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RSA 485-C:4 · Rulemaking

Title
L: WATER MANAGEMENT AND PROTECTION
Chapter
485-C · GROUNDWATER PROTECTION ACT
Status
current
Official source linked
Yes
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485-C:4 Rulemaking. – The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

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I.

Criteria and procedures for delineating classes of groundwater.

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II.

Criteria and procedures for reclassifying groundwater under RSA 485-C:9, II.

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III.

Ambient groundwater quality standards as provided under RSA 485-C:6.

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IV.

Criteria and procedures for conducting and maintaining inventories of potential contamination sources and managing potential contamination sources under RSA 485-C:8.

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V.

Criteria and procedures for the issuance of groundwater release detection permits as provided under RSA 485-C:13.

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VI.

Fees for groundwater release detection permits required under RSA 485-C:13.

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VII.

Best management practices as provided under RSA 485-C:11, except those practices for agricultural operations and pesticide use, and rulemaking relative to such practices, shall be developed, administered and enforced by the New Hampshire department of agriculture, markets, and food.

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VIII.

Criteria and procedures for the investigation, management, and remediation of contaminated groundwater. Such rules shall include:

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(a)

The creation of regulated zones of contaminated groundwater and the issuance of permits or similar procedures for the remediation of such zones.

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(b)

The establishment of soil remediation standards for protection of groundwater quality and human health.

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(c)

With respect to contamination in excess of an AGQS, a requirement that a person who is liable for or has otherwise caused or contributed to such contamination provide safe alternate water to any impacted well owner.

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IX.

Criteria and procedures for the notification of owners of affected properties and for the recordation of permits governing groundwater management zones designated by the department in the registry of deeds for affected properties.

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X.

Criteria and procedures for the imposition of groundwater use restrictions relative to groundwater management zones.

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XI.

Criteria and procedures for accepting adopted municipal land use controls in lieu of recordation requirements.

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XII.

All new groundwater withdrawals of 57,600 gallons or more in any 24-hour period. Such rules shall include:

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(a)

Criteria and procedures for requiring persons to identify and address impacts of withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the potential impact area of the proposed withdrawal as defined in RSA 485-C:21, V-e.

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(b)

Requirements relative to conservation management plans which demonstrate the need for the proposed withdrawals, to be submitted by the persons seeking approval for a withdrawal.

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(c)

Procedures by which the department may deny permission for withdrawals or order the applicant to provide a response policy, as provided by department rules, for provision of alternative water supply at no initial capital cost to persons whose wells are adversely affected by the proposed withdrawal or order reduced withdrawals if hydrogeologic data indicate that water-related resources are being adversely affected by the withdrawals. Source. 1991, 344:1. 1995, 130:4. 1996, 228:110; 266:12. 1998, 124:2. 2006, 322:3, eff. Aug. 21, 2006. 2022, 326:2, eff. July 8, 2022.

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Source note

Source. 1991, 344:1. 1995, 130:4. 1996, 228:110; 266:12. 1998, 124:2. 2006, 322:3, eff. Aug. 21, 2006. 2022, 326:2, eff. July 8, 2022.

Source history

  • 1991, 344:1
  • 1995, 130:4
  • 1996, 228:110; 266:12
  • 1998, 124:2
  • 2006, 322:3, eff. Aug. 21, 2006
  • 2022, 326:2, eff. July 8, 2022

Related materials

Bill relationships

  • 2026 HB1120 reference

    y and fall under the jurisdiction of local planning boards. This provision shall not apply to community water systems or large groundwater withdrawals regulated under RSA 485 and RSA 485-C. (q) Include provisions to ensure there is an adequate water quantity to support existing, proposed, and reasonably anticipated future land and associated water uses, and to ensure the protection of water-dependent na

  • 2026 HB1141 reference

    lic hearings, or, where a public hearing is not required, a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, [RSA 12-E,] RSA 270:12, RSA 482, RSA 482-A, except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used

  • 2026 HB1141-FN reference

    lic hearings, or, where a public hearing is not required, a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, [RSA 12-E,] RSA 270:12, RSA 482, RSA 482-A, except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on land used

  • 2026 HB1275 add

    for PFAS in biosolids at land-application sites. Such standards shall be set for those PFAS compounds for which an ambient groundwater quality standard has been established under RSA 485-C. Such rulemaking shall include requirements for PFAS soil testing at land-application sites. Beginning January 1, 2028, land application shall not occur if biosolid or soil PFAS concentrations exceed the applicable st

  • 2026 HB1389 add

    entrations in groundwater or surface water of 500 parts per trillion or greater of PFAS compounds for which ambient groundwater quality standards have been established pursuant to RSA 485-C, or who owned or operated a PFAS facility at the time of such a release, shall be subject to the provisions of federal regulations in 40 CFR 265.111 and 265.114. Such provisions shall apply to the closure, removal from

  • 2026 HB1607 amend

    d by the Senate and House of Representatives in General Court convened: 1 New Section; Groundwater Contamination; Storage and Management of Snow Ice Control Chemicals. Amend RSA 485-C by inserting after section 8 the following new section: 485:C-8-a Storage and Management of Snow Ice Control Chemicals. I. No person shall store sodium chloride, calcium chloride, magnesium chloride, or salt treat

  • 2026 HB1607-FN amend

    d by the Senate and House of Representatives in General Court convened: 1 New Section; Groundwater Contamination; Storage and Management of Snow Ice Control Chemicals. Amend RSA 485-C by inserting after section 8 the following new section: 485:C-8-a Storage and Management of Snow Ice Control Chemicals. I. No person shall store sodium chloride, calcium chloride, magnesium chloride, or salt treat

  • 2026 SB527 reference

    where a public hearing is not required, shall ensure that a copy of the application for issuance of a permit, certificate, or license within the designated river or corridor under RSA 485-C, RSA 485-A, RSA 483-B, RSA 12-E, RSA 270:12, RSA 482, RSA 482-A is provided, except notifications for minimum impact activities under RSA 482-A:3, V and XII and for routine roadway maintenance under RSA 482-A:3, XVI on

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