Any applicant or grantee who is or would be directly and adversely affected by the strict application of a rule in Env-Dw 1002 and who wishes to request a waiver shall do so as specified in Env-Dw 202.

1. (a) The installation or building of:

   1. (1) New wells or well buildings;
   2. (2) Filtration systems and associated pump stations, pump equipment, chemical treatment systems, telemetry and metering equipment, and storage tanks; and
   3. (3) Distribution mains and valves needed to interconnect the new wells or filtration system to the existing system as may be required by the department and the EPA or to interconnect public water systems to form a regional water system.
2. (b) Altering, improving or adding to existing water treatment or water source, storage or transmission main facilities or regional water system interconnections in order to meet the requirements of the surface water treatment rules or to meet the water needs of a regional water system.

3. (c) Engineering services related to the activities identified under this paragraph, including the scientific evaluation of the groundwater contributing area of public wells with recorded levels of chemical contaminants, excluding MTBE, using a method approved by the department.

   III. “Eligible surface water treatment costs” means the actual cost of construction and related services necessary for a municipality to comply with the surface water treatment rules of the department of environmental services and the EPA, but shall not include the following:

4. (a) Land acquisition, except for land which shall be an integral part of a well system or filtration system;
5. (b) Easements and rights-of-way necessary to the project;
6. (c) Distribution systems and any improvement thereto not necessary for the municipality to achieve compliance with the surface water treatment rules; and

7. (d) Any administrative, legal, and fiscal costs related to the project.

   III-b. “Eligible regional water system costs” means that portion of the costs of construction and related services attributable, as determined by the department, to the provision of water for domestic, commercial, or fire protection purposes, whether as routine supply or emergency reserve supply, through one or more of the interconnections that form a regional water system, but shall not include any of the following:

8. (a) Land acquisition, except for land which shall be an integral part of a well system or filtration system.
9. (b) Easements and rights-of-way necessary to the project.
10. (c) Distribution systems and any improvement thereto not necessary for the municipality to achieve compliance with the surface water treatment rules.

11. (d) Administrative, legal, and fiscal costs related to the project.

    III-c “Eligible evaluation of the groundwater contribution area of public wells that have recorded levels of chemical contaminants excluding MTBE” means that portion of the actual costs of scientific evaluation of the contribution area of the sources of public drinking water, such as a well or surface water intake, through which water is likely to flow towards the source and related services attributable, as determined by the department, to the provisions of water for domestic, commercial, or fire protection purposes, whether as routine supply or emergency backup supply, through one or more interconnections that form a regional water system, but shall not include the following:

12. (a) Land acquisition, except for land which shall be an integral part of a well system or filtration system;
13. (b) Easements and rights-of-way necessary to the project;
14. (c) Distribution systems and any improvement thereto not necessary for the municipality to achieve compliance with the surface water treatment rules; and

15. (d) Any administrative, legal, and fiscal costs related to the project.

    IV. “EPA” means the United States Environmental Protection Agency.

    IV-a. “Future source of public drinking water supply” means:

16. (a) Stratified-drift aquifer areas identified by the department as favorable gravel well areas not constrained by existing development; and

17. (b) Other groundwater resources identified by the department as high-yielding aquifer areas not constrained by existing development.

    V-b. “Groundwaters” means all areas below the top of the water table, including aquifers, wells, and other sources of groundwater.

    VI. “Source water protection area” means the area around a source of public drinking water, such as a well or surface water intake, through which water is likely to flow towards the Source.

    VII. “Stewardship” means ongoing surveillance of water supply protection land acquired pursuant to this chapter to ensure that the conservation intent is maintained.

    VIII. “Water supply land protection grantee” means an entity that receives a water supply land protection grant to acquire and maintain in perpetuity land or easements for the purpose of protecting a drinking water Source. A water supply land protection grantee shall be a nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code and having public water supply or land conservation as its principal mission or a municipality.

    Env-Or 602.07 “Contamination” means the presence of any regulated contaminant, as defined herein, other than naturally occurring substances at naturally occurring or background levels, in soil, groundwater, soil gas, air, sediment, surface water, construction/excavation debris, or any other material at a concentration that has the potential to adversely affect human health or the environment.

    Env-Or 602.26 “Regulated contaminant” means “regulated contaminant” as defined in RSA 485-C:2, XIII, as reprinted in Appendix C.

    RSA 485-C:2

    XIII. “Regulated contaminant” means any physical, chemical, biological, radiological substance or other matter, other than naturally occurring substances at naturally occurring levels, in water which adversely affects human health or the environment.

    Appendix C – Statutory Provisions

    RSA 485-C:7 Potential Contamination Sources. –

    I. Human activities or operations upon the land surface shall be considered potential contamination sources if the activity or operation poses a reasonable risk that regulated contaminants may be introduced into the environment in such quantities as to degrade the natural groundwater quality.

    II. For purposes of this chapter, potential contamination sources shall include the following:

18. (a) Vehicle service and repair shops, including but not limited to: automobile, truck, and equipment service or repair shops, autobody shops; and aircraft fueling, deicing, and maintenance areas.
19. (b) General service and repair shops, including but not limited to: furniture stripping, painting, and refinishing; photographic processing; printing; appliance and small engine repair; boat repair, service, and refinishing; refrigeration, heating, ventilating and air conditioning shops.
20. (c) Metalworking shops, including, but not limited to: machine shops; metal plating, heat treating, smelting and jewelry making shops.
21. (d) Manufacturing facilities, including, but not limited to: electronics and chemical manufacturing, processing, and reclamation; paper, leather, plastic, fiberglass, rubber, silicon and glass making; a pharmaceutical production; pesticide manufacture; and chemical preservation of wood and wood products.
22. (e) Underground and aboveground storage facilities for oil and hazardous substances, as defined in RSA 146-C.
23. (f) Waste and scrap processing and storage, including, but not limited to: junkyards, scrap yards, and auto salvage yards; wastewater treatment plants; dumps, landfills, transfer stations and other solid waste facilities; and wastewater or septage lagoons.
24. (g) Transportation corridors, including, but not limited to, highways and railroads.
25. (h) Septic systems, including, but not limited to large septic systems which require a groundwater discharge permit under RSA 485-A:13.
26. (i) Laboratories and professional offices, including but not limited to: medical, dental, and veterinary offices; and research and analytical laboratories.
27. (j) Use of agricultural chemicals, including but not limited to: golf courses; feed lots, kennels, piggeries, and manure stockpiles; parks; nurseries and sod farms; and the usage of registered pesticides.
28. (k) Salt storage and use for winter road and parking lot maintenance.
29. (l) Snow dumps.
30. (m) Stormwater infiltration ponds or leaching catch basins.
31. (n) Cleaning services, including but not limited to: dry cleaners, laundromats; beauty salons; and car washes.
32. (o) Food processing plants, including but not limited to: meat packing and slaughterhouses; dairies; and processed food manufacture.
33. (p) Fueling and maintenance of excavation and earthmoving equipment.
34. (q) Concrete, asphalt and tar manufacture.
35. (r) Cemeteries.
36. (s) Hazardous waste facilities regulated under the Resource Conservation and Recovery Act, as implemented by RSA 147-A.

Source. #12441, eff 1-1-18 (formerly Env-Dw 1002.24)

Appendix A - Statute(s) Implemented

Rule Section(s)

Statute(s) Implemented

Env-Dw 1001.01

RSA 486-A:1

Env-Dw 1001.02

RSA 486-A:2

Env-Dw 1001.03

RSA 486-A:3; RSA 486-A:9, II(b)

Env-Dw 1001.04

RSA 486-A

Env-Dw 1001.05

RSA 486-A:4; RSA 486-A:9, II(b)

Env-Dw 1001.06

RSA 486-A

Env-Dw 1001.07

RSA 486-A:3, III; RSA 486-A:9, II(b)

Env-Dw 1001.08

RSA 486-A

Env-Dw 1001.09

RSA 486-A:9

Env-Dw 1001.10

RSA 486-A:9

Env-Dw 1001.11

RSA 486-A:5, I; RSA 486-A: 7, I; RSA 486-A:9, I(a)

Env-Dw 1001.12

RSA 486-A:9, I(b)-(f)

Env-Dw 1001.13

RSA 486-A:8

Env-Dw 1001.14

RSA 486-A:8; RSA 486-A:9, I(e)

Env-Dw 1001.15

RSA 9-B:4; RSA 486-A:8, III

Env-Dw 1001.16

RSA 486-A

Env-Dw 1002.01

RSA 486-A:1

Env-Dw 1002.02, 1002.03

RSA 486-A:2

Env-Dw 1002.02(g) & (h) (new)

RSA 486-A:2

Env-Dw 1002.03(a) & (b)

RSA 486-A:11, II

Env-Dw 1002.03(c)

RSA 486-A:11, III

Env-Dw 1002.03(d)

RSA 486-A:9, II(d); RSA 486-A:11, IV

Env-Dw 1002.03(e)

RSA 486-A:9, II(d); RSA 486-A:11, I , III, & V;

RSA 486-A:13

Env-Dw 1002.03(f) intro

RSA 486-A:9, II(d); RSA 486-A:11, I , III, & V;

RSA 486-A:13

Env-Dw 1002.04

RSA 486-A:11, II & III

Env-Dw 1002.04(a) & (b)

RSA 486-A:11, II

Env-Dw 1002.04(c)

RSA 486-A:11, III

Env-Dw 1002.04(d)

RSA 486-A:9, II(d); RSA 486-A:11, IV

Env-Dw 1002.04(e), (f)

RSA 486-A:9, II(d); RSA 486-A:11, I , III, & V;

RSA 486-A:13

Env-Dw 1002.05

RSA 486-A:11, II & III

Env-Dw 1002.05 intro, (a), (c), & (h)

RSA 486-A:2, III-a & VIII; RSA 486-A:7, II(a);

RSA 486-A:11, II

Env-Dw 1002.06

RSA 486-A:2, III-a & VIII; RSA 486-A:7, II(a);

RSA 486-A:11, II

Env-Dw 1002.06(b)(3) a.

RSA 486-A:2, III-a & VIII; RSA 486-A:3, II;

RSA 486-A:12

Env-Dw 1002.07

RSA 486-A:2, III-a & VIII; RSA 486-A:3, II;

RSA 486-A:12

Env-Dw 1002.08 - 1002.12

RSA 486-A:11, II & III

Env-Dw 1002.13

RSA 486-A:9, II; RSA 486-A:11, II & III

Env-Dw 1002.14

RSA 486-A:11, III

Env-Dw 1002.15

RSA 486-A:7, II(a) - (e); RSA 486-A:11, III

Env-Dw 1002.16

RSA 486-A:11

Env-Dw 1002.17 - 1002.19

RSA 486-A:8, II; RSA 486-A:11, IV

Env-Dw 1002.20

RSA 486-A:11, III

Env-Dw 1002.21 & 1002.22

RSA 486-A:11, I & III

Env-Dw 1002.23

RSA 486-A:11, III

Env-Dw 1002.24

RSA 486-A:1; RSA 486-A:11, III

Env-Dw 1002.24(a), (c) intro & (1), & (d)

RSA 486-A:11; RSA 541-A:22, IV

Env-Dw 1002.25

RSA 486-A:11, III

Env-Dw 1002.26

RSA 486-A:11, III & V

Env-Dw 1002.27

RSA 486-A:7, II(c) & (d); RSA 486-A:11

Env-Dw 1002.28

RSA 486-A:13

Env-Dw 1002.29

RSA 486-A:11; RSA 541-A:22, IV

Appendix B – Statutory and Regulatory Definitions

RSA 486-A:2

I. “Construction” means: