SB19: (New Title) relative to notification of groundwater contamination and requiring a certain report from the department of environmental services.

CHAPTER 101

SB 19-FN – FINAL VERSION

03/13/03 0206s

03/13/03 0688s

22Jan2004… 2426h

2004 SESSION

03-0293

06/10

SENATE BILL 19-FN

AN ACT relative to notification of groundwater contamination and requiring a certain report from the department of environmental services.

SPONSORS: Sen. Prescott, Dist 23; Rep. Letourneau, Rock 77

COMMITTEE: Environment

AMENDED ANALYSIS

This bill requires notification of certain property owners, public water suppliers, and health officers when groundwater contamination is discovered and requires a report from the commissioner of the department of environmental services relative to the department’s plan to opt out of the MTBE gasoline additive program.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/03 0206s

03/13/03 0688s

22Jan2004… 2426h

03-0293

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to notification of groundwater contamination and requiring a certain report from the department of environmental services.

Be it Enacted by the Senate and House of Representatives in General Court convened:

101:1 New Section; Notification of Groundwater Contamination Required. Amend RSA 485-C by inserting after section 14-a the following new section:

485-C:14-b Notification of Groundwater Contamination Required.

I. Upon the discovery of groundwater contamination where one or more regulated chemical or radiological contaminants exceeds ambient groundwater quality standards, the commissioner shall provide notification of the presence of the contamination to the following:

(a) The owners of all property which contains a water supply well and is within 500 horizontal feet of the well where the contamination is discovered.

(b) Public water suppliers, when the groundwater contamination falls within the wellhead protection area of the public water supply.

(c) The health officer of any municipality which contains property being notified.

II. Notification shall be made in writing within 45 days after the department receives analytical data indicating the presence of the contamination. Each property owner or public water supplier shall be notified at least once upon the discovery of contamination in an area. The commissioner shall provide the notification and shall provide additional notification as the extent of contamination at a site is further determined and remediation occurs.

101:2 Department of Environmental Services Report; MTBE. The commissioner of the department of environmental services shall report to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library by July 1, 2004 relative to the status of department’s plan to opt out of the MTBE additive to gasoline program by January 1, 2004, pursuant to RSA 485:16-b.

101:3 Applicability. Section 1 of this act shall apply only to groundwater contamination discovered on or after the effective date of this act.

101:4 Effective Date. This act shall take effect upon its passage.

(Approved: May 17, 2004)

(Effective Date: May 17, 2004)