SB240: (New Title) relative to the monitoring and treatment of contaminated wells.

SB 240-FN-LOCAL - AS AMENDED BY THE SENATE

03/16/2017 0807s

02/01/2018 0154s

2017 SESSION

17-0926

08/10

SENATE BILL 240-FN-LOCAL

AN ACT relative to the monitoring and treatment of contaminated wells.

SPONSORS: Sen. Innis, Dist 24; Sen. Bradley, Dist 3; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Rep. Messmer, Rock. 24; Rep. Cushing, Rock. 21; Rep. Malloy, Rock. 23; Rep. H. Marsh, Rock. 22; Rep. Bean, Rock. 21

COMMITTEE: Public and Municipal Affairs

AMENDED ANALYSIS

This bill requires routine testing of wells if certain contaminants are found.

This bill also requires that if the source of the contaminants is identified, the responsible party shall either treat the water or provide an alternative source of drinkable water.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/16/2017 0807s

02/01/2018 0154s 17-0926

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to the monitoring and treatment of contaminated wells.

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

1 New Section; Groundwater Protection Act; Contaminated Wells; Monitoring. Amend RSA 485-C by inserting after section 6-b the following new section:

485-C:6-c Contaminated Wells; Monitoring. Upon receiving information that a drinking water well that is not a source for a public water system exhibits the presence of a man-made contaminant, other than road salt, but the concentration does not exceed an existing ambient groundwater quality standard, the department shall determine if the contaminant is increasing in the well by primarily measuring the contaminants in the well and comparing such measurements to any previous measurements, and therefore, should be monitored and whether it is possible to identify the source of the contaminant. If a responsible party is identified as the source of the contaminant and the department determines monitoring is warranted, the department shall require the responsible party to monitor the contamination at a frequency sufficient to provide advance warning of any exceedance of the standard. If the department determines that monitoring trends or other available information reasonably suggest that the concentration of the contaminant in the well is likely to exceed the ambient groundwater quality standard prior to the next scheduled monitoring date, the responsible party shall provide treatment or an alternative supply of drinking water that meets all applicable standards and is approved by the department.

2 Effective Date. This act shall take effect upon its passage.

LBAO

17-0926

Amended 2/9/18

SB 240-FN-LOCAL- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2018-0154s)

AN ACT relative to the monitoring and treatment of contaminated wells.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

Appropriation

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Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

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LOCAL:

Revenue

$0

$0

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Expenditures

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METHODOLOGY:

This bill would require the Department of Environmental Services to investigate when a man-made contaminant is detected in a private drinking water supply well even if the concentration detected is below ambient groundwater quality standards. The Department would be required to sample multiple times to assess concentration trends and identify the source of contamination if possible. If a responsible party is identified, the party would be required to sample the water at a frequency determined by the Department. The responsible party would provide treatment or an alternate water supply if the Department determined the contaminant concentration is likely to exceed ambient groundwater quality standards.

The Department of Environmental Services indicates it would expend additional resources to sample wells, analyze water quality and assess concentration trends for contaminants in private wells. Such resources would include program staff, sampling supplies and laboratory analytical costs. In addition, the Department would be required to identify the source of contamination, the responsible party when possible, and administer a program for responsible parties to sample the private wells at a frequency specified by the Department. The Department would require the responsible party to provide alternate water or install treatment if the contamination is likely to exceed the ambient groundwater quality standards. The Department indicates this requirement is consistent with current practice and will not result in additional costs.

The Department assumes state, county and local expenditures would increase as all three levels of government operate facilities that are potential sources of contamination such as landfills, septic systems, wastewater treatment facilities, and operation and maintenance facilities. The Department states the fiscal impact is indeterminable because the number of private wells with detectable levels of man-made contaminants is not known. The Department anticipates the number of wells could be large since environmental laboratories now achieve extremely low detection limits for analysis of drinking water.

AGENCIES CONTACTED:

Department of Environmental Services