Section 485-C:4 Rulemaking.
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Criteria and procedures for delineating classes of groundwater.
II. Criteria and procedures for reclassifying groundwater under RSA 485-C:9, II.
III. Ambient groundwater quality standards as provided under RSA 485-C:6.
IV. Criteria and procedures for conducting and maintaining inventories of potential contamination sources and managing potential contamination sources under RSA 485-C:8.
V. Criteria and procedures for the issuance of groundwater release detection permits as provided under RSA 485-C:13.
VI. Fees for groundwater release detection permits required under RSA 485-C:13.
VII. Best management practices as provided under RSA 485-C:11, except those practices for agricultural operations and pesticide use, and rulemaking relative to such practices, shall be developed, administered and enforced by the New Hampshire department of agriculture, markets, and food.
VIII. Criteria and procedures for the investigation, management, and remediation of contaminated groundwater, including the creation of regulated zones of contaminated groundwater and the issuance of permits or similar procedures for the remediation of such zones.
IX. Criteria and procedures for the notification of owners of affected properties and for the recordation of permits governing groundwater management zones designated by the department in the registry of deeds for affected properties.
X. Criteria and procedures for the imposition of groundwater use restrictions relative to groundwater management zones.
XI. Criteria and procedures for accepting adopted municipal land use controls in lieu of recordation requirements.
XII. All new groundwater withdrawals of 57,600 gallons or more in any 24-hour period. Such rules shall include:
(a) Criteria and procedures for requiring persons to identify and address impacts of withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the potential impact area of the proposed withdrawal as defined in RSA 485-C:21, V-e.
(b) Requirements relative to conservation management plans which demonstrate the need for the proposed withdrawals, to be submitted by the persons seeking approval for a withdrawal.
(c) Procedures by which the department may deny permission for withdrawals or order the applicant to provide a response policy, as provided by department rules, for provision of alternative water supply at no initial capital cost to persons whose wells are adversely affected by the proposed withdrawal or order reduced withdrawals if hydrogeologic data indicate that water-related resources are being adversely affected by the withdrawals.
Source. 1991, 344:1. 1995, 130:4. 1996, 228:110; 266:12. 1998, 124:2, eff. Aug. 1, 1998. 2006, 322:3, eff. Aug. 21, 2006.