reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:41 - Rulemaking; Duties of the Commissioner.

485-A:41 Rulemaking;  Duties of the Commissioner. –
The commissioner shall:
I. Exercise general supervision over the administration and enforcement of this subdivision.
II. Employ necessary personnel.
III. Prohibit construction of systems which would pollute the surface waters or groundwaters of the state, until an acceptable and practicable method exists which will prevent the pollution.
IV. Adopt rules, pursuant to RSA 541-A and after public hearing, relative to the implementation of this subdivision. The commissioner shall adopt rules relative to the circumstances under which the commissioner may grant a waiver of any rule, except that no waivers of rules relating to site loading or set-back distances to ground or surface waters shall be allowed for sewage or waste disposal systems on lots in subdivisions created after September 1, 1989. A waiver must be consistent with the intent of this subdivision and have a just result.
V. Adopt rules relative to the application for and granting of permits by rule for repair or replacement of certain sewage or waste disposal systems under RSA 485-A:33, IV.
Source.
1989, 339:1. 1996, 228:82, 110. 2012, 174:3, eff. June 11, 2012. 2023, 123:3, eff. Aug. 29, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:42 - Enforcement.

485-A:42 Enforcement. –
I. (a) The department may issue an order to any person in violation of this chapter, of rules adopted under this chapter, or of any condition of a permit issued under this chapter.
(b) The department may require such remedial measures as are necessary to correct the violation.
(c) Such order may be appealed in accordance with RSA 21-O:14.
II. The written order issued under the provisions of paragraph I shall be recorded by the department in the registry of deeds for the county in which the property is situated and, upon recordation, the order shall run with the land; provided, however, that an appropriate description of the land involved including the accurate name of the land's owner shall be incorporated in the order. No fee shall be charged for recording such an administrative order; however, the fee for discharge of any such order shall be the same as for the discharge of a real estate lien.
III. Upon certification by the department, local officials are hereby authorized and fully empowered to exercise concurrent jurisdiction in the enforcement of this subdivision.
Source.
1989, 339:1. 1996, 228:83, 106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:44 - Injunction to Enforce.

485-A:44 Injunction to Enforce. –
I. On application of the department, the superior court or any justice of the court, in term time or in vacation, may enjoin any act in violation of this subdivision.
II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this subdivision. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such action as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or, as of right, dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.
Source.
1989, 339:1. 1991, 340:5. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:44-a - Repealed by 2019, 30:3, eff. Nov. 20, 2020.

485-A:44-a Repealed by 2019, 30:3, eff. Nov. 20, 2020. –
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:46 - Existing Disposal Systems.

485-A:46 Existing Disposal Systems. –
Any future payments due from a municipality which has undertaken construction (or engaged in engineering study, planning or design), as outlined in RSA 485-A:45, since July 1, 1947, to pay for such construction, study, planning, or design, and the facility involved is acquired by the department, shall automatically become the obligation of the state, including engineering services and contract costs. With respect to payments for engineering services and contract costs in connection with contracts entered into after July 1, 1967, it is the intention of this section to obligate the state only if the contract giving rise to such obligations has been entered into pursuant to the provisions of RSA 485-A:4, XII.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:47 - Administration.

485-A:47 Administration. –
To administer the provisions of this chapter and to perform such other related duties as may be required, the department of environmental services is designated as the agency to receive and utilize any federal or other aids which may at any time be made available in the interest of water pollution control in the basin. The department is empowered to hire consulting engineering firms for purposes of project design and to employ such professional, technical, clerical, accounting, or other staff or consulting personnel as are required to implement the provisions of this subdivision and to arrange for the orderly transfer of ownership and operation of existing pollution abatement facilities to the department on behalf of the state of New Hampshire within the limits of legislative appropriations. Any personnel (other than consultants) employed by the department shall be subject to the personnel laws of the state. This subdivision shall in no way impair or render null and void existing contracts between municipalities, contractors or other parties, or any of them, in connection with pollution control projects or sewerage, sewage or waste service contracts within the basin. Nothing in this subdivision shall be construed as prohibiting future sewerage or waste service contracts otherwise authorized by law between municipalities directly connected to the regional facilities provided for by this subdivision and other persons, including but not limited to municipalities, served or to be served by such facilities but not directly connected to such facilities. All such future contracts, however, shall be submitted at least 60 days in advance of their effective dates to the department, which is empowered to disapprove the terms of any such future contract in whole or in part when in its judgment the efficient administration or the purposes of this subdivision would be adversely affected, and such contract shall not be valid to the extent it is disapproved. In any such contract, unless otherwise specifically provided in the contract, the person or persons served by such regional facility but not directly connected to such facility shall have strict responsibility for the accurate measurement of the amount of sewage or waste disposed of by such person or persons and shall be liable to the municipality directly connected to such regional facilities for the entire amount of sewage or waste, as measured, if any inaccuracy is in favor of such municipality, and for the actual amount of sewage or waste, as estimated, if any inaccuracy is in favor of such person or persons. The commissioner is authorized to adopt, pursuant to RSA 541-A and after public hearing, such rules as are necessary to implement the provisions of this subdivision.
Source.
1989, 339:1. 1996, 228:84, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:48 - Application of the Statutes.

485-A:48 Application of the Statutes. –
All present powers, duties and functions conferred upon municipalities within the basin in connection with the planning, construction, financing and operation of sewage or waste treatment facilities (excepting common sewers and other collector facilities considered ineligible for state grants under the provisions of RSA 486), or both, as are contained in RSA 485, 485-A, 149-I and applicable statutes, are transferred to the department. Personnel of municipalities engaged in the operation of sewage or waste treatment facilities, or both, as referred to in this subdivision, shall be given an opportunity to become employees of the department (with all benefits previously accrued) upon the effective date of the transfer of the municipal sewage or waste treatment facilities, or both, to the department. In no case shall personnel accepting state employment, as provided under this subdivision, be paid less than the salary paid such individuals as of January 1, 1973, nor shall they suffer a loss or reduction in benefits associated with tenure of service. It shall be the responsibility of the municipality previously employing the individual to supplement such state of New Hampshire benefits if they are less than the employee might have received if his employment had continued uninterrupted with the municipality.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:49 - Expenditures.

485-A:49 Expenditures. –
I. With the approval of the governor and council, the department may use state, federal or other funds accruing to the department and funds borrowed from the state water pollution control and drinking water revolving loan fund established under RSA 486:14 for the acquisition of existing sewage or waste treatment facilities, design and construction of new sewage or waste treatment facilities, alteration, improvement or additions to existing sewage or waste treatment facilities, pumping stations and intercepting sewers, inclusive of operation and maintenance of same; the terms operation and maintenance of treatment facilities shall include maintenance of all buildings, equipment, supplies, and administrative costs associated with the management of the treatment facilities, and for such other purposes as may be involved in the operation of an effective regional pollution control program. The department may purchase, take and hold for the state such materials, lands, easements and rights-of-way as may be required for the purposes of this subdivision. If the department is unable to purchase lands, easements or rights-of-way at what is deemed reasonable compensation, the department shall request the governor and council to appoint a commission to assess the damages sustained by the owner, and thereupon proceedings shall be conducted in the same manner and in accordance with provisions of RSA 230.
I-a. In addition to the uses set forth in paragraph I, and with the approval of the governor and council, the department may evaluate the most cost effective operation of such systems, including evaluating the cost effectiveness of alternative governance structures for the Winnipesaukee River basin control program under this subdivision. The department may not make any changes to the current governance structure unless specifically authorized by statute. The department may present any recommendations concerning alternative governance structures to the general court for consideration.
II. To provide funds for the municipal share of the costs involved pursuant to this subdivision, the state treasurer is authorized to borrow upon the credit of the state not exceeding the sum of $30,000,000 and for said purposes may issue bonds and notes in the name and on behalf of the state of New Hampshire in accordance with the provisions of RSA 6-A.
III. The payments of principal and interest on the bonds issued under paragraph II shall be made when due from the special fund established by RSA 485-A:50, VI.
Source.
1989, 339:1. 1996, 228:106. 2005, 117:1, eff. Aug. 14, 2005. 2016, 125:1, eff. July 19, 2016. 2023, 79:34, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:52 - Advisory Board Established.

485-A:52 Advisory Board Established. –
I. There is established a Winnipesaukee River advisory board consisting of one member, from each community, appointed by the board of selectmen of a town or the city council of a city involved. The term of office of each member shall be one year commencing July 1, 1972, and each member shall serve until his or her successor shall have been appointed. The advisory board shall annually elect a chairman by majority vote of its members, and the board shall meet at least quarterly upon the call of the chairman or at least 3 members of the board in order to consider matters properly coming before it for attention. The advisory board shall meet with the department at suitable intervals to review matters of mutual concern. An annual budget shall be submitted to the advisory board by the department, for review and comment, 60 days prior to the beginning of the new fiscal year. Members of the advisory board shall receive no per diem but shall be entitled to reimbursement for expenses including mileage when in the performance of duties required under this subdivision. Each municipality shall provide funds necessary to reimburse its members to the advisory board.
II. The advisory board shall make a recommendation to the governor and executive council on each request for a contract to plan, design, or construct capital improvements using moneys for expenditures under RSA 485-A:49. The department of environmental services shall include a letter from the advisory board to the governor and executive council documenting the decision and recommendations of the advisory board on such contract for the governor and executive council's consideration before approving or denying such contract.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996. 2016, 104:1, eff. July 18, 2016.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:53 - Insurance.

485-A:53 Insurance. –
The department shall purchase insurance, including extended coverage insurance, to protect the pollution control facilities administered under this subdivision against fire, vandalism, and malicious mischief. The cost of the insurance shall be included in the user fee. If the department determines that any of the foregoing insurance is unavailable or uneconomical, it may request the governor and council to waive the provisions of this section for the term of the coverage. Nothing in this section shall be construed as a waiver of the state's sovereign immunity regardless of the department's ability to procure the types of insurance described in this section.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996. 2014, 327:69, eff. Aug. 2, 2014; 146:1, eff. Aug. 15, 2014.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:54 - Enforcement and Penalties.

485-A:54 Enforcement and Penalties. –
I. The department may issue an order to any person in violation of this subdivision, a rule adopted under this subdivision, or any condition in any contract or permit issued or entered into under this subdivision. This order may require such remedial or corrective measures as may be necessary. Any person to whom such an order is directed may appeal in accordance with RSA 21-O:14.
II. If the department determines that the discharge to any state-owned treatment facility presents an imminent threat to the environment or to the operation of the treatment facility, the department may issue an order requiring such action as may be necessary to meet the emergency, or may take necessary action to block the public sewer to prevent the discharge of the waste into the treatment facility. Any order issued under this authority shall take effect immediately. A person to whom such an order is issued or any person affected by action taken by the department under this paragraph may appeal to the commissioner or designee for a hearing on such order or action, which shall be held within 2 working days after receipt of the request for the hearing. The person may appeal the decision on such hearing pursuant to RSA 21-O:14.
III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this subdivision, shall be subject to a civil penalty not to exceed $10,000 for each violation, or for each day of a continuing violation.
IV. Any violation of the provisions of this subdivision, or of any rule adopted or order issued under it, or of any condition in any permit issued or contract entered into under the authority of this subdivision, may be enjoined by the superior court upon application by the attorney general.
V. The commissioner of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision, any rule adopted under this subdivision, or any permit or contract entered into under the authority of this subdivision. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this subdivision. The proceeds of administrative fines levied pursuant to this paragraph shall be deposited by the department in the replacement fund established pursuant to RSA 485-A:51. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) A schedule of administrative fines which may be imposed under this paragraph for violations of this chapter as provided above.
(b) Procedures for notice and hearing prior to the imposition of an administrative fine.
Source.
1989, 339:1. 1995, 217:9. 1996, 228:85, 106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:55 - Definitions.

485-A:55 Definitions. –
In this subdivision:
I. "Household cleansing product" means any product, including but not limited to, soaps and detergents used for domestic cleaning purposes, including, but not limited to, the cleansing of fabric, dishes, food utensils and household premises.
II. "Phosphorus" means elemental phosphorus.
III. "Trace quantity" means an incidental amount of phosphorus which is not part of the household cleansing product formulation, is present either as a consequence of manufacturing, to assure product performance for purposes other than cleansing, or to assure container stability, and does not exceed 0.5 percent of the content of the product by weight, expressed as elemental phosphorus.
Source.
1994, 303:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:56 - Products Prohibited.

485-A:56 Products Prohibited. –
No household cleansing products except those used for lead exposure hazard control purposes shall be distributed, sold or offered for sale in this state, which contain a phosphorus compound in concentrations in excess of a trace quantity.
Source.
1994, 303:1. 1995, 306:7. 2009, 282:1, eff. July 1, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:57 - Penalty.

485-A:57 Penalty. –
Any person who violates the provisions of this subdivision shall be subject to a civil penalty not to exceed $50.
Source.
1994, 303:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:58 - Establishment and Implementation of Cyanobacteria Mitigation Loan Program.

485-A:58 Establishment and Implementation of Cyanobacteria Mitigation Loan Program. –
I. There is established in the department of environmental services the cyanobacteria mitigation loan program. The program shall provide low interest loans to:
(a) Municipalities, community water systems and non-profit lake and river watershed associations whose testing shows confirmed and chronic exceedances of the state health advisory for cyanobacteria, for remediation efforts begun after September 30, 2023.
(b) Publicly-owned and non-profit lake or river watershed associations that have a watershed management plan which specifies sources of phosphorus loading approved by the department of environmental services.
II. Projects shall only be financed after the applicant's proposed mitigation plan or watershed management plan demonstrates that such plan is the most cost-effective solution, as reviewed and approved by the department of environmental services. The applicant shall provide evidence in the application for funding that there are no no-cost or low-cost efforts that would result in a substantial decrease in external phosphorus loading. The applicant shall also show that there is no responsible party identified by department of environmental services or that the responsible party, potentially including the applicant, has provided their appropriate share of the funding for the proposed project.
III. Loans or grants may be made for up to the total cost of the project, after any responsible party's contribution, addressing the contamination.
IV. The cyanobacteria mitigation program shall forgive up to 10 percent of the loan principal to community water systems, publicly owned or non-profit lake or river watershed associations using the same qualifying standards for forgiveness used in the drinking water state revolving loan program established under RSA 486:14.
V. Total loan forgiveness under this section shall not exceed $1,000,000 in a fiscal year.
Source.
2023, 79:433, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:59 - Duties.

485-A:59 Duties. –
I. The department of environmental services shall:
(a) Administer the cyanobacteria mitigation loan and grant program to assist municipalities; community and non-profit, lake and river watershed association; with the cost of reducing the number of chronic and extended cyanobacteria bloom that the department considers to be a threat to long term health of water bodies. For purposes of this subparagraph, administration includes oversight of the grant or loan expenditures to ensure they are not misused.
(b) Administer a loan forgiveness program to assist municipalities, community, and non-profit, lake and river watershed association with loan repayment.
(c) Award loan or grant funds to projects that meet the following criteria:
(1) The project is or was necessary to reduce phosphorus loading identified in an accepted watershed management plan and the applicant for funding is a municipality, a community water system, or a non-profit, lake or river watershed association.
(2) The applicant has demonstrated, to the satisfaction of the department, that low or no-cost solutions are neither viable nor effective.
(d) Award reimbursements to projects from the fund in a manner consistent with this chapter.
II. Every year beginning December 1, 2024, the department of environmental services shall prepare and file a report with the general court evaluating the progress made relative to mitigating cyanobacteria blooms, the efficiency of the program established under this chapter, and whether it continues to provide the maximum benefit to New Hampshire citizens, and providing any recommendations on potential additional tasks for which the fund could be used to address cyanobacteria blooms.
Source.
2023, 79:433, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:60 - Rules.

485-A:60 Rules. –
The department of environmental services shall adopt rules, under RSA 541-A, relative to administering cyanobacteria loan and grant programs for eligible projects.
Source.
2023, 79:433, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:61 - Cyanobacteria Mitigation Loan and Grant Fund Established.

485-A:61 Cyanobacteria Mitigation Loan and Grant Fund Established. –
There is hereby established in the department of environmental services the cyanobacteria mitigation loan and grant fund which shall be maintained by the state treasurer in distinct and separate custody from all other funds. The state treasurer may invest the fund in accordance with RSA 6:8. Any earnings on fund moneys shall be added to the fund. All moneys in the fund shall be nonlapsing and continually appropriated to the department of environmental services. The cyanobacteria mitigation loan and grant fund shall be used to fund loans, grants, and reimbursements in accordance with this subdivision. Funds from any bond proceeds, grants, loan repayments, legislative appropriations, donations, and other funds shall be credited to this fund.
Source.
2023, 79:433, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:1 - Detention for Damages.

485-B:1 Detention for Damages. –
The owner of improved land may detain logs or timber of any kind lodged thereon by the waters of a river or stream until the damages occasioned to the land thereby, the expenses of the removal thereof, and the expenses of advertising the same are paid, or until the owner or person in charge of the logs or timber shall give bond to the person detaining same, with sufficient sureties, in a sum not less than double the value of the property detained to the satisfaction of the selectmen of the town wherein the detention occurs, or to the selectmen of some town adjoining, conditioned to pay all such damages, expenses and costs as may be recovered against him under the provisions of this chapter.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:1-a - Permit Required.

485-B:1-a Permit Required. –
An owner or person in charge of the logs or timber regulated under the provisions of this chapter shall apply for a permit prior to commencing floating timber on the surface water of the state. Notwithstanding any law or rule to the contrary, the authority to regulate and permit floating timber shall be exclusively established with the division of forests and lands, department of natural and cultural resources.
Source.
1989, 352:1, eff. Aug. 1, 1989. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:2 - Bond by Nonresident.

485-B:2 Bond by Nonresident. –
Whenever such bond is given by a person not a resident of the state, it shall contain an appointment of an agent or attorney within the state upon whom service of any notice or process whatever may be made.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:3 - Assessment of Damages.

485-B:3 Assessment of Damages. –
If the parties do not agree on the amount of damages occasioned by such logs or timber, the selectmen, or, if a majority of them is interested, 3 justices, may, on application of either party in writing, and after 10 days' notice in writing, assess such damages and expenses and make report thereof to the parties.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:4 - Appeal From Assessment of Damages.

485-B:4 Appeal From Assessment of Damages. –
If either party is dissatisfied with the assessment, he may appeal therefrom to the superior court. The appeal shall be filed within 60 days and not after, in writing, signed by the party appealing or his attorney, setting forth the reasons of his appeal.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:5 - Notice of Appeal.

485-B:5 Notice of Appeal. –
Notice shall be given of such appeal and of the court at which it will be entered at least 14 days before the term at which it is to be entered.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:6 - Advertising.

485-B:6 Advertising. –
The owner of the land shall advertise all such logs and timber in September, annually, by posting notices describing the number thereof and the marks thereon at one of the most public places in the same and 2 adjoining towns, and by causing a like notice to be recorded by the town clerk.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:7 - Payment; Tender.

485-B:7 Payment;  Tender. –
On payment or tender of the damages and expenses agreed upon or assessed, or upon giving bond as provided in RSA 485-B:1, the owner of the logs or timber may remove the same at any time within 5 months after notice is posted and recorded as provided in RSA 485-B:6.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:8 - Forfeiture.

485-B:8 Forfeiture. –
If such logs or timber are not removed within 5 months, they shall be forfeited to the owner of the land, and he may convert them to his own use if they have been advertised as provided in RSA 485-B:6, and the owner of the land may recover his damages and expenses in an action on the case against the owner of the logs or timber or any other person putting the same into the river. If such damages and expenses have been previously assessed, such assessment shall be conclusive.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:9 - On Unimproved Land.

485-B:9 On Unimproved Land. –
If any logs or timber are lodged on the unimproved land of a person, he may detain the same until the damages occasioned thereby, and costs, are paid.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:10 - Removal Without Payment.

485-B:10 Removal Without Payment. –
If such logs or timber are removed by the owner or any other person, without payment or tender of such damages and expenses, he shall be liable to the owner of the land therefor, and for costs, in an action to be commenced within one year and not after.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:11 - Interfering With Logs.

485-B:11 Interfering With Logs. –
Any person wrongfully stopping any logs or timber of another, or preventing them from floating down any river or stream, or wilfully and fraudulently cutting out or destroying the marks on such logs or timber shall be guilty of a misdemeanor.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-B - Floating Timber › Section 485-B:12 - Larceny of Logs.

485-B:12 Larceny of Logs. –
Any person wilfully and fraudulently taking and carrying away, or otherwise converting to his own use, either personally or by others in his employment and under his control, any log or timber of another in any river or stream or on the banks or meadows adjoining the same shall be deemed guilty of larceny.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:1 - Statement of Purpose.

485-C:1 Statement of Purpose. –
I. The purpose of this chapter is to protect the natural quality of the groundwater resource of the state by assisting local groundwater protection efforts and by establishing procedures and standards for the classification and remediation of groundwater and state permitting of large groundwater withdrawals. The legislature recognizes the fundamental importance of the groundwater resource and the role of local planning and management in groundwater protection, and intends through this legislation to provide a framework for local groundwater protection. The legislature also intends to provide for consistent, protective management and remediation of groundwater affected by regulated contaminants. The natural quality of the groundwater resource shall be preserved and protected in order that groundwater may be used for drinking water supply. Ambient groundwater quality standards shall meet drinking water standards, and the classification of groundwater shall provide opportunity for protecting groundwater of high value as a drinking water supply. The legislature recognizes that groundwater constitutes an integral part of the hydrologic cycle and that the protection of groundwater quality is necessary to preserve the integrity of surface water.
II. The legislature finds that the most effective means of preserving the existing high quality of groundwater is by identification and careful management of operations or activities which may cause contamination of groundwater if not properly conducted. Because groundwater is primarily a local resource, cities and towns should have the first opportunity to institute programs for groundwater protection within the scope of this chapter. Suppliers of water should also have this opportunity because of their vital interest in preserving the quality of their groundwater supply. The state, which has general responsibility for groundwater management in the public trust and interest, should develop groundwater protection programs within the scope of this chapter when such programs are not developed by a local entity.
Source.
1991, 344:1. 1996, 266:1. 2010, 348:1, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:3 - Duties of the Department.

485-C:3 Duties of the Department. –
The department shall:
I. Maintain a statewide map identifying the classes of groundwater.
II. Assist local and regional entities in the development and administration of local wellhead protection programs, including delineation of wellhead protection areas and the inventory and management of activities which have a potential effect on groundwater quality.
III. [Repealed.]
IV. Maintain an inventory of wells serving public water supply systems, and establish a priority system for delineation of wellhead protection areas and reclassification of these areas to class GAA.
V. Provide for the investigation, management, and remediation of contaminated groundwater.
VI. Manage and preserve the state's groundwater on behalf of the citizens of the state, recognizing that any private use of groundwater and other public waters shall be reasonable in light of the protected interests of the general public in the use and enjoyment of groundwater and other public waters by ensuring that no unmitigated adverse impact, as defined in this chapter, occurs.
Source.
1991, 344:1. 1996, 228:106; 266:2. 2003, 319:9. 2004, 257:44. 2006, 322:2. 2011, 224:117, II, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:5 - Classes of Groundwater.

485-C:5 Classes of Groundwater. –
I. All groundwater shall be classified for the purpose of prescribing protections and management practices. These classifications do not necessarily reflect existing water quality. For purposes of classification, all groundwater shall be assigned to one of 4 classes as follows:
(a) Class GAA groundwater shall be the most protected class. Groundwater in this class is within the wellhead protection area for wells which presently are used or well sites which have been identified for future use as drinking water supply for public water systems. An inventory of potential contamination sources in the wellhead protection area shall be conducted, and a management program shall be implemented as provided under RSA 485-C:8.
(b) Class GA1 shall be assigned to groundwater in a defined zone of high value for present or future drinking water supply. An inventory of potential contamination sources in the contributing area of this class shall be conducted, and a management program shall be implemented as provided under RSA 485-C:8.
(c) Class GA2 shall be assigned to groundwater within aquifers identified as highly productive for potential use as a public water supply by the U.S. Geological Survey regional groundwater studies, or other regional studies. Zones of stratified drift with a saturated thickness greater than 20 feet, and a transmissivity greater than 1,000 feet squared per day shall be designated as class GA2. Zones of bedrock with average well yields greater than 50 gallons per minute shall also be designated as class GA2.
(d) Class GB shall be assigned to all groundwater not assigned to a higher class.
II. The land area vertically above shall be assigned to the highest class of groundwater beneath it, for purposes of managing potential contamination sources.
Source.
1991, 344:1, eff. June 28, 1991.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:6-a - Groundwater Management Zones.

485-C:6-a Groundwater Management Zones. –
The department may designate groundwater management zones as a component of the remediation of contaminated groundwater. The department shall issue permits or other similar controls for such zones that establish a time period and process for the remediation of the groundwater.
Source.
1996, 266:13, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:6-b - Recordation of Groundwater Management Zone Permits.

485-C:6-b Recordation of Groundwater Management Zone Permits. –
The department shall require a person to whom a groundwater management zone permit is issued to record notice of the existence of the groundwater management zone in a form approved by the department. Such notice shall be recorded in the registry of deeds in the chain of title for each property included in whole or part within the groundwater management zone. If the department approves the use of municipal land use controls as an alternative form of notice, such recordation shall not be required.
Source.
1996, 266:13, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:7 - Potential Contamination Sources.

485-C:7 Potential Contamination Sources. –
I. Human activities or operations upon the land surface shall be considered potential contamination sources if the activity or operation poses a reasonable risk that regulated contaminants may be introduced into the environment in such quantities as to degrade the natural groundwater quality.
II. For purposes of this chapter, potential contamination sources shall include the following:
(a) Vehicle service and repair shops, including but not limited to: automobile, truck, and equipment service or repair shops, autobody shops; and aircraft fueling, deicing, and maintenance areas.
(b) General service and repair shops, including but not limited to: furniture stripping, painting, and refinishing; photographic processing; printing; appliance and small engine repair; boat repair, service, and refinishing; refrigeration, heating, ventilating and air conditioning shops.
(c) Metalworking shops, including, but not limited to: machine shops; metal plating, heat treating, smelting and jewelry making shops.
(d) Manufacturing facilities, including, but not limited to: electronics and chemical manufacturing, processing, and reclamation; paper, leather, plastic, fiberglass, rubber, silicon and glass making; a pharmaceutical production; pesticide manufacture; and chemical preservation of wood and wood products.
(e) Underground and aboveground storage facilities for oil and hazardous substances, as defined in RSA 146-C.
(f) Waste and scrap processing and storage, including, but not limited to: junkyards, scrap yards, and auto salvage yards; wastewater treatment plants; dumps, landfills, transfer stations and other solid waste facilities; and wastewater or septage lagoons.
(g) Transportation corridors, including, but not limited to, highways and railroads.
(h) Septic systems, including, but not limited to large septic systems which require a groundwater discharge permit under RSA 485-A:13.
(i) Laboratories and professional offices, including but not limited to: medical, dental, and veterinary offices; and research and analytical laboratories.
(j) Use of agricultural chemicals, including but not limited to: golf courses; feed lots, kennels, piggeries, and manure stockpiles; parks; nurseries and sod farms; and the usage of registered pesticides.
(k) Salt storage and use for winter road and parking lot maintenance.
(l) Snow dumps.
(m) Stormwater infiltration ponds or leaching catch basins.
(n) Cleaning services, including but not limited to: dry cleaners, laundromats; beauty salons; and car washes.
(o) Food processing plants, including but not limited to: meat packing and slaughterhouses; dairies; and processed food manufacture.
(p) Fueling and maintenance of excavation and earthmoving equipment.
(q) Concrete, asphalt and tar manufacture.
(r) Cemeteries.
(s) Hazardous waste facilities regulated under the Resource Conservation and Recovery Act, as implemented by RSA 147-A.
Source.
1991, 344:1, eff. June 28, 1991.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:8 - Inventory and Management.

485-C:8 Inventory and Management. –
I. Inventory and management under this section shall be performed in GAA or GA1 contributing areas by the department or, by the local entity requesting reclassification under RSA 485-C:9, II(a) or III(a).
II. The inventory of potential contamination sources required in contributing areas designated as class GAA or GA1 shall include the site address, tax map and lot number, property owner name and address, and operator name and address for all potential contamination sources within the contributing area of a designated class. The inventory shall include estimates of the type and quantities of regulated substances used in the activity or generated as waste materials. The inventory shall be based on physical site inspections of the potential contamination sources within the designated class area.
III. Potential contamination sources in class GAA and GA1 contributing areas shall be managed by:
(a) Updating the inventory at intervals not to exceed 3 years.
(b) Notifying the owner of each potential contamination source by letter at intervals not to exceed 3 years that the activity is being conducted within a contributing area of a class of groundwater designated for high protection because of its value for drinking water supply. The notice shall state that such activities shall be subject to best management practices, and shall provide information concerning where copies of applicable best management practices may be obtained.
(c) Performing an inspection at least once every 3 years of all potential contamination sources located within the contributing area to ascertain compliance with best management practices provided, however, that the following shall not be subject to inspection under this chapter:
(1) Pesticides which are regulated under RSA 430:28-48; and
(2) Agricultural operations which are operated in compliance with all applicable chapters of RSA title XL and best management practices developed, administered and enforced by the New Hampshire department of agriculture, markets, and food.
(d) Enforcing rules for best management practices adopted under RSA 485-C:11.
IV. The authority granted to local entities and other agencies under this chapter shall not be interpreted to extend to RSA 430:28-48.
Source.
1991, 344:1. 1995, 130:4. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:10 - Degraded Groundwater.

485-C:10 Degraded Groundwater. –
I. Groundwater which has been degraded below ambient groundwater quality standards by past operations, discharges, or other human activities shall not be excluded from the designated class.
II. Groundwater which does not meet ambient groundwater quality standards due entirely to natural causes shall not be excluded from the designated class.
Source.
1991, 344:1, eff. June 28, 1991.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:11 - Best Management Practices.

485-C:11 Best Management Practices. –
I. The department shall develop best management practices for the activities identified in RSA 485-C:7 as potential contamination sources, except those activities under RSA 485-C:7, II(j) which shall be subject to best management practices and the applicable provisions of RSA title XL, developed, administered and enforced by the New Hampshire department of agriculture, markets, and food.
II. Best management practices shall strike a reasonable balance between environmental, energy, and economic impacts. These best management practices shall apply to all potential contamination source activities in the state. In developing best management practices for an activity or type of activity over which another state agency has regulatory jurisdiction, the department shall consult with that agency, and may, through a memorandum of agreement, delegate to that agency the administration of best management practices. Best management practices shall not be inconsistent with applicable state or federal rules and regulations concerning such activities or with the intent of this chapter.
Source.
1991, 344:1. 1995, 130:4. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:12 - Prohibited Uses.

485-C:12 Prohibited Uses. –
Within any wellhead protection area classified as GAA, the following new uses are prohibited:
I. The siting or operation of a hazardous waste disposal facility as defined under RSA 147-A.
II. The siting or operation of a solid waste landfill.
III. The outdoor storage of road salt or other deicing chemicals in bulk.
IV. The siting or operation of a junk or salvage yard.
V. The siting or operation of a snow dump.
VI. The siting or operation of a wastewater or septage lagoon.
Source.
1991, 344:1, eff. June 28, 1991.