SB158: relative to review of activities affecting surface waters.

CHAPTER 337

SB 158 – FINAL VERSION

01/17/08 0010s

23Apr2008… 1307h

06/05/08 2044eba

2008 SESSION

07-1274

06/10

SENATE BILL 158

AN ACT relative to review of activities affecting surface waters.

SPONSORS: Sen. Cilley, Dist 6; Sen. Hassan, Dist 23; Sen. Burling, Dist 5; Sen. Barnes, Dist 17; Sen. Reynolds, Dist 2; Rep. Moody, Rock 12; Rep. Bettencourt, Rock 4; Rep. C. Christensen, Hills 19; Rep. DeChane, Straf 3; Rep. Tupper, Merr 6

COMMITTEE: Energy, Environment and Economic Development

ANALYSIS

This bill requires the department of environmental services to certify that certain activities that result in discharge to or withdrawal from surface waters comply with New Hampshire water quality standards.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/17/08 0010s

23Apr2008… 1307h

06/05/08 2044eba

07-1274

06/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to review of activities affecting surface waters.

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

337:1 Purpose. This act provides for technical review and certification of proposed activities affecting surface waters to ensure that water quality standards appropriate to the legislative classification of the waters are attained. The act makes New Hampshire statutes consistent with section 401 of the Clean Water Act for activities requiring federal permits or licenses, and extends the review to activities requiring registration under RSA 488:3.

337:2 New Paragraphs; Enforcement of Classification. Amend RSA 485-A:12 by inserting after paragraph II the following new paragraphs:

III. No activity, including construction and operation of facilities, that requires certification under section 401 of the Clean Water Act and that may result in a discharge, as that term is applied under section 401 of the Clean Water Act, to surface waters of the state may commence unless the department certifies that any such discharge complies with the state surface water quality standards applicable to the classification for the receiving surface water body. The department shall provide its response to a request for certification to the federal agency or authority responsible for issuing the license, permit, or registration that requires the certification under section 401 of the Clean Water Act. Certification shall include any conditions on, modifications to, or monitoring of the proposed activity necessary to provide assurance that the proposed discharge complies with applicable surface water quality standards. The department may enforce compliance with any such conditions, modifications, or monitoring requirements as provided in RSA 485-A:22.

IV. No activity that involves water withdrawal or diversion of surface water that requires registration under RSA 488:3, that does not otherwise require the certification required under paragraph III, and which was not in active operation as of the effective date of this paragraph, may commence unless the department certifies that the withdrawal or diversion complies with state surface water quality standards applicable to the classification for the surface water body. The certification shall include any conditions on, modifications to, or monitoring of the proposed activity necessary to provide reasonable assurance that the proposed activity complies with applicable surface water quality standards. The department may enforce compliance with any such conditions, modifications, or monitoring requirements as provided in RSA 485-A:22.

337:3 New Paragraph; Rulemaking. Amend RSA 485-A:6 by inserting after paragraph VI the following new paragraph:

VI-a. Procedures and criteria for requesting, reviewing, and granting certifications under RSA 485-A:12, III and IV.

337:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 7, 2008

Effective Date: September 5, 2008