(a) Any person requesting a waiver to a requirement established in this part shall submit the following information in writing to the department:

1. (1) A description of the facility and water use to which the waiver request relates;
2. (2) A specific reference to the section of the rule for which a waiver is being sought;
3. (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. (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. (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. (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. (1) The intent of RSA 488 will be met;
2. (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. (3) Granting the waiver will not result in a statutory requirement being waived.

(e) No waiver shall be granted to any requirement specified in statute unless the statute expressly allows such requirement to be waived.

Source. #12135, eff 3-21-17 (from Env-Wq 2102.32)

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:

(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.