CHAPTER Env-Or 700
GROUNDWATER RELEASE DETECTION PERMITS
Statutory
Authority: RSA 485-C:4, V & VI
Revision Note:
Document #8812, effective 2-1-07, readopted with amendments
and redesignated former Part Env-Wm 1403 titled Groundwater Management and
Groundwater Release Detection Permits as Env-Or 700 pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05.
The prior filings for former Env-Wm 1403 include the
following documents:
#1618, eff 8-5-80 #5579, eff 2-11-93
#1743, eff 4-7-81 #6945, eff 2-24-99
#1949, eff 2-8-82 #7260, eff 5-4-00
#1950, eff 2-8-82 #8436, eff 9-22-05
#2670, eff 4-12-84
PART Env-Or 701
PURPOSE AND APPLICABILITY
Env-Or
701.01 Purpose. The purpose of these rules is to implement
RSA 485-C:13 relative to groundwater release detection permits by establishing procedures
and requirements for obtaining a permit to monitor groundwater for the early
detection of any impact associated with the activities listed in RSA 485-C:13,
II and III.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
701.02 Applicability. This chapter shall apply to any individual or
entity that engages in any activity for which RSA 485-C:13 requires a groundwater
release detection permit.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
PART Env-Or 702 DEFINITIONS
Env-Or 702.01 “Ambient groundwater quality standards (AGQS)” means “ambient groundwater quality standards” as defined in RSA 485-C:2, I, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.02 “Assessment monitoring” means
monitoring required when detection monitoring performed in accordance with a
groundwater release detection permit has indicated that the concentration of
any constituent exceeds the background concentrations for the constituent as
established in the groundwater release detection permit.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.03 “Background concentration” means
concentrations detected in up-gradient areas or areas otherwise unaffected by
the activities at the facility permitted under the release detection permit.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.04 “Contact person” means an
individual who can be contacted on behalf of an applicant or permittee regarding
the application or permit, respectively.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.05 “Contamination” means the presence
of any regulated contaminant, as defined herein, other than naturally-occurring
substances at naturally-occurring or background levels, in soil, groundwater,
soil gas, air, sediment, surface water, construction/excavation debris, or any
other material, at a concentration that has the potential to adversely affect
human health or the environment.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or 702.06 “Corrective action plan” means the
corrective action proposed to prevent the discharge of regulated contaminants
to groundwater, surface water, or soil.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.07 “Department” means the department
of environmental services.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.08 “Detection monitoring” means
routine monitoring specified in a groundwater release detection permit that is
required in order to determine if a release has occurred at a facility issued a
permit pursuant to Env-Or 700.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.09 “Discharge” means the release or
addition of any regulated contaminant to land, groundwater, or surface water.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.10 “Facility” means all contiguous
land and structures associated with an activity for which a groundwater release
detection permit is required by RSA 485-C:13.
Source. (See Revision Note at chapter heading for Env-Or
700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 702.11)
Env-Or 702.11 “Groundwater” means “groundwater” as defined
in RSA 485-C:2, VIII, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 702.12)
Env-Or
702.12 “Groundwater release detection
permit” means a permit issued under RSA 485-C:13 and Env-Or 700 to a facility
owner for detection of any release of a regulated contaminant associated with
the activities for which the permit was issued.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 702.13)
Env-Or
702.13 “Motor vehicle salvage yard”
means a contiguous land area for the storage or deposit, of unregistered motor
vehicles that are no longer intended for, or in condition for, legal use on the
public highways.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 702.14)
Env-Or
702.14 “Person” means “person” as
defined by RS 485-C:2, XI, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 702.15)
Env-Or
702.15 “Potential receptor” means a
living organism or an environmental medium that is in the pathway of
contamination from a discharge.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 702.16)
Env-Or
702.16 “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 chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.17 “Receptor” means a living
organism or an environmental medium that is exposed to contamination from a
discharge.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.18 “Regulated contaminant” means
“regulated contaminant” as defined in RSA 485-C:2, XIII, as reprinted in
Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.19 “Resource recovery facility” means
any facility engaged in an activity beyond sorting or physical volume reduction
methods to treat or process solid waste into usable secondary materials or
products, including but not limited to fuel, energy, or compost.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.20 “Salvage yard” means a contiguous
land area encompassing one-half acre or more, on or at which are stored or deposited
scrap metal, junk machinery, or other materials intended for salvage that
contain or potentially contain oil or other solid or liquid contaminants.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.21 “Surface water” means “surface
water” as defined in RSA 146-A:2, VI-b, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
702.22 “Wellhead protection area” means
“wellhead protection area” as defined in RSA 485-C:2, XVIII, as reprinted in
Appendix C.
Source. #10832, eff 6-1-15
PART Env-Or 703
PERMIT REQUIREMENTS
Env-Or
703.01 Groundwater Release Detection
Permit Required.
(a) Pursuant to RSA 485-C:13, II, and subject to
the prohibited new uses in wellhead protection areas classified as GAA
specified in RSA 485-C:12, a person shall obtain a groundwater release
detection permit prior to siting or operating any of the following:
(1) A hazardous
waste disposal facility as defined under RSA 147-A;
(2) A lined solid
waste landfill;
(3) A lined
wastewater lagoon; or
(4) A facility for processing soils contaminated
with petroleum products.
(b) Pursuant to RSA 485-C:13, III, a person shall
obtain a groundwater release detection permit prior to siting or operating, as
applicable, any of the following in a wellhead protection area classified as
GAA:
(1) A new solid
waste composting facility;
(2) A new solid
waste resource recovery facility;
(3) An existing
facility for outdoor bulk storage of road salt or other deicing chemicals;
(4) An existing
snow dump; or
(5) An existing
motor vehicle salvage yard or salvage yard.
(c) A groundwater release detection permit shall not
be required for a facility or activity permitted under a groundwater discharge
permit issued pursuant to Env-Wq 402.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
703.02 Groundwater Release Detection
Permit Application.
(a) The person applying for a groundwater release
detection permit shall submit the following on or with the application for a groundwater
release detection permit:
(1) The
facility identification information, including information about the applicant,
facility owner, property owner, and facility operator, specified in Env-Or
703.03;
(2) The maps
and facility plan specified in Env-Or 703.04 and Env-Or 703.05;
(3) The
additional information specified in Env-Or 703.06;
(4) The
certifications required by Env-Or 703.07; and
(5) The fee
specified by Env-Or 703.09.
(b) The applicant shall:
(1) Sign and
date the application as specified in Env-Or 703.08; and
(2) Provide a
copy of the complete application to the town/city clerk of the municipality in
which the facility is or is proposed to be located prior to submitting the
application to the department.
(c) The application shall be dated, signed, and
sealed by the professional of record.
(d) If the facility plan required by (a)(2),
above, is larger than 11 inches by 17 inches, the applicant shall also provide
a copy of the plan that has been scaled to fit onto an 8-1/2 inches by 11
inches or 11 inches by 17 inches sheet and modified to make items listed in
Env-Or 703.05(a), (b), and (f)(1)-(5) legible.
Source. (See Revision Note at chapter heading for Env-Or
700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
703.03 Facility Identification
Information. The applicant for a
groundwater release detection permit shall submit the following facility
identification information on a form obtained from the department:
(a) Information about the applicant, facility
owner, facility operator, and property owner, if other than the facility owner,
as follows:
(1) For any
applicant, facility owner, facility operator, or property owner who is an
individual, the individual’s name, mailing address, daytime telephone number,
and email address and fax number, if any; and
(2) For any
applicant, facility owner, facility operator, or property owner that is an
organization, the following:
a. The
organization’s name and address as
registered with the N.H. secretary of state;
b. The form of
the organization, such as a corporation, partnership, political subdivision or
agency of the state, a department, agency or instrumentality of the
c. The URL of
the organization’s web site, if any; and
d. The name,
title, and daytime telephone number of a contact person for the organization
and the contact person’s e-mail address and fax number, if any.
(b) The name, physical address, property deed
reference by county, book and page, and local tax map and lot number of the
facility;
(c) A complete description of the facility, its
intended capacity, type of wastes or wastewater handled, together with supporting
information describing the process involved in the treatment, storage, or
disposal of wastes;
(d) A description of management practices used to
prevent potential contamination;
(e) A description of facility construction
including liner type, diversion ditches, and other pertinent construction
details, as applicable;
(f) Whether the facility is new or existing as of
the date of the application and, for a new facility, an estimate of the
construction time and the projected start-up date; and
(g) The facility’s North American Industrial
Classification System (NAICS) number(s).
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
703.04 Required Maps. The maps required by Env-Or 703.02(a)(2)
shall be as follows:
(a) A U.S. Geological Survey (USGS) map, 7-1/2
minute series, marked to clearly identify the facility location; and
(b) A potential receptors map using a tax map as a
base, marked to identify and locate, to the extent ascertainable, the
following:
(1) Streets
within 1,000 feet of the facility;
(2) Properties,
including tax map and lot numbers, ownership, and land use information, within
1,000 feet of the facility;
(3) Physical
structures, storage areas, and buildings, including information on building use
and existence of basements, within 1,000 feet of the facility;
(4) Surface
waters within 1,000 feet of the facility; and
(5) Water
supply wells, including type of use, within 1,000 feet of the facility.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
703.05 Required Facility Plan. The facility plan required by Env-Or
703.02(a)(2) shall be prepared in accordance with the following:
(a) The plan shall include a title, a legend, and
a true north arrow;
(b) The plan shall be drawn to scale and the
scale shall be noted on the plan and include a graphic scale bar;
(c) The base plan sources from which the facility
plan was derived shall be noted on the plan;
(d) The location, elevation, and datum of a bench
mark shall be included, provided that if a bench mark referenced to NGVD is within
1,000 feet of the facility, the elevation shall be recorded using NGVD and the
source of the NGVD bench mark information shall be noted on the plan;
(e) Ground surface spot elevations and contours
shall be marked to show topography; and
(f) The facility plan shall identify and locate,
to the extent ascertainable, the following:
(1) Physical
structures, storage areas, and buildings associated with the facility;
(2) Existing
and proposed groundwater monitoring wells that will be monitored;
(3) Surface
water sampling points;
(4) Groundwater
contours that accurately show current groundwater flow direction within 100
feet of the facility, with a table of water level measurements and elevations
found in piezometers and monitoring wells used to develop the groundwater
contours;
(5) Surface
waters within 100 feet of the facility;
(6) Land
surface contours within 100 feet of the facility;
(7) Piezometers
used to develop groundwater contours;
(8) Soil
borings and test pits within 100 feet of the facility;
(9) Above and
underground storage tanks associated with the facility;
(10)
Underground utilities at the facility; and
(11) Subsurface
drains at the facility.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.04)
Env-Or
703.06 Additional Information. The additional information required by Env-Or
703.02(a)(3) shall be as follows:
(a) A table summarizing all monitoring results to
date from existing monitoring points, including initial background values for
the parameters listed in (c)(2), below, and the regulated contaminants listed
in the table of ambient groundwater quality standards (AGQS) in Env-Or 603.03;
(b) A list of reports on land use history,
activities, water quality, and hydrogeology associated with the property on
which the facility is located;
(c) A detailed proposal for a release detection
monitoring program that includes the following:
(1) Monitoring
for the chemicals listed in the table of AGQS in Env-Or 603.03;
(2) Monitoring
of the following parameters as applicable to the property:
a. Specific
conductance;
b. Iron;
c. Chloride;
d. Total Kjeldahl
Nitrogen (TKN);
e. pH;
f. Temperature;
g. Turbidity;
and
h.
Oxidation-reduction potential (ORP);
(3) A proposed
monitoring schedule;
(4) Monitoring
locations; and
(5) Supporting
hydrogeologic and groundwater quality
information justifying the locations, frequency, and parameters selected;
(d) Test pit data and boring log data including:
(1) Soil sample descriptions according to:
a. Unified Soil
Classification System;
b. Burmister
Classification System;
c. “Standard
Practice for Classification of Soils for Engineering Purposes,” document
identification number ASTM D2487-11, dated 2011; or
d. “Standard
Practice for Description and Identification of Soils, Visual Manual Method,”
document identification number ASTM D2488-09a, dated 2009;
(2) Drilling methods;
(3) “N-values”
according to “Penetration Test and Split Barrel Sampling of Soil,” document identification number ASTM D1586-11,
dated 2011; and
(4) Water table observations;
(e) Well construction details of existing
monitoring wells, top of well casing elevations, and measured depth to water
table from top of casing.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.05)
Env-Or
703.07 Certifications. The certifications required by Env-Or
703.02(a)(4) shall be as follows:
(a) Certification that applications have been submitted
for all required local, state, or federal permits; and
(b) Certification that a copy of the complete
permit application has been provided to the town/city clerk of each
municipality in which the facility is or will be located.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.06)
Env-Or
703.08 Signatures Required for
Initial and Renewal Permit Applications.
(a) If the applicant for a permit or permit
renewal is an individual, the applicant shall sign and date the
application.
(b) If the applicant for a permit or permit
renewal is an organization, the applicant shall authorize an officer or
director 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.
(c) A signature provided under (a) or (b), 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 denying the
application or revoking any permit that is issued based on such information;
and
b. The
applicant is subject to the penalties for making unsworn false statements
specified RSA 641:3 or any successor New Hampshire statute; and
(3) The
applicant agrees to comply with all applicable rules and conditions of the
permit, if issued.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.07)
Env-Or
703.09 Application Fee.
(a) As authorized by RSA 485-C:4, VI, the
applicant shall submit a fee of $2,500 with the permit application.
(b) If paid by check or money order, the
instrument shall be made payable to “Treasurer - State of
(c) State and local government including counties
and other political subdivisions of
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.08)
Env-Or
703.10 Action on Applications.
(a) Within 90 days from the receipt of a complete
permit application, the department shall determine whether:
(1) The
requirements specified in Env-Or 703.02 through Env-Or 703.09 have been met;
and
(2) The
proposed release detection monitoring program required by Env-Or 703.06(c) appears
adequate to detect any releases.
(b) If
the requirements identified in (a)(1), above, have been met and the
proposed release detection monitoring program required by Env-Or 703.06(c)
appears adequate to detect any releases,
the department shall issue a permit for a period of 5 years, subject to
renewal pursuant to Env-Or 703.12.
(c) The department shall notify the applicant of
its decision in writing. If the decision
is to deny the application, the written notice shall specify the reason(s) for
the denial.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.09)
Env-Or
703.11 Permittee Obligations Upon
Permit Issuance.
(a) Acceptance of the permit by the applicant
shall constitute permission for the department to enter the permitted facility
for the purpose of collecting information, examining records, collecting
samples, and taking other actions needed to ensure compliance with the permit.
(b) Prior to commencing operations, the permittee
shall submit to the department:
(1) An as-built
site plan on an 8-1/2 inch x 11 inch or 11 inch x 17 inch sheet, together with
boring logs and well construction details; and
(2) The results
of 2 complete rounds of water quality testing.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.09)
Env-Or
703.12 Permit Renewal.
(a) If the permittee wishes to continue to
operate a facility that is subject to a groundwater release detection permit
beyond the 5-year permit term, the permittee shall submit
the information specified in (d), below, to the department prior to the
expiration of the permit but not more than 90 days prior to expiration.
(b) If the renewal application is submitted prior
to the expiration of the permit, the permittee may continue to operate under
the terms of the permit until a final decision on the renewal application has
been made, even if that is after the expiration date.
(c) If the renewal
application is not submitted prior to the expiration of the permit, the
permittee shall discontinue active operation of the
facility as of the expiration date but otherwise continue to comply with
all conditions in the permit for which renewal is sought until:
(1) The permit
is renewed; or
(2) The
facility is closed in accordance with all applicable requirements.
(d) The renewal application shall be on a form
obtained from the department that:
(1) Includes an
update of all information required by Env-Or 703.02(a) with all planned
modifications included; and
(2) Has been
signed as specified in Env-Or 703.08.
(e) The renewal application shall be dated,
signed, and sealed by the professional of record.
Source. (See Revision Note at chapter heading for Env-Or
700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.10)
Env-Or
703.13 Permit Modification.
(a) A permittee who wishes to request a permit
modification shall submit a written request to the department that explains the
reasons for the requested modification and includes a table summarizing all
monitoring results to date from existing monitoring points.
(b) The department shall modify the permit or
deny the request within 90 days of receipt of the request. If the department denies the request, the
department shall notify the permittee in writing of the reason(s) for the
denial.
(c) The department shall modify the permit if the
applicant can demonstrate compliance with Env-Or 703.17, Env-Or 703.18, and
Env-Or 703.19, as applicable.
(d) The department shall initiate a procedure
under RSA 541-A:30 to modify a permit without request by the permittee if the
department determines that:
(1) Issuance of the permit was based on false, incomplete,
or misleading information, and the permit would have contained different
conditions if true, complete, and not misleading information had been provided;
(2) Modification of the permit is necessary to ensure
protection of human health or the environment; or
(3) Modification of the permit is necessary to ensure
compliance with Env-Or 703.17, Env-Or 703.18, and Env-Or 703.19, as
applicable.
(e) To initiate a
permit modification procedure, the department shall provide the permittee with written notice that:
(1) Identifies the facility by name, department
identification number, location, and permit number;
(2) Explains the action(s) the department
proposes to take and the reason(s) for the proposed action;
(3) Identifies the department’s authority for
taking the proposed action;
(4) Explains the opportunity for an adjudicative
hearing and related deadlines; and
(5) Lists the name, title, mailing address, and
telephone number of the department representative who may be contacted regarding
the notice.
(f)
An adjudicative hearing on a permit modification initiated by the
department pursuant to (d), above, shall:
(1) Be requested by the permittee to the
department in writing within 30 days of receipt of the notice from the
department; and
(2) Proceed
in accordance with the provisions of Env-C 200 that relate to adjudicative
proceedings.
Source. (See Revision Note at chapter heading for Env-Or
700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.11)
Env-Or 703.14 Request for Permit Transfer.
(a) A release detection permit shall not be
transferred without the express written consent of the department.
(b) To request approval to transfer a release
detection permit, the permittee shall file a written request on a form obtained
from the department that provides the following information:
(1) The
department permit number;
(2) The
facility name;
(3) The site
address, tax map and lot number, and the county, book, and page where the deed
to the current owner is recorded;
(4) The name,
mailing address, daytime telephone number, and email address, if any, of the
current permittee;
(5) The name,
mailing address, daytime telephone number, and email address, if any, of the
person to whom the permit is proposed to be transferred and, if the person is
an organization, the name, daytime telephone number, and email address, if any,
of an individual authorized by the organization to speak on its behalf with the
department about the proposed transfer; and
(6) A summary
of all monitoring results to date.
(c) The current permittee and the person to whom the
permit is proposed to be transferred shall sign the transfer request as
specified in Env-Or 703.15.
(d) If the current
permittee is unable or unwilling to file
a written request for the transfer with the department, the new permittee may file the request.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.12)
Env-Or
703.15 Signatures Required for Permit
Transfers.
(a) If either of the parties to the permit
transfer is an individual, the individual shall sign and date the permit
transfer request and print or type his or her name.
(b) If either of the parties to the permit
transfer is an organization, the organization shall authorize an officer or
director to sign the transfer request, and the authorized individual shall sign
and date the transfer request and print or type his or her name and title.
(c) A signature provided under (a) or (b), above,
shall constitute certification that:
(1) The
information contained in or otherwise submitted with the request is true,
complete, and not misleading to the best of the signer’s knowledge and belief;
(2) The signer
understands that:
a. The submission
of false, incomplete, or misleading information is grounds for denying the
transfer or revoking any permit that is transferred based on such information;
and
b. The signer is
subject to penalties for making unsworn false statements as specified in RSA
641:3 or any successor
(d) If the new permittee files the request
pursuant to Env-Or 703.14(d), the signature of the current permittee shall not
be required.
Source. #10832, eff 6-1-15
Env-Or
703.16 Decision on Permit Transfer
Request.
(a) Within 45 days of receiving a request for
transfer, the department shall approve or deny the transfer request and notify
both parties of its decision in writing.
(b) The department shall deny an application to
transfer a permit if:
(1) The
facility is not presently in compliance with the permit, these rules or any
other applicable statutes or rules, unless transferring the permit would
facilitate returning the facility to compliance;
(2) The
permittee has failed to pay any outstanding penalties or fines issued under RSA
146-A, RSA 146-C, or RSA 147-A, unless all outstanding amounts will be paid in
conjunction with the transfer;
(3) The
permittee has failed to pay any outstanding invoice associated with the
department’s recoverable cost pursuant to RSA 146-A, RSA 146-C, RSA 147-A, or RSA
147-B, unless all outstanding amounts will be paid in conjunction with the
transfer; or
(4) The
permittee has failed to perform in accordance with a court order, consent
decree or other settlement agreement relating to the property subject to the
permit, unless transferring the permit would facilitate such performance.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
703.17 Groundwater Release Detection
Permit Compliance Criteria.
(a) The permittee shall conduct detection
monitoring during the active life of the facility, during closure activities,
and for the post-closure monitoring period in accordance with the specific
monitoring program established in the release detection permit.
(b) The department shall remove a detection
monitoring parameter for a facility if the permittee demonstrates that:
(1) The
constituent is not contained in the waste managed at the facility; and
(2) The
constituent is not generated as a result of the siting or operation of the
facility.
(c) The permittee shall establish original
background concentrations of all constituents required in the detection
monitoring.
(d) If the concentration of any constituent in
the detection monitoring is above the background value at any down-gradient
monitoring well, the permittee shall:
(1) Notify the
department within 10 days after receiving results; and
(2) Conduct assessment
monitoring pursuant to Env-Or 703.18 for each monitoring well for which the
concentration of any constituent is above the background value unless:
a. The
permittee demonstrates by submission of a report to the department within 60
days of notice of exceedance pursuant to (d)(1) above, that the exceedance is
the result of an off-site source of contamination or an error in sampling,
analysis, statistical evaluation, or natural variation in groundwater quality;
and
b. The
department approves the report.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.13)
Env-Or
703.18 Assessment Monitoring. If required under Env-Or 703.17(d)(2), the
permittee shall conduct assessment monitoring as follows:
(a) The permittee shall sample the groundwater
for all regulated contaminants listed in the table of AGQS in in Env-Or 603.03
and the additional parameters specified in Env-Or 703.06(c)(2) within 60 days
of notifying the department of the exceedance in the detection monitoring;
(b) Based on the results of the sampling required
by (a), above, the permittee shall consult with the department to determine the
parameters and schedule for subsequent groundwater sampling;
(c) If sampling and analysis at a specific well
indicates that concentrations of all regulated contaminants in the assessment
monitoring are at or below background values for 2 consecutive sampling events,
the permittee shall notify the department of this finding and return to
detection monitoring at that well;
(d) The permittee shall submit the results of the
assessment monitoring to the department within 45 days of the date of each round
of sampling;
(e) The permittee shall establish a background
concentration for each regulated contaminant discovered in the assessment
monitoring for which a background concentration has not already been
established for purposes of detection monitoring; and
(f) If the concentration of a regulated
contaminant detected by assessment monitoring is above the background value but
below the ambient groundwater quality standard established under Env-Or 603.03,
the permittee shall:
(1) Notify the
department within 10 days after receiving results; and
(2) Submit a
corrective action plan and implementation schedule in accordance with Env-Or
703.19 to the department within 30 days.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.14)
Env-Or 703.19 Requirements
for Corrective Action Plan.
(a) The corrective action plan submitted by the
permittee pursuant to Env-Or 703.18(f)(2) shall include the following:
(1) Inspection
and audit of activities and procedures at the facility to determine possible
sources of contamination;
(2) Remediation
of the source of the exceedance;
(3) Further
groundwater investigation;
(4) Modification
of facility operation as needed to eliminate the cause of the exceedance;
(5) Treatment
of the waste stream as needed to eliminate the cause of the exceedance;
(6) Groundwater
restoration; and
(7) If the
facility operations cannot be modified to eliminate the cause of the exceedance
or if the groundwater cannot be restored or remediated, a schedule of
activities that will be implemented for facility closure.
(b) The
corrective action plan shall be dated, signed, and sealed by the professional
of record.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.15)
Env-Or
703.20 Corrective Action Plan
Approval and Implementation.
(a)
The department shall approve the corrective action plan if the
department determines that the plan is reasonably designed to:
(1) Achieve
compliance with background concentrations;
(2) Eliminate any
future discharges of regulated contaminants to the groundwater; and
(3) Protect
human health and the environment.
(b) The department shall approve the proposed
implementation schedule upon determining that the schedule is protective of
human health and the environment.
(c) The permittee shall implement the corrective
action plan in accordance with the approved implementation schedule beginning
within 30 days of department approval.
(d)
If sampling and analysis at a specific well indicates that the
concentration of each regulated contaminant in the assessment monitoring is at
or below the corresponding background value for 2 consecutive sampling events,
the permittee shall notify the department of this finding and return to
detection monitoring at that well.
(e) If the concentrations of any regulated
contaminant detected by assessment monitoring are above the AGQS established in
Env-Or 603.03, the permittee shall:
(1) Notify the
department within 10 days after receiving results; and
(2) If the
exceedance is the result of a discharge from the facility, apply for a
groundwater management permit as specified in Env-Or 607.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 703.15)
PART Env-Or 704
MONITORING AND REPORTING
Env-Or 704.01 Water Quality Sampling, Analysis, and
Reporting.
(a) The permittee shall monitor groundwater quality
to ensure compliance with the terms of the permit and these rules.
(b) The permittee shall monitor surface water
points and water supply wells as specified in the permit to ensure that water
quality is in compliance with applicable water quality standards and the terms
of the permit.
(c) The permittee shall install at least one
hydraulically up-gradient groundwater monitoring well to monitor ambient
groundwater quality.
(d) The permittee shall operate and maintain the
monitoring wells, piezometers, and other measurement, sampling, and analytical
devices so that they perform to design specifications throughout the life of
the monitoring program.
(e) The parameters to be monitored shall be
determined on a site-specific basis depending on the regulated contaminants
associated with the permitted activity.
(f) The frequency and location of water quality
monitoring shall be determined on a site-specific basis depending on the
hydrogeologic characteristics of the site and predicted rates of groundwater
flow.
(g) The permittee shall submit the results of all
sampling and analysis, including quality assurance and quality control results,
required under a groundwater release detection permit to the department no
later than the 45 days after the sampling date, except as provided for in
Env-Or 703.15 and Env-Or 703.16.
(h) Analyses shall be performed by a laboratory
certified by the U.S. Environmental Protection Agency (US EPA) or accredited by
the department pursuant to Env-C 300.
(i) Sampling shall be performed in accordance
with:
(1) “Practical
Guide for Ground-Water Sampling,” EPA number /600/S2-85/104, US EPA, dated
September 1985, available as noted in Appendix B;
(2) “RCRA Ground-Water
Monitoring: Draft Technical Guidance,” document identification number
PB87107751, US EPA, dated November 1992, available as noted in Appendix B;
(3) “Standards
Related to Environmental Sampling”, 5th Edition, document
identification number ASTM SAMP14, ASTM, dated 2014 (ASTM SAMP14), available as
noted in Appendix B;
(4) “SW 846
Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, US EPA,
dated February 2007 (Revision 6), available as noted in Appendix B; and
(5) “Standard
Guide for Sampling Waste and Soils for Volatile Organic Compounds” document
identification number ASTM D 4547-09, dated 2009, available as noted in
Appendix B.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or 704.02 Groundwater Monitoring Wells.
(a) Monitoring wells shall be designed,
installed, developed, maintained and decommissioned in accordance with We
100-1000 and the practices described in:
(1) “Standards
on Environmental Site Characterization”, Fourth Edition, document
identification number ASTM SITECD10, dated 2010, available as noted in Appendix
B; and
(2) ASTM
SAMP14, available as noted in Appendix B.
(b) Monitoring wells shall be constructed,
maintained, and decommissioned only by a licensed New Hampshire water well
contractor holding a valid technical drillers license under RSA 482-B.
(c) Monitoring wells shall be:
(1) Developed
prior to sampling; and
(2) Allowed to
equilibrate a minimum of 2 weeks following installation prior to sampling.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
PART Env-Or 705
WAIVERS
Env-Or
705.01 Purpose. The purpose of the rules in this part is to
accommodate those situations where strict adherence to the rules is not needed
to protect public health or the environment.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
705.02 Initiating a Waiver Request.
(a) Any person who is or would be directly and adversely
affected by the strict application of a requirement established in Env-Or 700
may request a waiver thereof.
(b) A request for a waiver shall:
(1) Be
submitted in writing to the department;
(2) Include the
information specified in Env-Or 705.03;
(3) Be signed
as specified in Env-Or 705.04; and
(4) Be
submitted as soon as the need for a waiver is identified.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or
705.03 Information Required for
Waiver Request. The person
requesting the waiver shall provide the following information:
(a) The name, mailing address, and daytime
telephone number of the person requesting the waiver and, if other than an
individual, the name and daytime telephone number of a contact person and, if
available, a fax number and e-mail address;
(b) A
description of the facility to which the waiver request relates, including
name, address, and department permit number;
(c) Identification of the rule for which a waiver
is being sought;
(d) A full explanation of why a waiver is being
requested, including an explanation of the economic and operational consequences
of complying with the rule as written;
(e) A full explanation of the alternative(s)
proposed to be implemented in lieu of complying with the rule(s) for which a
waiver is sought, if any, with backup data for support;
(f) A statement of whether the requested waiver
can be of limited duration; and
(g) A full explanation of how granting the
requested waiver would meet the criteria specified in Env-Or 705.05(a).
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15
Env-Or 705.04 Signature Required for Waiver Request.
(a) The person requesting a waiver shall authorize an
individual to sign and date the request.
(b) The authorized
individual shall sign and date the request and print or type his or her name
and title by the signature.
(c)
The signature shall constitute
certification that:
(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 denying the waiver request or revoking any waiver that is granted based on the information; and
b. He or she is subject to the penalties specified in
Source. (See Revision Note at chapter heading for Env-Or
700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 705.03)
Env-Or
705.05 Department Action on Waiver
Request.
(a) The department shall grant a waiver if it
determines that:
(1) The requirement to be waived is not
established by statute, unless the statute that establishes the requirement
expressly authorizes the department to grant waivers of the requirement;
(2) Granting a waiver will not result in any
adverse effect on human health or the environment; and
(3) The aspect of facility siting or operations
to which the waiver relates will be consistent with the purpose of the release
detection program.
(b) The department shall include such conditions,
including time limitations, as are necessary to ensure that the activities
conducted pursuant to the waiver will meet the criteria specified in (a),
above.
(c) The department shall issue a written response
to a request for a waiver within 60 days of receipt of the request. If the request is denied, the written response
shall specify the reason(s) for the denial.
Source. (See Revision Note at chapter heading for
Env-Or 700) #8812, eff 2-1-07; ss by #10832, eff 6-1-15 (from Env-Or 705.04)
Appendix
A
Rule Section(s) |
State
Statute(s) Implemented |
|
|
Env-Or 700 |
RSA 485-C:13 |
|
|
Appendix B:
Incorporation by Reference Information
Env-Or Rule |
Title (Document ID #) -- Date |
Obtain at: |
|
|
ASTM
International West 1-877-909-2786
( |
703.06(d)(1)c. |
“Standard Practice
for Classification of Soils for Engineering Purposes” (ASTM D2487-11) -- 2011 |
PDF
$49; Hardcopy $49 + S/H |
703.06(d)(1)d. |
“Standard Practice
for Description and Identification of Soils, Visual Manual Method” (ASTM
D2488-09a) -- 2009 |
PDF
$49; Hardcopy $49 + S/H |
703.06(d)(3) |
“Standard Test Method
for Standard Penetration Test (SPT) and Split-Barrel Sampling of Soils” (ASTM
D1586-11) -- 2011 |
PDF
$42; Hardcopy $42 + S/H |
704.01(i)(3)
704.02(a)(2) |
“Standards
Related to Environmental Sampling”, 5th Edition (ASTM SAMP14) -- 2014 |
Online $199 |
704.01(i)(5) |
“Standard
Guide for Sampling Waste and Soils for Volatile Organic Compounds” (ASTM D
4547-09) -- 2009 |
PDF $49; Hardcopy
$49 + S/H |
704.02(a)(1) |
“Standards
on Environmental Site Characterization”, Fourth Edition -- 2010 |
Online $289 |
|
|
Environmental
Protection Agency (202)
272-0167 |
704.01(i)(1) |
“Practical Guide for
Ground-Water Sampling” (600285104) -- Sept. 1985 |
No
cost to download from: http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=30000FRY.txt |
704.01(i)(2) |
“RCRA
Ground-Water Monitoring: Draft Technical Guidance” (PB87107751) -- Nov. 1992 |
No cost to download
from: http://www.epa.gov/epawaste/hazard/correctiveaction/resources/guidance/sitechar/gwmonitr/rcra_gw.pdf |
704.01(i)(4) |
“SW
846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”
February 2007 (Revision 6) |
No cost to download
from: http://www.epa.gov/epawaste/hazard/testmethods/sw846/online/index.htm |
Appendix C: Statutory
Definitions
RSA 485-C:2:
VIII. “Groundwater” means subsurface water that occurs
beneath the water table in soils and geologic formations.
XI. “Person” means any individual, partnership, company,
public or private corporation, political subdivision or agency of the state,
department, agency or instrumentality of the
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.
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.
RSA 146-A:2:
VI-b. “Surface water” means perennial and seasonal
streams, lakes, ponds, and tidal waters within the jurisdiction of the state,
including all streams, lakes, or ponds bordering on the state, marshes,
watercourses, and other bodies of water, natural or artificial;