N.H. Code Admin. R. Env-Sw 804.03
Surface Water Protection Standards
Effective Dec 21, 2024#5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2504.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24Solid Waste Programs
- (a) The location of a landfill relative to surface water resources shall comply with the requirements of RSA 485-A.
- (b) A landfill and all associated stormwater, leachate, and decomposition gas infrastructure shall be located only in areas where potential adverse impacts to surface water quality, due to erosion, sedimentation, siltation, flood, or discharge of contaminants, can be prevented or minimized and mitigated by facility design.
- (c) A landfill and associated stormwater, leachate, and decomposition gas infrastructure shall be located such that a discharge, spill, leachate release, or other failure of the waste containment system or associated infrastructure will be detected and assessed, and remediation initiated prior to contamination reaching any perennial water body.
(d) The footprint of a landfill and leachate storage units shall not be located within:
- (1) For any first or second order perennial streams, 200 feet as measured from the closest bank of a stream; and
- (2) For any other perennial surface water body, 500 feet as measured from the closest bank of a stream and closest shore of a pond or lake, as applicable.
- (e) The footprint of a landfill and leachate storage units shall not be located within 200 feet of a wetland within the jurisdiction of RSA 482-A, excluding any drainage appurtenances related to the site, that is not allowed to be filled under the authority of RSA 482-A.
- (f) The footprint of a landfill and leachate storage units shall not be located within 1,000 feet of a surface water reservoir or intake used for a community drinking water supply.
- (g) The footprint of a landfill and leachate storage units shall not be located within the 500-year floodplain.
(h) Identification of the areas cited in (a) through (g) above shall be based on a hydrologic investigation that demonstrates the following:
- (1) Compliance with the siting requirements in (a) through (g) above;
- (2) That engineering design measures can be incorporated to control erosion, sedimentation, and siltation; and
- (3) Any potential release of contaminants to surface waters can be prevented or, in the case of a release, detected and remediated prior to reaching a surface water.
Source. #5172, eff 7-1-91; ss by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 800); ss by #8459, eff 10-28-05 (formerly Env-Wm 2504.03); ss by #10597, eff 7-1-14; ss by #14156, eff 12-21-24