Renumber PART Env-Ws 389 as Env-Dw 303 and change the title to read as follows:

CHAPTER Env-Dw 300 SOURCES OF WATER

PART Env-Dw 301 DEFINITIONS

Statutory Authority: RSA 485:8 and RSA 485:48

REVISION NOTE:

Document #11060, effective 4-1-16, adopted Part Env-Dw 301, titled “Definitions”, which consolidated definitions common to the former Part Env-Dw 301 titled “Small Production Wells for Community Water Systems,” Part Env-Dw 302 titled “Large Production Wells for Community Water Systems,” and Part Env-Dw 303 titled “Groundwater Sources for Bottled Water.”

Document #11062, effective 4-1-16, readopted with amendments and renumbered the former Part Env-Dw 301 as Part Env-Dw 305. See Revisions Notes #1 and #2 at the part heading for Part Env-Dw 305 for prior filings affecting the former Part Env-Dw 301.

Document #11061, effective 4-1-16, readopted with amendments Part Env-Dw 302, and Document #11059, effective 4-1-16, readopted with amendments Part Env-Dw 303. See the Revision Notes #1 and #2 at the part headings for Part Env-Dw 302 and Part Env-Dw 303 for prior filings affecting these rules. Although Part Env-Dw 302 had last been filed under Document #9008, effective 10-19-07, and Part Env-Dw 303 had last been filed under Document #8998, effective 9-29-07, these rules, including the definitions, did not expire on 10-19-15 and 9-29-15, respectively. They were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #11060, #11061, and Document #11059, as appropriate, effective 4-1-16.

Env-Dw 301.01 “Acceptable water quality” means water that does not violate ambient groundwater quality standards established by RSA 485-C:6 or rules adopted pursuant thereto.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.02 “Applicant” means the person who applies for approval of a small production well, a large production well, or a groundwater source of bottled water. The term includes the person to whom the approval is issued if the context so requires.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.03 “Aquifer parameter values” means values of parameters that describe the physical properties of the aquifer, such as transmissivity and hydraulic boundary conditions.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.04 “Available drawdown” means the distance between the static water level in the well casing and the uppermost productive water bearing zone, the pump intake, or the top of the well screen, whichever distance is the shortest.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.05 “Bedrock well” means a well that is exposed to and draws water from fractures in any type of consolidated material.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.06 “Conceptual hydrogeologic model” means a description of geology, aquifer hydraulics, and recharge patterns that incorporates published information, available field data, and conservative assumptions for the potential impact area.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.07 “Confined aquifer” means an aquifer in which groundwater is under pressures greater than the atmospheric pressure, which results in groundwater within a borehole rising to a level that is higher than the level at which water is first encountered, and that receives negligible recharge from overlying deposits during pumping.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.08 “Conservative assumption” means an assumption made during the analyses required to site a new well that results in a larger protected area or lower permitted production volume, or both.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.09 “Constant pumping rate” means a pumping rate that does not vary by greater than 5% after the first 24 hours of pumping.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.10 “Contamination” means the degradation of natural groundwater quality as a result of human activities.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.11 “Contamination sources” means known contamination sources plus potential contamination sources.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.12 “Contamination source inventory” means an inventory of all contamination sources completed as specified in the applicable part.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.13 “Contributing area” means “contributing area” as defined in RSA 485-C:2, IV, as reprinted in Appendix B.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.14 “Final report” means the report submitted to the department after the pumping test and water quality sampling program is conducted at the proposed well site.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.15 “Groundwater” means “groundwater” as defined in RSA 485-C:2, VIII, as reprinted in Appendix B.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.16 “Hydrogeology” means the study of the occurrence, movement, and chemical nature of surface water and groundwater in relation to its geologic environment.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.17 “Known contamination source” means a location from which contaminants are known to emanate or to have emanated in the past that degrade groundwater quality.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.18 “Large groundwater withdrawal” means “large groundwater withdrawal” as defined in RSA 485-C:2, IX-a, as reprinted in Appendix B.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.19 “New production well” means a production well that:

(a) Has not received approval under:

(1) Env-Dw 301 as effective from 10-19-07 until the 2016 effective date of Env-Dw 305;

(2) Env-Dw 302, Env-Dw 402, Env-Dw 404, or Env-Dw 405; or

(3) Predecessor rules in Env-Ws 370, Env-Ws 372, or Env-Ws 374; or

(b) Has been inactive and not sampled in accordance with Env-Dw 708.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.20 “Overburden well” means a well that is exposed to and draws water from any type of unconsolidated material, including but not limited to sand and gravel deposits. The term includes, but is not limited to, dug wells, tubular wells, well points, and gravel wells.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.21 “Permitted production volume” means the maximum volume of groundwater approved by the department to be withdrawn or pumped in any 24-hour period from a production well.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.22 “Potential contamination source” means, as specified in RSA 485-C:7, I, human activities or operations 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 possible contamination sources are listed in RSA 485-C:7, II.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.23 “Potential impact area” means the area identified through an impact assessment as described in RSA 485-C:21, V-e.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.24 “Potentiometric surface” means the surface that represents the level to which water rises when exposed to atmospheric pressure.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.25 “Preliminary report” means the report submitted to the department prior to conducting the pumping test and water quality sampling program at the proposed well site.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.26 “Production well” means a well that serves or is intended to serve as the source for a community water system or as a groundwater source of bottled water.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.27 “Professional of record” means the professional engineer or professional geologist licensed under RSA 310-A who is responsible for the documents.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.28 “Pumping test production rate” means the constant pumping rate that is maintained throughout a pumping test or source evaluation, as applicable, on a production well, which is used to establish the permitted production volume.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.29 “Replacement well” means “replacement well” as defined in RSA 485-C:2, XIII-a, as reprinted in Appendix B.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.30 “Sanitary protective area” means an area in the immediate vicinity of a source within which activities are controlled to minimize the risk of groundwater contamination.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.31 “USGS map” means an original or clear color copy of a United States Geological Survey topographic quadrangle map at a lateral scale of 1:24,000 or 1:25,000, or a map that depicts equivalent features at an equivalent lateral scale.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.32 “Well” means “well” as defined in RSA 485-C:, XVII, as reprinted in Appendix B.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.33 “Wellhead protection area” means “wellhead protection area” as defined in RSA 485-C:2, XVIII, as reprinted in Appendix B.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Env-Dw 301.34 “Wetlands” means “wetlands” as defined in RSA 482-A:2, X, as reprinted in Appendix B. The term includes swamps, marshes, bogs, and similar areas.

Source. (See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

PART Env-Dw 302 LARGE PRODUCTION WELLS AND WELLS FOR LARGE COMMUNITY WATER SYSTEMS

Statutory Authority: RSA 485:3; RSA 485:41

Revision Note #1:

Document #9008, effective 10-19-07, readopted with amendments and renumbered former Part Env-Ws 379, titled “Site Selection of Large Production Wells for Community Water Systems,” under a new subtitle as Part Env-Dw 302 titled “Large Production Wells for Community Water Systems.” The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #9008 replaced all prior filings for rules formerly in Part Env-Ws 379. The prior filings for rules in former Part Env-Ws 379 included the following documents:

#6521, eff 6-4-97

#6979, eff 4-21-99

#8871, INTERIM, eff 4-21-07, EXPIRES: 10-18-07

REVISION NOTE #2:

Document #11061, effective 4-1-16, readopted with amendments Part Env-Dw 302, titled “Large Production Wells for Community Water Systems”, last filed under Document #9008, effective 10-19-07, and now titled “Large Production Wells and Wells for Large Community Water Systems.” Document #11061 deleted many definitions in the former Part Env-Dw 302 which were adopted by Document #11060, effective 4-1-16, in Part Env-Dw 301. Document #11061 also extensively amended and renumbered other existing rules within the former Part Env-Dw 302. Document #11061 replaces all prior filings for rules in the former Part Env-Dw 302 as filed under Document #9008.

The former Part Env-Dw 302 had last been filed under Document #9008, effective 10-19-07. These rules did not expire on 10-19-15 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #11061 and Document #11160, as appropriate, effective 4-1-16.

Env-Dw 302.01 Purpose. The purpose of these rules is to implement those portions of RSA 485, the New Hampshire Safe Drinking Water Act, pertaining to the department’s obligation to approve public water systems, by establishing procedures and standards for the development of large production wells for community water systems (CWS) in order to ensure that such wells will be capable of producing an adequate supply of water that meets drinking water quality standards.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.02 Applicability. These rules shall apply to anyone intending to:

(a) Develop a new production well for a large CWS, regardless of whether the well is a small production well or a large production well;

(b) Develop a new large production well for any CWS;

(d) Replace an existing large production well with a new large production well;

(e) Deepen or otherwise improve an existing large production well to increase its capacity; or

(f) Reactivate an inactive large production well or a large production well that has been removed from monitoring responsibility in accordance with Env-Dw 708.11 or its predecessor rule, Env-Ws 321.17.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.03 Definitions.

(a) “Back-up well” means a new production well that is installed to provide redundancy for an existing primary production well that operates and impacts water users and resources in a similar manner as the primary production well.

(b) “Background well” means a monitoring well outside the expected area of influence of the test well that serves to identify regional background conditions throughout the pumping test program.

(c) “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.

(d) “Flow net” means a map showing lines of equal hydraulic head with lines showing the direction of groundwater flow such that the amount of groundwater flow through all sections of the net is equal.

(e) “Large bedrock production well” means a large production well that is a bedrock well.

(f) “Large overburden production well” means a large production well that is an overburden well.

(g) “Large production well” means a production well having a permitted production volume of equal to or greater than 57,600 gallons in a 24-hour period.

(h) “Monitoring well” means a well that is used to observe or sample groundwater.

(i) “Porous media assumption” means groundwater flow that conforms to Darcy's Law, mainly flow through porous media that is laminar and of low velocity.

(j) “Test well” means a well that is used during a pumping test from which groundwater is withdrawn or pumped, which might or might not become the large production well.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.04 Pre-Approval Required.

(a) A person shall obtain approval from the department in accordance with Env-Dw 302.05 through Env-Dw 302.31 prior to:

(1) Developing a new production well for a large CWS, regardless of whether the well is a small production well or a large production well;

(2) Requesting an increase in the permitted production volume of an existing well currently connected to a large CWS; or

(3) Requesting an increase in the permitted production volume of an existing small production well connected to any CWS if the increase would result in a permitted production volume of equal to or greater than 57,600 gallons in a 24-hour period.

(b) Any person proposing to construct a back-up production well for a large CWS and any person proposing to construct a back-up well for a small CWS where the well would qualify as a large production well shall submit a request to the department in accordance with Env-Dw 302.34.

(c) Any person proposing to replace a large production well shall submit a request to the department in accordance with Env-Dw 302.35.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.05 Process for Obtaining Approval.

(a) Any person seeking approval pursuant to Env-Dw 302.04(a) shall first submit a preliminary report to the department that contains the following:

(1) The cover page specified in Env-Dw 302.06, which has been signed as specified in Env-Dw 302.07; and

(2) The information and maps identified in Env-Dw 302.08.

(b) The preliminary report submitted pursuant to (a), above, shall be:

(1) Dated, signed, and sealed by the professional of record;

(2) Submitted with a preliminary application prepared in accordance with Env-Wq 403 if the new well meets the definition of a large groundwater withdrawal; and

(3) Submitted to the department electronically in a portable document format.

(d) If the department approves the preliminary report and the applicant wishes to continue, the applicant shall proceed as specified in Env-Dw 302.18.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.06 Preliminary Report: Cover Page. The cover page required by Env-Dw 302.05(a)(1) shall contain the following:

(a) Information to identify the persons involved, as follows:

(1) The applicant’s name, mailing address, daytime telephone number including area code, and website URL, if any;

(2) The name, daytime telephone number including area code, and email address, if any, of an individual authorized by the applicant to represent the applicant for purposes of the department’s review of the preliminary report;

(3) The name, mailing address, email address, and daytime telephone number with area code of the water system owner and the owner of the property on which the well is or is proposed to be located, if other than the applicant; and

(4) The name, mailing address, daytime telephone number including area code, and email address of the person engaged by the applicant to perform the pumping test and water quality sampling program;

(b) A description of the purpose of each well for which approval is being sought and who is or will be served by the well; and

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.07 Signatures; Certifications.

(a) The signatures required for the preliminary report, the final report, the compliance report, or any request related thereto shall be provided as follows:

(1) If the applicant or supplier of water, as applicable, is an individual, the applicant shall sign and date the report; and

(2) If the applicant or supplier of water, as applicable, is other than an individual, the applicant shall authorize an official of the applicant to sign the report, and the authorized individual shall sign and date the application and print or type his or her name and title;

(b) 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 report 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 report or request;

2. Revoking any approval or request that is granted based on the information;

3. Referring the matter to the joint board 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.

(c) Any signature provided by an applicant pursuant to (a), above, shall also constitute certification that the applicant agrees to comply with all applicable rules and conditions of the approval if one is issued.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.08 Required Information and Maps for Preliminary Reports. The applicant shall provide the following pursuant to Env-Dw 302.05(a)(2):

(a) A general description of the current use and 50 year history of the property where the well is or is proposed to be located;

(b) A description of all existing and proposed land use activities within the sanitary protective area;

(c) Documentation to demonstrate that the sanitary protective area is or will be under the direct legal control of the applicant and will be maintained as required by Env-Dw 302.10;

(d) The following maps and diagrams, to demonstrate that the location and sanitary protective area of each existing or proposed well meets the requirements of Env-Dw 302.09 and Env-Dw 302.10:

(1) A USGS map on which the following are clearly marked:

a. The location of each well for which approval is being sought;

b. The location of each known contamination source, each potential contamination source, and each water resource and use inventoried as required by (g), below;

c. The estimated wellhead protection area determined as specified in Env-Dw 302.11;

d. The limits of the delineated potential impact area; and

e. The title, scale, and date of the quadrangle;

(2) One or more copies of a municipal tax map or a survey map that identifies the following for each well for which approval is being sought:

a. The tax map and lot number of the property on which the well is or is proposed to be located;

b. The property lines and the owner of each lot into which the sanitary protective area extends, and all easements on or over such lots;

c. The location of the well and the sanitary protective area of the well;

d. All public and private water supply wells located within 1,000 feet of the well;

e. The 100-year flood elevation, the flood plain, and all surface waters and wetlands within 100 feet of the well;

f. All land uses, including any paths, trails, structures, storage, landscaping, or other alteration of the natural terrain; and

g. All stormwater discharge areas and drainage structures; and

(3) A copy of the Flood Insurance Rate Map on which the location of each well for which approval is being sought is clearly marked;

(e) A conceptual hydrogeologic model of the withdrawal and potential impact area that has been prepared in accordance with Env-Wq 403.07;

(f) A preliminary estimate of the wellhead protection area and a proposed method for refining the estimate in accordance with Env-Dw 302.11;

(g) A preliminary contamination source inventory and water resource and user inventory in accordance with Env-Dw 302.12;

(h) Identification and evaluation of any known contamination source in accordance with Env-Dw 302.13;

(i) A proposal for a pumping test in accordance with Env-Dw 302.14; and

(j) A proposal for a water quality sampling program in accordance with Env-Dw 302.15.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.09 Well Location Relative to Surface Water.

(a) No well shall be located closer than 50 feet from the normal high water line of any surface water.

(b) No well shall be located closer than 50 feet from wetlands that are inundated with standing or flowing water for more than 30 continuous days.

(c) No well shall be subject to flooding at the 100-year recurrence interval. The applicant may fill to elevate the permanent well casing for flood protection purposes, provided that all required permits for placing fill in wetlands and flood plains have been obtained.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.10 Sanitary Protective Area.

(a) The sanitary protective area shall be a circle, centered on the well, having a radius based on the permitted production volume of the well as set forth in Table 302-1:

Table 302-1 Sanitary Protective Area Radii

Permitted Production Volume (gallons in a 24-hour period)	Radius (feet)
less than 14,400	150
14,401 to 28,800	175
28,801 to 57,599	200
57,600 to 86,400	250
86,401 to 115,200	300
115,201 to 144,000	350
greater than 144,000	400

(b) When more than one well is within a sanitary protective area, the individual sanitary protective area for each well shall be based on the combined permitted production volume of all of the wells, unless the applicant proves by clear and convincing evidence that the wells are not hydraulically connected.

(c) The department shall not approve a source unless the applicant owns the land within the sanitary protective area, provided that if the applicant does not own and cannot purchase the land, the applicant shall control the land by perpetual easement, covenant, or similarly legally-binding means.

(d) If the well is approved, the sanitary protective area shall be maintained in a natural state at all times except as necessary for:

(1) Limited land clearing and terrain alteration required for well access and construction of a pump house or other structure(s) related to the well or water system; and

(2) Activities necessary for the use and maintenance of the production wells that do not pose a contamination risk to groundwater.

(e) No person shall discharge to the sanitary protective area any drainage from:

(1) Any area where fertilizer or pesticides, or both, have been applied;

(2) Any roadway, parking lot, or other area on which motor vehicles of any type travel or are parked; or

(3) Any detention or retention pond, infiltration ditch, drainage swale, or similar structure.

(f) No underground utilities shall be installed in the sanitary protective area except for drinking water supply and electrical or communications conduits.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.11 Preliminary Estimate of Wellhead Protection Area; Proposed Refinement Method.

(a) Subject to (b), below, the preliminary estimate of the wellhead protection area shall be derived using the applicable standard method specified in (c) through (g), below.

(b) If sufficient data is not available for a standard method, the preliminary estimate shall be a circle centered on the well having a radius of 4,000 feet.

(c) The standard method for estimating a wellhead protection area for a large overburden production well shall be the flow net technique as specified in (d), below, if sufficient information exists to construct a flow net.

(d) The flow net technique shall comprise:

(1) Constructing an ambient regional potentiometric surface map;

(2) Calculating a cone of depression for groundwater being withdrawn at the pumping test production rate for a period of 180 days with no net recharge;

(3) Constructing an ambient regional potentiometric surface map with the calculated cone of depression superimposed upon it;

(4) Constructing a flow net for the map with the superimposed cone of depression, in which contours are reported in feet or meters referenced to the national geodetic vertical datum;

(5) Delineating the wellhead protection area as that area from which groundwater flow lines are captured by the proposed well by extending the area of captured groundwater flow lines up gradient to a groundwater divide;

(6) Identifying the recharge mechanisms in the wellhead protection area that will support the proposed permitted production volume; and

(7) Refining the wellhead protection area with respect to no-flow boundaries, surface waters, existing pumping wells, well interference, and any other hydraulic influences.

(e) The hydrogeologic mapping technique shall be used for overburden production wells when:

(1) Sufficient regional potentiometric information is not reasonably available to construct a flow net for delineating the wellhead protection area; or

(2) An aquifer is sufficiently confined such that the method described in (d), above, would not be technically correct.

(f) The hydrogeologic mapping technique for an overburden production well shall be used to estimate the area from which groundwater flow lines originate and are captured by the well based on the following hydrogeologic information:

(1) Surface watershed boundaries within which the production well is contained;

(2) Surface water elevations where applicable;

(3) Pumping test data;

(4) Geologic maps;

(5) Soil maps;

(6) Exploratory soil boring and monitoring well logs;

(7) Topographic maps; and

(8) All other available information that is pertinent to delineating the wellhead protection area.

(g) The standard method for developing a preliminary estimate of the wellhead protection area for a large bedrock production well shall estimate the area from which groundwater flow lines originate and are captured by the well based on the following hydrogeologic information:

(1) Hydrogeologic mapping information including lineament and bedrock mapping or other remote sensing analyses;

(2) Observations gathered from bedrock drilling logs;

(3) Geophysical data, if available;

(4) Recharge mechanisms and an assessment of areas of induced recharge;

(5) Hydraulic influences including:

a. No flow boundaries;

b. Surface waters;

c. Existing pumping wells; and

d. Well interference; and

(6) All other available supporting information that is pertinent to delineating a wellhead protection area in a bedrock aquifer.

(h) The proposed method for refining the wellhead protection area shall include:

(1) A detailed description of the proposed method for refinement; and

(2) A description of how the refinement will be documented in the final report.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.12 Preliminary Contamination Source and Water Resource and Use Inventories.

(a) The preliminary contamination source inventory and the water resource and use inventory required by Env-Dw 302.08(g) shall be:

(1) Completed before the pumping test and water quality sampling program proposals required by Env-Dw 302.08(i) and (j) are developed; and

(2) Compiled from a search of the following information sources:

a. Records at the department;

b. Records at the municipality; and

c. A windshield survey of all properties within the estimated wellhead protection area.

(b) The contamination source inventory shall:

(1) Identify and describe all known contamination sources and all potential contamination sources in the estimated wellhead protection area; and

(2) Include the following information for each known contamination source and each potential contamination source:

a. The site name and address;

b. The name, mailing address, and daytime telephone number of each property owner or operator;

c. For each known contamination source, a description of the nature and extent of the investigation and the status of any remedial action that has been or is being performed; and

d. For each potential contamination source, the type of potential contamination source(s) at the facility.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.13 Known Contamination Source Evaluation.

(a) The applicant shall review the applicable department site file(s) on each known contamination source identified in accordance with Env-Dw 302.12 and evaluate its potential to degrade water quality at the well.

(b) The applicant shall present in the preliminary report a description of how the pumping test and the water quality sampling program will account for the known contamination sources.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.14 Proposal for Pumping Test.

(a) The pumping test proposed pursuant to Env-Dw 302.08(i) shall be designed and conducted to gather site-specific information necessary to:

(1) Demonstrate that the permitted production volume is sustainable;

(2) Demonstrate the water quality of each proposed new well;

(3) Assess impacts from the proposed well on surrounding water resources and water uses;

(4) Address critical data gaps identified in the conceptual hydrogeologic model;

(5) Refine the conceptual hydrogeologic model and the estimated wellhead protection area and justify the selected refinement methodology;

(6) Develop a contamination control program for each known contamination source;

(7) Develop a wellhead protection program for all contamination sources identified in accordance with Env-Dw 302.13; and

(8) Demonstrate the system source capacity required by Env-Dw 402, Env-Dw 404 or Env-Dw 405, as applicable.

(b) A standard pumping test shall:

(1) Have an antecedent period, a pumping period, and a recovery period as described in (d), below;

(2) Pump and discharge water as described in (e), below;

(3) Measure groundwater as described in (f), below;

(4) Measure surface water as described in (g), below;

(5) Monitor wells as described in (h), below; and

(6) Track ambient conditions as described in (i), below.

(1) The proposed pumping test production rate;

(2) A site sketch showing locations of:

a. Each test well;

b. Each monitoring well;

c. Each surface water staff gauge or other water level measuring device;

d. All other monitoring and recording locations; and

e. Each discharge location;

(3) A description of and justification for monitoring well layout, construction, and screening;

(4) A description of borehole drilling and sampling techniques;

(5) A table showing the schedule for the collection of water level measurements;

(6) A table of the horizontal distance between observation points and each test well;

(7) A description of the construction of any surface water level staff gauges;

(8) Supporting information demonstrating the discharge location complies with (e)(1), below;

(9) A description of the method and equipment that will be used to ensure a constant pumping rate is maintained;

(10) A schedule for measurement of discharge;

(11) A copy of the notification letter that extends an offer to monitor water levels in wells identified in accordance with (h), below;

(12) A description of how any other of the system's wells will be operated during the pumping test program;

(13) The anticipated pumping test duration; and

(14) The construction details for each test well.

(d) The 3 required pumping test periods shall be as follows:

(1) The antecedent period shall be the 7-day period immediately preceding the start of pumping, during which non-pumping hydrologic conditions are monitored;

(2) The pumping period shall be as follows:

a. For large overburden production wells, 5 days or until the average change in water level in the pumping well, or in an observation well within 5 feet of the pumping well, is 0.5 feet or less over a period of at least 24 hours, except that the pumping period shall be no less than 3 days in duration;

b. For large bedrock production wells, 7 days or until the average change in water level in the pumping well is 0.5 feet or less over a period of at least 24 hours except that the pumping period shall be no less than 5 days in duration; or

c. For a new source for a large CWS that does not qualify as a large production well, not less than 72 hours; and

(3) The recovery period, during which the aquifer system recovers from the stress of pumping, shall begin immediately upon cessation of pumping and continue for:

a. A duration at least equivalent to the pumping period; or

b. The water level in the test well or the nearest well within 5 feet of the pumping well has recovered to 90% of the pre-pumping level, provided the recovery period monitoring is not less than 24 hours.

(e) The pumping of and discharge from each test well and the system’s other production wells, if any, shall be as follows:

(1) The pumped water shall be discharged outside the estimated contributing area of the test wells so there is no effect on the pumping test results;

(2) The pumping rate in each test well shall be recorded at least as often as water level measurements, after the first 10 minutes of pumping;

(3) The discharge rate from the test well shall be measured using at least one of the following methods:

a. With a circular orifice weir, provided that:

1. A physical description of the weir is provided in the preliminary report; and

2. A table of gauge or manometer readings with calculated discharge rates is provided in the final report;

b. With a cumulative flow meter or other equivalent device provided that;

1. Each discharge measurement includes at least 2 meter readings that are collected over a period that is not greater than one minute; and

2. The meter has been calibrated in accordance with manufacturer specifications within one year prior to the pumping test; or

c. With a device that can be demonstrated to record measurements that are accurate to within 5% of the discharge rate;

(4) The discharge from other system wells shall be measured using cumulative flow meters or equivalent devices;

(5) Each test well shall be pumped at a single, constant rate that, when multiplied by 24 hours, produces the proposed permitted production volume; and

(6) The system’s other wells shall be operated continually at their permitted production volumes or established capacities, unless data is provided to demonstrate that the wells will not affect aquifer response to pumping the proposed production well.

(f) Groundwater level measurements shall be made:

(1) To the nearest 0.01 foot;

(2) At the following locations:

a. Each test well;

b. Each of the water system’s other production wells, if within the estimated area influence of the test well(s);

c. One background monitoring well located outside the expected influence of the test well(s);

d. For large overburden production wells, at least 4 monitoring wells within the expected area of influence of the test well(s);

e. For large bedrock production wells, at such locations as to gather sufficient site specific information such as that obtainable from monitoring wells or geophysical techniques;

f. Other water supply wells in accordance with (4), below; and

g. Such additional locations as are necessary to meet the objectives of the pumping test;

(3) During the antecedent period, twice daily in the background well, each test well and one selected monitoring well, when such wells are used in a pumping test;

(4) During the pumping period, beginning at one minute after the start of pumping until shut down, so that at least 10 data points per log cycle of time in minutes are recorded for each test well and each selected monitoring well; and

(5) During the recovery period, beginning at one minute after shut down of the pump until the end of the recovery period, so that at least 10 data points per log cycle of time, in minutes, are recorded for each test well and each selected monitoring well.

(g) Surface water levels in waters within 1,000 feet of the test wells shall be measured to the nearest 0.01 foot not less than once every 6 hours during the antecedent, pumping, and recovery periods, provided that the applicant shall propose a more frequent monitoring schedule if the surface water elevation is affected by a dam or other control structure.

(h) Water levels in private and public wells shall be monitored as follows:

(1) At least 14 days prior to the start of the pumping test program, the applicant shall send a written request for permission to monitor a well via certified mail, return receipt requested, or by another method that provides documentation that the notice has been delivered, to:

a. The owner of each private well and each public well located within 1,000 feet of the proposed new source; and

b. The owners of representative wells within 1,000 feet of the estimated cone of depression, determined based on the conceptual hydrogeologic model developed as required by Env-Dw 302.08(e);

(2) The applicant shall propose a schedule on which the water levels in the wells will be monitored and the method by which the water levels will be measured and recorded; and

(3) The applicant shall monitor the water levels in accordance with the approved preliminary report.

(i) Ambient conditions shall be monitored as follows:

(1) Rainfall shall be measured to the nearest 0.1 inch throughout the pumping test program at the proposed well site;

(2) If the aquifer is subject to confining conditions, barometric pressure shall be measured throughout the pumping test program at the proposed well site on a schedule consistent with water level monitoring performed on the production well; and

(3) Site activities and weather conditions shall be observed and logged daily throughout the pumping test program at the well site.

(j) For a large production well, the applicant may propose an alternative pumping test method provided the alternative:

(1) Meets the objectives stated in (a), above;

(2) Will provide the data necessary to refine the preliminary estimate of the wellhead protection area;

(3) Will produce results that are superior or equivalent to the results obtained using the method described in (d) through (i), above; and

(4) Will be justified in the final report based on observations collected during the pumping test.

(k) The proposal for an alternative pumping test shall include the information specified in (c), above, together with information demonstrating that the alternative meets the requirements specified in (j), above.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.15 Proposal for Water Quality Sampling.

(a) The water quality sampling program required by Env-Dw 302.08(j) shall be designed and conducted to gather the information necessary to establish the water quality of each proposed new well and develop, if necessary, a contamination control program for the desired permitted production volume.

(b) The water quality sampling program shall include the collection of one water quality sample from each test well at each of the following times during the pumping period:

(1) Between the first and the fifth hour of the pumping period;

(2) Midway through the pumping period; and

(3) Within the last 3 hours of the pumping period.

(1) Volatile organic compounds;

(2) Iron;

(3) Manganese;

(4) pH;

(5) Specific conductance;

(6) Hardness;

(7) Chloride;

(8) Sodium; and

(9) Nitrate.

(d) The third sample shall be analyzed for:

(1) Those parameters required to be monitored in groundwater systems per Env-Dw 707 through Env-Dw 713;

(2) 1,4-Dioxane; and

(3) Radon.

(e) Samples shall be collected for microscopic particulate analysis within the last 24 hours of the pumping test if the location of the proposed new production well meets either of the following criteria:

(1) For overburden wells, if the well is within 100 feet of the normal high water line of any surface water; or

(2) For bedrock wells, if the well is within 200 feet of the normal high water line of any surface water.

(f) Samples collected in accordance with (e), above, shall:

(1) Be analyzed in accordance with the Consensus Method for Determining Groundwaters Under the Direct Influence of Surface Water Using Microscopic Particulate analysis (MPA), EPA 910/9-92-029F, USEPA 1992 or an equivalent method;

(2) Be collected only after monitoring of screening parameters indicates stabilization in accordance with the following:

a. For a period of no less than 10 hours, hourly screening of discharge water for pH, specific conductance and temperature does not vary by:

1. More than 0.2 standard units for pH;

2. More than 3 percent for specific conductance; and

3. More than 2 degrees Celsius for temperature; and

b. Screening of the discharge water for pH, specific conductance and temperature shall continue throughout the duration of sample collection once stabilization in accordance with a., above, has been met; and

(3) Include screening of pH, specific conductance and temperature in the surface water closest to the proposed new production well at the same monitoring frequency as the discharge water.

(g) Proposed new production wells shall be exempt from sampling for microscopic particulates if the applicant demonstrates through site-specific observations and monitoring that:

(1) A continuous confining unit is present between the proposed new production well and the surface water; and

(2) Through water level monitoring performed during the pumping test in accordance with Env-Dw 302.14, a direct hydraulic connection does not appear to exist between the proposed new production well and the surface water.

(h) All analyses shall be performed by a laboratory that is accredited for all applicable drinking water categories and methods in accordance with Env-C 300.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.16 Criteria and Procedures for Approval of the Preliminary Report.

(a) The department shall approve or deny the preliminary report in writing within 45 days of:

(1) Closure of the written public comment period required pursuant to RSA 485-C:21, if applicable; or

(2) Receipt of all information required by Env-Dw 302.05(a), if RSA 485-C:21 does not apply.

(b) The department shall approve the preliminary report upon determining that:

(1) The report contains all information required by Env-Dw 302.05(a);

(2) The information contained in the report is complete and correct; and

(3) Public notification requirements required by RSA 485-C:21 have been completed.

(c) If the report fails to meet any of the criteria listed in (b), above, the notice sent pursuant to (a), above, shall specify the area(s) in which the report is deficient.

(d) The department shall advise the applicant not to proceed further in the well siting process if information concerning known contamination sources evaluated in accordance with Env-Dw 302.13 indicates that an adequate contamination control program can not be implemented to prevent degradation of water quality at the proposed well.

(e) The department shall advise the applicant when, based on the information provided in the preliminary report, a waiver will be required for a specific requirement of these rules.

(f) The department shall require additional sampling to be conducted at the production well or other monitoring points if review of the preliminary report indicates the possible presence of contamination sources.

(g) The department shall include such conditions in the preliminary report approval as are necessary to ensure compliance with this part and protection of public health and the environment.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.17 Duration of Preliminary Report Approval; Effect of Expiration.

(a) The preliminary report approval shall expire 4 years from the date of approval if a final report has not been received by the department prior to that date.

(b) Any person wishing to develop a well after a preliminary report approval has expired shall submit a new preliminary report in compliance with this part.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.18 Completion of Approval Process. Upon receipt of department approval of the preliminary report, the applicant shall:

(a) Perform the pumping test and water quality sampling program in accordance with Env-Dw 302.19 and any conditions specified in the approval;

(b) Demonstrate that under existing land use and aquifer conditions, acceptable water quality can be produced by the well, provided that for parameters that exceed primary or secondary maximum contaminant levels specified in Env-Dw 702 through Env-Dw 706, treatment or other management techniques may be used when approved by the department in accordance with Env-Dw 404;

(d) Refine the conceptual hydrogeologic model in accordance with Env-Dw 302.21;

(e) Refine the wellhead protection area delineation in accordance with Env-Dw 302.22;

(f) Update and revise the contamination source inventory and the water resources and uses inventory in accordance with Env-Dw 302.23;

(g) Establish a contamination control program in accordance with Env-Dw 302.24 for any known source of contamination evaluated in accordance with Env-Dw 302.13;

(h) Establish a wellhead protection program in accordance with Env-Dw 302.25;

(i) Provide information demonstrating the well complies with Env-Dw 302.26;

(j) Submit a final report to the department in accordance with Env-Dw 302.27; and

(k) Submit and obtain approval for a water conservation plan prepared in accordance with Env-Wq2101.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.19 Performing the Pumping Test and Water Quality Sampling.

(a) Subject to (e), below, the applicant shall perform the pumping test in accordance with the pumping test proposal as approved in the preliminary report.

(b) The applicant shall notify the department of the anticipated start date at least one week prior to the start of the pumping test.

(c) Prior to conducting the pumping test, the applicant shall provide a copy of the temporary groundwater or surface water discharge permit obtained for the pumping test pursuant to Env-Wq 402.

(d) The pumping test shall be supervised by a person who is qualified based on education and experience in hydrogeology to quantitatively analyze and interpret the results of the test.

(e) The applicant shall postpone or prolong the pumping test if high recharge conditions are likely to result in test data that cannot be used for the purposes specified in Env-Dw 302.14(a). This determination shall be made jointly by the applicant and the department based on site-specific conditions at the time of testing. If high recharge conditions are present but postponing or prolonging the test is not reasonably feasible, the applicant shall include a justification for not postponing or prolonging the test in the final report and adjust the collected data using conservative assumptions to reflect average conditions.

(f) The applicant shall undertake water quality sampling in accordance with the approved proposal.

(g) If the applicant wishes to change any aspect of the pumping test or water quality sampling program, the applicant shall submit a written request to the department that identifies the requested change(s) and explains why the change(s) should be approved.

(h) The department shall approve a requested change if the modification does not affect the integrity of the data collected and the resulting modified testing protocol will produce the necessary information.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.20 Permitted Production Volume.

(a) The permitted production volume shall be the volume produced during the pumping test by pumping at the constant pumping rate for the final 24 continuous hours of the pumping test.

(b) The actual rate at which water is withdrawn from an approved well may vary, but shall not exceed the permitted production volume.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.21 Conceptual Hydrogeologic Model Refinement.

(a) The conceptual hydrogeologic model submitted with the preliminary report shall be refined as specified in Env-Wq 403.15 using the results of the pumping test completed in accordance with Env-Dw 302.19.

(b) Conceptual hydrogeologic model refinement shall include a refinement of the potential impact area estimate for the proposed withdrawal.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.22 Wellhead Protection Area Refinement.

(a) The applicant shall refine the estimated wellhead protection area presented in the preliminary report using one of the methods described in Env-Dw 302.11 or an alternate method described pursuant to (d), below, as explained in the preliminary report.

(b) If the applicant wishes to change the refinement method described in the preliminary report, the applicant shall submit a written request to the department that includes a detailed description of the requested change and the reason(s) why the change is being requested.

(c) The department shall approve a request to alter the refinement method if the method as proposed to be changed results in a wellhead protection area that is technically equal to, or more conservative than, the wellhead protection area that the original method would have produced.

(d) An alternative wellhead protection area refinement method shall be an analytical or numerical model that incorporates aquifer parameter values derived from the pumping test, provided that model’s assumptions are not violated and conservative estimates of aquifer parameter values are used. The use of models that rely on porous media assumptions shall be allowed only for use with a bedrock production well if those assumptions are demonstrated to be valid for the well site.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.23 Contamination Source and Water Resource and Use Inventories Update and Revision. The applicant shall update and revise the preliminary contamination source inventory and water resources and uses inventory for the refined wellhead protection area as follows:

(a) If fewer than 90 days have elapsed since the preliminary inventories were completed, the applicant shall determine whether any new contamination sources or water resources and uses, or both, have been located in the area within the preliminary estimate of the wellhead protection area and, if so, add them to the preliminary inventories for the final report; and

(b) If 90 days or more have elapsed since the inventories were completed and for any area that is in the revised wellhead protection area that was not in the preliminary estimate, the applicant shall perform all of the procedures required for the preliminary inventories as specified in Env-Dw 302.12.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.24 Contamination Control Program.

(a) The applicant shall establish a contamination control program that minimizes the risk of contamination at the well from known contamination sources.

(b) The program shall establish requirements, including a schedule, for monitoring and any necessary remediation of residual contamination from known contamination sources in the wellhead protection area.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.25 Wellhead Protection Program.

(a) The applicant shall establish a wellhead protection program that includes:

(1) Updating the contaminant source inventories as specified in Env-Dw 302.23 at intervals no greater than 3 years; and

(2) Sending written notification as provided in (b), below, to the owner of each known contamination source and each potential contamination source listed in the inventory within 90 days of connection of the new source to an existing system or startup of the new system and at intervals no greater than 3 years thereafter.

(b) The notification required by (a)(2), above, shall include:

(1) The name and address of the supplier of water;

(2) A statement that the property is in a wellhead protection area of a community water system;

(3) Identification of the present use of the property and a statement that such use is considered to have potential for groundwater contamination and might be subject to Env-Wq 401 relative to best management practices for groundwater protection;

(4) A copy of groundwater protection education material that the department has developed;

(5) Notification that any non-permitted discharges to groundwater are prohibited by RSA 485-A:13 and that contamination of groundwater is illegal under RSA 485-A, RSA 485-C, and other statutes; and

(6) The name and telephone number of the supplier of water and of an employee of the department to whom questions can be referred.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.26 Well Installation.

(a) The applicant shall engage a New Hampshire licensed water well contractor to install the well in compliance with the rules adopted by the New Hampshire water well board pursuant to RSA 482-B, We 100 et seq.

(b) In addition to any construction standards included in (a), above, the following shall apply:

(1) To prevent surface water from channeling along the well casing, the void area outside the well casing shall be filled with cement grout, bentonite grout, or a cement-bentonite grout mixture to within at least 6 feet of the ground surface from:

a. For bedrock production wells, the bottom of the pilot hole; and

b. For overburden production wells, an appropriate depth determined by the NH-licensed water well contractor based on well design and the type of unconsolidated material encountered when installing the well; and

(2) The well casing shall:

a. Extend at least 18 inches above the ground surface for production wells that are not installed within the 100-year flood zone; or

b. Extend at least 3 feet above the base flood elevation or highest known flood elevation, whichever is higher, for production wells that are installed within the 100-year flood zone.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.27 Final Report Required.

(a) The applicant shall submit a final report as specified in (c), below, to the department while the approval of the preliminary report is in effect.

(b) The final report submitted pursuant to (a), above, shall be:

(1) Dated, signed, and sealed by the professional of record;

(2) Submitted at the same time as the final report developed in accordance with Env-Wq 403 if the new production well meets the definition of a large groundwater withdrawal; and

(3) Submitted electronically in a portable document format.

(1) A cover page as specified in Env-Dw 302.28, which has been signed as specified in Env-Dw 302.07; and

(2) The information identified in Env-Dw 302.29.

(d) The department shall review the final report as specified in Env-Dw 302.30.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.28 Final Report: Cover Page. The cover page required by Env-Dw 302.27(c)(1) shall contain the following:

(a) Information to identify the persons involved, as follows:

(1) The applicant’s name, mailing address, daytime telephone number including area code, and website URL, if any;

(3) The name, mailing address, email address, and daytime telephone number with area code of the water system owner and the owner of the property on which the well is located, if other than the applicant; and

(4) The name, mailing address, daytime telephone number including area code, and email address of the person responsible for performing the pumping test and water quality sampling program; and

(b) If any of the information provided pursuant to Env-Dw 302.06(b)-(c) has changed, updated information.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.29 Final Report: Contents. The applicant shall provide the following pursuant to Env-Dw 302.27(c)(2):

(a) If the applicant did not have legal control of the sanitary protective area at the time the preliminary report was submitted, documentation of legal control of the sanitary protective area;

(b) Documentation to support:

(1) The refined conceptual hydrogeologic model required by Env-Dw 302.21;

(2) The refined wellhead protection area required by Env-Dw 302.22, including documentation of the refinement method used; and

(3) The updated contamination source inventory and water resource and use inventory required by Env-Dw 302.23;

(d) A description of the wellhead protection program, including:

(1) The name, title, mailing address, daytime telephone number including area code, and email address, if any, of the individual responsible for implementing the wellhead protection program;

(2) A list of the name and address of each intended recipient of the mailing required by Env-Dw 302.25;

(3) A statement as to the intent of the CWS to initiate a best management practices inspection and survey program for potential contaminant sources that are within the wellhead protection area identified in accordance with Env-Dw 302.22 and that are subject to Env-Wq 401, or, as an alternative, identification of the anticipated date when the wellhead protection area is to be reclassified to GAA per RSA 485-C:9, II; and

(4) Identification of the process and schedule for adoption of any local policies, procedures, or regulatory requirements necessary for implementing best management practices for prevention of groundwater contamination in the wellhead protection area;

(e) A description of the pumping test including:

(1) All of the data collected;

(2) A description of how each pumping test requirement in the approved preliminary report was met;

(3) If an alternate pumping test method was approved in the preliminary report, all data and analyses as proposed in the preliminary report and the justification for the alternative method required by Env-Dw 302.14(j)(4); and

(4) The following information as part of the pumping test data analyses and presentation:

a. A table of the time elapsed from the initiation of the pumping test that includes:

1. The pumping rate;

2. The recorded water level at each monitoring location;

3. Groundwater levels corrected for other hydraulic influences; and

4. Rainfall data;

b. A daily log of site activity and weather conditions;

c. Plots of recorded and corrected water level data versus time, as log-log and semi-logarithmic graphs, with time plotted on the logarithmic axis, in each of the following formats:

1. Drawdown versus time, with time expressed in minutes of elapsed time and plotted on the logarithmic axis;

2. Extrapolation of drawdown in each test well indicated by a straight line drawn through the water level data on a semi logarithmic plot with a slope based on data points from the end of the pumping test and extended to 180 days, or 259,200 minutes; and

3. Recovery versus time, with time expressed in minutes of elapsed time and plotted on the logarithmic axis;

d. Semi-logarithmic plots of drawdown at the end of the pumping period versus distance from the test wells plotted with distance on the logarithmic axis, specifying well names with all data points; and

e. For overburden wells:

1. Estimates of transmissivity and storage coefficient based on time-drawdown and distance-drawdown plots; and

2. An explanation of the estimating method that is based on a comparison of the assumptions underlying the method and aquifer characteristics observed during the pumping test;

(f) A description of the water quality sampling program, with specific note of any deviations from the program as approved in the preliminary report, and copies of all laboratory results;

(g) A proposed permitted production volume and a description of the means by which it was established in accordance with Env-Dw 302.20;

(h) An estimate of the effect pumping the permitted production volume from each well will have on:

(1) Water levels in private and public wells within 1,000 feet of each test well;

(2) Water levels in nearby surface waters and wetlands;

(3) Existing groundwater contamination plumes; and

(4) Saltwater intrusion into the freshwater aquifer;

(i) A vulnerability assessment of potential impacts to the well from natural hazards, if necessary based on the well’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

(j) A copy of the well completion report prepared in accordance with We 800 or successor rules.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.30 Criteria and Procedures for Approval of New Production Wells.

(a) The department shall approve or not approve the well documented in the final report in writing:

(1) Within 45 days of closure of the written public comment period required pursuant to RSA 485-C:21, if applicable; or

(2) If RSA 485-C:21 does not apply, within 45 days of receipt of all information required by Env-Dw 302.27(a).

(b) Subject to (c) and (d), below, upon determining that the final report contains all required information and is correct and complete, the department shall approve the well(s) and notify the applicant in writing in accordance with (a), above.

(c) If the final report fails to meet all criteria in (b), above, the notice sent pursuant to (a), above, shall identify each deficiency.

(d) The department shall not approve any proposed new production well if any of the following are true:

(1) One or more contamination sources is present in the wellhead protection area and the contamination control program prepared in accordance with Env-Dw 302.24 does not ensure that contamination will not degrade water quality at the well;

(2) The well was not constructed in accordance with Env-Dw 302.26 and any other applicable requirements;

(3) The applicant does not have legal control of the well site and sanitary protective area;

(4) The extrapolated 180-day drawdown exceeds 90% of the available drawdown in the proposed production well at the production volume sought for approval;

(5) If applicable, public notification requirements required by RSA 485-C:21 have not been completed;

(6) If applicable, the applicant failed to obtain a large groundwater withdrawal permit in accordance with Env-Wq 403;

(7) The applicant failed to submit and obtain approval for a water conservation plan in accordance with Env-Wq 2101;

(8) The applicant has not submitted an acceptable wellhead protection program; or

(9) The applicant has failed to perform any activity or to meet any of the requirements contained in these rules.

(e) The department shall include such conditions in the approval for a new production well as are necessary to ensure compliance with this part and protection of public health and the environment.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.31 Duration of Final Approval; Effect of Expiration.

(a) Approval of a well issued pursuant to Env-Dw 302.30 shall lapse 6 years after issuance if the well is not connected to a water system within that time.

(b) After approval has lapsed pursuant to (a), above, if the applicant wishes to reinstate the approval the applicant shall submit a written request to the department that includes:

(1) Information demonstrating the previously-approved well still meets the well siting requirements of Env-Dw 302.09 and Env-Dw 302.10;

(2) An update of the contamination source inventory and the water resource and use inventory in accordance with Env-Dw 302.23;

(3) An update of the wellhead protection program in accordance Env-Dw 302.25 using information obtained pursuant to (2), above; and

(4) A plan that includes:

a. Completion of a short term pumping test at least 48 hours in duration at the previously-approved permitted production volume; and

b. Collection of a water quality sample from the production well at the end of the pumping test for parameters identified in Env-Dw 302.15.

(c) The department shall authorize the applicant to conduct the pumping test and water quality sampling presented in the plan under (b)(4), above, if the materials provided pursuant to (b)(1)-(3) demonstrate that ambient conditions have not materially changed since the well was approved or, if ambient conditions have materially changed, the change(s) can be addressed so that the well will provide acceptable water quality.

(d) The department shall reinstate the lapsed approval for a period of 6 years within 30 days of receiving information that demonstrates:

(1) The short-term pumping test has been completed; and

(2) The water quality sample collected from the well indicates acceptable water quality.

(e) Any approval reinstated pursuant to (d), above, shall lapse as provided in (a), above.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.32 On-going Compliance with Wellhead Protection Program.

(a) The supplier of water shall demonstrate ongoing compliance with the wellhead protection program by providing a compliance report to the department as specified in (b), below, once every 3 years concurrent with the education mailing program.

(b) The compliance report required by (a), above, shall comprise the following information on or with an Educational Mailing Completion form obtained from the department:

(1) The name of the supplier of water and the name and title of the individual authorized by the supplier to sign the compliance report;

(2) The CWS name, PWS identifier, and source identifier;

(3) The town in which the CWS is located;

(4) The date the educational mailing was completed; and

(5) The following details of the best management practices (BMP) inspection and survey program, using the BMP questionnaire for large CWS obtained from the department:

a. The CWS name and PWS identifier;

b. Whether there are potential contamination sources (PCSs) within the wellhead protection area that are subject to Env-Wq 401; and

c. If there are PCSs within the wellhead protection area that are subject to Env-Wq 401:

1. Whether the CWS is current with its BMP survey obligations;

2. The name and date of visitation for each facility from the most recent round of surveys; and

3. Whether the individual conducting the BMP surveys has been trained by department staff and if so, the date of the training.

(c) The individual authorized by the supplier of water shall sign the compliance report in accordance with Env-Dw 302.07.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.33 Modifying the Wellhead Protection Area.

(a) A supplier of water that wishes to modify the wellhead protection area of one or more wells shall submit a written request to the department.

(b) A request filed pursuant to (a), above, shall include new or updated information that is directly relevant to the determination of a wellhead protection area as specified in Env-Dw 302.11 and Env-Dw 302.22.

(c) The department shall approve a request to modify the wellhead protection area if the new or updated information provided with the request demonstrates that modifying the wellhead protection area will not materially increase the risk of contamination of the water drawn from the well.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.34 Constructing a Back-up Large Production Well.

(a) Any supplier of water proposing to construct a back-up large production well shall meet the requirements of Env-Wq 403.34.

(b) In addition to the requirements of (a), above, the CWS owner siting the back-up well shall:

(1) Locate the back-up well in accordance with Env-Dw 302.09;

(2) Establish a sanitary protective area for the back-up well in accordance with Env-Dw 302.10;

(3) Develop a wellhead protection area for the back-up well in accordance with Env-Dw 302.11 and Env-Dw 302.22 unless, through prior pumping test data, the water system shows that the zone of contribution of the back-up well is within the wellhead protection area developed for an existing well;

(4) Perform a pumping test of the back-up well in accordance with Env-Dw 302.14 to establish the permitted production volume for the well;

(5) Collect a water quality sample, in accordance with Env-Dw 302.15(d) and (e) within the last 3 hours of the pumping test conducted pursuant to (4), above; and

(6) Submit and obtain approval of a water conservation plan in accordance with Env-Wq 2101.

(c) If the CWS has a wellhead protection program, the CWS owner shall include the wellhead protection area developed for the back-up well in its wellhead protection program.

(d) If the CWS does not have a wellhead protection program, the CWS owner shall develop and implement a wellhead protection program in accordance with Env-Dw 302.25 for the back-up well and the existing well(s) for which the back-up well is being provided.

(e) Prior to approval of the back-up well, the CWS owner shall submit a report that describes and provides supporting documentation for the following:

(1) Information pursuant to the requirements in (a) and (b), above;

(2) The pumping test performed and the proposed permitted production volume for the back-up well;

(3) Results of water quality sampling demonstrating that the back-up well will meet all water quality standards required by Env-Dw 707 through 713;

(4) A site map depicting the following:

a. The back-up well location;

b. The sanitary protective area;

c. The wellhead protection area; and

d. The location of the back-up well in relation to surface water, wetlands, and the 100-year flood zone;

(5) The wellhead protection program developed for the CWS; and

(6) A copy of the well completion report for the back-up well, filed in accordance with We 800, that demonstrates compliance with the well construction criteria of Env-Dw 302.26.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.35 Replacing an Existing Large Production Well.

(a) A supplier of water proposing to replace an existing large production well with a new production well may do so under reduced regulatory requirements provided:

(1) Supporting documentation is provided demonstrating that:

a. A decline in yield from an existing production well prevents the system from maintaining the water supply source capacity requirements of existing customers; or

b. Water quality in the existing well does not meet current drinking water standards and treatment is not possible or feasible; and

(2) The replacement well shall:

a. Not be used for water use beyond the approved or established capacity of the well to be replaced;

b. Meet the requirements specified in Env-Dw 403.34; and

c. Derive water from the same zone of contribution as the well that is being replaced.

(b) A CWS proposing to replace any active large production well shall submit a request to the department that contains the following information:

(1) A description of the project including:

a. The applicant’s name, mailing address, and daytime telephone number and, if available, an e-mail address and fax number;

b. The consultant’s name, mailing address, and daytime telephone number, if applicable and, if available, an e-mail address and fax number;

c. The name of the water system;

d. The federal identification number for the existing large production well being replaced; and

e. The water supply requirements for the system.

(2) A site plan and description of all land uses in the sanitary protective area of the replacement well and any measures taken to achieve compliance with Env-Dw 302.10;

(3) A current tax map showing property boundaries, well location, eased areas, sanitary protective areas and lot owners;

(4) A site plan and description of the replacement well in relation to surface water, wetlands and the 100-year flood zone and any department-approved measures, if applicable, taken to elevate the permanent well casing;

(5) A general description of current water quality in the existing well, if available;

(6) A plan for completing the following;

a. Performance of a constant rate pumping test that conforms to Env-Dw 302.14(b); and

b. Collection of water quality samples in accordance with Env-Dw 302.15; and

(7) A plan for sealing the well that is to be replaced in accordance with We 600, provided that if the well will not or cannot be sealed the applicant shall submit a water conservation plan in accordance with Env-Wq 2101.

(c) The department shall approve the replacement well, provided the supporting documentation and data submitted by the applicant demonstrates the following:

(1) The applicant has provided the pumping test data and demonstrated a long-term sustainable yield for the replacement well;

(2) The applicant has provided the water quality results and laboratory reports from the sampling conducted during the pumping test;

(3) A statement has been provided by a NH licensed water well contractor that the existing well has been sealed in accordance with We 600, or a water conservation plan developed in accordance with Env-Wq 2101 has been approved;

(4) The applicant has provided the department with a copy of the well completion report for the replacement well, filed in accordance with We 800;

(5) The applicant has documented that sanitary protective area requirements, in accordance with Env-Dw 302.10, have been met, or improvements have been made to minimize the risk of contamination; and

(6) The applicant has documented that the surface water setbacks established in Env-Dw 302.09 have been met, or improvements have been made to minimize the potential for surface water influence on water pumped from the replacement well.

(d) The replacement well shall be approved for the previously approved or established capacity of the well being replaced or the long-term sustainable yield as tested, whichever is less.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Env-Dw 302.36 Waivers. Any applicant or supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so in accordance with Env-Dw 202.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

PART Env-Dw 303 GROUNDWATER SOURCES OF BOTTLED WATER

Statutory Authority: RSA 485:3, XI

Revision Note #1:

Document #8998, effective 9-29-07, readopted with amendments and renumbered former Part Env-Ws 389, titled “Groundwater Sources of Bottled Water,” under a new subtitle as Part Env-Dw 303. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #8998 replaced all prior filings for rules formerly in Part Env-Ws 389. The prior filings for rules in former Part Env-Ws 389 included the following documents:

#6973, eff 4-5-99

#8850, INTERIM, eff 4-5-07, EXPIRES: 10-2-07

REVISION NOTE#2:

Document #11059, effective 4-1-16, readopted with amendments Part Env-Dw 303 titled “Groundwater Sources of Bottled Water”, last filed under Document #8998, effective 9-29-07. Document #11059 deleted many definitions in the former Part Env-Dw 303 which were adopted by Document #11060, effective 4-1-16, in Part Env-Dw 301. Document #11059 also extensively amended and renumbered other existing rules within the former Part Env-Dw 303. Document #11059 replaces all prior filings for rules in the former Part Env-Dw 303 as filed under Document #8998.

The former Part Env-Dw 303 had last been filed under Document #8998, effective 9-29-07. These rules did not expire on 9-29-15 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #11059 and Document #11160, as appropriate, effective 4-1-16.

Env-Dw 303.01 Purpose. The purpose of these rules is to implement RSA 485:1, II(g) by establishing procedures and standards for the development and approval of new groundwater sources of water used in the production of bottled water.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.02 Applicability. These rules shall apply to new groundwater sources of water used in the production of bottled water.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.03 Definitions.

(a) “Artesian water” means “artesian water” as defined in 21 CFR 165.110(a)(2)(i), 4-1-15 edition, namely “water from a well tapping a confined aquifer in which the water level stands at some height above the top of the aquifer”.

(b) “Borehole” means a hole dug, drilled, or bored into the earth.

(c) “Natural orifice” means an opening occurring naturally at the land surface, without any alteration of the land surface.

(d) “New source” means:

(1) A source installed or sited after April 5, 1999;

(2) A source installed or sited before April 5, 1999 that wants to increase the approved permitted production volume;

(3) A source previously approved by the department for which the approval has expired; or

(4) A source previously approved by the New Hampshire department of health and human services that has not obtained or maintained a facility license in accordance with He-P 2106.

(e) “Protected area” means a wellhead protection area for a groundwater source of bottled water.

(f) “Spring water” means “spring water” as defined in 21 CFR 165.110(a)(2)(vi), 4-1-15 edition, namely “water derived from an underground formation from which water flows naturally to the surface of the earth”.

(g) “Stratum” means a geologic formation or formations, or a discontinuity in or between geologic formations, which may in some cases serve as a source of water or as a pathway for groundwater to reach the surface.

(h) “Well water” means water derived from a groundwater source that is neither artesian water nor spring water.

(i) “Wellhead” means the structure through which, and location where, a groundwater source of bottled water reaches the land surface, such as the well casing, a spring collection box, or the natural orifice of a spring.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.04 Pre-Approval of Groundwater Source of Bottled Water Required.

(a) No person shall use a groundwater source to produce bottled water without first obtaining approval of the source from the department in accordance with these rules.

(b) Any person proposing a withdrawal of groundwater to produce bottled water that would exceed the threshold established in RSA 485-C:21 for large groundwater withdrawals shall also obtain approval of the large groundwater withdrawal pursuant to RSA 485-C:21 and Env-Wq 403.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.05 Obtaining Approval for a New Groundwater Source of Bottled Water.

(a) Any person seeking approval for a new groundwater source for bottled water that would not qualify as a large groundwater withdrawal under RSA 485-C:21 shall apply for approval of the source by submitting to the department:

(1) The cover page specified in Env-Dw 303.06;

(2) The application information required by Env-Dw 303.07;

(3) The source classification statement required by Env-Dw 303.19;

(4) A water conservation plan prepared in accordance with Env-Wq 2101; and

(5) If applicable, a copy of the well completion report that demonstrates the well complies with applicable standards, currently We 100-800 as adopted by the New Hampshire water well board pursuant to RSA 482-B, subject to any modifications in Env-Dw 303.24(a)(2).

(b) Any person seeking approval for a new groundwater source for bottled water that would qualify as a large groundwater withdrawal under RSA 485-C:21 shall apply for approval of the source by submitting to the department the information required by (a), above, and the application required by Env-Wq 403.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.06 Application: Cover Page.

(a) The cover page required by Env-Dw 303.05(a)(1) shall contain the following:

(1) The applicant’s name, mailing address, daytime telephone number including area code, and website URL, if any;

(3) The location of the proposed source, by tax map and lot number; and

(4) The volume of the proposed withdrawal.

(b) If the applicant is an individual, the applicant shall sign and date the application.

(c) If the applicant is other than an individual, the applicant shall authorize an official of the applicant to sign the application, and the authorized individual shall sign and date the application and print or type his or her name and title.

(d) A signature provided under (b) or (c), above, shall constitute certification 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:

a. The submission of false, incomplete, or misleading information is grounds for:

1. Not approving the application;

2. Revoking any approval or request that is granted based on the information;

3. Referring the matter to the joint board 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; and

(3) The applicant agrees to comply with all applicable rules and conditions of the approval, if issued.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.07 Application: Required Information. The applicant for a new groundwater source for bottled water shall provide the following pursuant to Env-Dw 303.05(a)(2):

(a) A description of the source location and a delineation of the location on a USGS map demonstrating that the wellhead for the source meets the requirements in Env-Dw 303.08, together with:

(1) The location of the 100-year flood elevation, the flood plain location, and all surface waters within 100 feet of the wellhead; and

(2) A vulnerability assessment for potential impacts from natural hazards, as necessary based on the source’s location relative to surrounding topographic and hydrologic features that would pose a reasonable threat to the wellhead’s structural integrity or functionality, or both;

(b) A description of the sanitary protective area as specified in Env-Dw 303.09;

(d) A preliminary estimate of the protected area in accordance with Env-Dw 303.11 that has been refined in accordance with Env-Dw 303.20 after the source evaluation required by Env-Dw 303.14;

(e) A preliminary contamination source and water resource and use inventory and the map required by Env-Dw 303.12 that has been refined in accordance with Env-Dw 303.22 after completion of the source evaluation required by Env-Dw 303.14;

(f) A description of the source evaluation conducted as required by Env-Dw 303.14;

(g) A proposed permitted production volume in accordance with Env-Dw 303.17;

(h) A description of the source protection program developed in accordance with Env-Dw 303.21; and

(i) A description of the contamination control program for known contamination sources within the protected area developed as specified in Env-Dw 303.23.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.08 Wellhead Location.

(a) Subject to (b), below, the wellhead of a new groundwater source of bottled water shall be at least 50 feet from surface waters.

(b) The wellhead for a proposed source that is a spring may be within 50 feet of the spring if the applicant demonstrates that surface water generated from the spring does not infiltrate and recharge the wellhead during the source evaluation required by Env-Dw 303.14.

(c) The wellhead shall not be subject to flooding at the 100-year recurrence interval. The applicant may fill to elevate a wellhead and pumping station for flood protection purposes, provided that all required permits for placing of fill within wetlands and flood plains have been obtained.

(d) Where spring water is collected with the use of external force, no filling of the spring’s natural orifice shall be allowed.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.09 Sanitary Protective Area.

(a) The sanitary protective area for any source shall be determined as specified in Env-Dw 302.10(a) and (b), regardless of the type of source or proposed capacity.

(b) The department shall not approve a source unless the applicant owns all the land within the sanitary protective area or controls it by other legal means, such as by recorded easement. If the applicant’s control of the sanitary protective area is time-limited, the department’s approval of the source shall be equally time-limited.

(c) If a source is approved, the applicant shall maintain the sanitary protective area of the source in a natural state at all times except as necessary for activities necessary for the use and maintenance of the wellhead that do not pose a contamination risk to groundwater.

(d) No underground utilities shall be installed within the sanitary protective area except for conduits for water derived from the source or electrical or communication lines. In specific cases where this requirement imposes unusual constraints on construction, the department shall allow other installations if the applicant demonstrates by clear and convincing evidence that the construction methods and materials proposed to be used will not increase the risk of contamination within the sanitary protective area.

(e) No person shall discharge to the sanitary protective area any drainage prohibited by Env-Dw 302.10(e).

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.10 Conceptual Hydrogeologic Model.

(a) The applicant shall engage a qualified professional to develop a conceptual hydrogeologic model of the source and its protected area.

(b) The conceptual model shall be:

(1) Developed in accordance with the requirements for preparing a conceptual hydrologic model and potential impact area for large groundwater withdrawals specified in Env-Wq 403; and

(2) Refined based on the results of the source evaluation performed in accordance with Env-Dw 303.14.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.11 Preliminary Estimate of the Protected Area.

(a) The protected area for a source that is a well that would have a capacity of equal to or greater than 57,600 gallons in a 24-hour period shall be determined as specified in Env-Dw 302.11, except that “wellhead protection area” shall be replaced with “protected area”.

(b) For any other source, the applicant shall engage a qualified professional to develop a preliminary estimate of the protected area based on the conceptual hydrogeologic model developed as required by Env-Dw 303.10.

(c) The qualified professional shall refine the preliminary estimate of the protected area in accordance with Env-Dw 303.20 based on the results of the source evaluation performed in accordance with Env-Dw 303.14.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.12 Preliminary Contamination Source and Water Resource and Use Inventories.

(a) The applicant shall complete a preliminary contamination source inventory and a water resource and use inventory within the protected area before the source evaluation required by Env-Dw 303.14 is conducted.

(b) The inventories shall be performed in accordance with Env-Dw 302, except that “wellhead protection area” shall be replaced with “protected area”.

(c) The applicant shall map the location of all contamination sources and water resources and uses identified in accordance with (a), above, on a USGS map, and include with the map a table that identifies each information source and all search dates.

(d) The applicant shall describe each contamination source that has potential to affect the source by identifying the type of contamination and the status of any remediation effort(s) undertaken to contain or remove the contamination.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.13 Optional Pre-Test Conference.

(a) Department staff responsible for implementing these rules shall, upon request, meet with the applicant and the qualified professional engaged by the applicant to review a detailed proposal of the work to be performed under these rules.

(b) To request a pre-test conference, the applicant shall submit the request to the department in writing and include the following with the request:

(1) A sketch at a scale of approximately one inch equals 100 feet depicting the area and any land uses within 500 feet of the proposed source, with a description of how the site complies with the source location requirements in Env-Dw 303.08;

(2) A description of the conceptual hydrogeologic model developed in accordance with Env-Dw 303.10;

(3) A description of the preliminary estimate of the protected area delineated in accordance with Env-Dw 303.11;

(4) The preliminary contamination source inventory and water resource and use inventory completed in accordance with Env-Dw 303.12; and

(5) A description of the source evaluation, protected area delineation methodology, and contamination source control program to be conducted as required by Env-Dw 303.07.

(c) During the conference, department staff shall provide feedback on the acceptability of the site and proposed approaches under these rules within the limitations of what is known about the site at the time of the conference.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.14 Pumping Test or Source Evaluation Required.

(a) For any proposed source that is a well, the applicant shall:

(1) Engage a qualified professional to design a pumping test and water quality sampling program as specified in Env-Dw 302.14 and Env-Dw 302.15, respectively; and

(2) Submit the information required by Env-Dw 302.29(e).

(b) For any proposed source that is not a well, the applicant shall engage a qualified professional to design and implement a source evaluation for the proposed source as specified in:

(1) Env-Dw 303.15, for sources where external force will be used to collect water; or

(2) Env-Dw 303.16, for sources where external force will not be used.

(1) Refine the conceptual hydrogeologic model;

(2) Refine the protected area delineation;

(3) Establish the chemical quality of the source; and

(4) Develop, if necessary, a contamination control program.

(d) Alternative source evaluation methods shall be accepted, provided the applicant demonstrates by clear and convincing evidence that the alternative addresses the source evaluation objectives of (c), above, and achieves equivalent or superior results.

(e) Source evaluation methods, procedures, data, laboratory reports, and other supporting documentation shall be presented together with a discussion of, and conclusions drawn from, that information as required by Env-Dw 303.07(f).

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.15 Source Evaluation for Sources Using External Force. For any source where external force will be used to collect water, the source evaluation shall be conducted in accordance with the pumping test requirements for large community water system wells specified in Env-Dw 302, except as altered by the following:

(a) For a spring water source or artesian water source, the following shall apply:

(1) The source evaluation shall address both the natural high flow conditions and the natural low flow conditions of the source; and

(2) Low flow conditions shall be:

a. Evaluated by conducting the source evaluation during a low flow period; or

b. Predicted using hydrogeologically-valid methods provided that a monitoring program is designed and implemented to evaluate the potential for adverse impacts as described in RSA 485-C:21, V-c;

(b) For a spring where a borehole will be used to collect water, the source evaluation shall include the measurement of flows from the spring’s natural orifice at least as often as water levels are measured in the borehole, after the first 10 minutes of initiating and concluding pumping; and

(c) Water quality sampling shall be conducted in accordance with Env-Dw 302, and additional samples shall be collected and analyses performed if necessary to establish a contamination control program in accordance with Env-Dw 303.23.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.16 Source Evaluation for Sources Not Using External Force. For any source where no pumping or other external force will be used to collect water, the source evaluation shall be conducted as follows:

(a) The source evaluation shall address both the natural high flow conditions and the natural low flow conditions of the source;

(b) At least 2 monitoring wells shall be placed to meet the objectives of the source evaluation. Additional monitoring wells shall be required when preliminary information indicates they are necessary to meet the objectives of the source evaluation as specified in Env-Dw 303.14(c);

(1) Monitoring during the first 3 days shall be conducted with no withdrawal of water from the source;

(2) Monitoring from the beginning of day 4 through the end of day 8 shall be conducted while water is withdrawn from the source at the desired permitted production volume; and

(3) From the beginning of day 9 to the end of day 10, recovery monitoring shall be conducted with no withdrawal from the source;

(d) Water collected during the evaluation shall be discharged at a location that ensures the water cannot provide recharge to the source pursuant to a temporary groundwater discharge permit obtained under Env-Wq 402;

(e) The flow rate from the source shall be measured over a period of one minute or less at least twice daily at intervals of approximately 12 hours, using a calibrated flow meter, weir, flume, or similar device;

(f) Water levels in the source and in the monitoring wells shall be measured twice daily, at the same time the flow rate measurements are done;

(g) If the source ceases to flow during the withdrawal period specified in (3)b., above, the time that flow ceases and the time it starts again shall be recorded, and measurement of water levels shall replace flow measurements during any time the source is not flowing;

(h) Weather conditions, including rainfall amounts at the site, shall be recorded throughout the evaluation;

(i) Water levels in any surface water located within 500 feet of the source shall be measured to the nearest 0.01 foot and recorded at least twice daily during the evaluation, at the same time the flow rate measurements are done;

(j) The horizontal distance between each observation well, surface water measurement location, and the source shall be measured to the nearest foot;

(k) The vertical elevation of the observation wells, surface water, and source shall be established to the nearest 0.01 foot and referenced to the National Geodetic Vertical Datum of 1929 or subsequent national datum such as the North American Vertical Datum of 1988;

(l) Water level, flow rate, and date and time of measurement shall be tabulated and plotted;

(m) A regional groundwater flow net shall be constructed which shows flow directions in the horizontal and vertical planes and indicates hydraulic boundaries and recharge sources;

(n) Data collected pursuant to (a) through (m), above, shall be used to refine the protected area at the desired permitted production volume for 180 continuous days without recharge from rainfall; and

(o) Water quality sampling shall be as follows:

(1) A water quality sample shall be taken within the first 2 hours after initiating the evaluation;

(2) A second water quality sample shall be taken at the mid-point of the evaluation;

(3) A third water quality sample shall be taken during the last day of the evaluation;

(4) The samples shall be analyzed by a laboratory that has been accredited to perform drinking water testing in New Hampshire pursuant to Env-C 300 or equivalent standards established by EPA;

(5) The samples collected pursuant to (1) and (2), above, shall be analyzed for volatile organic compounds, iron, manganese, pH, specific conductance, hardness, chloride, sodium, nitrate, radon, and coliform bacteria;

(6) The sample collected pursuant to (3), above, shall be analyzed for radon, 1,4 dioxane, and those contaminants required to be monitored in accordance with Env-Dw 707 through Env-Dw 713; and

(7) Additional samples shall be collected and analyses performed if necessary to establish a contamination source control program in accordance with Env-Dw 303.23.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.17 Permitted Production Volume.

(a) The applicant shall propose a permitted production volume based on an analysis of the data derived from the source evaluation required by Env-Dw 303.07(g) and completed as specified in Env-Dw 303.14.

(b) The applicant shall calculate the proposed permitted production volume by applying the natural flow rate or pumping test production rate over 24 continuous hours of operation.

(c) The applicant shall use the proposed permitted production volume to determine the protected area and, if necessary, to develop a potential contamination source control program.

(d) The department shall accept the proposed permitted production volume if it determines, based on the data and documentation submitted by the applicant in support of the proposed permitted production volume, that the data is valid, the calculation was performed correctly, and other applicable requirements are met.

(e) Although the actual rate at which water is withdrawn from an approved source may vary, the permitted production volume shall not be exceeded.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.18 Source Classification; Collection from Source.

(a) The applicant shall engage a qualified professional to classify the proposed source as spring water, artesian water, or well water, as follows:

(1) A source shall be classified as spring water only if the water is from an underground formation from which water flows under a natural force to the surface of the earth through a natural orifice;

(2) A source shall be classified as artesian water only if the water is from a well tapping a confined aquifer in which the water level stands at some height above the top of the aquifer and the water does not qualify as spring water; and

(3) A source shall be classified as well water if it does not meet the criteria for classification as spring water or artesian water.

(b) Artesian water may be collected with the assistance of external force to enhance natural underground pressure.

(c) Spring water shall be collected either from the spring itself or through a borehole tapping the underground formation feeding the spring.

(d) Spring water shall not be collected using external force unless the water is from the same underground stratum as the spring, as demonstrated by the following:

(1) Observing and recording a measurable hydraulic connection, using a hydrogeologically-valid method, between the bore hole and the natural spring; and

(2) Collecting and analyzing water quality samples to show that water derived from the borehole is of the same composition and quality and has all the same physical properties, before treatment, as the water that flows naturally to the surface of the earth.

(e) Spring water shall not be collected using an external force if doing so prevents the natural flow of water to the surface of the earth through the spring’s natural orifice.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.19 Source Classification Statement.

(a) The qualified professional engaged pursuant to Env-Dw 303.18(a) shall prepare a source classification statement that designates the source as spring water, artesian water, or well water.

(b) The classification statement shall include the following:

(1) A statement that the qualified professional understands the definitions of spring water, artesian water, and well water contained in Env-Dw 303.03;

(2) A statement that a hydrogeologic investigation has occurred and documentation has been prepared to demonstrate that the source meets the requirements for the designated classification;

(3) A statement that the documentation supporting the classification has been provided to the applicant; and

(4) The name, title, and qualifications of the qualified professional.

(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:

1. Refusing to accept the classification statement;

2. Revoking any approval that is granted based on the information;

3. Referring the matter to the joint board 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. The signer is subject to the penalties for making unsworn false statements specified RSA 641:3 or any successor New Hampshire statute.

(d) The applicant shall keep all information regarding source classification provided by the qualified professional and produce this information on request to department representatives.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.20 Protected Area Refinement.

(a) The applicant shall refine the preliminary estimate of the protected area for the proposed groundwater source of bottled water at the permitted production volume with respect to no-flow boundaries, surface water connections, existing withdrawals, and any other hydrogeologic influences in accordance with the wellhead protection area refinement methodology specified in Env-Dw 302.22 for large community water system wells, except that “wellhead protection area” shall be replaced with “protected area”.

(b) The delineation and supporting evaluations and documentation shall be submitted as required by Env-Dw 303.07(d).

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.21 Source Protection Program.

(a) The applicant shall establish a source protection program that includes:

(1) Updating the contamination source inventory required by Env-Dw 303.12 and Env-Dw 303.22 at intervals no greater than 3 years;

(2) Sending notification to the owner of each contamination source listed in the inventory within 90 days of source startup and at intervals no greater than 3 years thereafter, which notification shall include:

a. The name, mailing address, and daytime telephone number of the applicant;

b. A statement that the property on which the contamination source is located is in a protected area of a groundwater source of bottled water and thus is considered to have the potential to contaminate the groundwater;

c. A copy of groundwater protection educational material that the department has developed;

d. Notification that any discharge of a regulated contaminant as defined in RSA 485-C:2, reprinted in Appendix B, onto or into the ground or groundwater is prohibited unless it is specifically authorized by a groundwater discharge permit issued pursuant to Env-Wq 402; and

e. The name and daytime telephone number of a contact at the department to whom questions can be directed; and

(3) Establishment of a water quality monitoring well network, when existing contamination sources may pose a significant risk of groundwater contamination.

(b) The applicant shall include a description of the source protection program in the application submitted pursuant to Env-Dw 303.07.

(c) If the source is approved, the owner of the source shall demonstrate ongoing compliance with the source protection program by notifying the department in writing, by letter or email, of the date of the educational mailing program for each round of notifications.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.22 Contamination Source and Water Resource and Use Inventory Update and Revision.

(a) The applicant shall update the preliminary inventory completed in accordance with Env-Dw 303.12 if it is more than 90 days old at the time the application is received by the department.

(b) The applicant shall revise the preliminary inventory to reflect any expansion or decrease in the protected area after it is refined in accordance with Env-Dw 303.20.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.23 Contamination Control Program.

(a) The applicant shall establish a contamination control program that minimizes the risk of contamination from all contamination sources.

(b) The contamination control program shall include requirements, including a schedule, for monitoring and any necessary remediation of residual contamination from all known contamination sources identified through the contamination source inventory performed in accordance with Env-Dw 303.12 and Env-Dw 303.22, to ensure that contamination does not reach the groundwater source of bottled water.

(c) The contamination control program shall include collection of water quality samples from new or existing monitoring wells located near potential contamination sources identified through the contamination source inventory performed in accordance with Env-Dw 303.12 and Env-Dw 303.22, when applicable, to ensure that contamination does not affect the groundwater source of bottled water.

(d) A description of the contamination control program and supporting evaluations and documentation shall be provided in the application submitted pursuant to Env-Dw 303.07.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.24 Source Design and Construction.

(a) When the new source is a well, the applicant shall:

(1) Engage a New Hampshire-licensed water well contractor to install the well in compliance with applicable rules, currently We 100-800 as adopted by the New Hampshire water well board pursuant to RSA 482-B;

(2) In addition to any construction standards included in (1), above, undertake the following:

a. To prevent surface water from channeling along the well casing, the void area outside the well casing shall be filled with cement grout, bentonite grout, or a cement-bentonite grout mixture to within at least 6 feet of the ground surface from:

1. For bedrock production wells, the bottom of the pilot hole; and

2. For overburden production wells, an appropriate depth determined by the NH-licensed water well contractor based on well design and the type of unconsolidated material encountered when installing the well; and

b. Extend the well casing:

1. At least 18 inches above the ground surface, for wells that are not installed within the 100-year flood zone; or

2. At least 3 feet above the base flood elevation or highest known flood elevation, whichever is higher, for production wells that are installed within the 100-year flood zone; and

(3) Submit a well completion report prepared in accordance with applicable requirements, currently We 800.

(b) When the source is not a well, the applicant shall submit a design and specification plan for the water collection structure to the department for review prior to construction. The department shall approve the design if the applicant demonstrates that the structure will protect the source against contamination from surface sources of pollutants.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.25 Approval of New Sources.

(a) Upon receipt of an application submitted pursuant to Env-Dw 303.07, the department shall review the application to determine whether all required information and materials are included.

(b) If the application does not contain all of the required information and materials, the department shall notify the applicant in writing of:

(1) What information and materials are missing;

(2) A reasonable deadline for submitting the information and materials, established based on the type and quantity of information and materials needed; and

(3) The consequences of not providing the specified information and materials by the specified deadline, namely that the application will be denied.

(c) If the applicant does not provide the missing information and materials by the deadline specified in the notice sent pursuant to (b), above, or such extended date that the applicant and the department have agreed to, the department shall deny the application and notify the applicant in writing of the denial and the basis therefor.

(d) Subject to (e), below, the department shall approve the source and notify the applicant and the department of health and human services that the source has been approved if it determines that:

(1) The application contains all the required information;

(2) The department concurs with the source classification designation prepared in accordance with Env-Dw 303.19; and

(3) All applicable requirements of Env-Dw 303 have been met.

(e) The application shall be denied if a contamination source is present in the protected area and the information submitted with the application does not demonstrate that the groundwater source of bottled water will be protected from the contamination Source.

(f) For a withdrawal designated as a large groundwater withdrawal, approval by the department shall be contingent on compliance with notification, impact assessment, and mitigation requirements pursuant to RSA 485-C:21, and permitting requirements of Env-Wq 403.

(g) The approval shall include such conditions for supplemental assessments, sampling, monitoring, record keeping and reporting as are necessary to verify compliance with these rules.

(h) Source approval shall expire 5 years after issuance if the source has not started producing bottled water within that time.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.26 Increasing the Permitted Production Volume.

(a) Withdrawal from a groundwater source of bottled water shall not exceed the permitted production volume determined in accordance with Env-Dw 303.17.

(b) Any request for increasing the permitted production volume shall require the submission of a complete application as would be necessary for approval of a new Source.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.27 Sampling Requirements for New Groundwater Sources of Bottled Water. The supplier of water from a new groundwater source of bottled water shall sample and test in accordance with He-P 2105.03.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.28 Waivers. Any applicant who wishes to request a waiver of specific rules outlined in this part shall request the waiver in accordance with Env-Dw 202.

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Env-Dw 303.29 Suspension or Revocation of Approvals.

(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.

(d) The department shall suspend the approval if the department determines, as a result of the proceeding initiated under (b), above, that:

(1) The project would conform to applicable requirements if the deficiency were corrected; 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, established based on the type and quantity of deficiencies and the information and materials needed to correct them; 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 project cannot be made to conform 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 and that the decision may be appealed as an enforcement decision in accordance with RSA 21-O:14.

(i) Good cause to suspend or revoke an approval shall include the following:

(1) The information on which the approval was based 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).

Source. (See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

PART Env-Dw 304 EMERGENCY BULK WATER SUPPLY FOR PUBLIC WATER SYSTEMS

Statutory Authority: RSA 485:3, I(c); RSA 485:8, II; RSA 485:10; RSA 485:40; RSA 485:41, II

Env-Dw 304.01 Purpose. The purpose of this part is to establish requirements for the use of bulk water as an emergency source of water by public water systems (PWS).

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

Env-Dw 304.02 Definitions.

(a) “Approved source” means a source of water that is either:

(1) A community water system (CWS) source approved by the department pursuant to Env-Dw 302, Env-Dw 305, or predecessor rules in Env-Ws 300 that is in compliance with those requirements;

(2) A bottled water source approved by the department pursuant to Env-Dw 303 or predecessor rules in Env-Ws 300 that is in compliance with those requirements;

(3) A CWS source or bottled water source approved by another state acting under the authority of the U.S. Environmental Protection Agency that is in compliance with those requirements; or

(4) A source approved pursuant to Env-Dw 304.03(b).

(b) “Bulk water” means water that is delivered to a PWS in discrete loads using a tanker truck.

(d) “Fill pipe” means the connection to the distribution system of a PWS through which bulk water is provided.

(e) “Finished water” means water that has been treated as required by RSA 485 and the rules in subtitle Env-Dw, such that it is in compliance with the standards specified in Env-Dw 700.

(f) “Tanker truck” means a motorized vehicle comprising a power unit and a tank with hoses, pumps, and other associated equipment needed to transfer the contents of the tank.

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

Env-Dw 304.03 Sources of Bulk Water.

(a) Bulk water provided to a PWS shall be finished water obtained only from an approved Source.

(b) Bulk water provided to a PWS may be obtained from a well that is not a source identified in Env-Dw 304.02(a)(1), (2), or (3) only if all of the following are met:

(1) For wells installed on or after August 17, 1983, the well was installed in accordance with standards established by the water well board by a well driller licensed in accordance with RSA 482-B;

(2) For wells installed prior to August 17, 1983, adequate well construction and water quality information exists to demonstrate that the well was constructed so as to prevent the direct introduction of contaminants from the surface into the well casing or screen;

(3) The well is located at least 50 feet away from surface water as defined in Env-Dw 103;

(4) The owner of the source maintains a water quality sampling program for the well as specified in Env-Dw 304.04; and

(5) The water quality sampling program shows that the water meets the standards specified in Env-Dw 700.

(1) A regular site visit once every 5 years to confirm compliance with (b), above; and

(2) Additional site visits as needed to investigate information received relative to potential non-compliance of the Source.

(d) Surface water that is not an approved source shall not be used as a source of bulk water.

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

Env-Dw 304.04 Water Quality Sampling Program.

(a) The water quality sampling program required by Env-Dw 304.03(b)(4) shall be as specified in (b) through (f), below.

(b) The owner of the source shall use a laboratory accredited under Env-C 300 to perform the specified tests.

(c) Subject to (d), below, the owner of the source shall submit all analytical results to the department within 14 days of the completion of the analysis.

(d) The owner of the source shall submit analytical results to the department immediately whenever:

(1) Any result exceeds the maximum contaminant level established in Env-Dw 700; or

(2) Any lead or copper result exceeds the action levels established in Env-Dw 714.

(e) Analytical analysis shall use methods that achieve laboratory reporting limits that are at or below:

(1) The maximum contaminant levels established in Env-Dw 700; and

(2) The action levels established in Env-Dw 714.

(f) The parameters tested and testing frequency shall be as follows:

(1) Testing once each calendar month for the absence or presence of total coliform;

(2) Testing once every 3 years for the following inorganic compounds:

a. Antimony;

b. Arsenic;

c. Asbestos;

d. Barium;

e. Beryllium;

f. Cadmium;

g. Chromium;

h. Copper;

i. Cyanide;

j. Fluoride;

k. Lead;

l. Mercury;

m. Selenium; and

n. Thallium;

(3) Testing once each calendar year for nitrate and nitrite; and

(4) Testing once every 3 years for the following volatile organic compounds:

a. Benzene;

b. Carbon tetrachloride;

c. cis-1,2-Dichloroethylene;

d. 1,2-Dichloroethane;

e. para-Dichlorobenzene (1,4-Dichlorobenzene);

f. 1,1-Dichloroethylene;

g. Dichloromethane (Methylene chloride);

h. Ethylbenzene;

i. 1,2-Dichloropropane;

j. Methyl tertiary-butyl ether (MtBE);

k. Monochlorobenzene (chlorobenzene);

l. o-Dichlorobenzene;

m. Styrene;

n. Tetrachloroethylene;

o. Toluene;

p. trans-1,2-Dichloroethylene;

q. Trichlorobenzene;

r. 1,1,1-Trichloroethane;

s. 1,1,2-Trichloroethane;

t. Trichloroethylene;

u. Vinyl chloride; and

v. Xylene.

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

Env-Dw 304.05 Tanks Previously Used for Substances Other Than Water or Food Products.

(a) Tanks previously used to transport petroleum products, toxic substances, or any non-food products shall not be used until the following is completed:

(1) The tank shall be thoroughly cleansed using appropriate sanitation methods to remove all previously transported products;

(2) The tank shall be filled with water that meets the standards specified in Env-Dw 700;

(3) The water in the tank shall be tested for the presence of contaminants associated with the products previously stored in the tank and the cleaners used to sanitize the tank;

(4) The process in (1) through (3), above, shall be repeated as often as necessary until the testing done pursuant to (3), above, shows no trace of contaminants;

(5) Pipes, hoses, fittings, and valves associated with the tank shall be replaced with equipment not previously used to transport petroleum products, toxic substances, or any non-food products; and

(6) The department has approved the use of the tank pursuant to (b), below.

(b) The department shall approve the use of a tank previously used to transport petroleum products, toxic substances, or any non-food products upon determining, based on written documentation submitted by the bulk water provider demonstrating compliance with (a), above, that the requirements have been met.

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

Env-Dw 304.06 Tank and Water Sanitation Practices.

(a) Prior to loading water from an approved source, the bulk water provider shall:

(1) Visually inspect the tank and all hoses, pipes, pumps, and other handling equipment for rust or sediment and, if any is found, remove it by rinsing and flushing; and

(2) If the immediately prior load was anything other than water from an approved source, clean and disinfect the tank and all hoses, pipes, pumps, and other handling equipment not replaced pursuant to Env-Dw 304.05(a)(5) using the materials and methods described in (f) and (g), below.

(b) All surfaces that come into contact with water during transport shall be:

(1) Made of a smooth, impervious, nonabsorbent, corrosion-resistant and non-toxic material such as stainless steel; and

(2) Maintained in good repair.

(d) Vents on tanks shall be protected to prevent contamination of the bulk water during filling and emptying.

(e) Bulk water shall be stored, loaded, transported, and unloaded in a manner that prevents contamination.

(f) Prior to using a tank to haul water from an approved source to a PWS where the immediately prior load was anything other than water from an approved source, the tank shall be cleaned using the following procedures:

(1) All debris in the tank shall be rinsed and flushed; and

(2) The tank shall be disinfected using one of the following methods:

a. Using a chemical sanitizer having an equivalent bactericidal action to 50 milligrams per liter (mg/l) available chlorine for 2 minutes at 57°F as an immersion or circulating solution to sanitize the entire tank volume; or

b. Using an ozone water solution with a concentration of 0.1 mg/l of ozone for 5 minutes as an immersion or circulating solution to sanitize the entire tank volume.

(g) Liquid sodium hypochlorite bleach used to comply with (2)a., above, shall:

(1) Contain no additives such as scent or cleaning enhancers; and

(2) Be mixed in the proportions identified in Table 304-1, below:

Table 304-1 Amount of Liquid Sodium Hypochlorite having 8.25% Available Chlorine

Per Volume of Water to Obtain Resulting Solution

Amount of Water→ Resulting Solution Concentration (mg/l) ↓	50 gallons	500 gallons	1,000 gallons	7,000 gallons
1	0.5 teaspoon	4.7 teaspoons	3 tablespoons	1.33 cups
50	0.5 cup	1 quart plus 1.0 cup	2 quarts plus 1.75 cups	4 gallons plus 1.0 quart
100	1.0 cup	2 quarts plus 1.75 cups	3 gallons plus 3.5 cups	8.5 gallons

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

Env-Dw 304.07 Delivery.

(a) A certified water system operator representing the PWS receiving bulk water shall be present at the time of delivery.

(b) Prior to allowing delivery of bulk water into the PWS, the certified operator representing the PWS receiving the bulk water shall measure the free chlorine residual in the bulk water being delivered to ensure that a concentration between 0.2 mg/l and 4.0 mg/l is present in the bulk water.

(c) If the free chlorine residual is not between 0.2 mg/l and 4.0 mg/l, the certified operator representing the PWS receiving the bulk water shall add the appropriate amount of sodium hypochlorite to make the concentration of free chlorine residual in the bulk water delivered to the PWS greater than 0.2 mg/l and less than 4.0 mg/l.

(d) All bulk water deliveries shall be transferred from a bulk water truck to a water storage tank. Water shall not be delivered directly into a well under any circumstances.

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

Env-Dw 304.08 Notification.

(a) The certified operator representing the PWS shall notify the department in accordance with (b) and (c), below, no later than 2 business days after any bulk water is delivered to customers.

(b) The notice provided pursuant to (a), above, shall contain the following information:

(1) The name and PWS identifier;

(2) The name of the city or town in which the PWS is located;

(3) The date and time of each bulk water delivery;

(4) The name and certification number of the certified operator accepting delivery of the bulk water on behalf of the PWS;

(5) The reason(s) for delivery;

(6) The source of the water delivered;

(7) The total amount of water delivered;

(8) The name and contact information of the person providing the bulk water;

(9) The name and contact information of the individual driver delivering the bulk water;

(10) The type of truck used to transport the water;

(11) The type of connections used to transfer the water;

(12) What measures were taken to avoid contamination during transfer;

(13) Location of the physical connection of the fill pipe to the PWS distribution system;

(14) The analytical results for the bulk water provided pursuant to Env-Dw 304.07(b);

(15) Description of tank inspections and cleaning and disinfection methods used; and

(16) If applicable, the reason(s) why the PWS might need additional deliveries.

(d) Community water systems shall notify customers of any bulk water delivered in the consumer confidence report prepared pursuant to Env-Dw 811.

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

Env-Dw 304.09 Records.

(a) The owner of the PWS that receives bulk water shall:

(1) Retain a copy of the notice required by Env-Dw 304.08 for not less than 5 years; and

(2) Provide a copy of the notice upon request to customers and federal, state, and local officials.

(b) For community water systems, details regarding bulk water procedures shall be included in the emergency plan of the water system as specified in Env-Dw 503, if applicable.

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

Env-Dw 304.10 Waivers. Any supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so in accordance with Env-Dw 202.

Source. #9577, eff 10-23-09; ss by #12444, eff 1-1-18

PART Env-Dw 305 SMALL PRODUCTION WELLS FOR SMALL COMMUNITY WATER SYSTEMS

Statutory Authority: RSA 485:2, V; RSA 485:41, II, IV, & V

Revision Note #1:

Document #9007, effective 10-19-07, readopted with amendments and renumbered former Part Env-Ws 378, titled “Site Selection of Small Production Wells for Community Water Systems”, under a new subtitle as Part Env-Dw 301 entitled “Small Production Wells for Small Community Water Systems.” The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #9007 replaced all prior filings for rules formerly in Env-Ws 378. The prior filings for rules in former Env-Ws 378 included the following documents:

#5541, eff 12-24-92

#6521, eff 6-4-97

#6920, INTERIM, eff 12-24-98, EXPIRES, 4-23-99

#6978, eff 4-21-99

#8870, INTERIM, eff 4-21-07, EXPIRES: 10-18-07

REVISION NOTE #2:

Document #11062, effective 4-1-16, readopted with amendments and renumbered former Part Env-Dw 301, titled “Small Production Wells for Community Water Systems,” as Part Env-Dw 305. Definitions of terms in the former Env-Dw 301 which were common to other parts in Chapter Env-Dw 300 were adopted by Document #11060, effective 4-1-16, in a new Part Env-Dw 301 titled “Definitions.”

The former Part Env-Dw 301 had last been filed under Document #9007, effective 10-19-07. These rules did not expire on 10-19-15 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document # 11062 and Document #11060, as appropriate, effective 4-1-16.

Env-Dw 305.01 Purpose. The purpose of these rules is to implement those portions of RSA 485, the New Hampshire Safe Drinking Water Act, pertaining to the department’s obligation to approve public water systems, by establishing procedures and standards for the development of small production wells for small community water systems (CWS) in order to ensure that such wells will be capable of producing an adequate supply of water that meets drinking water quality standards.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.02 Applicability.

(a) These rules shall apply to any small CWS that:

(1) Develops a new small production well;

(2) Replaces an existing small production well with a new small production well;

(3) Hydrofractures or deepens an existing small production well to increase its capacity, provided the increased capacity does not cause the well to be a large production well; or

(4) Reactivates an inactive small production well or a small production well that has been removed from monitoring responsibility in accordance with Env-Dw 708.11 or its predecessor rule, Env-Ws 321.17.

(b) An applicant for a new production well for a large community water system shall comply with Env-Dw 302 regardless of the volume of water produced by the well.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.03 Definitions.

(a) “New small production well” means a new production well that is a small production well.

(b) “Small bedrock production well” means a small production well that is a bedrock well.

(d) “Small production well” means a production well having a permitted production volume of less than 57,600 gallons in any 24-hour period.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.04 Pre-Approval Required.

(a) A person shall obtain approval from the department in accordance with Env-Dw 305.05 through Env-Dw 305.29 prior to:

(1) Connecting a new small production well to a small CWS; or

(2) Requesting an increase in the permitted production volume of an existing small production well currently connected to a small CWS, provided the increase will not result in a permitted production volume of equal to or greater than 57,600 gallons in a 24-hour period.

(b) Prior to hydrofracturing or deepening an existing small bedrock production well to regain lost well capacity, the applicant shall:

(1) Submit a request to the department in accordance with Env-Dw 305.33; and

(2) Comply with (a), above, if the department denies the request submitted pursuant to Env-Dw 305.33.

(c) Prior to replacing an existing small production well with a new small production well, the applicant shall submit a request to the department in accordance with Env-Dw 305.34 and Env-Dw 305.35.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.05 Process for Obtaining Approval.

(a) A person seeking approval pursuant to Env-Dw 305.04(a) shall submit a preliminary report to the department that contains the following:

(1) The cover page specified in Env-Dw 305.06, which has been signed as specified in Env-Dw 305.07; and

(2) The information and maps specified in Env-Dw 305.08.

(b) All work conducted to fulfill the requirements of Env-Dw 305 shall be completed by, or under the supervision of, an individual who is:

(1) Qualified by training and experience to complete the work required by Env-Dw 305; and

(2) At least one of the following, as applicable based on the specific work being performed:

a. A professional geologist (P.G.) licensed to work in New Hampshire pursuant to RSA 310-A;

b. A professional engineer (P.E.) licensed to work in New Hampshire pursuant to RSA 310-A;

c. A water system operator licensed in New Hampshire pursuant to RSA 332-E;

d. A water well contractor licensed in New Hampshire pursuant to RSA 482-B; or

e. A pump installer licensed in New Hampshire pursuant to RSA 482-B.

(1) Signed and dated by the individual who completed or supervised the work as required by (b), above, and if the individual is a P.G. or P.E., stamped or sealed by the individual; and

(2) Filed electronically in a portable document format.

(d) If the department approves the preliminary report and the applicant wishes to continue, the applicant shall proceed as specified in Env-Dw 305.18.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.06 Preliminary Report: Cover Page. The cover page required by Env-Dw 305.05(a)(1) shall contain the following:

(a) Information to identify the persons involved, specifically the name, mailing address, email address, and daytime telephone number of each of the following:

(1) The water system owner, or, if there is no owner at the time the preliminary report is submitted, the project owner and a description of the plan to transition ownership of the CWS in the future;

(2) The owner of the well site property;

(3) The individual responsible for responding to questions from the department regarding the preliminary report; and

(4) The person responsible for performing the pumping test and water quality sampling program;

(b) A description of the purpose of the new well and who is or will be served by the CWS; and

(1) Irrigation water use requirements; and

(2) Estimated water use based on the water use categories specified by Env-Dw 405.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.07 Signatures; Certifications.

(a) The signatures required for the preliminary report, the final report, the compliance report, or any request related thereto shall be provided as follows:

(1) If the applicant or supplier of water, as applicable, is an individual, the applicant shall sign and date the report; and

(b) All signatures provided under this part, including those provided by the professional required by Env-Dw 305.05(b), shall constitute certification that:

(1) The information for which the signer is responsible that is contained in or otherwise submitted with the report or request is true, complete, and not misleading to the knowledge and belief of the signer;

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

1. Not approving the report or request;

2. Revoking any approval that is granted based on the information;

3. Suspending or revoking the professional license held by the signer if the department is the permitting authority, or referring the matter to the appropriate permitting authority for potential action against the professional license held by the signer if other than the department; 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.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.08 Preliminary Report: Contents. The applicant shall provide the following pursuant to Env-Dw 305.05(a)(2):

(a) A general description of the current use and 50 year history of the property where the new well is to be located;

(b) A description of existing and proposed land use activities within the sanitary protective area and how the area is or will be controlled by the applicant;

(c) Documentation to demonstrate that the well site and land within the sanitary protective area will be under the direct control of the supplier of water and will be maintained as required by Env-Dw 305.10;

(d) If the applicant does not own the well site property, a letter or equivalent document signed by the owner of the well site property that authorizes the applicant to apply for a new small production well on the property;

(e) A USGS map on which the following are clearly marked:

(1) The well location and estimated wellhead protection area;

(2) The location of the contamination sources, water resources, and water uses inventoried; and

(3) The title, scale, and date of the quadrangle;

(f) One or more municipal tax maps or survey maps at a scale of not smaller than one inch equals 100 feet on which the following are identified:

(1) The location of the proposed well and the sanitary protective area, determined as specified in Env-Dw 305.10;

(2) Lot lines and the owner of each lot into which the sanitary protective area extends;

(3) The location of any public or private water supply wells located within 1,000 feet of the well;

(4) The location of surface waters and wetlands to show that the well will meet the setback requirements in Env-Dw 305.09;

(5) All property lines and any easements;

(6) All land uses, including any paths, trails, structures, storage, landscaping, or other alteration of the natural terrain; and

(7) All stormwater discharge areas and drainage structures;

(g) A copy of the Flood Insurance Rate Map depicting the location of the well, or a description of the elevation of the well in reference to the 100-year flood zone depicted on the nearest adjacent Flood Insurance Rate Map;

(h) A preliminary estimate of the wellhead protection area for the well and a proposed method for refining the estimate in accordance with Env-Dw 305.11;

(i) A preliminary contamination source inventory and water use inventory in accordance with Env-Dw 305.12;

(j) Identification and evaluation of all contamination sources in accordance with Env-Dw 305.13;

(k) A proposal for a pumping test in accordance with Env-Dw 305.14; and

(l) A proposal for a water quality sampling program in accordance with Env-Dw 305.15.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.09 Well Location Relative to Surface Water.

(a) No well shall be located closer than 50 feet from the high water line of any surface water.

(b) No well shall be located closer than 50 feet from wetlands that are inundated with standing or flowing water for more than 30 continuous days.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.10 Sanitary Protective Area.

(a) The sanitary protective area shall be a circle, centered on the well, having a radius based on the permitted production volume of the well as set forth in Table 305-1:

Table 305-1: Sanitary Protective Area Radii

Permitted Production Volume (gallons in a 24-hour period)	Radius (feet)
less than 14,400	150
14,401 to 28,800	175
28,801 to less than 57,600	200

(c) The department shall not approve the source unless the applicant owns the land within the sanitary protective area, provided however, that if the applicant does not own the land, the applicant shall control the land by perpetual easement, covenant, or similarly legally binding means.

(d) If the well is approved, the sanitary protective area shall be maintained in a natural state at all times except for:

(1) Limited land clearing and terrain alteration required for well access and construction of a pump house or other structure(s) associated with the well or water system; and

(2) Activities necessary for the maintenance of the well that do not pose a contamination risk to groundwater.

(e) No person shall discharge to the sanitary protective area any drainage from:

(1) Any area where fertilizer or pesticides, or both, have been applied;

(2) Any roadway, parking lot, or other area on which motor vehicles of any type travel or are parked; or

(3) Any detention and retention pond, infiltration strip, drainage swale, or similar structure.

(f) No underground utilities shall be installed in the sanitary protective area except for drinking water supply and electrical or communications conduits associated with the well or water system.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.11 Preliminary Estimate of the Wellhead Protection Area and Proposed Refinement.

(a) The estimate of the wellhead protection area shall be derived for small overburden production wells, except those in confined aquifers, by drawing a circle with a 4,000 foot radius around the well or, when sufficient data is available, by using the method as specified in (c)(1), below.

(b) For small bedrock production wells and small overburden production wells in confined aquifers, the estimate of the wellhead protection area shall be derived by drawing a circle around the well with a radius based on the proposed permitted production volume, as set forth in Table 305-2:

Table 305-2: Wellhead Protection Area Radii

Permitted Production Volume (gallons per day)	Radius (feet)
0 to 7,200	1,300
7,201 to 14,400	1,500
14,401 to 28,800	2,050
28,801 to 43,200	2,850
43,201 to less than 57,600	3,600

(c) The wellhead protection area refinement method required by Env-Dw 305.08(h) for small overburden production wells, except those in confined aquifers, shall be one of the following:

(1) An analytical or numerical model that identifies the contributing area of the well based on assuming180 days of continuous pumping without recharge from precipitation, provided that the model’s assumptions are not violated and conservative estimates of aquifer parameters are used; or

(2) A circle centered on the well having a radius of 4,000 feet.

(d) The wellhead protection area refinement method required by Env-Dw 305.08(h) for small bedrock production wells and small overburden production wells in confined aquifers shall be the same methodology used in (b), above, based on the permitted production volume established by the pumping test performed in accordance with Env-Dw 305.19.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.12 Preliminary Contamination Source and Water Use Inventories.

(a) The preliminary contamination source inventory and the preliminary water use inventory required by Env-Dw 305.08(i) shall be:

(1) Completed before the pumping test and water quality sampling program proposals required by Env-Dw 305.08(k) and (l), respectively, are developed; and

(2) Compiled from a search of the following information sources:

a. Records at the department;

b. Records at the municipality; and

c. A windshield survey of all properties within the wellhead protection area.

(b) The contamination source inventory shall:

(1) Identify and describe all known contamination sources and all potential contamination sources in the wellhead protection area; and

(2) Include the following information for each known contamination source and each potential contamination source:

a. The site name and address;

b. The name, mailing address, and daytime telephone number of each property owner or operator;

c. For each known contamination source, a description of the nature and extent of the investigation and the status of any remedial action that has been or is being performed; and

d. For each potential contamination source, the type of potential contamination source(s) at the facility.

(1) Identify water resources and uses within 1,000 feet of the proposed well, including:

a. Private wells, assuming that all developed lots not served by a public water system have private wells;

b. Public wells; and

c. All surface water bodies and wetlands;

(2) Identify registered water users within the wellhead protection area; and

(3) Include the following information:

a. For each private well:

1. The property address;

2. Tax map and lot number; and

3. The well construction record number, if available;

b. For each public well:

1. The water system name and address; and

2. The well's federal identification number;

c. For each registered water user:

1. The name and address of the user;

2. The type of use; and

3. The water user registration number; and

d. For each surface water body or wetland:

1. Name and type of water body; and

2. Location of the surface water or wetland in relation to the proposed well.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.13 Known Contamination Source Evaluation.

(a) The applicant shall review the applicable department site file(s) on each known contamination source identified in accordance with Env-Dw 305.12 and evaluate its potential to degrade water quality at the well.

(b) The applicant shall present, in the preliminary report, a description of how each known contamination source that has potential to degrade water quality at the proposed well will be addressed by the pumping test and water quality sampling program, by:

(1) Collecting additional water quality samples from the proposed well;

(2) Collecting additional water quality samples from other wells within the wellhead protection area;

(3) Increasing the duration of the pumping test; or

(4) A combination of (1)-(3), above.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.14 Proposal for Pumping Test.

(a) Subject to (c), below, the proposal required by Env-Dw 305.08(k) shall be for:

(1) A standard pumping test as specified in (d), below, in which case the preliminary report shall contain the information specified in (e), below; or

(2) An alternate pumping test as specified in (f), below, in which case the preliminary report and the final report shall include an explanation of the justification for using the alternative method.

(b) The pumping test shall be conducted to gather the information necessary to:

(1) Demonstrate that the proposed permitted production volume is sustainable;

(2) Assess the effects of the proposed well on surrounding water resources and water uses; and

(3) Demonstrate the small CWS source capacity required by Env-Dw 405.

(c) An applicant for a new source of water for a new small CWS with a design flow requirement less than 57,600 gallons per day, but with a source capacity requirement that exceeds 57,600 gallons per day, shall comply with the wellhead protection area refinement, pumping test, and water quality testing requirements of Env-Dw 302.11, Env-Dw 302.14, and Env-Dw 302.15, respectively.

(d) A standard pumping test shall be completed as follows:

(1) The pumping of and discharge from the water system’s wells shall be as follows:

a. The new well and any other well being pumped as part of the pumping test shall be operated continuously at a discharge rate that does not vary more than approximately 5% after the first 24 hours of pumping;

b. For an existing CWS with one or more existing wells that will continue to be used even if the proposed well is approved, each other well shall be operated as usual to demonstrate system capacity requirements under Env-Dw 405;

c. The pumping test production rate shall not be less than the proposed permitted production volume for each new well;

d. The discharge rate shall be:

1. Measured using a device capable of providing measurements accurate to within 5% of the discharge rate; and

2. Measured every 15 minutes for the first 2 hours and at least once every hour thereafter;

e. Discharge measurements shall:

1. Not be averaged over a period greater than one minute; and

2. Include at least 2 readings collected and recorded for each measurement; and

f. Pumped water shall be discharged outside the estimated contributing area of operating wells so there is no effect on the pumping test results;

(2) Subject to (3), below, the pumping test shall be conducted for not less than 72 hours;

(3) The pumping test may be terminated sooner than 72 hours if the applicant submits field observations and water level data to the department to demonstrate that the average change in water level in the pumping well is 0.5 feet or less over a period of at least 12 hours, provided that the pumping test duration shall be not less than 48 hours;

(4) Water levels shall be measured as follows:

a. For each proposed new well, water level measurements and time shall be recorded:

1. Just before pumping begins;

2. After pumping starts, every 5 minutes for the first hour, and at least once every hour thereafter; and

3. After pumping stops, during the recovery period, so that at least 10 data points are recorded over a period equivalent to the pumping period of the pumping test or until the water level in the new well has recovered to 90% of the pre-pumping water level; and

b. Water level measurements shall be made using equipment capable of measuring to the nearest 0.01 foot;

(5) For existing water systems, water levels in the system’s other wells shall be recorded before the pumping test starts, during the pumping test at intervals no greater than once every 2 hours, and just after the pumping test ends;

(6) Water levels in any surface water within 150 feet of the operating wells shall be measured using a water level staff gauge marked in 0.01-foot intervals, with gauge readings being taken just before pumping starts and at least every 6 hours thereafter;

(7) Water levels in private and public wells within 1,000 feet of the proposed new source well or wells shall be monitored, if permission has been obtained from the owner as specified in Env-Dw 302.14(h)(1), to estimate the effect on these wells as required by Env-Dw 305.28(i);

(8) On-site weather condition observations shall be recorded daily during pumping and recovery.

(e) When a standard pumping test is proposed, the proposal shall include the following:

(1) The proposed pumping test production rate;

(2) The methods, locations, and schedule for water level measurements;

(3) A site sketch showing the discharge location;

(4) A site sketch showing the location of any surface water staff gauges and a description of their construction;

(5) A description of the method and equipment that will be used to ensure a constant pumping rate is maintained;

(6) A description of the discharge measurement method and schedule;

(7) A description of how the system’s other wells, if any, will be operated while the new well is being tested; and

(8) Copies of notification letter which extend an offer to monitor water levels in nearby wells identified in (d)(7), above.

(f) When an alternate pumping test is proposed, the proposal shall include:

(1) Information that explains how the pumping test will be conducted and monitored, how the effect of the pumping test on surface waters and wells will be measured, how ambient conditions will be monitored, and any other information needed to comprise a complete proposal consistent with (d) and (e), above; and

(2) Information demonstrating that the program will meet or exceed the requirements for the standard pumping test.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.15 Proposal for Water Quality Sampling Program.

(a) The water quality sampling program required by Env-Dw 305.08(l) shall be conducted to demonstrate the water quality of each proposed new well.

(b) The water quality sampling proposal shall include a description of how the applicant will:

(1) Obtain a water sample from the well immediately prior to the cessation of pumping;

(2) Store and transport the sample bottles to the laboratory;

(3) Ensure that the water sample is analyzed for:

a. Those parameters required to be monitored in groundwater systems per Env-Dw 707 through 713;

b. 1,4-Dioxane;

c. Radon; and

d. Microscopic particulate analysis as specified in (c), below, if the location of the proposed new well meets one of the following criteria, unless exempted by (d), below:

1. For overburden wells, the well is within 100 feet of the normal high water line of any surface water; or

2. For bedrock wells, the well is within 200 feet of the normal high water line of any surface water;

(4) Ensure that the water sample is analyzed by a laboratory that is accredited for all applicable drinking water categories in accordance with Env-C 300; and

(5) For well sites with specific water quality concerns, including those related to known or potential contamination sources, perform additional sampling and analyses to ensure acceptable water quality.

(1) Be collected during the last day of the pumping test;

(2) Be collected only after screening the discharge water hourly, for a period of no less than 6 hours before the start of sample collection, for pH, specific conductance, and temperature;

(3) Be analyzed in accordance with the US EPA 2004 Consensus Method for Determining Groundwaters Under the Direct Influence of Surface Water Using Microscopic Particulate analysis (MPA), MiC004B or an equivalent method;

(4) Be screened for pH, specific conductance and temperature throughout the duration of sample collection; and

(5) Include screening for pH, specific conductance, and temperature in the surface water closest to the proposed new well at the same monitoring frequency as the discharge water.

(d) New wells shall be exempt from sampling for microscopic particulates if the applicant demonstrates through site-specific observations and monitoring that:

(1) A continuous confining unit is present between the proposed new well and the surface water; and

(2) Water level monitoring performed during the pumping test shows that a direct hydraulic connection does not appear to exist between the proposed new well and the surface water.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.16 Criteria and Procedures for Approval of the Preliminary Report.

(a) The department shall approve or deny the preliminary report in writing within 30 days of receipt of all information required by Env-Dw 305.05(a).

(b) The department shall approve the preliminary report upon determining that:

(1) The report contains all information required by Env-Dw 305.05(a);

(2) The information contained in the report is complete and correct; and

(3) The water system concept approval required by Env-Dw 405 has been issued.

(c) The department shall advise the applicant not to proceed further in the well siting process if information concerning known contamination sources evaluated in accordance with Env-Dw 305.13 indicates that an adequate contamination control program cannot be implemented to prevent degradation of water quality at the proposed well.

(d) The department shall advise the applicant if a waiver will be required from specific requirements of this rule based on the preliminary report information.

(e) The department shall require additional sampling to be conducted at the production well or other sampling points if review of the preliminary report identifies contamination sources that could contaminate the well.

(f) The department shall include such conditions in the preliminary report approval as are necessary to ensure compliance with this part and protection of public health and the environment.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.17 Duration of Preliminary Report Approval; Effect of Expiration.

(a) The preliminary report approval shall expire 4 years from the date of approval if a final report has not been received by the department prior to that date.

(b) Any person wishing to develop the well after a preliminary report approval has expired shall submit a new preliminary report in compliance with this part.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.18 Completion of Approval Process. Upon receipt of department approval of the preliminary report, the applicant shall:

(a) Perform the pumping test and water quality sampling program in accordance with Env-Dw 305.19 and any conditions specified in the approval;

(b) Demonstrate that under existing land use and aquifer conditions, acceptable water quality can be delivered by the well provided that, for parameters which exceed primary or secondary maximum contaminant levels under Env-Dw 702 through 706, treatment or other management techniques may be used if approved by the department in accordance with Env-Dw 405;

(d) Refine the wellhead protection area delineation in accordance with Env-Dw 305.21;

(e) Update and revise the contamination source inventory and the water use inventory in accordance with Env-Dw 305.22;

(f) Establish a contamination source control program in accordance with Env-Dw 305.23 for any known sources of contamination identified in accordance with Env-Dw 305.22;

(g) Establish a wellhead protection program in accordance with Env-Dw 305.24;

(h) Document that the construction of the well is in compliance with applicable water well construction standards in accordance with Env-Dw 305.25;

(i) Submit a final report to the department in accordance with Env-Dw 305.26;

(j) Submit and obtain approval for a water conservation plan prepared in accordance with Env-Wq 2101; and

(k) Obtain approval of the new small production well in accordance with Env-Dw 305.29.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.19 Performing the Pumping Test and Water Quality Sampling.

(a) Subject to (c) and (d), below, the applicant shall perform the pumping test in accordance with the pumping test proposal as approved in the preliminary report.

(b) The applicant shall notify the department of the anticipated start date of the pumping test at least one week prior to the start of testing, so that department personnel can conduct a site visit during the pumping test.

(c) The applicant shall postpone or prolong the pumping test if high recharge conditions are likely to result in test data that cannot be used for the purposes specified in Env-Dw 305.14(b). This determination shall be made jointly by the applicant and the department based on site specific conditions at the time of testing. If high recharge conditions are present but postponing or prolonging the test is not reasonably feasible, the applicant shall include a justification for not postponing or prolonging the test in the final report and adjust the collected data using conservative assumptions to reflect average conditions.

(d) The applicant shall postpone the pumping test if open pits used during well construction or any other depressions within 20 feet of the well contain standing water, or if the well site is flooded.

(e) The applicant shall undertake water quality sampling in accordance with the approved proposal.

(f) If the applicant wishes to change any aspect of the pumping test or water quality sampling program, the applicant shall submit a written request to the department that identifies the requested change(s) and explains why the change(s) should be approved.

(g) The department shall approve a requested change if the modification does not affect the integrity of the data collected and the resulting modified testing protocol will produce the necessary information.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.20 Permitted Production Volume.

(a) The permitted production volume shall be the volume produced during the pumping test by pumping at a constant pumping rate for at least the final 24 continuous hours of the pumping test.

(b) The actual rate at which water is withdrawn from an approved well may vary, but shall not exceed the permitted production volume.

(d) The combined permitted production volumes of all new sources of water for a new small CWS shall equal at least the source capacity requirements for the water system as established by Env-Dw 405.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.21 Wellhead Protection Area Refinement.

(a) Subject to (b), below, the applicant shall refine the estimated wellhead protection area presented in the preliminary report using the method described in the preliminary report.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.22 Contamination Source and Water Use Inventories Update and Revision. The applicant shall update and revise the preliminary contamination source inventory and the water uses inventory for the refined wellhead protection area as follows:

(a) If fewer than 90 days have elapsed since the preliminary inventories were completed, the applicant shall determine whether any new contamination sources or water uses, or both, have been located in the refined wellhead protection area and, if so, add them to the preliminary inventory for the final report; and

(b) If 90 days or more have elapsed since the preliminary inventories were completed and for any area that is in the revised wellhead protection area that was not in the preliminary estimate, the applicant shall perform all of the procedures required for the preliminary inventories as specified in Env-Dw 305.12.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.23 Contamination Control Program.

(a) The applicant shall establish a program that minimizes the risk of contamination at the well from known contamination sources.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.24 Wellhead Protection Program. The applicant shall establish a wellhead protection program that includes:

(a) Updating the contamination source inventory as specified in Env-Dw 305.22 at intervals no greater than 3 years; and

(b) Sending groundwater protection educational material that the department has developed to all owners of property in the wellhead protection area:

(1) Within 90 days of:

a. Department approval of a well for an existing small CWS; or

b. System start up for a new small CWS; and

(2) At intervals no greater than 3 years thereafter.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.25 Well Construction.

(a) The applicant shall engage a New Hampshire-licensed water well contractor to install the well in compliance with the rules adopted by the New Hampshire water well board pursuant to RSA 482-B, We 100 et seq.

(b) In addition to any construction standards included in (a), above, the following shall apply:

(1) To prevent surface water from channeling along the well casing, the void area outside the casing shall be filled with cement grout, bentonite grout, or a cement-bentonite grout mixture to within at least 6 feet of the ground surface from:

a. For a bedrock production well, the bottom of the pilot hole; and

b. For an overburden production well, an appropriate depth determined by the NH-licensed water well contractor based on well design and the type of unconsolidated material encountered when installing the well;

(2) The well casing shall:

a. Extend at least 18 inches above the ground surface for production wells that are not installed within the 100-year flood zone; and

b. Extend at least 3 feet above the base flood elevation or highest known flood elevation, whichever is higher, for production wells that are installed within the 100-year flood zone.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.26 Final Report Required.

(a) The applicant shall submit a final report as specified in (c), below, to the department while the approval of the preliminary report is in effect.

(b) The final report submitted pursuant to (a), above, shall be:

(1) Signed as specified in Env-Dw 305.07 by the applicant and by the professional licensee(s) who performed the work, as specified in Env-Dw 305.05(b); and

(2) Submitted electronically in portable document format.

(1) A cover page as specified in Env-Dw 305.27, which has been signed as specified in Env-Dw 305.07; and

(2) The information identified in Env-Dw 305.28.

(d) The department shall review the final report as specified in Env-Dw 305.29.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.27 Final Report: Cover Page. The cover page required by Env-Dw 305.26(c)(1) shall contain the following:

(a) Information to identify the persons involved, as follows:

(1) The applicant’s name, mailing address, daytime telephone number including area code, and website URL, if any;

(4) The name, mailing address, daytime telephone number including area code, and email address of the person responsible for performing the pumping test and water quality sampling program; and

(b) If any of the information provided pursuant to Env-Dw 305.06(b) or (c) has changed, updated information.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.28 Final Report: Contents. The applicant shall provide the following pursuant to Env-Dw 305.26(c)(2):

(a) A description of the pumping test, including:

(1) All of the data collected;

(2) A description of how each pumping test requirement in the approved preliminary report was met;

(3) A graph developed using the following methodology:

a. Water level data shall be plotted as a semi-logarithmic plot of drawdown versus elapsed time, expressed in minutes elapsed since pumping began, presented on the logarithmic axis; and

b. A straight line shall be:

1. Drawn through the data on the semi-logarithmic plot with a slope based on the data points from the end of the pumping period; and

2. Used to extrapolate the drawdown for a time of 180 days, or 259,200 minutes, which shall be the theoretical 180-day drawdown; and

(4) If an alternate pumping test method was approved in the preliminary report, all data and analyses as approved in the preliminary report and the justification for the alternative method required by Env-Dw 305.14(a)(2);

(b) A description of the water quality sampling program, with specific note of any deviations from the program as approved in the preliminary reports, and copies of all laboratory results;

(d) Updated contamination source and water use inventories;

(e) A description of the contamination risk control program with supporting evaluations and documentation;

(f) A description of the wellhead protection program, including:

(1) The name, title, mailing address, daytime telephone number, and email address, if any, of the person who is or will be responsible for implementing the wellhead protection program; and

(2) A copy of or reference to the education materials;

(g) A copy of the well completion report prepared in accordance with We 800;

(h) A proposed permitted production volume and a description of the means by which it was established in accordance with Env-Dw 305.20;

(i) An estimate of the effect pumping the permitted production volume from the well will have on:

(1) Water levels in private and public wells within 1,000 feet of the production well;

(2) Water levels in nearby surface waters and wetlands;

(3) Existing groundwater contamination plumes; and

(4) Saltwater intrusion into the freshwater aquifer;

(j) A vulnerability assessment of potential impacts to the well from natural hazards, if necessary based on:

(1) The site’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

(2) The well location’s history of impacts by natural hazards; and

(k) Documentation of legal control of the sanitary protective area.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.29 Criteria for Approval of New Small Production Wells.

(a) The department shall approve or not approve the well documented in the final report in writing within 30 days of receipt of all information required by Env-Dw 305.26(c).

(b) The department shall approve the well upon determining that:

(1) The final report contains all required information;

(2) The information provided is complete and correct; and

(3) All applicable requirements of Env-Dw 305 and We 600 have been met.

(c) If the final report does not meet all of the criteria in (b), above, the notice sent pursuant to (a), above, shall identify the reason(s) for the denial.

(d) The department shall not approve the well if any of the following are true:

(1) One or more contamination source(s) is present in the wellhead protection area and the contamination control program prepared in accordance with Env-Dw 305.23 does not ensure that contamination will not degrade water quality at the well;

(2) The well was not constructed as specified in Env-Dw 305.25;

(3) The applicant failed to obtain legal control of the sanitary protective area as required by Env-Dw 305.10(c) and did not obtain a waiver to the requirement;

(4) Drawdown in the well exceeds 35 feet per gallon per minute of yield, unless hydrogeologic data support and field measurements from the pumping test or additional testing demonstrate that drawdown in the well has stabilized at a yield that is sustainable;

(5) Within a duration of time not exceeding the pumping period of the pumping test, the water level in the well did not recover to within 2 feet of the static water level measured at the beginning of the pumping test or to a minimum of 90% of the total drawdown measured during the test;

(6) The extrapolated 180-day drawdown exceeds 90% of the total available drawdown in the proposed production well at the production volume sought for approval;

(7) The applicant failed to perform any activity or meet any of the requirements contained in these rules; or

(8) The applicant failed to obtain approval for the water conservation plan required by Env-Wq 2101.

(e) The department shall include such conditions in the final approval as are necessary to ensure compliance with this part and protection of the public health.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.30 Duration of Final Approval; Reactivation; Effect of Expiration.

(a) Any approval issued pursuant to Env-Dw 305.29 shall lapse 4 years after issuance if the well is not connected to a water system approved in accordance with Env-Dw 405 prior to that date.

(b) The applicant may request the department to reinstate a lapsed approval within 10 years of the original approval by submitting the following in writing to the department:

(1) Information demonstrating the well still meets the well siting requirements of Env-Dw 305.09 and Env-Dw 305.10;

(2) An update of the contamination source and water user inventories in accordance with Env-Dw 305.22;

(3) An update of the wellhead protection program in accordance Env-Dw 305.24 using information obtained pursuant to (2), above; and

(4) A plan that includes:

a. Completion of a short-term pumping test at least 6 hours in duration at the previously approved permitted production volume; and

b. Collection of a water quality sample of the well at the end of the short-term pumping test.

(c) Within 30 days of receiving a complete request under (b), above, the department shall authorize the applicant to conduct the proposed short-term pumping test if the information submitted demonstrates that ambient conditions have not materially changed since the well was approved or, if ambient conditions have materially changed, the change(s) can be addressed so that the well will provide acceptable water quality.

(d) The department shall approve or deny the request to reinstate the well approval in writing within 30 days of receiving the results of the short-term pumping test.

(e) The department shall reinstate the approval if the information submitted meets the criteria for approval stated in Env-Dw 305.29.

(f) Any approval reinstated pursuant to (e), above, shall be valid for 4 years from the date of issuance and shall not be subject to subsequent reinstatement.

(g) If approval for a new well has lapsed for more than 10 years from the date of the original approval, the applicant shall apply for approval as specified in these rules for a new well.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.31 On-Going Compliance with Wellhead Protection Program.

(b) The compliance report required by (a), above, shall include the following information on an Educational Mailing Completion form obtained from the department:

(1) The name of the supplier of water and the name and title of the individual authorized by the supplier to sign the compliance report;

(2) Whether the supplier of water has homeowners and potential contamination sources (PCSs) within the wellhead protection area of the source and, if so, has mailed or directly delivered the educational materials to all of the homeowners, tenants, PCSs, and non-residential buildings within the wellhead protection area(s);

(3) If the supplier of water does not have any homeowners or PCSs within the wellhead protection area of the source, whether the educational materials have been posted in readily accessible areas for those served by the system to review;

(4) The CWS name, PWS identifier, and source identifier;

(5) The town in which the CWS is located; and

(6) The date the educational materials were distributed.

(c) The individual authorized by the supplier of water shall sign the compliance report in accordance with Env-Dw 305.07.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.32 Modifying the Wellhead Protection Area.

(a) A supplier of water that wishes to modify the wellhead protection area of a well shall submit a written request to the department.

(b) A request filed pursuant to (a), above, shall be based on data analysis from a pumping test that meets the requirements for a standard pumping test or alternate pumping test as specified in Env-Dw 305.14.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.33 Hydrofracturing or Deepening an Existing Small Bedrock Production Well.

(a) Subject to (b) and (c), below, an applicant proposing to hydrofracture or deepen an existing bedrock well to increase well capacity shall comply with this section, provided the resulting well capacity will remain below 57,600 gallons in a 24-hour period.

(b) An applicant proposing to hydrofracture or deepen a bedrock well to regain lost well capacity to expand the water system or increase the yield beyond that previously established pursuant to Env-Dw 405 shall comply with all requirements for a new well as specified in Env-Dw 305.05(a), provided the resulting well capacity will remain below 57,600 gallons in a 24-hour period.

(c) An applicant proposing to hydrofracture or deepen a bedrock well shall comply with Env-Dw 302 if the resulting well would produce 57,600 or more gallons in a 24-hour period.

(d) Prior to hydrofracturing or deepening a bedrock well, the supplier of water shall submit the following information to the department:

(1) The name, mailing address, email address, and daytime phone number of the supplier of water and the supplier’s authorized representative;

(2) The name and PWS identifier of the CWS;

(3) The source capacity requirements for the CWS established during design approval in accordance with Env-Dw 405;

(4) A description of the well in relation to the 100-year flood plain and any measures, if applicable, to be taken to elevate the permanent well casing;

(5) Whether the proposed well capacity will require a larger sanitary protective area under Env-Dw 305.10 and, if so, the measures proposed to be taken to achieve compliance with Env-Dw 305.10; and

(6) A proposal for determining the sustainable yield of and water quality from the well after hydrofracturing or deepening.

(e) The department shall approve or deny a request to hydrofracture or deepen a small bedrock production well within 30 days of receiving a complete request.

(f) The department shall approve a request to hydrofracture or deepen an existing small bedrock production well only if:

(1) The information submitted is complete and correct; and

(2) The applicant demonstrates all of the following:

a. The project is necessary to meet approved source capacity and will not be used to expand the water system or for water use beyond the approved source capacity;

b. The well will not be subject to flooding at the 100-year recurrence interval; and

c. There is no contamination in the vicinity of the well that is likely to reach the well as a result of the hydrofracturing or deepening to recover lost yield from withdrawal.

(g) If the department denies a request to hydrofracture or deepen an existing small bedrock production well because the applicant fails to demonstrate conditions listed in (f), above, the applicant shall meet all requirements for new small production wells described in Env-Dw 305.05(a) prior to hydrofracturing or deepening the well.

(h) Upon hydrofracturing or deepening a small bedrock production well in accordance with the requirements of this section, the applicant shall:

(1) Purge the well for a period of at least 6 hours at maximum capacity of the well, but not in excess of the capacity previously established or permitted for the well;

(2) Record the water level and pumping rate at least once every hour during the purge test completed in accordance with (1), above;

(3) After purging the well in accordance with (1), above, collect a water quality sample in accordance with Env-Dw 305.15(b)(3) through (5); and

(4) Submit the water level, pumping rate and water quality laboratory results to the department within 60 days of hydrofracturing or deepening the well to demonstrate that acceptable water quality can be delivered by the well, provided that for parameters that exceed primary or
secondary maximum contaminant levels under Env-Dw 702 through 706, treatment or other management techniques may be used if approved by the department in accordance with Env-Dw 405.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.34 When An Existing Small Production Well Can Be Replaced. A small CWS may proceed under Env-Dw 305.35 if:

(a) A new well is needed to replace an existing small production well in order to:

(1) Regain lost well capacity and meet the source capacity requirements established in Env-Dw 405; or

(2) Meet current water quality requirements established in Env-Dw 702 through 706; and

(b) The supplier of water submits information that demonstrates:

(1) The replacement well is needed because:

a. The yield from the existing small production well has declined below that needed to meet the water supply source capacity requirements of existing customers; or

b. Treatment to meet current drinking water standards is either not possible or not cost-effective;

(2) The replacement well will not be used to expand the CWS or to supply water above the approved or established capacity of the well to be replaced;

(3) The replacement well will be installed in the same aquifer as that of the well being replaced;

(4) The replacement well will meet all setback requirements specified in Env-Dw 305.09; and

(5) There is no contamination in the vicinity of the replacement well that is likely to reach the wellhead as a result of the change in the location of the well.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.35 Procedure and Criteria for Approval of Replacement Wells.

(a) A small CWS proposing to replace any active small production well shall submit a request to the department that contains the following information:

(1) The name, mailing address, email address, and daytime telephone number of the supplier of water and the supplier’s authorized representative;

(2) The name and PWS identifier of the CWS;

(3) The source capacity requirements for the system established during design approval in accordance with Env-Dw 405;

(4) Such explanations and information as are needed to demonstrate that the criteria of Env-Dw 305.34(b) are met;

(5) A site plan and description of all land uses in the sanitary protective area of the replacement well and any measures that need to be taken to achieve compliance with Env-Dw 305.10;

(6) A current tax map showing property boundaries, well location, eased areas, sanitary protection area, and lot owners;

(7) A description of the replacement well in relation to surface water, wetlands, and the 100-year flood zone and any department-approved measures, if applicable, taken to elevate the permanent well casing;

(8) A plan for:

a. Conducting a constant rate pumping test of the replacement well for at least 24 hours at the previously-established permitted production volume of the well being replaced; and

b. Collecting a water quality sample in accordance with Env-Dw 305.15(b); and

(9) A plan for sealing the well that is being replaced in accordance with We 600, provided that if the well will not or cannot be sealed, the applicant shall submit a water conservation plan in accordance with Env-Wq 2101.

(b) The department shall authorize the supplier of water to install the replacement well and conduct the pumping test and sample collection and analysis if the information submitted pursuant to (a), above, demonstrates that the replacement well is needed and is likely to meet the criteria for approving the replacement well.

(c) Subsequent to the pumping test and water sampling and analysis, the supplier of water shall submit the results of the pumping test, the laboratory results from the sample, and a copy of the well completion report filed in accordance with We 800 to the department.

(d) The department shall approve the replacement well for the previously-approved capacity of the well being replaced or the sustainable yield of the replacement well as tested, whichever is less, within 30 days of receiving all of the information required by (c), above, if:

(1) The pumping test results demonstrate a sustainable yield for the replacement well and document the total drawdown at the end of the test;

(2) The water quality laboratory results from the sample collected at the end of the pumping test demonstrate that acceptable water quality can be delivered by the well, provided that for parameters that exceed primary or secondary maximum contaminant levels under Env-Dw 702 through 706, treatment or other management techniques may be used if approved by the department in accordance with Env-Dw 405;

(3) The requirements of (a)(10), above, have been met by:

a. A statement provided by a NH licensed water well contractor that:

1. The existing well has been abandoned in accordance with We 600; or

2. The well cannot be abandoned as required; and

b. If the well cannot be abandoned, a statement from the applicant that a water conservation plan developed in accordance with Env-Wq 2101 has been submitted and approved by the department;

(4) The well completion report for the replacement well was prepared and filed in accordance with We 800; and

(5) The applicant has documented that the sanitary protective area requirements established in Env-Dw 305.10 have been met, or improvements have been made to minimize the risk of contamination.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Env-Dw 305.36 Waivers. Any applicant or supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so as specified in Env-Dw 202.

Source. (See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Appendix A: Statutes Implemented

Rule Section(s)	State Statute(s) Implemented
Env-Dw 301	RSA 485:1; RSA 485:8; RSA 485:48
Env-Dw 302.01 through Env-Dw 302.35	RSA 485:2,V; RSA 485:3, IX and XII; RSA 485:8; RSA 485:48
Env-Dw 302.36	RSA 541-A:22, IV
Env-Dw 303.01 - Env-Dw 303.27	RSA 485:1, II(g)
Env-Dw 303.28	RSA 541-A:22, IV
Env-Dw 304 (see also specific section listed below)	RSA 485:3, I(c); RSA 485:8, II; RSA 485:10; RSA 485:40; RSA 485:41, II
Env-Dw 304.10	RSA 541-A:22, IV
Env-Dw 305.01 - Env-Dw 305.35	RSA 485:3, I(c), IX, & XII; RSA 485:8; RSA 485:48
Env-Dw 305.36	RSA 541-A:22, IV

Appendix B: Statutory Definitions

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 485:1-a

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.

RSA 485-C:2

IV. “Contributing area” means the land above a class of groundwater, which is the vertical projection of the defined class on the land surface.

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.

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.

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.

XVII. “Well” means a hole or shaft sunk into the earth to observe, sample, or withdraw groundwater.

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.