CHAPTER Env-Wq 2100 WATER CONSERVATION; USE REGISTRATION
AND REPORTING
PART Env-Wq 2101
WATER CONSERVATION
Statutory Authority: RSA 485:61
REVISION NOTE:
This
part was formerly designated Env-Ws 390.
Document #8353, effective 5-14-05, adopted Env-Ws 390. This part was subsequently redesignated
editorially with a new subtitle as Env-Wq 2101 pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05. The
numerals of the rules remained unchanged, and the source notes for the rules
under Document #8353 refer to those numbers under the subtitle Env-Ws.
Env-Wq 2101.01 Purpose. The purpose of these rules is to establish
water conservation practices as required by RSA 485:61.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.01); ss by #10480-A, eff 12-3-13
Env-Wq 2101.02 Applicability.
(a) As specified in
RSA 485:61, II, these rules shall apply to “all new permit applicants and
applications for water withdrawals subject to the provisions of RSA 485:3, RSA
485:48, RSA 485-C:21 and section 401 of the Clean Water Act.”
(b) Pursuant to Laws
of 2002, 142:3, effective July 12, 2002, the “rules developed under RSA 485:61
shall apply to all new water withdrawal permit applications approved under RSA 485:61,
II on or after the effective date of this act.”
(c)
Subject to (d) through (f), below, the specific applicants and
applications covered by (a), above, shall be as follows:
(1) Sources of groundwater for community water systems
for which an application is filed on or after the 2013 effective date of this
part;
(2) Sources of groundwater for bottled and bulk water
operations for which an application is filed on or after the 2013 effective
date of this part;
(3) Sources of groundwater where
withdrawals exceed 57,600 gallons over any 24-hour period for which an
application is filed on or after the 2013 effective date of this part;
(4) Surface water sources of
water supply associated with projects that require a water quality certification
pursuant to Section 401 of the federal Clean Water Act for which an application
is filed on or after the 2013 effective date of this part;
(5) Surface water sources that
require water quality certification pursuant to RSA 485-A:12,
IV for which an application is filed on or after July 7, 2009, the effective
date of that requirement;
(6) Surface water sources that
are augmented by a surface water transfer
pursuant to Env-Wq 1708.12 for which an application is filed on or after
August 23, 2011, the effective date of the readoption with amendment of that
rule; and
(7) Any consecutive water system
or privately owned redistribution system (PORS) that receives water from a
wholesale system that is subject to this part.
(d) Any source or user
of the type listed in (c)(1)-(4) or (7), above, that was subject to Env-Wq 2101
as effective May 14, 2005 shall continue to be subject to these rules.
(e) Any source,
transfer, or user of the type listed in (c), above, that would not have been
subject to Env-Wq 2101 as effective May 14, 2005 shall be subject to these
rules as of the 2013 effective date of this part.
(f) These rules shall
not apply to any source of water that is developed after the 2013 effective
date of this part as a replacement for an existing source of water, provided:
(1) The existing source is not a
wholesale system or a community water system;
(2) The withdrawal from the
replacement source is expected to be less than or the same amount of water as
has been historically withdrawn from the existing source; and
(3) If the existing source being
replaced is a well, it is abandoned in accordance with We 100 et seq.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.02); ss by #10480-A, eff 12-3-13
Env-Wq 2101.03 Definitions.
(a) “Agricultural
water use” means use of water for crop irrigation or for animal operations
associated with farming.
(b) “Annually” means
once each calendar year, but not sooner than 10 months after and not later than
12 months after the prior annual event.
(c) “Applicant” means
the person who applies for approval of a source pursuant to Env-Dw
301, Env-Dw 302, Env-Dw 303,
Env-Wq 403, as applicable and as allowed by those rules, or who otherwise
requests an approval or certification identified in Env-Wq 2101.24(a)(5)-(8).
(d) “Automatic
irrigation system” means an interconnected network of pipes, pumps, valves, and
emitters designed to provide water to growing plant material, that is operated
by a remote control valve controlled by a mechanical or electronic clock
programmed to operate at specified times.
(e) “Apparent losses”
means water that is metered by the water supplier as going into the
distribution system and reaching an end user for which the water supplier is
unable to bill. Apparent losses are
caused by unauthorized consumption, service meter under-registration, data handling
errors, or any combination thereof.
(f) “Authorized
consumption” means the volume of water removed from the distribution system
with the explicit or implicit approval of the water supplier. The term includes water used by registered
customers, water delivered to consecutive systems, and water consumed in public
service activities including but not limited to fire fighting and training,
flushing of mains and sewers, street cleaning, watering of municipal gardens,
public fountains, frost protection, bleeder valves for water quality improvement,
and water used in construction.
Authorized consumption is either metered or unmetered and either billed
or unbilled, in any combination.
(g) “Authorized
metered consumption” means billed metered water plus unbilled metered water.
(h) “Billed metered
water” means authorized consumption by all customer types that is both metered
and billed.
(i)
“Bottled water” means water that is placed in a sealed container or
otherwise packaged and offered for sale for human consumption or other consumer
uses.
(j) “Bulk water” means
water intended for potable uses that is transported in containers greater than
10 gallons for the purpose of treatment, packaging or human consumption.
(k) “Community water
system (CWS)” means “community water system” as defined in RSA 485:1-a, I, as reprinted in
Appendix C.
(l) “Consecutive water
system” means a public water system that buys or otherwise receives some or all
of its finished water from one or more wholesale systems for at least 60 days
per year.
(m) “Conservation
source” means a source specified in Env-Wq 2101.02(c)(1)-(6).
(n) “Conservation system” means:
(1) Any
water system for
which an application is filed on or after the 2013 effective date of this part,
which will be a CWS or wholesale system if the source is approved;
(2) Any CWS
that is served in whole or in part by a conservation source;
(3) Any
wholesale system that is served in whole or in part by a conservation source;
(4) Any
industrial, commercial, institutional (ICI) water user that is served in whole
or in part by a conservation source; and
(5) Any
consecutive water system or PORS specified in Env-Wq 2101.02(c)(7).
(o)
“Groundwater” means “groundwater” as defined in RSA 485:C:2, VIII, as reprinted in Appendix C.
(p)
“Industrial, Commercial, Institutional (ICI) water user” means a water
user that:
(1) Has its own source of water,
in lieu of or in addition to a connection to a community water system; and
(2) Uses the majority of its
water for other than agricultural water use.
(q) “Large community
water system” means a community water system that serves more than 1,000
persons.
(r) “Large groundwater
withdrawal” means “large groundwater withdrawal” as defined in RSA 485-C:2, IX-a, as reprinted in Appendix C.
(s) “Monthly” means
once every calendar month, but not sooner than 27 days after and not later than
33 days after the date in the prior month on which the event in question
occurred.
(t) “Nonrevenue water”
means water that is metered by the water supplier as going into the
distribution system that produces no revenue, equal to unbilled authorized
consumption plus apparent losses plus real losses.
(u) “Operator” means
“operator” as defined in RSA 485:1-a, XII, as reprinted in Appendix C.
(v) “Owner” means
the person who has legal authority to control the system or source to which the
specified requirement applies.
(w) “Person” means
“person” as defined in RSA 485:1-a, XIII, as reprinted in Appendix C.
(x) “Public water
system” means “public water system” as defined in RSA 485:1-a, XV, as reprinted
in Appendix C.
(y) “Privately owned
redistribution system (PORS)” means “privately owned redistribution system” as
defined in RSA 485:1-a, XIV-a, as reprinted in Appendix C.
(z) “Real loss” means
water that is physically lost from a water supplier’s water storage and
distribution system due to overflow from storage tanks, leaking water lines
between the source meter(s) and service meters where service meters are in
place, and leaking water lines anywhere after the source meter(s) where service
meters are not in place.
(aa) “Service connection” means the point
of connection between the customer’s service pipe and the water system’s
service line.
(ab) “Small community water system” means a
community water system that is not a large community water system.
(ac)
“Source activation date” means the date a conservation source is placed
into use.
(ad) “Specified
system” means a conservation system that is listed in Env-Wq 2101.13(a).
(ae) “Surface water” means “surface waters of the
state” as defined in RSA:485-A:2, XIV, as reprinted in
Appendix C.
(af) “System input volume” means the volume of
water input to the water supply system corrected for known errors, which is
equal to the volume of water derived from the water system’s own sources, minus
water consumed by treatment processes, plus water imported or purchased, plus
or minus the net change in water storage where applicable.
(ag) “Unauthorized consumption” means any
intentional use of water from the distribution system that is not authorized
consumption.
(ah)
“Unbilled authorized consumption” means any authorized consumption for
which the water supplier does not bill, whether metered or unmetered.
(ai) “Unbilled metered water” means any authorized
consumption that is metered but for which the water supplier does not bill.
(aj) “Water balance” means the difference between
the system input volume and authorized metered consumption.
(ak) “Water conservation” means “water
conservation” as defined in RSA 485:1-a, XIX, as reprinted in Appendix C.
(al) “Wholesale system” means a public water
system or ICI water user that treats source water and then sells or otherwise
delivers finished water to a consecutive water system or privately owned
distribution system.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.03); ss by #10480-A, eff 12-3-13
Env-Wq 2101.04 Owner
Liability. The owner may delegate the responsibilities
imposed by this part to an
operator, but any such delegation shall not relieve the owner from liability
for non-compliance with the requirements in this chapter.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.04); ss by #10480-A, eff 12-3-13
Env-Wq 2101.05 Summary of Water
Conservation Requirements; Compliance Deadlines.
(a) The owner of a CWS
described in Env-Wq 2101.03(n)(1) shall comply with the requirements
established in Env-Wq 2101.06 through Env-Wq 2101.13, as summarized in Table
2101-1, below, by the deadline specified in Table 2101-1:
Table 2101-1: Summary of Requirements, Compliance
Deadlines for New CWS
Table 2101-1 Requirement |
Compliance Deadline |
Env-Wq 2101.06 relative to water meters |
No later than the source activation date |
Env-Wq 2101.07 relative to implementing a leak detection and repair
program |
No later than the source activation date |
Env-Wq 2101.08 relative to performing a water balance |
No later than the source activation date |
Env-Wq 2101.09 relative to conducting a water audit and preparing and
implementing a response plan |
If required, submit with the water balance |
Env-Wq 2101.10(b) relative to addressing high pressure zones |
No later than the source activation date |
Env-Wq 2101.11 relative to implementing a rate structure and billing
practices to promote conservation |
No later than the source activation date |
Env-Wq 2101.12 relative to implementing an educational outreach
program |
No later than the source activation date |
Env-Wq 2101.13 relative to notifying consecutive water systems and
PORS |
Within 5 working days of obtaining final approval for the source |
(b)
The owner of a large CWS described in Env-Wq 2101.03(n)(2) shall comply with
the requirements established in Env-Wq 2101.06 through Env-Wq 2101.13, as
summarized in Table 2101-2, below, by the deadline specified in Table 2101-2:
Table 2101-2: Summary of Requirements, Compliance
Deadlines for Existing Large CWS
Table 2101-2 Requirement |
Compliance Deadline |
Env-Wq 2101.06(a)(1), (b) and (c) relative to service meters |
Within 3 years of obtaining approval of the new source |
Env-Wq 2101.06(a)(2)-(4), (b), and (d) relative to source, analysis, distribution
and transfer meters |
No later than the source activation date |
Env-Wq 2101.07 relative to implementing a leak detection and repair
program |
Within one year of obtaining approval of the new source |
Env-Wq 2101.08 relative to calculating a water balance |
No later than the earlier of installing all service meters or within
3 years of obtaining approval of the new source |
Env-Wq 2101.09 relative to conducting a water audit and preparing and
implementing a response plan |
If required, submit with the water balance |
Env-Wq 2101.10(a) relative to addressing high pressure zones |
Within one year of obtaining approval of the new source, subject to
the stated feasibility and consistency requirements |
Env-Wq 2101.10(b) relative to addressing high pressure zones |
In the response plan, if a response plan is required and portions of
the distribution system exceed static pressures of 100 psi |
Env-Wq 2101.11 relative to implementing a rate structure and billing
practices to promote conservation |
Within 2 years of installing all service meters or within 5 years of
obtaining approval for a new source of water, whichever is earlier |
Env-Wq 2101.12 relative to implementing an educational outreach
program |
No later than the source activation date |
Env-Wq 2101.13 relative to notifying consecutive water systems and
PORS |
Within 5 working days of obtaining final approval for the source |
(c)
The owner of a conservation system that is, in whole or in part, a
wholesale system shall comply with:
(1) The requirements specified
in Table 2101-1 or Table 2101-2, as applicable to the type of community water
system the wholesale system is, if it is a community water system; or
(2) The requirements that apply
to specified systems, if the wholesale system is not covered by Table 2101-1 or
Table 2101-2.
(d)
The owner of a conservation system that is, in whole or in part, a
specified system shall comply with the requirements established in Env-Wq
2101.14 through Env-Wq 2101.17 by the deadline specified for the requirement.
(e)
The owner of a conservation system that is used, in whole or in part,
for agricultural water use shall comply with the requirements specified in
Env-Wq 2101.18.
(f)
The owner of a conservation system that is, in whole or in part, an ICI
water user shall comply with the requirements specified in Env-Wq 2101.13 and
Env-Wq 2101.19 through Env-Wq 2101.22.
(g)
To the extent that multiple sets of requirements apply to a conservation
system, the owner of the system shall comply with all requirements, provided
that if the requirements overlap, the more stringent requirement(s) shall
apply.
(h) Activities undertaken
pursuant to (a) through (f), above, shall be completed under the supervision of
a water system operator who is certified pursuant to RSA 332-E and Env-Dw 502.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.05); ss by #10480-A, eff 12-3-13
Env-Wq 2101.06 Water Meters.
(a) The owner of a
conservation system shall install water meters for each of the following:
(1) All service connections, including
all public sector service connections;
(2) Each source of water prior
to treatment;
(3) Transfers to consecutive
water systems or privately owned redistribution systems; and
(4) If a water source undergoes a treatment
process that consumes water:
a. Each point
of entry into the distribution system for the water source, provided that
multiple water sources may be combined prior to the distribution system meter;
or
b. All points of discharge
to other than the distribution system, including but not limited to backflush, treatment process water, and continuous
analyzers.
(b) The owner shall
select, size, install, and maintain the water meters required by (a), above, in accordance with:
(1) The specifications of the
manufacturer; and
(2) The procedures and protocols
described in “Manual of Water Supply Practices, Water Meters - Selection,
Installation, Testing, and Maintenance,” document identification number AWWA M6,
American Water Works Association, 2012, available as noted in Appendix A.
(c) The owner shall
read the water meters required by (a)(1), above, at
least once in each 3-month period, but not sooner than 83 days after and not
later than 97 days after the date in the prior quarter on which the meters were
read, provided that the owner of a system that has connections which are not
used year-round may request a waiver as provided in Env-Wq 2101.23.
(d) The owner shall:
(1) Read the water meters required
by (a)(2) and (3), above, at least monthly; and
(2) Report the readings to the
department in accordance with Env-Wq 2102.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.06); ss by #10480-A, eff 12-3-13
Env-Wq 2101.07 Leak Detection and Repair.
(a) The owner of a
conservation system shall implement a leak detection program in accordance with
“Manual of Water Supply Practices, Water Audits and Loss Control Programs”,
document identification number AWWA M36, American Water Works Association, 2009
(2009 AWWA M36 Manual), available as noted in Appendix A.
(b) The owner shall:
(1) Repair all leaks within 60
days of discovery; or
(2) Propose an alternative
timeframe to the department in writing within 30 days of discovery.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.07); ss by #10480-A, eff 12-3-13
Env-Wq 2101.08 Water Balance.
(a) The owner of a
conservation system shall calculate the water balance for each calendar year.
(b) The owner shall submit
the water balance calculated as specified in (a), above, to the department no
later than the first day of March following the year to which the water balance
pertains.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.08); ss by #10480-A, eff 12-3-13
Env-Wq 2101.09 Development and
Implementation of Response Plans.
(a) If the water balance
calculated pursuant to Env-Wq 2101.08(a) exceeds 15% of the system input
volume, the owner of a conservation system shall:
(1) Complete a water audit using
protocols and procedures described in the 2009 AWWA M36 Manual;
(2) Prepare a response plan
based on the findings of the water audit; and
(3) Submit the water audit and
the response plan to the department with the water balance required by Env-Wq
2101.08.
(b) The response plan
prepared pursuant to (a)(2), above, shall identify the
measures the owner intends to implement and the schedule on which such measures
will be implemented to reduce the water balance to below 15% within 2 years.
(c) The department
shall approve the response plan within 90 days if the department agrees that the
measures identified in the plan are likely to meet the reduction requirements
specified in (b), above.
(d) The department
shall include in its approval such conditions as are required to ensure the
response plan is implemented as required, including but not limited to
requirements for interim progress reports.
(e) The owner shall
implement the response plan as approved by the department in accordance with
the approved schedule upon receiving approval from the department.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.09); ss by #10480-A, eff 12-3-13
Env-Wq 2101.10 High Pressure Zones.
(a) The owner of a
conservation system shall implement pressure reduction as specified in Table
2101-1 or Table 2101-2, as applicable, when:
(1) Technically feasible;
(2) Consistent with water system
industry standards and regulations; and
(3) Consistent with other public
health and safety considerations.
(b) If a response plan
is required per Env-Wq 2101.09(a) and portions of the distribution system
exceed static pressures of 100 psi, the response plan prepared pursuant to
Env-Wq 2101.09(a)(2) shall address the possibility of
leakage from high pressure zones.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.10); ss by #10480-A, eff 12-3-13
Env-Wq 2101.11 Rate Structure and Billing Practices
to Promote Water Conservation.
(a)
The owner of a conservation system shall implement a rate structure and
billing practices that promote water conservation, as
specified in this section.
(b) The rate structure
shall be based on:
(1) A unit price of water; and
(2) The amount of water used by
each connection to the conservation system.
(c) The unit price of
water for residential connections shall:
(1) Remain the same for any
volume of water consumed; or
(2) Increase with the volume of
water consumed.
(d) If service meters
are read at least quarterly, the owner shall bill customers not less than
quarterly.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.11); ss by #10480-A, eff 12-3-13
Env-Wq 2101.12 Educational Outreach Program.
(a) The owner of a
conservation system shall notify municipal governments within its service area
as specified in Env-Wq 2101.25.
(b) The owner shall
implement an on-going educational outreach initiative for its customers to
promote water conservation.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.12); ss by #10480-A, eff 12-3-13
Env-Wq 2101.13 Notice by Wholesale System
Required.
(a) The owner of a
wholesale system shall notify any consecutive system or privately owned
redistribution system to which it delivers water of the projected source
activation date within 5 working days of obtaining approval for a new
conservation source.
(b) The notice
provided pursuant to (a), above, shall be in writing and include the following:
(1) The projected source activation
date; and
(2) A statement that the
consecutive system or privately owned redistribution system will be subject to
Env-Wq 2101 as of the source activation date.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.13); ss by #10480-A, eff 12-3-13
Env-Wq 2101.14 Requirements for Specified
Systems.
(a) The requirements
in Env-Wq 2101.15 through Env-Wq 2101.17 shall apply to the systems listed
below, which are collectively referred to as specified systems:
(1) A conservation system that
was a small CWS on or after May 14, 2005 but prior to the 2013 effective date
of this part;
(2) A landlord-owned conservation
system in which the landlord supplies water only to tenants and includes water
service in a rental fee;
(3) A conservation system that
is a wholesale system, if such system is not covered by Env-Wq 2101.05(a) or
(b); and
(4) A consecutive water system
or privately owned redistribution system that receives water from a wholesale
system that is subject to this part.
(b) The owner of a
specified system shall comply with the applicable requirements by the deadline
noted for each requirement.
Source. #8353, eff 5-14-05 (See Revision Note at part
heading for Env-Wq 2101) (formerly Env-Ws 390.14); ss by #10480-A, eff 12-3-13
Env-Wq 2101.15 Water Meters for Specified
Systems. The owner of a conservation
system that is a specified system shall comply with Env-Wq 2101.06(a)(2)-(3), (b), and (d) no later than the source activation
date.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.16 Minimization of Water Loss
and Water Waste for Specified Systems.
(a)
The owner of a specified system shall implement one of the following
options to minimize water loss and water waste by the deadlines noted in (b),
below:
(1) Comply with the following
requirements:
a. Service
metering as specified in Env-Wq 2101.06(a)(1), (b), and (c);
b. Calculating a water balance as specified in Env-Wq 2101.08;
c. Water
auditing and implementing a response plan as specified in Env-Wq 2101.09: and
d. Conservation rate structure and billing practices as specified in Env-Wq 2101.11;
(2) Implement a
leak detection and repair program as follows:
a. Complete a comprehensive leak detection
survey of the distribution system every 2 years in accordance with “Manual of
Water Supply Practices, Water Audits and Loss Control Programs”, document
identification number AWWA M36, American Water Works Association, 2009 (2009
AWWA M36 Manual), available as noted in Appendix A; and
b. Address all leaks as specified in Env-Wq 2101.07(b); or
(3) Implement a high resolution
meter reading analysis as follows:
a. Install water meters between all storage or treatment processes and all points
of entry into the distribution system;
b. Conduct the analysis during periods of low water demand to identify leaks; and
c. Conduct the analysis not less than twice in
each 12-month period, but not sooner than 173 days after and not later than 187
days after the prior analysis; and
d. Address all leaks as specified in Env-Wq 2101.07(b).
(b) The deadlines for
implementing the option selected under (a), above, shall be as follows:
(1) If (a)(1)
is selected, the requirements shall be implemented by the deadline specified
in:
a. Table 2101-1 for any landlord-owned system that did not exist as of the 2013
effective date of this part; or
b. Table 2101-2 for any other specified system;
(2) If (a)(2)
is selected, the first survey shall be completed:
a. No later than 2 years from the source activation
date for any landlord-owned system that did not exist as of the 2013 effective
date of this part; or
b. No later than 2 years from the source approval date for any other
specified system; and
(3) If (a)(3)
is selected, the requirements shall be implemented no later than:
a. The source activation date for any landlord-owned system that did not
exist as of the 2013 effective date of this part; or
b. One year from the obtaining final approval for the
conservation source for any other specified system.
(c) In addition to the
option implemented under (a), above, the owner of a specified system shall
comply with:
(1) Env-Wq 2101.10 relative to
high pressure zones no later than:
a. The source activation date for any landlord-owned system that did not
exist as of the 2013 effective date of this part; or
b. One year from the obtaining final approval for the conservation source for
any other specified system; and
(2) Env-Wq 2101.13 relative to notifying
consecutive water systems and PORS within 5 working days of obtaining final
approval for the conservation source.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.17 Educational Outreach Program
for Specified Systems.
(a) The owner of a
specified system that is a landlord-owned system established on or after the
2013 effective date of this part shall comply with the educational outreach
program for conservation systems in Env-Wq 2101.12 no later than the source
activation date.
(b) The owner of any
specified system not covered by (a), above, shall comply with the educational
outreach program for conservation systems in Env-Wq 2101.12 within one year of
obtaining final approval for the conservation source.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.18 Requirements for
Agricultural Water Use. Each owner
of a conservation system that uses the majority of its water for agricultural water
use shall:
(a) Implement
irrigation processes in accordance with the 1998 edition of the Irrigation Best
Management Practices for Agriculture in New Hampshire, published by the
department of agriculture, markets and food; and
(b) Register and report
water use to the department in accordance with Env-Wq 2102.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.19 Basic Requirements for
Industrial, Commercial, and Institutional (ICI) Water Users.
(a) Each ICI water
user shall register and report water use to the department in accordance with
Env-Wq 2102.
(b) Each ICI water
user shall identify the source(s) and amount of water used for existing and
anticipated future uses of water associated with the ICI water user, including
but not limited to the following:
(1) Heating;
(2) Cooling;
(3) Processing;
(4) Product ingredient;
(5) Sanitary use; and
(6) Outdoor water use.
(c) Subject to (d), below,
each ICI water user shall install and maintain water meters as described below
prior to initiating a withdrawal from a conservation source:
(1) A water meter shall be
installed for each water source; and
(2) All water meters shall be
selected, sized, installed, and maintained in accordance with:
a. The specifications of the manufacturer; and
b. The procedures and protocols described in
“Manual of Water Supply Practices, Water Meters - Selection, Installation,
Testing, and Maintenance,” document identification number AWWA M6, American
Water Works Association, 2012, available as noted in Appendix A.
(d) Each ICI water
user that uses a conservation source for snowmaking shall measure water use
associated with snowmaking as required by RSA 488:4-a.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.20 Additional Requirements for
ICI Water Users.
(a) If water is used
in a single-pass cooling system, the ICI water user shall replace or retrofit
the process by using one or more of the following methods to achieve maximum water efficiency within 5 years of source
activation:
(1) Recirculating cooling
techniques to replace some or all of the single-pass water cooling system;
(2) The use of sensors and
automatic shut-off devices to reduce water used for cooling processes;
(3) Implementation of water
treatment processes that consume less water than the process(es) being used;
(4) Air cooling techniques to
replace some or all of the single-pass water cooling system; or
(5) Alternative technology that
reduces water consumption by at least the amount that would be reduced by
implementing one or more processes described in (1) through (4), above.
(b) If the ICI water
user has any process that results in the discharge or disposal of unused water,
the water user shall identify each process where:
(1) Water is used to control
temperature; and
(2) Unused water could be
discharged or otherwise disposed of through an overflow or other outlet.
(c) The ICI water user
shall modify each process identified pursuant to (b), above, within 5 years of
source activation by installing:
(1) Automatic shut-off devices
to prevent the discharge of water to waste; and
(2) Sensors that optimize the
use of water.
(d) Each ICI water
user shall implement water conservation practices not described in Env-Wq
2101.19 as described below:
(1) The ICI water user shall
submit to the department a description of water conservation best management
practices or best available technologies that might be applicable to the types
of water-using processes at the ICI water user’s facility;
(2) The ICI water user shall
develop a plan and schedule to implement the plan that demonstrates these
processes will be implemented within 5 years; and
(3) The ICI water user shall
implement the plan according to the schedule upon obtaining approval from the
department pursuant to Env-Wq 2101.26.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.21 Waiver from ICI Water User
Requirement(s) Based on Economic Analysis.
(a) An ICI water user
who wishes to obtain a waiver from complying with a measure described in Env-Wq
2101.20 shall submit to the department an economic analysis prepared by a person employed or contracted by the ICI water user who has training and experience in preparing
economic analyses which shows that the payback period for the measure is
more than 4 years.
(b) The economic
analysis prepared to support a waiver request under (a), above, shall determine
the true cost of the water use, based on the following factors:
(1) The cost of energy to pump
and distribute water;
(2) The cost of treating the
water if treatment is necessary prior to being used or disposed of by the ICI
water user;
(3) The cost of disposing of
wastewater;
(4) The capital costs associated
with developing new sources of water;
(5) All other costs or fees
associated with obtaining or disposing of the water;
(6) The capital costs associated
with retrofitting existing process equipment or purchasing new process
equipment;
(7) All other costs or fees
associated with retrofitting existing process equipment or purchasing new
process equipment; and
(8) Whether the ICI water user
anticipates any change in circumstances that could act to lower the overall
cost of implementing the measure, including but not limited to whether the ICI
water user is contemplating moving to a different facility and whether other
sources of water may become available.
(c) The department
shall grant a 4-year renewable waiver if the department agrees that the
economic analysis submitted to support the request:
(1) Is
complete and accurate; and
(2) Demonstrates that the payback
period for the measure is more than 4 years.
(d) The department
shall include in the waiver any condition(s) necessary to ensure efficient
water use.
(e) In order to renew
a waiver, the ICI water user shall submit a renewal request with an updated
economic analysis prepared in accordance with (b), above, by a person
employed or contracted by the ICI water user who has training and experience in preparing economic analyses.
(f) The department
shall renew the waiver only if the department agrees that the updated economic
analysis meets the requirements of (c)(1) and (2),
above.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.22 Lawn Irrigation by ICI Water
Users.
(a) Subject to (c),
below, any ICI water user that is using water to irrigate lawns shall:
(1) Equip all automatic lawn
watering devices with technology that will prevent the devices from operating
during rain events or otherwise when the lawn does not need to be watered; and
(2) Audit all automatic lawn
watering systems not less frequently than once every 3 years to ensure the
technology required by (1), above, is functioning properly.
(b) Subject to (c), below,
any ICI water user that is installing a new lawn area shall require the lawn to
be underlain by 6 inches of loam, which is a loose friable topsoil that
combines relatively equal parts of sand, clay, and silt and that is generally
free from stones, lumps, stumps, roots, weeds, or similar objects larger than 2
inches.
(c) The requirements
of (a) and (b), above, shall not apply to lawns associated with golf courses.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.23 Waivers.
(a) The purpose of
this section is to accommodate situations where strict compliance with all
rules in this part may not be the best outcome in light of the particular
circumstances of the situation.
(b) This section shall
not apply to the requirements in Env-Wq 2101.20, for which waiver requests
shall be filed as specified in Env-Wq 2101.21.
(c) Subject to the
limitation in (b), above, any owner of a conservation system who wishes to
request a waiver of one or more specific requirements of this part shall do so
as specified in this section.
(d) The person
requesting the waiver shall submit a written request to the department that
includes the following information:
(1) The name, mailing address,
and location of the conservation system or water user to which the waiver
request relates;
(2) The name, daytime telephone
number and, if available, fax number and e-mail address of the individual who is
knowledgeable about the request and who can answer questions on behalf of the
requestor;
(3) A description of the
conservation system or water user to which the waiver request relates,
including the population served by the water system, if applicable;
(4) A reference to the specific
section of the rules for which a waiver is sought;
(5) A full explanation of why a
waiver is necessary, including an explanation of the economic and operational
consequences of complying with the rule as written;
(6) A full explanation with supporting data of the alternative(s), if any,
proposed to be implemented or used in lieu of the section’s
requirements;
(7) A discussion of the length
of time the waiver will be needed; and
(8) A full explanation of how
the proposed alternative(s), if any, meets the criteria specified in (f),
below.
(e) The department
shall issue a written response to a request for a waiver within 45 days of
receipt of the request. If the
department denies the request, the reason(s) for the denial shall be clearly
stated in the written response.
(f) The department
shall grant a waiver if the submitted request demonstrates that:
(1) The requirement for which a
waiver is requested is not a statutory requirement;
(2) The health and safety of the
population served by the conservation system will not be compromised if the
waiver is granted;
(3) The operational and economic
consequences of complying with the rule as written outweigh any benefit to be
obtained from complying with the rule as written; and
(4) Granting a waiver will not
contravene the intent of RSA 485:61 or these rules.
(g) The department shall include in the waiver
any conditions necessary to ensure that the criteria specified in (f), above,
are met.
(h) No waiver shall be valid for more than 4
years, but the conservation system
or water user for which or to whom a waiver is granted may request the same
waiver again, provided that the previous waiver shall expire unless the request
is received prior to the expiration of the waiver then in effect.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.24 Water Conservation Plan
Required.
(a)
The applicant for approval of a source that would be a conservation
source shall submit a water conservation plan that demonstrates compliance with
the applicable provisions of Env-Wq 2101.05 through Env-Wq 2101.22 in
accordance with the following:
(1) For
an application for a new source of groundwater for a small community water
system, the water conservation plan shall be submitted prior to or in
conjunction with the preliminary report required by Env-Dw
301.11;
(2) For
an application for a new source of groundwater for a large community water
system, the water conservation plan shall be submitted prior to or in
conjunction with the preliminary report required by Env-Dw
302.13;
(3) For
an application for a new large groundwater withdrawal, the water conservation
plan shall be submitted prior to or in conjunction with the preliminary
application required by Env-Wq 403.05;
(4) For
an application for a new bottled water source, the water conservation plan
shall be submitted prior to or in conjunction with the report required by Env-Dw 303.20;
(5) For
a new withdrawal from a surface water associated with a project requiring a 401
Water Quality Certification, the water conservation plan shall be submitted
prior to or in conjunction with the application for a 401 Water Quality
Certification pursuant to Section
401 of the federal Clean Water Act;
(6) For
a new withdrawal from a surface water that requires water quality certification
pursuant to RSA 485-A:12, IV, the water conservation
plan shall be submitted prior to or in conjunction with the certification
request;
(7) For a new surface water
transfer to augment an existing surface water source pursuant to Env-Wq
1708.12, the water conservation plan shall be submitted prior to or in
conjunction with the application for approval of the transfer; and
(8) For
a consecutive water system or privately owned redistribution system, the water
conservation plan shall be submitted to the department within 90 days of
receiving notice from the wholesale system pursuant to Env-Wq 2101.13.
(b) The water
conservation plan shall be signed by the owner, certifying that the owner has
read the water conservation plan, understands the responsibilities as
referenced in the plan, and that all information provided is complete,
accurate, and not misleading.
(c) If an application
is filed pursuant to (a)(1) or (2), above, for an
existing community water system that currently bills for water service based on
metered consumption, the water conservation plan shall include a water audit
prepared using protocols and procedures described in the 2009 AWWA M36 Manual,
available as described in Appendix A, for the most recent calendar year.
(d)
The department shall contact the applicant within 30 days of receiving
the water conservation plan in order to:
(1) Review the water conservation
plan with the applicant; and
(2) Assess the accuracy and
adequacy of the water conservation plan.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.25 Public Notification.
(a) The department
shall send the applicant a summary of the requirements of Env-Wq 2101.
(b) Within 10 working
days of receiving the summary from the department, the applicant shall provide
a copy of the water conservation plan and summary via certified mail, return
receipt requested, to:
(1) The governing board of:
a. The municipality in which a proposed conservation source is located;
b. All municipalities that receive water from the water system; and
c. All wholesale customers of the water system; and
(2) The regional planning
commission established in accordance RSA 36:46 for the location of a proposed
new source.
(c) The applicant
shall request the governing boards described in (a)(1),
above, to amend the body’s site planning requirements to:
(1) Reflect the requirements of
Env-Wq 2101 when applicable; and
(2) Promote water conservation
landscaping for new projects.
(d) The applicant
shall send copies of the returned receipts to the department prior to receiving
approval for the water conservation plan.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.26 Approval.
(a) The department
shall issue a written decision on the water conservation plan within 45 days of
receipt of the plan.
(b) The department
shall approve the water conservation plan if the department determines that:
(1) The water conservation plan
is complete and correct;
(2) The water conservation plan
demonstrates that the applicable water conservation measures required by Env-Wq
2101.05 through Env-Wq 2101.22 are being or will be implemented in accordance
with the specified timeframes; and
(3) The applicant has sent the
notice as required by Env-Wq 2101.25.
(c) The department shall include in its approval such conditions as are
required to ensure the water conservation plan is implemented as required.
(d) As a condition of
obtaining approving of the water conservation plan, the owner of a conservation
system shall use one of the following pipe identification and location methods for any non-metallic pipe installed
in the water system’s distribution system on or after May 15, 2013:
(1) Detectable tracer tape;
(2) Detectable tracer wire; or
(3) GPS locations of pipe for
which the data is maintained in a geographic information system dataset.
(e) The department
shall not approve the water conservation plan if the criteria specified in (b),
above, are not met.
(f) If the department
does not approve the water conservation plan, the department shall specify the
reason(s) in the notice sent pursuant to (b), above.
Source. #10480-A, eff 12-3-13
Env-Wq 2101.27 On-Going Compliance Reports.
(a) The owner of a
conservation system shall provide the following information on a form supplied
by the department once every 3 years from the date of approval of the water
conservation plan, to demonstrate on-going compliance with the plan:
(1) The owner’s name, mailing
address, and daytime telephone number;
(2) The name, mailing address,
and daytime telephone number and, if available, fax number and e-mail address
of the individual responsible for maintaining compliance with Env-Wq 2101 on
behalf of the owner; and
(3) Details and documentation of
how compliance with each of the applicable requirements of these rules is being
achieved.
(b) The owner shall sign and date the on-going
compliance report. Such signature shall
constitute certification that:
(1) The owner has personally examined and is
familiar with the information submitted in or with the on-going compliance
form;
(2) Based on the owner’s inquiry of those individuals immediately responsible
for obtaining the information provided on or with the on-going compliance
report, the owner believes that the submitted information is
true, accurate and complete; and
(3) The owner understands that he or she is
subject to the penalties specified in RSA 641:3 for making unsworn false statements.
(c) If the conservation system is not in
compliance with one or more requirement(s), the on-going compliance report
shall identify the non-compliance and include an explanation of how the
non-compliance has been, is being, or will be addressed.
Source. #10480-A, eff 12-3-13
PART Env-Wq
2102 WATER USE REGISTRATION AND
REPORTING
Statutory
Authority: RSA 488:9
Env-Wq 2102.01 Purpose. The purpose of these rules is to implement
RSA 488 by establishing requirements relative to documenting the identity and
location of water uses and collecting accurate water use data to support
management of the state’s water resources.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
Env-Wq 2102.02 Applicability.
(a)
The rules in this part shall apply to any person required to register a
water use under RSA 488:3, I, namely any person whose cumulative incoming
water or cumulative outgoing water exceeds an average of 20,000 gallons of
water per day in any 7-day period, or exceeds a total volume of 600,000 gallons
in any 30-day period.
(b)
Except as provided in (c), below, this chapter shall apply to any of the
following water uses that meets or exceeds the criteria specified in (a),
above:
(1) Domestic, commercial, industrial, or
institutional supply;
(2) Treated or untreated municipal or industrial
wastewater discharge;
(3) Industrial make-up and processing;
(4) Contact and non-contact cooling;
(5) Agriculture, including livestock and crops;
(6) Irrigation other than for agriculture and
discharge of return flows;
(7) The production of mechanical or electrical
power;
(8) The containerized transport of water in bulk
quantities;
(9) Withdrawals and discharges associated with
site remediation activities; and
(10) Any other use that equals or exceeds the
water volumes identified in (a), above.
(c)
Pursuant to RSA 488:11, these rules shall not apply to a discrete
withdrawal arising from an emergency event, such as fire suppression.
(d)
The following uses shall not be included in determining cumulative water
use under (a), above:
(1) Use of recycled water stored in holding ponds
that are not connected to surface waters nor constructed below the water table
at facilities that process aggregate materials; and
(2) Withdrawals and discharges for the purpose of
dewatering quarries or other excavations following discrete events of stormwater inflow.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
Env-Wq 2102.03 Statutory Definitions. When used in these rules, the terms listed in
table 2102-1, below, shall have the meaning assigned by the statute identified,
as reprinted in Appendix C:
Table
2102-1: Statutory Definitions
Term |
Statute |
Discharge |
RSA 488:2, III |
Groundwater |
RSA 488:2, IV |
Person |
RSA 488:2, V |
Public water
supplier |
RSA 485:1-a,
XVI (“Supplier of water”) |
Surface water |
RSA 488:2, VI |
Transfer |
RSA 488:2, VII |
Withdrawal |
RSA 488:2,
VIII |
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
Env-Wq 2102.04 Part-Specific Definitions.
(a)
“Agriculture water user” means an entity that uses water for operations
at a farm as defined in RSA 21:34-a. public water supplier
(b)
“Boiler blowdown” means water that is
discharged periodically from a boiler to control the concentrations of
suspended and total dissolved solids in the boiler and to remove sludge from
the bottom of the boiler.
(c)
“Boiler makeup” means water added periodically to a heating or power
generating system to replace water lost through evaporation, blowdown, or leakage.
(d)
“Contact cooling water” means water used to reduce temperature that
comes into direct contact with a raw material, intermediate product, waste
product other than heat, or finished product and thus becomes classified as
process wastewater.
(e)
“Contact person” means an individual who has been designated by the
water user to be the main point of contact for the department relative to a
registration under RSA 488.
(f)
“Destination” means:
(1) A location to which water is discharged;
(2) A facility to which water is transferred;
(3) Any water-containing product created by a
water user; or
(4) Evaporative losses occurring as a result of
water use.
(g)
“Drainback” means water withdrawn for
snowmaking that is not converted to snow but remains within the distribution
system until being discharged directly back to the original source at or near
the point of withdrawal.
(h)
“Electronic reporting system” means a computer database with a user
interface that has been designed and intended to be used for submitting reports
electronically to the department.
(i) “Facility” means a fixed facility as defined
in (j), below, or a mobile facility as defined in (n) below, or any combination
thereof, depending on context.
(j)
“Fixed facility” means an identifiable geographic location where water
is withdrawn, treated, discharged, or otherwise used, whether at a single point
or a number of individual points, at a single parcel of real property or place
of business. For agricultural users, the
term includes farms.
(k)
“Incoming water” means water received at a facility through withdrawal
and transfers in to the facility.
(l)
“Intermittent water use” means a water use by a mobile facility for
time-limited but recurring activities, including but not limited to
construction or repair of roads, dust suppression, hydroseeding,
and filling pools.
(m)
“Limited water use” means a one-time incoming water or outgoing water
that exceeds 140,000 gallons in any 7-day period and occurs:
(1) Not more than 2 times in a rolling 12-month
period; and
(2) Not more than 4 times every 3 calendar years.
(n)
“Mobile facility” means a tanker truck or other container that is used
to transport water from one location to another.
(o)
“Non-contact cooling water” means water used to reduce temperature that
does not come into contact with a raw material, intermediate product, waste
product other than heat, or finished product.
(p)
“Outgoing water” means water leaving a facility through discharge and
transfers out of the facility.
(q)
“Reclaimed wastewater” means wastewater treatment plant effluent that
has been diverted for beneficial use instead of being directly discharged to
surface water or groundwater.
(r)
“Recycled water” means that volume of water that is re-circulated at a
fixed facility as part of one or more water-using processes.
(s)
“Snowmaking water user” means a person that uses water to make snow for
recreational purposes, including but not limited to downhill or cross-country
ski trails or slopes, freestyle terrain, tubing terrain, ski jumps, and trails
for snowmobiles or other off-highway recreational vehicles.
(t)
“Source” means either a groundwater or surface water supply subject to a
withdrawal by a water user, or a facility from which water is transferred to a
water user.
(u)
“Water user” means the owner of a facility where an average of more than
20,000 gallons of water per day is used in any 7-day period or 600,000 gallons
is used in any 30-day period.
(v)
“Well” means any conveyance used to capture or withdraw groundwater.
(w)
“Wellfield” means a combination of 2 or more
wells that supply water from the same aquifer where the horizontal distance
between any wellhead and at least one other wellhead does not exceed 100 feet.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
Env-Wq 2102.05 Summary of Requirements.
(a)
Each water user who is subject to this part shall register the use as
summarized in table 2102-2, below:
Table
2102-2: Type of Registration Required
Based On Type of Use
Type of Use |
Registration
Form Required |
Applicable
Rule |
When Due |
Agricultural |
Water Use
Registration |
Env-Wq 2102.25
& Env-Wq 2102.26 |
Within 30 days
of first commencing the use |
Intermittent |
Intermittent
Water Use Registration |
Env-Wq 2102.32 |
Within 30 days
of the first use of each calendar year |
Limited |
Limited Water
Use Registration and Report |
Env-Wq 2102.07 |
Within 30 days
of the use |
All others |
Water Use
Registration |
Env-Wq 2102.08 |
Within 30 days
of first commencing the use |
(b)
A facility that has several points of incoming water or outgoing water
at a single real property or place of business that share one or more common
sources or destinations, or both, shall be considered one water use.
(c)
Each facility shall be registered as one water use even if it has common
ownership with another facility that is required to be registered.
(d)
The water user shall measure or quantify water use:
(1) Pursuant to Env-Wq 2102.27, if an agriculture
water user;
(2) Pursuant to Env-Wq
2102.32, if the facility is a mobile facility that qualifies for an
intermittent registration under Env-Wq 2102.32(a)(1);
or
(3) Pursuant to Env-Wq 2102.10 through Env-Wq
2102.15, if not covered by (1) or (2), above.
(e)
The water user shall keep records and report water use:
(1) Pursuant to Env-Wq 2102.28 through Env-Wq
2102.31, if an agriculture water user;
(2) Pursuant to
Env-Wq 2102.32, if the facility is a mobile facility that qualifies for an
intermittent registration under Env-Wq 2102.32(a)(1);
or
(3) Pursuant to Env-Wq 2102.16 through Env-Wq
2102.19, if not covered by (1) or (2), above.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
Env-Wq 2102.06 Required Signatures and
Certifications.
(a)
Any person required to register a water use by submitting a completed
registration form shall sign and date the form as specified in (c), below.
(b)
If the water user is not the property owner, the property owner also shall
sign and date the registration form as specified in (c), below.
(c) The water user and property owner,
if other than the water user, shall sign as follows:
(1) If the water user or property owner is an
individual, the individual shall sign and date the form; and
(2) If the water user or property owner is an
entity, the entity shall authorize an individual to sign and date the form and
the authorized individual shall do so.
(d)
The signature(s) shall constitute certification by the signer(s) that:
(1) The information contained in or otherwise
submitted with the registration 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:
1. Denying
the registration;
2. Revoking any registration that was granted
based on the information; and
3. 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 for falsification in official matters, currently RSA 641; and
(3) The signer agrees to comply with all
applicable rules and all conditions of the registration, if issued.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
Env-Wq 2102.07 Registration for Limited
Water Uses.
(a)
Subject to (c) through (e), below, a water user whose water use is a
limited water use shall register and report the use within 30 days of the use
by submitting a completed Limited Water Uses Registration and Report form to
the department.
(b)
The water user shall provide the following information:
(1) The name, mailing address, and telephone
number of the water user and of the property owner, if other than the water
user;
(2) The location of the use, by street address
and municipality;
(3) If the water user is an entity, the name,
title, mailing address, and daytime telephone number of a contact person and
authorized signer and, if available, an e-mail address for the contact person;
(4) The purpose of the water use, such as filling
swimming pools, test pumping water wells, pressure testing pipes or tanks, or
materials cleanup in the case of spills;
(5) The source of the incoming water, by name of
the public water supplier or surface water body, as applicable, and the
location of the intake for the water use being registered by street and
municipality;
(6) The name, location, and type of each
destination of outgoing water, including location of discharge and name of the
receiving surface water body or wastewater treatment facility, if applicable;
and
(7) An estimate of the amount of incoming and
outgoing water, with a brief description of how the estimates were derived.
(c)
If the source of incoming water is a public water supply and the water
user or property owner is required to give
written notice to the supplier of water of the use and the notice contains or
is supplemented with all information required by (b), above, the water user may
submit a copy of the notice provided to the supplier of water in lieu of the
registration required by (b), above.
(d)
If the outgoing water is subject to a groundwater discharge permit
issued under Env-Wq 402, or under predecessor rules Env-Ws
1500, and the information required by (b), above, is included in the
information provided to the department pursuant to that permit, the water user
may submit a copy of the information otherwise provided in lieu of a separate
registration.
(e)
If the outgoing water is subject to a temporary surface discharge permit
issued under RSA 485-A:4 and RSA 485-A:13 and the
information required by (b), above, is included in the information provided to
the department pursuant to that permit, the water user may submit a copy of the
information otherwise provided in lieu of a separate registration.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.04)
Env-Wq 2102.08 Water Use Registration Form. A person whose water use is not agricultural,
limited, or intermittent shall provide the following information to the
department on or with a Water Use Registration form obtained from the
department:
(a)
Identification of the water user and the property owner, if other than
the water user, as follows:
(1) For an individual, the individual’s full
legal name;
(2) For a political subdivision, the political
subdivision’s name; and
(3) For any other entity, the entity’s name as
registered with the New Hampshire secretary of state;
(b)
The mailing address and daytime telephone number of the water user;
(c)
The name and location, by street address and municipality, of the
facility being registered;
(d)
If the water user is an entity, the name, title, and daytime telephone
number of a contact person and authorized signer and, if available, an e-mail
address for the contact person;
(e)
Each type or purpose of water use that constitutes more than 5,000
gallons or 10 percent of the total use, whichever is greater, including but not
limited to:
(1) Public water supply;
(2) Wastewater treatment;
(3) Commercial;
(4) Industrial;
(5) Institutional;
(6) Agricultural, such as field crop, greenhouse,
nursery, livestock, log spraying, or aquaculture if the overall water use does
not otherwise qualify as an agriculture water use;
(7) Non-agricultural irrigation, such as golf
course, athletic field, or landscape;
(8) Power production, such as biomass, fossil
fuel, geothermal, hydroelectric, or nuclear;
(9) Snowmaking;
(10) Mining;
(11) Dust control;
(12) Bottled water or bulk water; and
(13) Domestic sanitary use;
(f)
As applicable, the following additional descriptive information for each
use specified pursuant to (e), above:
(1) If domestic or sanitary use, the number of
each type of fixture and water-using appliance and the average number of
individuals served per day;
(2) If heating or cooling water, whether boiler
make-up, blowdown, contact, non-contact, or other,
with a brief description;
(3) If irrigation other than agricultural, the
number of acres irrigated and the type of irrigation system used, and for golf
courses, a written explanation of:
a.
The
number of sprinkler heads;
b.
The
make, model, and gallons per minute of each head;
c.
The
number of acres irrigated per head type;
d.
Where
on the course the heads are used, such as greens or driving range; and
e.
A
typical weekly irrigation schedule;
(4) The applicable North American Industry
Classification System (NAICS) code, if any;
(5) If hydroelectric, the following information:
a.
The
average operating head, in feet above the intake;
b.
The
average operating efficiency, in percent;
c.
The
minimum necessary operating flow, in cubic feet per second (cfs);
d.
The
maximum existing capacity, in kilowatts;
e.
The
maximum turbine design flow, in cfs; and
f.
The
minimum flow release necessary to comply with existing state and federal
operating permits or licenses, in cfs.
(6) Whether water is recycled and the percentage
that is recycled; and
(7) Whether wastewater is reclaimed and the
percentage that is reclaimed;
(g)
The estimated cumulative water use from all sources, in gallons, as
follows:
(1) The average daily water use by the facility;
(2) The estimated maximum daily water use by the
facility; and
(3) The estimated annual water use by the facility;
(h)
The type of permit or approval and the corresponding permit or
identification number for each state and federal permit or approval held by the
facility that pertains to water use, including but not limited to:
(1) Any federal National Pollutant Discharge
Elimination System permits;
(2) Any Federal Energy Regulatory Commission
permits issued pursuant to 18 CFR;
(3) Any public water supply approvals obtained
pursuant to Env-Wq 402, Env-Dw 405, Env-Dw 302, Env-Dw 303, or Env-Dw 305 or predecessor rules in Env-Ws
370, Env-Ws 372, Env-Ws
378, Env-Ws 379, or Env-Ws
389;
(4) Any groundwater discharge permit or
registration issued pursuant to Env-Wq 402 or predecessor rules in Env-Ws 1500;
(5) Any large groundwater withdrawal permits
issued pursuant to Env-Wq 403 or predecessor rules in Env-Ws
387 or Env-Ws 388;
(6) Any industrial pre-treatment permits; and
(7) Any §401 water quality certificate or state
or federal wetland permit stipulating water withdrawal amounts;
(i) For each source, the following information:
(1) Whether the source is groundwater, surface
water, a public water supplier, or another source, and:
a.
If
the source is a surface water or public water supplier, the name of the source;
b.
If
the source is groundwater, whether the well is drilled or dug and, if drilled,
whether into bedrock or into unconsolidated material; and
c.
If
the source is not surface water, groundwater, or a public water supplier, or is
not a drilled or dug well, a description of the source;
(2) The location of the access point for the
source, by street number and name and municipality;
(3) Whether the
source is used for all water uses and, if not, the specific uses this source
serves;
(4) How the amount of water withdrawn or
transferred from the source is measured and the unit of measure;
(5) Whether there is a permit limit on the amount
of water withdrawn or transferred from the source and, if so, what the limit
is, with the unit of measure included; and
(6) A statement of the maximum amount of water
the facility can physically withdraw or transfer from the source using the
present infrastructure at the facility, with the unit of measure included, and
a description of the facility’s physical limitations;
(j)
For each destination of water, the following information:
(1) The name and location by street and
municipality of the destination;
(2) How the amount of water discharged or
transferred is measured and the unit of measure;
(3) The destination of the water, such as:
a.
Discharged
to groundwater, surface water, a wastewater treatment facility, or a leach
field;
b.
Used
consumptively to make a product or for snowmaking or irrigation;
c.
Lost
to evaporation, for example from heating or cooling or both;
d.
Delivered
to another location, with the location identified; or
e.
Some
other destination, with an explanation; and
(4) Whether the facility has a permit limit on
the volume or rate of discharge or transfer and, if so, the average daily and
maximum daily discharge limits;
(5) The maximum amount of water that can be
physically discharged or transferred to each destination using the present
infrastructure at the facility, and a description of the physical factor(s)
that limits the amount of water for those activities;
(k)
A water use location map as specified in Env-Wq 2102.09; and
(l)
Other information as needed to clarify the timing, distribution, purpose(s),
or type(s) of water use.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.06)
Env-Wq 2102.09 Water Use Location Map. The water use location map required by Env-Wq
2102.08(k) shall be a topographic map that:
(a) Is at a scale of 1:25,000 metric
or 1:24,000 English, or at a scale that gives greater detail;
(b)
Depicts all data included on the most current version of the United States
Geological Survey topographic quadrangle map of the same geographical area;
(c) Identifies the location and boundaries of the
facility, each point of water withdrawal, and each point of water discharge;
and
(d)
Includes the quadrangle name, scale, date of last revision, and north
arrow.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.07)
Env-Wq 2102.10 Measurement of Volume of
Water Use Required.
(a)
Each water user that is not an agriculture water user, a limited water
user, or the owner of a mobile facility that qualifies for an intermittent
registration under Env-Wq 2102.32(a)(1) shall use the methods described in
Env-Wq 2102.11 through Env-Wq 2102.15 to measure or quantify:
(1) The monthly volume of withdrawal and
discharge for each registered source and destination, respectively;
(2) The 24-hour maximum volume for each month
reported, if available; and
(3) The monthly volume(s) of water transferred to
or from another facility.
(b)
Measuring devices and structures shall register and be calibrated for
the full flow range of the withdrawal, diversion, or discharge being measured.
(c)
Each individual withdrawal shall be measured separately from other
withdrawals at the facility, except that for individual wells registered as a wellfield, measurement of the combined withdrawal shall be
accepted.
(d)
Each individual discharge at a facility that exceeds 20,000 gallons per
day of water shall be measured separately from other discharges at the facility
except that the discharge may be reported based on the withdrawal volume if the
daily volume of the discharge equals at least 90 percent of the volume of the
corresponding withdrawal.
(e)
There shall be no turnouts or diversions between the source of water and
the measuring devices, except for faucets or other small outlets that have a de
minimis effect on the diversion or withdrawal.
(f)
In those cases where wells are authorized for the purpose of
supplementing surface waters with water from combined sources, both sources of
water shall be measured.
(g)
A water user shall implement water use measurement approaches which:
(1) Directly or indirectly record the total volume
of water pumped; and
(2) Can be used by the department to measure
water use when conducting an inspection of a facility.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.09)
Env-Wq 2102.11 Accuracy.
(a)
The method of measurement or quantification of water use shall be
accurate to within 10 percent.
(b)
If meters are not used, the water user shall:
(1) Document in detail the method employed for estimating
water use; and
(2) Demonstrate that the results satisfy the
accuracy requirement in (a), above.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.10)
Env-Wq 2102.12 Open Channel Flow Measuring
Devices.
(a)
When establishing stage-discharge relations for open channel measuring
devices or structures, the distribution of open channel flow measurements shall
be sufficient to establish a full range of values for the entire
stage-discharge relation.
(b)
Weirs used to make open channel measurements shall have a rating table,
as follows:
(1) For a weir of standardized design and
construction where a standard rating table is available, the standard rating
table shall be used; and
(2) If the weir is not of standardized design and
construction or a standard rating table is not available, the rating table
shall be developed specifically for the weir by a series of flow tests through
the expected range of operation.
(c)
A water user who produces hydroelectric power shall:
(1) Directly measure the volume of water which
flows through the turbines; or
(2) Determine water usage by measuring power production
and applying site specific conversion factors derived using the information
provided pursuant to Env-Wq 2102.08(f)(5).
(d)
The department shall accept methods
described in “Water Measurement Manual, A Water Resources Technical
Publication, A Guide to Effective Water Measurement Practices for Better Water
Management,” United States Department of
the Interior, Bureau of Reclamation, Third Edition, 1997, Revised Reprint 2001,
available on-line at no charge at http://www.usbr.gov/tsc/techreferences/mands/wmm/WMM_3rd_2001.pdf,
provided the accuracy requirements of Env-Wq 2102.11 are met.
(e)
If the measuring system has no continuous stage recorder, an observer shall
read the staff gauge and record the reading as close in time as practical
before and after changes in regulation of flow occur.
(f)
The measuring system shall be installed or constructed in accordance
with the specifications of the manufacturer or designer.
(g)
For open channel measuring devices:
(1) Measuring devices shall be operated and
maintained to ensure that the flow can be measured within the accuracy limits
specified in Env-Wq 2102.11; and
(2) Rating curves shall be recalculated as follows:
a.
At
least once per year; and
b. Whenever there is a
change in channel conditions that significantly alters flow across the control
such that the requirements for accuracy specified in Env-Wq 2102.11 are not
met.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.11)
Env-Wq 2102.13 Pipeflow
Measuring Devices.
(a)
Except for public water systems and agriculture water users, the following
measurement methods shall be used to measure water use associated with pipeflow:
(1) Flow meter(s) with a totalizer; or
(2) A time totalizer, provided water use occurs
at a constant flow rate.
(b)
In the case of intermittent artesian wells, the meter shall be installed
in a manner that will measure both pumped and flowing discharge.
(c)
A public water system serving 1,000 people or fewer shall meter all
withdrawals from each source in accordance with the applicable provisions of Env-Dw 405.
(d)
Public water systems serving more than 1,000 people shall meter all
withdrawals from individual sources in accordance with the applicable
provisions of Env-Dw 402.
(e)
All measuring devices shall be:
(1) Installed in accordance with manufacturer
specifications;
(2) Calibrated and maintained in accordance with
the specifications of the manufacturer; and
(3) Operated and maintained to ensure that the
flow can be measured within the accuracy requirements specified in Env-Wq
2102.11.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.12)
Env-Wq 2102.14 Equivalent Methods.
(a)
If the water user chooses to develop an alternate, equivalent method of
water measurement, the water user shall submit a written request and
documentation to the department to demonstrate that the equivalent method of
water measurement:
(1) Complies with the accuracy requirements
specified in Env-Wq 2102.11;
(2) Includes the measurement of water use in real
time; and
(3) Automatically records cumulative water use
for a minimum period of 30 days.
(b)
The documentation submitted pursuant to (a), above shall include the
following:
(1) The facility name and address;
(2) The name and daytime telephone number of the
owner of the facility and of the operator of the facility, if other than the
owner;
(3) The name and daytime telephone number of the
contact person for the facility and, if available, an e-mail address for the
contact person;
(4) The registered water user identification
number; and
(5) A complete description of all water uses or
users at the facility including:
a.
Each
water source and destination;
b.
A
flow chart of all water use through the facility that includes all water-using
processes and their receiving and sending connections; and
c.
A
description of how the water is used, including a description and a percent
estimate of the total volume of water used for each process or need.
(c)
If the department determines that the equivalent method of water
measurement meets the accuracy requirements of Env-Wq 2102.11, the department
shall approve the use of the method.
(d)
Snowmaking water users shall measure water use as required by RSA
488:4-a.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.13)
Env-Wq 2102.15 Frequency of Measurement.
(a)
Measurements of water use shall be made with sufficient frequency to
insure the accuracy of total water usage volumes required by Env-Wq 2102.11.
(b)
If water use for a facility is determined by multiplying a factor by run
time, run time in hours and minutes shall be recorded at the end of each period
of use.
(c) Manual measurement of flow over
weirs shall be made at least once in each calendar week, except that if the
weekly measurement varies by more than 25%, the minimum frequency shall be once
daily until such time as the flow variation over a week is less than 25%.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.14)
Env-Wq 2102.16 Record Keeping.
(a)
Each water user that is not an agriculture water user, a limited water
user, or the owner of a mobile facility that qualifies for an intermittent
registration under Env-Wq 2102.32(a)(1) shall maintain records in accordance
with this section.
(b)
Each water user that is subject to this section shall make an accurate
record of water use, including:
(1) All direct measurements;
(2) All calculations;
(3) Records demonstrating compliance with Env-Wq 2102.12(g) relative to open
channel measurements, if applicable; and
(4) Records demonstrating
compliance with Env-Wq 2102.13(e) relative to calibration, operation, and
maintenance of measuring devices.
(c)
Each water user that is subject to this section shall retain the records
specified in (b), above, for a minimum of 3 years from the date of the water
use to which the record relates.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.15)
Env-Wq 2102.17 Required Reporting.
(a)
Each water user that is not an agriculture water user, a limited water
user, or the owner of a mobile facility
that qualifies for an intermittent registration under Env-Wq 2102.32(a)(1)
shall report in accordance with this section.
(b)
Each water user that is subject to this section shall report the
information specified in Env-Wq 2102.18 to the department according to the
applicable schedule specified in Env-Wq 2102.19.
(c)
Each water user that is subject to this section shall report water use
information to the department using the electronic reporting system, unless the
required information is provided as specified in Env-Wq 2102.21 through Env-Wq
2102.24.
(d) The department shall provide each
water user with access to the electronic reporting system and the following
water user information as reflected in the department’s records:
(1) The name of the water user;
(2) The name and
mailing address of the facility;
(3) The location of the facility, including the
street name and town;
(4) The water user identification number;
(5) The method of measurement; and
(6) The name, title, and daytime telephone number
of the contact person and, if available, an e-mail address.
(e)
The water user shall verify or, if necessary, correct the water user
information provided pursuant to (d), above, as part of completing the
electronic report.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.16)
Env-Wq 2102.18 Information Reported. In addition to verifying the information
described in Env-Wq 2102.17(c), the water user shall provide the information
identified below to the department:
(a)
The monthly water use total, as required by Env-Wq 2102.10(a)(1), for
each registered source and destination, including the monthly volume(s) of
water transferred to or from another facility;
(b)
The monthly 24-hour maximum volume, as specified in Env-Wq 2102.10(a)(2), for each registered source and destination;
(c)
The units of measurement;
(d)
The method of measurement;
(e)
If water usage is determined based on power production, the amount of
power produced per month;
(f)
If the source is used for snowmaking, whether the reported monthly
totals include the amount of drainback, and the
percent of monthly withdrawal that is returned as drainback;
(g)
If water usage is determined based on a unit water use rate, the water
user’s process for determining the unit water use rate;
(h) Information demonstrating compliance Env-Wq
2102.12(g) relative to open channel measurements, if applicable; and
(i) Any changes in registration information or
water use that have occurred since the previous report, including but not
limited to:
(1) The addition of a new source or relocation or
abandonment of an existing source;
(2) The addition of a new destination or
relocation or abandonment of an existing destination;
(3) A facility expansion, modification, or
relocation;
(4) A change in method of measurement;
(5) Problems with measurement equipment; and
(6) An explanation of the conditions that
resulted in the changes noted under (1) through (5), above.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.17)
Env-Wq 2102.19 Method and Frequency of
Reporting.
(a)
Each water user that is not an agriculture water user, a limited water
user, or the owner of a mobile facility that qualifies for an intermittent
registration under Env-Wq 2102.32(a)(1) shall report to the department in
accordance with this section.
(b) Except as provided in (c), below, each water
user that is subject to this section shall submit the information required by
Env-Wq 2102.17(d) and Env-Wq 2102.18 to the department every 3 calendar months
within the first 45 calendar days following the reporting period.
(c)
The following water users shall submit the information required by
Env-Wq 2102.17(d) and Env-Wq 2102.18 to the department as specified in Table
2102-3, below:
Table 2102-3:
Reporting Schedule for Certain Water Users
Type of Water User |
Reporting Period |
Report Due |
Irrigator
other than agricultural water user |
Per growing
season or other period of use |
Annually, no
later than February 15 of the year following the calendar year in which the
use occurred |
Snowmaking |
Each
snowmaking season |
Annually, no
later than May 15 of the year in which the snowmaking season ends |
Hydroelectric
facility |
Calendar year
quarter |
Annually, no later
than February 15 of the year following the calendar year being reported |
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.18)
Env-Wq 2102.20 Trade Secrets and
Proprietary Information.
(a)
Water users who submit water use information pursuant to these rules who
believe the information constitutes trade secrets or confidential business
information (CBI) may request the information to be maintained as non-public
information, and so not subject to release under RSA 91-A, pursuant to Env-C 208.
(b)
Water users requesting that water use data be maintained as non-public
information pursuant to (a), above, shall provide the following information:
(1) Evidence that monthly water use data for the
facility could reasonably be used by others to reveal trade secrets or CBI; and
(2) A proposed alternative method to report water
use in a manner or frequency that will protect trade secrets or CBI while allowing
the underlying data to be made available to the public.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.19)
Env-Wq 2102.21 Public Water Suppliers. Any public water supplier that provides water
use data to the department under subtitle Env-Dw
shall be deemed to be in compliance with this part if the information being
provided includes the information required by Env-Wq 2102.18.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.20)
Env-Wq 2102.22 Dischargers to Surface
Waters.
(a)
Dischargers to surface waters shall include those persons whose discharge(s)
of water to a surface water body are regulated under the federal National
Pollutant Discharge Elimination System (NPDES).
(b)
Any discharger to surface waters that provides water use data to the
department pursuant to an NPDES permit shall be deemed to be in compliance with
this part if the information being provided includes the information required
by Env-Wq 2102.18.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.21)
Env-Wq 2102.23 Hydroelectric Power
Producers. Any producer of
hydroelectric power providing power production data to the New Hampshire public
utilities commission (PUC) who has provided a means of approximating the volume
of water used in that power production shall be deemed to be in compliance with
this part if:
(a)
The information being provided to the PUC includes the information
required by Env-Wq 2102.18; and
(b)
A copy of the information is provided to the department.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.22)
Env-Wq 2102.24 Discharges to Groundwater. Any discharger to groundwater that provides
water use data to the department under Env-Dw 404 or
Env-Wq 402 shall be deemed to be in compliance with this part if the
information provided includes the information required by Env-Wq 2102.18.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.23)
Env-Wq 2102.25 Agriculture Water Use
Registration. An agriculture water
user shall register a farm by providing the following information to the
department on a Water Use Registration form obtained from the department:
(a)
The information specified in Env-Wq 2102.08(a)-(d), (e)-(h) as
applicable, and (i)-(j);
(b)
The purpose of water use, including but not limited to:
(1) Irrigation and frost protection for crops;
(2) Greenhouse;
(3) Nursery;
(4) Livestock;
(5) Cleaning and processing products;
(6) Cleaning equipment and facilities;
(7) Aquaculture; and
(8) Forestry and lumbering operations;
(c)
A written explanation of:
(1) Irrigation methods used, including irrigation
types, such as travelling gun or linear move;
(2) Watering needs in inches based on crop type
and acres of each crop; and
(3) A typical watering schedule;
(d)
If use is for the irrigation or frost protection of field crops, an
estimate of the total acres irrigated or protected; and
(e)
Documentation of water use location as specified in Env-Wq 2102.26.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.24)
Env-Wq 2102.26 Documentation of Agriculture
Water Use Location.
(a) To
document the agriculture water use location, the agriculture water user shall
provide:
(1) A water use
location map as specified in Env-Wq 2102.09; or
(2) A recent aerial photograph of the property from
the USDA Farm Service Agency (FSA), National Agricultural Imagery Program
(NAIP), or other source that provides comparable or better quality and
resolution.
(b)
Any aerial photograph provided pursuant to (a), above, shall identify:
(1) The location of each water withdrawal and
discharge point; and
(2) The boundaries of contiguous areas of 5 or
more acres that are subject to irrigation.
(c)
Any aerial photograph provided pursuant to (a), above, shall include the
date of flight, the approximate scale of the image, and a north arrow.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.25)
Env-Wq 2102.27 Measurement of Volume of
Agriculture Water Use Required.
(a)
Each individual type of withdrawal or discharge for agriculture water
use that exceeds 20,000 gallons a day of water shall be measured separately
from other withdrawals or discharges at the farm unless a waiver is granted
under Env-Wq 2102.33.
(b)
The agriculture water user shall document in detail the method employed
for estimating water use.
(c)
The following measurement methods shall be acceptable:
(1) Estimating water use based on manufacturers
pump capacities;
(2) For livestock operations, average use
estimates based on Cooperative Extension formulas or generally accepted and
documented industry standards; or
(3) An equivalent method approved by the
department pursuant to Env-Wq 2102.14.
(d)
Water use measurements or quantification shall be accurate to within 10
percent.
Source. #9279, eff 9-24-08;
ss by #12135, eff
3-21-17(from Env-Wq 2102.26)
Env-Wq 2102.28 Record Keeping for Agriculture
Water Use. Each agriculture water
user shall maintain an accurate record of water use, including all direct
measurements and calculations, for 3 years.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.27)
Env-Wq 2102.29 Requirement for Agriculture
Water Use Reporting.
(a)
An agriculture water user shall report the information specified in
Env-Wq 2102.30 to the department according to the applicable schedule specified
in Env-Wq 2102.31.
(b)
An agriculture water user shall report water use information to the
department using the electronic reporting system unless the applicable data are
provided under Env-Wq 2102.21 through Env-Wq 2102.24.
(c)
The department shall provide each agriculture water user with access to
the electronic reporting system and the following water user information as
reflected in the department’s records:
(1) The name of the water user;
(2) The name and mailing address of the farm;
(3) The location of the farm, including the road
name and town;
(4) The water user identification number as
provided by the department;
(5) The method of measurement; and
(6) The name, title, and daytime telephone number
of the contact person and, if available, an e-mail address.
(d)
The agriculture water user shall verify or, if necessary, correct the
water user information provided pursuant to (c), above, as part of completing
the electronic report.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.28)
Env-Wq 2102.30 Information Reported for
Agriculture Water Use. In addition
to verifying the information described in Env-Wq 2102.29(c), the agriculture
water user shall provide the information identified below to the department:
(a)
The monthly volume of withdrawal and discharge for each registered
source and destination, respectively;
(b)
The monthly volume(s) of water transferred to or from another facility;
(c)
The units of measurement;
(d)
The method of measurement;
(e)
If water usage is determined based on a unit water use rate, the water
user’s process for determining the unit water use rate; and
(f)
Any changes in registration information or water use that have occurred
since the previous report, including but not limited to:
(1) The addition of a new source or relocation or
abandonment of an existing source;
(2) The addition of a new destination or relocation
or abandonment of an existing destination;
(3) A change in method of measurement; and
(4) An explanation of the conditions that
resulted in the changes under (1) through (3), above.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.29)
Env-Wq 2102.31 Method and Frequency of
Reporting of Agriculture Water Use.
The agriculture water user shall submit the information required by
Env-Wq 2102.29(c) and Env-Wq 2102.30 for the period beginning January 1 and
ending December 31 of each year to the department no later than February 15 of
the year immediately following the year being reported.
Source. #9279, eff 9-24-08;
ss by #12135, eff 3-21-17
(from Env-Wq 2102.30)
Env-Wq 2102.32 Intermittent Water Use
Registration and Reporting.
(a)
The owner of a mobile facility shall comply with:
(1) The requirements of this section if the use
is intermittent; or
(2) The requirements of Env-Wq 2102.08 through
Env-Wq 2102.24, if the use does not qualify as intermittent.
(b)
The owner of the mobile facility shall register water use within 30
calendar days of the first use of each calendar year by providing the following
information on an Intermittent Water Use Registration form obtained from the
department:
(1) The name and mailing address of the water
user, with the name as specified in Env-Wq 2102.08(a);
(2) If the water user is an individual, a daytime
telephone number including area code;
(3) If the mobile facility owner is not an
individual, the name, title, and daytime telephone number including area code
of a contact person and authorized signer for the owner and, if available, an
e-mail address;
(4) The year for which the registration is being
filed; and
(5) The county or counties in which the water
user anticipates working.
(c)
The owner of the mobile facility shall report intermittent water use by
providing the following information on an Intermittent Water Use Report form
obtained from the department:
(1) The information required by (b)(1)-(3), above;
(2) The start date and end date of the time
period covered by the report;
(3) If different uses occurred in the same
reporting period, a Specific Use Report as described in (d), below, for each
use; and
(4) If all uses in the reporting period are the
same, a Cumulative Use Report as described in (e), below.
(d)
The following information shall be provided for each intermittent water
use on a Specific Use Report:
(1) The purpose of the water use;
(2) The name of the municipality in which the
water use occurred;
(3) The location of the water use as described
by:
a.
Latitude
and longitude coordinates to within 25 feet of accuracy as determined by a land
surveyor or global positioning satellite receiver;
b.
The
physical street address by street number and name and municipality;
c. The names of the streets that cross at the
closest road intersection, the distance and direction of the use from the
intersection, and the distance to and pole number of the nearest utility pole;
or
d.
A
topographical map that shows road names and municipal boundaries, with the
location of the use clearly marked;
(4) The source for the use, described as
specified in Env-Wq 2102.08(i)(1)
and (2);
(5) The volume of water used, as determined by:
a.
The
volume of the tank multiplied by the number of times it was filled and emptied;
or
b. The methods described in Env-Wq 2102.10
through Env-Wq 2102.14; and
(6) The date or dates the water use occurred.
(e)
The following information shall be provided on a Cumulative Use Report:
(1) The purpose of the use and, for each
occurrence:
a.
The
date of the occurrence; and
b.
The
location of the water use as specified in (d)(3)a. or b., above;
(2) The source of the water, as specified in
Env-Wq 2102.08(i)(1) and
(2); and
(3) The total volume of water used in the
reporting period and the method by which the total volume was determined.
(f)
The water user shall submit the information required by (c) or (d),
above, as applicable:
(1) Within 15 calendar days after the last day of
each calendar month in which an intermittent use occurred; and
(2) In a manner that allows total water use for
each calendar month to be determined.
Source. #9279, eff 9-24-08;
ss by #12135, eff
3-21-17(from Env-Wq 2102.31)
Env-Wq 2102.33 Waivers.
(a)
Any person requesting a waiver to a requirement established in this part
shall submit the following information in writing to the department:
(1) A description of the facility and water use
to which the waiver request relates;
(2) A specific reference to the section of the
rule for which a waiver is being sought;
(3) A full explanation of why a waiver is being
requested, including an explanation of the economic and operational
consequences of complying with the rule as written;
(4) A full explanation, with supporting data, of
the alternatives that will be implemented in lieu of the requirement if a
waiver is granted, if any;
(5) Whether the waiver is needed for a limited
duration, and if so, an estimate of when the waiver will no longer be needed;
and
(6) A full explanation of how granting a waiver
would meet the criteria stated in (b), below.
(b)
The department shall grant a waiver if it determines that:
(1) The intent of RSA 488 will be met;
(2) The waiver will result in water use
information that is at least equivalent to the information that would be
generated by complying with the rules as written; and
(3) Granting the waiver will not result in a
statutory requirement being waived.
(c)
In granting the waiver, the department shall impose such conditions,
including time limitations, as the department deems necessary to ensure that
the criteria specified in (b), above, are met.
(d)
The department shall issue a written response to the water user within
30 business days of receipt of a complete request. If the waiver is denied, the department’s
response shall specify the reason(s) for the denial.
(e)
No waiver shall be granted to any requirement specified in statute
unless the statute expressly allows such requirement to be waived.
Source. #12135, eff 3-21-17 (from Env-Wq 2102.32)
Appendix A: Incorporation by
Reference Information
Rule
Section(s) |
Title |
Dated |
Obtain at: |
Env-Wq
2101.06(b)(2) Env-Wq 2101.19(c)(2)b. |
Manual of Water Supply Practices, Water Meters - Selection,
Installation, Testing, and Maintenance, AWWA M6 |
2012 |
American Water Works Association |
Env-Wq
2101.07(a) Env-Wq 2101.08(a) Env-Wq 2101.09(a)(1) Env-Wq 2101.16(a)(1), (2) Env-Wq 2101.24(b) |
Manual of Water Supply Practices, Water Audits and Loss Control
Programs, AWWA M36 |
2009 |
American Water Works Association |
Appendix B
Rule Section(s) |
State Statute(s) Implemented |
|
|
Env-Wq 2101
(see additional statutes for specific sections listed below) |
RSA 485:61;
RSA 485:3, XII |
Env-Wq 2101.08 |
RSA 485:3,
XIII(c) |
Env-Wq 2101.22 |
RSA 541-A:22,
IV |
Env-Wq 2101.23 |
RSA 485:3,
XIII(b) |
|
|
Env-Wq 2102.01
|
RSA 488:1 |
Env-Wq 2102.02 |
RSA 488:3; 9; & 11 |
Env-Wq 2102.03
- 2102.04 |
RSA 488:2 |
Env-Wq 2102.05 |
RSA 488:3; 4; 4-a; & 6 |
Env-Wq 2102.06
- 2102.09 |
RSA 488:3; 5; 6; & 9, VII |
Env-Wq 2102.10
- 2102.15 |
RSA 488:4; 4-a; & 9, III, IV, & VII |
Env-Wq 2102.16
- 2102.26 |
RSA 488:3; 6; & 9, VII |
Env-Wq 2102.27 |
RSA 488:4; 4-a; & 9, III |
Env-Wq 2102.28 |
RSA 488:3; 4; & 6 |
Env-Wq 2102.29
- 2102.32 |
RSA 488:6 |
Env-Wq 2102.33 |
RSA 541-A:22, IV |
Appendix C:
Statutory Definitions
RSA 485:1-a:
XII.
“Operator” means the individual who has direct management responsibility for
the routine supervision and operation of a public water system or of a water
treatment plant or collection, treatment, storage, or distribution facility or
structure that is a part of a system.
XIII.
“Person” means any individual, partnership, company, public or private
corporation, political subdivision or agency of the state, department, agency
or instrumentality of the
XIV-a. “Privately
owned redistribution system” means a system for the provision of piped water
for human consumption which does not meet the definition of public water system
under paragraph XV, and meets all the following criteria:
(1) obtains all of its water from, but is not
owned or operated by, a public water system;
(2) serves a population of at least 25 people, 10 household units, or
15 service connections, whichever is fewest, for at least 60 days per year; and
(3) has exterior pumping facilities, not including facilities used to reduce
pressure, or exterior storage facilities which are not part of building
plumbing.
XV. “Public water system” means
a system for the provision to the public of piped water for human consumption, if
such system has at least 15 service connections or regularly serves an average
of at least 25 individuals daily at least 60 days out of the year. Such term
includes (1) any collection, treatment, storage, and distribution facilities
under control of the operator of such system and used primarily in connection
with such system, and (2) any collection or pretreatment storage facilities not
under such control which are used primarily in connection with such system. Any
water system which meets all of the following conditions is not a public water
system:
(a)
Consists only of distribution and storage facilities (and does not have any
collection and treatment facilities);
(b)
Obtains all of its water from, but is not owned or operated by, a public water
system; and
(c)
Does not sell water to any person.
XVI. “Supplier of water” means any person who
controls, owns or generally manages a public water system.
XIX. “Water conservation” means any
beneficial reduction in water losses, waste, or use.
RSA 485-A:2:
XIV. “Surface waters of the state” means
perennial and seasonal streams, lakes, ponds, and tidal waters within the
jurisdiction of the state, including all streams, lakes, or ponds bordering on
the state, marshes, water courses, and other bodies of water, natural or
artificial.
RSA 485-C:2:
VIII. “Groundwater” means subsurface water
that occurs beneath the water table in soils and geologic formations.
IX-a. “Large groundwater
withdrawal” means any withdrawal from groundwater of 57,600 gallons or more of
water in any 24-hour period at a single property or place of business except
withdrawals associated with short-term use.
RSA 485:61 Rules for Water
Conservation.
I.
The department shall adopt rules, pursuant to RSA 541-A, for water conservation
practices for water users. These rules shall strike a reasonable balance
between environmental, energy, and economic impacts and be consistent with
current industry standards and practices for different types of water users.
II. The water conservation rules in
paragraph I of this section shall apply to all new permit applicants and
applications for water withdrawals subject to the provisions of RSA 485:3, RSA
485:48, RSA 485-C:21 and section 401 of the Clean Water Act.
III. Water conservation rules shall be
consistent with applicable state or federal rules and regulations.
RSA 488:2
III. “Discharge” means the return of
water to the environment.
IV. “Groundwater” means subsurface
water that occurs beneath the water table in soils and geologic formations.
V. “Person” means any individual,
partnership, company, public or private corporation, political subdivision or
agency of the state, department, agency or instrumentality of the United
States, or any other legal entity.
VI. “Surface waters” means any lake,
pond, river, stream, wetland, or tidal waters.
VII. “Transfer” means any conveyance
of water from one real property or place of business to another or incorporation
into a product for subsequent distribution.
VIII. “Withdrawal” means the removal
or collection of water by pumping or gravity from surface water or groundwater.