TITLE L
WATER MANAGEMENT AND PROTECTION

CHAPTER 485
NEW HAMPSHIRE SAFE DRINKING WATER ACT

Public Water Supply Protection Program

Section 485:8

    485:8 Approval of Construction Plans. –
I. No person, proposing to supply water for domestic uses through a public water system or privately owned redistribution system, shall construct any new system, or enlarge any existing system, for supplying water to the public without first submitting detailed plans of the proposed construction to the department and securing its approval of such plans. The department shall examine the topography and the watershed, complete an engineering review of the plans and specifications for said proposed construction, and make chemical and bacteriological analysis of the waters of the proposed supply, before approval is granted. The requirements of this paragraph shall only apply to privately owned redistribution systems if the construction or enlargement of an existing system involves more than 500 feet of new installation of distribution piping or the addition of any new exterior pumping or water storage facility. Any review of plans for a privately owned redistribution system shall be completed within 30 days of the submission of such plans.
II. No new construction, addition, or alteration involving the source, treatment, distribution, or storage of water in any public water system or privately owned redistribution system shall be commenced until the plans and specifications have been submitted to and approved in accordance with rules adopted by the department; except, if such construction, addition, or alteration is exempted by the department because it will have no effect on public health or welfare, then such submission and approval is not required. In granting approval of plans and specifications, the department may require modifications, conditions, or procedures to ensure, as far as feasible, the protection of the public health. The department may require the submission of water samples for analysis to determine the extent of treatment required. Records of construction, including, where possible, plans and descriptions of existing public water systems and privately owned redistribution systems, shall be maintained by such systems and shall be made available to the department upon request. The requirements of this paragraph shall only apply to privately owned redistribution systems if the construction, addition, or alteration of an existing system involves more than 500 feet of new installation of distribution piping or the addition of any new exterior pumping or water storage facility. Any review of plans for a privately owned redistribution system shall be completed within 30 days of the submission of such plans.
III. Any person submitting detailed plans to the department, as provided in this section, for a new public water system, or an existing public water system where conversion from transient use to residential-type use is proposed, shall pay to the department a fee of $45 per residential unit. When usage cannot be apportioned by residential units at new public water systems, the fee shall be based on the flow proportioned equivalent to that of a single family residential unit. The commissioner shall adopt rules pursuant to RSA 541-A defining flow proportioned equivalency.
IV. The fees required under paragraph III shall be for reviewing such detailed plans and making site inspections as may be necessary. The fee shall be paid at the time said detailed plans are submitted and shall be deposited with the state treasurer as unrestricted revenue. The department shall establish by rule, adopted pursuant to RSA 541-A, a minimum threshold below which no fee is required and a maximum level above which the fee will not increase.
V. Any person proposing to install new public sewerage or sewage treatment facilities, or to extend, renovate, replace or substantially repair any such existing facilities, shall submit, at least 30 days in advance of construction, detailed plans and specifications for such facilities to the department and secure its approval of such plans and specifications. The foregoing provisions shall also be applicable to any institution accommodating 30 or more people, which provides its own sewage disposal facilities.

Source. 1989, 339:1. 1996, 228:70, 106. 2008, 279:5, eff. July 1, 2009.