreational vehicles, self-contained trailers, and trailered boats, no portable toilet shall be transported with any sanitary waste contained within the unit.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1607.04 Design Criteria {#sec-env-wq-1607.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1607.04}

No portable toilet shall be used unless it is certified by its manufacturer as meeting the design criteria specified in ANSI standard Z4.3 that is current as of the date of manufacture.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1607.05 Portable Toilet and Marine Sanitation Device Deodorants and Disinfectants {#sec-env-wq-1607.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1607.05}

(a) Liquids used as deodorants or disinfectants in portable toilet and marine sanitation devices shall be compatible with septage and wastewater treatment plant.

(b) Septage, including septage solids and filtrate, which has been mixed with liquids used as deodorants and disinfectants shall not be land applied.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1607.06 Record Keeping {#sec-env-wq-1607.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1607.06}

(a) Each hauler who services portable toilets shall maintain records indicating the service dates and location for each unit and the final disposal destination.

(b) The hauler shall retain the records for a minimum of 5 years after the expiration of the permit to which they relate.

(c) All records shall be made available to the department for review upon request.

History

• #6991, eff 5-5-99; ss by #8458, eff 10-27-05 (see Revision Note at chapter heading); ss by #10466, eff 11-26-13; ss by #13944, eff 4-27-24

Part Env-Wq 1608 Site Permit Requirements

N.H. Code Admin. R. Ann. Env-Wq 1608.01 Site Permit Requirements {#sec-env-wq-1608.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.01}

(a) Any person proposing to land apply domestic septage shall apply for a site permit.

(b) To apply for a site permit, the applicant shall submit:

(1) The form required by Env-Wq 1608.02;

(2) The fee specified in Env-Wq 1608.05;

(3) The plans, maps, and other information specified in (c), below; and

(4) The certifications specified in (d) and (e), below.

(c) The following information shall be submitted with the application:

(1) The site plan prepared in accordance with Env-Wq 1608.07;

(2) The management plan prepared in accordance with Env-Wq 1608.08;

(3) A site-specific soil map or survey prepared by a New Hampshire certified soil scientist in accordance with Env-Wq 1608.12;

(4) The description of the soil profile characteristics of each soil test pit as required by Env-Wq 1608.12(c);

(5) A legible copy or computer-generated version of the most recent USGS map, largest scale available, with the latitude and longitude specified, showing the approximate location and boundary of the site;

(6) The results of the soil analyses in accordance with Env-Wq 1608.12(e) and (f);

(7) Written verification from:

a. The NH division of forests and lands-natural heritage bureau and the NH fish and game department, indicating whether threatened or endangered species exist on the site;

b. The department’s water supply engineering bureau indicating whether the proposed activity is within a classified GAA or GA-1 groundwater protection area, as depicted on the department’s OneStop Data Mapper found at: https://www4.des.state.nh.us/onestopdatamapper/onestopmapper.aspx; and, if so, any written recommendations concerning the proposed project; and

c. The department’s rivers coordinator if the proposed project is within jurisdiction of any river or segment designated under RSA 483, as designated on the NH designated river corridor web map found at: https://nhdes.maps.arcgis.com/apps/webappviewer/index.html?id=d3869f998e614d81925481ac71c3903e, and if so, any written recommendations concerning the proposed project;

(8) A list of all other state permits which are required for the proposed site and evidence that applications for those permits have been submitted;

(9) The name and address of the locally-accessible place where all information required by Env-Wq 1608.01 can be reviewed; and

(10) A copy of the notice required by Env-Wq 1604.01.

(d) A written certification signed by the applicant that:

(1) The applicant has complied with the notification provisions of Env-Wq 1604.01;

(2) All operators of the site will be informed and trained of the requirements of Env-Wq 1600 prior to working at the site;

(3) A copy of the application has been given to the governing body of the municipality in which the activity is proposed to occur;

(4) The information submitted is accurate; and

(5) The applicant has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application or of a felony in any state or federal court during the 10 years prior to the date of application.

(e) If the applicant is not the property owner, the application shall be accompanied by a written certification from the property owner stating that the property owner is aware the application is being filed, and has given permission to the applicant to file the application and to enter upon the land for purposes of site investigation and operation of the land application site in the event that the department issues the permit.

(f) Each application shall be submitted to the department via first-class mail or email.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.02 Application Form {#sec-env-wq-1608.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.02}

The applicant shall complete and submit the "Application for a Septage Land Application (Site) Permit" form, NHDES-W-09-040, May 2026, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-040.

History

• #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25; ss by #14572, EXRF, eff 5-15-26, EXPIRES: 5-15-36

N.H. Code Admin. R. Ann. Env-Wq 1608.03 Expiration of Site Permit {#sec-env-wq-1608.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.03}

A site permit and any associated waivers issued by the department shall expire 10 years from the date on which the permit was issued.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.04 Renewal of Site Permit {#sec-env-wq-1608.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.04}

Any person to whom a site permit has been issued who wishes to renew the permit shall apply pursuant to Env-Wq 1603.12 to the department at least 30 days prior to expiration of the permit.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.05 Site Permit Fees {#sec-env-wq-1608.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.05}

(a) Subject to (e) and (f), below, a nonrefundable fee in the amount of $300 shall be paid with each application for issuance or renewal of a site permit for land application of septage on sites greater than 10 acres.

(b) Subject to (e) and (f), below, a nonrefundable fee in the amount of $150 shall be paid with each application for issuance or renewal of a site permit for land application of septage on sites greater than 5 but less than or equal to 10 acres.

(c) Subject to (e) and (f), below, a nonrefundable fee in the amount of $100 shall be paid with each application for issuance or renewal of a site permit for land application of septage on sites with 5 or fewer acres.

(d) Fees, if paid by check or money order, shall be made payable to “Treasurer - State of NH.”

(e) Any New Hampshire political subdivision proposing to permit a site for land application shall be exempt from the fee specified in (a) through (c) above.

(f) Sites which also receive a facility permit, in accordance with Env-Wq 1609, shall be exempt from the fees specified in (a) through (c) above.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.06 Criteria for Review {#sec-env-wq-1608.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.06}

The department shall issue or renew a site permit if it determines that:

(a) All applicable requirements of these rules have been met;

(b) If the applicant is other than the property owner, the property owner has given written permission to the applicant to file the application and to enter upon the land for purposes of site investigation and operation of the site in the event that the department issues the permit;

(c) All other state permits which are necessary for the operation of the site have been applied for, and shall be issued to the applicant prior to the first land application activity;

(d) Management of septage at the site in accordance with the application shall not violate any statutes or rules administered by the department;

(e) The applicant has not been convicted of a misdemeanor under any statute implemented by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application;

(f) The applicant has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department;

(g) The applicant has submitted all soil test results and reports required for a site permit pursuant to Env-Wq 1608.12; and

(h) The proposed use of septage will not adversely affect human health and the environment, threatened or endangered species, classified groundwater protection areas, or any river or segment designated under RSA 483.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.07 Site Plan {#sec-env-wq-1608.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.07}

The site plan required under Env-Wq 1608.01(c)(1) shall be:

(a) Based upon a municipal tax map, a surveyed plan, aerial photograph map, or other scaled drawing which identifies the proposed site location at a scale appropriate to delineate the information clearly; and

(b) Marked to show:

(1) A locus map which identifies the proposed site location at a scale appropriate to delineate the information clearly;

(2) The total land area, in acres, to be used for land application;

(3) The boundary lines and land area of each field, in acres, identified by unique field designations;

(4) All access roads, access control measures, and setback distances;

(5) All proposed stockpiling and septage holding tank locations, if applicable;

(6) All easements or rights-of-way which exist on the property;

(7) All proposed measures to control surface water runoff to or from the site and stockpiling locations and comply with Env-Wq 1608.11, if applicable;

(8) Surrounding land use, roads, and property lines within 500 feet of the site;

(9) All soil test pit and auger boring locations;

(10) The approximate location of and distance to all dwellings and structures and water supply wells, whether on or off the site, within 600 feet of the site application footprint;

(11) The names, tax map, lot numbers, and mailing addresses of all abutters;

(12) The name and location of all surface waters within ¼-mile of the site, including the designated river classification and the protected river corridor boundary under RSA 483, New Hampshire rivers management and protection program, if applicable;

(13) The graphic and numerical scale of the plan;

(14) An arrow indicating which direction on the plan is north; and

(15) The location of all poorly and very poorly drained soils on the site as part of the site-specific soil map or survey required in Env-Wq 1608.01(c)(3).

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.08 Management Plan {#sec-env-wq-1608.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.08}

Each site management plan required under Env-Wq 1608.01(c)(2) shall include the following information:

(a) The normal hours of operation of the site;

(b) All proposed route(s) of access to the site;

(c) The method of septage land application, including the method for removal of all non-biodegradable solids and debris prior to septage stabilization and land application;

(d) Stockpiling or storage provisions, if applicable;

(e) The volume of septage, in gallons, expected on a periodic basis, such as daily, weekly, or monthly, and the estimated annual volume;

(f) The proposed measures to meet pathogen reduction and vector attraction reduction requirements specified in Env-Wq 1608.09(a)(1);

(g) A description of the record keeping procedures, as required by Env-Wq 1608.14;

(h) A detailed odor control plan explaining:

(1) The procedures that shall be used to address and resolve any odor complaints;

(2) The name, mailing address, email address, and daytime telephone number of the individual(s) who shall be responsible for responding to odor complaints; and

(3) Site management techniques and any material used that shall be employed to minimize odors;

(i) A nutrient management plan for the final mixture to be land applied for each field, specific for each crop or vegetation type, containing the following information:

(1) The crops or vegetation to be grown;

(2) A copy of the farm or site nutrient management recommendations, including a phosphorous site index evaluation, developed in accordance with guidelines of UNH cooperative extension, USDA Natural Resources Conservation Service, NH department of agriculture, markets, and food, or other agricultural or crop advisor certified through the certified crop advisor program administered by the American Agronomy Society;

(3) The agronomic rate calculations for land application of septage performed in accordance with 40 CFR Part 503, based on the limiting nutrient in the septage for, nitrogen and phosphorus;

(4) The proposed disposition of crops grown and expected annual yield of each crop; and

(5) The proposed type and quantity of all other soil amendments and nutrient sources to be used on the site including animal manure; and

(j) Any other best management practices which shall be implemented at the site to ensure compliance with these rules.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.09 Land Application Standards {#sec-env-wq-1608.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.09}

(a) The operation of all sites which manage septage through land application shall comply with:

(1) The federal regulations as specified in 40 CFR part 503; and

(2) The requirements specified herein.

(b) No septage shall be land applied on frozen or snow covered ground or when the ground is saturated due to precipitation or flooding.

(c) No septage shall be land applied on agricultural land which has a slope greater than 15 percent, that is, a 15 foot rise in 100 feet.

(d) Septage land applied on agricultural land or forested land which has a slope greater than 8 percent shall be applied in no fewer than 4 separate applications, each of which is no more than 25 percent of the total agronomic rate, at least 48 hours apart.

(e) Septage shall be land applied in an even layer so as not to result in ponding or runoff of material.

(f) Prior to septage stabilization and land application, septage shall be screened or otherwise processed in accordance with the management plan submitted and approved in accordance with Env-Wq 1608.08 to remove all visible or identifiable plastics and all other non-biodegradable solids.

(g) No septage shall be land applied on poorly or very poorly drained soils.

(h) No septage shall be land applied in a floodway.

(i) Animals shall not be grazed on land on which septage has been land applied until 45 days after the last application of septage unless methods to reduce adherence to the crop or vegetation are used in conformance with the approved management plan.

(j) Land application sites shall be posted, for the life of the permit, with signs which:

(1) Contain the emergency contact name and telephone number of the operator printed with block letters not less than 2 inches in height;

(2) State: “NO TRESPASSING - Septage land application site” printed with block letters not less than 2 inches in height;

(3) Contain the name and address of the owner or lessee of the property; and

(4) Are located at gates, bars, and commonly-used entrances.

(k) Only domestic septage as defined in Env-Wq 1602.11, excluding portable toilet and marine sanitation device waste, shall be land applied.

(l) If the annual agronomic soil test report recommendations provide that no phosphorus is required for the permitted field(s), then no septage containing phosphorus shall be land applied until a subsequent soil test report includes recommendations of the need for phosphorus.

(m) All agronomic soil tests shall include recommendations for at least nitrogen, phosphorus, and potassium.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.10 Required Setback Distances For Land Application {#sec-env-wq-1608.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.10}

(a) No person shall land apply septage within the setback areas specified in Table 1608-1, subject to (b) below:

Table 1608-1: Setback Distances For Land Application (in feet)

Surface Water:

Designated river under RSA 483

250^e

Other surface water

125^a

Non-Tidal Drainage Ditch

50

Downgradient Water Supplies:

Community Wells

400^b

Other Wells

300

Surface Drinking Water Source

500

Property Lines

50^c

Public Roads other than federal interstate highways

50

Federal Interstate Highways

50

Nearest Residential Off-site Dwelling

100^c

Groundwater Depth for Land Application

2^d

Bedrock / Restrictive Layer

2

(b) The following notes shall apply to Table 1608-1:

(1) The letter “a” shall indicate that the distance to surface waters may be reduced to 75 feet if the material is incorporated within 48 hours and the slope is less than 8 percent;

(2) The letter “b” shall indicate those community public water supply wells which withdraw greater than 57,600 gallons over a 24-hour period;

(3) The letter “c” shall indicate that the distance to property lines and to residential off-site dwellings may be reduced through written agreement with affected party(ies);

(4) The letter “d” shall indicate the depth to estimated seasonal high water table; and

(5) The letter “e” shall indicate that all septage land applied within ¼-mile of a designated river shall be immediately incorporated into the soil or injected in accordance with RSA 483:9.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.11 Septage Stockpiling {#sec-env-wq-1608.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.11}

(a) Any person stockpiling septage containing 15 percent or greater solids for longer than 7 days shall cover the stockpile with an odor control material, such as lime or wood ash which has been approved for such use pursuant to Env-Sw 1700 to minimize odors.

(b) A septage stockpile shall be maintained to minimize water run-on and run-off.

(c) Stockpiling of septage shall not be permitted for greater than 48 hours within the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(d) Stockpiling of septage shall not be permitted on any poorly or very poorly drained soils.

(e) Septage containing less than 15 percent solids shall be stored or stockpiled in a permitted septage holding or lined lagoon.

(f) Stockpiling of septage shall not be permitted within a floodway.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.12 Soil Testing for Land Application Sites {#sec-env-wq-1608.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.12}

(a) One soil test pit or auger boring shall be taken to a depth of at least 40 inches for each soil mapping unit present on the USDA NRCS county soils map, but no less than one every 5 acres.

(b) An analysis of the soil test pits or auger borings required by (a) above, shall be performed that includes a description of the soil profile characteristics, depth to the estimated seasonal high water table, depth to restrictive feature, and depth to bedrock.

(c) Soil samples from each field proposed to be used for the land application of domestic septage shall be collected and analyzed in accordance with (e) below, within 6 months prior to submittal of the initial permit application.

(d) Soil samples from each field upon which domestic septage has been applied shall be collected prior to the first land application of domestic septage within 6 months prior to renewal of a permit in accordance with Env-Wq 1604.08.

(e) The soil samples collected pursuant to (c) and (d), above, shall be analyzed pursuant to the applicable method(s) in EPA SW-846, available as noted in Appendix B, for the following constituents and reported in the following unit of measure:

(1) Total arsenic, measured as mg/kg;

(2) Total cadmium, measured as mg/kg;

(3) Total chromium, measured as mg/kg;

(4) Total copper, measured as mg/kg;

(5) Total lead, measured as mg/kg;

(6) Total mercury, measured as mg/kg;

(7) Total molybdenum, measured as mg/kg;

(8) Total nickel, measured as mg/kg;

(9) Total selenium, measured as mg/kg;

(10) Total zinc, measured as mg/kg; and

(11) Per- and polyfluoroalkyl substances (PFAS) (40 compound list under CWA 1633 and within section F of Table 1610-1), measured as ng/g.

(f) Soil samples from each field used for land application shall be collected for the following:

(1) Soil acidity, measured as pH;

(2) Mehlich buffer lime requirement;

(3) Calcium;

(4) Magnesium;

(5) Potassium;

(6) Phosphorus; and

(7) Organic matter.

(g) The soil samples collected in (f) above, shall be collected on a yearly basis no more than 90 days prior to the initial application for that year and analyzed through the UNH cooperative extension soil testing program, or by a laboratory using a certified agronomist to calculate nutrients.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.13 Criteria for Review of Soil Testing Results {#sec-env-wq-1608.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.13}

Land application of septage shall not be allowed if the soil metals tested under Env-Wq 1608.12(e) exceed the following concentrations, expressed as the total concentration on a dry weight basis:

(a) For arsenic, 11 mg/kg;

(b) For cadmium, 32 mg/kg;

(c) For chromium, 1000 mg/kg;

(d) For copper, 1500 mg/kg;

(e) For lead, 400 mg/kg;

(f) For mercury, 1 mg/kg;

(g) For molybdenum, 11 mg/kg;

(h) For nickel, 580 mg/kg;

(i) For selenium, 260 mg/kg; and

(j) For zinc, 1000 mg/kg.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.14 Record Keeping {#sec-env-wq-1608.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.14}

(a) Every site permit holder shall maintain records of each load of septage received at the site, including identification of:

(1) The date received;

(2) The name and permit number of the hauler delivering the load;

(3) The volume of each load of septage received in gallons;

(4) The name and address of the person(s) from which the material originates; and

(5) The date land applied and the amount spread on each field.

(b) The site permit holder shall retain all site plans, management plans, and records generated during the period of permitted activity for a minimum of 5 years after the expiration of the site permit(s) to which they relate.

(c) All records shall be made accessible to the department for review upon request.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1608.15 Reporting {#sec-env-wq-1608.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1608.15}

(a) At least 10 days prior to commencement of each yearly septage land application activity, the permit holder shall submit the following information to the department for each site:

(1) The permit number for the site;

(2) An updated nutrient management plan as required by Env-Wq 1608.08(i); and

(3) A copy of the published notice required by Env-Wq 1604.02(c).

(b) Every site permit holder shall submit an annual report for each site to the department by the last business day of January for each previous year in which the permit is valid, regardless of whether the site received or processed septage during the previous calendar year.

(c) The annual report shall contain the following:

(1) The site location, including address and town;

(2) The permit number;

(3) The owner’s name;

(4) The crops grown for each field and the crop disposition; and

(5) The quantity of septage applied to each field.

(d) If any of the information differs from that previously supplied to the department concerning the activity, the permit holder shall note those differences in the annual report.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Part Env-Wq 1609 Facility Permit Requirements

N.H. Code Admin. R. Ann. Env-Wq 1609.01 Facility Permit Application {#sec-env-wq-1609.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.01}

(a) Any person proposing to operate a septage facility shall apply for a facility permit.

(b) To apply for a facility permit, the applicant shall submit:

(1) The form required by Env-Wq 1609.02;

(2) The fee specified in Env-Wq 1609.05;

(3) The plans, maps, and other information specified in (c), below; and

(4) The certifications specified in (d) and (e), below.

(c) The following shall be submitted with the application:

(1) If applicable, facility plans and specifications for construction and closure stamped by a professional engineer registered in the state of New Hampshire;

(2) The facility plan prepared in accordance with Env-Wq 1609.07;

(3) The management plan prepared in accordance with Env-Wq 1609.08;

(4) The hydrogeologic evaluation and the groundwater monitoring plan prepared in accordance with Env-Wq 1612;

(5) A site-specific soil map or survey prepared by a New Hampshire certified soil scientist in accordance Env-Wq 1608.12;

(6) A legible copy or computer generated version of the most recent USGS map showing the location of the facility with the latitude and longitude specified;

(7) Written verification from:

a. The New Hampshire division of forests & lands-natural heritage bureau, https://www.nh.gov/nhdfl/land-conservation/natural-heritage-bureau.htm, and the NH department of fish and game, https://www.wildlife.nh.gov/wildlife-and-habitat/nongame-and-endangered-species/environmental-review, indicating whether threatened or endangered species exist on the site and if so, any requirements concerning the proposed project;

b. The department indicating whether the proposed activity is within a classified GAA or GA-1 groundwater protection area, as depicted on the department’s OneStop Data Mapper found at: https://www4.des.state.nh.us/onestopdatamapper/onestopmapper.aspx, and, if so, any requirements concerning the proposed project; and

c. The department’s rivers coordinator if the proposed project is within jurisdiction of any river or segment designated under RSA 483, as designated on the NH designated river corridor web map found at: https://nhdes.maps.arcgis.com/apps/webappviewer/index.html?id=d3869f998e614d81925481ac71c3903e, and if so, any written requirements concerning the proposed;

(8) A copy of the facility closure plan as specified in Env-Wq 1609.10;

(9) A list of all other state permits which are required for the proposed facility and evidence that applications for those permits have been submitted. Such permits must be issued prior to facility operation; and

(10) The name and address of the locally accessible place where all the information required in Env-Wq 1609.01 can be reviewed.

(d) The applicant shall submit a statement signed by the applicant certifying that:

(1) The applicant has complied with the notification requirements of Env-Wq 1604.01;

(2) All operators of the facility have been trained on the requirements of Env-Wq 1600 or shall be trained prior to working at the facility;

(3) The operator of the facility shall maintain records of the training required in (c)(2), above;

(4) A copy of the application has been given to the governing body of the municipality in which the activity is proposed to occur;

(5) The information submitted is accurate; and

(6) The applicant has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application.

(e) If the applicant is not the property owner, the application shall be accompanied by a written statement signed by the property owner stating that the property owner is aware the application is being filed and has given permission to the applicant to file the application and to enter upon the land for purposes of site investigation and operation of the facility in the event that the department issues the permit.

(f) Each application shall be submitted to the department via first-class mail or email.

(g) The applicant shall submit a copy of the application to the governing body of the municipality in which the activity is proposed to occur.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.02 Facility Permit Application Form {#sec-env-wq-1609.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.02}

(a) The person proposing to undertake the septage management activities at the facility shall apply for the facility permit.

(b) The applicant for a facility permit shall complete and submit the "Application for a Sludge or Septage Facility Permit" form, NHDES-W-09-042, February 2025, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-042.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

N.H. Code Admin. R. Ann. Env-Wq 1609.03 Expiration of a Facility Permit {#sec-env-wq-1609.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.03}

(a) A facility permit and any associated waivers issued or renewed by the department after December 31, 2023, shall expire 5 years from the date on which the permit is issued.

(b) All facilities must submit a closure plan to the department no later than one year following the issuance or renewal of the permit and implement the approved closure plan no later than the date of the permit expiration.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.04 Renewal of a Facility Permit {#sec-env-wq-1609.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.04}

Any person to whom a facility permit has been issued who wishes to renew the permit shall apply pursuant to Env-Wq 1603.12 and submit the permit fee required by Env-Wq 1609.05 to the department at least 60 days prior to expiration of the permit.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.05 Facility Permit Fee {#sec-env-wq-1609.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.05}

(a) Subject to (b) and (c) below, a nonrefundable fee in the amount of $1,000 shall be paid with each application for issuance or renewal of a facility permit.

(b) Any New Hampshire political subdivision that applies for a facility permit shall be exempt from the fee specified in (a) above.

(c) The fee, if paid by check or money order, shall be made payable to “Treasurer - State of NH.”

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.06 Criteria for Review {#sec-env-wq-1609.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.06}

The department shall issue or renew a facility permit if it determines that the following criteria have been met:

(a) All applicable requirements of the rules have been met;

(b) All other state permits which are necessary for the construction and operation of the facility have been applied for and shall be issued prior to facility construction and operation, as required;

(c) Management of septage at the facility shall not violate any statutes or rules implemented by the department;

(d) The applicant has not been convicted of a misdemeanor under any statute administered by the department within the 5 years prior to the date of application, or of a felony in any state or federal court during the 10 years prior to the date of application;

(e) The applicant has paid all fees and administrative fines owed to the department and all civil or criminal penalties owed to the state as a result of a violation of a law administered by the department; and

(f) The septage management activities which will be conducted at the facility shall not adversely affect threatened or endangered species.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.07 Facility Plan {#sec-env-wq-1609.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.07}

The facility plan required under Env-Wq 1609.01(c)(2) shall:

(a) Be at a scale appropriate to show all information contained on the plan clearly; and

(b) Include the following:

(1) A locus map which identifies the proposed facility location and details the proposed route of access to and onto the facility;

(2) The total available land area, in acres, and the specific acres to be used for facility operations, including proposed stockpile, holding or storage tank locations;

(3) All access roads and access control measures, including perimeter fencing and setback zones;

(4) All roads, property lines, structures whether on or off the property, and any easements or rights-of-way which exist on the property;

(5) All proposed measures to control surface runoff to or from the facility, and stockpile and storage tank locations, if applicable;

(6) A description of all surrounding land use within 1000 feet of the footprint of the facility;

(7) All soil test pit and auger boring locations;

(8) The approximate location of and distance to all dwellings, structures, and water supply wells on the property and within 600 feet of the footprint of the facility;

(9) The names, tax map, lot numbers, and mailing addresses of all abutters;

(10) The name and location of all surface waters within ¼ mile of the facility, including their designated river classification, under RSA 483, New Hampshire rivers management and protection program and limits of designated river protective corridor, if applicable;

(11) The graphic and numerical scale of the plan;

(12) An arrow indicating which direction on the plan is north;

(13) The location of all poorly and very poorly drained soils; and

(14) If applicable, the location of the groundwater discharge or management zone as described in Env-Wq 1612.02.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.08 Management Plan {#sec-env-wq-1609.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.08}

The management plan required under Env-Wq 1609.01(c)(3) shall include the following:

(a) The normal hours of operation of the site;

(b) Stockpiling or holding tank provisions, if applicable;

(c) The volume of septage, in gallons, expected on a periodic basis, such as daily, weekly or monthly and how the volume will be measured upon receiving;

(d) The volume of septage, in gallons, expected over the entire life expectancy of the facility, if applicable;

(e) The proposed measures to meet pathogen and vector attraction reduction requirements, if applicable, specified in Env-Wq 1608.09(a)(1);

(f) Additional on-site measures to be taken to control vectors;

(g) A detailed odor control plan explaining:

(1) The procedures that shall be used to address and resolve any odor complaints;

(2) Additional management techniques employed to minimize odors; and

(3) The name, mailing address, and daytime telephone number of the individual(s) who will be responsible for responding to odor complaints;

(h) A copy of the facility contingency plan describing course(s) of action to be followed in case of emergency or other special conditions, such as:

(1) Equipment breakdowns;

(2) Fire;

(3) Vectors;

(4) Explosion;

(5) Spills;

(6) Receipt or release of hazardous or toxic materials or substances;

(7) Groundwater, surface water, or air contamination attributable to a facility; and

(8) Other incidents that could threaten public health or safety or the environment;

(i) A description and a copy of a written agreement of how all operators of the facility were or shall be instructed on the applicable requirements prior to working at the facility;

(j) The method that shall be used to screen or otherwise process the septage prior to being discharged into the facility in order to remove and dispose of visible or identifiable plastics or other non-biodegradable solids, such as the use of a bar rack or screen or other means; and

(k) A septage solids management plan and schedule to estimate the volume of septage solids present in each lagoon, including the steps to be taken to maintain the lagoon capacity by removing and managing the solids.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.09 Facility Standards {#sec-env-wq-1609.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.09}

(a) Any facility designed for the treatment or processing of septage that is independent of a wastewater treatment plant permitted under RSA 485-A:13 shall be designed and constructed in accordance with applicable provisions of TR-16, “Guides for the Design of Wastewater Treatment Works” by the New England Interstate Water Pollution Control Commission, revised 2016 edition, available as noted in Appendix B.

(b) Septage composting facilities shall be designed, constructed, operated, and closed in accordance with Env-Sw 600 relative to composting facilities.

(c) The facility shall operate in such a manner to minimize the impact on abutters and the surrounding community from odors, vehicle traffic, and dust.

(d) All facilities shall:

(1) Be posted with signs which:

a. Contain the name and telephone number of the operator;

b. Contain the name and address of the owner or lessee of the property;

c. Shall be posted at gates, bars, and commonly used entrances; and

d. State: “Septage Treatment Facility” printed with block letters not less than 2 inches in height;

(2) Restrict access by the installation of a locked gate or cable;

(3) Be operated such that odors from the facility are minimized;

(4) Be maintained in a clean and orderly fashion to minimize attraction of vectors;

(5) Be closed in accordance with Env-Wq 1609.10; and

(6) Remove visible or identifiable plastics or other non-biodegradable solids from the septage, using a bar rack or screen, prior to the septage being discharged into the facility.

(e) In addition to the requirements in (d) above, all lagoons shall be:

(1) Fenced around the perimeter with wire or plastic mesh at least 4 feet in height with openings no larger than 4 inches to control access;

(2) Maintained to provide a minimum of 2 feet of freeboard at all times; and

(3) Bermed on all sides no higher than 6 inches from the surface of the lagoon to divert surface drainage away from the lagoons.

(f) Subject to (g), below, no person shall situate or operate a facility within the setback distances specified in Table 1609-1:

Table 1609-1 Setback Distances For Septage Facilities (in feet)

Water Supplies:

Nearest Well

1000^a

Surface Drinking Water Source

1000^a

Surface Water:

Designated river under RSA 483

500

Other surface water

250

Non-Tidal Drainage Ditch

200

Nearest Residential Off-site Dwelling:

Enclosed Facility

400

Open Facility

600^b

Property Line:

Enclosed Facility

200

Open Facility

500^c

Estimated Seasonal High Water Table

2^d

Bedrock / Restrictive Layer

4

(g) The following notes shall apply to Table 1609-1:

(1) The letter “a” shall indicate that the distance to the nearest water supply may be reduced based on a hydrological evaluation performed by a professional geologist or professional engineer that demonstrates that a lesser distance will not result in any degradation to drinking water at the well or surface water source;

(2) The letter “b” shall indicate that the distance to the nearest residential off-site dwelling shall be as far as practical beyond 1200 feet, but may be reduced below 1200 feet with the owner’s prior written consent;

(3) The letter “c” shall indicate that the distance to the nearest property line shall be as far as practical beyond 1000 feet, but may be reduced below 1000 feet with the owner’s prior written consent; and

(4) The letter “d” shall indicate the distance to the seasonal high water table.

(h) No person shall store, hold, or stockpile septage within the setback areas specified in Table 1609-2, subject to (i) below:

Table 1609-2 Setback Distances For Septage Stockpiling, and Holding Tanks (in feet)

Nearest Residential Off-Site Dwelling:

Sealed & covered septage holding tank

100^a

Open septage holding tank or stockpiling

600^b

Nearest Drinking Water Well:

Sealed & covered septage holding tank

100^c

Lined holding, storage or stockpiling

150^c

Unlined holding, storage or stockpiling

1000^d

Property Line:

Sealed & covered septage holding tank

200^e

Lined and covered holding, storage or stockpiling

200^f

Unlined or open holding, storage or stockpiling

500^f

Public Roads other than federal interstate highways

50

Bedrock / Restrictive Layer

4

Estimated Seasonal High Water Table:

Sealed & covered holding or storage tank

2^g

Lined and covered storage or stockpiling

2^g

Other storage or stockpiling

4^g

Surface water:

Designated river under RSA 483

500

Other surface water

250

Non-Tidal Drainage Ditch

100

(i) The following notes shall apply to Table 1609-2:

(1) The letter “a” shall indicate that the distance to the nearest residential off-site dwelling shall be as far as practical beyond 100 feet, but may be reduced below 100 feet with the owner’s prior written consent;

(2) The letter “b” shall indicate that the distance to the nearest residential off-site dwelling shall be as far as practical beyond 600 feet, but may be reduced below 600 feet with the owner’s prior written consent;

(3) The letter “c” shall indicate that the distance to the nearest downgradient well shall be as far as practical, but in no case closer than 150 feet;

(4) The letter “d” shall indicate that the distance to the nearest downgradient well shall be as far as practical, but in no case closer than 1000 feet;

(5) The letter “e” shall indicate that the distance to the nearest property line shall be as far as practical beyond 50 feet, but may be reduced below 200 feet with the owner’s prior written consent;

(6) The letter “f” shall indicate that the distance to the nearest property line shall be as far as practical beyond 500 feet, but may be reduced below 500 feet with the abutting property owner’s prior written consent; and

(7) The letter “g” shall indicate that this shall be the depth to the seasonal high water table.

(j) Any person stockpiling septage containing 15 percent or greater solids for longer than 7 days shall cover the stockpile with an odor control material, such as lime or certified waste derived wood ash which has been approved for such use pursuant to Env-Sw 1700 to minimize odors.

(k) Stockpiles of septage solids shall be maintained to minimize water run-on and run-off.

(l) Stockpiling of septage shall not be permitted for greater than 48 hours on the 100-year flood plain as defined and delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(m) Stockpiling of septage shall not be permitted on any poorly or very poorly drained soils.

(n) Septage containing less than 15 percent solids shall be stored in a tank or lagoon.

(o) Only domestic septage as defined in Env-Wt 1602.11 shall be discharged into a septage facility.

(p) A septage facility shall not be located within the 100-year floodplain as delineated by the flood insurance rate maps published by the Federal Emergency Management Agency.

(q) A septage facility shall not be permitted on any poorly or very poorly drained soils.

(r) Stockpiling of septage or solids shall not be permitted within a floodway.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.10 Closure Plan {#sec-env-wq-1609.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.10}

(a) The applicant for a septage facility permit shall submit a closure plan to the department within one year of permit renewal for approval as specified in Env-Wq 1609.01(c)(9). The approved closure plan shall be implemented no later than the permit expiration date.

(b) The closure plan shall include the following:

(1) The facility identification, including name, mailing address, location, and permit number, if applicable;

(2) The analysis from a chemical quality site characterization of the facility including analysis of septage, soils, and water that are a part of the closure or have been deemed impacted by facility operations, a description of the proposed procedures for removing all septage material from the facility, methods to dewater the solids to a manageable form, maps of the proposed work for closure at the facility, and the intended final disposition of the materials;

(3) A description of any proposed site work that will be performed to regrade and revegetate the area including all test reports to ensure any fill used on site will meet the soil remediation standards in Env-Or 600;

(4) The schedule of closure activities and anticipated closure date;

(5) A description of all post-closure monitoring and maintenance needed to ensure compliance with applicable requirements, including groundwater quality standards, including who will be responsible for performing the monitoring and maintenance;

(6) A copy of the notification that will be given to all users of the facility of the termination of receipt of septage by the facility;

(7) A copy of the financial assurance instrument that will be used for the post closure period;

(8) Maps or drawings of the site use restrictions that will be imposed as a condition of closure;

(9) A sampling analysis plan for the site characterization and lagoon base soil sampling to be conducted prior to fill to ensure the soil remaining meets soil remediation standards referenced in Env-Or 600; and

(10) A description of any environmental or health impacts on surrounding water bodies, wetlands, abutting properties, endangered species, or soil on site from the operations of the facility or proposed closure.

(c) At least 60 days prior to the planned cessation of facility operations, the permit holder shall provide the department and the municipality in which the facility is located, with written notice of the intent to close the facility.

(d) The notice shall include the following:

(1) The facility identification, including name, mailing address, location, and permit number;

(2) The date the facility intends to stop receiving or processing septage;

(3) A copy of the facility’s approved closure plan or file reference thereto; and

(4) The date the facility intends to begin closure activities and estimated closure completion date.

(e) The permit holder shall notify the department and the municipality in which the facility is located, when closure is complete.

(f) The department shall approve a closure plan if, under the plan:

(1) All wastes not permitted to remain at the facility following closure and all surface debris and litter will be removed from the facility to an authorized facility;

(2) Septage management equipment will be removed or decommissioned, except for equipment needed to meet the post-closure monitoring and maintenance obligations, if any, identified pursuant to (b)(5), above;

(3) Subject to (4), below, if the facility is not a land disposal facility, the facility site will be cleaned to its original condition of cleanliness;

(4) If it is impracticable to return the facility site to its original condition, whether because the character of the surrounding land use has changed, the original condition was in violation of state or federal environmental or public health requirements, or for any other reason, the permittee will clean the facility site so as to render it suitable for an alternate use consistent with local land use and zoning regulations or plans;

(5) Post-closure monitoring and maintenance will be undertaken as required to assure the facility is closed in a manner to not adversely affect the environment, public health or safety, as identified pursuant to (b)(5), above; and

(6) All septage lagoons shall be backfilled and graded such that water can no longer be impounded.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.11 Soil Testing for Facilities {#sec-env-wq-1609.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.11}

(a) One soil test pit or auger boring shall be taken, to a depth of at least 40 inches, for each soil mapping unit present on the NRCS county soils map, but no less than one every 5 acres.

(b) An analysis of the soil test pits or auger borings required by (a) above, shall be performed that includes a description of the soil profile characteristics, depth to seasonal high water table, depth to restrictive feature, and depth to bedrock.

(c) Soil samples from each field proposed to be used for the land application of domestic septage shall be collected and analyzed in accordance with (d) below within 6 months prior to submittal of the initial permit application.

(d) The soil samples collected pursuant to (c), above, shall be analyzed by the applicable method(s) found in EPA SW-846, available as noted in Appendix B, for the following constituents:

(1) Total arsenic, measured as mg/kg;

(2) Total cadmium, measured as mg/kg;

(3) Total chromium, measured as mg/kg;

(4) Total copper, measured as mg/kg;

(5) Total lead, measured as mg/kg;

(6) Total mercury, measured as mg/kg;

(7) Total molybdenum, measured as mg/kg;

(8) Total nickel, measured as mg/kg;

(9) Total selenium, measured as mg/kg;

(10) Total zinc, measured as mg/kg; and

(11) Per- and polyfluoroalkyl substances (PFAS) (40 compound list under CWA 1633 and within section F of Table 1610-1), measured as ng/g.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.12 Record Keeping {#sec-env-wq-1609.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.12}

(a) Each facility permit holder shall maintain records of each load of septage received at the facility, including identification of:

(1) The date received;

(2) The name of the hauler and the permit number of the hauler delivering the load;

(3) The volume of each load of septage received, in gallons; and

(4) The disposition of the material.

(b) Facility plans, management plans, closure plans, and records shall be maintained by the permit holder, and shall be available to the department for review during all regular department business hours. If the department believes that violations of RSA 485-A or these rules relative to septage management have occurred, the department shall require the permit holder to submit copies of all records within 15 working days of said request.

(c) The facility permit holder shall retain all facility plans, management plans, closure plans, and records generated during the period of permitted activity for a minimum of 5 years after closure of the facility.

(d) Each facility permit holder shall maintain the following records:

(1) The date and method of removal of residuals and solids from the facility;

(2) Description of dewatering methods used, if applicable;

(3) The name and the permit number of the hauler transporting the septage solids to an off-site permitted disposal facility, if applicable;

(4) The total amount of septage solids removed from the facility, in dry tons; and

(5) The disposition of the solids removed, for example on-site surface disposal per approved permit, off-site permitted disposal facility location, or off-site beneficial use location(s) of EQ septage.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1609.13 Reporting {#sec-env-wq-1609.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1609.13}

(a) The facility permit holder shall report all complaints to the department within one business day of receipt of a complaint. A written submission shall be provided within 24 hours of the complaint and shall contain a description of the complaint, including exact dates, times, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the concern.

(b) Each facility permit holder shall submit an annual report to the department by the last business day of January for each previous calendar year in which the permit is valid, regardless of whether or not the facility received or processed septage during the previous calendar year.

(c) The annual report shall contain the following information:

(1) The name and address of the facility;

(2) The permit number;

(3) The name of the permit holder;

(4) The total volume of septage, in gallons, received at the facility from each hauler;

(5) The disposition of all material that was received and removed, including total volume, in gallons or dry tons, delivered to permitted land application sites, disposal facilities, or the total volume processed or treated, as applicable; and

(6) The total amount of septage solids, in dry tons, removed from the facility by each hauler.

(d) If any of the information differs from that previously supplied to the department concerning the activity, the permit holder shall note those differences in the annual report.

(e) Every wastewater treatment plant operator responsible for reporting to the department the amount of septage received monthly shall also submit an annual report to the department by the last business day of January for each previous calendar year indicating the total volume of septage, in gallons, received at the facility from each septage hauler.

(f) The wastewater treatment plant operator shall report all septage hauler usage revocations to the department within 48 hours of termination of the hauler’s disposal privileges. The hauler shall report reinstatement of disposal privileges to the department in writing within 5 days.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Part Env-Wq 1610 Eq Certification Requirements

N.H. Code Admin. R. Ann. Env-Wq 1610.01 EQ Certification Application {#sec-env-wq-1610.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1610.01}

To apply for EQ certification, the applicant shall provide the following information:

(a) Complete and submit the "Exceptional Quality Septage Certification Application" form, NHDES-W-09-026, February 2025, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-09-026;

(b) A description of the process to achieve EQ pathogen and vector attraction reduction requirements, including the applicable 40 CFR part 503 citation; and

(c) A solids quality report including the following:

(1) A description of the treatment facility and solids and filtrate treatment process;

(2) A chronological summary of analytical data from the previous 3 years, if available, for the required parameters, presented in tabular format; and

(3) The results of testing required in Env-Wq 1610.05(d), including:

a. Laboratory reports; and

b. A tabular summary of the results.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24; ss by #14205, EXRF, eff 2-27-25

N.H. Code Admin. R. Ann. Env-Wq 1610.02 EQ Certification Fee {#sec-env-wq-1610.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1610.02}

(a) Each application for EQ certification shall be accompanied by a fee in the amount of $100.

(b) Fees, if paid by check or money order, shall be made payable to “Treasurer - State of NH.”

(c) Political subdivisions whose facilities are permitted by the department under RSA 485-A:13 shall be exempt from the fee specified in (a) above.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1610.03 Criteria for Review {#sec-env-wq-1610.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1610.03}

The department shall issue an EQ certification to the applicant if it determines that the information submitted demonstrates that the solids:

(a) Are not a hazardous waste as defined in RSA 147-A:2, VII;

(b) Consistently meets the EQ pathogen and vector attraction requirements specified in the application;

(c) Do not exceed the following concentrations, expressed as the total concentration on a dry weight basis:

(1) For arsenic, 11 mg/kg;

(2) For cadmium, 14 mg/kg;

(3) For chromium, 1000 mg/kg;

(4) For copper, 1500 mg/kg;

(5) For lead, 300 mg/kg;

(6) For mercury, 7 mg/kg;

(7) For molybdenum, 35 mg/kg;

(8) For nickel, 200 mg/kg;

(9) For selenium, 28 mg/kg;

(10) For zinc, 2500 mg/kg;

(11) For polychlorinated biphenyls (PCBs), 1.0 mg/kg; and

(12) For dibenzodioxins and dibenzofurans, 27 ng/kg TEQ for all congeners determined by EPA Method 1613, available as noted in Appendix B, using the 1989 toxic equivalency factors;

(d) Is of sufficiently consistent quality such that for the constituents in (c), the mean concentration for data submitted under Env-Wq 1610.01(e) plus one standard deviation from the mean does not exceed 1.5 times the concentration specified in (c);

(e) Meets all applicable requirements of this chapter;

(f) Is of sufficiently consistent quality such that for the constituents in (c), above, the mean

concentration for data submitted in accordance with Env-Wq 809.01(h) plus one standard deviation from the mean does not exceed the concentration specified in (c), above;

(g) Is not a threat to public health, safety, or the environment from other chemical contaminants when assessed according to risk methodologies described in the United States Environmental Protection Agency’s (US EPA’s) Soil Screening Guidance, EPA/540/R-96/018 dated April 1996, and the American Society for Testing and Materials E-1739-95, available as noted in Appendix B;

(h) If not generated in New Hampshire, meets the chemical standards of the state of origin for the equivalent category of septage solids; and

(i) If septage solids or mixtures of septage solids are to be certified for reclamation use, the material shall contain enteric virus concentrations of less than one plaque-forming unit per 4 grams of solid on a dry weight basis.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1610.04 Expiration of EQ Certification {#sec-env-wq-1610.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1610.04}

EQ certifications shall expire 5 years from the date of issuance.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1610.05 Testing {#sec-env-wq-1610.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1610.05}

(a) Subject to (b), below, upon submitting an application for EQ certification, the applicant shall submit the results of the analyses of at least 4 representative samples of solids from the treatment facility, taken at least 60 days apart within the 12 months prior to the date of application and analyzed for the constituents in (d) below.

(b) For batch processes or specified quantity of septage, a representative composite sample from each batch or specified quantity shall be collected on a one time basis and analyzed for the constituents in (d) below.

(c) Samples taken pursuant to (a), above, shall be collected in accordance with the procedures described in:

(1) The “Wastewater Treatment Plant Operators Guide to Biosolids Sampling Plans” published by the New England Interstate Water Supply and Pollution Control Commission, dated September 2006 for solids, available as noted in Appendix B; or

(2) “Standard Methods for the Examination of Water and Wastewater” by the Water Environment Federation, 24 th Edition, 2023, available as noted in Appendix B.

(d) Septage solids collected according to (a) or (b), above shall be analyzed for the volatile organic and semi-volatile organic compounds listed in Table 1610-1, in accordance with the methods specified:

Table 1610-1: Compounds, Methods, Chemical Abstract Service Registration Number (CAS), and Detection Limits

Compound

CAS

Analytical Method

Detection

Limit (mg/kg)

Section A. Volatile Organic Compounds

1

Dichlorodifluoromethane

75-71-8

SW846 - 8000 series

2.0

2

Chloromethane

74-87-3

SW846 - 8000 series

2.0

3

Vinyl chloride

75-01-4

SW846 - 8000 series

2.0

4

Bromomethane

74-83-9

SW846 - 8000 series

2.0

5

Chloroethane

75-00-3

SW846 - 8000 series

2.0

6

Trichlorofluoromethane

75-69-4

SW846 - 8000 series

2.0

7

Diethyl ether

60-29-7

SW846 - 8000 series

2.0

8

Acetone

67-64-1

SW846 - 8000 series

10.0

9

1,1-Dichloroethene

75-35-4

SW846 - 8000 series

2.0

10

Methylene chloride

75-09-2

SW846 - 8000 series

2.0

11

Carbon disulfide

75-15-0

SW846 - 8000 series

2.0

12

Methyl-tert-butylether (MTBE)

1634-04-4

SW846 - 8000 series

2.0

13

trans-1,2-Dichloroethene

156-60-5

SW846 - 8000 series

2.0

14

1,1-Dichloroethane

75-34-3

SW846 - 8000 series

2.0

15

2-Butanone (MEK)

78-93-3

SW846 - 8000 series

10.0

16

2,2-Dichloropropane

590-20-7

SW846 - 8000 series

2.0

17

cis-1,2-Dichloroethene

156-59-2

SW846 - 8000 series

2.0

18

Chloroform

67-66-3

SW846 - 8000 series

2.0

19

Bromochloromethane

74-97-5

SW846 - 8000 series

2.0

20

Tetrahydrofuran (THF)

109-99-9

SW846 - 8000 series

10.0

21

1,1,1-Trichloroethane

71-55-6

SW846 - 8000 series

2.0

22

1,1-Dichloropropene

563-58-6

SW846 - 8000 series

2.0

23

Carbon tetrachloride

56-23-5

SW846 - 8000 series

2.0

24

1,2-Dichloroethane

107-06-2

SW846 - 8000 series

2.0

25

Benzene

71-43-2

SW846 - 8000 series

2.0

26

Trichloroethene

79-01-6

SW846 - 8000 series

2.0

27

1,2 Dichloropropane

78-87-5

SW846 - 8000 series

2.0

28

Dichlorobromomethane

75-27-4

SW846 - 8000 series

2.0

29

Dibromomethane

74-95-3

SW846 - 8000 series

2.0

30

4-Methyl-2-pentanone (MIBK)

108-10-1

SW846 - 8000 series

10.0

31

Cis-1,3-Dichloropropene

10061-01-5

SW846 - 8000 series

2.0

32

Toluene

108-88-3

SW846 - 8000 series

2.0

33

trans-1,3-Dichloropropene

10061-02-6

SW846 - 8000 series

2.0

34

1,1,2-Trichloroethane

79-00-5

SW846 - 8000 series

2.0

35

2-Hexanone

591-78-6

SW846 - 8000 series

10.0

36

1,3-Dichloropropane

142-28-9

SW846 - 8000 series

2.0

37

Tetrachloroethene

127-18-4

SW846 - 8000 series

2.0

38

Dibromochloromethane

128-48-1

SW846 - 8000 series

2.0

39

1,2-Dibromoethane

106-93-4

SW846 - 8000 series

2.0

40

Chlorobenzene

108-90-7

SW846 - 8000 series

2.0

41

1,1,1,2-Tetrachloroethane

630-20-6

SW846 - 8000 series

2.0

42

Ethylbenzene

100-41-4

SW846 - 8000 series

2.0

43

m&p-Xylene

108-38-3

106-42-3

SW846 - 8000 series

2.0

44

o-Xylene

95-47-6

SW846 - 8000 series

2.0

45

Styrene

100-42-5

SW846 - 8000 series

2.0

46

Bromoform

75-25-2

SW846 - 8000 series

2.0

47

Isopropylbenzene

98-82-8

SW846 - 8000 series

2.0

48

1,1,2,2-Tetrachloroethane

79-34-5

SW846 - 8000 series

2.0

49

1,2,3-Trichloropropane

96-18-4

SW846 - 8000 series

2.0

50

n-Propylbenzene

98-06-6

SW846 - 8000 series

2.0

51

Bromobenzene

108-86-1

SW846 - 8000 series

2.0

52

1,3,5-Trimethylbenzene

108-67-8

SW846 - 8000 series

2.0

53

2-Chlorotoluene

95-49-8

SW846 - 8000 series

2.0

54

4-Chlorotoluene

106-43-4

SW846 - 8000 series

2.0

55

tert-Butylbenzene

104-51-8

SW846 - 8000 series

2.0

56

1,2,4-Trimethylbenzene

95-63-6

SW846 - 8000 series

2.0

57

sec-Butylbenzene

135-98-8

SW846 - 8000 series

2.0

58

p-Isopropyltoluene

99-87-6

SW846 - 8000 series

2.0

59

1,3-Dichlorobenzene

541-73-1

SW846 - 8000 series

2.0

60

1,4-Dichlorobenzene

106-46-7

SW846 - 8000 series

2.0

61

n-Butylbenzene

104-51-8

SW846 - 8000 series

2.0

62

1,2-Dichlorobenzene

95-50-1

SW846 - 8000 series

2.0

63

1,2-Dibromo-3-chloropropane

96-12-8

SW846 - 8000 series

2.0

64

1,2,4-Trichlorobenzene

120-82-1

SW846 - 8000 series

2.0

65

Hexachlorobutadiene

87-68-3

SW846 - 8000 series

2.0

66

Naphthalene

91-20-3

SW846 - 8000 series

2.0

67

1,2,3-Trichlorobenzene

87-61-6

SW846 - 8000 series

2.0

Section B. Semi-volatile Compounds

Compound

CAS

Analytical Method

Detection

Limit (mg/kg)

68

1,2-Diphenylhydrazine (as

Azobenzene)

122-66-7

SW846 - 8000 series

2.5

69

2,4,5-Trichlorophenol

95-95-4

SW846 - 8000 series

2.5

70

2,4,6-Trichlorophenol

88-06-2

SW846 - 8000 series

2.5

71

2,4-Dichlorophenol

120-83-2

SW846 - 8000 series

2.5

72

2,4-Dimethylphenol

105-67-9

SW846 - 8000 series

2.5

73

2,4-Dinitrophenol

51-28-5

SW846 - 8000 series

25.0

74

2,4-Dinitrotoluene

121-14-2

SW846 - 8000 series

2.5

75

2,6-Dinitrotoluene

606-20-2

SW846 - 8000 series

2.5

76

2-Chloronaphthalene

91-59-7

SW846 - 8000 series

2.5

77

2-Chlorophenol

95-97-8

SW846 - 8000 series

2.5

78

2-Methylnaphthalene

91-57-6

SW846 - 8000 series

2.5

79

2-Methylphenol (o-Cresol)

95-48-7

SW846 - 8000 series

5.0

80

2-Nitroaniline

88-74-4

SW846 - 8000 series

5.0

81

2-Nitrophenol

88-75-5

SW846 - 8000 series

5.0

82

’,3'-Dichlorobenzidine

91-94-1

SW846 - 8000 series

10.0

83

3-Nitroaniline

99-09-2

SW846 - 8000 series

5.0

84

3&4-Methylphenol (m&p-Cresol)

106-44-5

SW846 - 8000 series

5.0

85

4,6-Dinitro-2-methylphenol

534-52-1

SW846 - 8000 series

20.0

86

4-Bromophenyl phenylether

85-68-7

SW846 - 8000 series

10

87

4-Chloro-3-methylphenol

59-50-7

SW846 - 8000 series

10

88

4-Chloroaniline

106-47-8

SW846 - 8000 series

2.5

89

4-Chlorophenyl phenylether

7005-72-3

SW846 - 8000 series

10

90

4-Nitroaniline

100-01-6

SW846 - 8000 series

5.0

91

4-Nitrophenol

100-02-7

SW846 - 8000 series

12

92

Acenaphthene

83-32-9

SW846 - 8000 series

5.0

93

Acenaphthylene

208-96-8

SW846 - 8000 series

5.0

94

Anthracene

120-12-7

SW846 - 8000 series

5.0

95

Benzidine

92-87-5

SW846 - 8000 series

25.0

96

Benzo (a) anthracene

56-55-3

SW846 - 8000 series

2.5

97

Benzo (a) pyrene

50-32-8

SW846 - 8000 series

2.5

98

Benzo (b) fluoranthene

205-99-2

SW846 - 8000 series

2.5

99

Benzo (g,h,i) perylene

191-24-2

SW846 - 8000 series

2.5

100

Benzo (k) fluoranthene

207-08-9

SW846 - 8000 series

2.5

101

Bis (2-chloroethoxy) methane

111-91-1

SW846 - 8000 series

5.0

102

Bis (2-chloroethyl) ether

111-44-4

SW846 - 8000 series

2.5

103

Bis (2-chloroisopropyl) ether

39638-32-9

SW846 - 8000 series

2.0

104

Bis (2-ethylhexyl) phthalate

117-81-7

SW846 - 8000 series

5.0

105

Butyl Benzyl phthalate

85-68-7

SW846 - 8000 series

5.0

106

Carbazole

86-74-8

SW846 - 8000 series

2.5

107

Chrysene

218-01-9

SW846 - 8000 series

2.5

108

Di-n-butyl phthalate

84-74-2

SW846 - 8000 series

5.0

109

Di-n-octyl phthalate

117-84-0

SW846 - 8000 series

5.0

110

Dibenzo (a,h) anthracene

53-70-3

SW846 - 8000 series

2.5

111

Dibenzofuran

132-64-9

SW846 - 8000 series

2.5

112

Diethyl phthalate

84-66-2

SW846 - 8000 series

5.0

113

Dimethyl phthalate

131-11-3

SW846 - 8000 series

5.0

114

Fluoranthene

206-44-0

SW846 - 8000 series

2.5

115

Fluorene

86-73-7

SW846 - 8000 series

2.5

116

Hexachlorobenzene

118-74-1

SW846 - 8000 series

2.5

117

Hexachlorocyclopentadiene

77-47-4

SW846 - 8000 series

5.0

118

Hexachloroethane

67-72-1

SW846 - 8000 series

2.5

119

Indeno (1,2,3-cd) pyrene

193-39-5

SW846 - 8000 series

2.5

120

Isophorone

78-59-1

SW846 - 8000 series

2.5

121

N-Nitroso-di-n-propylamine

621-64-7

SW846 - 8000 series

2.5

122

N-Nitrosodimethylamine

62-75-9

SW846 - 8000 series

5.0

123

N-Nitrosodiphenylamine

86-30-6

SW846 - 8000 series

2.5

124

Nitrobenzene

98-95-3

SW846 - 8000 series

2.5

125

Pentachlorophenol

87-86-5

SW846 - 8000 series

5.0

126

Phenanthrene

85-01-8

SW846 - 8000 series

2.5

127

Phenol

108-95-2

SW846 - 8000 series

5.0

128

Pyrene

129-00-0

SW846 - 8000 series

2.5

Section C. Metals

Compound

CAS

Analytical Method

Detection

Limit (mg/kg)

129

Total Arsenic

7440-38-2

SW846 6000/7000

series

10

130

Total Cadmium

7440-43-9

SW846 6000/7000

series

1.0

131

Total Chromium

16065-83-1

SW846 6000/7000

series

10

132

Total Copper

7440-50-8

SW846 6000/7000

series

10

133

Total Lead

7439-92-1

SW846 6000/7000

series

11

134

Total Mercury

7439-97-6

SW846 7000 series

0.05

135

Total Molybdenum

7439-98-7

SW846 6000/7000

series

10

136

Total Nickel

7440-02-0

SW846 6000/7000

series

10

137

Total Selenium

7782-49-2

SW846 6000/7000

series

18

138

Total Zinc

7440-66-6

SW846 6000/7000

series

10

139

Total Antimony

7440-36-0

SW846 6000/7000

series

8.0

140

Total Beryllium

7440-41-7

SW846 6000/7000

series

0.1

141

Total Silver

7440-22-4

SW846 6000/7000

series

4.0

142

Total Thallium

7440-28-0

SW846 6000/7000

series

10

Section D. Polychlorinated Biphenyls

Compound

CAS

Analytical Method

Detection

Limit (mg/kg)

143

PCB-1242

53469-21-9

SW846 - 8000 series

0.7

144

PCB-1254

11097-69-1

SW846 - 8000 series

0.7

145

PCB-1221

11104-28-2

SW846 - 8000 series

0.7

146

PCB-1232

11141-16-5

SW846 - 8000 series

0.7

147

PCB-1248

12672-29-6

SW846 - 8000 series

0.7

148

PCB-1260

11096-82-5

SW846 - 8000 series

0.7

149

PCB-1016

12674-11-2

SW846 - 8000 series

0.7

Section E. Additional Analyses

150

pH

not applicable

(na)

SM-4500-H

na

151

Percent solids

na

SM-2540 G

na

152

nitrate-nitrite

14797-55-8

14797-65-0

SM-4500-NO₃ SW8–6 - 9210

EPA 353 -3000 series

30

153

Total Kjeldalh nitrogen

na

SM-4500-N_org

EPA-351.3

300

154

ammonia nitrogen

na

SM-4500-NH₃

EPA-350

30

155

Total organic nitrogen

na

calculation

na

156

potassium

na

SM-3500-K

SW846 6000/7000 series

15

157

phosphorus

na

SM-4500-P

EPA-365

15

Compound

CAS

Analytical Method

Detection

Limit (ng/g)

Section F. Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)

Perfluoroalkyl carboxylic acids

158

Perfluorobutanoic acid (PFBA)

375-22-4

CWA 1633

na

159

Perfluoropentanoic acid (PFPeA)

2706-90-3

CWA 1633

na

160

Perfluorohexanoic acid (PFHxA)

307-24-4

CWA 1633

na

161

Perfluoroheptanoic acid (PFHpA)

375-85-9

CWA 1633

na

162

Perfluorooctanoic acid (PFOA)

335-67-1

CWA 1633

na

163

Perfluorodecanoic acid (PFDA)

335-76-2

CWA 1633

na

164

Perfluoroundecanoic acid (PFUnA)

2058-94-8

CWA 1633

na

165

Perfluorododecanoic acid (PFDoA)

307-55-1

CWA 1633

na

166

Perfluorotridecanoic acid (PFTrDA)

72629-94-8

CWA 1633

na

167

Perfluorotetradecanoic acid (PFTeDA)

376-06-7

CWA 1633

na

Perfluoroalkyl sulfonic acids

Acid Form

168

Perfluorobutanesulfonic acid (PFBS)

375-73-5

CWA 1633

na

169

Perfluoropentansulfonic acid (PFPeS)

2706-91-4

CWA 1633

na

170

Perfluorohexanesulfonic acid (PFHxS)

355-46-4

CWA 1633

na

171

Perfluoroheptanesulfonic acid (PFHpS)

375-92-8

CWA 1633

na

172

Perfluorooctanesulfonic acid (PFOS)

1763-23-1

CWA 1633

na

173

Perfluorononanesulfonic acid (PFNS)

68259-12-1

CWA 1633

na

174

Perfluorodecanesulfonic acid (PFDS)

335-77-3

CWA 1633

na

175

Perfluorododecanesulfonic acid (PFDoS)

79780-39-5

CWA 1633

na

Fluorotelomer sulfonic acids

176

1H,1H, 2H, 2H-Perfluorohexane sulfonic acid (4:2FTS)

757124-72-4

CWA 1633

na

177

1H,1H, 2H, 2H-Perfluorooctane sulfonic acid (6:2FTS)

27619-97-2

CWA 1633

na

178

1H,1H, 2H, 2H-Perfluorodecane sulfonic acid (8:2FTS)

39108-34-4

CWA 1633

na

Perfluorooctane sulfonamides

179

Perfluorooctanesulfonamide (PFOSA)

754-91-6

CWA 1633

na

180

N-methyl perfluorooctanesulfonamide (NMeFOSA)

31506-32-8

CWA 1633

na

181

N-ethyl perfluorooctanesulfonamide (NEtFOSA)

4151-50-2

CWA 1633

na

Perfluorooctane sulfonamidoacetic acids

182

N-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA)

2355-31-9

CWA 1633

na

183

N-ethyl perfluorooctanesulfonamidoacetic acid (NEtFOSAA)

2991-50-6

CWA 1633

na

Perfluorooctane sulfonamide ethanols

184

N-methyl perfluorooctanesulfonamidoethanol (NMeFOSE)

24448-09-7

CWA 1633

na

185

N-ethyl perfluorooctanesulfonamidoethanol (NEtFOSE)

1691-99-2

CWA 1633

na

Per- and Polyfluoroether carboxylic acids

186

Hexafluoropropylene oxide dimer acid (HFPO-DA)

13252-13-6

CWA 1633

na

187

4,8-Dioxa-3H-perfluorononanoic acid (ADONA)

919005-14-4

CWA 1633

na

188

Perfluoro-3-methoxypropanoic acid (PFMPA)

377-73-1

CWA 1633

na

189

Perfluoro-4-methoxybutanoic acid (PFMBA)

863090-89-5

CWA 1633

na

190

Nonafluoro-3,6-dioxaheptanoic acid (NFDHA)

151772-58-6

CWA 1633

na

Ether sulfonic acids

191

9-Chlorohexadecafluoro-3-oxanonane-1-sulfonic acid

(9Cl-PF3ONS)

756426-58-1

CWA 1633

na

192

11-Chloroeicosafluoro-3-oxaundecane-1-sulfonic acid

(11Cl-Pf3OUdS)

763051-92-9

CWA 1633

na

193

Perfluoro(2-ethoxyethane)sulfonic acid (PFEESA)

113507-82-7

CWA 1633

na

Fluorotelomer carboxylic acids

194

3-Perfluoropropyl propanoic acid (3:3FTCA)

356-02-5

CWA 1633

na

195

2H,2H,3H,3H-Perfluorooctanoic acid (5:3FTCA)

914637-49-3

CWA 1633

na

196

3-Perfluoroheptyl propanoic acid (7:3FTCA)

812-70-4

CWA 1633

na

(e) The following notes shall apply to Table 1610-1:

(1) Except for (2) and (3), below, the detection limit for all the analyses shall be at or below the detection limits specific in the tables;

(2) If the percent solids in a septage solids sample is below 5%, the results shall be reported in mg/l and the detection limits shall be appropriate to the methodology specified in the tables for a water matrix;

(3) If the detection limit specified in the tables can not be achieved by the methodology listed, the department shall accept such detection limits which are routinely achievable; and

(4) The designation “na” means “not applicable”.

(f) The EQ certification holder shall analyze the solids from its treatment facility at the frequencies specified in Table 1610-3, below, in accordance with the analytical methods and detection limits specified:

Table 1610-3: Frequency of Testing

Quantity of Processed Septage Solids on Annual Basis

(cubic yards)

Table 1610-2 section C,E, &F

Frequency

Fecal

Coliform Frequency

0 – 300

Once per 180 days

Weekly

301– 600

Once per 90 days

Daily

(g) Additional testing shall be required by the department when results of testing conducted by the EQ certification holder or the department show that the requirements in Env-Wq 1610.03 have not been met.

(h) If additional testing is required under (g), above, the EQ certification holder and all end users shall cease use and distribution of the EQ solids until the additional testing, performed in accordance with (j), below, demonstrates that the EQ solids is acceptable to use according to the standards of Env-Wq 1610.03.

(i) No storage of EQ solids shall be allowed off the facility footprint while the additional testing performed under (h), above, is completed.

(j) The EQ certification holder shall undertake the following in accordance with the analytical procedures specified in (d), above:

(1) Collect and analyze representative samples of solids from each storage structure for the constituent(s) of concern and submit results to the department for review and approval prior to further distribution;

(2) Increase the frequency of testing at the treatment facility for the compound(s) of concern to weekly; continue the weekly sampling until 4 successive weeks show that the concentration of the constituent(s) of concern meets the standards in Env-Wq 1610.03, as determined by the department; and

(3) After complying with (2) above, resume distribution and increase sampling frequency specified in Env-Wq 1610.05 to monthly for the constituent(s) of concern for 6 months.

(k) The department shall waive testing of a constituent if it determines, based on all available information, that the constituent is not present in the EQ solids.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1610.06 Reporting {#sec-env-wq-1610.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1610.06}

Every EQ certification holder shall submit an annual report by the last business day of January following the issuance of the certificate which contains the following information:

(a) The name, email address, and address of the treatment facility which generated the solids;

(b) Name and daytime telephone number of the operator of the facility;

(c) The EQ certificate number and the facility permit number;

(d) The quantity of EQ solids, in cubic yards generated, in gallons;

(e) The results of all testing required by the department during the previous year, including laboratory results as required in Env-Wq 1610.01(e)(3); and

(f) The proposed updated label as required under Env-Wq 1611.02, if applicable.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1610.07 Renewal of an EQ Certification {#sec-env-wq-1610.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1610.07}

Any person to whom an EQ certification was issued who wishes to renew the EQ certification shall reapply pursuant to Env-Wq 1610.01.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Part Env-Wq 1611 Eq Solids Requirements

N.H. Code Admin. R. Ann. Env-Wq 1611.01 Requirements for Land Application {#sec-env-wq-1611.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1611.01}

(a) A person who land applies EQ solids shall comply with the following:

(1) The application rate shall not exceed the annual application limits stated on the label required under Env-Wq 1611.02; and

(2) EQ solids shall not be applied within 125 feet of surface water or within 250 feet of any river or segment designated under RSA 483.

(b) In addition to (a), above, a person who land applies EQ solids on a contiguous area of more than 5 acres shall obtain and follow the nutrient recommendation from UNH cooperative extension, USDA Natural Resources Conservation Service, NH department of agriculture, markets and food, or other agricultural or crop advisors certified through the certified crop advisor program administered by the American Agronomy Society, for the application area.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1611.02 Label Requirements {#sec-env-wq-1611.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1611.02}

(a) A generator of EQ solids shall submit a proposed label to the department with the application for EQ certification, and with the annual report required under Env-Wq 1610.06.

(b) The proposed label shall include the following:

(1) The name, address, and telephone number of the treatment facility where the EQ solids were produced;

(2) A brief description of the EQ solids product, including the process employed to treat or stabilize the solids or filtrate;

(3) Recommended uses and appropriate application rates;

(4) Average nutrient analysis of the final EQ solids product for nitrogen, phosphorus, and potassium based upon the analytical results required under Env-Wq 1610.05 from the previous year; and

(5) Average concentration for the compounds listed in Env-Wq 1610.03(c) and the average concentrations of the regulated groundwater PFAS compounds based upon the analytical results required under Env-Wq 1610.05 from the previous year.

(c) The department shall approve the label within 30 days of receipt if it determines that the information in the proposed label is complete and correct.

(d) A generator of EQ solids shall include the label approved in (c) above, with every shipment.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1611.03 Record Keeping {#sec-env-wq-1611.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1611.03}

The generator shall record the name and address of all persons receiving any EQ solids.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Part Env-Wq 1612 Groundwater Protection Requirements

N.H. Code Admin. R. Ann. Env-Wq 1612.01 Applicability {#sec-env-wq-1612.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1612.01}

Groundwater shall be monitored and regulated at all septage facilities in accordance with requirements of Env-Wq 402 or Env-Or 700, as applicable.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1612.02 Submittal Requirements {#sec-env-wq-1612.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1612.02}

(a) For a septage facility located within the groundwater discharge or management zone at a landfill, wastewater lagoon, or other location where a groundwater discharge or management permit has been issued, information submitted to the department to obtain a groundwater permit(s) in accordance with Env-Wq 402 or Env-Or 700 shall be sufficient to meet requirements under these rules.

(b) For a septage facility not located within the groundwater discharge or management zone established by a groundwater permit, all information required for such a permit in accordance with Env-Wq 402 or Env-Or 700, as applicable, shall be submitted as part of the facility permit application.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1612.03 Hydrogeological Evaluations {#sec-env-wq-1612.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1612.03}

All septage facility monitoring plans and hydrogeological evaluations shall be performed and stamped by a certified NH professional geologist or professional engineer in accordance with requirements of Env-Wq 402 or Env-Or 700, as applicable.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Part Env-Wq 1613 Waivers

N.H. Code Admin. R. Ann. Env-Wq 1613.01 Purpose and Applicability {#sec-env-wq-1613.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1613.01}

(a) The rules contained in this chapter are intended to apply to a variety of conditions and circumstances.

(b) Any person may request a waiver from any provision established by Env-Wq 1600 in accordance with this part.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1613.02 Waiver Requests {#sec-env-wq-1613.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1613.02}

(a) A request for a waiver shall be submitted in writing to the department.

(b) A request for a waiver shall include the following information:

(1) The name, mailing address, email address, and daytime and emergency telephone number(s) of the person or business requesting the waiver;

(2) The location of the property to which the waiver request relates, and its site or facility permit number, if applicable;

(3) A specific reference to the section of the rule for which a waiver is being sought and an explanation of why a waiver is necessary;

(4) An explanation of the alternatives that will be implemented if a waiver is granted, if any, with supporting data; and

(5) A full explanation of how granting the waiver would:

a. Be consistent with the intent of RSA 485-A and RSA 485-C; and

b. Provide an equivalent level of protection of public health and safety and the environment.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1613.03 Decision on Waiver Request {#sec-env-wq-1613.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1613.03}

(a) The department shall approve a request for a waiver if it determines that:

(1) The requirement is not mandated by state or federal statute;

(2) The alternatives proposed are at least equivalent to the requirements contained in these rules;

(3) The proposed alternatives are adequate to ensure that the intent of RSA 485-A and RSA 485-C is met; and

(4) Granting the waiver will not endanger public health and safety or the environment.

(b) The department shall issue a written decision on a request for a waiver within 60 days of receipt of a complete request.

(c) If the waiver is granted, the department shall include such conditions as are necessary to ensure that the criteria in paragraph (a) above, will be met.

(d) The waiver shall specify the date on which it shall expire, which shall expire no later than the expiration of the associated permit.

(c) If the request is denied, the decision shall state the specific reason(s) for the denial.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

N.H. Code Admin. R. Ann. Env-Wq 1613.04 Modification of a Waiver {#sec-env-wq-1613.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1613.04}

(a) A modification of a waiver request shall be submitted to the department in accordance with Env-Wq 1613.02.

(b) The department shall issue a written decision on a request for a modification of a waiver within 60 days of receipt of a complete request.

(c) If the modification of the waiver is granted, the department shall include such conditions as are necessary to ensure that the criteria in Env-Wq 1613.03(a) will be met.

(d) The waiver shall specify the date on which it shall expire, which shall expire no later than the expiration of the associated permit.

(c) If the modification request is denied, the decision shall state the specific reason(s) for the denial.

Appendix A: Statutes Implemented

Rule Section(s)

Statute(s) Implemented

Env-Wq 1601.01 – Env-Wq 1603.05

RSA 485-A:4, XVI-a; RSA 485-A:6, X-a; RSA 485-A:1

Env-Wq 1603.06

RSA 485-A:4, XVI-a; RSA 483:15; RSA 483:12-a

Env-Wq 1603.07 – Env-Wq 1604

RSA 485-A:4, XVI-a; RSA 541-A:30 ; RSA 485-A:5-c

RSA 541-A:39

Env-Wq 1603.10 and Env-Wq 1603.12

RSA 485-A:4, XVI-a; RSA 541-A:30 ; RSA 485-A:5-c

RSA 541-A:39

Env-Wq 1605 - 1607

RSA 485-A:4, XVI-a

Env-Wq 1605.01

RSA 485-A:4, XVI-a

Env-Wq 1608

RSA 485-A:4, XVI-a; RSA 483; RSA 485-A:5-c (notice of spreading)

Env-Wq 1608.01

RSA 485-A:4, XVI-a; RSA 483; RSA 485-A:5-c

Env-Wq 1608.02

RSA 485-A:4, XVI-a; RSA 485-A:5-c

Env-Wq 1608.03 – Env-Wq 1608.06

RSA 485-A:4, XVI-a; RSA 485-A:5-c

Env-Wq 1608.07

RSA 485-A:4, XVI-a; RSA 483; RSA 485-A:5-c

Env-Wq 1608.08 – Env-Wq 1608.09

RSA 485-A:4, XVI-a; RSA 485-A:5-c

Env-Wq 1608.10

RSA 485-A:4, XVI-a; RSA 483; RSA 485-A:5-c

Env-Wq 1608.11 – Env-Wq 1608.15

RSA 485-A:4, XVI-a; RSA 485-A:5-c

Env-Wq 1609

RSA 485-A:4, XVI-a; RSA 483

Env-Wq 1609.01

RSA 485-A:4, XVI-a; RSA 483

Env-Wq 1609-02 – Env-Wq 1609.06

RSA 485-A:4, XVI-a

Env-Wq 1609.07

RSA 485-A:4, XVI-a; RSA 483

Env-Wq 1609-08 – Env-Wq 1609.09

RSA 485-A:4, XVI-a

Env-Wq 1609.10

RSA 485-A:4, XVI-a; RSA 483

Env-Wq 1609-11 – Env-Wq 1609.13

RSA 485-A:4, XVI-a

Env-Wq 1610 - Env-Wq 1611

RSA 485-A:4, XVI-a

Env-Wq 1612

RSA 485-A:1; RSA 485-A:13; RSA 485-C:6

RSA 485-C:13

Env-Wq 1613

RSA 541-A:22, IV

Appendix B: Incorporation by Reference Information

Rule

Title (Date)

Obtain from:

Env-Wq 1608.12(e)

Env-Wq 1609.11(d)

Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, SW-846 (July 2014)

6000 series: Inorganic Determinative Methods - Inductively Coupled Plasma (ICP) and Other Methods

7000 series: Inorganic Determinative Methods - Atomic Absorption (AA) and Other Methods

8000 series: Chromatographic Separation Methods

U.S. Environmental Protection Agency

Download for free at:

https://www.epa.gov/hw-sw846/sw-846-compendium

Env-Wq 1609.09(a)

TR-16, Guides for the Design of Wastewater Treatment Works (Revised 2016)

New England Interstate Water Pollution Control Commission

Wannalancit Mills

650 Suffolk Street, Suite 410

Lowell, MA 01854

https://neiwpcc.org/news-publications/technical-guides/

Env-Wq 1610.03(c) (12)

Guidelines Establishing Test Procedures for the Analysis of Pollutants, EPA Method 1613, (1997)

U.S. Environmental Protection Agency

Download for free at:

https://www.federalregister.gov/documents/1997/09/15/97-23841/guidelines-establishing-test-procedures-for-the-analysis-of-pollutants-epa-method-1613

Env-Wq 1610.03(g)

Soil Screening Guidance, EPA/540/R-96/018, (April 1996)

U.S. Environmental Protection Agency

Download for free at: https://semspub.epa.gov/work/HQ/175238.pdf

Env-Wq 1610.03(g)

ASTM E-1739-95, Standard Guide For Risk-Based Corrective Action Applied At Petroleum Release Sites (2010)

The American Society for Testing and Materials

100 Barr Harbor Drive

P.O. Box C700

West Conshohocken, PA 19428-2959

https://webstore.ansi.org/standards/astm/astme1739952010e1

$107.00

Env-Wq 1610.05(c)(1)

The Wastewater Treatment Plant Operators Guide to Biosolids Sampling Plans (September 2006)

New England Interstate Water Supply and Pollution Control Commission

Download for free at: https://neiwpcc.org/news-publications/technical-guides/

Env-Wq 1610.05(c)(2)

Standard Methods for the Examination of Water and Wastewater, 24^th Edition (2023)

Published jointly by the American Public Health Association, American Water Works Association, and Water Environment Association

Purchase online at https://www.wef.org/publications/publications/books/StandardMethods/

List Price: $435.00 / Member Price: $305.00

Appendix C: Statutory Definitions

RSA 21:48 Governing Body. – When used to refer to a municipality, and in the absence of applicable chapter or subdivision definitions, the term "governing body'' shall mean the board of selectmen in a town, the board of aldermen or council in a city or town with a town council, the school board in a school district or the village district commissioners in a village district, or when used to refer to unincorporated towns or unorganized places, or both, the county commissioners.

RSA 216-I:1

VIII. "Recreational vehicle" means any of the following vehicles:

(a) Motorhome or van, which is a portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle.

(b) Pickup camper, which is a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, and vacation.

(c) Recreational trailer, which is a vehicular, portable structure built on a single chassis, 400 square feet or less when measured at the largest exterior horizontal projections, calculated by taking the measurements of the exterior of the recreational trailer including all siding, corner trim, molding, storage space and area enclosed by windows but not the roof overhang. It shall be designed primarily not for use as a permanent dwelling but as a temporary dwelling for recreational, camping, travel or seasonal use.

(d) Tent trailer, which is a canvas or synthetic fiber folding structure, mounted on wheels and designed for travel, recreation, and vacation purposes.

RSA 485-A:2:

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

XXI. “Innovative/alternative waste treatment” means treatment which differs from standardized and conventional practice, offers an advantage over such practice in a proposed application and satisfies the pollution abatement and treatment requirements for sewerage and sewage or waste treatment systems in such application.

RSA 485-C:2:

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.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24

Chapter Env-Wq 1700 Surface Water Quality Regulations

Part Env-Wq 1701 Purpose; Applicability; Compliance Schedules; Variances

N.H. Code Admin. R. Ann. Env-Wq 1701.01 Purpose {#sec-env-wq-1701.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1701.01}

The purpose of these rules is to establish water quality standards for the state’s surface water uses as set forth in RSA 485-A:8, I, II-a, II, III, and V. These standards are intended to protect public health and welfare, enhance the quality of water and serve the purposes of the federal Clean Water Act, 33 U.S.C. 1251 et seq., and RSA 485-A. These standards provide for the protection and propagation of fish, shellfish, and wildlife, and provide for such uses as recreational activities in and on the surface waters, public water supplies, agricultural and industrial uses, and navigation in accord with RSA 485-A:8, I and II.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1701.02 Applicability {#sec-env-wq-1701.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1701.02}

These rules shall apply to:

(a) All surface waters except:

(1) Artificial bodies of water for management of stormwater provided they are legally designed and constructed in accordance with all applicable permits and other legal requirements;

(2) Bodies of water that are exempt from permitting pursuant to RSA 482-A:3, IV(b); and

(3) Wastewater facilities designed and constructed to convey or treat sewage or waste, as defined in RSA 485-A:2, X and RSA 485-A:2, XVI respectively, and permitted in accordance with RSA 485-A:13; and

(b) Any person who:

(1) Causes any point or nonpoint source discharge to surface waters;

(2) Undertakes hydrologic modifications, such as dam construction or water withdrawals; or

(3) Undertakes any other activity that affects the beneficial uses or the water quality of surface waters.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1701.03 Compliance Schedules in NPDES Permits {#sec-env-wq-1701.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1701.03}

(a) A national pollutant discharge elimination system (NPDES) permit issued or renewed for a discharge to New Hampshire surface waters, as defined herein, shall not specify a schedule leading to compliance with New Hampshire or federal surface water quality standards, or both, unless:

(1) The permittee cannot comply with the permit limits or other requirements immediately upon issuance of the permit; and

(2) The compliance schedule is provided to afford the permittee adequate time to comply with one or more permit requirements or limitations that are:

a. New;

b. Newly interpreted; or

c. Revised water quality standards that became effective after issuance of the original discharge permit and after July 1, 1977.

(b) A compliance schedule established to meet any surface water quality standard that applies to the New Hampshire waters receiving the discharge shall:

(1) Include dates for specified tasks or activities leading to compliance;

(2) Include interim effluent limits; and

(3) Require compliance at the earliest practicable time.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1701.04 Water Quality Standards Variances {#sec-env-wq-1701.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1701.04}

Water quality standards variances as defined in 40 CFR 131.3(o) shall be issued in accordance with 40 CFR § 131.14 and the commissioner’s rulemaking authority under RSA 485-A:6, I, XI-c, XIV and XV and RSA 485-A:8, VI.

History

• #14203, eff 2-26-25

Part Env-Wq 1702 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1702.01 7Q10 {#sec-env-wq-1702.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.01}

“7Q10” means "7Q10" as defined in RSA 485-A:2, XXIV, namely "the lowest average flow that occurs for 7 consecutive days on an annual basis with a recurrence interval of once in 10 years on average, expressed in terms of volume per time period.”

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1702.02 Antidegradation {#sec-env-wq-1702.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.02}

“Antidegradation” means a provision of the water quality standards that maintains and protects existing water quality and uses.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.03)

N.H. Code Admin. R. Ann. Env-Wq 1702.03 Assimilative capacity {#sec-env-wq-1702.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.03}

“Assimilative capacity” means the chemical, physical, biological, and radiological alterations that can occur without causing violations of applicable water quality criteria or impairing any existing or designated uses.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.04)

N.H. Code Admin. R. Ann. Env-Wq 1702.04 Benthic community {#sec-env-wq-1702.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.04}

“Benthic community” means the community of plants and animals that live on, over, or in the substrate of the surface water.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.05)

N.H. Code Admin. R. Ann. Env-Wq 1702.05 Benthic deposit {#sec-env-wq-1702.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.05}

“Benthic deposit” means any sludge, sediment, or other organic or inorganic accumulations on the bottom of the surface water.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.06)

N.H. Code Admin. R. Ann. Env-Wq 1702.06 Best management practices {#sec-env-wq-1702.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.06}

“Best management practices” means those practices that are determined, after problem assessment and examination of all alternative practices and technological, economic, and institutional considerations, to be the most effective practicable means of preventing or reducing the amount of pollution, including hydrologic modification, generated by point or nonpoint sources to a level compatible with water quality goals.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.07)

N.H. Code Admin. R. Ann. Env-Wq 1702.07 Biological integrity {#sec-env-wq-1702.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.07}

“Biological integrity” means the ability of an aquatic ecosystem to support and maintain a balanced, integrated, adaptive community of organisms having a species composition, diversity, and functional organization comparable to that of similar natural habitats of a region.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.08)

N.H. Code Admin. R. Ann. Env-Wq 1702.08 Biota {#sec-env-wq-1702.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.08}

“Biota” means species of plants or animals occurring in surface waters.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.09)

N.H. Code Admin. R. Ann. Env-Wq 1702.09 Chronic toxicity {#sec-env-wq-1702.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.09}

“Chronic toxicity” means an adverse effect, such as reduced reproductive success or growth or poor survival of sensitive life stages, that occurs as a result of prolonged exposure to a toxic substance.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.10)

N.H. Code Admin. R. Ann. Env-Wq 1702.10 Class A and B waters {#sec-env-wq-1702.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.10}

“Class A and B waters” means those surface waters that are legislatively classified as Class A or B waters pursuant to RSA 485-A:8, I, II, and III.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.11)

N.H. Code Admin. R. Ann. Env-Wq 1702.11 Clean Water Act (CWA) {#sec-env-wq-1702.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.11}

“Clean Water Act (CWA)” means the federal Clean Water Act, Pub. L. 92-500, as amended by Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96-483, Pub. L. 97-117, Pub. L. 100-4, and 33 U.S.C. 1251 et seq.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.12)

N.H. Code Admin. R. Ann. Env-Wq 1702.12 Community {#sec-env-wq-1702.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.12}

“Community” means one or more populations co-occurring in surface waters.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.13)

N.H. Code Admin. R. Ann. Env-Wq 1702.13 Criterion {#sec-env-wq-1702.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.13}

“Criterion” means:

(a) A designated concentration of a pollutant;

(b) A narrative statement concerning that pollutant that when not exceeded, will protect an organism, a population, a community, or a prescribed water use; or

(c) A numeric value or narrative statement related to other characteristics of the surface waters, such as flow and biological community integrity.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.14)

N.H. Code Admin. R. Ann. Env-Wq 1702.14 Cultural eutrophication {#sec-env-wq-1702.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.14}

“Cultural eutrophication” means the human-induced addition of wastes that contain nutrients to surface waters, resulting in excessive plant growth or a decrease in dissolved oxygen, or both.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.15)

N.H. Code Admin. R. Ann. Env-Wq 1702.15 Department {#sec-env-wq-1702.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.15}

“Department” means the department of environmental services.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.16)

N.H. Code Admin. R. Ann. Env-Wq 1702.16 Designated uses {#sec-env-wq-1702.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.16}

“Designated uses” means those uses specified in water quality standards for each waterbody or segment whether or not such uses are presently occurring. The term includes the following:

(a) “Swimming and other recreation in and on the water”, meaning the surface water is suitable for swimming, wading, boating of all types, fishing, surfing, and similar activities;

(b) “Fish consumption”, meaning the surface water can support a population of fish free from toxicants and pathogens that could pose a human health risk to consumers;

(c) “Shellfish consumption”, meaning the tidal surface water can support a population of shellfish free from toxicants and pathogens that could pose a human health risk to consumers;

(d) “Aquatic life integrity”, meaning the surface water can support aquatic life, including a balanced, integrated, and adaptive community of organisms having a species composition, diversity, and functional organization comparable to that of similar natural habitats of the region;

(e) “Wildlife”, meaning the surface water can provide habitat capable of supporting any life stage or activity of undomesticated fauna on a regular or periodic basis; and

(f) “Potential drinking water supply”, meaning the surface water could be suitable for human intake and meet state and federal drinking water requirements after adequate treatment.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.17)

N.H. Code Admin. R. Ann. Env-Wq 1702.17 Discharge {#sec-env-wq-1702.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.17}

“Discharge” means:

(a) Additions, introductions, leakage, spillage, emissions, or flow to surface waters, either directly, or indirectly through the groundwater, whether done intentionally, unintentionally, negligently, or otherwise; or

(b) The placing of a pollutant in a location where the pollutant is likely to enter surface waters.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.18)

N.H. Code Admin. R. Ann. Env-Wq 1702.18 Dissolved oxygen {#sec-env-wq-1702.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.18}

“Dissolved oxygen” means the oxygen dissolved as a gas in sewage, water, or other liquid expressed in milligrams per liter (mg/L), parts per million (ppm), or percent saturation.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.19)

N.H. Code Admin. R. Ann. Env-Wq 1702.19 Effluent limitation(s) {#sec-env-wq-1702.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.19}

“Effluent limitation(s)” means any restriction(s) imposed by the department pursuant to RSA 485-A on quantities, discharge rates, characteristics, or concentrations of pollutants, or any combination thereof, that are allowed to be discharged to surface waters.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.20)

N.H. Code Admin. R. Ann. Env-Wq 1702.20 Epilimnion {#sec-env-wq-1702.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.20}

“Epilimnion” means the upper, well-circulated warm layer of a thermally stratified lake, pond, impoundment, or reservoir.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.21)

N.H. Code Admin. R. Ann. Env-Wq 1702.21 Existing uses {#sec-env-wq-1702.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.21}

“Existing uses” means those uses, other than assimilation or waste transport, that actually occurred in the waterbody on or after November 28, 1975, whether or not they are included in the water quality standards.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.22)

N.H. Code Admin. R. Ann. Env-Wq 1702.22 High quality waters {#sec-env-wq-1702.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.22}

“High quality waters” means any surface water whose water quality is better than required by any aquatic life or human health water quality criteria contained in these rules or other criteria assigned to the surface water, or whose qualities and characteristics make the surface water critical to the propagation or survival of important living natural resources.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.23)

N.H. Code Admin. R. Ann. Env-Wq 1702.23 Industrial waste {#sec-env-wq-1702.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.23}

“Industrial waste” means “industrial waste” as defined in RSA 485-A:2, VI, as reprinted in Appendix C.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.24)

N.H. Code Admin. R. Ann. Env-Wq 1702.24 Maintain and protect {#sec-env-wq-1702.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.24}

“Maintain and protect” means to preserve the existing and designated uses of surface waters.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.25)

N.H. Code Admin. R. Ann. Env-Wq 1702.25 Mixing zone {#sec-env-wq-1702.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.25}

“Mixing zone” means a defined area or volume of the surface water surrounding or adjacent to a discharge where the surface water, as a result of the discharge, might not meet all applicable water quality standards.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.26)

N.H. Code Admin. R. Ann. Env-Wq 1702.26 Most sensitive use {#sec-env-wq-1702.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.26}

“Most sensitive use” means the use that is most susceptible to degradation by a specific pollutant, combination of pollutants, or activity, such as drinking, swimming, boating, fish and aquatic life propagation, fish consumption by higher level consumers including humans, or irrigation.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.27)

N.H. Code Admin. R. Ann. Env-Wq 1702.27 Naturally-occurring conditions {#sec-env-wq-1702.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.27}

“Naturally-occurring conditions” means conditions that exist in the absence of human influences.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.28)

N.H. Code Admin. R. Ann. Env-Wq 1702.28 Nephelometric turbidity unit (NTU) {#sec-env-wq-1702.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.28}

“Nephelometric turbidity unit (NTU)” means a standard used to measure the optical property that causes light to be scattered and absorbed rather than transmitted in straight lines through water, as measured by a nephelometer.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.29)

N.H. Code Admin. R. Ann. Env-Wq 1702.29 Noncontact cooling water {#sec-env-wq-1702.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.29}

“Noncontact cooling water” means water used for cooling that does not come into direct contact with any raw material, intermediate product, waste product, or finished product and to which no pollutants, other than heat, have been added.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.30)

N.H. Code Admin. R. Ann. Env-Wq 1702.30 Nonpoint source {#sec-env-wq-1702.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.30}

“Nonpoint source” means any source other than a point source.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.31)

N.H. Code Admin. R. Ann. Env-Wq 1702.31 No observed effect concentration (NOEC) {#sec-env-wq-1702.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.31}

“No observed effect concentration (NOEC)” means the highest measured continuous concentration, in percent, of an effluent at which no adverse effects are observed on the aquatic test organisms.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.32)

N.H. Code Admin. R. Ann. Env-Wq 1702.32 Nuisance species {#sec-env-wq-1702.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.32}

“Nuisance species” means any species of flora or fauna living in or near the water whose noxious characteristics or presence in sufficient number or mass prevent or interfere with a designated use of those surface waters.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.33)

N.H. Code Admin. R. Ann. Env-Wq 1702.33 Other wastes {#sec-env-wq-1702.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.33}

“Other wastes” means “other wastes” as defined in RSA 485-A:2, VIII, as reprinted in Appendix C.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.34)

N.H. Code Admin. R. Ann. Env-Wq 1702.34 Outstanding resource water (ORW) {#sec-env-wq-1702.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.34}

“Outstanding resource water (ORW)” means surface waters of exceptional recreational or ecological significance.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.35)

N.H. Code Admin. R. Ann. Env-Wq 1702.35 pH {#sec-env-wq-1702.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.35}

“pH” means a measure of the hydrogen ion concentration in a solution, expressed as the logarithm to the base 10, of the reciprocal of the hydrogen ion concentration in gram moles per liter.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.36)

N.H. Code Admin. R. Ann. Env-Wq 1702.36 Point source {#sec-env-wq-1702.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.36}

“Point source” means a discernible, confined, and discrete conveyance from which pollutants are or might be discharged, excluding return flows from irrigated agriculture or agricultural stormwater runoff. The term includes, but is not limited to, a pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.37)

N.H. Code Admin. R. Ann. Env-Wq 1702.37 Pollutant {#sec-env-wq-1702.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.37}

“Pollutant” means “pollutant” as defined in 40 CFR 122.2, as reprinted in Appendix D.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.38)

N.H. Code Admin. R. Ann. Env-Wq 1702.38 Pollution {#sec-env-wq-1702.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.38}

“Pollution” means the man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of water.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.39)

N.H. Code Admin. R. Ann. Env-Wq 1702.39 Population {#sec-env-wq-1702.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.39}

“Population” means a group of individuals of one biological species co-occurring in time and space.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.40)

N.H. Code Admin. R. Ann. Env-Wq 1702.40 Radionuclide {#sec-env-wq-1702.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.40}

“Radionuclide” means a radioactive atomic nucleus specified by its atomic number, atomic mass, and energy state.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.42)

N.H. Code Admin. R. Ann. Env-Wq 1702.41 Sewage {#sec-env-wq-1702.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.41}

“Sewage” means “sewage” as defined in RSA 485-A:2, X, as reprinted in Appendix C.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.43)

N.H. Code Admin. R. Ann. Env-Wq 1702.42 Surface waters {#sec-env-wq-1702.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.42}

“Surface waters” means “surface waters of the state” as defined in RSA 485-A:2, XIV, as reprinted in Appendix C, and waters of the United States as defined in 40 CFR 122.2.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.44)

N.H. Code Admin. R. Ann. Env-Wq 1702.43 Tainting substance {#sec-env-wq-1702.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.43}

“Tainting substance” means any material that can impart objectionable taste, odor, or color to the flesh of fish or other edible aquatic organisms.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.45)

N.H. Code Admin. R. Ann. Env-Wq 1702.44 Tidal waters {#sec-env-wq-1702.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.44}

“Tidal waters” means those portions of the Atlantic Ocean within the jurisdiction of the state, and all other surface waters subject to the rise and fall of the tide.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.46)

N.H. Code Admin. R. Ann. Env-Wq 1702.45 Toxic unit chronic (TUc) {#sec-env-wq-1702.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.45}

“Toxic unit chronic (TUc)” means the reciprocal of the effluent dilution that causes no unacceptable effect to the test organisms by the end of the chronic exposure period, which can be calculated by dividing 100 by the chronic NOEC value.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.48)

N.H. Code Admin. R. Ann. Env-Wq 1702.46 Waste {#sec-env-wq-1702.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.46}

“Waste” means “waste” as defined in RSA 485-A:2, XVI, as reprinted in Appendix C.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.49)

N.H. Code Admin. R. Ann. Env-Wq 1702.47 Wastewater facilities {#sec-env-wq-1702.47 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.47}

“Wastewater facilities” means “wastewater facilities” as defined in RSA 485-A:2, XIX, as reprinted in Appendix C, namely “the structures, equipment, and processes required to collect, convey, and treat domestic and industrial wastes, and dispose of the effluent and sludge.”

History

• #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1702.48 Water quality standards {#sec-env-wq-1702.48 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.48}

“Water quality standards” means the combination of designated uses of surface waters, the water quality criteria for such surface waters based upon such uses, and antidegradation requirements.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.50)

N.H. Code Admin. R. Ann. Env-Wq 1702.49 Wetlands {#sec-env-wq-1702.49 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.49}

“Wetlands” means “wetlands” as defined in RSA 482-A:2, X, as reprinted in Appendix C. Wetlands include, but are not limited to, swamps, marshes, bogs, and similar areas as delineated in accordance with Env-Wt 100 et seq.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.51)

N.H. Code Admin. R. Ann. Env-Wq 1702.50 Zone of passage {#sec-env-wq-1702.50 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1702.50}

“Zone of passage” means an area bordering a mixing zone that is free from pollutants and allows for unobstructed movement of aquatic organisms.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1702.52)

Part Env-Wq 1703 Water Quality Standards

N.H. Code Admin. R. Ann. Env-Wq 1703.01 Water Use Classifications; Designated Uses {#sec-env-wq-1703.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.01}

(a) All surface waters shall be classified as provided in RSA 485-A:8, based on the standards established therein for class A and class B waters. Each classification shall identify the most sensitive use it is intended to protect.

(b) All surface waters shall be restored to meet the water quality criteria for their designated classification including existing and designated uses, and to maintain the chemical, physical, and biological integrity of surface waters.

(c) All surface waters shall provide, wherever attainable, for the protection and propagation of fish, shellfish, and wildlife, and for recreation in and on the surface waters.

(d) Unless alterations in water quantity, including but not limited to flow rate, volume, area, or depth are caused by naturally-occurring conditions, surface water quantity shall be maintained at levels that protect existing uses and designated uses.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.02 Wetlands Criteria {#sec-env-wq-1703.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.02}

(a) Subject to (b), below, wetlands shall be subject to the criteria listed in this part.

(b) Wherever the naturally-occurring conditions of the wetlands are different from the criteria listed in these rules, the naturally-occurring conditions shall be the applicable water quality criteria.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.03 General Water Quality Criteria {#sec-env-wq-1703.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.03}

(a) The presence of pollutants in the surface waters shall not justify further introduction of pollutants from point or nonpoint sources, alone or in any combination.

(b) Once classified, state surface waters shall retain their legislated classification until such time as they are reclassified in accordance with RSA 485-A:10, even if they fail to meet any or all of the general, class-specific, or toxic criteria contained in this part.

(c) The following physical, chemical, and biological criteria shall apply to all surface waters:

(1) All surface waters shall be free from substances in kind or quantity that:

a. Settle to form harmful benthic deposits;

b. Float as foam, debris, scum, or other visible substances;

c. Produce odor, color, taste, or turbidity that is not naturally occurring and would render the surface water unsuitable for its designated uses;

d. Result in the dominance of nuisance species; or

e. Interfere with recreational activities;

(2) The level of radioactive materials in all surface waters shall not be in concentrations or combinations that would:

a. Be harmful to human, animal, or aquatic life or the most sensitive designated use;

b. Result in radionuclides in aquatic life exceeding the recommended limits for consumption by humans; or

c. Exceed limits specified in EPA’s national drinking water regulations or subtitle Env-Dw, whichever are more stringent; and

(3) Tainting substances shall not be present in concentrations that individually or in combination are detectable by taste and odor tests performed on the edible portions of aquatic organisms.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.04 Class-Specific Criteria {#sec-env-wq-1703.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.04}

(a) In addition to the general water quality criteria specified in Env-Wq 1703.03, the class-specific criteria specified in Env-Wq 1703.05 through Env-Wq 1703.33 shall apply to all surface waters.

(b) The surface waters in each classification shall satisfy all criteria applicable to the lower classification(s).

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.05 Combined Sewer Overflows {#sec-env-wq-1703.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.05}

(a) An applicant for a surface water discharge permit under RSA 485-A:13 who asserts that class B criteria cannot reasonably be met at all times in the receiving water due to combined sewer overflows shall conduct a use attainability analysis (UAA) in accordance with 40 CFR §131.10 and submit the UAA to the department.

(b) If, after public notice and comment, the department determines, based on the UAA and any public comments received, that the UAA supports the establishment of less stringent criteria, the department shall recommend a change in the classification of the waterbody to the legislature.

(c) Exceedances of class B criteria and uses due to combined sewer overflows shall be limited to those identified in the long-term combined sewer overflow plan developed in accordance with “EPA Combined Sewer Overflow (CSO) Control Policy”, EPA 830-B-94-001, dated April, 1994, available as noted in Appendix B, after full implementation of the control measures.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.06 Bacteria {#sec-env-wq-1703.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.06}

(a) Uses and criteria associated with bacteria shall be as set forth in RSA 485-A:8, I, II, and V, as summarized in Appendix E.

(b) Subject to (d), below, the bacteria criteria shall be applied at the end of a wastewater facility’s discharge pipe.

(c) Tidal waters shall meet the national shellfish sanitation program, guide for the control of molluscan shellfish within the shellfish beds as specified in RSA 485-A:8, V.

(d) For any combined sewer overflow that discharges into non-tidal surface waters, a bacteria criteria of 1,000 Escherichia coli per 100 milliliters shall apply at the end of the combined sewer overflow’s discharge pipe.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.07 Dissolved Oxygen {#sec-env-wq-1703.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.07}

(a) Class A waters shall have a dissolved oxygen content of at least 75% saturation, based on a daily average, and an instantaneous minimum of at least 6 mg/L at any place or time except as naturally occurs.

(b) Except as naturally occurs and subject to (c) through (e), below, class B waters shall have a dissolved oxygen content of:

(1) At least 75% of saturation, based on a daily average; and

(2) An instantaneous minimum dissolved oxygen concentration of at least 5 mg/L.

(c) In areas identified by the New Hampshire fish and game department (NHF&G) as cold water fish spawning areas of species whose early life stages are buried in the gravel on the bed of the surface water, the 7 day mean dissolved oxygen concentration shall be at least 9.5 mg/L and the instantaneous minimum dissolved oxygen concentration shall be at least 8 mg/L for the period from October 1 of one year to May 14 of the next year, provided that the time period shall be extended to June 30 for a specific discharge to a specific waterbody if modeling done in consultation with the NHF&G determines the extended period is necessary to protect spring spawners or late hatches of fall spawners, or both.

(d) Unless naturally occurring or subject to (a), above, surface waters within the top 25 percent of depth of thermally unstratified lakes, ponds, impoundments, and reservoirs or within the epilimnion shall contain a dissolved oxygen content of at least 75 percent saturation, based on a daily average and an instantaneous minimum dissolved oxygen content of at least 5 mg/L. Unless naturally occurring, the dissolved oxygen content below those depths shall be consistent with that necessary to maintain and protect existing and designated uses.

(e) As specified in RSA 485-A:8, III, waters in a temporary partial use area established under RSA 485-A:8, II as a surface water that is receiving a combined sewer overflow discharge shall contain not less than 5 parts per million of dissolved oxygen for the duration of the discharge and up to 3 days following cessation of the discharge.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.08 Benthic Deposits. {#sec-env-wq-1703.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.08}

(a) Class A waters shall contain no benthic deposits, unless naturally occurring.

(b) Class B waters shall contain no benthic deposits that have a detrimental impact on the benthic community, unless naturally occurring.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.09 Oil and Grease {#sec-env-wq-1703.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.09}

(a) Class A waters shall contain no oil or grease, unless naturally occurring.

(b) Class B waters shall contain no oil or grease in such concentrations that would impair any existing or designated uses.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.10 Color {#sec-env-wq-1703.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.10}

(a) Class A waters shall contain no color, unless naturally occurring.

(b) Class B waters shall contain no color in such concentrations that would impair any existing or designated uses, unless naturally occurring.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.11 Turbidity {#sec-env-wq-1703.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.11}

(a) Class A waters shall contain no turbidity, unless naturally occurring.

(b) Class B waters shall not exceed naturally occurring conditions by more than 10 NTUs.

(c) Turbidity in waters identified in RSA 485-A:8, III shall comply with the applicable long-term combined sewer overflow plan prepared in accordance with Env-Wq 1703.05(c).

(d) For purposes of state enforcement actions, if a discharge causes or contributes to an increase in turbidity of 10 NTUs or more above the turbidity of the receiving water upstream of the discharge or otherwise outside of the visible discharge, a violation of the turbidity standard shall be deemed to have occurred.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.12 Slicks, Odors, and Surface Floating Solids {#sec-env-wq-1703.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.12}

(a) Class A waters shall contain no slicks, odors, or surface floating solids unless naturally occurring.

(b) Class B waters shall contain no slicks, odors, or surface floating solids that would impair any existing or designated use, unless naturally occurring.

(c) Slicks, odors, and surface floating solids in waters in temporary partial use areas shall comply with the applicable long-term combined sewer overflow plan prepared in accordance with Env-Wq 1703.05(c).

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.13 Temperature {#sec-env-wq-1703.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.13}

(a) There shall be no change in temperature in class A waters, unless naturally occurring.

(b) Temperature in class B waters shall be as specified in RSA 485-A:8, II and VIII.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.14 Nutrients {#sec-env-wq-1703.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.14}

(a) Class A waters shall contain no phosphorus or nitrogen unless naturally occurring.

(b) Class B waters shall contain no phosphorus or nitrogen in such concentrations that would impair any existing or designated uses, unless naturally occurring.

(c) Existing discharges containing phosphorus or nitrogen, or both, which encourage cultural eutrophication shall be treated to remove the nutrient(s) to ensure attainment and maintenance of water quality standards.

(d) There shall be no new or increased discharge of phosphorus into lakes or ponds.

(e) There shall be no new or increased discharge containing phosphorus or nitrogen to tributaries of lakes or ponds that would contribute to cultural eutrophication or growth of weeds or algae in such lakes and ponds.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.15 Radionuclide Contaminants {#sec-env-wq-1703.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.15}

Waters within 20 miles upstream of any active surface water intake for a public water system as defined in RSA 485:1-a, XV shall not exceed the drinking water maximum contaminant level (MCL) for radionuclides contaminants, as specified in Env-Dw 703.01.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16
• #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.16 Beta Particle and Photon Radioactivity from Man-Made Sources {#sec-env-wq-1703.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.16}

Waters within 20 miles upstream of any active surface water intake for a public water system as defined in RSA 485:1-a, XV shall not exceed the annual dose equivalent for beta particle and photon radioactivity, as specified in Env-Dw 703.03.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16
• #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.17 Cyanotoxins {#sec-env-wq-1703.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.17}

(a) The recreational human health criteria to protect swimming and other recreation in and on the water from excessive microcystin and cylindrospermopsin toxins shall be as follows:

(1) Microcystin shall not exceed 8 μg/L in 3 or more 10-day periods during a calendar 12-month period; or

(2) Cylindrospermopsin shall not exceed 15 μg/L in 3 or more 10-day periods during a calendar 12-month period.

(b) The values in (a)(1) and (2) shall be concentrations not to be exceeded more than once in 5-years.

(c) Other cyanotoxins shall be evaluated based on known health risks and potential for cyanotoxin production and accumulation.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16
• #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.18 pH. {#sec-env-wq-1703.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.18}

(a) The pH of class A waters shall be as naturally occurs.

(b) As specified in RSA 485-A:8, II, the pH of class B waters shall be 6.5 to 8.0 unless due to natural causes.

(c) As specified in RSA 485-A:8, III, the pH of waters in temporary partial use areas shall be 6.0 to 9.0 unless due to natural causes.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.19 Biological and Aquatic Community Integrity {#sec-env-wq-1703.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.19}

(a) All surface waters shall support and maintain a balanced, integrated, and adaptive community of organisms having a species composition, diversity, and functional organization comparable to that of similar natural habitats of a region.

(b) Differences from naturally-occurring conditions shall be limited to non-detrimental differences in community structure and function.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.20 Target Risk for Human Health Criteria {#sec-env-wq-1703.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.20}

(a) Except as provided in (c) below, the department shall use a target risk of one in 1,000,000 when determining human health criteria.

(b) When establishing an alternative target risk the department shall not allow more risk than allowed by one in 100,000.

(c) The department shall use a target risk of one in 100,000 when determining human health criteria for arsenic.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.21 Water Quality Criteria for Toxic Substances {#sec-env-wq-1703.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.21}

(a) Unless naturally occurring or allowed under Env-Wq 1707, all surface waters shall be free from toxic substances or chemical constituents in concentrations or combinations that:

(1) Injure or are inimical to plants, animals, humans, or aquatic life; or

(2) Persist in the environment or accumulate in aquatic organisms to levels that result in harmful concentrations in:

a. Edible portions of fish, shellfish, or other aquatic life; or

b. Wildlife that might consume aquatic life.

(b) Unless allowed under Env-Wq 1707 or naturally occurring, concentrations of toxic substances in all surface waters shall not exceed the recommended safe exposure levels of the most sensitive surface water use shown in Table 1703-1, subject to the notes in Env-Wq 1703.22, as follows:

Table 1703-01: Water Quality Criteria for Toxic Substances

CAS Number

Chemical Name

Protection of Aquatic Life Concentration in micrograms per liter (μg/ L)^v

Protection of Human Health Units per Liter

Fresh Acute Criteria

Fresh Chronic Criteria

Marine Acute Criteria

Marine Chronic Criteria

Water & Fish Ingestion

Fish Consumption Only

83-32-9

Acenaphthene

1,700

520

970

710

20 μg ^j

20 μg ^j

107-02-8

Acrolein

3

3

55

--

3 μg

400 μg

107-13-1

Acrylonitrile

7,550

2,600

--

--

0.061 μg ^c

7 μg ^c

15972-60-8

Alachlor (Lasso)

--

--

--

--

Note l

--

116-06-3

Aldicarb (Temik)

--

--

--

--

Note l

--

1646-87-3

Aldicarb sulfoxide

--

--

--

--

Note l

--

1646-88-4

Aldicarb sulfone(aldoxycarb)

--

--

--

--

Note l

--

309-00-2

Aldrin

3.0 ^k

--

1.3 ^k

--

0.0007 ng ^c

0.0007 ng ^c

N/A

Alkalinity

--

20,000 ^u

--

--

--

--

7429-90-5

Aluminum

750 ^s

87^s

--

--

--

--

7664-41-7

Ammonia ^a

Note a

Note a

Note a

Note a

--

--

62-53-3

Aniline

28

14

77

37

--

--

120-12-7

Anthracene

(see Polynuclear Aromatic Hydrocarbons)

300 μg

400 μg

7440-36-0

Antimony

9,000

1,600

--

--

5.6 μg

640 μg

7440-38-2

Arsenic

340 ^{d, i}

150 ^{d, i}

69 ^{d, i}

36 ^{d, i}

0.19/0.18 μg ^{b, c, w}

4.1/2.2 μg ^{b, c, w}

1332-21-4

Asbestos

--

--

--

--

7,000,000 fibres ^c

--

1912-24-9

Atrazine (Atranex, Crisazine)

--

--

--

--

Note l

--

7440-39-3

Barium

--

--

--

--

1.0 mg

--

71-43-2

Benzene

5,300

--

5,100

700

2.1 μg ^c

58 μg ^c

92-87-5

Benzidine

2,500

--

--

--

0.14 ng ^c

11 ng ^c

56-55-3

Benzo(a) Anthracene

(see Polynuclear Aromatic Hydrocarbons)

0.0012 μg ^c

0.0013 μg ^c

50-32-8

Benzo(a) Pyrene

(see Polynuclear Aromatic Hydrocarbons)

0.00012 μg ^c

0.00013 μg ^c

205-99-2

Benzo(b) Fluoranthene

(see Polynuclear Aromatic Hydrocarbons)

0.0012 μg ^c

0.0013 μg ^c

192-97-2

Benzo(e) Pyrene

(see Polynuclear Aromatic Hydrocarbons)

--

--

191-24-2

Benzo(g,h,i) Perylene

(see Polynuclear Aromatic Hydrocarbons)

--

--

205-82-3

Benzo(j) Fluoranthene

(see Polynuclear Aromatic Hydrocarbons)

--

--

207-08-9

Benzo(k) Fluoranthene

(see Polynuclear Aromatic Hydrocarbons)

0.012 μg ^c

0.013 μg ^c

7440-41-7

Beryllium

130

5.3

--

--

Note l

--

608-73-1

BHC (Hexachloro-cyclohexane)

100 ^ek

--

0.34 ^ek

--

(see individual compounds)

319-84-6

alpha-BHC

(see BHC (Hexachloro-cyclohexane))

0.36 ng ^c

0.39 ng ^c

319-85-7

beta-BHC

(see BHC (Hexachloro-cyclohexane))

8 ng ^c

14 ng ^c

319-86-8

delta-BHC

(see BHC (Hexachloro-cyclohexane))

0.0123 μg

0.0414 μg

58-89-9

gamma-BHC (Lindane)

0.95

0.08 ^k

0.16 ^k

--

4.2 μg ^l

4.4 μg

608-73-1

technical-BHC

(see Hexachlorocyclo-hexane-(Technical))

(see Hexachlorocyclo-hexane-(Technical))

111-91-1

Bis (2-Chloroethoxy) methane

(see Chloroalkyl ethers)

--

--

111-44-4

Bis (2-Chloroethyl) Ether

(see Chloroalkyl ethers)

0.03 μg ^c

2.2 μg ^c

108-60-1

Bis (2-Chloroiso- propyl) ether

(see Chloroalkyl ethers)

200 μg

4,000 μg

117-81-7

Bis (2-Ethylhexyl)Phthalate

(see Phthalate esters)

0.32 μg ^c

0.37 μg ^c

75-25-2

Bromoform

(see Halomethanes)

7 μg ^c

120 μg ^c

101-55-3

4-Bromophenyl phenyl ether

(see Haloethers)

--

--

85-68-7

Butyl benzyl phthalate

(see Phthalate esters)

0.1 μg^c

0.1 μg^c

7440-43-9

Cadmium ⁱ

0.39 ^{f, d}

0.21 ^{f, d}

33 ^d

7.9 ^d

Note 1

--

63-25-2

Carbaryl

2.1

2.1

1.6

--

--

--

1563-66-2

Carbofuran (Furadon, 4F)

--

--

--

--

Note l

--

56-23-5

Carbon Tetrachloride

35,200

--

50,000

--

0.4 μg ^c

5 μg ^c

57-74-9

Chlordane

2.4 ^k

0.0043 ^k

0.09 ^k

0.004 ^k

0.31 ng ^c

0.32 ng ^c

N/A

Chlorinated benzenes

250 ^e

50 ^e

160 ^e

129 ^e

(see individual compounds)

108-90-7

Chlorobenzene

(See Chlorinated benzenes)

20 μg ^j

20 μg ^j

16887-00-6

Chlorides

860,000

230,000

--

--

--

--

70776-03-3

Chlorinated naphthalenes

1,600^e

--

7.5^e

--

(see individual compounds)

7782-50-5

Chlorine

19

11

13

7.5

Note 1

--

10049-04-4

Chlorine Dioxide, as ClO₂

--

--

--

--

Note l

--

N/A

Chloroalkyl ethers

238,000^e

--

--

--

(see individual compounds)

10599-90-3

Chloramines, as Cl₂

--

--

--

--

Note l

--

111-44-4

Chloroethyl ether (Bis-2)

(see Bis (2-Chloroethyl) Ether)

(see Bis (2-Chloroethyl) Ether)

110-75-8

Chloroethyl vinyl ether-2

(see Chloroalkyl ethers)

--

--

124-48-1

Chlorodibromomethane

(see Halomethanes)

0.8 μg ^c

21 μg ^c

111-91-1

Chloroethoxy methane (Bis-2)

(see Bis (2-Chloroethoxy) methane)

(see Bis (2-Chloroethoxy) methane)

67-66-3

Chloroform

28,900

1,240

(see Halomethanes)

60 μg ^c

2,000 μg ^c

108-60-1

Chloroisopropyl ether (Bis-2)

(see Bis (2-Chloroisopropyl) ether)

(see Bis (2-Chloroisopropyl) ether)

59-50-7

p-Chloro-m-cresol

(see 3-Methyl-4-chlorophenol)

(see 3-Methyl-4-chlorophenol)

542-88-1

Chloromethyl ether (Bis)

(see Chloroalkyl ethers)

0.15 ng ^c

17 ng ^c

91-58-7

Chloronaphthalene 2

(see Chlorinated naphthalenes)

800 μg

1,000 μg

95-57-8

Chlorophenol 2

4,380

2,000

--

--

0.1 μg ^j

0.1 μg ^j

108-43-0

Chlorophenol 3

--

--

--

--

0.1 μg ^j

0.1 μg ^j

106-48-9

Chlorophenol 4

--

--

29,700

--

0.1 μg ^j

0.1 μg ^j

93-72-1

Chlorophenoxy herbicides (2,4,5-TP)

--

--

--

--

100 μg ^l

400 μg

94-75-7

Chlorophenoxy herbicides (2,4-D)

--

--

--

--

1,300 μg ^l

12,000 μg

7005-72-3

Chlorophenyl phenyl ether 4

(see Haloethers)

--

--

2921-88-2

Chlorpyrifos

0.083

0.041

0.011

0.0056

--

--

59-50-7

Chloro-4 Methyl-3 Phenol

(see 3-Methyl-4-chlorophenol)

(see 3-Methyl-4-chlorophenol)

18540-29-9

Chromium+6

16 ^{d, i}

11 ^{d, i}

1,100 ^{d, i}

50 ^{d, i}

Note l

--

16065-83-1

Chromium+3

152 ^{f, d, i}

19.8 ^{f, d ,i}

10300

--

Note l

--

218-01-9

Chrysene

(see Polynuclear Aromatic Hydrocarbons)

0.12 μg ^c

0.13 μg ^c

7440-50-8

Copper ⁱ

2.9 ^{f, d}

2.3 ^{f, d}

4.8 ^d

3.1 ^d

1,000 μg ^j

1,000 μg ^j

57-12-5

Cyanide

22^m

5.2^m

1.0^m

1.0^m

4 μg ^q

400 μg ^q

72-55-9

DDE(4,4')

1050

--

14

--

0.018 ng ^c

0.018 ng ^c

72-54-8

DDD(4,4')

0.6

--

3.6

--

0.12 ng ^c

0.12 ng ^c

50-29-3

DDT(4,4')

1.1^{k, t}

0.001^{k, t}

0.13^{k, t}

0.001^{k, t}

0.03 ng ^c

0.03 ng ^c

75-99-0

Dalapon

--

--

--

--

Note l

--

8065-48-3

Demeton

--

0.1

--

0.1

--

--

333-41-5

Diazinon

0.17

0.17

0.82

0.82

--

--

53-70-3

Dibenzo(a,h)Anthracene

(see Polynuclear Aromatic Hydrocarbons)

0.12 ng ^c

0.13 ng^c

96-12-8

Dibromochloropropane (DBCP)

--

--

--

--

Note l

--

84-74-2

Dibutyl Phthalate

(see Di-n-butyl Phthalate)

(see Di-n-butyl Phthalate)

N/A

Dichlorobenzenes

1,120^e

763^e

1,970^e

--

(see individual compounds)

95-50-1

Dichlorobenzene(1,2)

(see Dichlorobenzenes)

1,000 μg ^l

3,000 μg

541-73-1

Dichlorobenzene(1,3)

(see Dichlorobenzenes)

7 μg

10 μg

106-46-7

Dichlorobenzene(1,4)

(see Dichlorobenzenes)

300 μg ^l

900 μg

91-94-1

Dichlorobenzidine(3,3^')

--

--

--

--

0.049 μg ^c

0.15 μg ^c

75-27-4

Dichlorobromomethane

(see Halomethanes)

0.95 μg ^c

27 μg ^c

75-71-8

Dichlorodifluoromethane

(see Halomethanes)

6.9 mg ^c

570 mg ^c

107-06-2

Dichloroethane(1,2)

118,000

20,000

113,000

--

9.9 μg ^{c, l}

650 μg ^c

25323-30-2

Dichloroethylenes

11,600 ^e

--

224,000 ^e

--

(see individual compounds)

75-35-4

Dichloroethylene(1,1)

(see Dichloroethylenes)

300 μg ^l

20,000 μg

156-59-2

Dichloroethylene (1,2-cis)

--

--

--

--(see Dichloroethylenes)

Note l

--

156-60-5

Dichloroethylene (1,2-Trans)

(see Dichloroethylenes)

100 μg ^l

4,000 μg

576-24-9

Dichlorophenol(2,3)

--

--

--

--

0.04 μg ^j

0.04 μg ^j

120-83-2

Dichlorophenol(2,4)

2020

365

--

--

0.3 μg ^j

0.3 μg ^j

583-78-8

Dichlorophenol(2,5)

--

--

--

--

0.5 μg ^j

0.5 μg ^j

87-65-0

Dichlorophenol(2,6)

--

--

--

--

0.2 μg ^j

0.2 μg ^j

95-77-2

Dichlorophenol(3,4)

--

--

--

--

0.3 μg ^j

0.3 μg ^j

26638-19-7

Dichloropropanes

23,000 ^e

5,700 ^e

10,300 ^e

3,040 ^e

(see individual compounds)

78-87-5

Dichloropropane(1,2)

(see Dichloropropanes)

0.9 μg ^c

31 μg ^c

26952-23-8

Dichloropropenes

6,060 ^e

244 ^e

790 ^e

--

(see individual compounds)

542-75-6

Dichloropropene(1,3)

(see Dichloropropenes)

0.27 μg ^c

12 μg ^c

60-57-1

Dieldrin

0.24

0.056^k

0.71^k

0.0019^k

0.0012 ng ^c

0.0012 ng ^c

84-66-2

Diethyl Phthalate

--

--

--

--

600 μg

600 μg

105-67-9

Dimethyl Phenol(2,4)

1,300

530

270

110

100 μg

400 μg ^j

131-11-3

Dimethyl Phthalate

(see Phthalate esters)

2,000 μg

2,000 μg

84-74-2

Di-n-butyl Phthalate

(see Phthalate esters)

20 μg

30 μg

N/A

Dinitrotoluenes

330 ^e

230 ^e

590 ^e

370 ^e

(see individual compounds)

121-14-2

Dinitrotoluene(2,4)

(see Dinitrotoluenes)

0.049 μg ^c

1.7 μg ^c

606-20-2

Dinitrotoluene(2,6)

(see Dinitrotoluenes)

--

--

534-52-1

Dinitro-o-cresol (4,6)

(see 2 Methyl-4,6-Dinitrophenol)

(see 2 Methyl-4,6-Dinitrophenol)

25550-58-7

Dinitrophenols

(see Nitrophenols)

10 μg

1,000 μg

51-28-5

Dinitrophenol(2,4)

(see Nitrophenols)

10 μg

300 μg

117-84-0

Di-n-octyl phthalate

(see Phthalate esters)

--

--

88-85-7

Dinoseb

--

--

--

--

Note l

--

85-00-7

Diquat

--

--

--

--

Note l

--

1746-01-6

2,3,7,8-TCDD (Dioxin)

--

--

--

--

0.000005 ng ^c

0.0000051 ng ^c

122-66-7

Diphenylhydrazine(1,2)

270

--

--

--

0.03 μg ^c

0.2 μg ^c

103-23-1

Di(2-ethylhexyl)adipate

--

--

--

--

Note l

--

117-81-7

Di-2-ethylhexyl phthalate

(see Bis (2-Ethylhexy)Phthalate)

(see Bis (2-Ethylhexy)Phthalate)

115-29-7

Endosulfan

0.22 ^{k, r}

0.056 ^{k, r}

0.034 ^{k, r}

0.0087 ^{k, r}

(see individual compounds)

959-98-8

alpha-Endosulfan

(see Endosulfan)

20 μg

30 μg

33213-65-9

beta-Endosulfan

(see Endosulfan)

20 μg

40 μg

1031-07-8

Endosulfan Sulfate

--

--

--

--

20 μg

40 μg

145-73-3

Endothall

--

--

--

--

Note l

--

72-20-8

Endrin

0.086

0.036

0.037 ^k

0.0023 ^k

0.03 μg

0.03 μg

7421-93-4

Endrin Aldehyde

--

--

--

--

1 μg

1 μg

100-41-4

Ethylbenzene

32000

--

430

--

68 μg

130 μg

106-93-4

Ethylene Dibromide (EDB)

--

--

--

--

Note l

--

206-44-0

Fluoranthene

(see Polynuclear Aromatic Hydrocarbons)

20 μg

20 μg

86-73-7

Fluorene

(see Polynuclear Aromatic Hydrocarbons)

50 μg

70 μg

16984-48-8

Flouride

--

--

--

--

Note l

--

1071-83-6

Glyphosate

--

--

--

--

Note l

--

86-50-0

Guthion

--

0.01

--

0.01

--

--

N/A

Haloethers

360 ^e

122 ^e

--

--

(see individual compounds)

N/A

Halomethanes

11,000 ^e

--

12,000 ^e

6,400 ^e

(see individual compounds)

76-44-8

Heptachlor

0.52 ^k

0.0038 ^k

0.053 ^k

0.0036 ^k

0.0059 ng ^c

0.0059 ng ^c

1024-57-3

Heptachlor Epoxide

0.52 ^k

0.0038 ^k

0.053 ^k

0.0036 ^k

0.032 ng ^c

0.032 ng ^c

67-72-1

Hexachloroethane

980

540

940

--

0.1 μg ^c

0.1 μg ^c

118-74-1

Hexachlorobenzene

(see Chlorinated benzenes)

0.079 ng ^c

0.079 ng ^c

87-68-3

Hexachlorobutadiene

90

9.3

32

--

0.01 μg ^c

0.01 μg ^c

608-73-1

Hexachlorocyclo-hexane-(Technical)

(see BHC (Hexachloro-cyclohexane))

0.0066 μg

0.01 μg

77-47-4

Hexachlorocyclopentadiene

7

5.2

7

--

1.0 ^j

1.0 ^j

193-39-5

Indeno(1,2,3-cd)Pyrene

(see Polynuclear Aromatic Hydrocarbons)

0.0012 μg ^c

0.0013 μg ^c

7439-89-6

Iron

--

1000

--

--

0.3 mg ^j

--

78-59-1

Isophorone

117,000

--

12,900

--

34 μg ^c

1,800 μg ^c

7439-92-1

Lead ⁱ

10.5 ^{f, d}

0.41 ^{f, d}

210 ^d

8.1 ^d

--

--

121-75-5

Malathion

--

0.1

--

0.1

--

--

7439-96-5

Manganese

--

--

--

--

50 μg ^j

100 μg

7439-97-6

Mercury

1.4 ^{d, i}

0.77 ^{d, i}

1.8 ^{d, i}

0.94 ^{d, i}

0.05 μg

0.051 μg

72-43-5

Methoxychlor

--

0.03

--

0.03

0.02 μg

0.02 μg

74-83-9

Methyl Bromide

(see Halomethanes)

100 μg

10,000 μg

74-87-3

Methyl Chloride

(see Halomethanes)

--

--

1634-04-4

Methyl tertiary-butyl ether (MtBE)

--

--

--

--

Note l

--

75-09-2

Methylene Chloride

(see Halomethanes)

20 μg ^cl

1,000 μg ^c

22967-92-6

Methylmercury

(see Mercury )

--

0.3 mg/kg ^g

534-52-1

2 Methyl-4,6-Dinitrophenol

(see Nitrophenols)

2 μg

30 μg

1570-64-5

2-Methyl-4-chlorophenol

--

--

--

--

1,800 μg ^j

1,800 μg ^j

59-50-7

3-Methyl-4-chlorophenol

30

--

--

--

500 μg ^j

2,000 μg ^j

615-74-7

3-Methyl-6-chlorophenol

--

--

--

--

20 μg ^j

20 μg ^j

2385-85-5

Mirex

--

0.001

--

0.001

--

--

91-20-3

Naphthalene

2,300

620

2,350

--

--

--

7440-02-0

Nickel ⁱ

120.0 ^{f, d}

13.3 ^{f, d}

74 ^d

8.2 ^d

610 μg

4,600 μg

14797-65-0

Nitrite-N

--

--

--

--

Note l

--

14797-55-8

Nitrate-N

--

--

--

--

10 mg^l

--

14797-55-8

14797-65-0

Nitrate-N + Nitrite-N

--

--

--

--

Note l

--

98-95-3

Nitrobenzene

27000

--

6680

--

10 μg

30 μg^j

25154-55-6

Nitrophenols

230 ^e

150 ^e

4,850 ^e

--

(see individual compounds)

88-75-5

Nitrophenol 2

(see Nitrophenols)

--

--

100-02-7

Nitrophenol 4

(see Nitrophenols)

--

--

N/A

Nitrosamines

5,850 ^e

--

3,300,000 ^e

--

0.8 ng

1.24 μg

924-16-3

Nitrosodibutylamine N

(see Nitrosamines)

6.3 ng ^c

220 ng ^c

55-18-5

Nitrosodiethylamine N

(see Nitrosamines)

0.8 ng ^c

1,240 ng ^c

62-75-9

Nitrosodimethylamine N

(see Nitrosamines)

0.69 ng ^c

3 μg ^c

621-64-7

Nitrosodi-n-propylamine N

(see Nitrosamines)

0.005 μg ^c

0.51 μg ^c

86-30-6

Nitrosodiphenylamine N

(see Nitrosamines)

3.3 μg ^c

6 μg ^c

930-55-2

Nitrosopyrrolidine N

(see Nitrosamines)

16 ng ^c

34,000 ng ^c

84852-15-3

Nonylphenol

28

6.6

7

1.7

--

--

56-38-2

Parathion

0.065

0.013

--

--

--

--

1336-36-3

PCB

2.0 ^{e, n}

0.014 ^{e, n}

10.0^{e, n}

0.03^{e, n}

0.064 ng ^{c, n}

0.064 ng ^{c, n}

N/A

PCB-1242

(see PCB)

(see PCB)

(see PCB)

N/A

PCB-1254

(see PCB)

(see PCB)

(see PCB)

N/A

PCB-1221

(see PCB)

(see PCB)

(see PCB)

N/A

PCB-1248

(see PCB)

(see PCB)

(see PCB)

N/A

PCB-1260

(see PCB)

(see PCB)

(see PCB)

N/A

PCB-1016

(see PCB)

(see PCB)

(see PCB)

76-01-7

Pentachloroethane

7240

1100

390

281

--

--

608-93-5

Pentachlorobenzene

(see Chlorinated benzenes)

0.1 μg

0.1 μg

87-86-5

Pentachlorophenol

5.28 ^h

4.05 ^h

13

7.9

0.03 μg ^c

0.04 μg ^c

85-01-8

Phenanthrene

(see Polynuclear Aromatic Hydrocarbons)

--

--

108-95-2

Phenol

10,200

2,560

5,800

--

300 μg ^j

300 μg ^j

N/A

Phthalate Esters

940 ^e

3 ^e

2,944 ^e

3.4 ^e

--

--

1336-36-3

Polychlorinated Biphenyls

(see PCBs)

(see PCB)

(see PCB)

N/A

Polynuclear Aromatic Hydrocarbons

--

--

300 ^e

--

(see individual compounds)

23135-22-0

Oxamyl (Vydate)

--

--

--

--

Note l

--

355-46-4

Perfluorohexane sulfonic acid (PFHxS)

--

--

--

--

Note l

--

375-95-1

Perfluorononanoic acid (PFNA)

--

--

--

--

Note l

--

1763-23-1

Perfluorooctane sulfonic acid (PFOS)

--

--

--

--

Note l

--

335-67-1

Perfluorooctanoic Acid (PFOA)

--

--

--

--

Note l

--

1918-02-1

Picloram

--

--

--

--

Note l

--

129-00-0

Pyrene

(see Polynuclear Aromatic Hydrocarbons)

20 μg

30 μg

7782-49-2

Selenium

Note o

Note o

290^d,i

71^d,i

170 μg ^l

4,200 μg

7440-22-4

Silver

0.20^{d,f, i, k}

--

1.9^d,i,k

--

105 μg ^p

65 mg ^p

122-34-9

Simazine

--

--

--

--

Note l

--

100-42-5

Styrene

--

--

--

--

Note l

--

7783-06-4

Sulfide-Hydrogen Sulfide

--

2

--

2

--

--

95-94-3

Tetrachlorobenzene 1,2,4,5

(see Chlorinated benzenes)

0.03 μg

0.03 μg

79-34-5

Tetrachloroethane 1,1,2,2

(see Tetrachlor-oethanes)

2400

9020

--

0.2 μg ^c

3 μg ^c

25322-20-7

Tetrachloroethanes

9,320 ^e

--

--

--

(see individual compounds)

127-18-4

Tetrachloroethylene

5,280

840

10,200

450

10 μg ^c

29 μg ^c

935-95-5

Tetrachlorophenol 2,3,5,6

--

--

440

--

--

--

58-90-2

Tetrachlorophenol 2,3,4,6

--

--

--

--

1.0 μg ^j

1.0 μg ^j

7440-28-0

Thallium

1,400

40

2,130

--

0.24 μg

0.47 μg

108-88-3

Toluene

17,500

--

6,300

5,000

57 μg

520 μg

8001-35-2

Toxaphene

0.73

0.0002

0.21

0.0002

0.70 ng ^c

0.71 ng ^c

N/A

Tributyltin (TBT)

0.46

0.072

0.42

0.0074

--

--

N/A

Trichlorinated Ethanes

18,000 ^e

--

--

--

(see individual compounds)

120-82-1

Trichlorobenzene 1,2,4

(see Chlorinated benzenes)

0.071 μg ^c

0.076 μg ^c

71-55-6

Trichloroethane 1,1,1

--

--

31,200

--

10 mg ^l

200 mg

79-00-5

Trichloroethane 1,1,2

--

9,400

--

--

0.55 μg ^c

8.9 μg ^c

79-01-6

Trichloroethylene

45,000

21,900

2,000

--

0.6 μg ^c

7 μg ^c

75-69-4

Trichlorofluoromethane

(see Halomethanes)

10 mg

860 mg

95-95-4

Trichlorophenol 2,4,5

--

--

--

--

1.0 μg ^j

1.0 μg ^j

88-06-2

Trichlorophenol 2,4,6

--

970

--

--

1.5 μg ^c

2.0 μg ^{c , j}

75-01-4

Vinyl Chloride

--

--

--

--

0.022 μg ^c

1.6 μg ^c

1330-20-7

Xylene, Total

--

--

--

--

Note l

--

7440-66-6

Zinc ⁱ

30.0 ^{f, d}

30.0 ^{f, d}

90^d

81^d

5,000 μg ^j

5,000 μg ^j

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.22 Notes For Table 1703-1 {#sec-env-wq-1703.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.22}

The following shall apply to Table 1703-1:

(a) The letter “a” shall indicate that the freshwater and saltwater aquatic life criteria for ammonia are shown in Env-Wq 1703.25 through Env-Wq 1703.32;

(b) The letter “b” shall indicate that the criteria refer to the inorganic form only;

(c) The letter “c” shall indicate that these criteria for the protection of human health are based on carcinogenicity using a target risk of one in 1,000,000, except for arsenic which shall be based on a target risk of one in 100,000, while the human health criteria without this footnote are based on systemic toxicity. Other target risks shall be allowed only as specified in Env-Wq 1703.20;

(d) The letter “d” shall indicate that criteria for these metals are expressed as a function of the water effect ratio (WER), and that because the values displayed in Table 1703-1 correspond to a WER of 1.0, metals criteria for different WERs shall be determined using the procedures described in the EPA publication “Interim Guidance on Determination and Use of Water-Effect Ratios for Metals”, EPA-823-B-94-001, dated February 1994, available as noted in Appendix B, provided that for copper, either of the following references, both available as noted in Appendix B, may also be used:

(1) The “Streamlined Water-Effect Ratio procedure for Discharges of Copper”, EPA-822-R-01-005, dated March 2001; or

(2) The Biotic Ligand Model, freshwater only, as described in “Aquatic Life Ambient Freshwater Quality Criteria - Copper”, EPA-822-R-07-001, dated February 2007;

(e) The letter “e” shall indicate that the following classes of compounds have 2 or more isomers and the appropriate aquatic life criteria apply to the sum of the concentrations of each isomer:

(1) BHC;

(2) Chlorinated benzenes;

(3) Chlorinated naphthalenes;

(4) Chloroalkyl ethers;

(5) Dichlorobenzenes;

(6) Dichloroethylenes;

(7) Dichloropropanes;

(8) Dichloropropenes;

(9) Dinitrotoluenes;

(10) Haloethers;

(11) Halomethanes;

(12) Nitrophenols;

(13) Nitrosamines;

(14) PCB;

(15) Phthalate esters;

(16) Polynuclear aromatic hydrocarbons;

(17) Tetrachloroethanes; and

(18) Trichlorinatedethanes;

(f) The letter “f” shall indicate that the freshwater aquatic criteria for these metals are expressed as a function of the total hardness, as mg/L CaCO3 of the surface water, and that because the values displayed in Table 1703-1 correspond to a total hardness of 20 mg/L the aquatic life criteria for other hardness values expressed as calcium carbonate shall be calculated using the equations and tables in Env-Wq 1703.23 and Env-Wq 1703.24;

(g) The letter “g” shall indicate that if the methylmercury concentration in the edible portion of the aquatic species of concern exceeds 0.3 mg/kg, a risk assessment shall be conducted to determine whether a consumption advisory should be issued for the surface water. If a consumption advisory is issued by the department, the surface water shall be considered in non-attainment of the fish or shellfish consumption designated uses and in violation of these surface water quality regulations;

(h) The letter “h” shall indicate that the freshwater aquatic life criteria for pentachlorophenol are expressed as a function of pH. Values displayed in Table 1703-1 correspond to a pH value of 6.5. For other pH values, the formulas shown in Env-Wq 1703.33 shall be used;

(i) The letter “i” shall indicate that the values presented for aquatic life protection are dissolved metals and for hardness-dependent metals are based on a hardness of 20 mg/L. To convert dissolved to total recoverable metal, the equations and tables in Env-Wq 1703.23 shall be used. To calculate dissolved or total recoverable fresh water criteria for hardness-dependent metals for hardness values other than 20 mg/l, the equations and tables shown in Env-Wq 1703.23 and Env-Wq 1703.24 shall be used;

(j) The letter “j” shall indicate that these human health criteria prevent taste and odor effects in the surface water and in fish and other aquatic life as prohibited in Env-Wq 1703.03(c)(1)c. and (3);

(k) The letter “k” shall indicate that the acute criteria are based on EPA’s 304(a) criteria in the 1980 documents listed below and were derived to be used as instantaneous maximum values, or to be applied after division by 2, to obtain a value comparable to an acute criterion as a 1-hour average when assessment is done using an averaging period:

(1) Aldrin/Dieldrin, document number 440/5-80-019;

(2) Chlordane, document number 440/5-80-027;

(3) DDT, document number 440/5-80-038;

(4) Endosulfan, document number 440/5-80-046;

(5) Endrin, document number 440/5-80-047;

(6) Gamma-BHC (lindane), document number 440/5-80-054;

(7) Heptachlor, document number 440/5-80-052;

(8) Hexachlorocyclohexane, document number 440/5-80-054; or

(9) Silver, document number 440/5-80-071;

(l) The letter “l” shall indicate that there is a more stringent drinking water maximum contaminant level (MCL) specified in Env-Dw 700, so if the surface water is a source for a public water system as defined in RSA 485:1-a, XV or is within 20 miles upstream of any active surface water intake for a public water system, the department shall use the MCL values shown in Table 1703-2A, below, for the water and fish ingestion human health criteria. The following criteria shall be met as a running annual average except for Nitrite-N and Nitrite-N + Nitrate-N which shall be instantaneous acute criteria:

Table 1703-2A: MCL Values for Water and Fish Ingestion Criteria

CAS Number

Chemical Name

MCL

(Units per Liter)

15972-60-8

Alachlor (Lasso)

2 μg

116-06-3

Aldicarb (Temik)

3 μg

1646-87-3

Aldicarb sulfoxide

4 μg

1646-88-4

Aldicarb sulfone (aldoxycarb)

2 μg

1912-24-9

Atrazine (Atranex, Crisazine)

3 μg

7440-41-7

Beryllium

4 μg

7440-43-9

Cadmium

5 μg

1563-66-2

Carbofuran (Furadon, 4F)

40 μg

7782-50-5

Chlorine (as Cl₂)

4 mg

10599-90-3

Chloramines, as Cl2

4 mg

10049-04-4

Chlorine Dioxide, as ClO2

0.8 mg

94-75-7

Chlorophenoxy herbicides (2,4-D)

70 μg

93-72-1

Chlorophenoxy herbicides (2,4,5-TP)

50 μg

18540-29-9

Chromium+6

see Chromium Total

16065-83-1

Chromium+3

see Chromium Total

7440-47-3

Chromium Total (equal to the sum of Chromium+3 plus Chromium+6)

100 μg

75-99-0

Dalapon

200 μg

96-12-8

Dibromochloropropane (DBCP)

0.2 μg

95-50-1

Dichlorobenzene (1,2)

600 μg

106-46-7

Dichlorobenzene(1,4)

75 μg

107-06-2

Dichloroethane (1,2)

5 μg

75-35-4

Dichloroethylene(1,1)

7 μg

156-59-2

Dichloroethylene (1,2-cis)

70 μg

156-60-5

Dichloroethylene(1,2-Trans)

100 μg

88-85-7

Dinoseb

7 μg

85-00-7

Diquat

20 μg

103-23-1

Di(2-ethylhexyl)adipate

400 μg

145-73-3

Endothall

100 μg

106-93-4

Ethylene Dibromide (EDB)

0.05 μg

16984-48-8

Fluoride

4 mg

58-89-9

gamma-BHC (Lindane)

0.2 μg

1071-83-6

Glyphosate

700 μg

75-09-2

Methylene Chloride

5 μg

1634-04-4

Methyl tertiary-butyl ether (MtBE)

13 μg

14797-65-0

Nitrite-N

1 mg

14797-55-8

Nitrate-N

10 mg

14797-55-8

14797-65-0

Nitrate-N + Nitrite-N

10 mg

23135-22-0

Oxamyl (Vydate)

200 μg

355-46-4

Perfluorohexane sulfonic acid (PFHxS)

18 ng

375-95-1

Perfluorononanoic acid (PFNA)

11 ng

1763-23-1

Perfluorooctane sulfonic acid (PFOS)

15 ng

335-67-1

Perfluorooctanoic Acid (PFOA)

12 ng

1918-02-1

Picloram

500 μg

7782-49-2

Selenium

50 μg

122-34-9

Simazine

4 μg

100-42-5

Styrene

100 μg

71-55-6

Trichloroethane 1,1,1

200 μg

1330-20-7

Xylene, Total

10 mg

(m) The letter “m” shall indicate that these criteria are expressed as micrograms of free cyanide per liter;

(n) The letter “n” shall indicate that these criteria apply to total PCBs or the sum of all of its congener, isomer, homolog, or Arochlor analyses;

(o) The letter “o” shall indicate that the freshwater aquatic life criteria for selenium are shown in Env-Wq 1703.34;

(p) The letter “p” shall indicate that these human health criteria for silver shall be for the protection of humans from argyria;

(q) The letter “q” shall indicate that this value is expressed as total cyanide;

(r) The letter “r” shall indicate that this data was derived from data for endosulfan and is most appropriately applied to the sum of alpha-endosulfan and beta-endosulfan;

(s) Subject to (1) and (2), below, the letter “s” shall indicate that this value is expressed as acid-soluble aluminum:

(1) Where waterbody specific pH, dissolved organic carbon and hardness are available, sample specific total aluminum criteria shall be determined using the procedures described in the EPA publication “Final Aquatic Life Ambient Water Quality Criteria for Aluminum”, EPA-822-R-18-001, dated December 2018, available as noted in Appendix B, provided that for aluminum, either of the following references shall be used to calculate the site-specific criteria:

a. The “Aluminum Criteria Calculator V2.0 (Excel)(xlsm)”, dated December 2018, available as noted in Appendix B; or

b. The “Aluminum Criteria Calculator R Code and Data V2.0(R)”, dated November 15, 2019, available as noted in Appendix B; and

(2) For characterizing ambient waters using the criteria in (1), above, analytical methods that measure the bioavailable fraction of aluminum may be used in accordance with this paragraph where permitted by applicable federal regulations. The bioavailable fraction of aluminum shall be measured, as scientifically appropriate, using a less aggressive initial acid digestion than done for total recoverable aluminum, such as to a pH of approximately 4 or lower, that includes the measurement of amorphous aluminum hydroxide yet minimizes the measurement of mineralized forms of aluminum such as aluminum silicates associated with suspended sediment particles or clays;

(t) The letter “t” shall indicate that the total concentration of DDT and its metabolites shall not exceed this value;

(u) The letter “u” shall indicate that the chronic criterion of 20 mg/L shall be the minimum value except where alkalinity is naturally lower, in which case the criterion shall not be lower than 25 percent of the natural level;

(v) Unless otherwise indicated in Env-Wq 1703.22 (k), (o), or Env-Wq 1703.26(c), the protection of aquatic life concentration values in Table 1703-1 are acute as a 1-hour average and chronic as a 4-day average, both of which shall not to be exceeded more than once in 3-years; and

(w) The letter “w” shall indicate that for arsenic, the first value is for freshwaters and the second value is for marine waters as it relates to protection of human health.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.23 Conversion Factors For Metals {#sec-env-wq-1703.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.23}

(a) Dissolved metal shall be determined by multiplying total recoverable metal by the conversion factor listed in Table 1703-2 for that metal, shown in equation form as follows:

Dissolved Metal = Total Recoverable Metal x Conversion Factor

(b) Total recoverable metals shall be determined by dividing dissolved metals by the conversion factor listed in Table 1703-2, shown in equation form as follows:

Total Recoverable Metal = Dissolved Metal / Conversion Factor

(c) The conversion factors in Table 1703-2 shall be used as translators to go from the dissolved metals criteria listed in Table 1703-1 to permit limits expressed as total recoverable metals by dividing dissolved metal by the conversion factor.

(d) If the hardness of the receiving water is different than 20 mg/L, then aquatic life criteria for hardness-dependent metals shall be calculated as follows:

(1) The equations in Env-Wq 1703.24(a) and (b) shall be used in conjunction with the coefficients shown in Table 1703-3 to calculate the total recoverable metal for freshwater;

(2) The equations shown in (a) and (b), above, shall be used in conjunction with the factors shown in Table 1703-2 to convert total recoverable metal to dissolved metal or dissolved metal to total recoverable metal;

(3) For hardness less than 20 mg/L, a hardness of 20 mg/L shall be used in the equations; and

(4) For hardness values greater than 400 mg/L, a hardness of 400 mg/L shall be used in the equations.

(e) Table 1703-2 shall be as follows, provided that the conversion factors for cadmium and lead shall be no greater than 1.0:

Table 1703-2: Factors to Convert Total Recoverable Metals to Dissolved Metals

FRESHWATER

Conversion Factors

MARINE

Conversion Factors

Acute

Chronic

Acute

Chronic

Arsenic

1.0

1.0

1.0

1.0

Cadmium

1.136672 - [(Ln Hardness)(0.041838)]

1.101672 - [(Ln Hardness)(0.041838)]

0.994

0.994

Chromium (+3)

0.316

0.860

Chromium (+6)

0.982

0.962

0.993

0.993

Copper

0.960

0.960

0.83

0.83

Lead

1.46203 - [(Ln Hardness)(0.145712)]

1.46203 - [(Ln Hardness)(0.145712)]

0.951

0.951

Mercury

0.85

0.85

0.85

0.85

Nickel

0.998

0.997

0.990

0.990

Selenium

0.998

0.998

Silver

0.85

0.85

Zinc

0.978

0.986

0.946

0.946

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.24 Freshwater Aquatic Life Criteria For Metals {#sec-env-wq-1703.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.24}

To calculate freshwater aquatic life criteria for total recoverable metals, the equations described in (a) and (b), below, shall be used in conjunction with the coefficients shown in (c), Table 1703-3, below, provided that the values used for hardness in the equations shall be as specified in Env-Wq 1703.23(d):

(a) To calculate the acute criteria, in μg/L, for the metals shown Table 1703-3, the exponent “e” shall be raised to the power “x” where “x” is equal to the parenthetical expression “ma” multiplied by the natural logarithm (ln) of the hardness and to which product the value “ba” shall be added, as follows:

Acute Criteria = ex where x = ( ma [ ln (hardness) ] + ba)

(b) To calculate the chronic criteria, in μg/L, for the metals shown in Table 1703-3, the exponent “e” shall be raised to the power “x” where “x” is equal to the parenthetical expression “mc” multiplied by the natural logarithm of the hardness and to which product the value “bc” shall be added, as follows:

Chronic Criteria = ex where x = ( mc [ ln (hardness) ] + bc)

(c) Table 1703-3 shall be as follows:

Table 1703-3: Coefficients in Equations for Calculating Total Recoverable Aquatic Life Criteria for Metals

m_a

b_a

m_c

b_c

Cadmium

0.9789

-3.866

0.7977

-3.909

Copper

0.9422

-1.700

0.8545

-1.702

Chromium+3

0.8190

3.7256

0.8190

0.6848

Lead

1.273

-1.460

1.273

-4.705

Nickel

0.8460

2.255

0.8460

0.0584

Silver

1.72

-6.59

---

---

Zinc

0.8473

0.884

0.8473

0.884

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.25 Freshwater Acute Aquatic Life Criteria For Ammonia {#sec-env-wq-1703.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.25}

(a) Subject to (b) through (d), below, to determine freshwater acute aquatic life criteria for ammonia, in milligrams of nitrogen per liter (mg N/L), the applicant shall use:

(1) Table 1703-4A, where salmonids in the genus Oncorhynchus are or might be present; and

(2) Table 1703-4B, where salmonids in the genus Oncorhynchus are absent.

(b) The freshwater acute water quality criteria for ammonia in Table 1703-4A where salmonids in the genus Oncorhynchus are or might be present shall be calculated by taking the lesser of the value resulting from dividing 0.275 by the sum of one plus 10 raised to the power of 7.204 minus the pH, and adding the resulting value to the value found by dividing 39.0 by the sum of one plus 10 raised to the power of the pH minus 7.204, to the value resulting from dividing 0.0114 by the sum of one plus 10 raised to the power of the 7.204 minus pH, and adding the resulting value found by dividing 1.6181 by the sum of one plus 10 raised to the power of the pH minus 7.204 and multiplying this value by 0.7249 multiplied by the value resulting from multiplying 23.12 by 10 raised to the power of 0.036 multiplied by value of 20 minus the temperature, as shown in the following equation:

Freshwater Acute Criteria, Salmonids in the Genus Onchorhynchus Present =

MIN { [0.275 / (1+10 7.204-pH) + 39.0 / (1+10 pH-7.204)],

[0.7249 x[0.0114/(1+10 7.204-pH) + 1.6181 / (1+10 pH-7.204)] x (23.12 x 10 0.036 x(20-T))] }

Where MIN indicates the lesser of the two values separated by a comma.

(c) The freshwater acute water quality criteria for ammonia in Table 1703-4B where salmonids in the genus Oncorhynchus are absent shall be calculated by dividing 0.0114 by the sum of one plus 10 raised to the power of 7.204 minus the pH, and adding the resulting value to the value found by dividing 1.6181 by the sum of one plus 10 raised to the power of the pH minus 7.204, and multiplying this value by 0.7249 multiplied by the lesser of 51.93 or the value resulting from multiplying 23.12 by 10 raised to the power of 0.036 multiplied by value of 20 minus the temperature as shown in the following equation:

Freshwater Acute Criteria, Salmonids in the Genus Onchorhynchus Absent =

{0.7249 x[0.0114/(1+10 7.204-pH) + 1.6181 / (1+10 pH-7.204)]} x MIN [ 51.93, (23.12 x 10 0.036 x(20-T))]

Where MIN indicates the lesser of the 2 values separated by a comma.

(d) The equations described in (b) and (c), above, shall be used to calculate freshwater acute water quality criteria for ammonia at unlisted pH and temperature values.

(e) Table 1703-4A and Table 1703-4B shall be as follows:

Table 1703-4A: Freshwater Acute Aquatic Life Criteria For Ammonia in mg N/L

Salmonids in the Genus Oncorhynchus Present

pH

Temperature, Degrees C

0-14

15

16

18

20

22

24

26

28

30

6.5

33

33

32

27

23

19

16

14

12

9.9

6.6

31

31

30

26

22

18

16

13

11

9.5

6.7

30

30

29

24

21

18

15

13

11

9.0

6.8

28

28

27

23

20

17

14

12

10

8.5

6.9

26

26

25

21

18

15

13

11

9.4

7.9

7.0

24

24

23

20

17

14

12

10

8.6

7.3

7.1

22

22

21

18

15

13

11

9.3

7.9

6.7

7.2

20

20

19

16

14

12

9.8

8.3

7.1

6.0

7.3

18

18

17

14

12

10

8.7

7.4

6.3

5.3

7.4

15

15

15

13

11

9.0

7.7

6.5

5.5

4.7

7.5

13

13

13

11

9.2

7.8

6.6

5.6

4.8

4.0

7.6

11

11

11

9.3

7.9

6.7

5.7

4.8

4.1

3.5

7.7

9.6

9.6

9.3

7.9

6.7

5.7

4.8

4.1

3.5

3.0

7.8

8.1

8.1

7.9

6.7

5.6

4.8

4.0

3.4

2.9

2.5

7.9

6.8

6.8

6.6

5.6

4.7

4.0

3.4

2.9

2.4

2.1

8.0

5.6

5.6

5.4

4.6

3.9

3.3

2.8

2.4

2.0

1.7

8.1

4.6

4.6

4.5

3.8

3.2

2.7

2.3

2.0

1.7

1.4

8.2

3.8

3.8

3.7

3.1

2.7

2.3

1.9

1.6

1.4

1.2

8.3

3.1

3.1

3.1

2.6

2.2

1.9

1.6

1.3

1.1

0.96

8.4

2.6

2.6

2.5

2.1

1.8

1.5

1.3

1.1

0.93

0.79

8.5

2.1

2.1

2.1

1.8

1.5

1.3

1.1

0.90

0.77

0.65

8.6

1.8

1.8

1.7

1.5

1.2

1.0

0.88

0.75

0.63

0.54

8.7

1.5

1.5

1.4

1.2

1.0

0.87

0.74

0.62

0.53

0.45

8.8

1.2

1.2

1.2

1.0

0.86

0.73

0.62

0.52

0.44

0.37

8.9

1.0

1.0

1.0

0.85

0.72

0.61

0.52

0.44

0.37

0.32

9.0

0.88

0.88

0.86

0.73

0.62

0.52

0.44

0.37

0.32

0.27

Table 1703-4B: Freshwater Acute Aquatic Life Criteria For Ammonia in mg N/L,

Salmonids in the Genus Oncorhynchus Absent

pH

Temperature, Degrees C

0-10

12

14

16

18

20

22

24

26

28

30

6.5

51

44

37

32

27

23

19

16

14

12

9.9

6.6

49

42

36

30

26

22

18

16

13

11

9.5

6.7

46

40

34

29

24

21

18

15

13

11

9.0

6.8

44

38

32

27

23

20

17

14

12

10

8.5

6.9

41

35

30

25

21

18

15

13

11

9.4

7.9

7.0

38

33

28

23

20

17

14

12

10

8.6

7.3

7.1

34

30

25

21

18

15

13

11

9.3

7.9

6.7

7.2

31

27

23

19

16

14

12

9.8

8.3

7.1

6.0

7.3

27

24

20

17

14

12

10

8.7

7.4

6.3

5.3

7.4

24

21

18

15

13

11

9.0

7.7

6.5

5.5

4.7

7.5

21

18

15

13

11

9.2

7.8

6.6

5.6

4.8

4.0

7.6

18

15

13

11

9.3

7.9

6.7

5.7

4.8

4.1

3.5

7.7

15

13

11

9.3

7.9

6.7

5.7

4.8

4.1

3.5

2.9

7.8

13

11

9.3

7.9

6.7

5.6

4.8

4.0

3.4

2.9

2.5

7.9

11

9.1

7.7

6.6

5.6

4.7

4.0

3.4

2.9

2.4

2.1

8.0

8.8

7.6

6.4

5.4

4.6

3.9

3.3

2.8

2.4

2.0

1.7

8.1

7.2

6.3

5.3

4.5

3.8

3.2

2.7

2.3

2.0

1.7

1.4

8.2

6.0

5.2

4.4

3.7

3.1

2.7

2.3

1.9

1.6

1.4

1.2

8.3

4.9

4.3

3.6

3.1

2.6

2.2

1.9

1.6

1.3

1.1

0.96

8.4

4.1

3.5

3.0

2.5

2.1

1.8

1.5

1.3

1.1

0.93

0.79

8.5

3.3

2.9

2.4

2.1

1.8

1.5

1.3

1.1

0.90

0.77

0.65

8.6

2.8

2.4

2.0

1.7

1.5

1.2

1.0

0.88

0.75

0.63

0.54

8.7

2.3

2.0

1.7

1.4

1.2

1.0

0.87

0.74

0.62

0.53

0.45

8.8

1.9

1.7

1.4

1.2

1.0

0.86

0.73

0.62

0.52

0.44

0.37

8.9

1.6

1.4

1.2

1.0

0.85

0.72

0.61

0.52

0.44

0.37

0.32

9.0

1.4

1.2

1.0

0.86

0.73

0.62

0.52

0.44

0.37

0.32

0.27

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.26 Freshwater Chronic Aquatic Life Criteria For Ammonia {#sec-env-wq-1703.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.26}

(a) Subject to (b) through (d), below, Table 1703-4C shall be used to determine freshwater chronic aquatic life criteria for ammonia, in mg N/L.

(b) The freshwater chronic water quality criteria for ammonia in Table 1703-4C have been calculated by adding the value found by dividing 0.0278 by the sum of one plus 10 raised to the power of 7.688 minus the pH to the value found by dividing 1.1994 by one plus 10 raised to the power of pH minus 7.688, and multiplying the resulting value by 0.8876 multiplied by the value resulting from multiplying 2.126 by 10 raised to the power of 0.028 times the value of 20 minus the greater of the temperature or 7, as shown in the following equation:

Freshwater Chronic Criteria for Ammonia:

Criteria = 0.8876 x [0.0278/(1+10 7.688-pH) + 1.1994/(1+10 pH-7.688)] x [2.126 x 10 0.028 x (20-MAX(T,7))]

Where MAX indicates the greater of the two values separated by a comma.

(c) The chronic criteria in Table 1703-4C represent a 30-day rolling average, but the highest 4-day average within any 30-day averaging period shall not exceed 2.5 times the chronic criteria.

(d) The equation described in (b), above, shall be used to calculate criteria at unlisted pH and temperature values.

(e) Table 1703-4C shall be as follows:

Table 1703-4C: Freshwater Chronic Aquatic Life Criteria For Ammonia in mg N/L

pH

Temperature, Degrees C

0-7

8

10

12

14

16

18

20

22

24

26

28

30

6.5

4.9

4.6

4.1

3.6

3.1

2.8

2.4

2.1

1.9

1.6

1.5

1.3

1.1

6.6

4.8

4.5

4.0

3.5

3.1

2.7

2.4

2.1

1.8

1.6

1.4

1.3

1.1

6.7

4.8

4.5

3.9

3.5

3.0

2.7

2.3

2.1

1.8

1.6

1.4

1.2

1.1

6.8

4.6

4.4

3.8

3.4

3.0

2.6

2.3

2.0

1.8

1.6

1.4

1.2

1.1

6.9

4.5

4.2

3.7

3.3

2.9

2.5

2.2

2.0

1.7

1.5

1.3

1.2

1.0

7.0

4.4

4.1

3.6

3.2

2.8

2.4

2.2

1.9

1.7

1.5

1.3

1.1

0.99

7.1

4.2

3.9

3.5

3.0

2.7

2.3

2.1

1.8

1.6

1.4

1.2

1.1

0.95

7.2

4.0

3.7

3.3

2.9

2.5

2.2

2.0

1.7

1.5

1.3

1.2

1.0

0.90

7.3

3.8

3.5

3.1

2.7

2.4

2.1

1.8

1.6

1.4

1.3

1.1

0.97

0.85

7.4

3.5

3.3

2.9

2.5

2.2

2.0

1.7

1.5

1.3

1.2

1.0

0.90

0.79

7.5

3.2

3.0

2.7

2.3

2.1

1.8

1.6

1.4

1.2

1.1

0.95

0.83

0.73

7.6

2.9

2.8

2.4

2.1

1.9

1.6

1.4

1.3

1.1

0.98

0.86

0.76

0.67

7.7

2.6

2.4

2.2

1.9

1.7

1.5

1.3

1.1

1.0

0.88

0.78

0.68

0.60

7.8

2.3

2.2

1.9

1.7

1.5

1.3

1.2

1.0

0.89

0.79

0.69

0.61

0.53

7.9

2.1

1.9

1.7

1.5

1.3

1.2

1.0

0.89

0.79

0.69

0.61

0.53

0.47

8.0

1.8

1.7

1.5

1.3

1.1

1.0

0.88

0.78

0.68

0.60

0.53

0.44

0.41

8.1

1.5

1.5

1.3

1.1

0.99

0.87

0.76

0.67

0.59

0.52

0.46

0.40

0.35

8.2

1.3

1.2

1.1

0.96

0.84

0.74

0.65

0.57

0.50

0.44

0.39

0.34

0.30

8.3

1.1

1.1

0.93

0.82

0.72

0.63

0.55

0.49

0.43

0.38

0.33

0.29

0.26

8.4

0.95

0.89

0.79

0.69

0.61

0.53

0.47

0.41

0.36

0.32

0.28

0.25

0.22

8.5

0.80

0.75

0.67

0.58

0.51

0.45

0.40

0.35

0.31

0.27

0.24

0.21

0.18

8.6

0.68

0.64

0.56

0.49

0.43

0.38

0.33

0.29

0.26

0.23

0.20

0.18

0.15

8.7

0.57

0.54

0.47

0.42

0.37

0.32

0.28

0.25

0.22

0.19

0.17

0.15

0.13

8.8

0.49

0.46

0.40

0.35

0.31

0.27

0.24

0.21

0.19

0.16

0.14

0.13

0.11

8.9

0.42

0.39

0.34

0.30

0.27

0.23

0.21

0.18

0.16

0.14

0.12

0.11

0.09

9.0

0.36

0.34

0.30

0.26

0.23

0.20

0.18

0.16

0.14

0.12

0.11

0.09

0.08

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.27 Saltwater Acute Aquatic Life Criteria for Ammonia at a Salinity of 10 g/kg {#sec-env-wq-1703.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.27}

The values shown in Table 1703-5 shall be used to determine saltwater acute aquatic life criteria for ammonia, in milligrams of NH3 per liter (mg NH3/L), for a salinity of 10 g/kg:

Table 1703-5: Saltwater Acute Aquatic Life Criteria for Ammonia in mg NH3/L; Salinity = 10 g/kg

pH

Temperature (°C)

0

5

10

15

20

25

30

35

7.0

270

191

131

92

62

44

29

21

7.2

175

121

83

58

40

27

19

13

7.4

110

77

52

35

25

17

12

8.3

7.6

69

48

33

23

16

11

7.7

5.6

7.8

44

31

21

15

10

7.1

5.0

3.5

8.0

27

19

13

9.4

6.4

4.6

3.1

2.3

8.2

18

12

8.5

5.8

4.2

2.9

2.1

1.5

8.4

11

7.9

5.4

3.7

2.7

1.9

1.4

1.0

8.6

7.3

5.0

3.5

2.5

1.8

1.3

0.98

0.75

8.8

4.6

3.3

2.3

1.7

1.2

0.92

0.71

0.56

9.0

2.9

2.1

1.5

1.1

0.85

0.67

0.52

0.44

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.28 Saltwater Acute Aquatic Life Criteria for Ammonia at a Salinity of 20 g/kg {#sec-env-wq-1703.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.28}

The values shown in Table 1703-6 shall be used to determine saltwater acute aquatic life criteria for ammonia, in mg NH3 /L, for a salinity of 20 g/kg:

Table 1703-6: Saltwater Acute Aquatic Life Criteria for Ammonia in mg NH3/L; Salinity = 20 g/kg

pH

Temperature (°C)

0

5

10

15

20

25

30

35

7.0

291

200

137

96

64

44

31

21

7.2

183

125

87

60

42

29

20

14

7.4

116

79

54

37

27

18

12

8.7

7.6

73

50

35

23

17

11

7.9

5.6

7.8

46

31

23

15

11

7.5

5.2

3.5

8.0

29

20

14

9.8

6.7

4.8

3.3

2.3

8.2

19

13

8.9

6.2

4.4

3.1

2.1

1.6

8.4

12

8.1

5.6

4.0

2.9

2.0

1.5

1.1

8.6

7.5

5.2

3.7

2.7

1.9

1.4

1.0

0.77

8.8

4.8

3.3

2.5

1.7

1.3

0.94

0.73

0.56

9.0

3.1

2.3

1.6

1.2

0.87

0.69

0.54

0.44

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.29 Saltwater Acute Aquatic Life Criteria for Ammonia at a Salinity of 30 g/kg {#sec-env-wq-1703.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.29}

The values shown in Table 1703-7 shall be used to determine saltwater acute aquatic life criteria for ammonia, in mg NH3 /L, for a salinity of 30 g/kg:

Table 1703-7: Saltwater Acute Aquatic Life Criteria for Ammonia in mg NH3/L; Salinity = 30 g/kg

pH

Temperature (°C)

0

5

10

15

20

25

30

35

7.0

312

208

148

102

71

48

33

23

7.2

196

135

94

64

44

31

21

15

7.4

125

85

58

40

27

19

13

9.4

7.6

79

54

37

25

21

12

8.5

6.0

7.8

50

33

23

16

11

7.9

5.4

3.7

8.0

31

21

15

10

7.3

5.0

3.5

2.5

8.2

20

14

9.6

6.7

4.6

3.3

2.3

1.7

8.4

12.7

8.7

6.0

4.2

2.9

2.1

1.6

1.1

8.6

8.1

5.6

4.0

2.7

2.0

1.4

1.1

0.81

8.8

5.2

3.5

2.5

1.8

1.3

1.0

0.75

0.58

9.0

3.3

2.3

1.7

1.2

0.94

0.71

0.56

0.46

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.30 Saltwater Chronic Aquatic Life Criteria for Ammonia at a Salinity of 10 g/kg {#sec-env-wq-1703.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.30}

The values shown in Table 1703-8 shall be used to determine saltwater chronic aquatic life criteria for ammonia, in mg NH3 /L, for a salinity of 10 g/kg:

Table 1703-8: Saltwater Chronic Aquatic Life Criteria for Ammonia in mg NH₃/L; Salinity = 10 g/kg

pH

Temperature (°C)

0

5

10

15

20

25

30

35

7.0

41

29

20

14

9.4

6.6

4.4

3.1

7.2

26

18

12

8.7

5.9

4.1

2.8

2.0

7.4

17

12

7.8

5.3

3.7

2.6

1.8

1.2

7.6

10

7.2

5.0

3.4

2.4

1.7

1.2

0.84

7.8

6.6

4.7

3.1

2.2

1.5

1.1

0.75

0.53

8.0

4.1

2.9

2.0

1.40

0.97

0.69

0.47

0.34

8.2

2.7

1.8

1.3

0.87

0.62

0.44

0.31

0.23

8.4

1.7

1.2

0.81

0.56

0.41

0.29

0.21

0.16

8.6

1.1

0.75

0.53

0.37

0.27

0.20

0.15

0.11

8.8

0.69

0.50

0.34

0.25

0.18

0.14

0.11

0.08

9.0

0.44

0.31

0.23

0.17

0.13

0.10

0.08

0.07

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.31 Saltwater Chronic Aquatic Life Criteria for Ammonia at a Salinity of 20 g/kg {#sec-env-wq-1703.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.31}

The values shown in Table 1703-9 shall be used to determine saltwater chronic aquatic life criteria for ammonia, in mg NH3 /L, for a salinity of 20 g/kg:

Table 1703-9: Saltwater Chronic Aquatic Life Criteria for Ammonia in mg NH3/L; Salinity = 20 g/kg

pH

Temperature (°C)

0

5

10

15

20

25

30

35

7.0

44

30

21

14

9.7

6.6

4.7

3.1

7.2

27

19

13

9.0

6.2

4.4

3.0

2.1

7.4

18

12

8.1

5.6

4.1

2.7

1.9

1.3

7.6

11

7.5

5.3

3.4

2.5

1.7

1.2

0.84

7.8

6.9

4.7

3.4

2.3

1.6

1.1

0.78

0.53

8.0

4.4

3.0

2.1

1.5

1.0

0.72

0.50

0.34

8.2

2.8

1.9

1.3

0.94

0.66

0.47

0.31

0.24

8.4

1.8

1.2

0.84

0.59

0.44

0.30

0.22

0.16

8.6

1.1

0.78

0.56

0.41

0.28

0.20

0.15

0.12

8.8

0.72

0.50

0.37

0.26

0.19

0.14

0.11

0.08

9.0

0.47

0.34

0.24

0.18

0.13

0.10

0.08

0.07

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.32 Saltwater Chronic Aquatic Life Criteria for Ammonia at a Salinity of 30g/kg {#sec-env-wq-1703.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.32}

The values shown in table 1703-10 shall be used to determine saltwater chronic aquatic life criteria for ammonia, in mg NH3 /L, for a salinity of 30 g/kg:

Table 1703-10: Saltwater Chronic Aquatic Life Criteria for Ammonia in mg NH3/L; Salinity = 30 g/kg

pH

Temperature (°C)

0

5

10

15

20

25

30

35

7.0

47

31

22

15

11

7.2

5.0

3.4

7.2

29

20

14

9.7

6.6

4.7

3.1

2.2

7.4

19

13

8.7

5.9

4.1

2.9

2.0

1.4

7.6

12

8.1

5.6

3.7

3.1

1.8

1.3

0.90

7.8

7.5

5.0

3.4

2.4

1.7

1.2

0.81

0.56

8.0

4.7

3.1

2.2

1.6

1.1

0.75

0.53

0.37

8.2

3.0

2.1

1.4

1.0

0.69

0.50

0.34

0.25

8.4

1.9

1.3

0.90

0.62

0.44

0.31

0.23

0.17

8.6

1.2

0.84

0.59

0.41

0.30

0.22

0.16

0.12

8.8

0.78

0.53

0.37

0.27

0.20

0.15

0.11

0.09

9.0

0.50

0.34

0.26

0.19

0.14

0.11

0.08

0.07

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.33 Freshwater Aquatic Life Criteria for Pentachlorophenol {#sec-env-wq-1703.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.33}

(a) To calculate the freshwater aquatic life acute criteria, in μg/L, for pentachlorophenol, the exponent “e” shall be raised to the power “x” where “x” is equal to the parenthetical expression 1.005 multiplied by the pH and to which product the value of 4.869 shall be subtracted, as follows:

Acute Criteria = ex where

x = [ 1.005 (pH) - 4.869 ]

(b) To calculate the freshwater aquatic life chronic criteria, in μg/L, for pentachlorophenol, the exponent “e” shall be raised to the power “x” where “x” is equal to the parenthetical expression 1.005 multiplied by the pH and to which product the value of 5.134 shall be subtracted, as follows:

Chronic Criteria = ex where

x = [ 1.005 (pH) - 5.134 ]

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.34 Freshwater Aquatic Life Criteria for Selenium {#sec-env-wq-1703.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.34}

Compliance with the freshwater aquatic life criteria for selenium shall be determined using egg-ovary fish tissue measurements, if available and applicable, or, in the alternative using, whole-body or muscle fish tissue measurements, if available, and if neither are available then using the water column values shown in Table 1703-11, below, for the freshwater aquatic life protection criteria:

Table 1703-11: Freshwater Selenium Ambient Chronic Water

Quality Criteria for Protection of Aquatic Life

Media

Fish Tissue

Water Column

Measurement

Egg/Ovary

Fish Whole Body

or

Muscle

Monthly Average Exposure

Intermittent Exposure

Criteria

15.1 mg/kg dw

8.5 mg/kg dw whole body

or

11.3 mg/kg dw muscle (skinless,

boneless filet)

1.5 µg/L in lentic aquatic systems

3.1 µg/L in lotic aquatic systems

Criteria_{int exp} = [Criteria_{monthly average} – C_bkgrnd(1-f_int)] / f_int

History

• #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1703.35 Notes for Table 1703-11 {#sec-env-wq-1703.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1703.35}

(a) Fish tissue measures, egg-ovary and whole-body or muscle, shall be instantaneous measures expressed as steady-state and shall not be exceeded.

(b) Water column values shall be based on the total of the dissolved species of selenium in water. Water column values shall be the applicable criterion in the absence of fish tissue in a steady-state condition and shall not be exceeded more than once in 3-years.

(c) Intermittent exposure criteria (Criteriaint exp) shall be the Criteriamonthly average from the monthly measurements, for either lentic or lotic waters, minus the Cbkgrnd which is the average background selenium concentration times one minus the fint which is the fraction of any 30-day period during which elevated selenium concentrations occur, the difference of which is divided by the fint.

History

• #14203, eff 2-26-25

Part Env-Wq 1704 Alternative Site-Specific Criteria

N.H. Code Admin. R. Ann. Env-Wq 1704.01 Purpose {#sec-env-wq-1704.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1704.01}

The purpose of this part is to establish a procedure for determining alternative site-specific criteria in the following cases:

(a) For toxic substances not listed in Env-Wq 1703.21 through Env-Wq 1703.33;

(b) Where site-specific information is available and substantiates the use of different criteria; or

(c) Where new information that was not considered in the development of the criteria becomes available.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1704.02 Procedures for Site-Specific Human Health Criteria {#sec-env-wq-1704.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1704.02}

The procedure for determining alternative site-specific criteria for the protection of human health shall be as specified in EPA’s “Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health,” EPA 822-B-00-004, dated October 2000, and the following accompanying technical support documents, all of which are available as noted in Appendix B:

(a) Volume 1: Risk Assessment”, EPA 822-B-00-005, dated October 2000;

(b) “Volume 2: Development of National Bioaccumulation Factors”, EPA-822-R-03-030, dated December 2003; and

(c) “Volume 3: Development of Site-Specific Bioaccumulation Factors”, EPA-822-R-09-008, dated September 2009.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1704.03 Procedures for Site-Specific Nutrient Criteria {#sec-env-wq-1704.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1704.03}

(a) Subject to the criteria in Env-Wq 1703.14, Env-Wq 1703.25 through 1703.33, and the procedure in Env-Wq 1704.03(b), the following shall be acceptable procedures for determining alternative site-specific nutrient criteria:

(1) Adopting the nutrient target concentration or load from an EPA approved total maximum daily load (TMDL) study pursuant to 40 CFR 130.7;

(2) Adopting the nutrient target concentration or load from an advance restoration plan;

(3) Adopting one of the following federal requirements:

a. Criteria published by EPA pursuant to 33 U.S.C. 1314(a)(1); or

b. The ambient targets and commensurate flows applied in permits issued pursuant to 40 CFR 122;

(4) Approaches in the “Nutrient Criteria Technical Guidance Manual Rivers and Streams”, EPA-822-B-00-002 dated July 2000, available as noted in Appendix B;

(5) Approaches in the “Nutrient Criteria Technical Guidance Manual Lakes and Reservoirs”, EPA-822-B00-001 dated April 2000, available as noted in Appendix B;

(6) Approaches in the “Nutrient Criteria Technical Guidance Manual Estuary and Coastal Marine Waters”, EPA-822-B01-003 dated October 2001, available as noted in Appendix B;

(7) Approaches in the “Nutrient Criteria Technical Guidance Manual Wetlands”, EPA-822-B-08-001 dated June 2008, available as noted in Appendix B; and

(8) Approaches in “Using Stressor-response Relationships to Derive Numeric Nutrient Criteria”, EPA-820-S-10-001 dated November 2010, available as noted in Appendix B.

(b) Modeling conducted to determine alternative site-specific nutrient criteria shall be conducted as specified in EPA’s “Guidance on the Development, Evaluation, and Application of Environmental Models”, EPA-100-K-09-003 dated March 2009, available as noted in Appendix B

History

• #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1704.04 Modifications to Surface Water Quality Standards {#sec-env-wq-1704.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1704.04}

If the department determines, based on scientifically valid documentation, that alternative site-specific criteria will protect the existing and designated uses of the waterbody, the department shall revise these rules to incorporate those criteria.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25 (formerly Env-Wq 1704.03)

Part Env-Wq 1705 Permitting Related Standards

N.H. Code Admin. R. Ann. Env-Wq 1705.01 Assimilative Capacity {#sec-env-wq-1705.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1705.01}

(a) Subject to (b) and Env-Wq 1705.03, below, the department shall hold not less than 10 percent of the assimilative capacity of each surface water in reserve to provide for future needs.

(b) For purposes of combined sewer overflows, the department shall determine compliance based on 99 percent of the assimilative capacity of the receiving surface water.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1705.02 Dilution and Conditions for Permitting {#sec-env-wq-1705.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1705.02}

(a) The ambient upstream flow used to calculate permit limits shall be as specified in (b) through (g), below.

(b) For tidal waters, the low flow condition shall be equivalent to the conditions that result in a dilution that is exceeded 99 percent of the time.

(c) For non-tidal rivers and streams, permit limits for all human health criteria for carcinogens shall be developed based on the long-term harmonic mean flow, which is the number of daily flow measurements divided by the sum of the reciprocals of the daily flows.

(d) Permit limits to meet nutrient criteria including, but not limited to, nitrogen and phosphorus species, shall be based on the following downstream ambient targets and flows:

(1) The ambient nutrient target used in the reasonable potential analysis conducted pursuant to 40 CFR 122.44(d) shall be based on one of the following methods provided that existing and designated uses are fully protected:

a. Site-specific criteria adopted pursuant to Env-Wq 1704;

b. An EPA approved total maximum daily load (TMDL) study pursuant to 40 CFR 130.7; or

c. One of the following federal requirements if deemed by the department to be protective of all existing and designated uses:

1. Criteria published by EPA pursuant to 33 U.S.C. 1314(a)(1); or

2. Permits issued pursuant to 40 CFR 122; and

(2) The flows for nutrients used in the reasonable potential analysis shall be commensurate to, as applicable:

a. Site-specific nutrient criteria adopted pursuant to Env-Wq 1704;

b. Established conditions for the nutrient target in an EPA approved TMDL;

c. Nutrient target used in criteria published by EPA pursuant to 33 U.S.C. 1314(a)(1); or

d. Nutrient target used in permits issued pursuant to 40 CFR 122.

(e) For non-tidal rivers and streams, permit limits to prevent ammonia toxicity in aquatic life shall be based on a flow equal to the 7Q10 flow.

(f) Nutrient effluent permit limits shall be based on the 7Q10 flow if the nutrient limit is needed to achieve compliance with other water quality criteria that must have permit limits based on the 7Q10 flow in accordance with (g) below.

(g) For non-tidal rivers and streams, permit limits for all non-nutrient aquatic life criteria and human health criteria for non-carcinogens shall be based on the 7Q10 flow except as described in Env-Wq 1705.02(d)(2) through Env-Wq 1705.02(f), above.

(h) To the maximum extent practicable, data used for setting permit limits and calculating reasonable potential pursuant to 40 CFR 122.44(d)(1)(ii) shall be based upon:

(1) Data, modeling, or reasonable estimates of the ambient condition representative in space and time of the limiting conditions as defined in (a) through (g) above, for a particular criterion; and

(2) Data, modeling, or reasonable estimates of the ambient condition representative of the conditions on which a criterion is based.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16
• #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1705.03 Restoration Permitting {#sec-env-wq-1705.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1705.03}

(a) Temporary and infrequent impacts resulting from ecological restoration projects approved by the department shall be exempt from the assimilative capacity requirements of Env-Wq 1705.01 and dilution requirements of Env-Wq 1705.02.

(b) Any water quality or water quantity impacts from ecological restoration projects approved by the department shall be minimized to the extent practicable.

History

• #14203, eff 2-26-25

Part Env-Wq 1706 Sampling and Analysis

N.H. Code Admin. R. Ann. Env-Wq 1706.01 Procedures {#sec-env-wq-1706.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1706.01}

(a) Unless alternative procedures are specified in the surface water discharge permit, all procedures used for the purpose of collecting, preserving, and analyzing samples shall be as specified in 40 CFR Part 136 for wastewater and 40 CFR Part 141 for drinking water.

(b) All methods approved in 40 CFR 136 for bacteria testing, as well as analytical methods approved for use in national shellfish sanitation programs as specified pursuant to RSA 485-A:8, V, shall be approved methods for NPDES permit compliance.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

Part Env-Wq 1707 Mixing Zones

N.H. Code Admin. R. Ann. Env-Wq 1707.01 Designation of Mixing Zones {#sec-env-wq-1707.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1707.01}

(a) Because RSA 485-A:8, I prohibits the discharge of any sewage or other wastes into class A waters, mixing zones shall be prohibited in such waters.

(b) For class B waters, the department shall designate a limited area or volume of the surface water as a mixing zone if the applicant provides sufficient scientifically valid documentation to allow the department to independently determine that all criteria in Env-Wq 1707.02 have been met.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1707.02 Criteria for Approval of Mixing Zones {#sec-env-wq-1707.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1707.02}

The department shall not approve a mixing zone unless the proposed mixing zone:

(a) Meets the criteria in Env-Wq 1703.03(c)(1);

(b) Does not interfere with biological communities or populations of indigenous species;

(c) Does not result in the accumulation of pollutants in the sediments or biota;

(d) Allows a zone of passage for swimming and drifting organisms;

(e) Does not interfere with existing and designated uses of the surface water;

(f) Does not impinge upon spawning grounds or nursery areas, or both, of any indigenous aquatic species;

(g) Does not result in the mortality of any plants, animals, humans, or aquatic life within the mixing zone;

(h) Does not exceed the chronic toxicity value of 1.0 TUc at the mixing zone boundary; and

(i) Does not result in an overlap with another mixing zone.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1707.03 Conditions for Mixing Zones {#sec-env-wq-1707.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1707.03}

If the department approves a mixing zone, the department shall include such conditions as are needed to ensure that the criteria on which the approval is based are met.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1707.04 Technical Standards {#sec-env-wq-1707.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1707.04}

Mixing zones shall be established in accordance with “Technical Support Document for Water Quality-based Toxics Control”, EPA/505/2-90-001, dated March 1991, available as noted in Appendix B.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

Part Env-Wq 1708 Antidegradation

N.H. Code Admin. R. Ann. Env-Wq 1708.01 Purpose {#sec-env-wq-1708.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.01}

The purpose of these antidegradation rules is to ensure that the following requirements of 40 CFR 131.12 are met:

(a) Existing uses and the level of water quality necessary to protect the existing uses shall be maintained and protected;

(b) Where the quality of a surface water exceeds the level necessary to support recreation in and on the water and propagation of fish, shellfish, and wildlife, such quality shall be maintained and protected, subject to the following:

(1) The department shall not approve a proposed discharge or activity that would cause a significant change in water quality as specified in Env-Wq 1708.09 unless the department finds, after full satisfaction of the intergovernmental coordination and public participation requirements and the analysis required by Env-Wq 1708.10, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the surface water is located; and

(2) The department shall not approve any proposed discharge or activity that might cause degradation or lower water quality, without such conditions as are necessary to ensure that:

a. Water quality will be adequate to fully protect existing uses;

b. The highest statutory and regulatory requirements will be achieved for all new and existing point sources; and

c. All cost effective and reasonable best management practices for nonpoint source control will be implemented;

(c) Where high quality waters constitute an outstanding resource waters (ORW), that water quality shall be maintained and protected; and

(d) In those cases where a potential water quality impairment is associated with a thermal discharge, the antidegradation rules shall ensure that the requirements of Section 316 of the Clean Water Act are met.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.02 Applicability {#sec-env-wq-1708.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.02}

Antidegradation shall apply to:

(a) Any proposed new or increased activity, including point source and nonpoint source discharges of pollutants, that would lower water quality or adversely affect existing or designated uses;

(b) Any proposed increase in loadings to a waterbody when the proposal is associated with existing activities;

(c) Any increase in flow alteration over an existing alteration; and

(d) Any hydrologic modifications, such as dam construction and water withdrawals.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.03 Protection of Existing Uses {#sec-env-wq-1708.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.03}

(a) A proposed discharge or activity shall not eliminate any existing uses or the water quality needed to maintain and protect those uses.

(b) The department shall determine the existing uses for the waters in question using the information provided pursuant to Env-Wq 1708.07.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.04 Protection of Water Quality in ORW {#sec-env-wq-1708.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.04}

(a) Surface waters of national forests and surface waters designated as natural under RSA 483:7-a, I, shall be considered outstanding resource waters (ORW).

(b) Subject to (c), below, water quality shall be maintained and protected in surface waters that constitute ORW.

(c) The department shall allow a limited activity, or point or nonpoint source discharge to an ORW only if:

(1) The discharge or activity will result in no more than temporary and short-term changes in water quality, wherein “temporary and short term” means that degradation is limited to the shortest possible time;

(2) The discharge or activity will not permanently degrade water quality or result at any time in water quality lower than that necessary to protect the existing and designated uses in the ORW; and

(3) All practical means of minimizing water quality degradation are implemented.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.05 Protection of Class A Waters {#sec-env-wq-1708.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.05}

(a) As specified in RSA 485-A:8, I, discharges of sewage or waste to class A waters shall be prohibited.

(b) Proposed new or increased activities that the department determines do not involve the discharge of sewage or waste shall be reviewed in accordance with this part.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.06 Protection of Water Quality in High Quality Waters {#sec-env-wq-1708.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.06}

(a) Subject to (b) through (d), below, high quality waters shall be maintained and protected.

(b) The department shall evaluate and authorize insignificant changes in water quality as specified in Env-Wq 1708.09.

(c) The department shall allow degradation of significant increments of water quality, as determined in accordance with Env-Wq 1708.09, in high quality waters only if the applicant can demonstrate to the department, in accordance with Env-Wq 1708.10, that allowing the water quality degradation is necessary to accommodate important economic or social development in the area in which the receiving waters are located.

(d) If the waterbody is class A water, the requirements of Env-Wq 1708.05 also shall apply.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.07 Submittal of Data {#sec-env-wq-1708.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.07}

The applicant shall provide all information necessary to:

(a) Identify all existing uses, including:

(1) Freshwater, estuarine, and marine aquatic life present in the affected surface waters;

(2) Other wildlife that use or otherwise are dependent on the affected surface waters;

(3) Presence of water quality and physical habitat that support, or would support, aquatic life or other animal or plant life;

(4) Presence of indigenous species and communities;

(5) Presence of a specialized use of the waterbody, such as a spawning area or as a habitat for a federally- or state-listed threatened or endangered species;

(6) Use of the surface waters for recreation in or on the water, such as fishing, swimming, and boating, or use of the surface waters for commercial activity; and

(7) Whether or not current conditions or uses of the surface waters conflict with achieving and maintaining goal uses of the CWA at Section 101(a)(2) and the primary CWA objective to restore and maintain the chemical, physical, and biological integrity of the nation’s surface waters;

(b) Determine the level of water quality necessary to maintain and protect all uses identified in (a), above;

(c) Evaluate the potential impacts on existing uses due to the proposed discharge or activity by itself, and in combination with other discharges or activities presently occurring;

(d) Ensure that existing uses and the level of water quality necessary to protect those uses will be maintained and protected;

(e) Evaluate the magnitude, duration, and upstream and downstream extent of any lowering of high quality water due to the proposed discharge or activity by itself, and in combination with other discharges or activities presently occurring;

(f) Evaluate other factors as necessary to determine whether the proposed activity would cause significant or insignificant degradation, in accordance with Env-Wq 1708.09;

(g) If the discharge or activity is determined by the department to be significant, in accordance with Env-Wq 1708.08 and Env-Wq 1708.09, determine if a proposed lowering of water quality is necessary to achieve important economic or social development in accordance with Env-Wq 1708.10; and

(h) Ensure that all water quality criteria applicable to the waterbody in question will not be violated.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.08 Assessing Waterbodies {#sec-env-wq-1708.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.08}

(a) The applicant shall characterize the existing water quality and determine whether there is remaining assimilative capacity for each parameter in question.

(b) Existing water quality shall be calculated in accordance with Env-Wq 1705.02, based on point sources discharging at their allowed loadings and the highest loadings anticipated from nonpoint sources.

(c) Where flows will or might be altered, existing conditions shall be established based on the existing maximum allowed water withdrawals or impoundment, diversion, or fluctuation of stream flow, as applicable.

(d) Remaining assimilative capacity shall be evaluated by comparing existing water quality, as specified in (b) and (c), above, to the state’s water quality criteria.

(e) If the type and frequency of the proposed discharge or activity will or might cause the waterbody to be impacted at flows other than those listed in Env-Wq 1705.02, the applicant shall evaluate the impact of the proposed discharge at those other flows.

(f) Subject to (h), below, if the department determines, based on the information submitted, that there is no remaining assimilative capacity for a specific parameter, no further degradation with regard to that parameter shall be allowed.

(g) Subject to (h), below, if the department determines, based on the information submitted, that there is some remaining assimilative capacity, then the department shall proceed in accord with Env-Wq 1708.09.

(h) Determinations made pursuant to (f) or (g), above, shall account for Env-Wq 1705.01, which requires the department to reserve no less than 10% of a surface water’s assimilative capacity.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.09 Significant or Insignificant Determination {#sec-env-wq-1708.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.09}

(a) Any discharge or activity that is projected to use 20% or more of the remaining assimilative capacity for a water quality criterion shall be considered a significant lowering of water quality.

(b) The department shall not approve a discharge or activity that will cause a significant lowering of water quality unless the applicant demonstrates, in accordance with Env-Wq 1708.10, that the proposed lowering of water quality is necessary to achieve important economic or social development in the area where the waterbody is located.

(c) Subject to (e), below, any applicant proposing an activity that will cause an insignificant lowering of water quality shall not be required to demonstrate that the activity is necessary to provide important economic or social development, provided the applicant implements best management practices to minimize degradation.

(d) Activities allowed under (c), above shall include, but not be limited to:

(1) Short term or intermittent discharges such as hydrostatic testing of pipelines, fire pump test water, and uncontaminated stormwater discharges or site clean-up activities;

(2) Permanent discharges such as uncontaminated noncontact cooling water, uncontaminated groundwater seepage, or unchlorinated or dechlorinated swimming pool water;

(3) Facilities whose nonpoint source runoff is controlled through the use of best management practices; and

(4) Any discharge or activity that is projected to use less than 20% of the remaining assimilative capacity for a water quality criterion.

(e) If the department determines based on the following factors that the effect of a discharge or activity results in a greater impact to the water quality than that normally found in insignificant discharges or activities, the department shall determine that the proposed activity or discharge is significant, regardless of the proposed consumption of the remaining assimilative capacity, and require the applicant to demonstrate, in accordance with Env-Wq 1708.10, that a lowering of water quality is necessary to achieve an important economic or social development:

(1) The magnitude, duration, and spatial extent of the proposed change in water quality;

(2) The cumulative lowering of water quality over time resulting from the proposed activity in combination with previously approved activities;

(3) The possible additive or synergistic effects of the activity in combination with existing activities;

(4) The magnitude of the mass load independent of the total assimilative capacity or change in receiving water pollutant concentration;

(5) The toxic or bioaccumulative characteristics of the pollutant(s) in question;

(6) The potential to stress sensitive biological resources such as indigenous species, rare species, and threatened or endangered species and their habitat;

(7) The potential to stress sensitive recreational uses or water supply uses; or

(8) The quality and value of the resource.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.10 Alternatives Analysis; Determination of Net Economic or Social Benefits {#sec-env-wq-1708.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.10}

(a) For purposes of this section, the following definitions shall apply:

(1) “Activity” means any of the activities listed in Env-Wq 1708.02 as being subject to this part, including all associated construction;

(2) “Area in which the waterbody is located” means the directly affected municipality(ies) and, if necessary to quantify the net social and economic benefits of the activity, one or more of the municipalities that abut the directly affected municipality(ies), as determined by the applicant in consultation with the department;

(3) “Directly affected municipality(ies)” means the municipality or municipalities in which the waterbody that will be impacted by the activity is located; and

(4) “High value resource” means a natural or developed resource that is of particular value to the nation, region, state, or area in which the waterbody is located, including but not limited to state- or federally-listed threatened or endangered species, state or federal parks, public freshwater or saltwater beaches, and lands that are subject to conservation easements.

(b) For any activity that is determined to result in a significant impact to the existing water quality pursuant to Env-Wq 1708.09, the applicant shall provide documentation in accordance with (c) through (f), below, to demonstrate that:

(1) Lowering the water quality is necessary to accommodate the activity;

(2) The activity will provide net economic or social benefits in the area in which the waterbody is located; and

(3) The net social and economic benefits of constructing and operating or otherwise engaging in the activity outweigh the environmental impact that could be caused by the lower water quality.

(c) To determine whether the criteria specified in (b)(1)-(3), above, have been met, the applicant shall complete an alternatives analysis as described in (d), below, and submit the analysis and a request for approval of the preferred alternative to the department together with technically and scientifically valid supporting information.

(d) The alternatives analysis required by (c), above, shall describe the net social and economic benefits, as described in (e), below, and the water quality impacts, as described in (f), below, of constructing and operating or otherwise engaging in the activity and all practicable alternatives, including but not limited to the following:

(1) Alternative methods of production or operation;

(2) Improved process controls;

(3) Water conservation practices;

(4) Wastewater minimization technologies;

(5) Non-discharging alternatives;

(6) Improved wastewater facility operation;

(7) Alternative methods of treatment, including advanced treatment beyond applicable technology requirements of the Clean Water Act;

(8) Alternative sites, and associated water quality impacts at those sites; and

(9) For activities that involve alteration of terrain, alternative site design that incorporates low impact development elements, including but not limited to creating less impermeable area or infiltrating or reusing stormwater.

(e) To determine whether the activity will provide net social and economic benefits in the area in which the waterbody is located, the applicant shall submit information on, and the department shall evaluate, each of the following:

(1) Whether the activity is consistent with municipal and regional master plans and economic development strategies; and

(2) An explanation of the effect that constructing and operating or otherwise engaging in the activity will have, or an explanation of why there will be no effect, on the following factors:

a. Public and social services;

b. Public health and safety;

c. Employment;

d. Tourism and recreation; and

e. Other social or economic factors that are specific to the area in which the waterbody is located.

(f) To determine the environmental impacts of lower water quality, the applicant shall submit information on, and the department shall evaluate, each of the following:

(1) Relative to designated uses, the sensitivity of existing and designated uses to the effects of constructing and operating or otherwise engaging in of the activity;

(2) Relative to pollutants, whether any pollutants are expected to be discharged as a result of constructing and operating or otherwise engaging in the activity and, if so, the nature of the pollutants and the anticipated fate and transport of the pollutants in the waterbody;

(3) Relative to water quality, whether water quality is expected to change as a result of constructing and operating or otherwise engaging in activity, and if so, the estimated degree of change in water quality;

(4) Relative to high value resources, whether any high value resources are present that would be affected by constructing and operating or otherwise engaging in the activity, and if so, the degree to which such resources are expected to be affected;

(5) Relative to flow characteristics or hydrologic modifications, whether any alterations to existing flows or other hydrologic modifications are expected as a result of constructing and operating or otherwise engaging in the proposed activity, and if so, the impacts of such alterations or modifications;

(6) Relative to water treatment technology, whether the activity incorporates any such technology other than passive stormwater treatment best management practices and, if so, the reliability of the treatment technology proposed, and the risk management plan for non-standard situations such as accidents, upsets, or failures; and

(7) Relative to any other factors that are specific to the affected waterbody or the area in which the waterbody is located, a description of the factor and an explanation of the effect of constructing and operating or otherwise engaging in the proposed activity on that factor.

(g) After reviewing the information submitted pursuant to (c) through (f), above, the department shall make a preliminary determination to:

(1) Approve the request, if it determines that the criteria specified in (b)(1)-(3), above, have been met; or

(2) Deny the request, if it determines that the criteria specified in (b)(1)-(3), above, have not been met.

(h) If the department’s preliminary determination is to approve the applicant’s request, the department shall provide the opportunity for public comment on its preliminary decision in accordance with Env-Wq 1708.11.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.11 Public Participation and Intergovernmental Coordination {#sec-env-wq-1708.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.11}

(a) The department shall provide the opportunity for public comment and an opportunity to request a public hearing on preliminary decisions to allow any significant lowering of water quality determined in accordance with Env-Wq 1708.09(b) or (e).

(b) The department shall issue a written notice to the public, the municipality in which the activity is located or proposed to be located, and all potentially affected municipalities of a preliminary decision to allow a significant lowering of water quality.

(c) The notice provided pursuant to (b), above, shall:

(1) Invite written comments to be submitted to the department;

(2) Be posted by the department on its website and in at least one public place in the municipality in which the proposed activity will occur;

(3) Contain the information specified in (d), below; and

(4) For activities related to state surface water discharge permits, be a part of the normal public participation procedures associated with the issuance of the permit.

(d) The notice provided pursuant to (b), above, shall include the following information:

(1) A description of the proposed activity;

(2) A description of each surface water that would be affected and its use classification;

(3) A summary of the antidegradation provisions in these rules;

(4) A determination that existing uses and the water quality necessary thereto will be maintained and protected;

(5) A summary of the expected impacts on high quality waters, if any;

(6) A determination that where a lowering of water quality is allowed, all applicable water quality criteria will be met, designated uses will be protected, and any higher water quality achievable by the most stringent applicable technology-based requirements will be maintained;

(7) A summary of any other information that is relevant to how the activity complies or does not comply with the requirements of these rules;

(8) The summary of the important economic or social development that will be achieved by allowing the proposed activity, if applicable;

(9) A summary of the alternatives analysis and a finding that the lowering of water quality is necessary to provide a net economic and social benefit;

(10) The deadlines for submitting a request for public hearing and submitting written comments; and

(11) The name, address, and telephone number of the department employee to whom all written comments or requests for public hearing can be sent.

(e) To fulfill intergovernmental coordination, the department shall send a copy of the public notice to the following agencies and request comments:

(1) NH department of natural and cultural resources;

(2) NH department of health and human services;

(3) NH fish and game department;

(4) NH department of energy;

(5) Local river management advisory committees, if applicable;

(6) US EPA Region I;

(7) US Army Corps of Engineers;

(8) US Fish and Wildlife Service;

(9) National Marine Fisheries Service;

(10) National Park Service; and

(11) Natural Resources Conservation Service.

(f) The department shall:

(1) Prepare a summary of all comments received as a result of public participation and intergovernmental coordination and provide responses; and

(2) Post the summary of comments and responses on its website.

(g) If the department receives a request to hold a public hearing, the department shall issue public notice and conduct a public hearing in accordance with the provisions of Env-C 200 that apply to non-adjudicative proceedings.

(h) Following this public participation process, the department shall consider all comments and other information submitted during the process and make a final decision to allow or deny the proposed impact on water quality.

(i) The department shall notify the applicant in writing of its decision. If the application is denied and the applicant wishes to pursue the project, the applicant shall:

(1) Revise the submittal to decrease or eliminate the projected impact to high quality waters and resubmit the application for consideration under the full review process; or

(2) Appeal the decision as a permitting decision pursuant to RSA 21-O:14.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1708.12 Transfer of Water {#sec-env-wq-1708.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1708.12}

(a) In this section, “transfer” means the intentional conveyance of water from one surface water to another surface water for the purpose of increasing the volume of water available in the receiving surface water. The term does not include the transfer of stormwater, for the purpose of managing stormwater during construction, between basins created or otherwise lawfully used for stormwater detention or treatment, or both, and does not include the discharge of stormwater from a detention or treatment basin to a surface water.

(b) A transfer shall be subject to (c) and (d), below, if one or more of the following apply:

(1) The transfer was not in active operation, as determined pursuant to (f) through (i), below, prior to the effective date of the 2011 readoption of this section, August 23, 2011;

(2) The transfer is causing or contributing to a violation of surface water quality standards in the source water or receiving water; or

(3) A change that could impact any designated use of the source water or receiving water is made to the transfer on or after August 23, 2011 such that a water quality certification is required under RSA 485-A:12, III or IV.

(c) The transfer of water from one surface water to another shall be allowed only if all of the following conditions are met:

(1) The transferred water does not contain exotic aquatic species or other species of aquatic life that could result in a violation of Env-Wq 1703.19, relative to the integrity of the biological and aquatic community, in the receiving water;

(2) Existing and designated uses will be maintained and supported in the source water and in the receiving water;

(3) The withdrawal from the source water and transfer to the receiving water either:

a. Will not result in any degradation of water quality; or

b. Have both been reviewed under the process specified in Env-Wq 1708.10 and determined by the department to meet the criteria specified for approval in Env-Wq 1708.10(b)(1)-(3); and

(4) A water conservation plan that meets the water conservation requirements set forth in Env-Wq 2101 has been approved by the department and is being complied with.

(d) Transferred water may be treated to comply with the requirements of this section.

(e) The transfer of water shall not constitute a discharge under RSA 485-A:8, I, or RSA 485-A:13, I(a) if:

(1) The transfer is not subject to (c) and (d), above, pursuant to (b), above; or

(2) All of the conditions specified in (c), above, are met.

(f) A transfer shall be deemed to have been in active operation prior to August 23, 2011 if all of the following are true:

(1) The infrastructure necessary for the transfer is in place and in usable condition;

(2) Water has been transferred for at least one day in each of at least 3 years from 2000 through 2011; and

(3) At the time of its original initiation, the transfer complied with applicable legal requirements.

(g) If a transfer does not meet the conditions specified in (f), above, the person responsible for the transfer may request the department to make a determination that the transfer was in active operation by submitting the following information in writing:

(1) The reason(s) why the infrastructure necessary for the transfer is not in place or is not in usable condition, if applicable;

(2) The total time span, in years, over which the transfer has occurred from the first known transfer to the present;

(3) The most recent year during which the transfer occurred; and

(4) Why, based on the information provided in (1)-(3), above, the department should determine that the transfer qualifies as a transfer that was in active operation prior to August 23, 2011.

(h) If the department determines, based on information provided pursuant to (g), above, that the person responsible for the transfer makes a defendable case that the transfer qualifies as a transfer that was in active operation prior to August 23, 2011, then the department shall make that determination.

(i) The department shall notify the person who requested a determination pursuant to (g), above, in writing of its decision.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

Part Env-Wq 1709 Change in Designated Uses

N.H. Code Admin. R. Ann. Env-Wq 1709.01 Definition {#sec-env-wq-1709.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1709.01}

For purposes of this part, “change in designated use” means the removal of a designated use that is not an existing use, or the establishment of subcategories of a designated use.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1709.02 Use Attainability Analysis Required {#sec-env-wq-1709.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1709.02}

Before determining whether to propose a change in designated use, the department shall conduct a use attainability analysis in accordance with 40 CFR § 131.10.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Wq 1709.03 Process to Propose Change in Designated Use {#sec-env-wq-1709.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1709.03}

(a) Based on the information obtained as a result of the use attainability analysis performed pursuant to Env-Wq 1709.02, the department shall determine whether a change in a designated use should be proposed as specified in (b), below.

(b) The department shall make the determination required by (a), above, when attaining a designated use is not feasible based on 40 CFR 131.10(g), as reprinted in Appendix F.

(c) If the department determines that a change in designated use should be proposed, the department shall conduct a non-adjudicative public hearing in accordance with the provisions of Env-C 200 applicable to non-adjudicative hearings to receive public comment on the determination.

(d) If the department continues to believe after the public comment period that a change in designated use should be proposed, the department shall propose that the change in designated use be made.

Appendix A: State or Federal Statutes or Regulations Implemented

Rule Section(s)

State Statute or Federal Statute or Regulation Implemented

Env-Wq 1701 (also see specific section listed below)

RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq.; 40 CFR § 131.3(o); 40 CFR § 131.14

Env-Wq 1701.03

RSA 485-A:13, I(a); 33 U.S.C. 1251 et seq.; 40 CFR § 122.2; 40 CFR § 122.22; 40 CFR § 122.47

Env-Wq 1701.04

RSA 485-A:13, I(a); 40 CFR § 131.14

Env-Wq 1702

RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq.

Env-Wq 1703

RSA 485-A:4, V; RSA 485-A:8, I, II, & III; RSA 485-A:8, VI;

33 U.S.C. 1251 et seq; 40 CFR §131.10

Env-Wq 1704

RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq; 40 CFR § 122; 40 CFR § 130.7

Env-Wq 1705

RSA 485-A:4, V; RSA 485-A:6, VII; RSA 485-A:8, VI;

RSA 485-A:13, I(a); 33 U.S.C. 1251 et seq.; 33 U.S.C. 1314(a)(1); 40 CFR § 122.44(d); 40 CFR § 122.44(d)(1)(ii); 40 CFR § 130.7

Env-Wq 1706

RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq; 40 CFR § 136; 40 CFR § 141

Env-Wq 1707

RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq

Env-Wq 1708

RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq; 40 CFR § 131.12

Env-Wq 1709

RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq; 40 CFR § 131.10; 40 CFR § 131.10(g)

Env-Wq 1701 (also see specific section listed below)

RSA 485-A:4, V; RSA 485-A:8, VI; 33 U.S.C. 1251 et seq.; 40 CFR § 131.3(o); 40 CFR § 131.14

Env-Wq 1701.03

RSA 485-A:13, I(a); 33 U.S.C. 1251 et seq.; 40 CFR § 122.2; 40 CFR § 122.22; 40 CFR § 122.47

Appendix B: Incorporated References

Rule (Env-Wq)

Reference

Obtain At:

1703.05(c)

“EPA Combined Sewer Overflow (CSO) Control Policy”, EPA 830-B-94-001, dated April, 1994

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at

https://nepis.epa.gov/Exe/ZyNET.exe/2000407X.TXT?ZyActionD=ZyDocument&Client=EPA&Index=1991+Thru+1994&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5C91thru94%5CTxt%5C00000011%5C2000407X.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h%7C-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL

1703.22(d) intro

“Interim Guidance on Determination and Use of Water-Effect Ratios for Metals”, EPA-823-B-94-001, dated February 1994

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

http://nepis.epa.gov/Exe/ZyNET.exe/20003QI5.TXT?ZyActionD=ZyDocument&Client=EPA&Index=1991+Thru+1994&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A\zyfiles\Index%20Data\91thru94\Txt\00000011\20003QI5.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h|-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=p|f&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL

1703.22(d) (1)

“Streamlined Water-Effect Ratio procedure for Discharges of Copper”,

EPA-822-R-01-005, dated March 2001

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

https://nepis.epa.gov/Exe/ZyNET.exe/901Q0I00.TXT?ZyActionD=ZyDocument&Client=EPA&Index=2000+Thru+2005&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5Czyfiles%5CIndex%20Data%5C00thru05%5CTxt%5C00000012%5C901Q0I00.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h%7C-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL

1703.22(d) (2)

“Aquatic Life Ambient Freshwater Quality Criteria - Copper”, EPA-822-R-07-001, dated February 2007

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

http://nepis.epa.gov/Exe/ZyNET.exe/P1000PXC.TXT?ZyActionD=ZyDocument&Client=EPA&Index=2006+Thru+2010&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A\zyfiles\Index%20Data\06thru10\Txt\00000002\P1000PXC.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h|-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=p|f&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL

1703.22(s)(1)

“Final Aquatic Life Ambient Water Quality Criteria For Aluminum”, EPA-822-R-18-001, dated December 2018

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

https://nepis.epa.gov/Exe/ZyNET.exe/P100VWXJ.txt?ZyActionD=ZyDocument&Client=EPA&Index=2016%20Thru%202020&Docs=&Query=Final%20Aquatic%20Life%20Ambient%20Water%20Quality%20Criteria%20Aluminum%20EPA-822-R-18-001&Time=&EndTime=&SearchMethod=2&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5CZYFILES%5CINDEX%20DATA%5C16THRU20%5CTXT%5C00000010%5CP100VWXJ.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h%7C-&MaximumDocuments=15&FuzzyDegree=0&ImageQuality=r85g16/r85g16/x150y150g16/i500&Display=hpfr&DefSeekPage=&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=#

1703.22(s)(1)a.

The “Aluminum Criteria Calculator V2.0 (Excel)(xlsm)”, dated December 2018

Available at no charge from EPA at https://www.epa.gov/wqc/2018-final-aquatic-life-criteria-aluminum-freshwater

1703.22(s)(2)b.

The “Aluminum Criteria Calculator R Code and Data V2.0”, dated November 15, 2019

Available at no charge from EPA at https://www.epa.gov/wqc/2018-final-aquatic-life-criteria-aluminum-freshwater

1704.02 intro

“Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health,” EPA 822-B-00-004, dated October 2000

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

http://nepis.epa.gov/Exe/ZyNET.exe/20003D2R.TXT?ZyActionD=ZyDocument&Client=EPA&Index=2000+Thru+2005&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A\zyfiles\Index%20Data\00thru05\Txt\00000001\20003D2R.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h|-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=p|f&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL

1704.02(a)

“Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000), Technical Support Document, Volume 1: Risk Assessment”, EPA 822-B-00-005, dated October 2000

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

http://nepis.epa.gov/Exe/ZyNET.exe/20003D81.TXT?ZyActionD=ZyDocument&Client=EPA&Index=2000+Thru+2005&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A\zyfiles\Index%20Data\00thru05\Txt\00000001\20003D81.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h|-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=p|f&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL

1704.02(b)

“Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000) Technical Support Document Volume 2: Development of National Bioaccumulation Factors”, EPA-822-R-03-030, dated December 2003

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

http://nepis.epa.gov/Exe/ZyNET.exe/P1005EZQ.TXT?ZyActionD=ZyDocument&Client=EPA&Index=2000+Thru+2005&Docs=&Query=&Time=&EndTime=&SearchMethod=1&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A\zyfiles\Index%20Data\00thru05\Txt\00000022\P1005EZQ.txt&User=ANONYMOUS&Password=anonymous&SortMethod=h|-&MaximumDocuments=1&FuzzyDegree=0&ImageQuality=r75g8/r75g8/x150y150g16/i425&Display=p|f&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x&ZyPURL

1704.02(c)

“Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health (2000) Technical Support Document Volume 3: Development of Site-Specific Bioaccumulation Factors”, EPA-822-R-09-008, dated September 2009

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

http://nepis.epa.gov/Exe/ZyNET.exe/P1005CAF.txt?ZyActionD=ZyDocument&Client=EPA&Index=2006%20Thru%202010&Docs=&Query=Methodology%20Deriving%20Ambient%20Water%20Quality%20Criteria%20Protection%20Human%20Health%20&Time=&EndTime=&SearchMethod=2&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A\ZYFILES\INDEX%20DATA\06THRU10\TXT\00000011\P1005CAF.txt&User=ANONYMOUS&Password=anonymous&SortMethod=f%3Atitle&MaximumDocuments=15&FuzzyDegree=-1&ImageQuality=r85g16/r85g16/x150y150g16/i500&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionE&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x

1704.03(a)(4)

“Nutrient Criteria Technical Guidance Manual Rivers and Streams”, EPA-822-B-00-002 dated July 2000

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

https://nepis.epa.gov/Exe/ZyNET.exe/20003CVP.txt?ZyActionD=ZyDocument&Client=EPA&Index=2000%20Thru%202005&Docs=&Query=EPA822B00002%20&Time=&EndTime=&SearchMethod=2&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5CZYFILES%5CINDEX%20DATA%5C00THRU05%5CTXT%5C00000001%5C20003CVP.txt&User=ANONYMOUS&Password=anonymous&SortMethod=-%7Ch&MaximumDocuments=15&FuzzyDegree=0&ImageQuality=r85g16/r85g16/x150y150g16/i500&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x

1704.03(a)(5)

“Nutrient Criteria Technical Guidance Manual Lakes and Reservoirs”, EPA-822-B00-001 dated April 2000

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

https://nepis.epa.gov/Exe/ZyNET.exe/20003COV.txt?ZyActionD=ZyDocument&Client=EPA&Index=2000%20Thru%202005&Docs=&Query=Nutrient%20Criteria%20Technical%20Guidance%20Manual%20Lakes%20Reservoirs%20&Time=&EndTime=&SearchMethod=2&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5CZYFILES%5CINDEX%20DATA%5C00THRU05%5CTXT%5C00000001%5C20003COV.txt&User=ANONYMOUS&Password=anonymous&SortMethod=-%7Ch&MaximumDocuments=15&FuzzyDegree=0&ImageQuality=r85g16/r85g16/x150y150g16/i500&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x

1704.03(a)(6)

“Nutrient Criteria Technical Guidance Manual Estuary and Coastal Marine Waters”, EPA-822-B01-003 dated October 2001

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

https://nepis.epa.gov/Exe/ZyNET.exe/20003FDF.txt?ZyActionD=ZyDocument&Client=EPA&Index=2000%20Thru%202005&Docs=&Query=EPA822B01003%20&Time=&EndTime=&SearchMethod=2&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5CZYFILES%5CINDEX%20DATA%5C00THRU05%5CTXT%5C00000004%5C20003FDF.txt&User=ANONYMOUS&Password=anonymous&SortMethod=-%7Ch&MaximumDocuments=15&FuzzyDegree=0&ImageQuality=r85g16/r85g16/x150y150g16/i500&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=xv

1704.03(a)(7)

“Nutrient Criteria Technical Guidance Manual Wetlands”, EPA-822-B-08-001 dated June 2008

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

https://nepis.epa.gov/Exe/ZyNET.exe/P1002DY6.txt?ZyActionD=ZyDocument&Client=EPA&Index=2006%20Thru%202010%7C2000%20Thru%202005&Docs=&Query=EPA822B08001%20&Time=&EndTime=&SearchMethod=2&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5CZYFILES%5CINDEX%20DATA%5C06THRU10%5CTXT%5C00000005%5CP1002DY6.txt&User=ANONYMOUS&Password=anonymous&SortMethod=-%7Ch&MaximumDocuments=15&FuzzyDegree=0&ImageQuality=r85g16/r85g16/x150y150g16/i500&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x

1704.03(a)(8)

“Using Stressor-response Relationships to Derive Numeric Nutrient Criteria”, EPA-820-S-10-001 dated November 2010

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

https://nepis.epa.gov/Exe/ZyNET.exe/P100IK1N.txt?ZyActionD=ZyDocument&Client=EPA&Index=2006%20Thru%202010%7C2000%20Thru%202005&Docs=&Query=EPA822B08001%20&Time=&EndTime=&SearchMethod=2&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5CZYFILES%5CINDEX%20DATA%5C06THRU10%5CTXT%5C00000034%5CP100IK1N.txt&User=ANONYMOUS&Password=anonymous&SortMethod=-%7Ch&MaximumDocuments=15&FuzzyDegree=0&ImageQuality=r85g16/r85g16/x150y150g16/i500&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x

1704.03(b)

“Guidance on the Development, Evaluation, and Application of Environmental Models”, EPA-100-K-09-003 dated March 2009

Available at no charge from EPA National Service Center for Environmental Publications at https://www.epa.gov/nscep or directly at:

https://nepis.epa.gov/Exe/ZyNET.exe/P1003E4R.txt?ZyActionD=ZyDocument&Client=EPA&Index=2006%20Thru%202010&Docs=&Query=Guidance%20Development%20Evaluation%20Application%20Environmental%20Models%20&Time=&EndTime=&SearchMethod=2&TocRestrict=n&Toc=&TocEntry=&QField=&QFieldYear=&QFieldMonth=&QFieldDay=&UseQField=&IntQFieldOp=0&ExtQFieldOp=0&XmlQuery=&File=D%3A%5CZYFILES%5CINDEX%20DATA%5C06THRU10%5CTXT%5C00000007%5CP1003E4R.txt&User=ANONYMOUS&Password=anonymous&SortMethod=-%7Ch&MaximumDocuments=15&FuzzyDegree=0&ImageQuality=r85g16/r85g16/x150y150g16/i500&Display=hpfr&DefSeekPage=x&SearchBack=ZyActionL&Back=ZyActionS&BackDesc=Results%20page&MaximumPages=1&ZyEntry=1&SeekPage=x

1707.04

“Technical Support Document for Water Quality-based Toxics Control”, EPA/505/2-90-001, dated March 1991

Available at no charge from:

https://www3.epa.gov/npdes/pubs/owm0264.pdf

Appendix C: Statutory Definitions

RSA 485-A:2:

VI. “Industrial waste” means any liquid, gaseous or solid waste substance resulting from any process of industry, manufacturing trade or business or from development of any natural resources.

VIII. “Other wastes” means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, ashes, offal, oil, tar, chemicals and other substances other than sewage or industrial wastes, and any other substance harmful to human, animal, fish or aquatic life.

X. “Sewage” means the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

XVI. “Waste” means industrial waste and other wastes.

XIX. "Wastewater facilities" means the structures, equipment, and processes required to collect, convey, and treat domestic and industrial wastes, and dispose of the effluent and sludge.

XXIV. "7Q10" means the lowest average flow that occurs for 7 consecutive days on an annual basis with a recurrence interval of once in 10 years on average, expressed in terms of volume per time period.

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.

Appendix D: Federal Definitions

40 CFR 122.2:

Pollutant means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. It does not mean:

(a) Sewage from vessels; or

(b) Water, gas, or other material which is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well [that is] used either to facilitate production or for disposal purposes is approved by authority of the State in which the well is located, and if the State determines that the injection or disposal will not result in the degradation of ground or surface water resources.

Note: Radioactive materials covered by the Atomic Energy Act are those encompassed in its definition of source, byproduct, or special nuclear materials. Examples of materials not covered include radium and accelerator-produced isotopes. See Train v. Colorado Public Interest Research Group, Inc., 426 U.S. 1 (1976).

Appendix E: Summary of Bacteria Standards from RSA 485-A:8

Type of Waters

Standard

Class A other than designated beach areas

Not more than:

(1) A geometric mean based on at least 3 samples obtained over a 60-day period of 47 Escherichia coli (E. coli) per 100 milliliters, unless naturally occurring; or

(2) 153 E. coli per 100 milliliters in any one sample, unless naturally occurring.

Class B other than designated beach areas

Not more than:

(1) A geometric mean based on at least 3 samples obtained over a 60-day period of 126 E. coli per 100 milliliters, unless naturally occurring; or

(2) 406 E. coli per 100 milliliters in any one sample, unless naturally occurring.

Class A or Class B at designated beach areas

Not more than:

(1) A geometric mean based on at least 3 samples obtained over a 60-day period of 47 E. coli per 100 milliliters, unless naturally occurring; or

(2) 88 E. coli per 100 milliliters in any one sample, unless naturally occurring.

Tidal waters used for swimming

Not more than:

(1) A geometric mean based on at least 3 samples obtained over a 60-day period of 35 enterococci per 100 milliliters, unless naturally occurring; or

(2) 104 enterococci per 100 milliliters in any one sample, unless naturally occurring.

Tidal waters used for growing or taking of shellfish for human consumption

Same as for tidal waters used for swimming, PLUS must not

exceed a geometric mean most probable number (MPN) of 14 organisms per 100 ml for fecal coliform, nor shall more than 10 percent of the samples exceed an MPN of 28 per 100 ml for fecal coliform, or

other values of equivalent protection based on sampling and analytical methods used by the department of environmental services shellfish program and approved in the latest revision of the National Shellfish Sanitation Program, Guide For The Control of Molluscan Shellfish.

Appendix F: Criteria for Determination of Change in Designated Use

40 CFR §131.10 Designation of uses.

(g) States may remove a designated use which is not an existing use, as defined in § 131.3, or establish sub-categories of a use if the State can demonstrate that attaining the designated use is not feasible because:

(1) Naturally occurring pollutant concentrations prevent the attainment of the use; or

(2) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met; or

(3) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place; or

(4) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification in a way that would result in the attainment of the use; or

(5) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses; or

(6) Controls more stringent than those required by sections 301(b) and 306 of the Act would result in substantial and widespread economic and social impact.

History

• (See Revision Notes #1, #2, and #3 at chapter heading for Env-Wq 1700) #12042, eff 12-1-16; ss by #14203, eff 2-26-25

Chapter Env-Wq 1800 Rivers Management and Protection Program

Part Env-Wq 1801 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 1801.01 Purpose {#sec-env-wq-1801.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1801.01}

The purpose of these rules is to explain:

(a) The process for nominating a perennial river or river segment for protection under RSA 483; and

(b) The criteria to be used to evaluate such nominations.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1801.02 Applicability {#sec-env-wq-1801.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1801.02}

These rules shall apply to all nominations of perennial rivers or river segments for protection under RSA 483.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

Part Env-Wq 1802 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1802.01 Commissioner {#sec-env-wq-1802.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.01}

“Commissioner” means the commissioner of the department of environmental services.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.02 Committee {#sec-env-wq-1802.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.02}

“Committee” means the rivers management advisory committee established in RSA 483:8.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.03 Community resource {#sec-env-wq-1802.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.03}

“Community resource” means the river has been identified or recognized by local residents or referenced in a municipal document accepted by the municipality, such as a master plan or a water resource management plan, as being important to the community.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.04 Department {#sec-env-wq-1802.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.04}

“Department” means the department of environmental services.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.05 Diadromous {#sec-env-wq-1802.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.05}

“Diadromous” means regularly migrating between freshwater and salt water. This category includes anadromous, catadromous, and amphidromous fish such as sea-lampreys, sturgeons, salmons, and alewives. Migration should be cyclical and predictable.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.06 Endangered animal {#sec-env-wq-1802.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.06}

“Endangered animal” means “endangered species” as defined in RSA 212-A:2, IV, as reprinted in Appendix C.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq 1802.05); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.07 Endangered plants {#sec-env-wq-1802.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.07}

“Endangered plants” means “endangered species” as defined in RSA 217-A:3, IV, as reprinted in Appendix C.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq 1802.07); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.08 Exemplary natural communities {#sec-env-wq-1802.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.08}

“Exemplary natural communities” means “exemplary natural communities” as defined in RSA 217-A:3, VII, as reprinted in Appendix C.

History

• #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.09 Mouth {#sec-env-wq-1802.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.09}

“Mouth” means, for a tidal river, the lower end of the river where a line that forms a right angle with at least one bank of the river can be drawn across the river channel from bank to bank.

History

• #9657, eff 2-22-10; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.10 NH natural heritage inventory {#sec-env-wq-1802.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.10}

“NH natural heritage inventory” means the program within the department of resources and economic development established by Chapter 195, Laws of 1986.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq 1802.08); renumbered by #9657 (from Env-Wq 1802.09); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.11 Nomination {#sec-env-wq-1802.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.11}

“Nomination” means the nomination of a river for designation into the program as outlined in Env-Wq 1803.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq 1802.09); renumbered by #9657 (from Env-Wq 1802.10); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.12 Public access {#sec-env-wq-1802.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.12}

“Public access” means the right of any person to enter a property on a non-discriminatory basis.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq 1802.10); renumbered by #9657 (from Env-Wq 1802.11); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.13 Recognized by local residents {#sec-env-wq-1802.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.13}

“Recognized by local residents” means that there are community projects, activities or events based on the river or its corridor such as river clean-ups, canoe races, or a riverfest.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; renumbered by #9657 (from Env-Wq 1802.12); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.14 River {#sec-env-wq-1802.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.14}

“River” means a flowing body of water or a segment or tributary thereof.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq 1802.11); renumbered by #9657 (from Env-Wq 1802.13); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.15 Rivers coordinator {#sec-env-wq-1802.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.15}

“Rivers coordinator” means the program administrator at the department of environmental services authorized by RSA 483:3.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq 1802.12); renumbered by #9657 (from Env-Wq 1802.14); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.16 River corridor {#sec-env-wq-1802.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.16}

“River corridor” means the river and the larger of:

(a) The land area located within a distance of 1,320 feet of the normal high water mark; or

(b) The landward extent of the 100 year floodplain as designated by the Federal Emergency Management Agency.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq 1802.13); renumbered by #9657 (from Env-Wq 1802.15); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.17 Significant aquatic habitat {#sec-env-wq-1802.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.17}

“Significant aquatic habitat” means regions which are important to the survival of particular aquatic populations. Such regions include, but are not limited to, spawning beds and feeding areas.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08 (from Env-Wq 1802.16); renumbered by #9657 (from Env-Wq 1802.16); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.18 Significant wildlife habitat {#sec-env-wq-1802.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.18}

“Significant wildlife habitat” means regions which are important to the survival of particular wildlife populations. Such regions include, but are not limited to, deer wintering yards, waterfowl breeding or wintering areas, freshwater wetlands or riparian habitat, and saltwater wetlands associated with estuarine systems.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; #9330, eff 11-26-08 (formerly Env-Wq 1802.15); renumbered by #9657 (from Env-Wq 1802.17); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.19 Sponsor {#sec-env-wq-1802.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.19}

“Sponsor” means any individual or organization submitting a nomination under this program.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; #9330, eff 11-26-08 (formerly Env-Wq 1802.16); renumbered by #9657 (from Env-Wq 1802.18); ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.20 Threatened animal {#sec-env-wq-1802.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.20}

“Threatened animal” means “threatened species” as defined in RSA 212-A:2, V, as reprinted in Appendix C.

History

• #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.21 Threatened plant {#sec-env-wq-1802.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.21}

“Threatened plant” means “threatened species” as defined in RSA 212-A:2, XX, as reprinted in Appendix C.

History

• #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1802.22 Tidal river {#sec-env-wq-1802.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1802.22}

“Tidal river” means a river whose salinity, flow, or level is influenced by the tides.

History

• #9657, eff 2-22-10; ss by #12185, eff 5-25-17 (from Env-Wq 1802.20)

Part Env-Wq 1803 Nominations

N.H. Code Admin. R. Ann. Env-Wq 1803.01 Nomination Requirements {#sec-env-wq-1803.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1803.01}

(a) To make a nomination to include a river or segment thereof in the program, a sponsor shall submit a nomination to the rivers coordinator on or before June 1 in order for it to be considered in the next legislative session.

(b) A nomination shall be submitted on a form obtained from the department and shall include the information required in Env-Wq 1803.02.

(c) In addition to the original nomination, a sponsor shall submit to the department one paper copy and one electronic copy of the nomination together with any supporting documentation.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1803.02 Information Required for Nomination {#sec-env-wq-1803.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1803.02}

A sponsor shall provide the following information and documentation as part of the nomination:

(a) The name of the river;

(b) The location and length of the river or segment;

(c) The name, address, and daytime telephone number of the sponsor and the sponsor’s contact person if the sponsor is an organization;

(d) A description of significant resources which the sponsor believes are contained or represented in the river or segment and its corridor;

(e) A description and documentation of the community and public support which the sponsor believes exists for the nomination, including copies of any letters from elected and appointed local officials;

(f) Documentation of notification to riparian landowners and elected public officials of all municipalities through which each nominated river or segment flows;

(g) A recommendation on the appropriate classification or classifications for the river or segment, including the length in miles, start and end point of each segment, and the information necessary to determine if the recommended classification is appropriate under RSA 483:7-a;

(h) A map of the nominated river or segment and its corridor taken from a U.S. geological survey quadrangle(s) or equivalent in accuracy and detail, and an inset or locator map showing the location of the river or segment within the state;

(i) A map of the nominated river or segment indicating:

(1) Stream order, as determined using the New Hampshire hydrography dataset archived by the geographically referenced analysis and information transfer system (GRANIT) at the complex systems research center of the university of New Hampshire, as specified in RSA 483-B:4, XVI(c); and

(2) Municipal boundaries, major roads, and tributary streams;

(j) A written acknowledgment stating that the sponsor understands that:

(1) All fourth order and higher segments are subject to RSA 483-B whether or not they are designated in accordance with this chapter;

(2) All third order and lower segments designated pursuant to RSA 483:15 prior to the 2017 effective date of this chapter, subject to exemptions specified therein, are subject to RSA 483-B; and

(3) All third order and lower segments approved for designation after the 2017 effective date of this chapter shall be subject to the standards and requirements in RSA 483-B applicable to those protected shorelands within 50 feet of the reference line, as specified in RSA 483-B:4, XV.

(k) For a tidal river or tidal river segment, the downstream extent of the nominated segment, located at or upstream of the mouth of the tidal river; and

(l) An inventory, description, and assessment of the statewide, regional, or local significance of the resources of the river or segment and its corridor, including but not limited to:

(1) Geologic resources;

(2) Wildlife resources, including endangered or threatened animals, animals identified as species of special concern in the New Hampshire Natural Heritage Bureau “Rare Animal List for New Hampshire”, dated July 2013, available as noted in Appendix B, or animals otherwise identified as rare;

(3) Vegetation and natural communities, including:

a. Endangered or threatened plants;

b. Plants identified in the New Hampshire Natural Heritage Bureau “Rare Plants, Rare Animals and Exemplary Natural Communities in New Hampshire Towns” publication, dated July 2013, available as noted in Appendix B;

c. Habitat for wildlife resources identified in (2), above, and fish resources identified in (4), below; and

d. Natural communities identified as exemplary;

(4) Fish resources, including endangered or threatened animals, fish identified as species of special concern in the New Hampshire Natural Heritage Bureau “Rare Animal List for New Hampshire”, dated July 2013, available as noted in Appendix B, or fish otherwise identified as rare;

(5) Water quality as designated pursuant to RSA 485-A:9 or as shown by actual water quality analysis, if available;

(6) Water quantity;

(7) Riparian interests, including flowage rights;

(8) Existing and potential withdrawals and discharges;

(9) Existing and potential dams and hydroelectric resources;

(10) Hydrologic resources, including natural flow characteristics;

(11) Existing and potential recreational resources, including boating resources;

(12) Public access;

(13) Scenic characteristics;

(14) Cultural, historical, and archaeological resources;

(15) Open space;

(16) Community resources;

(17) Current land use and land use controls; and

(18) Scientific resources.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; amd by #9530, INTERIM, eff 8-26-09, EXPIRES: 2-22-10; amd by #9657, eff 2-22-10; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1803.03 Review for Completeness {#sec-env-wq-1803.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1803.03}

(a) The rivers coordinator shall review each nomination to determine whether the nomination is complete.

(b) The rivers coordinator shall determine that the nomination is complete if it contains all of the information and documentation required by Env-Wq 1803.01 and Env-Wq 1803.02.

(c) Within 30 days of the submission of the nomination, the rivers coordinator shall notify the sponsor as to whether the nomination is complete or incomplete.

(d) If the rivers coordinator determines that the nomination is incomplete, the rivers coordinator shall request the sponsor to provide the missing information, and the nomination shall not be deemed complete until such information is provided.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1803.04 Review Procedures {#sec-env-wq-1803.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1803.04}

(a) The rivers coordinator shall forward complete nominations to the committee with a request to return a recommendation based on whether the nomination:

(1) Meets the criteria listed in RSA 483:6, IV(a) and (b) and Env-Wq 1803.02(l); and

(2) Is consistent with the policies and intent identified in RSA 483:1 and RSA 483:2.

(b) After a public hearing as required by RSA 483:6, III and receipt of the recommendation of the committee, the rivers coordinator shall make a recommendation to the commissioner to approve the nomination if:

(1) The nomination has been deemed complete, as specified in Env-Wq 1803.03;

(2) The committee has recommended that the nomination be approved; and

(3) The nomination is supported by the public, as demonstrated by the public comments received at the public hearing held pursuant to RSA 483:6, III and the level of demonstrated public support for the nomination provided pursuant to Env-Wq 1803.02(e).

(c) The rivers coordinator shall forward his or her own recommendation and the recommendation made by the committee to the commissioner, together with the nomination, within 120 days of receipt of the complete nomination.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

Part Env-Wq 1804 Nomination Approval

N.H. Code Admin. R. Ann. Env-Wq 1804.01 Nomination Criteria {#sec-env-wq-1804.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1804.01}

The commissioner shall consider the following factors when deciding whether to forward a river nomination to the general court for its review:

(a) The criteria listed in RSA 483:6, IV(a) and (b) and Env-Wq 1803.02(l);

(b) The recommendation prepared by the rivers coordinator;

(c) The recommendation prepared by the committee;

(d) The public comments on the nomination received in public hearings held pursuant to RSA 483:6, III and the level of demonstrated public support for the nomination as provided pursuant to Env-Wq 1803.02(e);

(e) For a tidal river or tidal river segment, the recommendation of the Piscataqua Region Estuaries Partnership and the NH fish and game department relative to the downstream extent of the nominated segment.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; amd by #9530, INTERIM, eff 8-26-09, EXPIRES: 2-22-10; amd by #9657, eff 2-22-10; ss by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1804.02 Legislative Review and Approval {#sec-env-wq-1804.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1804.02}

(a) If the commissioner, after considering the factors under Env-Wq 1804.01, determines that a river nomination is consistent with the policies and intents identified in RSA 483:1 and RSA 483:2, the commissioner shall:

(1) Approve the nomination; and

(2) Forward the nomination to the next regular session of the legislature for review and approval according to RSA 483:7.

(b) If the commissioner does not approve a river nomination, the commissioner shall notify the sponsor in writing within 30 days of the receipt of the recommendation of the rivers coordinator and any recommendation of the committee and shall inform the sponsor of the reasons for that decision.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #12185, eff 5-25-17

Part Env-Wq 1805 Repealed & Reserved

N.H. Code Admin. R. Ann. Env-Wq 1805.01 Rivers Management and Protection Program {#sec-env-wq-1805.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1805.01}

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; ss by #9657, eff 2-22-10; rpld by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1805.02 Rivers Management and Protection Program {#sec-env-wq-1805.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1805.02}

– Env-Wq 1805.04

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; rpld by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1805.05 Rivers Management and Protection Program {#sec-env-wq-1805.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1805.05}

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; amd by #9530, INTERIM, eff 8-26-09, EXPIRES: 2-22-10; amd by #9657, eff 2-22-10; rpld by #12185, eff 5-25-17

N.H. Code Admin. R. Ann. Env-Wq 1805.06 Rivers Management and Protection Program {#sec-env-wq-1805.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1805.06}

Appendix A: Statutes Implemented

Rule Sections

Statute Implemented

Env-Wq 1801

RSA 483:6

Env-Wq 1802

RSA 483:6

Env-Wq 1803

RSA 483:6

Env-Wq 1804

RSA 483:6

Env-Wq 1805 REPEALED

RSA 483:6

Appendix B: Incorporated References

Rule (Env-Wq)

Reference [Date/Edition]

Obtain From (Cost)

1803.02(l)(2)

1803.02(l)(4)

New Hampshire Natural Heritage Bureau “Rare Animal List for New Hampshire”, dated July 2013

NH Division of Forests and Lands, Natural Heritage Bureau

172 Pembroke Road

Concord, New Hampshire 03301 172

No cost to download from: http://www.nhdfl.org/library/pdf/Natural%20Heritage/TrackingList-AnimalGeneral.pdf

1803.02(l)(3)b.

New Hampshire Natural Heritage Bureau “Rare Plants, Rare Animals and Exemplary Natural Communities in New Hampshire Towns”, dated July 2013

NH Division of Forests and Lands, Natural Heritage Bureau

172 Pembroke Road

Concord, New Hampshire 03301 172

No cost to download from: http://www.nhdfl.org/library/pdf/Natural%20Heritage/Townlist.pdf

Appendix C: Statutory Definitions

RSA 212-A:2

IV. “Endangered species” means any species of native wildlife whose continued existence as a viable component of the state's wild fauna is determined to be in jeopardy and includes any species of wildlife determined to be an endangered species pursuant to the endangered species act.

V. “Threatened species” means any species of wildlife which appears likely, within the foreseeable future, to become endangered. The term shall also include any species of wildlife determined to be a threatened species under the endangered species act.

RSA 217-A:3

IV. “Endangered species” means any species of plant that is in danger of extinction throughout all or a significant portion of its range within the state, or any species determined to be an endangered species pursuant to the Endangered Species Act.

VII. “Exemplary natural community” means a viable occurrence of a rare natural community type or a high quality example of a more common natural community type as designated by the natural heritage bureau based on community size, ecological condition, and landscape context.

XX. “Threatened species” means any species of plant likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range within the state, or any species of plant determined to be a threatened species pursuant to the Endangered Species Act.

History

• (See Revision Note at chapter heading for Env-Wq 1800) #8326, eff 4-21-05; ss by #9330, eff 11-26-08; rpld by #12185, eff 5-25-17

Chapter Env-Wq 1900 Rules for the Protection of Instream Flow on Designated Rivers

Part Env-Wq 1901 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 1901.01 Purpose {#sec-env-wq-1901.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1901.01}

The purpose of these rules is to specify standards, criteria, and procedures by which protected instream flows shall be established and enforced for each designated river segment in order to maintain water for instream public uses and to protect the resources for which the river or river segment is designated. The department shall establish protected instream flows for the designated rivers described in RSA 483:15 and adopt water management plans for the water management planning areas (WMPAs) of the designated rivers.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1901.01); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1901.02 Applicability {#sec-env-wq-1901.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1901.02}

The requirements set forth in Env-Wq 1900 shall apply to:

(a) Designated rivers or river segments and their tributary drainage areas;

(b) Affected water users; and

(c) Affected dam owners and the associated water body impounded by the dam.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1901.02) ); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18

Part Env-Wq 1902 Definitions

N.H. Code Admin. R. Ann. Env-Wq 1902.01 7Q10 {#sec-env-wq-1902.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.01}

“7Q10” means the lowest average flow rate for a period of 7 consecutive days on an annual basis with an expected recurrence interval of once in every 10 years, determined at a fixed location on a river or stream, and expressed in terms of volume per unit of time.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.01); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1902.02 Affected dam owner {#sec-env-wq-1902.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.02}

“Affected dam owner” means an owner of a dam with an impoundment with a surface area greater than 10 acres in the WMPA of a designated river.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.02); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1902.03 Affected water user {#sec-env-wq-1902.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.03}

“Affected water user” means a water user required to be registered under RSA 488:3 and having a withdrawal or discharge at any location within the WMPA of a designated river.

#9936, eff 5-28-11; ss by #12695, eff 12-22-18

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.03); ss by

N.H. Code Admin. R. Ann. Env-Wq 1902.04 Commissioner {#sec-env-wq-1902.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.04}

“Commissioner” means the commissioner of the New Hampshire department of environmental services.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.04); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1902.05 Department {#sec-env-wq-1902.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.05}

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

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.05); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1902.08)

N.H. Code Admin. R. Ann. Env-Wq 1902.06 Designated river {#sec-env-wq-1902.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.06}

“Designated river” means “designated river” as defined in RSA 483:4, VIII, as reprinted in Appendix B. The term includes a river segment.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.06); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1902.09)

N.H. Code Admin. R. Ann. Env-Wq 1902.07 Governing body {#sec-env-wq-1902.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.07}

“Governing body” means the board of selectmen in a town, the board comprising the mayor and aldermen in a city, or the council in a city or town with a council, or the county commissioners in unincorporated towns and unorganized places.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.07); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1902.11)

N.H. Code Admin. R. Ann. Env-Wq 1902.08 Instream public uses {#sec-env-wq-1902.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.08}

“Instream public uses” means “instream public uses” as defined in RSA 483:4, XI, as reprinted in Appendix B.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1902.09 Lakes management advisory committee (LMAC) {#sec-env-wq-1902.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.09}

“Lakes management advisory committee (LMAC)” means the committee established under RSA 483-A:6.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.09); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1902.12)

N.H. Code Admin. R. Ann. Env-Wq 1902.10 Local river management advisory committee (LRMAC) {#sec-env-wq-1902.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.10}

“Local river management advisory committee (LRMAC)” means a committee established under RSA 483:8-a.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.10); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1902.13)

N.H. Code Admin. R. Ann. Env-Wq 1902.11 Protected instream flow {#sec-env-wq-1902.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.11}

“Protected instream flow” means “protected instream flow” as defined in RSA 483:4, XVI, as reprinted in Appendix B.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1902.12 Rivers management advisory committee (RMAC) {#sec-env-wq-1902.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.12}

“Rivers management advisory committee (RMAC)” means the committee established under RSA 483:8.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.12); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1902.14)

N.H. Code Admin. R. Ann. Env-Wq 1902.13 Water management planning area (WMPA) {#sec-env-wq-1902.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1902.13}

“Water management planning area (WMPA)” means the tributary drainage area to a designated river for which a water management plan is required.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1902.13); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1902.16)

Part Env-Wq 1903 Sequence and Procedures

N.H. Code Admin. R. Ann. Env-Wq 1903.01 Sequence {#sec-env-wq-1903.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1903.01}

In order to establish protected instream flows and adopt water management plans the department shall:

(a) Prioritize and select designated rivers in accordance with Env-Wq 1903.02;

(b) Hold a public hearing as required by RSA 483:9-c, II in accordance with Env-Wq 1903.02(c)-(g);

(c) Conduct a protected instream flow study of a designated river to determine proposed protected instream flows in accordance with Env-Wq 1904.02;

(d) Hold a public hearing to receive comments on each proposed protected instream flow study report in accordance with RSA 483:9-c, III and Env-Wq 1904.04;

(e) Establish and publish protected instream flows in accordance with Env-Wq 1904.05;

(f) Coordinate with affected water users, affected dam owners, lake associations, and property owners on any impoundments created by affected dams within a WMPA to develop water conservation plans, water use plans, or dam management plans, in accordance with Env-Wq 1905.01 through Env-Wq 1905.07;

(g) Hold at least one public hearing to receive comments on a proposed water management plan in accordance with RSA 483:9-c, IV and Env-Wq 1905.08; and

(h) Adopt and publish a water management plan that meets the criteria in Env-Wq 1905.09.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1903.02 Prioritization of Designated Rivers {#sec-env-wq-1903.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1903.02}

(a) The department, with the advice of the RMAC and the LMAC, shall establish a priority list that includes up to 5 designated rivers for which protected instream flows shall be established and for which a water management plan shall be adopted.

(b) For purposes of determining a designated river’s priority the department shall consider:

(1) The location of the designated river relative to other designated rivers for which protected instream flows and water management plans have not yet been established;

(2) The availability of stream flow gages for applying management;

(3) Projected development pressure within the designated river WMPA;

(4) Level of support in the WMPA from the LRMAC(s) and the public

(5) Comments received from the parties specified in Env-Wq 1903.01(f);

(6) Public comments received at a public hearing held in accordance with Env-Wq 1903.01(b); and

(7) Comments received from the RMAC and the LMAC.

(c) In accordance with RSA 483:9-c, II, no less than 60 days prior to commencing a designated river’s protected instream flow study, the department shall, jointly with the house and senate committees with jurisdiction over river management issues, hold a public hearing regarding prioritization of a designated river for establishment of protected instream flows and proposed adoption of a water management plan within the WMPA.

(d) The department shall notify each affected water user and affected dam owner within the WMPA of the each designated river on the priority list specified in (a), above, that the river is being considered for a protected instream flow study.

(e) Prior to the public hearing described in (c), above, the department shall post a notice of the date, time, and location of the hearing to its website and send written notice of the hearing to the following for each WMPA with a designated river on the priority list:

(1) The RMAC;

(2) The LMAC;

(3) The chair of each LRMAC;

(4) Lake associations on lakes with affected dams;

(5) The chair of any conservation commission;

(6) All governing bodies;

(7) Each state senator representing the municipalities in the WMPA;

(8) Each state representative representing the municipalities in the WMPA;

(9) The New Hampshire rivers council;

(10) The New Hampshire lakes association; and

(11) Any interested party who has provided contact information, including an email address, to the department and requested in writing to be notified of the hearing.

(f) The department shall provide a comment period of 30 days, during which time the department shall accept written comments on the factors pertaining to prioritization of the designated rivers and the proposed protected instream flow study.

(g) Prior to commencing a protected instream flow study, the department shall consider comments received at the public hearing and during the comment period, and publish a final determination on the order of priority of the rivers on the priority list.

History

• #12695, eff 12-22-18

Part Env-Wq 1904 Procedure for Establishment of Protected Instream Flows

N.H. Code Admin. R. Ann. Env-Wq 1904.01 General Procedure for Establishing Protected Instream Flows {#sec-env-wq-1904.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1904.01}

To establish protected instream flows on a designated river that conserve and protect the flow-dependent instream public uses and that meet applicable water quality standards:

(a) The department shall:

(1) Conduct a protected instream flow study and propose protected instream flows, as provided in Env-Wq 1904.02;

(2) Publish the proposed protected instream flows in a proposed protected instream flow study report for public review, as provided in Env-Wq 1904.03; and

(3) Hold a public hearing and receive comments on the study report and the proposed protected instream flows, as provided in Env-Wq 1904.04; and

(b) The commissioner shall issue a decision establishing the protected instream flows for the designated river, as provided in Env-Wq 1904.05.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1904.01); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1904.02 Protected Instream Flow Study {#sec-env-wq-1904.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1904.02}

The department shall, for each designated river, conduct a protected instream flow study that:

(a) Identifies and catalogs all flow-dependent instream public uses on the designated river listed under RSA 483:9-c, I, and all designated uses under the federal Clean Water Act (CWA);

(b) Includes an on-the-water stream survey of all flow-dependent instream public uses and designated uses under the CWA that identifies and catalogs from direct observation:

(1) Fish;

(2) Wildlife;

(3) Macroinvertebrates;

(4) Plants; and

(5) Recreational uses.

(c) Is based upon scientific analyses using methods described in the Report of the Instream Flow Pilot Program, dated December 1, 2015, and adopted as the final report of the Committee to Study the Impact of Water Withdrawals on Instream Flows, established pursuant to Chapter 242, Laws of 2000.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1904.02); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1905.02)

N.H. Code Admin. R. Ann. Env-Wq 1904.03 Proposed Protected Instream Flow Study Report {#sec-env-wq-1904.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1904.03}

The department shall prepare a proposed protected instream flow study report that includes:

(a) The recommended, scientifically-based, protected instream flows;

(b) The methods applied to determine the protected instream flows; and

(c) The supporting information used to determine those flows.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1904.04 Publication, Hearing, and Opportunity for Public Comment on Proposed Protected Instream Flows {#sec-env-wq-1904.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1904.04}

(a) Prior to the establishment of protected instream flows the department shall hold an informational meeting to present the proposed protected instream flow study report.

(b) At least 15 days after the informational meeting held in accordance with (a), above, the department shall hold a public hearing, in accordance with Env-C 205, to receive public comments on the proposed protected instream flow report.

(c) The hearing shall be held in a community through or past which the designated river flows.

(d) Prior to the public hearing, the department shall post a notice of the date, time, and location of the hearing to its website, including information about how a copy of the study report may be obtained, and shall send written notice of the hearing and study availability to, and solicit comment from, the following:

(1) Affected water users in the WMPA;

(2) Affected dam owners in the WMPA;

(3) Lake associations in the WMPA on lakes with affected dams;

(4) The RMAC;

(5) The LMAC;

(6) The LRMACs for the designated river and the LRMACs of upstream and downstream designated rivers, if any;

(7) The governing body of each municipality in the WMPA;

(8) State senators representing municipalities in the WMPA;

(9) State representatives representing municipalities in the WMPA;

(10) The New Hampshire rivers council;

(11) The New Hampshire lakes association;

(12) The New Hampshire fish and game department;

(13) The governor of any state which shares a designated river;

(14) The United States Environmental Protection Agency;

(15) The United States Fish and Wildlife Service;

(16) The United States Forest Service, for each designated river inside the White Mountain National Forest;

(17) The United States Geological Survey;

(18) Federal Energy Regulatory Commission, for each WMPA with a licensed or exempted hydropower site;

(19) The National Park Service; and

(20) Any interested party who has provided contact information, including an email address, to the department and requested in writing to be notified of the hearing.

(e) At the public hearing, the department shall specify a comment period which shall close at least 30 days after the hearing date, during which time the department shall accept written comments on the factors pertaining to the proposed protected instream flows.

(f) After the close of the comment period, the department shall consider the comments received during the public hearing and comment period to review the proposed protected instream flows relative to the following factors:

(1) The flow-dependent instream public uses identified in RSA 483:9-c;

(2) Water quality standards;

(3) Flows established pursuant to existing Federal Energy Regulatory Commission licenses or state contracts;

(4) Whether there are wastewater discharges that require a certain instream flow for permit compliance or maintaining water quality standards;

(5) Whether the river contains flow-regulating structures such as dams, and if so, how such structures are used to manage flow;

(6) Information relevant to flow conditions that will conserve, protect, maintain, or restore aquatic life or habitat, or both;

(7) Information relevant to flow conditions that will conserve, protect, maintain, or restore recreational uses;

(8) Information relevant to flow conditions that will conserve, protect, maintain, or restore resources for which the river is designated;

(9) Information relevant to flow conditions that will support the designated uses under the CWA;

(10) Pertinent resource management plans including, but not limited to, fisheries management plans, watershed management plans, and recreation management plans; and

(11) Other information relevant to the proposed protected instream flows.

History

• #7901. eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1905.03)

N.H. Code Admin. R. Ann. Env-Wq 1904.05 Establishment of Protected Instream Flows {#sec-env-wq-1904.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1904.05}

(a) Following the public comment period, the commissioner shall issue a decision establishing protected instream flows for the designated river that meet the criteria in RSA 483:1, 483:2, and 483:9-c.

(b) The decision shall:

(1) Be in writing;

(2) State the scientific basis for the established flow(s);

(3) Include an assessment of how the established flows will meet applicable water quality standards;

(4) Include the assessment required by RSA 483:9-c, V;

(5) Summarize the comments received; and

(6) Explain how the comments affected the decision.

(c) The department shall provide copies of the decision to:

(1) Persons identified in Env-Wq 1904.04(d);

(2) Persons who submitted written comments on the proposed flows; and

(3) Persons who requested to receive a copy of the notice of the established flows.

History

• #7901, eff 5-29-03, (See Revision Note at chapter heading for Env-Wq 1900); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1905.05)

N.H. Code Admin. R. Ann. Env-Wq 1904.06 Petition for Change to an Established Protected Instream Flow {#sec-env-wq-1904.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1904.06}

(a) A person may file a petition with the commissioner for a change to an established protected instream flow.

(b) The petition shall be in writing.

(c) The petition shall include:

(1) The name, address, email address, and daytime telephone number of the person requesting change;

(2) If the person petitioning for a change is not an individual, the name of an individual who can be contacted on behalf of the organization requesting the change;

(3) A clear and concise statement of the specific change being requested;

(4) A list of the flow-dependent outstanding characteristics identified in RSA 483:1, the flow-dependent resources identified in RSA 483:6, IV (a), and the flow-dependent instream public uses identified in RSA 483:9-c applicable to the river segment for which change of a protected instream flow is being requested;

(5) An explanation of how change of protected instream flows would conserve and protect the factors identified under (4) above;

(6) An explanation of how a change of protected instream flows would meet water quality standards;

(7) A full explanation of why protected instream flows should be changed on the designated river; and

(8) Identification of any data that was not available to the petitioner or that was presented by the petitioner but not considered at the time the protected instream flow was established.

(d) Within 30 days of receiving a petition for change of the protected instream flow, the commissioner shall:

(1) Deny the petition and affirm the established protected instream flow; or

(2) Grant the petition and begin reconsideration of the protected instream flow.

(e) The commissioner shall grant the petition if the petition is complete as described in (c) above and if the information in the petition or other information reviewed by the department indicates that the established protected instream flows were based on incomplete or erroneous information.

(f) The commissioner’s decision shall:

(1) Be in writing;

(2) Be sent to the person who petitioned for the change of the instream flow and to any other person who has asked to be notified in writing of the decision; and

(3) State the reason(s) for the decision and whether the decision is to deny the petition or to reconsider established protected instream flows.

(g) If the commissioner grants the petition, the department shall establish revised protected instream flows by the process set forth in Env-Wq 1904.01.

(h) The commissioner’s decision on the petition may be appealed in accordance with RSA 541.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1905.05 (a)-(h))

N.H. Code Admin. R. Ann. Env-Wq 1904.07 Department Initiated Changes to Established Protected Instream Flows {#sec-env-wq-1904.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1904.07}

The department shall initiate action, in accordance with Env-Wq 1904.01, to reconsider a designated river’s established protected instream flow if the department determines that the protected instream flows were based on incomplete or erroneous information.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900), ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1905.05(i))

Part Env-Wq 1905 Procedure for Adoption of Water Management Plans

N.H. Code Admin. R. Ann. Env-Wq 1905.01 Elements of a Water Management Plan {#sec-env-wq-1905.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.01}

(a) The department shall prepare a water management plan for each designated river that sets forth how the protected instream flows established under Part Env-Wq 1904 for a designated river or segment shall be maintained.

(b) The water management plan shall include an individual:

(1) Water conservation plan, as provided in Env-Wq 1905.03 for each affected water user;

(2) Water use plan, as provided in Env-Wq 1905.04, for each affected water user; and

(3) Dam management plan, as provided in Env-Wq 1905.05, for each affected dam owner.

(c) The department shall establish scientifically-supported protected instream flows prior to adoption of the water management plan for a WMPA.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1905.01); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1906.01(a)-(b))

N.H. Code Admin. R. Ann. Env-Wq 1905.02 Water Management Plan Development {#sec-env-wq-1905.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.02}

(a) The department shall:

(1) Prior to beginning development of a water management plan, notify each affected water user and affected dam owner in the WMPA by certified mail that:

a. A water management plan is being prepared;

b. The plan will be enforceable; and

c. They will have opportunities to propose components of the water management plan, participate in a public hearing, and submit comments relative to the water management plan prior to its adoption;

(2) Contact each affected water user and affected dam owner in the WMPA to discuss their individual water management plans;

(3) Make the proposed water management plan available for public review;

(4) Conduct a public hearing and receive comments as provided in Env-Wq 1905.08; and

(5) Issue a written decision as provided in Env-Wq 1905.09.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1905.02); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1906.01(c))

N.H. Code Admin. R. Ann. Env-Wq 1905.03 Water Conservation Plans {#sec-env-wq-1905.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.03}

(a) Each affected water user in a WMPA required to have a water management plan under Env-Wq 1905.01 shall have an individual water conservation plan that is prepared by the affected water user and approved by the department in accordance with this section.

(b) Each individual water conservation plan shall be incorporated into the water management plan for the WMPA.

(c) This section shall not apply to a hydropower dam facility that is an affected water user and has no withdrawal other than water used for hydropower production.

(d) A water conservation plan approved under Env-Wq 2101 shall be accepted by the department as an affected water user’s water conservation plan for purposes of this chapter.

(e) An affected water user without an approved water conservation plan under Env-Wq 2101 shall:

(1) For the purposes of this section, be considered the owner of a conservation system as defined in Env-Wq 2101 and shall comply with all requirements specified therein except:

a. Any requirements specified in Env-Wq 2101.02, Env-Wq 2101.05 (a) through (f), Env-Wq 2101.13, Env-Wq 2101.24(a), and Env-Wq 2101.26(b)(2); and

b. Any deadlines specified in Env-Wq 2101; and

(2) Submit a proposed water conservation plan that demonstrates compliance with Env-Wq 2101.05 through Env-Wq 2101.22 as applicable, specifically:

a. The water conservation plan for a large community water system shall demonstrate compliance with Env-Wq 2101.06 through Env-Wq 2101.12;

b. The water conservation plan for a small community water system active prior to May 15, 2005 or for a landlord-owned conservation system in which the landlord supplies water only to tenants and includes water service in a rental fee shall demonstrate compliance with Env-Wq 2101.15 through Env-Wq 2101.17, except that any deadlines specified therein shall not apply;

c. The water conservation plan for an agricultural user shall demonstrate compliance with Env-Wq 2101.18; and

d. The water conservation plan for an industrial, commercial, or institutional water users shall demonstrate compliance with Env-Wq 2101.19 through Env-Wq 2101.20 and Env-Wq 2101.22.

(f) An affected water user under (e), above, shall develop a water conservation plan as follows:

(1) Each affected water user shall develop an interim water conservation plan that includes a narrative explanation of the steps necessary to develop a final water conservation plan and include:

a. A reference to the section of Env-Wq 2101 applicable to the affected water user’s type of water use; and

b. A target date for completing a final water conservation plan;

(2) The target date for completing a final water conservation plan shall not be later than 2 years after the adoption date of the water management plan; and

(3) On or before the target date, each affected water user shall submit to the department a proposed final water conservation plan.

(g) The proposed final water conservation plan for each affected water user in the WMPA shall include an implementation schedule that complies with Env-Wq 1905.07.

(h) The department shall approve a final water conservation plan submitted in accordance with (f)(3), above, if it satisfies the requirements in (e)(2), above.

(i) Each affected water user subject to a water management plan shall complete implementation of its final water conservation plan within 5 years of the date of adoption of the water management plan.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1905.04 Water Use Plans {#sec-env-wq-1905.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.04}

(a) Each affected water user in a WMPA subject to a water management plan under Env-Wq 1905.01 shall:

(1) Have an individual water use plan that is prepared by the department in consultation with the affected water user; and

(2) Submit to the department the information specified in (e), below.

(b) Each individual water use plan shall be incorporated into the water management plan for the WMPA.

(c) This section shall not apply to a hydropower dam facility that is an affected water user and has no withdrawal other than water used for hydropower production.

(d) The department shall identify all affected water users within the WMPA and shall prepare an individual water use plan for each affected water user in the WMPA.

(e) Each individual water use plan shall:

(1) Include a report of water use patterns and the anticipated needs of each affected water user in the WMPA that:

a. Is based on specific water-use data and information from department records, site visits, and information received from affected water users; and

b. Includes the following information:

1. The name of the affected water user facility;

2. The name of the town where the facility is located;

3. The name, address, email address, and telephone number of owner, operator or both;

4. The emergency contact person and phone number;

5. A description including the locations of the facility’s water withdrawals and discharges;

6. The monthly and annual historical water use for each source of water used by the facility;

7. The monthly and annual historical water discharged by the facility; and

8. A description of patterns of current and projected water use;

(2) Describe the affected water user’s potential for water use modification to meet protected instream flows, including water use patterns and needs as determined in (1) above;

(3) Be developed so that the net effect of implementation of all individual plans, in coordination with implementation of the dam management plan, is maintenance of the protected instream flows; and

(4) Include an implementation schedule that complies with Env-Wq 1905.07.

(f) Notwithstanding any rule to the contrary, in order to help support the water use needs of affected water users during periods when stream flows are below the protected instream flows, the department shall:

(1) Determine the index amount of water equal to 5% of the 7Q10 at one or more of the designated river’s stream flow gages;

(2) Use the amount in (1) above to determine the derivative amount of water equal to 5% of the 7Q10:

a. At the impact point on the designated river of each affected water user’s withdrawal; and

b. Where the designated river exits the WMPA;

(3) Apportion among affected water users for withdrawal such amounts that in the aggregate do not exceed the amounts calculated in (2), above, giving priority to affected water users who:

a. Withdraw water directly from the designated river or its tributary; and

b. Have a water use pattern less than the amount in (2)a., above; and

c. Have limited alternatives to meeting their water withdrawal needs from their surface water source;

(4) Specify in the water use plan of each affected water user the amount apportioned pursuant to (3), above, if applicable; and

(5) Revise the apportionments in water use plans in accordance with Env-Wq 1905.12 if water use conditions in the WMPA have changed.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1905.05 Dam Management Plans {#sec-env-wq-1905.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.05}

(a) Each affected dam owner within a WMPA that is subject to a water management plan under Env-Wq 1905.01, and each hydropower facility that is an affected water user, shall have an individual dam management plan that is prepared by the department in consultation with the affected dam owner or hydropower facility owner.

(b) Each individual dam management plan shall be incorporated into the water management plan for the WMPA.

(c) Each individual dam management plan shall:

(1) Include data and information from department sources, site visits, and interviews with each affected dam owner or their operator on characteristics and operational procedures of affected dams within the WMPA including:

a. The name of the dam;

b. The name of the town where the dam is located;

c. The name, address, email address, and telephone number of owner, operator or both;

d. The emergency contact person and phone number;

e. The dam’s state ID number and Federal Energy Regulatory Commission exemption or license number, if applicable;

f. A description of the dam’s typical annual operational schedule, including any routine drawdown and refilling events;

g. The name of the water body impounded by dam and the downstream river;

h. The primary use(s) of the impoundment;

i. The elevation, in feet, of the normal full pool;

j. The elevation, in feet, of the invert of all spillways and outlets;

k. The volume of water in the top 2 feet of the lake at full pool;

l. The elevation, in feet, of the top of the dam or dam height relative to the lowest spillway;

m. The height of the dam, in feet, from toe to the highest point on the dam;

n. The type and dimensions of spillway control(s) or outlet works;

o. The surface area of the impoundment at the normal full pool, in acres;

p. The drainage area, in square miles;

q. The normal storage, in acre-feet, which is the volume of water impounded above the natural pond or stream elevation when the water level is at the spillway crest;

r. The maximum unoperated discharge, in cubic feet per second (cfs);

s. The design storm discharge, in cfs;

t. The estimated 50-year flood flow, in cfs;

u. The estimated 100-year flood flow, in cfs;

v. Any contractual obligations, minimum flow requirements and flowage rights; and

w. A description of any expected water quality impacts to the impoundment as a result of implementing the dam management plan;

(2) Include a section describing:

a. The potential water available for release to maintain protected instream flows;

b. The ecological and other impacts to the impoundment and downstream river reaches which might restrict the use of such waters for augmentation flows; and

c. The potential for dam management to meet instream flow requirements, including dam operation patterns, physical structure, and needs as determined in (c)(1) above;

(3) For each affected dam in the WMPA, include an individual dam management plan so that the net effect of implementation of all individual dam management plans, in coordination with implementation of the water use plans, is maintenance of the protected instream flows;

(4) For each affected dam in the WMPA for which dam releases are specified in a dam management plan, include an assessment of how such releases could affect lakefront properties, recreational interests and lake ecology; and

(5) For each affected dam in the WMPA, include an implementation schedule, as provided in Env-Wq 1905.07.

(d) The department shall:

(1) Meet with each affected dam owner to discuss potential water management plan requirements necessary to protected instream flows; and

(2) Coordinate negotiations among affected dam owners, affected water users, and other applicable interests toward water use and dam management that will meet protected instream flows and support the primary uses of the impoundment.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1905.05); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1906.04)

N.H. Code Admin. R. Ann. Env-Wq 1905.06 Water Management Plan Document {#sec-env-wq-1905.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.06}

(a) The department shall prepare a proposed water management plan document specifying the conservation and operational measures required for each affected water user and affected dam owner in the WMPA to meet the protected instream flows.

(b) The proposed plan shall include an implementation schedule for each affected water user and affected dam owner in the WMPA in accordance with Env-Wq 1905.07.

(c) The proposed water management plan document shall include an assessment of the effect of protected instream flows upon existing hydroelectric power generation, water supply, flood control, and other riparian users, as specified RSA 483:9-c, V.

(d) The department shall make the proposed water management plan document available for public review at least 30 days before the hearing and provide opportunity for public comment as specified in Env-Wq 1905.08.

History

• #7901, eff 5-29-03, (See Revision Note at chapter heading for Env-Wq 1900); ss by #9936, eff 5-28-11, ss by #12695, eff 12-22-18 (formerly Env-Wq 1906.05)

N.H. Code Admin. R. Ann. Env-Wq 1905.07 Implementation Schedule {#sec-env-wq-1905.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.07}

(a) Each individual water conservation plan, water use plan, and dam management plan shall include an implementation schedule establishing the timeframes within which an affected water user or affected dam owner shall complete any approvals, plans, property or equipment acquisitions, construction, or other activities necessary to perform the ongoing operational requirements in the plan.

(b) Subject to Env-Wq 1906.04, requirements or activities specified in an implementation schedule shall be completed within 5 years after adoption of the water management plan.

(c) Any affected water users or affected dam owners with an implementation schedule longer than 3 years shall make periodic progress reports to the department beginning the year after the water management plan is adopted, as follows:

(1) Progress reports shall be submitted to the department annually on or before the adoption date of the water management plan;

(2) If the implementation schedule is longer than 4 years, or if implementation of a shorter schedule is not completed within 4 years, an affected water user or affected dam owner shall submit an additional written progress report to the department no later than 4.5 years after the adoption of the water management plan; and

(3) A progress report shall include:

a. Identification of the facility, its address, the authorized person submitting the report and that person’s contact information;

b. Identification of the incomplete approvals, plans, property or equipment acquisitions, construction, or other requirements or activities necessary to conduct the operational requirements of the water management plan;

c. A description of progress made in the previous year on approvals, plans, property or equipment acquisitions, construction, or other requirements or activities necessary to conduct the operational requirements, including those that were completed;

d. For approvals, plans, property or equipment acquisitions, construction, or other activities necessary to conduct the operational requirements that have not been completed in accordance with the implementation schedule, a supplementary schedule proposing revised timeframes within which such requirements or activities in the plan shall be completed; and

e. The signature of the authorized representative of the facility submitting the report.

(d) Any affected water users or affected dam owners with implementation schedules shorter than 3 years who have not met their implementation schedule goals after three years shall make periodic progress reports as specified in (c), above.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1905.08 Publication, Hearing, and Opportunity for Public Comment on Proposed Water Management Plans {#sec-env-wq-1905.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.08}

(a) Prior to adoption of a water management plan for a designated river or designated river segment, the department shall:

(1) Prepare a proposed water management plan document containing the draft water conservations plans, water use plans, and dam management plans of the affected water users and affected dam owners in the WMPA;

(2) Post on the department’s web page a notice of the availability of the proposed water management plan report and send notice to the persons identified in Env-Wq 1904.04(d);

(3) Hold a public informational meeting to present and describe the proposed water management plan; and

(4) At least 15 days after the informational meeting held in accordance with (3), above, hold a public hearing to receive public comment on the proposed water management plan in accordance with Env-C 205 and the following requirements:

a. The hearing shall be held in a community through or past which the designated river flows;

b. The hearing shall be held at least 30 days after the notice required in (2), above is posted;

c. At least 30 days before the hearing, the department shall post on the department’s web page a notice of the hearing and send written notice of the public hearing to and solicit comment from the persons identified in Env-Wq 1904.04(d); and

d. At the public hearing, the department shall specify a comment period which shall close at least 30 days after the hearing date, during which time the department shall accept written comments on the factors pertaining to the proposed water management plan.

(b) The department shall consider the comments received during the public hearing and comment period to review the proposed water management plan relative to the following factors:

(1) The outstanding characteristics identified in RSA 483:1;

(2) The resources identified in RSA 483:6, IV(a);

(3) The flow-dependent instream public uses identified in RSA 483:9-c;

(4) Water quality standards;

(5) The extent to which implementation of the water management plan will maintain the established protected instream flows;

(6) Whether there are affected water users or affected dam owners in the WMPA that have failed to provide information or participate in good faith in negotiations for development of the plan;

(7) Any objections to the proposed plan; and

(8) Other information relevant to the proposed plan that was not considered during the preparation of the proposed plan.

History

• #7901, eff 5-29-03, (See Revision Note at chapter heading for Env-Wq 1900); ss by #9936, eff 5-28-11, ss by #12695, eff 12-22-18 (formerly Env-Wq 1906.0)

N.H. Code Admin. R. Ann. Env-Wq 1905.09 Adoption of Water Management Plans {#sec-env-wq-1905.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.09}

(a) Following the close of the comment period, the department shall:

(1) Review all comments received; and

(2) Revise the plan if testimony received shows that the plan does not meet the criteria in (b) below.

(b) The commissioner shall adopt the plan if:

(1) The plan contains the 3 elements described in Env-Wq 1905.01(a);

(2) Each of the individual plans in Env-Wq 1905.01(a) has an implementation schedule;

(3) Implementation of the water management plan will result in maintenance of the established protected instream flows; and

(4) Implementation of the water management plan supports the policy and intent of RSA 483:1, RSA 483:2, and RSA 483:9-c.

(c) The commissioner shall issue a written decision adopting or denying the water management plan for the designated river.

(d) The adopted water management plan decision shall:

(1) Be in writing;

(2) Summarize comments received by the department; and

(3) Explain how the comments affected the adopted plan.

(e) The department shall provide copies of the adopted plan to:

(1) Persons identified in Env-Wq 1904.04(d);

(2) Persons who submitted written comments on the proposed plan; and

(3) Persons who requested a copy of the adopted plan.

History

• #7901, eff 5-29-03, (See Revision Note at chapter heading for Env-Wq 1900); ss by #9936, eff 5-28-11, ss by #12695, eff 12-22-18 (formerly Env-Wq 1906.07)

N.H. Code Admin. R. Ann. Env-Wq 1905.10 Petition for Changes to an Adopted Water Management Plan {#sec-env-wq-1905.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.10}

(a) A person may file a petition with the department to change an adopted water management plan when:

(1) There is a new affected water user in the WMPA; or

(2) There are proposed changes in water use or operating conditions by an affected water user or affected dam owner that potentially impact stream flow conditions.

(b) A petition shall be in writing and include:

(1) The name, address, email address, and daytime telephone number of the person petitioning for a change;

(2) If the person petitioning for a change is not an individual, the name of an individual who can be contacted on behalf of the organization petitioning for change;

(3) A clear and concise statement of the specific change being sought;

(4) A description of the new water use’s impact on stream flow, including the mechanism for water withdrawal and the withdrawal rate;

(5) An explanation of how the proposed change to the adopted plan is consistent with maintenance of established protected instream flows and water quality standards;

(6) Documentation that all affected water users and affected dam owners to whom the change applies have agreed to the change, or if all have not agreed, an explanation of the reasons for failure to agree;

(7) If applicable, any factors the petitioner believes the department should reevaluate; and

(8) Identification of any data that was not available to the petitioner or that was presented by the petitioner but not considered by the department at the time the plan was adopted.

(c) If a petition contains all the information required in (b), above, the department shall accept the petition as administratively complete and:

(1) Notify affected water users and affected dam owners in the WMPA that the department:

a. Has received a petition for a change to the water management plan;

b. Will accept written comments on the petition from the affected water users and affected dam owners for 30 days after the date of the notice; and

c. Will hold a public hearing if it receives requests for a public hearing from at least 25% of affected water users or affected dam owners within the WMPA during the comment period;

(2) Upon receipt of a sufficient number of requests specified in (c)(1)c., above, hold a public hearing in accordance with Env-C 205, to receive comments on the changes proposed in the petition; and

(3) Complete a review of the changes proposed in the petition and any comments received in accordance with (1) and (2), above.

(d) If the petition does not contain all the information required in (b) above:

(1) The department shall notify the petitioner that the petition is administratively incomplete and that additional information must be submitted within 45 days of the date of the notification;

(2) The petitioner shall submit the information identified in (1), above, within 45 days of the date of the notification; and

(3) If the petitioner does not respond to a request for additional information as specified in (1) and (2), the department shall reject the petition without further review.

(e) The department shall deny an administratively complete petition if it determines that:

(1) The petition is based on information that was available to petitioner when the water management plan was prepared, but not previously submitted to the department;

(2) The proposed change in water use will not impact the protected instream flow conditions in such a manner as to necessitate a change to the adopted plan; or

(3) The proposed change in the water management plan is inconsistent with maintenance of established protected instream flows and water quality standards.

(f) The department shall grant an administratively complete petition if it determines that:

(1) The petition is based on new information that was not available to petitioner when the water management plan was prepared;

(2) The proposed change in water use will impact the protected instream flow conditions in such a manner as to necessitate a change to the adopted plan; and

(3) The proposed change in the water management plan is consistent with maintenance of established protected instream flows and water quality standards.

(g) The department’s decision to grant or deny a petition shall:

(1) Be in writing;

(2) Be sent to the petitioner and to any other person who has asked to be notified of the decision in writing; and

(3) State the reason(s) for the decision.

(h) If the department grants the petition, the department shall amend the adopted water management plan to reflect any changes approved in the decision.

(i) The department’s decision on the petition may be appealed in accordance with RSA 541.

History

• #7901, eff 5-29-03, (See Revision Note at chapter heading for Env-Wq 1900); ss by #9936, eff 5-28-11, ss by #12695, eff 12-22-18 (formerly Env-Wq 1906.08)

N.H. Code Admin. R. Ann. Env-Wq 1905.11 Routine Updates of Water Management Plans by the Department {#sec-env-wq-1905.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.11}

(a) The department shall periodically make administrative revisions to an affected water user’s or an affected dam owner’s water management plan to reflect the following:

(1) Updates to records of monthly and annual water use data;

(2) Updates to contact information for the affected dam owner or affected water user;

(3) Corrections to or addition of measurements or technical information; and

(4) Other updates that do not affect operational requirements of a water use plan, water conservation plan, or dam management plan.

(b) The department shall post a notice to its website of its intent to make routine changes at least 10 business days prior to finalizing such changes to the water management plan.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1905.12 Changes to the Water Management Plan as a Result of Changes in the WMPA {#sec-env-wq-1905.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.12}

If the department determines that conditions in the WMPA have changed in such a manner and extent that the existing water management plan no longer supports the protected instream flows, the department shall:

(a) Prepare findings of changed circumstances and amendments to the water management plan proposed to address those changed circumstances;

(b) Notify affected water users and affected dam owners within the WMPA that the department;

(1) Proposes to amend the water management plan;

(2) Will accept written comments on the proposal to amend the water management plan from affected water users and affected dam owners within the WMPA for 30 days after the date of the notice; and

(3) Will hold a public hearing if it receives requests for a public hearing from at least 25% of affected water users or affected dam owners within the WMPA during the comment period;

(c) Upon receipt of a sufficient number of requests specified in (b)(3), above, hold a public hearing in accordance with Env-C 205, to receive comments on the proposed amendments; and

(d) Complete a review of the proposed amendments and any comments received in accordance with (b) and (c), above.

(e) Adopt the proposed amendments if it determines, based on the evidence of changed circumstances and any public comments received that:

(1) The changed circumstances impact the protected instream flow conditions in such a manner as to necessitate a change to the adopted plan; and

(2) The proposed amendments are consistent with maintenance of established protected instream flows and water quality standards.

(f) Upon adoption of the proposed amendments, send a written notice to the affected water users and affected dam owners within the WMPA, and to any other person who has asked to be notified, stating the reasons for adoption of the amendments.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1905.13 Changes to the Water Management Plan as a Result of a Waiver {#sec-env-wq-1905.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1905.13}

If a waiver under Env-Wq 1907 is granted, the department shall amend the water management plan to reflect any changes approved in the decision granting the waiver.

History

• #12695, eff 12-22-18

Part Env-Wq 1906 Administration of Water Management Plans

N.H. Code Admin. R. Ann. Env-Wq 1906.01 Protected Instream Flows and Water Quality Criteria {#sec-env-wq-1906.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1906.01}

Protected instream flows established by the commissioner shall serve as water quality criteria for the purpose of administration of water quality standards by the department under the federal Clean Water Act and RSA 485-A.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1906.01); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1907.01)

N.H. Code Admin. R. Ann. Env-Wq 1906.02 Public Water Supply Emergencies {#sec-env-wq-1906.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1906.02}

If the commissioner determines that a public water supply emergency exists that affects the health and safety of those dependent on water supply from an affected water user, the commissioner shall suspend implementation of any requirements in a water management plan to the extent and duration reasonably necessary to alleviate the effects on public health and safety for the duration of the emergency.

History

• #12695, eff 12-22-18

N.H. Code Admin. R. Ann. Env-Wq 1906.03 Compliance {#sec-env-wq-1906.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1906.03}

(a) Affected water users and affected dam owners shall comply with the adopted water management plan and its implementation schedule.

(b) Each affected water user and affected dam owner shall maintain records of the actions taken to comply with a water management plan.

(c) Each affected water user and affected dam owner shall allow the department to review the records specified in (b) above upon request.

(d) Any affected water user or affected dam owner that complies with the adopted water management plan shall be deemed to be in compliance with the water quality standards relative to stream flow established in RSA 485-A and Env-Wq 1700.

(e) Within 3 months of completing the implementation schedule, an affected water user or affected dam owner shall submit a final progress report to the department documenting that approvals, plans, property or equipment acquisitions, construction, or other requirements or activities necessary to conduct the operational requirements in the implementation schedule have been completed.

(f) The department shall review the final progress report and notify the affected water user or affected dam owner that the department has:

(1) Confirmed that the activities necessary to comply with the management plan has been completed; or

(2) Identified deficiencies in completing the activities necessary to comply with the water management plan.

(g) No dam owner shall operate a dam in such way as to attenuate the effects of a dam management plan being implemented within the WMPA.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1906.03); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (formerly Env-Wq 1907.02)

N.H. Code Admin. R. Ann. Env-Wq 1906.04 Time Extension for Implementation Schedules {#sec-env-wq-1906.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1906.04}

(a) An affected water user or affected dam owner may request one 5-year extension to an implementation schedule on the basis of unsustainable economic consequences or other circumstances that prevent compliance with the implementation schedule.

(b) An extension request under this section shall be submitted in writing to the department and include:

(1) Identification of the facility, and the name and contact information for the authorized person requesting the extension;

(2) Dates of annual progress reports previously submitted to the department;

(3) A description of progress made since the previous annual progress report and a description of the plans for the remainder of the original implementation period;

(4) Documentation of the economic consequences or other circumstances that prevent compliance with the implementation schedule;

(5) A plan for completing the implementation schedule within the extension period; and

(6) The signature of the authorized representative of the facility submitting the request.

(c) The department shall grant an extension if:

(1) The request demonstrates that due to economic consequences or other circumstances the affected water user or affected dam owner is unable to comply with the implementation schedule;

(2) The affected water user’s or affected dam owner’s annual progress reports demonstrate a good faith effort to comply with the implementation schedule; and

(3) The affected water user or affected dam owner has provided a plan which the department determines is likely to result in compliance with the water management plan within the 5-year extension period.

(d) The department’s decision to grant or deny an extension request shall:

(1) Be in writing;

(2) State the reasons for the decision and whether the decision is to grant or deny the request.

History

• #12695, eff 12-22-18

Part Env-Wq 1907 Waivers

N.H. Code Admin. R. Ann. Env-Wq 1907.01 Purpose {#sec-env-wq-1907.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1907.01}

The purpose of this part is to accommodate the variety of conditions and circumstances to which this chapter applies.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1907.01); ss by #9936, eff 5-28-11 (from Env-Wq 1907.02); ss by #12695, eff 12-22-18 (from Env-Wq 1908.01)

N.H. Code Admin. R. Ann. Env-Wq 1907.02 Waiver Request {#sec-env-wq-1907.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1907.02}

(a) Any person affected by this chapter may request a waiver of specific rules or specific requirements of an applicable water use plan, water conservation plan, or dam management plan, in accordance with this section.

(b) A request for waiver shall:

(1) Be submitted in writing to the department; and

(2) Include the information specified in (c), below.

(c) The information required to be submitted in support of request for waiver shall be as follows:

(1) The name of the facility, and the name and contact information of the authorized person requesting a waiver;

(2) A description of the designated river and water use, instream public use or resource to which the waiver request relates;

(3) A specific reference to the section of an applicable water use plan, water conservation plan, or dam management plan for which a waiver is being sought;

(4) A full explanation of the following, as applicable:

a. The operational or economic consequence, or both, of complying with the individual water management plan, as written; or

b. The public health or safety consequences, or both, of complying with the individual water management plan, as written; and

(5) A full explanation of the alternatives to be implemented in lieu of complying with the applicable requirements as written; and

(6) A full explanation of how the proposed alternatives are consistent with the purpose and intent of RSA 483:9-c, and would adequately protect public health, safety and the environment.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1907.02); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (from Env-Wq 1908.01)

N.H. Code Admin. R. Ann. Env-Wq 1907.03 Waiver Criteria; Decisions {#sec-env-wq-1907.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 1907.03}

(a) The department shall grant a waiver if the department finds that the alternatives proposed:

(1) Are consistent with the purpose and intent of RSA 483:9-c;

(2) Meet water quality standards; and

(3) Would adequately protect public health, safety, and the environment.

(b) The department shall not grant any waiver that contravenes the intent of any rule or conflicts with any statute.

(c) The department shall issue a written response to a request for a waiver.

(d) If the waiver is denied, the department shall specifically set forth the reason(s) for the denial.

(e) Any person aggrieved by a waiver decision may appeal to the New Hampshire water council in accordance with RSA 21-O:14 and the rules adopted by the council, Env-WC 100-200.

Appendix A: State and Federal Statutes Implemented

Rule

State Statute(s) Implemented

Federal Statute, Regulation Implemented

Env-Wq 1901.01

RSA 483:9-c, I; RSA 483:11, IV

Env-Wq 1901.02

RSA 483:9, IV; RSA 483:9-a, V; RSA 483:9-aa, V; RSA 483:9-b, V

Env-Wq 1902

RSA 541-A:7

Env-Wq 1903

RSA 483:9-c, I-IV; RSA 483:11, IV

Env-Wq 1904

RSA 483:9-c, I & III; RSA 483:11, IV

Env-Wq 1905.01 through 1905.05

RSA 483:9-c, I; RSA 483:11, IV

Env-Wq 1905.06 (a),(b),(d) and (e)

RSA 483:9-c, I & VI; RSA 483:11, IV

Env-Wq 1905.06 (c)

RSA 483:9-c, V

Env-Wq 1905.07

RSA 483:9-c, I & VI; RSA 483:11, IV

Env-Wq 1905.08

RSA 483:9-c, I & IV; RSA 483:11, IV

Part 1905.09 through 1905.13

RSA 483:9-c, I; RSA 483:11, IV

Env-Wq 1906.01

RSA 483:1; RSA 483:9-c, I; RSA 483:11, IV; RSA 485-A:4, V; RSA 485-A:8, I, II, III & VI

33 U.S.C. 1251 et seq.

Env-Wq 1906.02

RSA 483:9-c, VIII

Env-Wq 1906.03

RSA 483:9, IV; RSA 483:9-a, V; RSA 483:9-aa, V; RSA 483:9-b, V; RSA 483:9-c, I & VI; RSA 483:11, IV

Env-Wq 1906.04

RSA 483:9-c, VI

Env-Wq 1907

RSA 483:9-c, I & VII; RSA 483:11, IV

Appendix B: Statutory Definitions

RSA 483:4:

VIII. "Designated river" means that portion of a perennial river which has been specifically designated by the general court pursuant to RSA 483:15.

XI. "Instream public uses" means those uses which comprise the state's interests in surface waters including, but not limited to: navigation; recreation; fishing; storage; conservation; maintenance and enhancement of aquatic and fish life; fish and wildlife habitat; wildlife; the protection of water quality and public health; pollution abatement; aesthetic beauty; and hydroelectric energy production.

XVI. "Protected instream flow" means a stream flow pattern which is established to maintain water for present and future instream public uses.

History

• #7901, eff 5-29-03 (See Revision Note at chapter heading for Env-Wq 1900) (formerly Env-Ws 1907.01); ss by #9936, eff 5-28-11; ss by #12695, eff 12-22-18 (from Env-Wq 1908.01)

Chapter Env-Wq 2000 Coastal Program Grant Rules

Part Env-Wq 2001 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 2001.01 Purpose {#sec-env-wq-2001.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2001.01}

The purpose of these rules is to establish the procedures for applying for coastal program grants and the criteria for evaluating the applications.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2001.02 Applicability {#sec-env-wq-2001.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2001.02}

These rules shall apply to any applicant for funding under the coastal program.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

Part Env-Wq 2002 Definitions

N.H. Code Admin. R. Ann. Env-Wq 2002.01 Coastal zone {#sec-env-wq-2002.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2002.01}

“Coastal zone” means the geographic boundary of the New Hampshire coastal program, which comprises the jurisdictional areas of the state’s 17 coastal municipalities and the state’s off-shore territorial waters.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09 (from Env-Wq 2002.03)

N.H. Code Admin. R. Ann. Env-Wq 2002.02 Department {#sec-env-wq-2002.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2002.02}

“Department” means the department of environmental services.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09 (from Env-Wq 2002.04)

N.H. Code Admin. R. Ann. Env-Wq 2002.03 Grant cycle {#sec-env-wq-2002.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2002.03}

“Grant cycle” means one round of applications for funding.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09 (from Env-Wq 2002.05)

N.H. Code Admin. R. Ann. Env-Wq 2002.04 New Hampshire coastal program (NHCP) {#sec-env-wq-2002.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2002.04}

“New Hampshire coastal program (NHCP)” means New Hampshire’s coastal management program approved by NOAA under the federal Coastal Zone Management Act (CZMA), 16 U.S.C. §§1451-1465, to enhance overall coastal resource management.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2002.05 Office of Ocean and Coastal Resource Management (OCRM) {#sec-env-wq-2002.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2002.05}

“Office of Ocean and Coastal Resource Management (OCRM)” means the federal office within the NOAA National Ocean Service that interprets the CZMA.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09 (from Env-Wq 2002.06)

N.H. Code Admin. R. Ann. Env-Wq 2002.06 Practicable {#sec-env-wq-2002.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2002.06}

“Practicable" means available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2002.07 Section 306A project checklist {#sec-env-wq-2002.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2002.07}

“Section 306A project checklist” means the document provided by the OCRM as part of its construction and acquisition requirements to be used in the coastal grant program.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

Part Env-Wq 2003 Limitations on Grant Distribution

N.H. Code Admin. R. Ann. Env-Wq 2003.01 Allocation to Coastal States {#sec-env-wq-2003.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2003.01}

In accordance with the CZMA, funds are appropriated annually by Congress to OCRM to distribute to coastal states with approved management programs. This chapter shall apply only to that portion of the New Hampshire coastal grant which is passed through to applicants for project development and implementation.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2003.02 Funding Limits {#sec-env-wq-2003.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2003.02}

(a) A maximum of $50,000 financial assistance shall be awarded to any applicant in any grant cycle.

(b) Each applicant shall submit no more than one application in any grant cycle.

(c) Applications submitted by departments or divisions within a larger governmental or educational entity shall be considered as separate applications. However, no single governmental or educational entity shall receive more than 50% of the total available grant funds per grant cycle.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2003.03 Matching Fund Requirements {#sec-env-wq-2003.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2003.03}

Grantees shall provide a non-federal funding match which, at a minimum, equals the grant request, either with cash or in-kind services, unless at the time of the grant request the federal matching requirement has been met.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2003.04 Eligible Applicants {#sec-env-wq-2003.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2003.04}

The following entities shall be eligible to apply for a grant under this chapter:

(a) Any municipality, school district, regional planning agency (RPA), or county government within or partially within the state’s coastal zone;

(b) Academic institutions of higher education or individual departments thereof;

(c) Any state agency; or

(d) Any tax exempt, non-profit organization as certified by the United States Internal Revenue Service.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

Part Env-Wq 2004 Grant Application Process

N.H. Code Admin. R. Ann. Env-Wq 2004.01 Formal Procedure {#sec-env-wq-2004.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2004.01}

Applicants shall apply for coastal program funds through a formal application procedure. Project applications shall contain the information required in either Env-Wq 2004.04 or Env-Wq 2004.06,as appropriate, in order to be considered for selection.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2004.02 Hearing Requirement for Municipalities {#sec-env-wq-2004.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2004.02}

If required by RSA 31:95-b, a municipal applicant shall conduct a public hearing in accordance with that section. If a hearing is held, the municipality shall provide written minutes of the hearing or town meeting in the application materials.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2004.03 Planning/Management Grants {#sec-env-wq-2004.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2004.03}

(a) Eligible planning or management activities shall include the following:

(1) Preliminary engineering reports and construction cost estimates;

(2) Feasibility studies;

(3) Ordinance development;

(4) Hydrologic studies;

(5) Resource planning and management studies;

(6) Mapping of natural resources and land use;

(7) Invasive species control;

(8) Resource monitoring, research, and evaluation; and

(9) Education and outreach.

(b) In order to be eligible for a planning/management grant, projects shall meet each of the following minimum requirements:

(1) Projects shall be located within the coastal zone, or outside the coastal zone when shown to directly affect the coastal zone; and

(2) Projects shall not be dependent upon the need to complete other related work for which there is no certainty of completion.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2004.04 Planning/Management Grant Applications {#sec-env-wq-2004.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2004.04}

The applicant for a planning/ management grant shall provide the following:

(a) A concise narrative statement which describes:

(1) The proposed activity;

(2) Whether it is a stand alone project or part of a larger project;

(3) Why the project is necessary; and

(4) What the outcome of the project will be;

(b) A map with the project location clearly delineated;

(c) A schedule containing estimated dates for the completion of specific project tasks;

(d) A budget that:

(1) Details all costs and sources of funding associated with proposed project activities, as well as a description of the source(s) of funding for the matching share; and

(2) Complies with the following:

a. Not more than 35% of total project costs shall be allowed as overhead or indirect costs; and

b. Budgeted amounts for volunteer services, if used as match, shall be detailed; and

(e) A description of how the proposal addresses or does not address each of the selection criteria specified in Env-Wq 2006.03 through Env-Wq 2006.11.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2004.05 Construction/Acquisition Grants {#sec-env-wq-2004.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2004.05}

(a) Construction, acquisition, and other projects shall include the following:

(1) Acquisition of interests in land, including but not limited to the fee, an easement, or a right-of-way;

(2) Construction projects;

(3) Habitat restoration;

(4) Shoreline rehabilitation and modification to increase or improve public access;

(5) Final engineering designs or specifications; and

(6) Educational, interpretive, and management activities.

(b) In order to be eligible for construction/acquisition grants, projects shall meet each of the minimum requirements for planning/management applications contained in Env-Wq 2004.03(b), and each of the following requirements, as applicable to the project:

(1) Completed projects shall be accessible for use by the general public, including persons with disabilities;

(2) Construction projects shall be sited on public land, leased land, or land for which an easement has been obtained; and

(3) An easement or lease shall be for the life of the constructed project.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2004.06 Construction/Acquisition Grant Applications {#sec-env-wq-2004.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2004.06}

The applicant for a construction/ acquisition grant shall provide the following:

(a) A concise narrative statement which describes:

(1) Each activity proposed as part of the project;

(2) Whether it is a stand alone project or is part of a larger project;

(3) The location of the project;

(4) Materials to be used;

(5) Why the project is necessary; and

(6) What the end outcome of the project will be;

(b) A map with the exact project location and its relationship to other surrounding features clearly delineated;

(c) A detailed site plan showing the relationship of the project to other facilities and significant natural features, including but not limited to slope, access points, wetlands, and dunes;

(d) If the project is a public access project, a description of the signage proposed to identify its availability to the public;

(e) A schedule containing estimated dates for the completion of specific project tasks;

(f) A budget that:

(1) Details all costs and sources of funding associated with proposed project activities, as well as a description of source of funding for the matching share; and

(2) Complies with the following:

a. Not more than 35% of total project costs shall be allowed as overhead or indirect costs; and

b. Budgeted amounts for volunteer services, if used as match, shall be detailed;

(g) For projects where the architectural and engineering plans are final, a statement as to the source of funds for the subsequent construction project;

(h) A title opinion, certification, affidavit, or title insurance showing public ownership or control of land for projects involving acquisition or construction, signed by a licensed attorney or authorized state or local government official;

(i) A section 306A project checklist to provide detailed information on potential environmental impacts;

(j) For construction projects, a letter from the state historic preservation officer clearing the project for historic preservation purposes;

(k) A list of all necessary local, state, and federal permits or a statement on the section 306A project checklist that no permits are needed for the proposed project; and

(l) A description of how the proposal addresses or does not address each of the selection criteria specified in Env-Wq 2006.03 through Env-Wq 2006.11.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2004.07 Multi-Phase Projects {#sec-env-wq-2004.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2004.07}

(a) Multi-phase projects shall be eligible for funding under this program, provided they meet all other requirements of these rules.

(b) The award of a grant for one phase of a multi-phase project shall not guarantee that subsequent phases will be funded.

(c) Each phase of a project shall be:

(1) Completed within one grant cycle; and

(2) Able to stand alone as a project.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2004.08 Ineligible Activities {#sec-env-wq-2004.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2004.08}

The following activities shall not be eligible for funding through the NHCP:

(a) Activities that do not fall within the coastal zone, except as provided for in Env-Wq 2004.03(b)(1);

(b) Activities that are planned for privately-owned land, except those which will be on privately-owned land with public control through easement, right-of-way, or long-term lease; and

(c) Activities that otherwise are ineligible under CZMA statutes and OCRM rules.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

Part Env-Wq 2005 Procedures for Administration of Funds by Grantee

N.H. Code Admin. R. Ann. Env-Wq 2005.01 Documentation {#sec-env-wq-2005.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2005.01}

(a) Grantees shall document all project activity costs and associated costs.

(b) Documentation shall be available for review by the department or OCRM.

(c) Grantees shall retain documentation for a period of 3 years after project completion for audit purposes.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2005.02 Compliance By Grantee With All Applicable Requirements {#sec-env-wq-2005.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2005.02}

In performance of the project activities, the grantee shall comply, and require each contractor and sub-contractor to comply with:

(a) All statutes and rules governing the administration of the NHCP;

(b) All applicable requirements of any federal, state, county, or municipal authorities; and

(c) Any lawful directive of any public officer relative to the performance of project activities.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

Part Env-Wq 2006 Criteria and Procedures for Evaluating & Approving Applications

N.H. Code Admin. R. Ann. Env-Wq 2006.01 Phase 1: Evaluating Applications Before Selection Process Begins {#sec-env-wq-2006.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.01}

(a) The department shall review each project application to determine whether the application meets the minimum requirements specified in Env-Wq 2004.03 or Env-Wq 2004.05.

(b) If the application meets the minimum requirements, the department shall score the application as specified in Env-Wq 2006.02.

(c) If the application does not meet the minimum requirements, the department shall notify the applicant that the application has been rejected.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.02 Phase 2: Project Selection Process {#sec-env-wq-2006.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.02}

(a) Each application that meets the eligibility requirements shall be evaluated and scored based on the criteria contained in Env-Wq 2006.03 through Env-Wq 2006.11.

(b) Eligible activities as identified in Env-Wq 2004.03 or Env-Wq 2004.05 shall be evaluated on the basis of the likely impact of the proposed project as if it had been implemented.

(c) A minimum score of 26 points shall be required for the NHCP to recommend the project to OCRM for final approval.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.03 Scoring Based on Benefits to Focus Area {#sec-env-wq-2006.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.03}

(a) Each application shall be scored based on the anticipated benefit of the proposed project in one of the following NHCP project focus areas:

(1) Restoration of coastal habitats;

(2) Water quality and stormwater management;

(3) Land conservation;

(4) Climate change adaptation and coastal hazards; or

(5) Ocean and estuarine resources.

(b) The NHCP shall determine whether a project:

(1) Directly addresses one of the 5 focus areas set forth in (a), above, and, if so, whether the project directly qualifies as a high or medium priority project based on the criteria set forth in (c) and (d), below;

(2) Indirectly addresses one of the 5 focus areas set forth in (a), above; or

(3) Does not directly or indirectly address one of the 5 focus areas set forth in (a), above, but is otherwise eligible for funding pursuant to Env-Wq 2004.03 through 2004.08.

(c) The following types of projects that directly address one of the 5 focus areas shall qualify as high priority projects and receive 10 points:

(1) Restoration projects that:

a. Result in restoration of tidal and non-tidal coastal habitats, including, rivers, streams, and floodplains; or

b. Facilitate the control of invasive species;

(2) Water quality and stormwater management projects that:

a. Implement low impact development technologies and practices;

b. Create and promulgate water quality and stormwater ordinances; or

c. Monitor the effectiveness of water quality enhancement activities;

(3) Land conservation projects that:

a. Conserve coastal lands, including but not limited to buffers around tidal waters, tributary rivers, and tributary streams;

b. Protect floodplains;

c. Provide or increase public access to coastal resources; or

d. Conserve unique natural areas and habitats;

(4) Projects that promote climate change adaptation and mitigation of coastal hazards by:

a. Planning and modeling for sea level rise;

b. Implementing actions to protect coastal infrastructure and resources; or

c. Promulgating local regulations; or

(5) Projects that protect ocean and estuarine resources, including but not limited to:

a. Renewable energy siting research projects;

b. Dredged material management projects;

c. Development of offshore data sources such as bathymetry, benthic habitat and human uses; and

d. Projects that implement innovative or regional approaches to offshore issues.

(d) The following types of projects that directly address one of the 5 focus areas shall qualify as medium priority projects and receive 6 points:

(1) Feasibility studies, monitoring activities, and outreach associated with coastal habitat restoration;

(2) Research, ambient water quality monitoring, and outreach about the importance of good water quality;

(3) Land conservation outreach, planning, and stewardship;

(4) Research and outreach pertaining to climate change adaptation and coastal hazards; or

(5) Marine debris removal and prevention, and outreach on ocean and estuarine resources.

(e) A project that indirectly addresses one of the 5 focus areas shall receive 4 points.

(f) A project that does not directly or indirectly address one of the 5 focus areas but is otherwise eligible for funding pursuant to Env-Wq 2004.03 through Env-Wq 2004.08 shall receive 2 points.

History

• (See Revision Note at chapter heading for Env-Wq 2000) #8411, eff 8-19-05; ss by #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.04 Scoring Based on Completeness and Clarity {#sec-env-wq-2006.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.04}

Each application shall be scored on its completeness and clarity as follows:

(a) An application shall be scored on its executive summary as follows:

(1) An application that includes a clear and descriptive executive summary shall receive one point; and

(2) An application that fails to include a clear and descriptive executive summary shall receive no points;

(b) An application shall be scored on how well it describes the purpose, objectives, and need for the proposed project as follows:

(1) An application in which the purpose, objectives, and need for the proposed project are clearly presented and which demonstrates direct applicability to NHCP focus areas shall receive 4 points;

(2) An application in which the purpose, objectives, and need for the proposed project are not clearly described or which demonstrates indirect applicability to NHCP focus areas shall receive 2 points; and

(3) An application in which the purpose, objectives and need for the proposed project are not clearly presented or which demonstrates no applicability to NHCP focus areas shall receive no points;

(c) An application shall be scored on how well it describes project tasks as follows:

(1) An application in which project tasks are practicable and clearly described, and which identifies who will complete each portion of the proposed work, shall receive 2 points; and

(2) An application in which project tasks are not practicable, or clearly described, or which does not identify who will complete each portion of the proposed work, shall receive no points;

(d) An application shall be scored on its inclusion of a project schedule as follows:

(1) An application that includes a clear implementation plan with dates for completion of project milestones that are achievable within the allotted time period shall receive 2 points; and

(2) An application that does not include a clear implementation plan with dates for completion of project milestones that are achievable within the allotted time period shall receive no points;

(e) An application shall be scored on its inclusion of a budget and matching fund justification as follows:

(1) An application in which the budget and matching fund justification are complete and practicable based on the stated objectives, tasks, and time frame shall receive 3 points; and

(2) An application in which the budget and matching fund justification are not complete and practicable based on the stated objectives, tasks, and time frames shall receive no points;

(f) An application shall be scored on how well it describes anticipated project outcomes as follows:

(1) An application that describes specific, tangible results that are consistent with the project objectives shall receive 3 points; and

(2) An application that does not describe specific, tangible results that are consistent with the project objectives shall receive no points;

(g) An application shall be scored on how well it measures success as follows:

(1) An application that includes an assessment strategy that will effectively measure results and completion of the project objectives shall receive 2 points; and

(2) An application that does not include an assessment strategy that will effectively measure results and completion of the project objectives shall receive no points; and

(h) An application shall be scored on its inclusion of all submission requirements as follows:

(1) An application that includes all application submission requirements set forth in Env-Wq 2004.04 or Env-Wq 2004.06,as applicable, shall receive 2 points; and

(2) An application that does not include all application submission requirements set forth in Env-Wq 2004.04 or Env-Wq 2004.06, as applicable, shall receive no points.

History

• #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.05 Scoring Based on Consistency with Needs {#sec-env-wq-2006.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.05}

Each application shall be scored on the project’s consistency with the needs identified in federal, state, regional, or local plans or studies as follows:

(a) A project need that is specifically identified by one or more federal, state, regional, or local plans or studies shall receive 3 points;

(b) A project need that is generally supported in concept by 2 or more federal, state, regional, or local plans or studies shall receive 2 points;

(c) A project need that is generally supported in concept by one federal, state, regional, or local plan or study shall receive one point; and

(d) A project that has no documented need shall receive no points.

History

• #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.06 Scoring Based on Volunteer Involvement {#sec-env-wq-2006.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.06}

Each application shall be scored on the project’s inclusion of volunteer involvement as follows:

(a) A project in which volunteers will contribute more than 50 percent of the time and effort for the project shall receive 2 points;

(b) A project in which volunteers will contribute some but less than 50 percent of the time and effort for the project shall receive one point; and

(c) A project in which there is no volunteer involvement shall receive no points.

History

• #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.07 Scoring Based on Increase in Understanding {#sec-env-wq-2006.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.07}

Each application shall be scored on how the project will increase the understanding of coastal issues and lead to behavior change that will positively impact the coast as follows:

(a) A project in which the primary purpose is outreach and education, with clearly defined target audiences and strategies to reach those audiences, and that incorporates direct hands-on outreach and education, such as trainings, field events, and workshops, shall receive 3 points;

(b) A project with clearly defined target audiences and strategies to reach those audiences, that incorporates indirect outreach and education, such as brochures, Internet materials and web sites, mass media campaigns, and interpretive kiosks and/or signage, shall receive 2 points;

(c) A project that does not define target audiences and outreach strategies, but incorporates an indirect education and outreach component shall receive one point; and

(d) A project that does not incorporate an outreach and education component shall receive no points.

History

• #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.08 Scoring Based on Opportunities for Cooperation {#sec-env-wq-2006.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.08}

Each application shall be scored on whether the project will improve opportunities for multi-entity cooperation on coastal resource planning and management efforts as follows:

(a) A project that involves cooperation between 4 or more coastal stakeholders, where stakeholders are identified as any entity that is eligible to receive grant funding pursuant to Env-Wq 2003.04, shall receive 3 points;

(b) A project that involves cooperation between 2 or 3 coastal stakeholders shall receive 2 points; and

(c) A project that does not involve multi-entity cooperation shall receive no points.

History

• #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.09 Scoring Based on Receipt of Prior Grants and Past Performance {#sec-env-wq-2006.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.09}

(a) Each application shall be scored on whether the applicant is a new applicant to the NHCP as follows:

(1) A project proposed by an applicant that has not received NHCP grant funding in the 10 years immediately prior to the current grant round shall receive 4 points; and

(2) A project proposed by an applicant that has received NHCP grant funding in the 10 years immediately prior to the current grant round shall receive no points.

(b) For projects proposed by applicants who have received NHCP funding in the 10 years immediately prior to the current grant round, the application shall be scored on the previous performance of the applicant as follows:

(1) A project shall receive 4 points if all the following apply:

a. Work products were complete and finished on time;

b. Interim reports were clear and descriptive and submitted on time; and

c. Invoices were submitted on time and were error-free;

(2) A project shall receive 2 points if one of the following circumstances occurred:

a. Work products were complete but finished late;

b. Interim reports were not clear and descriptive or were submitted late; or

c. Invoices were submitted late or contained multiple errors;

(3) A project shall receive one point if 2 of the following circumstances occurred:

a. Work products were incomplete or finished late;

b. Interim reports were not clear and descriptive or were submitted late; or

c. Invoices were submitted late or contained multiple errors; and

(4) A project shall receive no points if all of the following circumstances occurred:

a. Work products were incomplete or finished late;

b. Interim reports were not clear and descriptive or were submitted late; and

c. Invoices were submitted late or contained multiple errors.

History

• #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.10 Scoring Based on Support for the Project {#sec-env-wq-2006.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.10}

Each application shall be scored on whether the project has documented support, as follows:

(a) To receive 3 points, a project shall be supported by 3 affected communities, groups, or organizations submitting a letter that:

(1) Specifically identifies the proposed project; and

(2) Is dated within one year prior to the grant application;

(b) To receive 2 points, a project shall be supported by 2 affected communities, groups, or organizations submitting a letter that:

(1) Specifically identifies the proposed project; and

(2) Is dated within one year prior to the grant application;

(c) To receive one point, a project shall be supported by one affected community, group, or organization submitting a letter that:

(1) Specifically identifies the proposed project; and

(2) Is dated within one year prior to the grant application; and

(d) A project that does not qualify for points under (1), (2), or (3), above, shall receive no points.

History

• #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.11 Scoring Based on Excess Match {#sec-env-wq-2006.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.11}

Each project shall be scored on its inclusion of matching funds or in-kind services in excess of the required match amount, as follows:

(a) A project for which the applicant will provide $50,000 or more in excess non-federal matching funds shall receive 6 points;

(b) A project for which the applicant will provide at least $40,000 but less than $50,000 in excess non-federal matching funds shall receive 5 points;

(c) A project for which the applicant will provide at least $30,000 but less than $40,000 in excess non-federal matching funds shall receive 4 points;

(d) A project for which the applicant will provide at least $20,000, but less than $30,000 in excess non-federal matching funds shall receive 3 points;

(e) A project for which the applicant will provide at least $10,000, but less than $20,000 in excess non-federal matching funds shall receive 2 points;

(f) A project for which the applicant will provide at least $5,000 but less than $10,000 in excess non-federal matching funds shall receive one point; and

(g) A project for which the applicant will provide less than $5,000 in excess non-federal matching funds shall receive no points.

History

• #9570, eff 10-17-09

N.H. Code Admin. R. Ann. Env-Wq 2006.12 Phase 3: Recommendation to OCRM {#sec-env-wq-2006.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2006.12}

(a) After all eligible projects have been scored, the department shall recommend those projects which best meet the selection criteria, as demonstrated by the total number of points, to OCRM for funding.

(b) In accordance with grant conditions of NOAA, OCRM shall have final approval authority for all projects.

Appendix

Rule Section(s)

State Statute(s) Implemented

Federal Statute(s)/Regulation(s) Implemented

Env-Wq 2000

(see also specific section below

RSA 4-C:1, II(i); RSA 21-O:3, IV

16 USC 1455; 15 CFR 24

Env-Wq 2001

RSA 4-C:1, II(i); RSA 21-O:3, IV

16 USC 1455; 15 CFR 24

Env-Wq 2002

RSA 4-C:1, II(i); RSA 21-O:3, IV

16 USC 1455; 15 CFR 24

Env-Wq 2003

RSA 4-C:1, II(i); RSA 21-O:3, IV

16 USC 1455; 15 CFR 24

Env-Wq 2004

(see also specific section below)

RSA 4-C:1, II(i); RSA 21-O:3, IV

16 USC 1455; 15 CFR 24

Env-Wq 2004.02

RSA 31:95-b

Env-Wq 2005

RSA 4-C:1, II(i); RSA 21-O:3, IV

16 USC 1455; 15 CFR 24

Env-Wq 2006

RSA 4-C:1, II(i); RSA 21-O:3, IV

16 USC 1455; 15 CFR 24

History

• #9570, eff 10-17-09 (from Env-Wq 2006.03)

Chapter Env-Wq 2100 Water Conservation; Use Registration and Reporting

Part Env-Wq 2101 Water Conservation

N.H. Code Admin. R. Ann. Env-Wq 2101.01 Purpose {#sec-env-wq-2101.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.01}

The purpose of these rules is to establish water conservation practices as required by RSA 485:61.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.01); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.02 Applicability {#sec-env-wq-2101.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.02}

(a) As specified in RSA 485:61, II, these rules shall apply to “all new permit applicants and applications for water withdrawals subject to the provisions of RSA 485:3, RSA 485:48, RSA 485-C:21, RSA 485-A:12, IV, and section 401 of the Clean Water Act.”

(b) Pursuant to Laws of 2002, 142:3, effective July 12, 2002, the “rules developed under RSA 485:61 shall apply to all new water withdrawal permit applications approved under RSA 485:61, II on or after the effective date of this act.”

(c) Subject to (d) and (e) below, the specific applicants and applications for water withdrawals covered by (a) above shall be as follows:

(1) Sources of groundwater for community water systems for which an application is filed pursuant to Env-Dw 302 or Env-Dw 305;

(2) Sources of groundwater for bottled and bulk water operations for which an application is filed pursuant to Env-Dw 303;

(3) Sources of groundwater where withdrawals exceed 57,600 gallons over any 24-hour period for which an application is filed pursuant to Env-Wq 403;

(4) Surface water sources associated with projects that require a water quality certification pursuant to Section 401 of the federal Clean Water Act for which an application is filed; and

(5) Surface water sources that require water quality certification pursuant to RSA 485-A:12, IV for which an application is filed.

(d) These rules shall not apply to applicants for a water withdrawal from a surface water source that will be used solely for non-consumptive water uses associated with hydroelectric energy production.

(e) Any source, transfer, or user of the type listed in (c) above that would not have been subject to Env-Wq 2101 as effective May 14, 2005 shall be subject to these rules as of the 2024 effective date of this part.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.02); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.03 Definitions {#sec-env-wq-2101.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.03}

(a) “Agricultural crop water user” means a water user that uses water for crop irrigation associated with farming.

(b) “Annually” means once each calendar year, but not sooner than 10 months after and not later than 12 months after the prior annual event.

(c) “Applicant” means the water user owner or the owner’s representative for which an application has been submitted.

(d) “Application” means the required information submitted to the department for approval of a source pursuant to Env-Dw 302, Env-Dw 303, Env-Dw 305, and Env-Wq 403, as applicable and as allowed by those rules, or the request of an approval or certification identified in Env-Wq 2101.02(c)(4) and Env-Wq 2101.02(c)(5).

(e) “Automatic irrigation system” means an interconnected network of pipes, pumps, valves, and emitters designed to provide water to growing plant material, that is operated by a remote control valve controlled by a mechanical or electronic clock programmed to operate at specified times.

(f) “Apparent losses” means water going into the distribution system and reaching an end user but not accurately measured or for which the water supplier is unable to bill. Apparent losses are caused by unauthorized consumption, service meter inaccuracies, data handling errors, or any combination thereof.

(g) “Bottled water” means water that is placed in a sealed container or otherwise packaged and offered for sale for human consumption or other consumer uses.

(h) “Bulk water” means water intended for potable uses that is transported in containers greater than 10 gallons for the purpose of treatment, packaging, or human consumption.

(i) “Community water system (CWS)” means “community water system” as defined in RSA 485:1-a, I, as reprinted in Appendix C.

(j) “Consecutive water system” means a public water system that buys or otherwise receives some or all of its finished water from one or more wholesale systems for at least 60 days per year.

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

(l) “Industrial, Commercial, Institutional (ICI) water user” means a water user that:

(1) Uses water for industrial, commercial, or institutional purposes; and

(2) Uses water for purposes other than agricultural crop irrigation.

(m) “Large community water system” means a community water system that serves more than 1,000 persons.

(n) “Large groundwater withdrawal” means “large groundwater withdrawal” as defined in RSA 485-C:2, IX-a, as reprinted in Appendix C.

(o) “Loam” means a loose friable topsoil that combines relatively equal parts of sand, clay, and silt and that is generally free from stones, lumps, stumps, roots, weeds, or similar objects larger than 2 inches.

(p) “Monthly” means once every calendar month, but not sooner than 27 days after and not later than 33 days after the date in the prior month on which the event in question occurred.

(q) “Non-revenue water” means water going into the distribution system that produces no revenue, equal to unbilled authorized consumption plus apparent losses plus real losses.

(r) “Operator” means “operator” as defined in RSA 485:1-a, XII, as reprinted in Appendix C.

(s) “Owner” means the person who has legal authority to control the facility, system, or source to which the specified requirement applies.

(t) “Person” means “person” as defined in RSA 485:1-a, XIII, as reprinted in Appendix C.

(u) “Public water system” means “public water system” as defined in RSA 485:1-a, XV, as reprinted in Appendix C.

(v) “Privately owned redistribution system (PORS)” means “privately owned redistribution system” as defined in RSA 485:1-a, XIV-a, as reprinted in Appendix C.

(w) “Quarterly” means once in each 3-month period but not sooner than 83 days after and not later than 97 days after the date in the prior quarter on which the event in question occurred.

(x) “Real losses” means water that is physically lost from a water supplier’s water storage and distribution system due to overflow from storage tanks, leaking water lines between the source meter(s) and service meters where service meters are in place, leaking water lines anywhere after the source meter(s) where service meters are not in place, and all other types of leaks or breaks in the distribution system.

(y) “Service connection” means the point of connection between the customer’s service pipe and the water system’s water line.

(z) “Small community water system” means a community water system that is not a large community water system.

(aa) “Source activation date” means the date the source which was applied for is placed into use.

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

(ac) “Technical service provider (TSP)” means a person that is currently certified by the united states department of agriculture (USDA) natural resources conservation service (NRCS) to provide technical assistance to agricultural producers based on NRCS standards and specifications.

(ad) “Unauthorized consumption” means any intentional use of water from the distribution system that is not authorized by the water supplier.

(ae) “Unbilled authorized consumption” means any consumption authorized by the water supplier for which the water supplier does not bill, whether metered or unmetered.

(af) “Water conservation” means “water conservation” as defined in RSA 485:1-a, XIX, as reprinted in Appendix C.

(ag) “Water losses” means the sum of apparent losses and real losses.

(ah) “Water user” means the facility served by the source for which an application has been submitted.

(ai) “Wholesale system” means a public water system or ICI water user that treats source water and then sells or otherwise delivers finished water to a consecutive water system or privately owned redistribution system.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.03); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.04 Owner Liability {#sec-env-wq-2101.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.04}

The owner may delegate the responsibilities imposed by this part to an operator, but any such delegation shall not relieve the owner from liability for non-compliance with the requirements in this part.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.04); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.05 Water Conservation Requirements {#sec-env-wq-2101.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.05}

(a) The owner shall submit a water conservation plan to the department that describes applicable water conservation requirements and how those requirements will be implemented.

(b) The owner shall implement water conservation requirements as specified below:

(1) For all large community water systems, water conservation practices as specified in Env-Wq 2101.06 through Env-Wq 2101.14;

(2) For all small community water systems, water conservation practices as specified in Env-Wq 2101.06 through Env-Wq 2101.10 and as specified in one of the following:

a. Metering, leak detection, water audits, water loss control, and billing as specified in Env-Wq 2101.11 through Env-Wq 2101.14;

b. Leak detection survey as specified in Env-Wq 2101.15; or

c. Night flow analysis as specified in Env-Wq 2101.16;

(3) For agricultural crop water users, water conservation practices related to irrigation management as specified in Env-Wq 2101.17; and

(4) For ICI water users, water conservation practices as specified in Env-Wq 2101.18 through Env-Wq 2101.23.

(c) The owner shall comply with the requirements established in Env-Wq 2101.24 through Env-Wq 2101.27.

(d) To the extent that multiple sets of requirements apply, the owner shall comply with all requirements, provided that if the requirements overlap, the more stringent requirement(s) shall apply.

(e) Activities undertaken pursuant to (b)(1) and (2) above shall be completed under the supervision of a water system operator who is certified pursuant to RSA 332-E and Env-Dw 502.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.05); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.06 Community Water System Implementation Deadlines {#sec-env-wq-2101.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.06}

The owner shall comply with the following implementation deadlines for applicable water conservation requirements specified in Env-Wq 2101.05(b)(1) and (2):

(a) For all new community water systems:

(1) Source, distribution, and transfer meters shall be installed no later than the source activation date;

(2) Service meters shall be installed no later than activation of service to that customer or connection; and

(3) All other requirements shall be implemented no later than the source activation date; and

(b) For all existing community water systems:

(1) Source, distribution, and transfer meters shall be installed no later than the source activation date;

(2) Service meters shall be installed within 3 years of department approval of the source application;

(3) Rate structures and billing practices shall be implemented within 5 years of department approval of the source application; and

(4) All other requirements shall be implemented within one year of department approval of the source application.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.06); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.07 Source Meters {#sec-env-wq-2101.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.07}

The owner shall:

(a) Install a water meter on each source of water prior to treatment and storage, including on any sources of water used for non-domestic purposes such as but not limited to irrigation;

(b) Select, size, install, test, and maintain the water meters required by (a) above in accordance with:

(1) The specifications of the manufacturer; and

(2) The procedures and protocols described in “Manual of Water Supply Practices, Water Meters - Selection, Installation, Testing, and Maintenance,” document identification number AWWA M6, American Water Works Association, 2012, available as noted in Appendix B;

(c) Read the water meter required by (a) above at least monthly;

(d) Register and report the volume of water withdrawn from the source based on the water meter readings to the department in accordance with Env-Wq 2102;

(e) Maintain a log of meter information, including the meter make, meter model, meter size, date of meter installation or meter age, dates of meter testing, meter test results, and dates of meter calibration; and

(f) Submit the records of the meter testing as required by (b) above to the department with the report specified in Env-Wq 2101.27.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.07); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.08 Pressure Management {#sec-env-wq-2101.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.08}

(a) The owner shall implement pressure reduction.

(b) The owner shall address causes of pressure transients and water hammer.

(c) The pressure management measures specified in (a) and (b) above shall be implemented as applicable and when:

(1) Technically feasible;

(2) Consistent with water system industry standards and regulations; and

(3) Consistent with other public health and safety considerations.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.08); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.09 Educational Outreach Program {#sec-env-wq-2101.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.09}

The owner shall:

(a) Implement an on-going educational outreach initiative for its customers to promote water conservation; and

(b) Submit the records of the water conservation outreach activities as specified in (a) above to the department with the report specified in Env-Wq 2101.27.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.09); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24 (formerly Env-Wq 2101.12)

N.H. Code Admin. R. Ann. Env-Wq 2101.10 Leak Repair and Tracking {#sec-env-wq-2101.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.10}

The owner shall:

(a) Repair all leaks within 60 days of discovery or propose an alternative timeframe to the department in writing within 30 days of discovery;

(b) Maintain a leak log with information about each discovered leak, including but not limited to the estimated flow rate, type of leak, location of the leak, pipe material, date of leak isolation, and date of leak repair;

(c) Submit the leak log as specified in (b) above to the department with the report specified in Env-Wq 2101.27; and

(d) Use one of the following pipe identification and location methods for any new non-metallic pipe installed in the water system’s distribution system:

(1) Detectable tracer tape;

(2) Detectable tracer wire; or

(3) GPS locations of pipe for which the data is maintained in a geographic information system dataset.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.10); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.11 Service Meters, Distribution Meters, and Transfer Meters {#sec-env-wq-2101.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.11}

The owner shall:

(a) Install water meters for each of the following:

(1) All service connections, including all public sector service connections;

(2) Transfers to consecutive water systems or PORSs; and

(3) If a water source undergoes a treatment process that consumes water:

a. Each point of entry into the distribution system, including points of entry for non-domestic purposes, such as but not limited to irrigation; or

b. All points of discharge to other than the distribution system, including but not limited to backflush, treatment process water, and continuous analyzers;

(b) Select, size, install, test, and maintain the water meters required by (a) above in accordance with:

(1) The specifications of the manufacturer; and

(2) The procedures and protocols described in “Manual of Water Supply Practices, Water Meters – Selection, Installation, Testing, and Maintenance,” document identification number AWWA M6, American Water Works Association, 2012, available as noted in Appendix B;

(c) Maintain a log of meter information, including the meter make, meter model, meter size, date of meter installation or meter age, dates of meter testing, meter test results, and dates of meter calibration;

(d) Submit the records of the meter testing and maintenance as required by (b) above for the meters specified in (a) above to the department with the report specified in Env-Wq 2101.27;

(e) Read the water meters required by (a)(1) above at least quarterly; and

(f) Read the water meters required by (a)(2) and (3) above at least monthly.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.11); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.12 Leak Detection Program {#sec-env-wq-2101.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.12}

The owner shall implement a leak detection program in accordance with “Manual of Water Supply Practices, Water Audits and Loss Control Programs”, document identification number AWWA M36, American Water Works Association, 2016 (2016 AWWA M36 Manual), available as noted in Appendix B.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.12); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.13 Water Audit and Water Loss Action Plan {#sec-env-wq-2101.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.13}

(a) The owner shall complete a water audit for each calendar year using the most current version of the AWWA Free Water Audit Software and in accordance with “Manual of Water Supply Practices, Water Audits and Loss Control Programs”, document identification number AWWA M36, American Water Works Association, 2016 (2016 AWWA M36 Manual), available as noted in Appendix B.

(b) The owner shall prepare a water loss action plan that shall include but not be limited to the following:

(1) An assessment of the results from the most recently completed water audit specified in (a) above;

(2) A list of actions that will be taken to improve the data quality and the data validity score from the most recently completed water audit specified in (a) above;

(3) A list of actions that will be taken to reduce or maintain apparent losses, real losses, and non-revenue water as indicated by the key performance indicators from the most recently completed water audit specified in (a) above;

(4) A schedule that demonstrates the actions specified in (2) and (3) above will be implemented within 3 years; and

(5) A summary of the actions taken over the prior 3 years to improve the water audit data quality, improve the data validity score, reduce or maintain water losses, and reduce or maintain non-revenue water.

(c) The owner shall submit the water audit required by (a) above to the department no later than April 1 following the year to which the water audit pertains.

(d) The owner shall submit the water loss action plan required by (b) above to the department every 3 years by April 1, starting in the year 2026.

(e) The department shall approve the water loss action plan within 90 days if the department determines that:

(1) The plan is complete and adequate; and

(2) The actions identified in the plan are likely to reduce or maintain water losses and non-revenue water within the schedule specified in (b)(4) above.

(f) The owner shall implement the water loss action plan upon receiving approval from the department.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.13); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.14 Rate Structure and Billing Practices to Promote Water Conservation {#sec-env-wq-2101.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.14}

(a) The owner shall implement a rate structure and billing practices that promote water conservation, as specified in this section.

(b) The rate structure shall be based in whole or in part on:

(1) A unit price of water; and

(2) The amount of water used by each connection to the system.

(c) The unit price of water for residential connections shall:

(1) Remain the same for any volume of water consumed; or

(2) Increase with the volume of water consumed.

(d) If service meters are read at least quarterly, the owner shall bill customers not less than quarterly.

(e) Water bills shall state the total volume of water consumed in gallons for the billing period.

History

• #8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.14); ss by #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.15 Leak Detection Survey {#sec-env-wq-2101.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.15}

The owner shall:

(a) Complete a comprehensive leak detection survey of the entire distribution system every 2 years in accordance with “Manual of Water Supply Practices, Water Audits and Loss Control Programs”, document identification number AWWA M36, American Water Works Association, 2016 (2016 AWWA M36 Manual), available as noted in Appendix B;

(b) Address all leaks as specified in Env-Wq 2101.10; and

(c) Submit the leak detection survey report from the previous calendar year or the schedule for the leak detection survey for the next year to the department by April 1 of each year.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.16 Night Flow Analysis {#sec-env-wq-2101.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.16}

The owner shall:

(a) Conduct the night flow analysis not less than twice in each 12-month period as follows:

(1) Install a water meter capable of reading flows less than 2 gallons per minute at each point of entry into the distribution system;

(2) Conduct the analysis during a period of anticipated low water demand;

(3) Record the readings for the meter required by (a)(1) above at an interval of not less than 1 minute and not more than 5 minutes for at least one continuous hour;

(4) Calculate the volume of water distributed per minute; and

(5) Analyze the data to identify potential leaks;

(b) Address all leaks as specified in Env-Wq 2101.10; and

(c) Submit the data from the night flow analyses from the previous calendar year and the actions taken or to be taken to address suspected leaks or other abnormal trends in the data to the department by April 1 of each year.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.17 Requirements for Agricultural Crop Water Users {#sec-env-wq-2101.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.17}

(a) The owner shall submit to the department a water conservation plan that incorporates the irrigation conservation practices in accordance with the “Natural Resources Conservation Service, Conservation Practice Standard, Irrigation Water Management, Code 449,” USDA, May 2022, available as noted in Appendix B.

(b) The development and design of the water conservation plan shall be executed by an individual having experience developing irrigation water management plans for agricultural farms and is either:

(1) An employee of NRCS who holds the appropriate Engineering Job Approval Authority (EJJA) for the USDA Conservation Practice Standard 449;

(2) An employee of NRCS who does not hold the appropriate EJJA as long as the plan is technically reviewed and approved by an NRCS employee who does hold the appropriate EJJA;

(3) A P.E. certified with the Irrigation Association as an Agricultural Irrigation Specialist; or

(4) A Technical Service Provider certified to provide technical assistance per the USDA Conservation Practice Standard 449.

(c) The owner shall implement the practices described in the water conservation plan no later than 3 years from department approval of the source application.

(d) The owner shall register and report water use to the department in accordance with Env-Wq 2102.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.18 Measuring and Reporting Water Use for ICI Water Users {#sec-env-wq-2101.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.18}

The owner shall:

(a) Register and report water use to the department in accordance with Env-Wq 2102; and

(b) Install and maintain water meters as described below no later than the source activation date:

(1) A water meter shall be installed for each water source; and

(2) All water meters shall be selected, sized, installed, tested, and maintained in accordance with:

a. The specifications of the manufacturer; and

b. The procedures and protocols described in “Manual of Water Supply Practices, Water Meters – Selection, Installation, Testing, and Maintenance,” document identification number AWWA M6, American Water Works Association, 2012, available as noted in Appendix B.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.19 Assessing ICI Water Use {#sec-env-wq-2101.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.19}

The owner shall:

(a) Identify the source(s) and amount of water used for existing and anticipated future uses of water associated with the ICI water user, including but not limited to the following:

(1) Heating;

(2) Cooling;

(3) Processing;

(4) Product ingredient;

(5) Sanitary use; and

(6) Outdoor water use; and

(b) Identify all existing and proposed water-using equipment associated with the water uses in (a) above, including but not limited to the following:

(1) Mechanical systems;

(2) Single-pass cooling equipment;

(3) Laboratory and medical equipment;

(4) Sanitary fixtures and equipment;

(5) Laundry equipment;

(6) Commercial kitchen equipment;

(7) Irrigation systems; and

(8) Vehicle washing.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.20 Single-Pass Cooling Systems for ICI Water Users {#sec-env-wq-2101.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.20}

(a) Single-pass cooling systems shall not be installed.

(b) If water is used in an existing single-pass cooling system, the owner shall replace or retrofit the process by using one or more of the following methods to achieve maximum water conservation within 5 years of the source activation date:

(1) Recirculating cooling techniques to replace some or all of the single-pass water cooling system;

(2) The use of sensors and automatic shut-off devices to reduce water used for cooling processes;

(3) Implementation of water treatment processes that consume less water than the process(es) being used;

(4) Air cooling techniques to replace some or all of the single-pass water cooling system; or

(5) Alternative technology that reduces water consumption by at least the amount that would be reduced by implementing one or more processes described in (1) through (4) above.

(c) If the ICI water user has any process that results in the discharge or disposal of unused water, the owner shall identify each process where:

(1) Water is used to control temperature; and

(2) Unused water could be discharged or otherwise disposed of through an overflow or other outlet.

(d) The owner shall modify each process identified pursuant to (c) above within 5 years of the source activation date by installing:

(1) Automatic shut-off devices to prevent the discharge of water to waste; and

(2) Sensors that optimize the use of water.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.21 Lawn Irrigation by ICI Water Users {#sec-env-wq-2101.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.21}

(a) Subject to (c) below, the owner shall prepare any new lawn areas and existing lawn areas that will be replanted with at least 6 inches of loam.

(b) Any ICI water user that is or will be using water to irrigate lawns shall:

(1) Equip all automatic irrigation system devices with technology that will prevent the devices from operating during rain events or otherwise when the lawn does not need to be watered;

(2) Audit all automatic irrigation systems not less frequently than once every 3 years to ensure the technology required by (1) above and other infrastructure in the automatic irrigation system network are functioning properly;

(3) Address any infrastructure that is not functioning properly as determined by the results of the audit specified in (2) above; and

(4) Seed all new or replacement lawns with a water-efficient seed mix.

(c) The requirements of (a) above shall not apply to lawns associated with golf courses.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24 (formerly Env-Wq 2101.22)

N.H. Code Admin. R. Ann. Env-Wq 2101.22 ICI Water Use Best Management Practices {#sec-env-wq-2101.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.22}

(a) The owner shall develop and submit to the department a water conservation plan that includes the following:

(1) An assessment of water uses as described in Env-Wq 2101.19;

(2) A description of the applicable water conservation best management practices described in Env-Wq 2101.20 and Env-Wq 2101.21 and details about how the practices will be applied;

(3) A description of all other water conservation best management practices or best available technologies that are applicable and details about how the practices will be applied; and

(4) A schedule that demonstrates the best management practices and actions identified in the water conservation plan will be implemented within 5 years.

(b) Best management practices as required per (a)(2) through (3) above shall be in accordance with but not limited to the best management practices referenced below:

(1) “Best Management Practices for New Hampshire Golf Courses,” New Hampshire Golf Course Superintendents Association and FB Environmental Associates, December 2020, available as noted in Appendix B;

(2) “Water Efficiency Management Guide: Mechanical Systems,” document identification number EPA 832-F-17-016c, U.S. Environmental Protection Agency, November 2017, available as noted in Appendix B; and

(3) “WaterSense at Work: Best Management Practices for Commercial and Institutional Facilities,” document identification number EPA 832-F-12-034, U.S. Environmental Protection Agency, October 2012, available as noted in Appendix B.

(c) The owner shall implement the best management practices and actions identified in the water conservation plan no later than 5 years from obtaining water conservation plan approval from the department pursuant to Env-Wq 2101.26.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.23 Waiver from ICI Water User Requirement(s) Based on Economic Analysis {#sec-env-wq-2101.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.23}

(a) An owner who wishes to obtain a waiver from complying with a measure described in Env-Wq 2101.20, Env-Wq 2101.21, and Env-Wq 2101.22(a)(3) shall submit to the department an economic analysis prepared by a person employed or contracted by the owner who has training and experience in preparing economic analyses which includes supporting documentation of the payback period for the measure.

(b) The economic analysis prepared to support a waiver request under (a) above shall determine the true cost of the water use, based on the following factors:

(1) The cost of energy to pump and distribute water;

(2) The cost of treating the water if treatment is necessary prior to being used or disposed of by the ICI water user;

(3) The cost of disposing of wastewater;

(4) The capital costs associated with developing additional sources of water;

(5) All other costs or fees associated with obtaining or disposing of the water;

(6) The capital costs associated with retrofitting existing process equipment or purchasing new process equipment;

(7) All other costs or fees associated with retrofitting existing process equipment or purchasing new process equipment; and

(8) Whether the ICI water user anticipates any change in circumstances that could act to lower the overall cost of implementing the measure, including but not limited to whether the ICI water user is contemplating moving to a different facility and whether other sources of water may become available.

(c) The department shall grant a waiver if the department agrees that the economic analysis submitted to support the request:

(1) Is complete and accurate; and

(2) Demonstrates that the payback period for the measure outweighs any benefit to be obtained from complying with the measure.

(d) The department shall include in the waiver any condition(s) necessary to ensure efficient water use.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24 (formerly Env-Wq 2101.21)

N.H. Code Admin. R. Ann. Env-Wq 2101.24 General Waiver Requirements {#sec-env-wq-2101.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.24}

(a) The purpose of this section is to accommodate situations where strict compliance with all rules in this part may not be the best outcome in light of the particular circumstances of the situation.

(b) This section shall not apply to the requirements in Env-Wq 2101.20, Env-Wq 2101.21, and Env-Wq 2101.22(a)(3), for which waiver requests shall be filed as specified in Env-Wq 2101.23.

(c) Subject to the limitation in (b) above, any owner who wishes to request a waiver of one or more specific requirements of this part shall do so as specified in this section.

(d) To request a waiver, the owner shall submit a written request to the department that includes the following information:

(1) The name, mailing address, and location of the water user to which the waiver request relates;

(2) The name, daytime telephone number, and e-mail address of the individual who is knowledgeable about the request and who can answer questions on behalf of the owner;

(3) A description of the water user to which the waiver request relates, including the population served by the water system, if applicable;

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

(5) A full explanation of why a waiver is necessary, including an explanation of and supporting documentation of the economic and operational consequences of complying with the rule as written;

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

(7) A discussion of the length of time the waiver will be needed; and

(8) A full explanation of how the proposed alternative(s), if any, meets the criteria specified in (f) below.

(e) The department shall issue a written response to a request for a waiver within 45 days of receipt of the request. If the department denies the request, the reason(s) for the denial shall be clearly stated in the written response.

(f) The department shall grant a waiver if the submitted request demonstrates that:

(1) The requirement for which a waiver is requested is not a statutory requirement;

(2) The health and safety of the population served by the water user will not be compromised if the waiver is granted;

(3) The operational and economic consequences of complying with the rule as written outweigh any benefit to be obtained from complying with the rule as written; and

(4) Granting a waiver will not contravene the intent of RSA 485:61 or these rules.

(g) The department shall include in the waiver any conditions necessary to ensure that the criteria specified in (f) above are met.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.25 Water Conservation Plan Requirements for Submittal {#sec-env-wq-2101.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.25}

(a) The owner shall submit a water conservation plan to the department in accordance with the following:

(1) For an application for a source of groundwater for a small community water system, the water conservation plan shall be submitted prior to or in conjunction with the preliminary report required by Env-Dw 305.05;

(2) For an application for a source of groundwater for a large community water system, the water conservation plan shall be submitted prior to or in conjunction with the preliminary report required by Env-Dw 302.05;

(3) For an application for a large groundwater withdrawal, the water conservation plan shall be submitted prior to or in conjunction with the preliminary application required by Env-Wq 403.05;

(4) For an application for a bottled water source, the water conservation plan shall be submitted prior to or in conjunction with the application required by Env-Dw 303.05;

(5) For an application for a withdrawal from a surface water associated with a project requiring a 401 Water Quality Certification, the water conservation plan shall be submitted prior to or in conjunction with the application for a 401 Water Quality Certification pursuant to Section 401 of the federal Clean Water Act; and

(6) For an application for a withdrawal from a surface water that requires water quality certification pursuant to RSA 485-A:12, IV, the water conservation plan shall be submitted prior to or in conjunction with the certification request.

(b) The water conservation plan shall be signed by the owner, certifying that the owner has read the water conservation plan, understands the responsibilities as referenced in the plan, and that all information provided is complete, accurate, and not misleading.

(c) If an application is filed pursuant to (a) above for an existing community water system that currently bills for water service based on metered consumption, the water conservation plan shall include a water audit prepared using the most current version of the AWWA Free Water Audit Software and in accordance with the protocols and procedures described in the 2016 AWWA M36 Manual, available as described in Appendix B, for the most recent calendar year.

(d) The department shall contact the owner within 30 days of receiving the water conservation plan in order to:

(1) Review the water conservation plan with the owner; and

(2) Assess the accuracy and adequacy of the water conservation plan.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.26 Water Conservation Plan Approval {#sec-env-wq-2101.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.26}

(a) The department shall issue a written decision on the water conservation plan within 45 days of receipt of the plan.

(b) The department shall approve the water conservation plan if the department determines that:

(1) The water conservation plan is complete and correct; and

(2) The water conservation plan demonstrates that the applicable water conservation measures required by Env-Wq 2101.05 through Env-Wq 2101.22 are being or will be implemented in accordance with the specified timeframes.

(c) The department shall include in its approval such conditions as are required to ensure the water conservation plan is implemented as required.

(d) The department shall not approve the water conservation plan if the criteria specified in (b) above are not met.

(e) If the department does not approve the water conservation plan, the department shall specify the reason(s) in the notice sent pursuant to (a) above.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

N.H. Code Admin. R. Ann. Env-Wq 2101.27 On-Going Compliance Reports {#sec-env-wq-2101.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2101.27}

(a) The owner shall provide the following information on the Ongoing Compliance Reporting Form supplied by the department to demonstrate on-going compliance with the water conservation plan:

(1) The owner’s name, mailing address, daytime telephone number, and e-mail address;

(2) The name, mailing address, daytime telephone number, and e-mail address of the individual responsible for maintaining compliance with Env-Wq 2101 on behalf of the owner, if applicable; and

(3) Details and documentation of how compliance with each of the applicable requirements of these rules as summarized in the water conservation plan is being achieved.

(b) The owner shall sign and date the on-going compliance report. Such signature shall constitute certification that:

(1) The owner has personally examined and is familiar with the information submitted in or with the on-going compliance report;

(2) Based on the owner’s inquiry of those individuals immediately responsible for obtaining the information provided on or with the on-going compliance report, the owner believes that the submitted information is true, accurate and complete; and

(3) The owner understands that they are subject to the penalties specified in RSA 641:3 for making unsworn false statements.

(c) If the owner is not in compliance with one or more requirement(s), the on-going compliance report shall identify the non-compliance and include an explanation of how the non-compliance has been, is being, or will be addressed.

(d) The on-going compliance report shall be submitted to the department every 3 years by April 1, starting in the year 2026.

History

• #10480-A, eff 12-3-13; ss by #14004, eff 6-22-24

Part Env-Wq 2102 Water Use Registration and Reporting

N.H. Code Admin. R. Ann. Env-Wq 2102.01 Purpose {#sec-env-wq-2102.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.01}

The purpose of these rules is to implement RSA 488 by establishing requirements relative to documenting the identity and location of water uses and collecting accurate water use data to support management of the state’s water resources.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17

N.H. Code Admin. R. Ann. Env-Wq 2102.02 Applicability {#sec-env-wq-2102.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.02}

(a) The rules in this part shall apply to any person required to register a water use under RSA 488:3, I, namely any person whose cumulative incoming water or cumulative outgoing water exceeds an average of 20,000 gallons of water per day in any 7-day period, or exceeds a total volume of 600,000 gallons in any 30-day period.

(b) Except as provided in (c), below, this chapter shall apply to any of the following water uses that meets or exceeds the criteria specified in (a), above:

(1) Domestic, commercial, industrial, or institutional supply;

(2) Treated or untreated municipal or industrial wastewater discharge;

(3) Industrial make-up and processing;

(4) Contact and non-contact cooling;

(5) Agriculture, including livestock and crops;

(6) Irrigation other than for agriculture and discharge of return flows;

(7) The production of mechanical or electrical power;

(8) The containerized transport of water in bulk quantities;

(9) Withdrawals and discharges associated with site remediation activities; and

(10) Any other use that equals or exceeds the water volumes identified in (a), above.

(c) Pursuant to RSA 488:11, these rules shall not apply to a discrete withdrawal arising from an emergency event, such as fire suppression.

(d) The following uses shall not be included in determining cumulative water use under (a), above:

(1) Use of recycled water stored in holding ponds that are not connected to surface waters nor constructed below the water table at facilities that process aggregate materials; and

(2) Withdrawals and discharges for the purpose of dewatering quarries or other excavations following discrete events of stormwater inflow.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17

N.H. Code Admin. R. Ann. Env-Wq 2102.03 Statutory Definitions {#sec-env-wq-2102.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.03}

When used in these rules, the terms listed in table 2102-1, below, shall have the meaning assigned by the statute identified, as reprinted in Appendix C:

Table 2102-1: Statutory Definitions

Term

Statute

Discharge

RSA 488:2, III

Groundwater

RSA 488:2, IV

Person

RSA 488:2, V

Public water supplier

RSA 485:1-a, XVI (“Supplier of water”)

Surface water

RSA 488:2, VI

Transfer

RSA 488:2, VII

Withdrawal

RSA 488:2, VIII

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17

N.H. Code Admin. R. Ann. Env-Wq 2102.04 Part-Specific Definitions {#sec-env-wq-2102.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.04}

(a) “Agriculture water user” means an entity that uses water for operations at a farm as defined in RSA 21:34-a. public water supplier

(b) “Boiler blowdown” means water that is discharged periodically from a boiler to control the concentrations of suspended and total dissolved solids in the boiler and to remove sludge from the bottom of the boiler.

(c) “Boiler makeup” means water added periodically to a heating or power generating system to replace water lost through evaporation, blowdown, or leakage.

(d) “Contact cooling water” means water used to reduce temperature that comes into direct contact with a raw material, intermediate product, waste product other than heat, or finished product and thus becomes classified as process wastewater.

(e) “Contact person” means an individual who has been designated by the water user to be the main point of contact for the department relative to a registration under RSA 488.

(f) “Destination” means:

(1) A location to which water is discharged;

(2) A facility to which water is transferred;

(3) Any water-containing product created by a water user; or

(4) Evaporative losses occurring as a result of water use.

(g) “Drainback” means water withdrawn for snowmaking that is not converted to snow but remains within the distribution system until being discharged directly back to the original source at or near the point of withdrawal.

(h) “Electronic reporting system” means a computer database with a user interface that has been designed and intended to be used for submitting reports electronically to the department.

(i) “Facility” means a fixed facility as defined in (j), below, or a mobile facility as defined in (n) below, or any combination thereof, depending on context.

(j) “Fixed facility” means an identifiable geographic location where water is withdrawn, treated, discharged, or otherwise used, whether at a single point or a number of individual points, at a single parcel of real property or place of business. For agricultural users, the term includes farms.

(k) “Incoming water” means water received at a facility through withdrawal and transfers in to the facility.

(l) “Intermittent water use” means a water use by a mobile facility for time-limited but recurring activities, including but not limited to construction or repair of roads, dust suppression, hydroseeding, and filling pools.

(m) “Limited water use” means a one-time incoming water or outgoing water that exceeds 140,000 gallons in any 7-day period and occurs:

(1) Not more than 2 times in a rolling 12-month period; and

(2) Not more than 4 times every 3 calendar years.

(n) “Mobile facility” means a tanker truck or other container that is used to transport water from one location to another.

(o) “Non-contact cooling water” means water used to reduce temperature that does not come into contact with a raw material, intermediate product, waste product other than heat, or finished product.

(p) “Outgoing water” means water leaving a facility through discharge and transfers out of the facility.

(q) “Reclaimed wastewater” means wastewater treatment plant effluent that has been diverted for beneficial use instead of being directly discharged to surface water or groundwater.

(r) “Recycled water” means that volume of water that is re-circulated at a fixed facility as part of one or more water-using processes.

(s) “Snowmaking water user” means a person that uses water to make snow for recreational purposes, including but not limited to downhill or cross-country ski trails or slopes, freestyle terrain, tubing terrain, ski jumps, and trails for snowmobiles or other off-highway recreational vehicles.

(t) “Source” means either a groundwater or surface water supply subject to a withdrawal by a water user, or a facility from which water is transferred to a water user.

(u) “Water user” means the owner of a facility where an average of more than 20,000 gallons of water per day is used in any 7-day period or 600,000 gallons is used in any 30-day period.

(v) “Well” means any conveyance used to capture or withdraw groundwater.

(w) “Wellfield” means a combination of 2 or more wells that supply water from the same aquifer where the horizontal distance between any wellhead and at least one other wellhead does not exceed 100 feet.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17

N.H. Code Admin. R. Ann. Env-Wq 2102.05 Summary of Requirements {#sec-env-wq-2102.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.05}

(a) Each water user who is subject to this part shall register the use as summarized in table 2102-2, below:

Table 2102-2: Type of Registration Required Based On Type of Use

Type of Use

Registration Form Required

Applicable Rule

When Due

Agricultural

Water Use Registration

Env-Wq 2102.25 & Env-Wq 2102.26

Within 30 days of first commencing the use

Intermittent

Intermittent Water Use Registration

Env-Wq 2102.32

Within 30 days of the first use of each calendar year

Limited

Limited Water Use Registration and Report

Env-Wq 2102.07

Within 30 days of the use

All others

Water Use Registration

Env-Wq 2102.08

Within 30 days of first commencing the use

(b) A facility that has several points of incoming water or outgoing water at a single real property or place of business that share one or more common sources or destinations, or both, shall be considered one water use.

(c) Each facility shall be registered as one water use even if it has common ownership with another facility that is required to be registered.

(d) The water user shall measure or quantify water use:

(1) Pursuant to Env-Wq 2102.27, if an agriculture water user;

(2) Pursuant to Env-Wq 2102.32, if the facility is a mobile facility that qualifies for an intermittent registration under Env-Wq 2102.32(a)(1); or

(3) Pursuant to Env-Wq 2102.10 through Env-Wq 2102.15, if not covered by (1) or (2), above.

(e) The water user shall keep records and report water use:

(1) Pursuant to Env-Wq 2102.28 through Env-Wq 2102.31, if an agriculture water user;

(2) Pursuant to Env-Wq 2102.32, if the facility is a mobile facility that qualifies for an intermittent registration under Env-Wq 2102.32(a)(1); or

(3) Pursuant to Env-Wq 2102.16 through Env-Wq 2102.19, if not covered by (1) or (2), above.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17

N.H. Code Admin. R. Ann. Env-Wq 2102.06 Required Signatures and Certifications {#sec-env-wq-2102.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.06}

(a) Any person required to register a water use by submitting a completed registration form shall sign and date the form as specified in (c), below.

(b) If the water user is not the property owner, the property owner also shall sign and date the registration form as specified in (c), below.

(c) The water user and property owner, if other than the water user, shall sign as follows:

(1) If the water user or property owner is an individual, the individual shall sign and date the form; and

(2) If the water user or property owner is an entity, the entity shall authorize an individual to sign and date the form and the authorized individual shall do so.

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

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

(2) The signer understands that:

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

1. Denying the registration;

2. Revoking any registration that was granted based on the information; and

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

b. He or she is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641; and

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

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17

N.H. Code Admin. R. Ann. Env-Wq 2102.07 Registration for Limited Water Uses {#sec-env-wq-2102.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.07}

(a) Subject to (c) through (e), below, a water user whose water use is a limited water use shall register and report the use within 30 days of the use by submitting a completed Limited Water Uses Registration and Report form to the department.

(b) The water user shall provide the following information:

(1) The name, mailing address, and telephone number of the water user and of the property owner, if other than the water user;

(2) The location of the use, by street address and municipality;

(3) If the water user is an entity, the name, title, mailing address, and daytime telephone number of a contact person and authorized signer and, if available, an e-mail address for the contact person;

(4) The purpose of the water use, such as filling swimming pools, test pumping water wells, pressure testing pipes or tanks, or materials cleanup in the case of spills;

(5) The source of the incoming water, by name of the public water supplier or surface water body, as applicable, and the location of the intake for the water use being registered by street and municipality;

(6) The name, location, and type of each destination of outgoing water, including location of discharge and name of the receiving surface water body or wastewater treatment facility, if applicable; and

(7) An estimate of the amount of incoming and outgoing water, with a brief description of how the estimates were derived.

(c) If the source of incoming water is a public water supply and the water user or property owner is required to give written notice to the supplier of water of the use and the notice contains or is supplemented with all information required by (b), above, the water user may submit a copy of the notice provided to the supplier of water in lieu of the registration required by (b), above.

(d) If the outgoing water is subject to a groundwater discharge permit issued under Env-Wq 402, or under predecessor rules Env-Ws 1500, and the information required by (b), above, is included in the information provided to the department pursuant to that permit, the water user may submit a copy of the information otherwise provided in lieu of a separate registration.

(e) If the outgoing water is subject to a temporary surface discharge permit issued under RSA 485-A:4 and RSA 485-A:13 and the information required by (b), above, is included in the information provided to the department pursuant to that permit, the water user may submit a copy of the information otherwise provided in lieu of a separate registration.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.04)

N.H. Code Admin. R. Ann. Env-Wq 2102.08 Water Use Registration Form {#sec-env-wq-2102.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.08}

A person whose water use is not agricultural, limited, or intermittent shall provide the following information to the department on or with a Water Use Registration form obtained from the department:

(a) Identification of the water user and the property owner, if other than the water user, as follows:

(1) For an individual, the individual’s full legal name;

(2) For a political subdivision, the political subdivision’s name; and

(3) For any other entity, the entity’s name as registered with the New Hampshire secretary of state;

(b) The mailing address and daytime telephone number of the water user;

(c) The name and location, by street address and municipality, of the facility being registered;

(d) If the water user is an entity, the name, title, and daytime telephone number of a contact person and authorized signer and, if available, an e-mail address for the contact person;

(e) Each type or purpose of water use that constitutes more than 5,000 gallons or 10 percent of the total use, whichever is greater, including but not limited to:

(1) Public water supply;

(2) Wastewater treatment;

(3) Commercial;

(4) Industrial;

(5) Institutional;

(6) Agricultural, such as field crop, greenhouse, nursery, livestock, log spraying, or aquaculture if the overall water use does not otherwise qualify as an agriculture water use;

(7) Non-agricultural irrigation, such as golf course, athletic field, or landscape;

(8) Power production, such as biomass, fossil fuel, geothermal, hydroelectric, or nuclear;

(9) Snowmaking;

(10) Mining;

(11) Dust control;

(12) Bottled water or bulk water; and

(13) Domestic sanitary use;

(f) As applicable, the following additional descriptive information for each use specified pursuant to (e), above:

(1) If domestic or sanitary use, the number of each type of fixture and water-using appliance and the average number of individuals served per day;

(2) If heating or cooling water, whether boiler make-up, blowdown, contact, non-contact, or other, with a brief description;

(3) If irrigation other than agricultural, the number of acres irrigated and the type of irrigation system used, and for golf courses, a written explanation of:

a. The number of sprinkler heads;

b. The make, model, and gallons per minute of each head;

c. The number of acres irrigated per head type;

d. Where on the course the heads are used, such as greens or driving range; and

e. A typical weekly irrigation schedule;

(4) The applicable North American Industry Classification System (NAICS) code, if any;

(5) If hydroelectric, the following information:

a. The average operating head, in feet above the intake;

b. The average operating efficiency, in percent;

c. The minimum necessary operating flow, in cubic feet per second (cfs);

d. The maximum existing capacity, in kilowatts;

e. The maximum turbine design flow, in cfs; and

f. The minimum flow release necessary to comply with existing state and federal operating permits or licenses, in cfs.

(6) Whether water is recycled and the percentage that is recycled; and

(7) Whether wastewater is reclaimed and the percentage that is reclaimed;

(g) The estimated cumulative water use from all sources, in gallons, as follows:

(1) The average daily water use by the facility;

(2) The estimated maximum daily water use by the facility; and

(3) The estimated annual water use by the facility;

(h) The type of permit or approval and the corresponding permit or identification number for each state and federal permit or approval held by the facility that pertains to water use, including but not limited to:

(1) Any federal National Pollutant Discharge Elimination System permits;

(2) Any Federal Energy Regulatory Commission permits issued pursuant to 18 CFR;

(3) Any public water supply approvals obtained pursuant to Env-Wq 402, Env-Dw 405, Env-Dw 302, Env-Dw 303, or Env-Dw 305 or predecessor rules in Env-Ws 370, Env-Ws 372, Env-Ws 378, Env-Ws 379, or Env-Ws 389;

(4) Any groundwater discharge permit or registration issued pursuant to Env-Wq 402 or predecessor rules in Env-Ws 1500;

(5) Any large groundwater withdrawal permits issued pursuant to Env-Wq 403 or predecessor rules in Env-Ws 387 or Env-Ws 388;

(6) Any industrial pre-treatment permits; and

(7) Any §401 water quality certificate or state or federal wetland permit stipulating water withdrawal amounts;

(i) For each source, the following information:

(1) Whether the source is groundwater, surface water, a public water supplier, or another source, and:

a. If the source is a surface water or public water supplier, the name of the source;

b. If the source is groundwater, whether the well is drilled or dug and, if drilled, whether into bedrock or into unconsolidated material; and

c. If the source is not surface water, groundwater, or a public water supplier, or is not a drilled or dug well, a description of the source;

(2) The location of the access point for the source, by street number and name and municipality;

(3) Whether the source is used for all water uses and, if not, the specific uses this source serves;

(4) How the amount of water withdrawn or transferred from the source is measured and the unit of measure;

(5) Whether there is a permit limit on the amount of water withdrawn or transferred from the source and, if so, what the limit is, with the unit of measure included; and

(6) A statement of the maximum amount of water the facility can physically withdraw or transfer from the source using the present infrastructure at the facility, with the unit of measure included, and a description of the facility’s physical limitations;

(j) For each destination of water, the following information:

(1) The name and location by street and municipality of the destination;

(2) How the amount of water discharged or transferred is measured and the unit of measure;

(3) The destination of the water, such as:

a. Discharged to groundwater, surface water, a wastewater treatment facility, or a leach field;

b. Used consumptively to make a product or for snowmaking or irrigation;

c. Lost to evaporation, for example from heating or cooling or both;

d. Delivered to another location, with the location identified; or

e. Some other destination, with an explanation; and

(4) Whether the facility has a permit limit on the volume or rate of discharge or transfer and, if so, the average daily and maximum daily discharge limits;

(5) The maximum amount of water that can be physically discharged or transferred to each destination using the present infrastructure at the facility, and a description of the physical factor(s) that limits the amount of water for those activities;

(k) A water use location map as specified in Env-Wq 2102.09; and

(l) Other information as needed to clarify the timing, distribution, purpose(s), or type(s) of water use.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.06)

N.H. Code Admin. R. Ann. Env-Wq 2102.09 Water Use Location Map {#sec-env-wq-2102.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.09}

The water use location map required by Env-Wq 2102.08(k) shall be a topographic map that:

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

(b) Depicts all data included on the most current version of the United States Geological Survey topographic quadrangle map of the same geographical area;

(c) Identifies the location and boundaries of the facility, each point of water withdrawal, and each point of water discharge; and

(d) Includes the quadrangle name, scale, date of last revision, and north arrow.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.07)

N.H. Code Admin. R. Ann. Env-Wq 2102.10 Measurement of Volume of Water Use Required {#sec-env-wq-2102.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.10}

(a) Each water user that is not an agriculture water user, a limited water user, or the owner of a mobile facility that qualifies for an intermittent registration under Env-Wq 2102.32(a)(1) shall use the methods described in Env-Wq 2102.11 through Env-Wq 2102.15 to measure or quantify:

(1) The monthly volume of withdrawal and discharge for each registered source and destination, respectively;

(2) The 24-hour maximum volume for each month reported, if available; and

(3) The monthly volume(s) of water transferred to or from another facility.

(b) Measuring devices and structures shall register and be calibrated for the full flow range of the withdrawal, diversion, or discharge being measured.

(c) Each individual withdrawal shall be measured separately from other withdrawals at the facility, except that for individual wells registered as a wellfield, measurement of the combined withdrawal shall be accepted.

(d) Each individual discharge at a facility that exceeds 20,000 gallons per day of water shall be measured separately from other discharges at the facility except that the discharge may be reported based on the withdrawal volume if the daily volume of the discharge equals at least 90 percent of the volume of the corresponding withdrawal.

(e) There shall be no turnouts or diversions between the source of water and the measuring devices, except for faucets or other small outlets that have a de minimis effect on the diversion or withdrawal.

(f) In those cases where wells are authorized for the purpose of supplementing surface waters with water from combined sources, both sources of water shall be measured.

(g) A water user shall implement water use measurement approaches which:

(1) Directly or indirectly record the total volume of water pumped; and

(2) Can be used by the department to measure water use when conducting an inspection of a facility.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.09)

N.H. Code Admin. R. Ann. Env-Wq 2102.11 Accuracy {#sec-env-wq-2102.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.11}

(a) The method of measurement or quantification of water use shall be accurate to within 10 percent.

(b) If meters are not used, the water user shall:

(1) Document in detail the method employed for estimating water use; and

(2) Demonstrate that the results satisfy the accuracy requirement in (a), above.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.10)

N.H. Code Admin. R. Ann. Env-Wq 2102.12 Open Channel Flow Measuring Devices {#sec-env-wq-2102.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.12}

(a) When establishing stage-discharge relations for open channel measuring devices or structures, the distribution of open channel flow measurements shall be sufficient to establish a full range of values for the entire stage-discharge relation.

(b) Weirs used to make open channel measurements shall have a rating table, as follows:

(1) For a weir of standardized design and construction where a standard rating table is available, the standard rating table shall be used; and

(2) If the weir is not of standardized design and construction or a standard rating table is not available, the rating table shall be developed specifically for the weir by a series of flow tests through the expected range of operation.

(c) A water user who produces hydroelectric power shall:

(1) Directly measure the volume of water which flows through the turbines; or

(2) Determine water usage by measuring power production and applying site specific conversion factors derived using the information provided pursuant to Env-Wq 2102.08(f)(5).

(d) The department shall accept methods described in “Water Measurement Manual, A Water Resources Technical Publication, A Guide to Effective Water Measurement Practices for Better Water Management,” United States Department of the Interior, Bureau of Reclamation, Third Edition, 1997, Revised Reprint 2001, available on-line at no charge at http://www.usbr.gov/tsc/techreferences/mands/wmm/WMM_3rd_2001.pdf, provided the accuracy requirements of Env-Wq 2102.11 are met.

(e) If the measuring system has no continuous stage recorder, an observer shall read the staff gauge and record the reading as close in time as practical before and after changes in regulation of flow occur.

(f) The measuring system shall be installed or constructed in accordance with the specifications of the manufacturer or designer.

(g) For open channel measuring devices:

(1) Measuring devices shall be operated and maintained to ensure that the flow can be measured within the accuracy limits specified in Env-Wq 2102.11; and

(2) Rating curves shall be recalculated as follows:

a. At least once per year; and

b. Whenever there is a change in channel conditions that significantly alters flow across the control such that the requirements for accuracy specified in Env-Wq 2102.11 are not met.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.11)

N.H. Code Admin. R. Ann. Env-Wq 2102.13 Pipeflow {#sec-env-wq-2102.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.13}

Measuring Devices.

(a) Except for public water systems and agriculture water users, the following measurement methods shall be used to measure water use associated with pipeflow:

(1) Flow meter(s) with a totalizer; or

(2) A time totalizer, provided water use occurs at a constant flow rate.

(b) In the case of intermittent artesian wells, the meter shall be installed in a manner that will measure both pumped and flowing discharge.

(c) A public water system serving 1,000 people or fewer shall meter all withdrawals from each source in accordance with the applicable provisions of Env-Dw 405.

(d) Public water systems serving more than 1,000 people shall meter all withdrawals from individual sources in accordance with the applicable provisions of Env-Dw 402.

(e) All measuring devices shall be:

(1) Installed in accordance with manufacturer specifications;

(2) Calibrated and maintained in accordance with the specifications of the manufacturer; and

(3) Operated and maintained to ensure that the flow can be measured within the accuracy requirements specified in Env-Wq 2102.11.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.12)

N.H. Code Admin. R. Ann. Env-Wq 2102.14 Equivalent Methods {#sec-env-wq-2102.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.14}

(a) If the water user chooses to develop an alternate, equivalent method of water measurement, the water user shall submit a written request and documentation to the department to demonstrate that the equivalent method of water measurement:

(1) Complies with the accuracy requirements specified in Env-Wq 2102.11;

(2) Includes the measurement of water use in real time; and

(3) Automatically records cumulative water use for a minimum period of 30 days.

(b) The documentation submitted pursuant to (a), above shall include the following:

(1) The facility name and address;

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

(3) The name and daytime telephone number of the contact person for the facility and, if available, an e-mail address for the contact person;

(4) The registered water user identification number; and

(5) A complete description of all water uses or users at the facility including:

a. Each water source and destination;

b. A flow chart of all water use through the facility that includes all water-using processes and their receiving and sending connections; and

c. A description of how the water is used, including a description and a percent estimate of the total volume of water used for each process or need.

(c) If the department determines that the equivalent method of water measurement meets the accuracy requirements of Env-Wq 2102.11, the department shall approve the use of the method.

(d) Snowmaking water users shall measure water use as required by RSA 488:4-a.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.13)

N.H. Code Admin. R. Ann. Env-Wq 2102.15 Frequency of Measurement {#sec-env-wq-2102.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.15}

(a) Measurements of water use shall be made with sufficient frequency to insure the accuracy of total water usage volumes required by Env-Wq 2102.11.

(b) If water use for a facility is determined by multiplying a factor by run time, run time in hours and minutes shall be recorded at the end of each period of use.

(c) Manual measurement of flow over weirs shall be made at least once in each calendar week, except that if the weekly measurement varies by more than 25%, the minimum frequency shall be once daily until such time as the flow variation over a week is less than 25%.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.14)

N.H. Code Admin. R. Ann. Env-Wq 2102.16 Record Keeping {#sec-env-wq-2102.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.16}

(a) Each water user that is not an agriculture water user, a limited water user, or the owner of a mobile facility that qualifies for an intermittent registration under Env-Wq 2102.32(a)(1) shall maintain records in accordance with this section.

(b) Each water user that is subject to this section shall make an accurate record of water use, including:

(1) All direct measurements;

(2) All calculations;

(3) Records demonstrating compliance with Env-Wq 2102.12(g) relative to open channel measurements, if applicable; and

(4) Records demonstrating compliance with Env-Wq 2102.13(e) relative to calibration, operation, and maintenance of measuring devices.

(c) Each water user that is subject to this section shall retain the records specified in (b), above, for a minimum of 3 years from the date of the water use to which the record relates.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.15)

N.H. Code Admin. R. Ann. Env-Wq 2102.17 Required Reporting {#sec-env-wq-2102.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.17}

(a) Each water user that is not an agriculture water user, a limited water user, or the owner of a mobile facility that qualifies for an intermittent registration under Env-Wq 2102.32(a)(1) shall report in accordance with this section.

(b) Each water user that is subject to this section shall report the information specified in Env-Wq 2102.18 to the department according to the applicable schedule specified in Env-Wq 2102.19.

(c) Each water user that is subject to this section shall report water use information to the department using the electronic reporting system, unless the required information is provided as specified in Env-Wq 2102.21 through Env-Wq 2102.24.

(d) The department shall provide each water user with access to the electronic reporting system and the following water user information as reflected in the department’s records:

(1) The name of the water user;

(2) The name and mailing address of the facility;

(3) The location of the facility, including the street name and town;

(4) The water user identification number;

(5) The method of measurement; and

(6) The name, title, and daytime telephone number of the contact person and, if available, an e-mail address.

(e) The water user shall verify or, if necessary, correct the water user information provided pursuant to (d), above, as part of completing the electronic report.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.16)

N.H. Code Admin. R. Ann. Env-Wq 2102.18 Information Reported {#sec-env-wq-2102.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.18}

In addition to verifying the information described in Env-Wq 2102.17(c), the water user shall provide the information identified below to the department:

(a) The monthly water use total, as required by Env-Wq 2102.10(a)(1), for each registered source and destination, including the monthly volume(s) of water transferred to or from another facility;

(b) The monthly 24-hour maximum volume, as specified in Env-Wq 2102.10(a)(2), for each registered source and destination;

(c) The units of measurement;

(d) The method of measurement;

(e) If water usage is determined based on power production, the amount of power produced per month;

(f) If the source is used for snowmaking, whether the reported monthly totals include the amount of drainback, and the percent of monthly withdrawal that is returned as drainback;

(g) If water usage is determined based on a unit water use rate, the water user’s process for determining the unit water use rate;

(h) Information demonstrating compliance Env-Wq 2102.12(g) relative to open channel measurements, if applicable; and

(i) Any changes in registration information or water use that have occurred since the previous report, including but not limited to:

(1) The addition of a new source or relocation or abandonment of an existing source;

(2) The addition of a new destination or relocation or abandonment of an existing destination;

(3) A facility expansion, modification, or relocation;

(4) A change in method of measurement;

(5) Problems with measurement equipment; and

(6) An explanation of the conditions that resulted in the changes noted under (1) through (5), above.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.17)

N.H. Code Admin. R. Ann. Env-Wq 2102.19 Method and Frequency of Reporting {#sec-env-wq-2102.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.19}

(a) Each water user that is not an agriculture water user, a limited water user, or the owner of a mobile facility that qualifies for an intermittent registration under Env-Wq 2102.32(a)(1) shall report to the department in accordance with this section.

(b) Except as provided in (c), below, each water user that is subject to this section shall submit the information required by Env-Wq 2102.17(d) and Env-Wq 2102.18 to the department every 3 calendar months within the first 45 calendar days following the reporting period.

(c) The following water users shall submit the information required by Env-Wq 2102.17(d) and Env-Wq 2102.18 to the department as specified in Table 2102-3, below:

Table 2102-3: Reporting Schedule for Certain Water Users

Type of Water User

Reporting Period

Report Due

Irrigator other than agricultural water user

Per growing season or other period of use

Annually, no later than February 15 of the year following the calendar year in which the use occurred

Snowmaking

Each snowmaking season

Annually, no later than May 15 of the year in which the snowmaking season ends

Hydroelectric facility

Calendar year quarter

Annually, no later than February 15 of the year following the calendar year being reported

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.18)

N.H. Code Admin. R. Ann. Env-Wq 2102.20 Trade Secrets and Proprietary Information {#sec-env-wq-2102.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.20}

(a) Water users who submit water use information pursuant to these rules who believe the information constitutes trade secrets or confidential business information (CBI) may request the information to be maintained as non-public information, and so not subject to release under RSA 91-A, pursuant to Env-C 208.

(b) Water users requesting that water use data be maintained as non-public information pursuant to (a), above, shall provide the following information:

(1) Evidence that monthly water use data for the facility could reasonably be used by others to reveal trade secrets or CBI; and

(2) A proposed alternative method to report water use in a manner or frequency that will protect trade secrets or CBI while allowing the underlying data to be made available to the public.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.19)

N.H. Code Admin. R. Ann. Env-Wq 2102.21 Public Water Suppliers {#sec-env-wq-2102.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.21}

Any public water supplier that provides water use data to the department under subtitle Env-Dw shall be deemed to be in compliance with this part if the information being provided includes the information required by Env-Wq 2102.18.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.20)

N.H. Code Admin. R. Ann. Env-Wq 2102.22 Dischargers to Surface Waters {#sec-env-wq-2102.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.22}

(a) Dischargers to surface waters shall include those persons whose discharge(s) of water to a surface water body are regulated under the federal National Pollutant Discharge Elimination System (NPDES).

(b) Any discharger to surface waters that provides water use data to the department pursuant to an NPDES permit shall be deemed to be in compliance with this part if the information being provided includes the information required by Env-Wq 2102.18.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.21)

N.H. Code Admin. R. Ann. Env-Wq 2102.23 Hydroelectric Power Producers {#sec-env-wq-2102.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.23}

Any producer of hydroelectric power providing power production data to the New Hampshire public utilities commission (PUC) who has provided a means of approximating the volume of water used in that power production shall be deemed to be in compliance with this part if:

(a) The information being provided to the PUC includes the information required by Env-Wq 2102.18; and

(b) A copy of the information is provided to the department.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.22)

N.H. Code Admin. R. Ann. Env-Wq 2102.24 Discharges to Groundwater {#sec-env-wq-2102.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.24}

Any discharger to groundwater that provides water use data to the department under Env-Dw 404 or Env-Wq 402 shall be deemed to be in compliance with this part if the information provided includes the information required by Env-Wq 2102.18.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.23)

N.H. Code Admin. R. Ann. Env-Wq 2102.25 Agriculture Water Use Registration {#sec-env-wq-2102.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.25}

An agriculture water user shall register a farm by providing the following information to the department on a Water Use Registration form obtained from the department:

(a) The information specified in Env-Wq 2102.08(a)-(d), (e)-(h) as applicable, and (i)-(j);

(b) The purpose of water use, including but not limited to:

(1) Irrigation and frost protection for crops;

(2) Greenhouse;

(3) Nursery;

(4) Livestock;

(5) Cleaning and processing products;

(6) Cleaning equipment and facilities;

(7) Aquaculture; and

(8) Forestry and lumbering operations;

(c) A written explanation of:

(1) Irrigation methods used, including irrigation types, such as travelling gun or linear move;

(2) Watering needs in inches based on crop type and acres of each crop; and

(3) A typical watering schedule;

(d) If use is for the irrigation or frost protection of field crops, an estimate of the total acres irrigated or protected; and

(e) Documentation of water use location as specified in Env-Wq 2102.26.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.24)

N.H. Code Admin. R. Ann. Env-Wq 2102.26 Documentation of Agriculture Water Use Location {#sec-env-wq-2102.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.26}

(a) To document the agriculture water use location, the agriculture water user shall provide:

(1) A water use location map as specified in Env-Wq 2102.09; or

(2) A recent aerial photograph of the property from the USDA Farm Service Agency (FSA), National Agricultural Imagery Program (NAIP), or other source that provides comparable or better quality and resolution.

(b) Any aerial photograph provided pursuant to (a), above, shall identify:

(1) The location of each water withdrawal and discharge point; and

(2) The boundaries of contiguous areas of 5 or more acres that are subject to irrigation.

(c) Any aerial photograph provided pursuant to (a), above, shall include the date of flight, the approximate scale of the image, and a north arrow.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.25)

N.H. Code Admin. R. Ann. Env-Wq 2102.27 Measurement of Volume of Agriculture Water Use Required {#sec-env-wq-2102.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.27}

(a) Each individual type of withdrawal or discharge for agriculture water use that exceeds 20,000 gallons a day of water shall be measured separately from other withdrawals or discharges at the farm unless a waiver is granted under Env-Wq 2102.33.

(b) The agriculture water user shall document in detail the method employed for estimating water use.

(c) The following measurement methods shall be acceptable:

(1) Estimating water use based on manufacturers pump capacities;

(2) For livestock operations, average use estimates based on Cooperative Extension formulas or generally accepted and documented industry standards; or

(3) An equivalent method approved by the department pursuant to Env-Wq 2102.14.

(d) Water use measurements or quantification shall be accurate to within 10 percent.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.26)

N.H. Code Admin. R. Ann. Env-Wq 2102.28 Record Keeping for Agriculture Water Use {#sec-env-wq-2102.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.28}

Each agriculture water user shall maintain an accurate record of water use, including all direct measurements and calculations, for 3 years.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.27)

N.H. Code Admin. R. Ann. Env-Wq 2102.29 Requirement for Agriculture Water Use Reporting {#sec-env-wq-2102.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.29}

(a) An agriculture water user shall report the information specified in Env-Wq 2102.30 to the department according to the applicable schedule specified in Env-Wq 2102.31.

(b) An agriculture water user shall report water use information to the department using the electronic reporting system unless the applicable data are provided under Env-Wq 2102.21 through Env-Wq 2102.24.

(c) The department shall provide each agriculture water user with access to the electronic reporting system and the following water user information as reflected in the department’s records:

(1) The name of the water user;

(2) The name and mailing address of the farm;

(3) The location of the farm, including the road name and town;

(4) The water user identification number as provided by the department;

(5) The method of measurement; and

(6) The name, title, and daytime telephone number of the contact person and, if available, an e-mail address.

(d) The agriculture water user shall verify or, if necessary, correct the water user information provided pursuant to (c), above, as part of completing the electronic report.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.28)

N.H. Code Admin. R. Ann. Env-Wq 2102.30 Information Reported for Agriculture Water Use {#sec-env-wq-2102.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.30}

In addition to verifying the information described in Env-Wq 2102.29(c), the agriculture water user shall provide the information identified below to the department:

(a) The monthly volume of withdrawal and discharge for each registered source and destination, respectively;

(b) The monthly volume(s) of water transferred to or from another facility;

(c) The units of measurement;

(d) The method of measurement;

(e) If water usage is determined based on a unit water use rate, the water user’s process for determining the unit water use rate; and

(f) Any changes in registration information or water use that have occurred since the previous report, including but not limited to:

(1) The addition of a new source or relocation or abandonment of an existing source;

(2) The addition of a new destination or relocation or abandonment of an existing destination;

(3) A change in method of measurement; and

(4) An explanation of the conditions that resulted in the changes under (1) through (3), above.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.29)

N.H. Code Admin. R. Ann. Env-Wq 2102.31 Method and Frequency of Reporting of Agriculture Water Use {#sec-env-wq-2102.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.31}

The agriculture water user shall submit the information required by Env-Wq 2102.29(c) and Env-Wq 2102.30 for the period beginning January 1 and ending December 31 of each year to the department no later than February 15 of the year immediately following the year being reported.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.30)

N.H. Code Admin. R. Ann. Env-Wq 2102.32 Intermittent Water Use Registration and Reporting {#sec-env-wq-2102.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.32}

(a) The owner of a mobile facility shall comply with:

(1) The requirements of this section if the use is intermittent; or

(2) The requirements of Env-Wq 2102.08 through Env-Wq 2102.24, if the use does not qualify as intermittent.

(b) The owner of the mobile facility shall register water use within 30 calendar days of the first use of each calendar year by providing the following information on an Intermittent Water Use Registration form obtained from the department:

(1) The name and mailing address of the water user, with the name as specified in Env-Wq 2102.08(a);

(2) If the water user is an individual, a daytime telephone number including area code;

(3) If the mobile facility owner is not an individual, the name, title, and daytime telephone number including area code of a contact person and authorized signer for the owner and, if available, an e-mail address;

(4) The year for which the registration is being filed; and

(5) The county or counties in which the water user anticipates working.

(c) The owner of the mobile facility shall report intermittent water use by providing the following information on an Intermittent Water Use Report form obtained from the department:

(1) The information required by (b)(1)-(3), above;

(2) The start date and end date of the time period covered by the report;

(3) If different uses occurred in the same reporting period, a Specific Use Report as described in (d), below, for each use; and

(4) If all uses in the reporting period are the same, a Cumulative Use Report as described in (e), below.

(d) The following information shall be provided for each intermittent water use on a Specific Use Report:

(1) The purpose of the water use;

(2) The name of the municipality in which the water use occurred;

(3) The location of the water use as described by:

a. Latitude and longitude coordinates to within 25 feet of accuracy as determined by a land surveyor or global positioning satellite receiver;

b. The physical street address by street number and name and municipality;

c. The names of the streets that cross at the closest road intersection, the distance and direction of the use from the intersection, and the distance to and pole number of the nearest utility pole; or

d. A topographical map that shows road names and municipal boundaries, with the location of the use clearly marked;

(4) The source for the use, described as specified in Env-Wq 2102.08(i)(1) and (2);

(5) The volume of water used, as determined by:

a. The volume of the tank multiplied by the number of times it was filled and emptied; or

b. The methods described in Env-Wq 2102.10 through Env-Wq 2102.14; and

(6) The date or dates the water use occurred.

(e) The following information shall be provided on a Cumulative Use Report:

(1) The purpose of the use and, for each occurrence:

a. The date of the occurrence; and

b. The location of the water use as specified in (d)(3)a. or b., above;

(2) The source of the water, as specified in Env-Wq 2102.08(i)(1) and (2); and

(3) The total volume of water used in the reporting period and the method by which the total volume was determined.

(f) The water user shall submit the information required by (c) or (d), above, as applicable:

(1) Within 15 calendar days after the last day of each calendar month in which an intermittent use occurred; and

(2) In a manner that allows total water use for each calendar month to be determined.

History

• #9279, eff 9-24-08; ss by #12135, eff 3-21-17 (from Env-Wq 2102.31)

N.H. Code Admin. R. Ann. Env-Wq 2102.33 Waivers {#sec-env-wq-2102.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2102.33}

(a) Any person requesting a waiver to a requirement established in this part shall submit the following information in writing to the department:

(1) A description of the facility and water use to which the waiver request relates;

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

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

(4) A full explanation, with supporting data, of the alternatives that will be implemented in lieu of the requirement if a waiver is granted, if any;

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

(6) A full explanation of how granting a waiver would meet the criteria stated in (b), below.

(b) The department shall grant a waiver if it determines that:

(1) The intent of RSA 488 will be met;

(2) The waiver will result in water use information that is at least equivalent to the information that would be generated by complying with the rules as written; and

(3) Granting the waiver will not result in a statutory requirement being waived.

(c) In granting the waiver, the department shall impose such conditions, including time limitations, as the department deems necessary to ensure that the criteria specified in (b), above, are met.

(d) The department shall issue a written response to the water user within 30 business days of receipt of a complete request. If the waiver is denied, the department’s response shall specify the reason(s) for the denial.

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

Appendix A: Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Wq 2101

RSA 485:61

Env-Wq 2102.01

RSA 488:1

Env-Wq 2102.02

RSA 488:3; 9; & 11

Env-Wq 2102.03 - 2102.04

RSA 488:2

Env-Wq 2102.05

RSA 488:3; 4; 4-a; & 6

Env-Wq 2102.06 - 2102.09

RSA 488:3; 5; 6; & 9, VII

Env-Wq 2102.10 - 2102.15

RSA 488:4; 4-a; & 9, III, IV, & VII

Env-Wq 2102.16 - 2102.26

RSA 488:3; 6; & 9, VII

Env-Wq 2102.27

RSA 488:4; 4-a; & 9, III

Env-Wq 2102.28

RSA 488:3; 4; & 6

Env-Wq 2102.29 - 2102.32

RSA 488:6

Env-Wq 2102.33

RSA 541-A:22, IV

Appendix B: Incorporation by Reference Information

Rule Section(s)

Title

Dated

Obtain at:

Env-Wq 2101.07(b)(2)

Env-Wq 2101.11(b)(2)

Env-Wq 2101.18(b)(2)b.

Manual of Water Supply Practices, Water Meters - Selection, Installation, Testing, and Maintenance, AWWA M6

2012

American Water Works Association

www.awwa.org

Env-Wq 2101.12

Env-Wq 2101.13(a)

Env-Wq 2101.15(a)

Env-Wq 2101.25(c)

Manual of Water Supply Practices, Water Audits and Loss Control Programs, AWWA M36

2016

American Water Works Association

www.awwa.org

Env-Wq 2101.13(a)

Env-Wq 2101.25(c)

AWWA Free Water Audit Software, FWAS v6.0

December 2020

American Water Works Association www.awwa.org

Env-Wq 2101.17(a)

Natural Resources Conservation Service, Conservation Practice Standard, Irrigation Water Management, Code 449

May 2022

United States Department of Agriculture

www.nrcs.usda.gov

Env-Wq 2101.22(b)(1)

Best Management Practices for New Hampshire Golf Courses

December 2020

New Hampshire Golf Course Superintendents Association

www.nhgcsa.com

Env-Wq 2101.22(b)(2)

Water Efficiency Management Guide: Mechanical Systems, document identification number EPA 832-F-17-016c

November 2017

US Environmental Protection Agency

www.epa.gov

Env-Wq 2101.22(b)(3)

WaterSense at Work: Best Management Practices for Commercial and Institutional Facilities, document identification number EPA 832-F-12-034

October 2012

US Environmental Protection Agency

www.epa.gov

APPENDIX C: STATUTORY DEFINITIONS

RSA 485:1-a:

I. “Community water system” means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

III. “Department” means the department of environmental services.

XII. “Operator” means the individual who has direct management responsibility for the routine supervision and operation of a public water system or of a water treatment plant or collection, treatment, storage, or distribution facility or structure that is a part of a system.

XIII. “Person” means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.

XIV-a. “Privately owned redistribution system” means a system for the provision of piped water for human consumption which does not meet the definition of public water system under paragraph XV, and meets all the following criteria: (1) obtains all of its water from, but is not owned or operated by, a public water system; (2) serves a population of at least 25 people, 10 household units, or 15 service connections, whichever is fewest, for at least 60 days per year; and (3) has exterior pumping facilities, not including facilities used to reduce pressure, or exterior storage facilities which are not part of building plumbing.

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

(c) Does not sell water to any person.

XIX. “Water conservation” means any beneficial reduction in water losses, waste, or use.

RSA 485-A:2:

XIV. “Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

RSA 485-C:2:

VIII. “Groundwater” means subsurface water that occurs beneath the water table in soils and geologic formations.

IX-a. “Large groundwater withdrawal” means any withdrawal from groundwater of 57,600 gallons or more of water in any 24-hour period at a single property or place of business except withdrawals associated with short-term use.

RSA 485:61 Rules for Water Conservation:

I. The department shall adopt rules, pursuant to RSA 541-A, for water conservation practices for water users. These rules shall strike a reasonable balance between environmental, energy, and economic impacts and be consistent with current industry standards and practices for different types of water users.

II. The water conservation rules in paragraph I of this section shall apply to all new permit applicants and applications for water withdrawals subject to the provisions of RSA 485:3, RSA 485:48, RSA 485-C:21, RSA 485-A:12, IV, and section 401 of the Clean Water Act.

III. Water conservation rules shall be consistent with applicable state or federal rules and regulations.

RSA 488:2

III. “Discharge” means the return of water to the environment.

IV. “Groundwater” means subsurface water that occurs beneath the water table in soils and geologic formations.

V. “Person” means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.

VI. “Surface waters” means any lake, pond, river, stream, wetland, or tidal waters.

VII. “Transfer” means any conveyance of water from one real property or place of business to another or incorporation into a product for subsequent distribution.

VIII. “Withdrawal” means the removal or collection of water by pumping or gravity from surface water or groundwater.

History

• #12135, eff 3-21-17 (from Env-Wq 2102.32)

Chapter Env-Wq 2200 Voluntary Certified Salt Applicator Program

Part Env-Wq 2201 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Wq 2201.01 Purpose {#sec-env-wq-2201.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2201.01}

The purpose of these rules is to implement the voluntary salt applicator certification program established in RSA 489-C in order to:

(a) Improve efficiency in salt use, such that the least amount of salt is used to ensure safe conditions on surfaces traveled by pedestrians and vehicles in winter conditions;

(b) Reduce the amount of salt used by commercial applicators, as measured in tons of salt per acre per year, over time while maintaining safe conditions for pedestrians and vehicles in winter conditions;

(c) Establish a voluntary system for commercial salt applicators to track their salt use and provide information annually to the department; and

(d) Establish a voluntary program for governmental units to obtain certification for their municipal winter maintenance programs.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2201.02 Applicability {#sec-env-wq-2201.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2201.02}

These rules shall apply to any commercial applicator, as defined in RSA 489-C:1, II, or municipal winter maintenance program as defined in RSA 489-C:1, IV-a, that elects to obtain the certification authorized by RSA 489-C:2 or RSA 489-C:2-a.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; ss by #13982, eff 5-24-24

Part Env-Wq 2202 Definitions

N.H. Code Admin. R. Ann. Env-Wq 2202.01 Apply salt {#sec-env-wq-2202.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.01}

“Apply salt” means “apply salt” as defined in RSA 489-C:1, I, as reprinted in Appendix B.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2202.02 Approved training program for initial certification {#sec-env-wq-2202.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.02}

“Approved training program for initial certification” means a course that has been approved by the department pursuant to Env-Wq 2206.02(a).

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; ss by #12530, eff 6-1-18; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2202.03 Approved training program for renewal certification {#sec-env-wq-2202.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.03}

“Approved training program for renewal certification” means a course that has been approved by the department pursuant to Env-Wq 2206.02(b).

History

• #12530, eff 6-1-18; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2202.04 Commercial applicator {#sec-env-wq-2202.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.04}

“Commercial applicator” means “commercial applicator” as defined in RSA 489-C:1, II, as reprinted in Appendix B.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; renumbered by #12530 (formerly Env-Wq 2202.03); ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2202.05 Department {#sec-env-wq-2202.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.05}

“Department” means the department of environmental services.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; renumbered by #12530 (formerly Env-Wq 2202.04); ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2202.06 Employee or official of a governmental unit {#sec-env-wq-2202.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.06}

"Employee or official of a governmental unit" means "employee or official of a governmental unit" as defined in RSA 507-B:1, I-a, reprinted in Appendix B.

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2202.07 Governmental unit {#sec-env-wq-2202.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.07}

“Governmental unit” means "governmental unit" as defined in RSA 507-B:1, I, reprinted in Appendix B.

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2202.08 Green SnowPro Coordinator {#sec-env-wq-2202.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.08}

“Green SnowPro Coordinator” means the employee or official of a governmental unit designated by a municipality that is responsible for implementing and overseeing the municipal winter maintenance certification program.

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2202.09 Individual certificate {#sec-env-wq-2202.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.09}

“Individual certificate” means a certification issued to a commercial applicator who:

(a) Meets the requirements for initial or renewal certification, as applicable; and

(b) Does not employ or otherwise supervise other commercial applicators.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14 (from Env-Wq 2202.06); ss by #12530, eff 6-1-18 (formerly Env-Wq 2202.05); ss by #13982, eff 5-24-24 (formerly Env-Wq 2202.06)

N.H. Code Admin. R. Ann. Env-Wq 2202.10 Master certificate {#sec-env-wq-2202.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.10}

“Master certificate” means a certification issued to the owner or chief supervisor of a business that employs or contracts with one or more commercial applicators provided the owner or chief supervisor, as applicable, meets the requirements for initial or renewal certification, as applicable.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14 (from Env-Wq 2202.07); ss by #12530, eff 6-1-18 (formerly Env-Wq 2202.06); ss by #13982, eff 5-24-24 (formerly Env-Wq 2202.07)

N.H. Code Admin. R. Ann. Env-Wq 2202.11 Municipal winter maintenance certification program {#sec-env-wq-2202.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.11}

“Municipal winter maintenance certification program” (municipal program) means "municipal winter maintenance certification program" as defined in RSA 489-C:1, IV-a, namely “a program implemented by a governmental unit as defined in RSA 507-B:1, I, to maintain public roads, parking areas, and walkways in the winter months to be safe for public passage.”

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2202.12 Salt {#sec-env-wq-2202.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.12}

“Salt” means “salt” as defined in RSA 489-C:1, V, as reprinted in Appendix B.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14 (from Env-Wq 2202.08); renumbered by #12530 (formerly Env-Wq 2202.07); ss by #13982, eff 5-24-24 (formerly Env-Wq 2202.08)

N.H. Code Admin. R. Ann. Env-Wq 2202.13 Salt alternative {#sec-env-wq-2202.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.13}

“Salt alternative” means “salt alternative” as defined in RSA 489-C:1, VI, as reprinted in Appendix B.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14 (from Env-Wq 2202.10); ss by #12530, eff 6-/-18 (formerly Env-Wq 2202.09); ss by #13982, eff 5-24-24 (formerly Env-Wq 2202.10)

N.H. Code Admin. R. Ann. Env-Wq 2202.14 Subordinate certificate {#sec-env-wq-2202.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.14}

“Subordinate certificate” means a certification issued to an individual who:

(a) Meets the requirements for initial or renewal certification, as applicable; and

(b) Is or will be employed by a commercial applicator holding a master certificate.

History

• #12530, eff 6-1-18; ss by #13982, eff 5-24-24 (formerly Env-Wq 2202.11)

N.H. Code Admin. R. Ann. Env-Wq 2202.15 Successfully complete an approved training program {#sec-env-wq-2202.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.15}

“Successfully complete an approved training program” means attending an approved training program and achieving a passing grade on the examination offered at the end of the program.

History

• #10697, eff 10-18-14; renumbered by #12530 . eff 6-1-18, (formerly Env-Wq 2202.10); ss by 13982, eff 5-24-24 (formerly Env-Wq 2202.12)

N.H. Code Admin. R. Ann. Env-Wq 2202.16 Uncertified subordinate {#sec-env-wq-2202.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2202.16}

“Uncertified subordinate” means an individual commercial salt applicator who has completed the required training but who has not received certification.

History

• #12530, eff 6-1-18’ ss by #13982, eff 5-24-24 (formerly Env-Wq 2202.13)

Part Env-Wq 2203 Certification of Commercial Applicators

N.H. Code Admin. R. Ann. Env-Wq 2203.01 Voluntary Certified Salt Applicator Program {#sec-env-wq-2203.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2203.01}

Qualifications for Certification.

(a) To qualify for certification under RSA 489-C:2 and this chapter, an individual shall be knowledgeable in the following areas:

(1) The chemical properties of salt with respect to its ability to melt snow under ambient conditions, including but not limited to pavement temperature, air temperature, and dew point;

(2) Calibration of salt spreading equipment;

(3) Calculation of salt application rates;

(4) Effective use of salt brine for anti-icing;

(5) Effective use of salt brine and other liquids for pre-wetting salt;

(6) Effective plowing techniques; and

(7) New technologies for de-icing and anti-icing.

(b) Individuals shall demonstrate knowledge in the areas specified in (a), above, by successfully completing an approved training program.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14 (from Env-Wq 2204.01); ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2203.02 Voluntary Certified Salt Applicator Program {#sec-env-wq-2203.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2203.02}

Application for Certification.

(a) Any person seeking to obtain a master certificate, an individual certificate, or a subordinate certificate shall submit to the department the following:

(1) A completed application form as specified in Env-Wq 2203.03 and is signed as specified in Env-Wq 2203.04;

(2) Documentation showing that the applicant, if an individual, or the applicant’s owner or chief supervisor, if the applicant is a business, has:

a. Successfully completed an approved training program for initial certification within the previous 2 years; or

b. Successfully completed:

1. An approved training program for initial certification within the previous 6 years; and

2. An approved training program for renewal within the previous 2 years; and

(3) The applicable application fee specified in Env-Wq 2203.07(a).

(b) Any business seeking to obtain a master certificate that will cover 4 or more subordinate certificates for individuals who are employed by the business may submit one package that contains:

(1) The information specified in (a)(1) and (2), above, for the individual to be identified on the master certificate;

(2) The applications for subordinate certificates that have been completed and signed by the individuals to be certified; and

(3) The application fee specified in Env-Wq 2203.07(b).

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14 (from Env-Wq 2204.02); ss by #12530, eff 6-1-18 ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2203.03 Information Required for Certification {#sec-env-wq-2203.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2203.03}

The applicant shall complete and submit to the department the "Salt Applicator Certification Application for Initial Renewal or Certification" form, NHDES-W-07-051, May 2024, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-07-051.

History

• #10697, eff 10-18-14 (from Env-Wq 2204.03); amd by #12530, eff 6-1-18; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2203.04 Signature Required {#sec-env-wq-2203.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2203.04}

(a) If the applicant is an individual applying for initial or renewal individual, or subordinate certification, the applicant shall sign and date the application form.

(b) If the applicant is a business applying for an initial or renewal master certification for the owner or chief supervisor, the individual authorized by the business to sign the application shall sign and date the application form.

(c) The signature provided pursuant to (a) or (b), above, as applicable, shall constitute certification that:

(1) The information provided on or with the application form, as applicable, is true, complete, and not misleading to the best of the applicant’s knowledge; and

(2) The applicant understands that certification is subject to renewal annually and is contingent upon successful completion of continuing education requirements and submittal of annual reports.

History

• #10697, eff 10-18-14 (from Env-Wq 2204.04); ss by #12530, eff 6-1-18; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2203.05 Review of Application; Issuance of Certificates {#sec-env-wq-2203.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2203.05}

(a) Within 15 working days of receiving an application for initial certification, the department shall determine whether the applicant has submitted everything required by Env-Wq 2203.02.

(b) If the applicant has not submitted a complete application, the department shall:

(1) Inform the applicant of what is needed to complete the application; and

(2) Defer further review of the application until everything needed for a complete application is received.

(c) Within 15 working days of receiving a complete application as specified in Env-Wq 2203.02, the department shall determine whether the submitted information demonstrates that the applicant meets the requirements specified in RSA 489-C and this chapter for becoming a certified salt applicator.

(d) If the department determines that the applicant meets the requirements and is seeking an individual certificate, the department shall issue a certificate that identifies the individual as a certified salt applicator under RSA 489-C.

(e) If the department determines that the applicant meets the requirements and is seeking a subordinate certificate, the department shall issue a certificate that:

(1) Identifies the applicant as a certified subordinate salt applicator under RSA 489-C; and

(2) Specifies the master certificate under which the subordinate is allowed to work.

(f) If the department determines that the applicant meets the requirements and is seeking a master certificate, the department shall issue a master certificate that identifies the business and identifies the responsible individual as a certified salt applicator under RSA 489-C who is required by RSA 489-C:2 to:

(1) Ensure that all commercial applicators operating under the master certificate:

a. Hold a subordinate certificate or an individual certificate; or

b. Have received the required training; and

(2) Provide the required recordkeeping on behalf of all commercial applicators operating under the master certificate, including all certified individuals, certified subordinates, and uncertified subordinates.

(g) A certificate issued under (d), (e), or (f), above, shall be valid from the date of issuance through June 30 of the following or current year, unless revoked pursuant to Env-Wq 2205.

(h) If the department determines that an applicant does not meet the requirements for certification, the department shall send a written notice to the applicant that:

(1) Specifies the reason(s) why the applicant was not certified; and

(2) Informs the applicant that the decision can be appealed as a permitting decision under RSA 21-O:14.

History

• #10697, eff 10-18-14 (from Env-Wq 2204.05); ss by #12530, eff 6-1-18; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2203.06 Certification Renewal {#sec-env-wq-2203.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2203.06}

(a) To apply for renewal of a master certificate, an individual certificate, or a subordinate certificate, a certified salt applicator shall:

(1) Complete and submit to the department the "Salt Applicator Certification Application for Initial Renewal or Certification" form, NHDES-W-07-051, May 2024, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-07-051;

(2) Provide documentation that the applicant has:

a. Successfully completed an approved training program for initial certification within the previous 2 years; or

b. Successfully completed:

1. An approved training program for initial certification within the previous 6 years; and

2. An approved training program for certification renewal within the previous 2 years; and

(3) Submit the applicable application fee specified in Env-Wq 2203.07(a).

(b) Any business seeking to renew a master certificate that covers 4 or more subordinate certificates for individuals who are or will be employed by the business may submit one package that contains:

(1) The information and certification specified in (a)(1)-(3), above, for the individual to be identified on the master certificate;

(2) The applications for subordinate certificates that have been completed and signed by the individuals to be certified, which may be for initial or renewal certification; and

(3) The application fee specified in Env-Wq 2203.07(b).

(c) For individual certification, the applicant also shall submit:

(1) The annual report required by Env-Wq 2204.01; or

(2) Proof that the annual report required by Env-Wq 2204.01 was previously submitted.

(d) For master certification, the applicant also shall submit:

(1) The annual report required by Env-Wq 2204.02, including the name of each commercial salt applicator applying salt under the supervision of the master certificate; or

(2) Proof that the annual report required by Env-Wq 2204.02, including the name of each commercial salt applicator applying salt under the supervision of the master certificate, was previously submitted.

(e) Within 15 working days of receiving an application for renewal certification, the department shall determine whether the applicant has submitted everything required by (a)-(d), above, as applicable.

(f) If the applicant has not submitted everything required by (a)-(d), above, the department shall:

(1) Inform the applicant of what is needed to complete the application; and

(2) Defer further review of the application until everything needed for a complete application is received.

(g) Within 15 working days of receiving a complete application for renewal as specified in (a)-(d), above, the department shall determine whether the information submitted demonstrates that the applicant:

(1) Currently holds a valid certificate as a salt applicator;

(2) Has filed all required reports; and

(3) Has not acted or failed to act in any way that would constitute just cause to revoke the certification.

(h) If the department determines that the applicant meets the requirements for certification renewal and is seeking an individual certificate, the department shall issue a certificate that identifies the individual as a certified salt applicator under RSA 489-C.

(i) If the department determines that the applicant meets the requirements for certification renewal and is seeking a subordinate certificate, the department shall issue a certificate that:

(1) Identifies the applicant as a certified subordinate salt applicator under RSA 489-C; and

(2) Specifies the master certificate(s) under which the subordinate is allowed to work.

(j) If the department determines that the applicant meets the requirements for certification renewal and is seeking a master certificate, the department shall issue a master certificate that identifies the business and identifies the responsible individual as a certified salt applicator under RSA 489-C who is required by RSA 489-C:2 to:

(1) Ensure that all commercial applicators operating under the master certificate:

a. Hold a subordinate certificate or an individual certificate; or

b. Have received the required training; and

(2) Provide the required recordkeeping on behalf of all commercial applicators operating under the master certificate, including all certified individuals, certified subordinates, and uncertified subordinates.

(k) A certificate issued under (h), (i), or (j), above, shall be valid from the date issued through June 30 of the current or following year, unless revoked pursuant to Env-Wq 2205.

(l) If the department determines that the applicant does not meet the requirements for certification renewal, the department shall send a written notice to the applicant that:

(1) Specifies the reason(s) why the applicant’s certification was not renewed; and

(2) Informs the individual that the decision can be appealed under RSA 21-O:14 as:

a. A permitting decision, if the reason for denial is that the applicant is not qualified; or

b. An enforcement decision, if the reason for denial is that the applicant has acted or failed to act in a way that constitutes just cause to revoke the certification.

History

• #10697, eff 10-18-14 (from Env-Wq 2204.06); ss by #12530, eff 6-1-18; ss by #13982, eff 5-24-24; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2203.07 Application Fees {#sec-env-wq-2203.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2203.07}

(a) Each application for an initial certification or a renewal certification shall be accompanied by an application fee in the amount shown in table 2203-1, below:

Table 2203-1: Application Fees for Initial and Renewal Certification

Certificate Type

Fee

Master

$250

Individual

$150

Subordinate

$25

Municipal Program

$450

(b) An application submitted under Env-Wq 2203.02(b) or Env-Wq 2203.06(b) shall be accompanied by an application fee of $350.

(c) Fees, if paid by check or money order, shall be made payable to “Treasurer - State of NH.”

History

• #12530, eff 6-1-18; ss by #13982, eff 5-24-24; ss by #13982, eff 5-24-24 (formerly Env-Wq 2203.08)

Part Env-Wq 2204 Annual Reporting Required

N.H. Code Admin. R. Ann. Env-Wq 2204.01 Annual Reporting for Individual Certificate Holders {#sec-env-wq-2204.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2204.01}

(a) Subject to (b), below, each commercial applicator holding an individual certificate shall report annually the following information about salt usage during the preceding winter to the department:

(1) The total amount of salt used, in tons of solid salt and gallons of salt brine;

(2) The name of each town in which salt was applied and, for each, the total area of paved surface maintained, in square feet or total lane miles; and

(3) The type and amount of each salt alternative used.

(b) A certified individual commercial salt applicator shall report the usage of salt or salt alternative, or both, only to the extent such usage is not required to be reported under any master certificate.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; ss by #12530, eff 6-1-18; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2204.02 Annual Reporting for Master Certificate Holders {#sec-env-wq-2204.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2204.02}

Each commercial applicator holding a master certificate shall report annually to the department the following information about salt usage during the preceding winter for the master certificate holder and all commercial salt applicators working under the master certificate:

(a) The name of each commercial salt applicator applying salt under the master certificate, including certified individuals, certified subordinates, and uncertified subordinates;

(b) The total amount of salt used, in tons of solid salt and gallons of salt brine;

(c) The name of each town in which salt was applied and, for each, the total area of paved surface maintained, in square feet or total lane miles; and

(d) The type and amount of each salt alternative used.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; ss by #12530, eff 6-1-18; ss by #13982, eff 5-24-24

Part Env-Wq 2205 Revocation of Certification

N.H. Code Admin. R. Ann. Env-Wq 2205.01 Revocation of Certificate {#sec-env-wq-2205.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2205.01}

If after issuing an initial or renewal certificate the department receives reliable information suggesting that just cause, as specified in Env-Wq 2205.02, exists to revoke the certification, the department shall proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 that apply to adjudicative proceedings.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14 (from Env-Wq 2206.01); ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2205.02 Acts Justifying Revocation {#sec-env-wq-2205.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2205.02}

Just cause to revoke a certificate shall include the following:

(a) Submitting false or misleading information regarding any application for initial or renewal certification;

(b) Obtaining certification through fraud, deceit, or intentional falsification; or

(c) Failing to use reasonable care, judgment, and application of their knowledge in performance of their duties.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14 (from Env-Wq 2206.02); ss by #13982, eff 5-24-24

Part Env-Wq 2206 Training Program Approval

N.H. Code Admin. R. Ann. Env-Wq 2206.01 Application for Training Program Approval {#sec-env-wq-2206.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2206.01}

An organization or governmental unit seeking approval of a training program shall apply by submitting the following in writing to the department:

(a) A description of the organization, including:

(1) The organization’s name, mailing address, and daytime telephone number; and

(2) If the organization is not a governmental unit, and is required by RSA 292, RSA 293, RSA 293-A, or other applicable provision of New Hampshire law to register with the New Hampshire secretary of state, proof of being registered and in good standing to do business in New Hampshire;

(b) The name, mailing address, daytime telephone number, and email address of an individual at the organization or governmental unit who can be contacted regarding application;

(c) A list of courses to be offered; and

(d) A complete description of each course for which the organization or governmental unit is seeking approval, including:

(1) The name of the course;

(2) Whether the course will be offered for initial certification or renewal certification;

(3) The name and qualifications of each individual who will present the course;

(4) The length of time attendees of the course will be under direct supervision of the instructor;

(5) A syllabus for the course and the written materials to be used in the course;

(6) The type of test to be offered at the end of the course to evaluate whether attendees have obtained the knowledge required by Env-Wq 2203.01(a); and

(7) The format the organization will use to provide the documentation applicants must submit under Env-Wq 2203.02(b) or Env-Wq 2203.06(a)(2), as applicable.

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; ss by #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2206.02 Department Approval of Training Programs {#sec-env-wq-2206.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2206.02}

(a) The department shall approve a training program for initial certification if the information submitted pursuant to Env-Wq 2206.01 demonstrates that the training program provides at least 4 hours of instruction and will impart the information necessary for attendees to become knowledgeable in the areas identified in Env-Wq 2203.01(a).

(b) The department shall approve a training program for certification renewal if the information submitted pursuant to Env-Wq 2206.01 demonstrates that the training program provides at least 2 hours of instruction and will impart the information necessary for attendees to become more knowledgeable in one or more of the areas identified in Env-Wq 2203.01(a).

History

• #10447, INTERIM, eff 11-1-13, EXPIRED: 4-30-14
• #10697, eff 10-18-14; ss by #13982, eff 5-24-24

Part Env-Wq 2207 Requirements for Certified Municipal Winter Maintenance Programs

N.H. Code Admin. R. Ann. Env-Wq 2207.01 Qualifications for Municipal Winter Maintenance Certification {#sec-env-wq-2207.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.01}

(a) To qualify for certification, employees of a municipal program shall be knowledgeable in areas specified in Env-Wq 2203.01(a) and (b).

(b) Each governmental unit holding a municipal winter maintenance certification shall designate up to 2 Green SnowPro Coordinators who are responsible for:

(1) Overseeing and ensuring compliance with the certification; and

(2) Remaining current on the training required in (c) below.

(c) All employees of a municipal program shall complete the following training by December 1st if hired between April 1st and October 17th or within 45 working days of their hire date if hired between October 17th and April 1st and remain current on the required training by:

(1) Successfully completing an approved training program of at least 4 hours of instruction and achieving a passing grade on the examination offered within the previous 2 years; or

(2) Successfully completing an approved training program within the previous 6 years and achieving a passing grade on the examination offered and an approved training program providing at least 2 hours of instruction within the previous 2 years.

(d) All employees of a municipal program may perform duties before completing the required training in 2207.01(c), as long as their supervisor is current on their required coursework and has provided guidance to the new employee upon hiring.

(e) Any commercial applicators subcontracted by the municipal program shall hold a valid voluntary commercial salt applicator master certificate pursuant to Env-Wq 2203.05(f), or a valid voluntary commercial salt applicator individual certificate pursuant to Env-Wq 2203.05(d).

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2207.02 Application for Municipal Winter Maintenance Certification {#sec-env-wq-2207.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.02}

An employee or official of a governmental unit seeking to obtain municipal winter maintenance certification on behalf of a governmental unit shall complete and submit the following to the department:

(a) The "Municipal Winter Maintenance Certification Application for Initial or Renewal Certification" form NHDES-W-07-094, May 2024, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-07-094, signed as specified in Env-Wq 2207.03;

(b) The applicable application fee specified in Env-Wq 2203.07; and

(c) The salt reduction plan as required in Env-Wq 2207.06(a)(2).

N.H. Code Admin. R. Ann. Env-Wq 2207.03 Signature Required. {#sec-env-wq-2207.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.03}

The signature provided by the employee or official of a governmental unit shall constitute certification that:

(a) The information provided on or with the application form, as applicable, is true, complete, and not misleading to the best of the applicant’s knowledge; and

(b) The certification is subject to renewal annually and is contingent upon both successful completion of continuing education requirements and submittal of annual reports.

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2207.04 Review of Application; Issuance of Certificates {#sec-env-wq-2207.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.04}

(a) Within 15 working days of receiving an application for initial certification, the department shall

determine whether the applicant has submitted all of the information required by Env-Wq 2207.02.

(b) If the applicant has not submitted a complete application, then within 15 working days, the department shall:

(1) Inform the applicant in writing of the information required to complete the application; and

(2) Defer further review of the application until the information required to complete the application is received.

(c) Within 15 working days of receiving a complete application as specified in Env-Wq 2207.02, the

department shall determine whether the submitted information demonstrates that the applicant meets the

requirements specified for a certified municipal winter maintenance program.

(d) If the department determines that the applicant meets the requirements, the department shall issue a certificate that identifies the governmental unit as a certified municipal winter maintenance program.

(e) A certificate issued under (d), above, shall be valid from the date of issuance through June 30, unless revoked pursuant to Env-Wq 2207.11.

N.H. Code Admin. R. Ann. Env-Wq 2207.05 Municipal Winter Maintenance Certification Renewal {#sec-env-wq-2207.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.05}

(a) To apply for renewal of a municipal winter maintenance certificate, the governmental unit shall submit the following to the department:

(1) An "Municipal Winter Maintenance Certification Application for Initial or Renewal Certification" form NHDES-W-07-094, May 2024, available at: https://onlineforms.nh.gov/?formtag=NHDES-W-07-094, signed as specified in Env-Wq 2207.03;

(2) Documentation that the designated Green SnowPro Coordinator(s) has:

a. Successfully completed an approved training program for initial certification within the previous 2 years; or

b. Successfully completed:

i. An approved training program for initial certification within the previous 6 years; and

ii. An approved training program for certification renewal within the previous 2 years;

(3) The applicable application fee specified in Env-Wq 2203.07(a); and

(4) The annual report required by Env-Wq 2207.10.

(b) Within 15 working days of receiving an application for renewal certification, the department shall determine whether the applicant has submitted all of the information required (a), above, as applicable.

(c) If the applicant has not submitted all of the information required by (a), above, the department shall:

(1) Inform the applicant of what is needed to complete the application; and

(2) Defer further review of the application until everything needed for a complete application is received.

(d) Within 15 working days of receiving a complete application for renewal as specified in (a), above, the department shall determine whether the information submitted demonstrates that the applicant:

(1) Currently holds a valid certificate as a municipal winter maintenance program; and

(2) Has filed all required reports.

(e) If the department determines that the applicant meets the requirements for certification renewal the department shall issue a certificate that identifies the governmental unit as a certified municipal winter maintenance program.

History

• #13982, eff 5-24-24
• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2207.06 Recordkeeping Requirements for Standard Certification {#sec-env-wq-2207.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.06}

(a) Any municipality that is holding a municipal winter maintenance certification shall maintain the following records signed by the designated Green SnowPro Coordinator(s):

(1) Training records for each individual municipal employee operating under the municipal winter maintenance certification;

(2) A salt reduction plan that includes the following:

a. A description of the salt reduction practices currently being utilized;

b. A description of the methods the winter maintenance program utilizes to track its salt use;

c. A description of the snow storage management practices; and

d. A 5-year goal on how the governmental unit plans to implement practices and equipment that reduce salt application over the next 5 years;

(3) Information about annual salt usage as specified in Env-Wq 2207.10, during the preceding winter;

(4) Documentation that all de-icing products, including but not limited to salt, sand and salt mix, or alternative products, and anti-icing materials are properly stored as follows:

a. Storage piles of de-icing product shall be located on impervious surfaces and under cover or in enclosed areas;

b. Storage piles of de-icing products shall be stored in areas that will not impact any surface water resources, groundwater resources, recharge areas, or wells;

c. Storage areas of de-icing products shall have adequate drainage controls to prevent runoff from entering the stormwater system;

d. Liquid de-icing chemicals shall have secondary storage containment; and

e. Documentation of a. – d., above shall include photographs of all storage areas; and

(5) Documentation of all equipment calibration shall include the following:

a. Date of calibration(s);

b. Name and title of individual performing the calibration; and

c. The discharge rate both before and after calibration.

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2207.07 Recordkeeping and Additional Requirements for Advanced Certification {#sec-env-wq-2207.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.07}

(a) A governmental unit with an advanced certification shall maintain all records as required by Env-Wq 2207.06.

(b) A governmental unit with an advanced certification shall complete and maintain an annual self-audit report that includes the following:

(1) Frequency of all equipment calibration;

(2) Description of the solid and liquid material storage utilized;

(3) Description of how material usage is tracked;

(4) List of the Best Management Practices (BMPs) implemented and the effectiveness of each practice;

(5) Any impediments or areas to address for further improvement;

(6) Lessons learned relative to BMPs and winter operations; and

(7) Documentation of efficiencies realized in operations, costs, safety, time, and other factors as identified by the program as a direct result of BMP implementation.

(c) A governmental unit with an advanced certification shall implement and maintain records for 2 or more of the following best management practices:

(1) Pre-wetting completed at the salt pile or with a truck-mounted system shall include a description of the location of pre-wetting;

(2) Roadway anti-icing or pre-treatment documentation to include:

a. If making the salt brine, then documentation of the:

i. Date the salt brine was made;

ii. Name and title of individual who mixed the salt brine solution;

iii. Final concentration of salt brine, which shall be produced as a 23.3% solution;

iv. Date the salt brine was applied; and

v. The pavement temperature and weather conditions when applied; or

b. If purchasing premade salt brine, then documentation of the:

i. Name and mailing address of the company where the brine was purchased;

ii. Date the salt brine was applied; and

iii. The pavement temperature and weather conditions when applied;

(3) Documentation of the use of active edge plows (AEPs) shall include:

The number of fleet vehicles outfitted with AEPs; and

b. Photo documentation of each vehicle outfitted with an AEP;

(4) Documentation of the use of Automatic Vehicle Location (AVL) shall include:

Route maps;

b. Photo documentation of the hardware installed in the vehicles; and

c. The number of fleet vehicles outfitted with AVL;

(5) Documentation of the use of electronic spreaders which lock in specific application rates shall include:

Photo documentation of spreaders installed on vehicles; and

b. The number of fleet vehicles outfitted with advanced spreaders;

(6) The use of surface temperature measurements shall include documentation of every time salt, salt brine, or any anti-icing or de-icing material is applied;

(7) Documentation of the increased frequency of equipment calibration shall include the:

a. Calibration of all spreaders which shall be calibrated at the beginning of each season, monthly during the season as part of regular equipment maintenance, and after any servicing of the equipment;

b. Date of calibration(s);

c. Name and title of the individual performing calibration(s); and

d. The discharge rate before and after calibration(s) for all spreaders; and

(8) Advanced documentation of application rates shall include the:

a. Application rates recorded each time vehicles are deployed:

b. Date of vehicle deployment for snow and ice maintenance;

c. Total amount per lane mile for each spreader; and

d. Application rates at pound per lane mile for roadways and pound per square foot for parking lots and walkways for each route.

(d) In addition to implementing and maintaining records for 2 of the BMPs in (c)(1)-(8) above, a governmental unit with an advanced certification shall implement and maintain records for 2 or more of the following best management practices:

(1) Advanced documentation of weather and storm conditions, which shall include the:

a. Beginning and end date and time of each operation deployment;

b. Type of precipitation;

c. Total precipitation accumulation;

d. Road or pavement temperature at time of deployment;

e. Forecasted post-storm temperatures;

f. Source(s) used for storm information and forecast; and

g. Any additional notes that are deemed important for weather and storm conditions;

(2) Documentation of winter road maintenance plans shall include:

a. Route planning;

b. Map or layout of the regular routes that drivers follow in order to maximize efficiency; and

c. A written description or list of the areas and roads that require a higher level of service;

(3) Documentation of preseason hazard assessment shall include a:

Map or layout of possible roadway and parking lot hazards that may affect winter road and lot maintenance; and

b. Written description for how these hazards will be addressed;

(4) Documentation of pre-season and post-season meetings shall include the date, time, and agenda of each meeting;

(5) Designation of low salt or no salt zone(s) documentation shall include a list of the designated low salt streets or zones;

(6) Level of service summary documentation shall include:

a. A description of the expected level of snow and ice maintenance for each type of roadway, lot, and walkway maintained by the governmental unit; and

b. Plowing frequency and expected de-icing and anti-icing materials to be used for each type of roadway; and

(7) Additional training for the governmental unit's designated Green SnowPro Coordinator(s) to include the completion of 2 hours of department approved training annually, beyond the required training specified in Env-Wq 2207.01(c).

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2207.08 Approval of Alternative Best Management Practices {#sec-env-wq-2207.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.08}

(a) A governmental unit requesting alternative best management practices to those established in Env-Wq 2207.07(c) and (d) shall submit the following in writing to the department:

(1) A description of the alternative practice that will be implemented for salt reduction purposes; and

(2) A description of how the alternative practice will aid in salt reduction.

(b) Within 15 working days of the request, the department shall review the request and either:

(1) Notify the governmental unit in writing that the request is approved and any conditions for the approval; or

(2) Deny the request and specify in writing the reasons(s) for the denial.

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2207.09 Recordkeeping and Additional Requirements for Expert Certification {#sec-env-wq-2207.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.09}

A governmental unit with an expert certification shall:

(a) Maintain all the records required by Env-Wq 2207.06;

(b) Complete an annual self-audit report as specified in Env-Wq 2207.07(b);

(c) Implement and document 4 or more of the best management practices as specified under Env-Wq 2207.07(c)(1)-(8); and

(d) Implement and document 4 or more of the best management practices as specified under Env-Wq 2207.07(d)(1)-(7).

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2207.10 Annual Reporting Requirements for Municipal Winter Maintenance Certification. {#sec-env-wq-2207.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.10}

(a) Each governmental unit holding a standard, advanced, or expert municipal winter maintenance certificate shall report the following information annually to the department:

(1) The total salt usage during the preceding winter for all individual municipal employees working under the municipal winter maintenance certificate;

(2) The name of each municipal employee applying de-icing and anti-icing material under the municipal winter maintenance certificate;

(3) The total amount of salt used, in tons of solid salt, and gallons of salt brine;

(4) The total area of paved surface maintained, in square feet, and total number of lane miles treated; and

(5) The type and total amount of each salt alternative used, if any.

(b) Each governmental unit holding an advanced or expert municipal winter maintenance certificate shall submit documentation annually as specified in (a), above, and a completed annual self-audit report as specified in Env-Wq 2207.07(b).

(c) Each governmental unit holding a standard, advanced, or expert municipal winter maintenance certificate shall submit an updated salt reduction plan as required in Env-Wq 2207.06(a)(2) every 5 years.

(d) Documentation of all best management practices implemented for the municipal winter maintenance certification shall be maintained and retained by the governmental unit for a minimum of 6 years.

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2207.11 Revocation of Municipal Winter Maintenance Certificate. {#sec-env-wq-2207.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.11}

If after issuing an initial or renewal certificate the department receives reliable information suggesting that just cause, as specified in Env-Wq 2207.12, exists to revoke the certification, the department shall proceed in accordance with RSA 541-A:30 and the provisions of Env-C 200 that apply to adjudicative proceedings.

History

• #13982, eff 5-24-24

N.H. Code Admin. R. Ann. Env-Wq 2207.12 Acts Justifying Revocation. {#sec-env-wq-2207.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2207.12}

Just cause to revoke a certificate shall include the following:

(a) Submitting false or misleading information regarding any application for initial or renewal certification;

(b) Obtaining certification through fraud, deceit, or intentional falsification; or

(c) Failing to use reasonable care, judgment, and application in performance of duties.

APPENDIX A: STATUTES IMPLEMENTED

Rule Section(s)

State Statute(s) Implemented

Env-Wq 2200 (also see additional statute for specific part, below)

RSA 489-C:2

Env-Wq 2201

RSA 489-C:2

Env-Wq 2202.01-Env-Wq 2202.07

RSA 489-C:2

Env-Wq 2202.08

RSA 489-C:2

Env-Wq 2202.09

RSA 489-C:2

Env-Wq 2202.10

RSA 489-C:2

Env-Wq 2202.11

RSA 489-C:2

Env-Wq 2202.12

RSA 489-C:2

Env-Wq 2202.13

RSA 489-C:2

Env-Wq 2202.14

RSA 489-C:2

Env-Wq 2202.15

RSA 489-C:2

Env-Wq 2202.16

RSA 489-C:2

Env-Wq 2203.01-Env-Wq 2203.06

RSA 489-C:2

Env-Wq 2203.07

RSA 489-C:2

Env-Wq 2204

RSA 489-C:2

Env-Wq 2205 and Env-Wq 2206

RSA 541-A:30, II

Env-Wq 2207.01- Env-Wq 2207.10

RSA 489-C:2-a

Env-Wq 2207.11 and Env-Wq 2207.12

RSA 541-A:30, II

Appendix B: RSA 489-C

RSA 489-C Salt Applicator Certification Option

RSA 489-C:1 Definitions. In this chapter:

I. “Apply salt” means to apply salt or a salt alternative to roadways, parking lots, or sidewalks for the purpose of winter maintenance.

II. “Commercial applicator” means any individual who applies or supervises others who apply salt, but shall not include municipal or state employees.

III. “Commissioner” means the commissioner of the department of environmental services.

IV. “Department” means the department of environmental services.

IV-a. "Municipal winter maintenance certification program" means a program implemented by a governmental unit as defined in RSA 507-B:1, I to maintain public roads, parking areas, and walkways in the winter months to be safe for public passage.

V. “Salt” means sodium chloride, calcium chloride, magnesium chloride, or any other substance containing chloride.

VI. “Salt alternative” means any substance not containing chloride used for the purpose of de-icing or anti-icing.

RSA 489-C:2 Certification Option. Commercial applicators may elect to be annually certified by the department. Applicator certificates shall be issued by the department. Any business that employs multiple commercial applicators may obtain a master certificate for the owner or chief supervisor, and commercial applicators employed by the business may obtain certificates to qualify under the master certificate. Any business holding a master certificate shall ensure that all commercial applicators operating under its master certificate receive the required training and shall provide the required recordkeeping on behalf of all commercial applicators. Annual fees for certificates obtained under a master certificate shall be significantly less than the fees for a master certificate.

489-C:2-a Municipal Winter Maintenance Certification Program Option.

I. Any governmental unit that has a municipal winter maintenance program may elect to have the program certified by the department. Municipal winter maintenance certification program certificates shall be issued by the department and may be renewed annually.

II. Any governmental unit holding a municipal winter maintenance program certificate shall ensure that each applicator operating under its certificate receives the required training approved by the department and shall provide record keeping on behalf of all applicators working under the municipal winter maintenance certificate. A governmental unit may meet the training requirement by requiring its employees to obtain commercial applicator individual certificates.

III. The department may create more than one class of certificate to recognize different complexity levels of municipal winter maintenance programs. If such classes are created, the department shall, through rules adopted pursuant to RSA 541-A, identify the criteria, required record keeping, and other requirements as may apply to each level.

IV. The department shall charge an annual fee for a municipal winter maintenance program certificate.

RSA 489-C:3 Rulemaking Authority. The commissioner shall adopt rules pursuant to RSA 541-A, relative to:

I. Policies and goals for applying salt.

II. Receiving and allocating federal grants and other funds or gifts for the purpose of carrying out any of the provisions of this chapter.

III. The types and frequency of training programs required for certification.

IV. Procedures for commercial applicators to obtain certification.

V. Recordkeeping required for commercial applicators to maintain certification.

VI. Establishing and collecting fees to cover the cost of program implementation.

VII. Procedures for governmental units to obtain certification for their municipal winter maintenance programs.

RSA 489-C:4 Application for Certification. Applications for certification shall be on a form prescribed by the department and shall include the following:

I. The full name and address of the person applying for the certification.

II. The name and address of a person whose domicile is in the state, and who is authorized to receive and accept service of summons and legal notices of all kinds for the applicant.

III. The type of apparatus used to apply salt or salt alternative whether liquid or dry.

IV. Any other information deemed necessary by the department.

RSA 489-C:5 Administration and Enforcement.

I. The commissioner shall administer and enforce the provisions of this chapter.

II. The department may issue an order to any person who is in violation of any provision of this chapter, an applicator certificate issued under this chapter, or a rule adopted under this chapter, to cease and desist from any act in violation of such provision, certification, or rule. Orders of the department under this section shall be effective immediately.

III. The commissioner, after notice and hearing pursuant to RSA 541-A, may revoke the certification of any person who violates this chapter. Rehearings and appeals relating to revocation shall be governed by RSA 541.

IV. There is hereby established a salt application fund. This nonlapsing fund shall be continually appropriated to the department and used to administer the salt applicator certification program under this chapter. Certification fees collected by the department shall be deposited with the state treasurer to the credit of such fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund. No funds from the general fund shall be used to cover the cost of the salt applicator certification program.

Appendix C: Other Relevant Statutes

RSA 507-B:1 Definitions

I. "Governmental unit" means any political subdivision within the state including any county, city, town, precinct, school district, chartered public school, school administrative unit, or departments or agencies thereof, or any other body corporate and politic within the state, but does not include the state or any department or agency thereof.

I-a. "Employee or official of a governmental unit" means any member or officer of its governing board, administrative staff, or agencies, including but not limited to county employees, selectmen, school board members, chartered public school trustees, city councilors and aldermen, town councilors, town and city managers, mayors, regional planning commissioners, town and city health officials, police officers, overseers of public welfare, superintendents of schools, and all other employees and officials whether elected or appointed, and whether paid or unpaid, provided he or she is acting within the scope of his or her official duties.

RSA 508:22 New Section; Liability Limited for Winter Maintenance.

I. No commercial applicator as defined in RSA 489-C:1, II and certified under RSA 489-C:2, or owner, occupant, or lessee of land whose premises is maintained by a commercial applicator certified under RSA 489-C:2, shall be liable for damages arising from insufficiencies or hazards on any premises owned, occupied, maintained, or operated by them, even with actual notice thereof, when such hazards are caused solely by snow or ice, and the commercial applicator’s, owner’s, occupant’s, or lessee’s failure or delay in removing or mitigating such hazards is the result of its implementation, absent gross negligence or reckless disregard of the hazard, of best management practices for winter road, parking lot, and sidewalk maintenance adopted and published by the department of transportation and the department of environmental services. All commercial applicators, owners, occupants, or lessees who adopt such best management practices shall be presumed to be acting pursuant to the best management practices in the absence of proof to the contrary.

II. In order to receive the liability protection provided in paragraph I, a commercial applicator as defined in RSA 489-C:1, II, or an owner, occupant, or lessee of land shall keep a written record describing its winter road, parking lot and property maintenance practices. The written record shall include the type and rate of application of de-icing materials used, the dates of treatment, and the weather conditions for each event requiring de-icing. Such records shall be kept for a period of 3 years.

History

• #13982, eff 5-24-24

Chapter Env-Wq 2300 Cyanobacteria Mitigation Fund (cmf) Program for Eligible Projects

Part Env-Wq 2301 Purpose; Applicability

N.H. Code Admin. R. Ann. Env-Wq 2301.01 Purpose {#sec-env-wq-2301.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2301.01}

The purpose of this chapter is to implement RSA 485-A:58 and RSA 485-A:59 as to establish criteria and procedures for administering cyanobacteria loan and grant programs for eligible projects to assist with the cost of reducing the number of chronic and extended cyanobacteria blooms that the department considers to be a threat to the long term health of waterbodies.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2301.02 Applicability {#sec-env-wq-2301.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2301.02}

This chapter shall only apply to the following entities who apply for funding from the Cyanobacteria Mitigation Fund (CMF):

(a) Municipalities;

(b) Community and non-profit, lake or river watershed associations; and

(c) Community water systems.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

Part Env-Wq 2302 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Env-Wq 2302.01 Administrative costs {#sec-env-wq-2302.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.01}

“Administrative costs” means expenses associated with managing CMF projects. The term includes but is not limited to costs for engineering and other consultants, environmental and technical reviews of proposed projects, participation in state overview inspections, and accounting and disbursement functions.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.02 Allonge {#sec-env-wq-2302.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.02}

“Allonge” means an amendment to initial loan documents in which the final project cost and repayment terms are established.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.03 Applicant {#sec-env-wq-2302.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.03}

“Applicant” means an entity that files an application for financial assistance from the CMF.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.04 Application {#sec-env-wq-2302.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.04}

“Application” means the written document(s), with attachments, through which financial assistance is requested.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.05 Authorized representative {#sec-env-wq-2302.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.05}

“Authorized representative” means an individual authorized by the applicant to sign documents associated with applying for and receiving funds from the CMF.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.06 Best management practice {#sec-env-wq-2302.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.06}

“Best management practice” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices intended to prevent, control, improve, or reduce the discharge of pollutants to surface waters of the state as defined in Env-Wq 2302.44, including requisite planning, land acquisition, design, permitting, and construction.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.07 CMF attorney {#sec-env-wq-2302.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.07}

“CMF attorney” means the attorney(s) under contract to the department for the purpose of providing:

(a) legal review of initial loan documents and allonges; and

(b) other legal services associated with providing financial assistance to non-governmental entities.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.08 CMF financial advisor {#sec-env-wq-2302.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.08}

“CMF financial advisor” means the individual or entity under contract to the department for the purpose of assessing the financial risk of providing financial assistance to non-governmental entities.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.09 Community water system {#sec-env-wq-2302.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.09}

“Community water system” means “community water system” as defined in RSA 485:1-a, I, reprinted in Appendix B.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.10 Construction {#sec-env-wq-2302.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.10}

“Construction” means the erection, building, acquisition, alteration, remodeling, improvement, or extension of any components of best management practices with the purpose of reducing the discharge of pollutants into surface waters of the state as defined in Env-Wq 2302.44.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.11 Costs {#sec-env-wq-2302.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.11}

“Costs” means the applicant’s total direct and incidental costs of a cyanobacteria mitigation project for which funding from the CMF is sought, including acquiring services such as design, engineering, implementation, permitting, and application preparation, acquiring materials and labor, and administrative costs.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.12 Cyanobacteria mitigation project {#sec-env-wq-2302.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.12}

“Cyanobacteria mitigation project” means a project intended to control, improve, or develop a water system’s source of water or its infrastructure, including the requisite planning, land acquisition, design, and construction.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.13 Department {#sec-env-wq-2302.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.13}

“Department” means the department of environmental services.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.14 Disbursement {#sec-env-wq-2302.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.14}

“Disbursement” means a transfer of funds from the CMF to a recipient.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.15 Eligible costs {#sec-env-wq-2302.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.15}

“Eligible costs” means project costs that are eligible for funding from the CMF, in accordance with RSA 485-A:58 and RSA 485-A:59 and this chapter.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.16 Eligible entity {#sec-env-wq-2302.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.16}

“Eligible entity” means an entity that has been determined by the department in accordance with this chapter to be eligible for financial assistance under RSA 485-A:58 and RSA 485-A:59.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.17 Engineering services {#sec-env-wq-2302.17 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.17}

“Engineering services” means consultations, investigations, reports, or other services in any combination relating to the design or construction, or both, of projects for which RSA 310-A requires a licensed professional engineer.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.18 Excusable delay {#sec-env-wq-2302.18 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.18}

“Excusable delay” means a delay that is beyond the recipient’s control in beginning or completing the planning, design, construction, or implementation of a project, such as a delay caused by an act of nature or war.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.19 Final project cost {#sec-env-wq-2302.19 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.19}

“Final project cost” means the dollar amount of eligible project expenditures plus any unpaid interest on the loan accrued during project planning, design, or construction, or any combination thereof.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.20 Financial assistance {#sec-env-wq-2302.20 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.20}

“Financial assistance” means funds provided from the CMF in the form of loan or grant, or a combination thereof, to pay, in whole or in part, eligible costs for a project in any of the formats allowed by RSA 485-A:58 and RSA 485-A:59.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.21 Financial assistance agreement {#sec-env-wq-2302.21 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.21}

“Financial assistance agreement” means the contract between the state and a recipient that establishes the rights and obligations of the state and the recipient relative to financial assistance from the CMF. The term includes original loan agreements, supplemental loan agreements, initial loan documents, allonges, and grant agreements.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED:7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.22 Governing body {#sec-env-wq-2302.22 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.22}

“Governing body” means the group of individuals that has the authority and responsibility to authorize the applicant to enter into contracts and expend funds. The term applies to governmental entities as well as non-governmental entities.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.23 Governmental entity {#sec-env-wq-2302.23 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.23}

“Governmental entity” means any of the following:

(a) Any state agency, board, or commission;

(b) Any political subdivision of the state, including but not limited to a county, city, town, or district; and

(c) Any other public body created under state law.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.24 Grant agreement {#sec-env-wq-2302.24 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.24}

“Grant agreement” means the financial assistance agreement between the state and a recipient through which the state agrees to provide grant funds approved by the department from the CMF to the recipient and the recipient agrees to use the grant funds as specified in its application as approved by the department.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.25 Impairment {#sec-env-wq-2302.25 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.25}

“Impairment” means conditions causing violations of applicable water quality criteria such that any existing or designated use is not met.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.26 Initial loan documents {#sec-env-wq-2302.26 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.26}

“Initial loan documents” means the initial financial assistance agreement between the state and a non-governmental recipient through which the state agrees to provide funds from the CMF to the recipient, and the recipient promises to use the funds as specified in its application and to repay the funds to the CMF.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.27 Initiation of operation {#sec-env-wq-2302.27 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.27}

“Initiation of operation” means a project that was funded in whole or in part using funds from the CMF is placed into use for the purposes for which it was intended.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.28 Materially or significantly affect project cost or estimated revenues {#sec-env-wq-2302.28 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.28}

“Materially or significantly affect project cost or estimated revenues” means a change in estimated costs or revenues of more than 10%.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.29 Materially or significantly affect project design {#sec-env-wq-2302.29 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.29}

“Materially or significantly affect project design” means a change that would:

(a) Alter the project’s performance standards;

(b) Alter the type of best management practice provided by the project;

(c) Delay or accelerate the project schedule by more than 10%; or

(d) Alter the design drawings and specifications, or the location, size, capacity, or quality of any major part of the project, such that amended plans and specifications are required for department approval under RSA 485-A:59, I(c)(2).

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.30 Municipality {#sec-env-wq-2302.30 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.30}

“Municipality” means a town, city, school district, or village district.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.31 Original loan agreement (OLA) {#sec-env-wq-2302.31 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.31}

“Original loan agreement (OLA)” means the initial financial assistance agreement between the state and a governmental recipient through which the state agrees to provide funds from the CMF to the recipient and the recipient promises to repay the funds to the CMF.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.32 Person {#sec-env-wq-2302.32 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.32}

“Person” means “person” as defined in RSA 485:1-a, XIII, reprinted in Appendix B.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.33 Planning {#sec-env-wq-2302.33 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.33}

“Planning” means preparing and evaluating reports and studies of alternative cyanobacteria mitigation solutions in order to select the most cost-effective feasible option.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.34 Pledge {#sec-env-wq-2302.34 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.34}

“Pledge” means the act or process through which a recipient commits, obligates, and encumbers its real or personal property or its existing or anticipated revenues to the state as security and means for repayment of the financial assistance received by the recipient from the CMF.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.35 Project {#sec-env-wq-2302.35 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.35}

“Project” means a cyanobacteria mitigation implementation project proposed to be completed with CMF funding, including any or all aspects of the project that are necessary to meet the objectives of RSA 485-A:58 and 485-A:59.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.36 Recipient {#sec-env-wq-2302.36 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.36}

“Recipient” means an applicant that receives financial assistance from the CMF.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.37 Repayment {#sec-env-wq-2302.37 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.37}

“Repayment” means the payment of principal or interest, or both, on funds received as a loan by a recipient from the CMF.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.38 Resident project representative {#sec-env-wq-2302.38 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.38}

“Resident project representative” means an individual who is qualified to the satisfaction of the recipient, in consultation with the department, by reason of education and experience to inspect construction projects.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.39 Scheduled completion date {#sec-env-wq-2302.39 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.39}

“Scheduled completion date” means the date stated in the original loan agreement, initial loan documents, or grant agreement on which the construction project that received CMF funds is intended to be placed into use for the purposes for which it was intended.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.40 Security {#sec-env-wq-2302.40 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.40}

“Security” means real or personal property or other collateral that is pledged by a non-governmental recipient to ensure repayment of a loan to the state.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.41 State {#sec-env-wq-2302.41 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.41}

“State” means the state of New Hampshire.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.42 Substantial completion {#sec-env-wq-2302.42 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.42}

“Substantial completion” means that construction of the project, or a discrete part thereof, is sufficiently completed that the project or discrete part can be used for the purposes for which it is intended.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.43 Supplemental loan agreement {#sec-env-wq-2302.43 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.43}

“Supplemental loan agreement” means an amendment to the original loan agreement between the state and a recipient that stipulates the final project cost and applicable repayment terms.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.44 Surface waters of the state {#sec-env-wq-2302.44 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.44}

“Surface waters of the state” means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural, or artificial.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.45 User charge {#sec-env-wq-2302.45 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.45}

“User charge” means a charge levied on users of a water system for the user’s share of the cost of water system operation and maintenance, plus any allocable portion of capital improvements.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.46 Watershed management plan {#sec-env-wq-2302.46 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.46}

“Watershed management plan” means a document that describes the water resource assessments, management strategies, and restoration and protection plans to guide efforts to protect and restore water quality. These plans contain an emphasis on controlling external and internal nutrient loads to meet surface water quality standards.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2302.47 Water system {#sec-env-wq-2302.47 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2302.47}

“Water system” means “public water system” as defined by RSA 485:1-a, XV, reprinted in Appendix B.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

Part Env-Wq 2303 Eligibility; Application Requirements

N.H. Code Admin. R. Ann. Env-Wq 2303.01 Eligible Projects and Costs {#sec-env-wq-2303.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2303.01}

(a) The eligible entities listed in Env-Wq 2301.02 shall be eligible to apply for financial assistance from the CMF:

(1) For mitigation projects in watersheds that have surface waters that have chronic and extended cyanobacteria blooms that the department considers to be a threat to the long term health of waterbodies; or

(2) That have a department-approved watershed management plan specifying sources of nutrient loading.

(b) All applications for projects proposed for financial assistance shall demonstrate that:

(1) The proposed project is the most cost-effective solution;

(2) Alternative low or no-cost solutions are neither viable nor effective; and

(3) The project is or was necessary to reduce nutrient pollutant loading identified in a watershed management plan.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2303.02 Additional Eligibility Criteria for CMF-Funded Projects {#sec-env-wq-2303.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2303.02}

In order to be eligible for financial assistance from the CMF:

(a) All proposed projects shall:

(1) Comply with applicable federal requirements;

(2) Comply with state permitting as specified in Env-Wq 300 or any other applicable state permitting program; and

(3) Propose an achievable water quality target that is expected to reduce the likelihood of or the occurrence of chronic and extended cyanobacteria blooms that the department considers to be a threat to the long term health of waterbodies; and

(b) For projects with a department-approved watershed management plan targeting external nutrient loading, the following criteria shall be met:

(1) The project shall have a 20-year life expectancy of the practice from the estimated date of initiation of operation;

(2) The project shall reduce the external nutrient load towards achieving the desired surface water conditions;

(3) The waterbody of interest is listed as an impaired waterbody or an impairment listing is imminent as determined by the department based on the available water quality information on the waterbody;

(4) The project has an emphasis on controlling external nutrient loads, to the extent possible and reasonable, prior to or in conjunction with efforts to reduce internal nutrient loads necessary for achieving the desired surface water conditions;

(5) The project has a commitment to address external and internal nutrient loads that includes the specific projects identified in the watershed management plan required to achieve the surface water conditions; and

(6) The project demonstrates participation and commitments to external nutrient load reductions from stakeholders, landowners, other agencies, organizations, and municipalities; and

(c) For projects intended to reduce in-lake sources of nutrients, the following criteria shall be met:

(1) The project shall reduce the internal nutrient load towards achieving the desired surface water conditions;

(2) The project has a watershed management plan that addresses external nutrient loading;

(3) The waterbody of interest is listed as an impaired waterbody or an impairment listing is imminent as determined by the department based on the available water quality information on the waterbody;

(4) The watershed management plan contains an emphasis on controlling external nutrient loads, to the extent possible and reasonable, as determined by the department, prior to, in conjunction with, or within a reasonable timeframe after efforts to reduce internal nutrient loads;

(5) The project minimizes the risk of environmental harm to aquatic plants and animals and will not cause or contribute to additional water quality impairments of the waterbody over the long term; and

(6) In cases where nutrient load reduction is the focus of the proposed project, the estimated in-lake nutrient load is greater than 20% of the total nutrient loading described in the watershed management plan; and

(d) The applicant demonstrates that the project is ready to be implemented upon receipt of approved funding.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2303.03 Application Procedures {#sec-env-wq-2303.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2303.03}

Any entity meeting the eligibility requirements of Env-Wq 2303.01 and Env-Wq 2303.02 that requests to receive financial assistance from the CMF for a cyanobacteria mitigation project shall file an application by:

(a) Completing an application for a loan or grant or both to reduce the occurrence of cyanobacteria as described in Env-Wq 2303.04;

(b) Signing and certifying the application as described in Env-Wq 2303; and

(c) Submitting the completed, signed eligibility request:

(1) Electronically to the CMF Program Supervisor; or

(2) In writing, by US Postal Service mail, private delivery service, or other in-hand delivery to:

NHDES CMF Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2303.04 Application Information for Cyanobacteria Mitigation Projects {#sec-env-wq-2303.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2303.04}

To be processed as provided in Env-Wq 2303.06(a), the applicant shall provide the following information to the department:

(a) The organization name and the town or city in which it is located;

(b) The name, title, email address, affiliation, street address, city, state, zipcode, and daytime telephone number of the applicant’s point of contact for the application;

(c) The project title;

(d) The authorized representative name, title, and affiliation;

(e) The towns or cities in which the project is located;

(f) The waterbody affected by the project;

(g) A project location map showing the watershed of the waterbody and relevant project site locations;

(h) A concise description of the proposed project and of the need for the proposed project, including how it will address cyanobacteria, together with a brief description of the alternatives that have been considered and a demonstration of how the eligibility requirements of Env-Wq 2303.01 and Env-Wq 2303.02 are met;

(i) A statement relative to the transmittal of the application to the department dated and signed by the applicant’s authorized representative with their name and title printed;

(j) A description of how the project implements actions from the watershed management plan;

(k) A description of how the project is or was necessary to reduce nutrient loading identified in the watershed management plan, as specified in RSA 485-A:59, I(c)(1);

(l) A summary of the existing conditions;

(m) The basis of design for the project, which may include but is not limited to flows, dosing, and construction plans, and the necessary information to develop the most current cost estimate, as described in Env-Wq 2303.04(n);

(n) The most current estimate of the total project costs itemized and including an explanation of the basis of the cost estimates and a statement of all assumptions made in developing the cost estimate;

(o) The date the applicant received governing body approval to borrow funds for the project or the date the applicant anticipates receiving such approval;

(p) The anticipated date that the project will start and be completed;

(q) A project schedule with a list and descriptions of project milestones and target dates to achieve each milestone;

(r) The source of other funding contributing to the project, if any, and for each source the amount and status of the funding;

(s) A summary of the nutrient load reduction actions and estimated nutrient load reductions completed at the time of the application;

(t) A description of the participation and commitments to reducing external nutrient loads expected and on-going from stakeholders, landowners, other agencies, organizations, and municipalities, as applicable;

(u) A list including a timeline of the external nutrient load reduction actions identified in the watershed management plan that will be completed and the estimated nutrient load reductions for each action, including the project;

(v) The amount of loan or grant requested; and

(w) The loan term requested, which shall be 5, 10, 15, or 20 years, provided the loan term shall not exceed the design life of the project for which the loan is being requested.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2303.05 Application Signatures and Certifications {#sec-env-wq-2303.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2303.05}

(a) The date the application is received by the department shall constitute the date of the application.

(b) Submission of the application, whether electronically or on paper, shall constitute certification by the applicant that:

(1) The information provided is true, not misleading, and as complete as practicable, to the best knowledge and belief of the applicant; and

(2) The applicant understands that any department determination that the applicant and the applicant’s project qualifies for funding from the CMF that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2303.06 Department Processing of Applications {#sec-env-wq-2303.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2303.06}

(a) The department shall consider each application in the order in which the applications were received if:

(1) The application contains all of the information required by Env-Wq 2303.04 and is therefore complete;

(2) The applicant is an eligible entity as specified in Env-Wq 2301;

(3) The proposed project meets the criteria specified in Env-Wq 2303.01 and Env-Wq 2303.02; and

(4) There are sufficient funds available in the CMF.

(b) The department shall notify the applicant in writing within 30 days of receipt of the application if it determines that the application is not complete pursuant to (a)(1) above and shall notify the applicant of the deadline for submitting the required information;

(c) The department shall notify the applicant in writing within 60 days of receipt of a complete application of whether the application is approved or denied.

(d) If the department determines that the application meets the criteria in (a), above, the department shall provide written notice of the amount of grant, loan, or combination awarded for the project and instructions for filing additional documents required by the department as described in Env-Wq 2304.01, including the applicant’s and department’s agreed-to deadline for filing the additional documents.

(e) If the department determines that the application does not meet the criteria in (a), above, the department shall notify the applicant of the reason(s) for the determination in writing.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

Part Env-Wq 2304 Procedures for Receipt of Cyanobacteria Mitigation Loan and Grant Funds

N.H. Code Admin. R. Ann. Env-Wq 2304.01 Requirements and Procedures {#sec-env-wq-2304.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2304.01}

(a) An applicant whose cyanobacteria mitigation project is determined by the department to meet the criteria in Env-Wq 2303.06(a) and who wishes to obtain funding shall submit to the department the following:

(1) The information specified in Env-Wq 2304.03;

(2) For loans, confirmation of the applicant’s authority to borrow as specified in Env-Wq 2304.04;

(3) For grants, confirmation of the applicant’s authority to accept grant funds as specified in Env- Wq 2304.05;

(4) The bank information specified in Env-Wq 2304.06; and

(5) For loans, verification of a revenue program as specified in Env-Wq 2304.07.

(b) The department shall suspend further action on the request for funding if any of the following are true:

(1) The department receives additional information supporting that the project is ineligible pursuant to Env-Wq 2303;

(2) The applicant informs the department in writing that it does not intend to pursue financial assistance from the CMF;

(3) The applicant does not submit the information to request funding by the agreed-to deadline stated in the instructions sent pursuant to Env-Wq 2303.06(b); or

(4) Insufficient funds remain in the CMF account to execute the loan or grant.

(c) The department shall notify the applicant in writing if processing is suspended under (b)(1), (b)(3), or (b)(4), above.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2304.02 Conditions Arising from Application; No Impact on Other Authority {#sec-env-wq-2304.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2304.02}

(a) By applying for financial assistance, the applicant shall agree to the following:

(1) From the time of first application for financial assistance for a project throughout all stages of design and implementation, and at any other time while any assistance from the CMF to the applicant is outstanding, the recipient shall allow the department to inspect, as provided in Env-Wq 2307.03 and Env-Wq 2307.07:

a. the project site and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project for which application is made; and

b. Any and all books, accounts, records, contracts or other instruments, documents, and other information possessed by the recipient or its contractors, agents, employees, or representatives which relate in any respect to the receipt, deposit, or expenditure of financial assistance funds; and

(2) After project completion, the recipient shall allow the department to conduct periodic site visits to confirm that the project is functioning as intended for the period of time indicated in the grant or loan agreement.

(b) Nothing in these rules shall prevent the department from exercising any inspection or other regulatory authority relative to the applicant’s project or other regulated facilities conferred on the department by any provision of law.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2304.03 Information Required to Request Funding {#sec-env-wq-2304.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2304.03}

The applicant shall provide the following information for a request for funding for a cyanobacteria mitigation project:

(a) (The applicant’s name, mailing address, including street name and number or post office box number, city or town, and zip code including 4-digit extension;

(b) Whether the applicant is a governmental or non-governmental eligible entity;

(c) The name, title, email address, and daytime telephone number including area code of the applicant’s contact for:

(1) Questions regarding the request for funding; and

(2) Repayment billing;

(d) A short title for the project;

(e) The primary location where the project is proposed to be implemented;

(f) An estimate of the following project costs:

(1) Estimated cyanobacteria mitigation project costs;

(2) A contingency of 10%;

(3) Estimated planning, design, and engineering costs, which may include application preparation costs;

(4) The amount and a description of any other costs that are necessary for the project; and

(5) The total estimated costs;

(g) The amount of the loan or grant being requested;

(h) The loan term requested, which shall be 5, 10, 15, or 20 years, provided the loan term shall not exceed the design life of the best management practice for which the loan is being requested;

(i) The tentative project schedule, including:

(1) The actual or anticipated date the applicant was or will be authorized by its governing body to borrow or receive funds for the project;

(2) The actual or anticipated date the project was or will be started;

(3) The anticipated date the project will be completed;

(j) A state vendor code number obtained pursuant to the vendor code requirements established by the New Hampshire department of administrative services, Adm 603;

(k) The name and title of the individual authorized by the applicant to sign the application on behalf of the applicant;

(l) For governmental applicants, a letter signed by an authorized representative stating whether or not the applicant has any debt outside the NH Municipal Bond Bank and, if the debt is rated, the rating;

(m) For non-governmental applicants, documentation of the extent of the applicant’s existing debt; and

(n) A copy of the applicant’s latest annual report or financial statements.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2304.04 Applicant’s Authority to Borrow {#sec-env-wq-2304.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2304.04}

(a) For a governmental applicant, the confirmation required by Env-Wq 2304.01(a)(2) shall consist of proof that the applicant’s governing body passed or approved a valid warrant article or resolution, as applicable, that:

(1) Authorizes the applicant to:

a. Raise, appropriate, and spend the amount of funds to be requested for the identified project;

b. Apply for funding from the CMF for the identified project; and

c. Enter into a binding financial agreement to repay all funds that are received as a loan;

(2) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(3) Identifies, by name and title, each individual who is authorized to sign the original loan agreement and supplemental loan agreement should funds be awarded;

(4) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements; and

(5) Is signed and certified as provided in Env-Wq 2304.08.

(b) For a non-governmental applicant, the confirmation required by Env-Wq 2304.01(a)(2) shall consist of proof that the applicant’s governing body passed a valid resolution that:

(6) Authorizes the applicant to:

a. Apply for funding from the CMF for the identified project;

b. Enter into a binding contract to repay all funds that are received as a loan; and

c. Pledge security to the state to ensure such repayment;

(7) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(8) Includes any other approval actions required to authorize borrowing of funds;

(9) Identifies, by name and title, each individual who is authorized to sign the initial loan document, allonge, and such promissory notes and security instruments as are required to complete the pledge of security should funds be awarded;

(10) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements; and

(11) Is signed and certified as provided in Env-Wq 2304.08.

(c) A non-governmental applicant shall submit with the proof required by (b), above, copies of:

(12) The applicant’s bylaws or articles of incorporation, or both, as applicable; and

(13) The approved minutes of the meeting at which the resolution was approved.

(d) The proof required by (a) or (b), above, shall be in a written document that is certified and sealed by:

(14) The town clerk or equivalent for a governmental entity; or

(15) The board secretary or comparable official for a non-governmental entity.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2304.05 Applicant’s Authority to Accept Grant Funds {#sec-env-wq-2304.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2304.05}

(a) For a governmental applicant, the confirmation required by Env-Wq 2304.01(a)(3) shall consist of proof that the applicant’s governing body passed or approved a valid warrant article or resolution, as applicable, that authorizes the applicant to accept grant funds either in general or specifically from the CMF for the identified project.

(b) For a non-governmental applicant, the confirmation required by Env-Wq 2304.01(a)(3) shall consist of proof that the applicant’s governing body passed a valid resolution that authorizes the applicant to accept grant funds either in general or specifically from the CMF for the identified project.

(c) A non-governmental applicant shall submit with the proof required by (b), above, copies of the approved minutes of the meeting at which the resolution provided pursuant to (b), above, was approved.

(d) The proof required by (a) or (b), above, shall be in a written document that is certified by:

(1) The town clerk or equivalent for a governmental entity; or

(2) The board secretary or comparable official for a non-governmental entity.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2304.06 Bank Information {#sec-env-wq-2304.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2304.06}

The bank information required by Env-Wq 2304.01(a)(4) shall be as follows:

(a) The name of the recipient;

(b) The department-assigned project number;

(c) The name, title, daytime telephone and fax numbers including area code, and email address of the individual who shall be the contact for billing and notifications of fund transfers;

(d) The name, title, daytime telephone and fax numbers including area code, and email address of the individual who shall be the contact for audits;

(e) The name, mailing address, and main telephone number including area code of the recipient’s financial institution;

(f) The name, title, daytime telephone and fax numbers including area code, and email address of the recipient’s point of contact at the financial institution;

(g) The recipient’s financial institution’s American Bankers Association (ABA) routing number for Automated Clearing House (ACH) transactions;

(h) The name on the account and the type of account, for example checking or savings; and

(i) The account number.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2304.07 Establishment and Verification of Revenue Program {#sec-env-wq-2304.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2304.07}

(a) The applicant shall establish:

(1) A schedule of user charges that is designed to generate sufficient revenues to cover operation and maintenance expenses as well as any allocable portion of capital improvements; and

(2) A dedicated source or sources of revenue to repay the loan.

(b) For purposes of (a)(2), above, a revenue source shall be considered dedicated when the recipient passes or adopts an ordinance or other binding resolution committing the source of funds for repayment to the CMF.

(c) The applicant’s ordinance or other binding resolution dedicating a source of funding for repayment of the loan shall be in effect and binding on the applicant prior to the loan agreement taking effect.

(d) For an applicant that is a governmental entity, the verification required by Env-Wq 2304.01(a)(5) shall be made by providing the following information:

(1) Certification that the applicant has the financial capability to support the project loan repayment;

(2) Identification of the source of repayment;

(3) Affirmation that the applicant will conduct and report on a financial audit, including compliance and controls, in any calendar year it receives CMF funds in excess of $500,000;

(4) A statement whether or not the applicant has existing debt outside the New Hampshire municipal bond bank and, if so, the amount of the debt and whether the debt is rated and, if the debt is rated, the rating; and

(5) Signature certifying the verification information, as provided in Env-Wq 2304.08.

(e) For an applicant that is a non-governmental entity, the verification required by Env-Wq 2304.01(a)(5) shall be made by providing the following information:

(1) Identification of the source of repayment;

(2) Certification that the applicant:

a. Has the financial capability to support both the project loan repayment and continuing operation and maintenance where appropriate, as determined by the department for the funded improvements; and

b. Will conduct and report on a financial audit, including compliance and controls, in any calendar year it receives CMF funds in excess of $500,000; and

(3) Signature certifying the verification information, as provided in Env-Wq 2304.08.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2304.08 Signatures and Certifications for Requests for Funding and Associated Documents {#sec-env-wq-2304.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2304.08}

(a) The applicant’s authorized representative shall sign and date the request for funding as follows:

(1) If the applicant uses a paper-based submittal, the authorized representative shall sign and date the application and print his or her name and title in the location indicated; and

(2) If the applicant submits electronically, the date the submission is received by the department shall constitute the date of the request for funding.

(b) Submission of the request for funding, whether electronically or on paper, shall constitute certification by the signer that:

(1) The signer has been duly authorized by the applicant to sign the application;

(2) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(3) The applicant understands that any department determination that the applicant and the applicant’s project qualifies for funding from the CMF that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2304.09 Processing for Receipt of Funds {#sec-env-wq-2304.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2304.09}

(a) The department shall determine that the request for funding is complete and all or a portion of the proposed project is eligible for financial assistance from the CMF if:

(1) All or a portion of the proposed project is within the scope of eligible projects identified in Env-Wq 2303;

(2) The applicant has submitted all information and documents required by Env-Wq 2304.01; and

(3) The applicant has signed the application as required by Env-Wq 2304.08.

(b) The department shall notify the applicant in writing of its project eligibility determination.

(c) If the department determines that the applicant’s project is not eligible, the notice sent pursuant to (b), above, shall specify the reason(s) for the determination and inform the applicant that the department shall reconsider the determination if the applicant submits modified or supplemental information at the request of the department.

(d) If the applicant wants the department to reconsider its determination that a project is ineligible, the applicant shall submit modified or supplemental information within 30 days of the date of the notice and request the department to reconsider its decision in light of the new information.

(e) Upon receipt of a request to reconsider in light of new information, the department shall review the information and make a decision in accordance with (a) through (c), above, except that no further reconsideration shall occur.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

Part Env-Wq 2305 Financial Assistance; Payments; Accounting

N.H. Code Admin. R. Ann. Env-Wq 2305.01 Types of Assistance and Related Conditions {#sec-env-wq-2305.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.01}

(a) Financial assistance awarded by the department shall be one of the following:

(1) A grant;

(2) A loan;

(3) A combination of a grant and a loan; or

(4) A combination of a grant, a loan, and loan forgiveness.

(b) Loans awarded by the department shall be made only with the following conditions:

(1) A loan shall have a term not to exceed the maximum number of years specified in the request for funding;

(2) Principal and interest payments shall commence within one year of substantial project completion for cyanobacteria mitigation projects;

(3) The recipient shall establish a dedicated source of revenue for repayment of the loan in accordance with Env-Wq 2304.07;

(4) The recipient has completed all necessary documentation and agreements required by the department to issue a loan; and

(5) The loan has been approved by the governor and executive council (G&C).

(c) Grants awarded by the department shall be made with the following conditions:

(1) The recipient has completed all necessary documentation and agreements required by the department to issue a grant; and

(2) The grant has been approved by the G&C.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.02 Original Loan Agreements (OLAs) for Governmental Entities {#sec-env-wq-2305.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.02}

(a) Following acceptance of a request for funding from a governmental entity and upon determining that funds are available, the department shall prepare an original loan agreement (OLA) that contains the following provisions:

(1) The loan amount;

(2) The interest rate for the loan;

(3) The length of the repayment term;

(4) A description of the cyanobacteria mitigation project costs, as applicable;

(5) Authorization for representatives of the department to examine any of the loan recipient’s records that pertain to transactions relating to the loan agreement, construction contracts, engineering contracts, or other consulting contracts for the purpose of inspection, audit, and copying during normal business hours;

(6) A requirement for the recipient to develop and adhere to an operation and maintenance plan where appropriate and as determined by the department for the funded improvements which may include long-term monitoring of an in-lake treatment; and

(7) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(b) The department shall transmit the OLA to the recipient for review. If the recipient agrees with the terms, the recipient shall sign and date the OLA and return the signed OLA to the department.

(c) Upon receipt of a signed OLA, the department shall sign the OLA and submit the OLA to the G&C for approval.

(d) If approved by the G&C, then:

(1) The OLA shall be effective upon approval by the G&C; and

(2) The department shall send a copy of the approved OLA to the recipient.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.03 Initial Loan Documents (ILDs) for Non-Governmental Entities {#sec-env-wq-2305.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.03}

(a) Following acceptance of a request for funding from a non-governmental entity and upon determining that funds are available, the department shall send the applicant’s financial information to the CMF financial advisor for review.

(b) If the department determines, based on the assessment provided by the CMF financial advisor, that lending money to the applicant would not pose an unreasonable risk of loss due to non-repayment of funds provided to the applicant, the department shall prepare the initial loan documents (ILD) that contain the following provisions:

(1) The loan amount;

(2) The interest rate for the loan;

(3) The length of the repayment term;

(4) A description of the cyanobacteria mitigation project costs, as applicable;

(5) Authorization for representatives of the department to examine any of the loan recipient’s records that pertain to transactions relating to the loan agreement, construction contracts, or engineering contracts for the purpose of inspection, audit, and copying during normal business hours;

(6) A requirement for the recipient to develop and adhere to an operation and maintenance plan where appropriate and as determined by the department for the funded improvements which may include long-term monitoring of an in-lake treatment;

(7) Security for the loan; and

(8) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(c) The department shall send the drafted ILD to the CMF attorney and to the applicant for review and comment.

(d) If the applicant agrees to the terms of the ILD and the CMF attorney does not identify issues that could cause the ILD to not be enforceable, the department shall submit the unsigned ILD to the G&C for approval.

(e) If the G&C approves the ILD, the department and the recipient shall schedule a loan closing for a mutually-acceptable date and time.

(f) The recipient shall bring the following documents to the closing:

(1) Proof of authority to enter into contracts in New Hampshire, such as a certificate of good standing from the New Hampshire secretary of state’s office that is valid on the date of the loan closing;

(2) If the recipient was formed under the laws of a jurisdiction other than New Hampshire, a certificate of good standing from the state of incorporation or other registration that is valid as of the date of the loan closing; and

(3) Any additional documents identified by the CMF attorney and identified in the loan closing agenda.

(g) After the recipient signs the ILD, the department shall:

(1) Sign the ILD; and

(2) Provide a copy of the signed ILD to the recipient, the CMF financial advisor, and the CMF attorney.

(h) The ILD shall be effective upon signing by the recipient and the department.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.04 Grant Agreement (GA) Documents {#sec-env-wq-2305.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.04}

(a) Following acceptance of a request for funding for a grant and upon determining that funds are available, the department shall prepare a grant agreement (GA) that contains the following provisions:

(1) The grant amount;

(2) Project scope and budget;

(3) Grant payment terms;

(4) Authorization for representatives of the department to examine any of the grant recipient’s records that pertain to transactions relating to the grant agreement, construction contracts, engineering contracts, or other consulting contracts for the purpose of inspection, audit, and copying during normal business hours;

(5) A requirement for the recipient to develop and adhere to an operation and maintenance plan where appropriate and as determined by the department for the funded improvements which may include long-term monitoring of an in-lake treatment;

(6) Any other provision(s) required by the department, such as submittal of plans, specifications, and contract documents, or contract bidding requirements; and

(7) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(b) The department shall transmit the GA to the recipient for review. If the recipient agrees with the terms, the recipient shall sign and date the GA and return the signed GA to the department.

(c) Upon receipt of a signed GA, the department shall sign the GA and submit the GA to the G&C for approval.

(d) If approved by the G&C, then:

(1) The GA shall be effective upon approval; and

(2) The department shall send a copy of the approved GA to the recipient.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.05 Interest Rates Established {#sec-env-wq-2305.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.05}

(a) The interest rate charged on the outstanding balance of disbursed funds prior to the scheduled completion date or substantial completion date for a cyanobacteria mitigation project shall be equal to 1.0 % annually.

(b) The interest rate charged on the outstanding balance of disbursed funds after the date of scheduled completion or substantial completion, whichever is earlier, for a cyanobacteria mitigation project shall be the interest rate established pursuant to (c), below, that is in effect at the time the loan agreement is transmitted to the recipient pursuant to Env-Wq 2305.02(b) or Env-Wq 2305.03(c), as applicable.

(c) The department shall establish the interest rates for all loans annually on the first Thursday in August based on the 11-Bond Index published the last week of July in The Bond Buyer, as provided by the New Hampshire treasury department.

(d) Provisions of federal law that apply when federal funding is received shall not apply to CMF-funded projects unless the project receives federal funding from another source.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.06 Accrual of Interest Charges {#sec-env-wq-2305.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.06}

(a) Interest on any loan funds disbursed to the recipient shall begin to accrue on the date of each disbursement of such funds by the state.

(b) The recipient shall pay interest charges incurred on disbursed funds by choosing to pay:

(1) Prior to the commencement of the loan repayment;

(2) At the time of the first repayment;

(3) By adding the accrued interest to the outstanding principal balance, provided the resulting balance does not exceed the amount of the approved loan; or

(4) A combination of (1) through (3), above.

(c) The interest rate during loan repayment shall be fixed over the loan repayment period.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.07 Timely Use of Funds {#sec-env-wq-2305.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.07}

(a) A recipient shall begin to expend funds within 6 months of the effective date of the grant agreement, original loan agreement, or initial loan documents, as applicable.

(b) If a recipient fails to comply with (a), above, the department shall request the recipient to show cause why the loan or grant should not be cancelled.

(c) The department’s request shall:

(1) Be in writing;

(2) Specify a date by which the recipient shall respond to the request, which shall be not less than 20 working days from the date of the notice; and

(3) Inform the recipient that the recipient may request an adjudicative hearing prior to the loan being cancelled.

(d) If the recipient wishes to have an adjudicative hearing, the recipient shall:

(1) Respond in writing to the request sent by the department pursuant to (b), above; and

(2) Include a request for a hearing in the response.

(e) If the recipient requests an adjudicative hearing and a settlement is not reached, the hearing shall be conducted in accordance with the provisions of Env-C 200 that apply to such hearings.

(f) If the recipient shows that the delay in expending funds was based on an excusable delay, the department shall not cancel the grant or loan, as applicable.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.08 Disbursement Requests {#sec-env-wq-2305.08 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.08}

(a) To obtain a disbursement for eligible costs from the funds awarded for a cyanobacteria mitigation project, the recipient shall submit a written disbursement request to the department by mail or email.

(b) The written request shall include the following, as applicable to the request:

(1) A written request for disbursement that includes the information specified in (c), below, and is signed as specified in (c)(10), below; and

(2) As applicable:

a. Invoices for equipment and materials delivered and properly stored;

b. Invoices for engineering or consulting services;

c. Payment requisitions from the contractor(s); and

d. Invoices for eligible work not covered under a. through c., above.

(c) The request for disbursement shall include the following:

(1) The name and mailing address of the recipient;

(2) The total amount of the original loan or grant;

(3) The CMF project number and disbursement request number;

(4) Whether the request is for a partial payment or for final payment;

(5) The start and end dates of the period covered by the request;

(6) For each of the following classifications, the amount for the total project, the amount determined to be CMF eligible, the amount included in previous requests, and the amount of the current request, as applicable:

a. Administrative costs;

b. Pre-cyanobacteria mitigation costs;

c. Cyanobacteria mitigation project implementation costs;

d. Project administration;

e. Equipment;

f. Miscellaneous costs; and

g. Other, with a brief description;

(7) The total for each category of costs identified in (6), above;

(8) The percent of the loan or grant previously disbursed;

(9) The total percent of loan or grant disbursed including the current request; and

(10) The name, title, and signature of the authorized representative.

(d) The recipient shall not make disbursement requests more frequently than once per calendar month per loan or grant.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.09 Disbursements {#sec-env-wq-2305.09 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.09}

(a) The department shall approve a request submitted as specified in Env-Wq 2305.08 if it determines:

(1) The costs covered by the request are eligible costs covered by the recipient’s financial assistance agreement; and

(2) The costs have not been covered by any previous disbursement.

(b) Upon approval of the request, the department shall authorize the disbursement to be made from the CMF, subject to Env-Wq 2305.10.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.10 Assurances for Cyanobacteria Mitigation Projects {#sec-env-wq-2305.10 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.10}

The department shall not disburse any CMF funds for a cyanobacteria mitigation project until the recipient provides evidence of the following:

(a) Approved project plans and specifications, if applicable;

(b) A written agreement to maintain project financial accounts in accordance with Env-Wq 2305.16 and to maintain project accounts as separate accounts; and

(c) A written agreement to provide notice of initiation of operation to the department upon beginning operation of the project.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.11 Supplemental Loan Agreement for Loans to Governmental Recipients {#sec-env-wq-2305.11 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.11}

(a) Upon completion of a project by a governmental recipient, the department shall:

(1) Prepare a supplemental loan agreement (SLA) to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate as stated in the OLA; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the SLA to the recipient, who shall review and sign it.

(b) Upon receipt of the signed SLA, the department shall sign the SLA and send a copy thereof to the recipient.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.12 Allonge for Loans to Non-Governmental Recipients for Construction Projects {#sec-env-wq-2305.12 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.12}

(a) Upon completion of a project by a non-governmental recipient, the department shall:

(1) Prepare an allonge to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate as stated in the ILD; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the allonge to:

a. The CMF attorney for review; and

b. The recipient, who shall review and sign it.

(b) Upon receipt of a signed allonge, the department shall sign the allonge and send a copy thereof to the recipient.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.13 Loan Repayment {#sec-env-wq-2305.13 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.13}

(a) The recipient shall repay all funds received and interest accrued thereon to the department as stipulated in the SLA or allonge, as applicable.

(b) The department shall deposit all funds that are repaid under this chapter to be credited directly to the CMF established in RSA 485-A:61.

(c) The loan repayment shall:

(1) Not exceed the loan term established in the SLA or allonge;

(2) For governmental recipients, begin by the earlier of one year following substantial completion of the project or one year following the scheduled completion date as stated in the OLA; and

(3) For non-governmental recipients:

a. Commence interest-only payments by 6 months following the earlier of substantial completion of the project or the scheduled completion date as stated in the ILD; and

b. Commence principal and interest repayments by one year following the earlier of substantial completion of the project or the scheduled completion date as stated in the ILD.

(d) The loan shall be amortized on an annual basis for governmental entities and on a monthly basis for non-governmental entities.

(e) Should excusable delay be incurred beyond the scheduled completion date of a project, the department shall:

(1) Offer to modify the SLA or allonge, as applicable, to account for the delays; and

(2) If the recipient so requests, negotiate an appropriate modification of the SLA or allonge, as applicable.

(f) Any recipient may repay a loan, in whole or in part, prior to the date stipulated in the SLA or allonge, as applicable, with no prepayment penalty.

(g) Any money received from a liable or potentially liable third party prior to or after receiving a loan from the CMF shall be applied to early repayment of the loan.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.14 Use of Funds; Return of Funds {#sec-env-wq-2305.14 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.14}

(a) The recipient shall use and expend financial assistance provided from the CMF solely and exclusively for the payment of authorized eligible project costs, as applicable, for which the financial assistance was approved.

(b) If the recipient uses any funds provided from the CMF for anything other than eligible costs on the specific project for which such funds were furnished, the recipient shall return or otherwise repay to the department all such funds.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.15 Retainage {#sec-env-wq-2305.15 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.15}

(a) The recipient may withhold a percentage of all partial payments to contractors on a project as retainage until the project is complete.

(b) If the recipient intends to withhold a retainage, the recipient shall specify the terms and conditions relating to the retainage in the contract documents submitted pursuant to Env-Wq 2307.01.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2305.16 Accounting {#sec-env-wq-2305.16 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2305.16}

Each recipient shall:

(a) Use generally accepted accounting principles;

(b) Place all funds received from the CMF in a project account for the sole purpose of planning, designing, and constructing or implementing the project, as approved for funding by the department;

(c) Use all funds received from the CMF for the sole purpose of planning, designing, and implementing the cyanobacteria mitigation project, as approved for funding by the department;

(d) Provide to the department an audit conducted by an accountant licensed under RSA 309-B who meets the qualifications for a forensic accountant established by the Governmental Accounting Standards Board (GASB) for a governmental entity or by the Financial Accounting Standards Board (FASB) for non-governmental entities:

(1) Annually, if the recipient expends more than $500,000 of CMF funds in a calendar year; or

(2) In response to a department request for an audit based on a reasonable suspicion of fraud or misuse of CMF funds;

(e) Maintain insurance coverage on the project in an amount adequate to protect the state’s investment, as determined based on the nature of the project and the amount of funding provided from the CMF in consultation with the department;

(f) Comply with any special conditions specified by the department’s environmental determination until all financial obligations to the state have been discharged; and

(g) Continually abide by the terms of the financial assistance agreement, applicable rules, and relevant state and federal statutes for operation and maintenance of the facility.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

Part Env-Wq 2307 Implementation of Cyanobacteria Mitigation Projects

N.H. Code Admin. R. Ann. Env-Wq 2307.01 Consulting Contracts for Expenditures of CMF Funds {#sec-env-wq-2307.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2307.01}

(a) For all projects funded from the CMF that require consulting services, the contract for such services shall contain the following:

(1) A description of the services to be provided by the consultant, including the due date for any report or plans that will be prepared;

(2) The recipient’s responsibilities under the contract;

(3) The estimated time of completion of the services covered by the contract;

(4) Compensation to be paid to the consultant; and

(5) Termination provisions.

(b) The recipient shall comply with all applicable procedures and incidental legal requirements in awarding the consultant’s contract.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2307.02 Recipient’s Obligations for Inspections During Project Implementation {#sec-env-wq-2307.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2307.02}

(a) During the implementation phase of the project, the recipient shall obtain the engineering or other inspection services necessary to assure completion of the project in accordance with the financial assistance agreement and the approved plans and specifications.

(b) After the contract is awarded, the recipient shall provide for on-site inspections of the project by a resident project representative that are sufficient to provide assurance to the recipient and the department that the work is being performed in a satisfactory manner in accordance with the approved plans and specifications, approved alterations, and sound scientific and engineering principles and practices.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2307.03 Department Inspections During Project Implementation {#sec-env-wq-2307.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2307.03}

(a) The recipient shall allow the department to inspect the project during normal business hours in order to confirm that the project is being implemented in accordance with the approved plans and specifications and any approved alterations.

(b) In conjunction with project inspections, the department shall:

(1) Inspect the materials that are visible at the time of the inspection to determine compliance with the approved plans and specifications; and

(2) Document the manner and progress of the project, conditions relating to the materials furnished, and the contractor’s compliance with the approved plans and specifications for the project.

(c) Inspections by the department shall not release the contractor from any obligation to perform the work in accordance with the requirements of the contract documents, nor shall such inspections release the project manager from determining compliance with the requirements of the contract documents.

(d) The contractor and recipient shall provide the department with access to all areas of the project site, including moving materials and equipment if necessary, as needed for the department to determine whether the work as performed is in accordance with the requirements and intent of the contract.

(e) The department shall, as soon as practicable, bring to the attention of the recipient and the resident project representative any discrepancies between the approved plans and specifications and the actual work observed of which it becomes aware through its inspections.

(f) Upon being notified of any such discrepancies, the recipient and the resident project representative shall immediately:

(1) Initiate necessary action to rectify the deficiencies; or

(2) Provide documentation explaining the reason(s) for the discrepancies and demonstrating that the installation meets applicable requirements.

(g) If the recipient’s resident project representative disagrees with the department as to whether material furnished or work performed conforms with the terms of the construction contract, the recipient shall direct the resident project representative to reject questionable materials and initiate other action provided for in the construction contract, including suspension where necessary, until all disputed issues are resolved in accordance with the terms of the construction contract.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2307.04 Limitations on Project Modifications; Requests for Approval {#sec-env-wq-2307.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2307.04}

(a) After project implementation has commenced, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to, or any departures from, the approved plans and specifications that would materially or significantly affect project cost, estimated revenues, or project design without prior written approval from the department.

(b) The recipient shall request approval for changes covered by (a), above, by submitting the following information in writing to the department:

(1) The name of the recipient and the name and location of the project;

(2) The project number;

(3) For each modification for which the recipient is seeking approval:

a. A description of the modification; and

b. The reason(s) why the modification is necessary.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2307.05 Approval of Project Modifications {#sec-env-wq-2307.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2307.05}

(a) Subject to (b) and (c), below, the department shall approve a request submitted pursuant to Env-Wq 2307.04 if:

(1) The scope of the project as modified is consistent with the original intent of the financial assistance;

(2) If additional CMF funds are requested, then:

a. The increased cost is approvable under the criteria established in Env-Wq 2307.04(b); and

b. The fund has sufficient monies available at the time the request is filed to cover the proposed cost increase.

(b) The department shall review the request and notify the recipient and resident project representative as soon as practicable considering the scope of the request.

(c) The amount of funding provided from the CMF shall be increased only by a formal amendment in writing with the department, with governor and executive council approval.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2307.06 Project Completion Submittals {#sec-env-wq-2307.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2307.06}

The recipient shall submit to the department:

(a) A notice of completion of the project, upon completion of project implementation; and

(b) Any submittals required by the final financial assistance agreement(s) to be submitted to the department.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2307.07 Final Inspection and Review of Records {#sec-env-wq-2307.07 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2307.07}

(a) Upon completion of any project for which financial assistance from the CMF has been provided, the applicant shall furnish to the department written notification of completion.

(b) Upon receipt of such notification, or upon project completion should notification not be furnished as required, and prior to the department approving the final loan or grant disbursement, the department shall:

(1) Confirm that the project has been completed as contemplated in the financial assistance agreement, which shall include conducting a final on-site inspection of the project, if necessary, with the recipient or the recipient’s designee; and

(2) Review the recipient’s records relative to funds furnished to the recipient from the CMF.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

Part Env-Wq 2308 Waivers

N.H. Code Admin. R. Ann. Env-Wq 2308.01 Purpose {#sec-env-wq-2308.01 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2308.01}

The purpose of the rules in this part is to accommodate situations in which strict compliance with all requirements established by this chapter might not be in the best interests of the public or the CMF.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2308.02 Procedures {#sec-env-wq-2308.02 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2308.02}

(a) Any applicant or recipient who is or would be directly and adversely affected by the strict application of a rule in Env-Wq 2300 may request a waiver thereof from the department.

(b) Each request for a waiver shall be filed in writing by the authorized representative of the applicant or recipient, as applicable.

(c) Each request for a waiver shall include the information specified in Env-Wq 2308.03 and be signed as required by Env-Wq 2308.04.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2308.03 Content and Format of Requests {#sec-env-wq-2308.03 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2308.03}

The person requesting the waiver shall provide the following information to the department:

(a) The name, mailing address, and daytime telephone number including area code of the requestor;

(b) The eligibility request, application, or loan to which the waiver request relates; and

(c) For each waiver sought, the following:

(1) The number of the specific section of the rules;

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

(3) If applicable, a full explanation of the alternate(s) proposed to be substituted for the requirement in the rule, including documentation or data, or both, to support the alternative;

(4) Whether the need for the waiver is time-limited and, if so, the estimated length of time the waiver will be needed; and

(5) A complete explanation of why the applicant believes that having the waiver granted will meet the criteria in Env-Wq 2308.05.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2308.04 Signature Required {#sec-env-wq-2308.04 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2308.04}

(a) The authorized representative of the applicant or recipient that is requesting the waiver shall sign the request.

(b) The authorized representative’s signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the best of the signer’s knowledge and belief; and

(2) The signer understands that any waiver granted based on false, incomplete, or misleading information is subject to revocation.

(c) If the signer is or is acting on behalf of a listed engineering firm as defined in Env-C 502.08, the signature also shall constitute certification that the signer understands that the submittal of false, incomplete, or misleading information could constitute grounds for debarring the listed engineering firm from the roster of prequalified licensed engineering firms pursuant to Env-C 503.07.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2308.05 Criteria {#sec-env-wq-2308.05 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2308.05}

(a) Subject to (b), below, the department shall grant a waiver if:

(1) Granting the waiver, conditional upon implementation of alternatives, if applicable, will result in circumstances that are as protective of the public, the environment, and the integrity of the CMF program as the requirements contained in this chapter;

(2) Granting the waiver, conditional upon implementation of alternatives, if applicable, will not adversely impact the department’s obligations under RSA 485-A:58 through 61; and

(3) Strict adherence to the rule would not be in the best interest of the public, the environment, or the CMF.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify a state or federal statutory requirement, including but not limited to any requirement of RSA 485-A, unless such statute or grant expressly provides that the requirement may be waived or modified.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24

N.H. Code Admin. R. Ann. Env-Wq 2308.06 Decisions {#sec-env-wq-2308.06 omnilex-key=us-nh-regs-official--agency-env-wq--Env-Wq 2308.06}

(a) The department shall notify the person requesting the waiver of its decision in writing within 30 calendar days of receiving a complete request. If the request is denied, the department shall specify the reason(s) for the denial in the notice.

(b) The department shall include such conditions in a waiver as are necessary to ensure that the criteria specified in Env-Wq 2308.05 are met, including if applicable the implementation of alternatives.

(c) If the need for a waiver is temporary, the waiver shall specify the date on which it expires.

Appendix A: State Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Wq 2300 (also see specific part below)

RSA 485-A:58; RSA 485-A:59; RSA 485-A:60; RSA 485-A:61

Env-Wq 2308

RSA 541-A:22, IV

Appendix B: Statutory Definitions

RSA 485:1-a

I. “Community water system” means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

XIII. “Person” means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.

XIV. “Political subdivision” means any municipality, county, district, or any portion or combination of 2 or more thereof.

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b)Obtains all of its water from, but is not owned or operated by, a public water system; and

(c) Does not sell water to any person.

RSA 485-A:2

XIV. "Surface waters of the state" means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, water courses, and other bodies of water, natural or artificial.

APPENDIX C: REFERENCED STATUTE

RSA 485-A:58 Establishment and Implementation of Cyanobacteria Mitigation Loan Program. –

I. There is established in the department of environmental services the cyanobacteria mitigation loan program. The program shall provide low interest loans to: (a) Municipalities, community water systems and non-profit lake and river watershed associations whose testing shows confirmed and chronic exceedances of the state health advisory for cyanobacteria, for remediation efforts begun after September 30, 2023. (b) Publicly-owned and non-profit lake or river watershed associations that have a watershed management plan which specifies sources of phosphorus loading approved by the department of environmental services. II. Projects shall only be financed after the applicant's proposed mitigation plan or watershed management plan demonstrates that such plan is the most cost-effective solution, as reviewed and approved by the department of environmental services. The applicant shall provide evidence in the application for funding that there are no no-cost or low-cost efforts that would result in a substantial decrease in external phosphorus loading. The applicant shall also show that there is no responsible party identified by department of environmental services or that the responsible party, potentially including the applicant, has provided their appropriate share of the funding for the proposed project. III. Loans or grants may be made for up to the total cost of the project, after any responsible party's contribution, addressing the contamination. IV. The cyanobacteria mitigation program shall forgive up to 10 percent of the loan principal to community water systems, publicly owned or non-profit lake or river watershed associations using the same qualifying standards for forgiveness used in the drinking water state revolving loan program established under RSA 486:14. V. Total loan forgiveness under this section shall not exceed $1,000,000 in a fiscal year.

RSA 485-A:59 Duties. –

I. The department of environmental services shall: (a) Administer the cyanobacteria mitigation loan and grant program to assist municipalities; community and non-profit, lake and river watershed association; with the cost of reducing the number of chronic and extended cyanobacteria bloom that the department considers to be a threat to long term health of water bodies. For purposes of this subparagraph, administration includes oversight of the grant or loan expenditures to ensure they are not misused. (b) Administer a loan forgiveness program to assist municipalities, community, and non-profit, lake and river watershed association with loan repayment. (c) Award loan or grant funds to projects that meet the following criteria: (1) The project is or was necessary to reduce phosphorus loading identified in an accepted watershed management plan and the applicant for funding is a municipality, a community water system, or a non-profit, lake or river watershed association. (2) The applicant has demonstrated, to the satisfaction of the department, that low or no-cost solutions are neither viable nor effective. (d) Award reimbursements to projects from the fund in a manner consistent with this chapter. II. Every year beginning December 1, 2024, the department of environmental services shall prepare and file a report with the general court evaluating the progress made relative to mitigating cyanobacteria blooms, the efficiency of the program established under this chapter, and whether it continues to provide the maximum benefit to New Hampshire citizens, and providing any recommendations on potential additional tasks for which the fund could be used to address cyanobacteria blooms.

RSA 485-A:60 Rules. – The department of environmental services shall adopt rules, under RSA 541-A, relative to administering cyanobacteria loan and grant programs for eligible projects.

RSA 485-A:61 Cyanobacteria Mitigation Loan and Grant Fund Established. – There is hereby established in the department of environmental services the cyanobacteria mitigation loan and grant fund which shall be maintained by the state treasurer in distinct and separate custody from all other funds. The state treasurer may invest the fund in accordance with RSA 6:8. Any earnings on fund moneys shall be added to the fund. All moneys in the fund shall be nonlapsing and continually appropriated to the department of environmental services. The cyanobacteria mitigation loan and grant fund shall be used to fund loans, grants, and reimbursements in accordance with this subdivision. Funds from any bond proceeds, grants, loan repayments, legislative appropriations, donations, and other funds shall be credited to this fund.

History

• #13858, INTERIM, eff 1-27-24, EXPIRED: 7-25-24
• #14078, eff 9-24-24