reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:13 - Groundwater Release Detection Permit.

485-C:13 Groundwater Release Detection Permit. –
I. The purpose of a groundwater release detection permit shall be to monitor groundwater for early detection of any impact to groundwater quality.
II. A groundwater release detection permit shall be required for the following activities in all classes of groundwater:
(a) The siting or operation of a hazardous waste disposal facility as defined under RSA 147-A.
(b) The siting or operation of a lined solid waste landfill.
(c) The siting or operation of a lined wastewater lagoon.
(d) The siting or operation of a facility for processing soils contaminated with petroleum products.
III. A groundwater release detection permit shall be required for the following additional activities in a class GAA wellhead protection area:
(a) The siting or operation of a new solid waste composting or solid waste resource recovery facility.
(b) The operation of an existing activity which is listed in RSA 485-C:12 as a prohibited new use, unless such activity is required to obtain a groundwater discharge permit under RSA 485-A:13.
IV. The groundwater release detection permit:
(a) Shall require compliance with all applicable state and local laws and regulations;
(b) Shall include periodic monitoring of on-site groundwater quality to be performed by the permittee with reports to the department;
(c) May contain such other conditions as are reasonable and consistent with the purpose of this chapter; and
(d) Shall be issued for a fixed term of 5 years.
V. Applications for groundwater release detection permits shall be on forms provided by the department and shall contain such information as the department shall require by rule.
VI. Application for a groundwater release detection permit for an existing facility or activity shall be made within 6 months of the date of notification of reclassification to GAA, or when a permit is required in any class, within 18 months of June 28, 1991. No person shall be deemed in violation of this chapter if such person shall have made application for a groundwater release detection permit for an existing facility or activity which is made within the required period, and the department has failed to grant or deny such permit.
Source.
1991, 344:1. 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:14 - Notice to Municipality.

485-C:14 Notice to Municipality. –
Upon submission to the department of an application for a permit necessary for an activity in a contributing area classified as GA1 or GAA, which is a potential contamination source under RSA 485-C:7, the state shall notify the local governing body, as defined in RSA 672:6, as well as the local entity, if known, of the filing of the application and shall suspend action on the application for 30 days to allow time for receipt of recommendations from the local entity. For any application required by law to be acted upon within a certain prescribed time, the time shall be extended automatically by 30 days to allow for comment. The department shall proceed to act upon the application at the end of 30 days, even if no comments have been received. If the local entity submits recommendations to the department on the application, the department shall make written findings explaining any deviation from such recommendations. This section shall not apply to applications to construct domestic septic systems, provided that the system has an aggregate capacity of less than 20,000 gallons per day on one lot.
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:14-a - Notification of Large Groundwater Withdrawal Required.

485-C:14-a Notification of Large Groundwater Withdrawal Required. –
Notwithstanding any provision of law to the contrary, before any person may withdraw 57,600 gallons or more of water in any 24-hour period from a well, such person shall provide written notice to the governing body of the municipality in which the well is located and to the governing bodies of each municipality and each supplier of water within the potential impact area of the proposed withdrawal as defined in RSA 485-C:21, V-e. This section shall apply only to wells established after the effective date of this section.
Source.
1998, 124:3. 2006, 322:4, eff. Aug. 21, 2006.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:14-b - Notification of Groundwater Contamination Required.

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.
Source.
2004, 101:1, eff. May 17, 2004.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:15 - Investigation and Inspection.

485-C:15 Investigation and Inspection. –
The department, any authorized representative, any authorized representative of any agency operating under a memorandum of agreement with the department, or any town or city health officer may enter any land or establishment for the purpose of administering the provisions of this chapter, and shall at reasonable times have access to any facility subject to this chapter.
Source.
1991, 344:1. 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:16 - Cease and Desist Orders.

485-C:16 Cease and Desist Orders. –
I. The department may issue a written cease and desist order against any violation of this chapter or rule adopted under this chapter. Local health officers shall have concurrent power to issue such orders. Such orders shall set out the specific acts which are alleged to be in violation, and the specific activities which are to be enjoined. Such orders shall be effective immediately. Health officers shall provide copies of such orders to the commissioner upon issuance. The commissioner may take whatever action is deemed necessary to ensure uniform state enforcement. Any person to whom an order is issued by a local health officer may, within 15 days, request review of the order by the department. The department shall review the order within 15 days of receipt of the request for review. If the department fails to act on the request for review, the order shall no longer be in effect. If the department finds the order to have insufficient basis or to be no longer necessary, it shall state that fact in writing, and the order shall no longer be in effect.
II. A written cease and desist order issued by the department under paragraph I may be recorded by the department in the registry of deeds for the county in which the property is situated and, on recordation, such order shall run with the land; provided, however, that an appropriate description of the land involved, including the accurate name of the record owner, shall be incorporated in the cease and desist 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 lien on real property.
III. No fine or penalty shall be imposed for failure to comply with an order if such failure did not otherwise result in a violation of this chapter or rules adopted under this chapter.
Source.
1991, 344:1. 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:17 - Appeals.

485-C:17 Appeals. –
Actions of the department under RSA 485-C:16 may be appealed in accordance with RSA 21-O:14.
Source.
1991, 344:1. 1996, 228:90, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:18 - Administrative Fines.

485-C:18 Administrative Fines. –
The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter or any rule, permit or order adopted or issued under this chapter. Each day of violation shall constitute a separate offense. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:
I. A schedule of administrative fines which may be imposed under this section for violation of this chapter.
II. Procedures for notice and hearing prior to the imposition of an administrative fine.
Source.
1991, 344:1, eff. July 1, 1993. 2019, 263:8, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:19 - Penalties and Other Relief.

485-C:19 Penalties and Other Relief. –
I. Any person who knowingly violates this chapter, or any rule, permit, or order adopted or issued under this chapter; or who knowingly or recklessly makes any material false statement in any document required to be filed or maintained pursuant to this chapter; or who knowingly or recklessly renders inaccurate, falsifies, or tampers with any monitoring device or method required under this chapter; or who knowingly fails, neglects, or refuses to obey any lawful order of the department, shall be guilty of a misdemeanor if a natural person, and a felony if any other person. Such person shall also be subject to a civil penalty not to exceed $50,000 for each violation or for each day of a continuing violation.
II. Any person who violates this chapter or a rule, permit, or order adopted or issued under this chapter, shall be subject to a civil penalty not to exceed $20,000 for each violation or for each day of a continuing violation. Such violation may also be enjoined by the superior court upon application of the attorney general.
Source.
1991, 344:1. 1996, 228:106, eff. July 1, 1996; 266:5, eff. Aug. 9, 1996. 2019, 263:8, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:20 - Effect on Local Ordinances.

485-C:20 Effect on Local Ordinances. –
I. Nothing in this chapter shall be deemed to preempt the authority of municipalities, under other statutes, to enact local ordinances or regulations affecting groundwater, other than groundwater withdrawals; provided, however, that requirements imposed under this chapter shall be considered as minimum.
II. No regulatory decision made by the department shall abrogate or affect any applicant's obligation to comply with or obtain all applicable and lawful local ordinances, codes, regulations, and approvals not otherwise prohibited by this chapter.
Source.
1991, 344:1. 1998, 124:6. 2010, 348:2, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:21-a - Conservation Management Plan Not Required.

485-C:21-a Conservation Management Plan Not Required. –
The department may grant a renewable exemption from the rules for water conservation practices under RSA 485:61 to any municipality with a water balance of less than 15 percent. The municipality shall calculate the water balance each calendar year after the well is permitted, and such balance and all components defined in the balance shall be submitted to the department no later than the first day of March following the year to which the water balance pertains. The department shall not grant an exemption to any municipality that fails to submit a water balance of less than 15 percent by such date.
Source.
2014, 304:3, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:23 - Temporary Exemptions for Large Groundwater Withdrawals Required for Emergency Purposes.

485-C:23 Temporary Exemptions for Large Groundwater Withdrawals Required for Emergency Purposes. –
I. The department may approve a new large groundwater withdrawal without compliance with RSA 485-C:14, RSA 485-C:21, or RSA 485-C:22 to protect human health and the environment in the event that circumstances beyond the control of the person requesting the withdrawal occurs, such as fire, flood, drought, other acts of God, or infrastructure failure.
II. A large groundwater withdrawal approved for emergency purposes under paragraph I shall only be allowed to operate for 2 years unless it is approved by the department in accordance with RSA 485-C:21.
III. No withdrawal that the department approves in accordance with paragraph I shall result in an unmitigated impact as described in RSA 485-C:21, V-c. The department shall require that monitoring and mitigation plans be implemented when necessary to identify and mitigate the occurrence of such impacts.
IV. Any party may appeal from the decision of the department to approve a withdrawal in accordance with paragraph I to the superior court of the county in which the large groundwater withdrawal is to be made to determine the validity and the reasonableness of the department's action. The appeal shall be filed within 60 days after the approval of the department.
Source.
2010, 348:5, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:24 - Short-Term Use Groundwater Withdrawals.

485-C:24 Short-Term Use Groundwater Withdrawals. –
The department shall require a short-term use, large groundwater withdrawal to cease and desist if such withdrawal causes unmitigated impacts as described in RSA 485-A:21, V-c.
Source.
2010, 348:5, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:25 - Exemption for Certain Large Groundwater Withdrawals Associated With Geothermal Processes.

485-C:25 Exemption for Certain Large Groundwater Withdrawals Associated With Geothermal Processes. –
A geothermal system as defined by RSA 485:1-a, I-b and RSA 485:1-a, XI-a shall not be considered a large groundwater withdrawal if the volume of groundwater extracted minus the volume of water returned to the same aquifer does not exceed 57,600 gallons over any 24-hour period.
Source.
2010, 348:5, eff. Sept. 18, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-C - Groundwater Protection Act › Section 485-C:26 - Groundwater Withdrawals Less than 57,600 Gallons Over Any 24-Hour Period for Community Water Systems.

485-C:26 Groundwater Withdrawals Less than 57,600 Gallons Over Any 24-Hour Period for Community Water Systems. –
The department shall adopt rules pursuant to RSA 541-A specifying criteria and procedures to ensure a groundwater withdrawal less than 57,600 gallons over any 24-hour period from a new source of water for a community water system as defined by RSA 485:1-a and subject to RSA 485:8 does not cause an unmitigated impact to an existing private water supply well in accordance with RSA 485-C:21, V-c(a) or RSA 485-C:21, V-c(c).
Source.
2021, 208:2, Pt. VII, Sec. 1, eff. Oct. 9, 2021; 222:1, eff. Oct. 23, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:1 - Findings and Purpose.

485-E:1 Findings and Purpose. –
I. New Hampshire's coastal water resources have significant ecological, commercial, cultural, and recreational values for the state and its citizens. The state's coastal water resources are highly sensitive and are subject to intense and increasing pressures associated with population growth and development, including increased pollution loads from many sources, including wastewater treatment facilities, stormwater runoff, septic systems, and land use practices. Excess levels of nutrients are of particular concern, have become a significant problem in the Great Bay estuary, and are likely to result in more stringent water quality requirements that could affect activities occurring in municipalities throughout the coastal watershed. In order to improve and protect water quality and meet state and federal regulations, it is necessary for municipalities to reduce nutrient pollution loads from wastewater treatment facilities, stormwater runoff, septic systems and septage, and land use practices. It is essential that the state, and municipalities located within the state's coastal watershed, work in a coordinated way to address these problems and protect the health and sustainability of New Hampshire's coastal resources.
II. The purposes of this chapter are to:
(a) Create better municipal, intermunicipal, and regional planning and coordination relative to wastewater and stormwater management, water quality and water supply planning, and land use;
(b) Establish a regional framework for coastal watershed communities, regional planning commissions, the state, and other stakeholders to collaborate on planning and implementation measures to improve and protect water quality and more effectively address the challenges of meeting clean water standards, particularly with respect to nutrients pollution;
(c) Encourage coastal watershed municipalities, the state, and other stakeholders, individually and in collaboration with one another, to plan, implement, and invest in wastewater, stormwater, and land use planning and management approaches that protect the water quality, natural hydrology, and habitats of the state's coastal resources and associated waters and that advance the state's economic growth, resource protection, and planning policy, established in RSA 9-B; and
(d) Seek innovative solutions to reducing pollution and enhancing water quality.
Source.
2004, 258:1. 2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:2 - Definitions.

485-E:2 Definitions. –
In this chapter:
I. "Alliance" means the Southeast Watershed Alliance.
II. "Associated waters" means freshwater surface waters and groundwater located in the coastal watershed, which contribute flows downstream to the state's coastal water resources.
III. "Coastal watershed" means the land area in New Hampshire contributing groundwater, surface water, and stormwater to the state's coastal water resources and associated waters. The coastal watershed consists all or portions of the following municipalities: Barrington; Brentwood; Brookfield; Candia; Chester; Danville; Deerfield; Dover; Durham; East Kingston; Epping; Exeter; Farmington; Fremont; Greenland; Hampton; Hampton Falls; Kensington; Kingston; Lee; Madbury; Middleton; Milton; New Castle; New Durham; Newfields; Newington; Newmarket; Nottingham; North Hampton; Northwood; Portsmouth; Raymond; Rochester; Rollinsford; Rye; Sandown; Seabrook; Somersworth; Strafford; Stratham; and Wakefield.
IV. "Coastal water resources" means the Gulf of Maine and associated coastal embayments on the Atlantic coast of New Hampshire, and the Great Bay estuary.
V. "Department" means the department of environmental services.
VI. "Great Bay estuary" means the Piscataqua River, Great Bay and Little Bay, all tidal portions of the Bellamy, Cocheco, Lamprey, Oyster, Salmon Falls, Squamscott, and Winnicut Rivers, and the tidal portion of all minor tributaries to the Piscataqua River Great Bay, or Little Bay.
VII. "Low impact development" means development that incorporates best management practices to reduce impervious surfaces, preserve natural hydrology, and reduce stormwater volumes and pollution. Low impact development practices include, but are not limited to, project designs that reduce the amount of impervious cover, porous pavements, gravel wetlands, and green rooftops.
VIII. "Municipalities" means cities, towns, and village districts.
IX. "State's economic growth, resource protection, and planning policy" means the policy established pursuant to RSA 9-B.
X. "Stormwater utility" means a special assessment district established to generate funding specifically for stormwater management, under RSA 149-I:6-a.
Source.
2004, 258:1. 2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:3 - Southeast Watershed Alliance.

485-E:3 Southeast Watershed Alliance. –
There is hereby established a public body corporate and politic having a distinct legal existence separate from the state and not constituting a department or agency of the state government to be known as the Southeast Watershed Alliance, also known as the Alliance. The Alliance shall include those municipalities in New Hampshire whose boundaries include a portion of the coastal watershed and who have agreed to participate the Alliance. The public purpose of the Alliance is:
I. To engage in improved municipal, intermunicipal, and regional planning, studies, public education, and implementation measures, including potential investments, relative to water quality, water supply, wastewater and stormwater management, septic systems and septage, and land use, for the purpose of improving and protecting the water quality and natural hydrology of the state's coastal water resources and associated waters, and to more effectively address on a watershed basis the challenges of meeting state and federal regulations, including waste load limits and allocations. Such planning and investments may include, but are not limited to:
(a) Establishing intermunicipal stormwater utilities and any associated facilities.
(b) Establishing intermunicipal or regional wastewater districts and facilities.
(c) Establishing and coordinating common municipal regulations for nutrient reduction and water quality protection, such as stormwater, wetlands, and buffer regulations.
(d) Developing and implementing, in coordination with the department, innovative means to achieve compliance with nutrient and other pollutant reductions, such as a nutrients offset or trading program.
(e) Addressing water supply and water conservation measures.
II. To foster improved municipal and intermunicipal land use planning and regulation, in coordination with the applicable regional planning commissions, such as to encourage low impact development and innovative zoning and land use management approaches, and to advance the state's economic growth, resource protection, and planning policy.
Source.
2004, 258:1. 2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:4 - Advisory Committee.

485-E:4 Advisory Committee. –
The Alliance shall include an advisory committee consisting of the commissioner of the department, or designee, the commissioner of the department of transportation, or designee, the Strafford, Rockingham, and southern New Hampshire regional planning commission executive directors, or designees, and the Piscataqua Region Estuaries Partnership director, or designee. The committee shall provide technical assistance, education, scientific advice, and consultation on whether plans advance the state's economic growth, resource protection, and planning policy, and otherwise share expertise and provide resources to assist the Alliance, in accordance with available resources. Members of the advisory committee shall be nonvoting members of the Alliance. The Alliance may add members to the advisory committee as it determines its needs for expertise.
Source.
2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:5 - Duties of the Department.

485-E:5 Duties of the Department. –
I. The department shall, no later than October 1, 2009:
(a) Notify the governing bodies, planning boards, conservation commissions, and public works departments of each municipality in the coastal watershed, and the applicable regional planning commissions, of the establishment of the Southeast Watershed Alliance and of the need and purpose of the Alliance, and solicit their participation;
(b) Convene an organizing meeting or meetings, at which the department shall describe the purpose of this chapter, the challenges facing the Great Bay estuary and coastal resources, the potential scope of the Alliance's activities, and the method prescribed by this chapter for coastal watershed municipalities to join the Alliance; and
(c) Provide technical and logistical assistance, as resources allow, to the Alliance until such time as it is self-supporting.
II. The department shall, no later than January 1, 2010, hold a meeting of all coastal watershed municipalities that have joined the Alliance to elect a chairperson of the Alliance and to begin the process of developing the Alliance's operating procedures and organizational structure.
Source.
2004, 258:1. 2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:6 - Method of Joining Southeast Watershed Alliance.

485-E:6 Method of Joining Southeast Watershed Alliance. –
Any Alliance municipality may elect to participate or subsequently to withdraw from participation in the Alliance by vote of its governing body.
Source.
2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:9 - Regional Outfall Construction; Prohibition.

485-E:9 Regional Outfall Construction;  Prohibition. –
The Alliance shall not construct a regional outfall that transfers water out of the Great Bay estuary watershed directly into the Gulf of Maine absent legislation specifically authorizing it to do so.
Source.
2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:10 - Exemption From Taxes.

485-E:10 Exemption From Taxes. –
Any property of the Alliance acquired and used to further the public purpose of planning, developing, and implementing wastewater and stormwater management and other water quality management solutions that protect the water quality and natural hydrology of the state's coastal resources and associated waters, is hereby declared to be public property and shall be exempt from all taxes and special assessments of the state or any of its subdivisions. No taxes or assessments shall be imposed upon the activities of the Alliance or upon any of its revenues.
Source.
2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:11 - Exemption From Regulation.

485-E:11 Exemption From Regulation. –
The New Hampshire public utilities commission shall regulate the Alliance only with regard to insurance and safety requirements.
Source.
2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:12 - Report.

485-E:12 Report. –
The Alliance shall, no later than November 1 each year, provide to the senate president, the speaker of the house of representatives, the senate energy, environment and economic development committee, and the house resources, recreation and development committee, a report on the Alliance's work and progress in carrying out the purposes of this chapter, and on recommendations for further legislation.
Source.
2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-E - Southeast Watershed Alliance › Section 485-E:13 - Severability.

485-E:13 Severability. –
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.
Source.
2004, 258:1. 2009, 220:1, eff. July 15, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-F - Administration of the Drinking Water and Groundwater Trust Fund › Section 485-F:1 - Purpose Statement.

485-F:1 Purpose Statement. –
The general court recognizes that the widespread and persistent contamination of the state's drinking water and groundwater by MTBE requires a comprehensive strategy designed to ensure the continued availability of safe drinking water for all New Hampshire citizens. Therefore, to the extent practicable and consistent with the provisions of this chapter, existing groundwater resources shall be preserved and protected and alternative sources of drinking water shall be made available. In meeting these goals, the general court recognizes the connection between groundwater and surface water, the magnitude of the problem that must be resolved, the number of alternatives that may best provide safe drinking water including, but not limited to, on-site treatment and the expansion of drinking water infrastructure, and the resulting need for flexibility with respect to implementation of this chapter. The general court hereby declares that the purpose of RSA 485-F is to provide for the protection, preservation, and enhancement of the drinking water and groundwater resources of the state.
Source.
2016, 11:2, eff. Mar. 31, 2016.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-F - Administration of the Drinking Water and Groundwater Trust Fund › Section 485-F:2 - Definitions.

485-F:2 Definitions. –
In this chapter:
I. "Department" means the department of environmental services.
II. "Trust fund" means the drinking water and groundwater trust fund established in RSA 6-D:1.
Source.
2016, 11:2, eff. Mar. 31, 2016.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-F - Administration of the Drinking Water and Groundwater Trust Fund › Section 485-F:3 - Implementation of Drinking Water and Groundwater Protection.

485-F:3 Implementation of Drinking Water and Groundwater Protection. –
I. The New Hampshire drinking water and groundwater advisory commission, established in RSA 485-F:4, shall administer the drinking water and groundwater trust fund through the MTBE remediation bureau. Subject to the approval of the fiscal committee of the general court, trust fund proceeds sufficient to fund the department's MTBE remediation bureau and qualifying projects shall be transferred to the department and maintained in a separate, nonlapsing account, continually appropriated to the department for the purpose of paying all costs of this program. The department shall provide administrative support to the drinking water and groundwater advisory commission by performing the following duties, including but not limited to:
(a) Investigating, managing, and remediating contaminated groundwater.
(b) Assisting 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.
(c) Maintaining a statewide map identifying the classes of groundwater.
(d) Measuring levels of contamination statewide and generating maps to show the areas of greatest contamination.
(e) Maintaining an inventory of wells serving public water supply systems, and to the extent practicable other wells, and establishing a priority list for delineation of systems that are currently contaminated with MTBE.
II. The department shall adopt rules, under RSA 541-A, relative to:
(a) Administering a competitive grant program for drinking water protection projects.
(b) Administering the revolving loan fund.
III. Costs paid from the drinking water and groundwater trust fund for the action described in paragraph I(a) and recovered by the state under RSA 147-B:10, shall be deposited to the trust fund. In addition, upon payment from the trust fund for any costs for which a third party would otherwise be liable, the right to recover payment from such third party shall be assumed by the drinking water and groundwater advisory commission to the extent of payment made from the trust fund. Except as provided in RSA 485-H:6, any money so recovered shall be repaid to the trust fund. No party shall receive multiple compensation for the same injury, and any such compensation shall be repaid to the trust fund.
Source.
2016, 11:2, eff. Mar. 31, 2016. 2017, 156:208, eff. July 1, 2017. 2018, 258:1, eff. Aug. 11, 2018. 2019, 346:295, eff. July 1, 2019. 2021, 223:10, eff. Aug. 24, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-F - Administration of the Drinking Water and Groundwater Trust Fund › Section 485-F:7 - Deposits to Drinking Water and Groundwater Trust Fund.

485-F:7 Deposits to Drinking Water and Groundwater Trust Fund. –
Any money received by the state related to the contamination of drinking water or groundwater, other than fees, fines, penalties, oil or hazardous waste cost recovery, or any other money already allocated to a specified fund, shall be deposited into the drinking water and groundwater trust fund. This paragraph shall not be construed to limit any damages otherwise awarded in a related private cause of action.
Source.
2019, 346:294, eff. July 1, 2019.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-G - Coastal Marine Natural Resources and Environment Commission › Section 485-G:2 - Membership and Compensation.

485-G:2 Membership and Compensation. –
I. The members of the commission shall be as follows:
(a) Two members of the senate, appointed by the president of the senate.
(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(c) The commissioner of the department of environmental services, or designee.
(d) The commissioner of the department of natural and cultural resources, or designee.
(e) The executive director of fish and game, or designee.
(f) The chair of the advisory committee on marine fisheries, or designee.
(g) Two representatives of the aquaculture industry, appointed by the governor.
(h) One commercial fisherman, appointed by the governor.
(i) One recreational fisherman, appointed by the governor.
(j) The Great Bay-Piscataqua Waterkeeper.
(k) One representative of the cooperative extension in fisheries, appointed by the dean of the cooperative extension.
(l) One environmental scientist from the University of New Hampshire, appointed by the president of the University of New Hampshire.
(m) One representative of the New Hampshire Chapter of the Nature Conservancy, appointed by the director of the board of trustees of the New Hampshire chapter.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
Source.
2016, 156:1, eff. July 26, 2016. 2017, 156:14, I, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-G - Coastal Marine Natural Resources and Environment Commission › Section 485-G:3 - Duties.

485-G:3 Duties. –
The commission shall:
I. Investigate, monitor, and propose prevention and mitigation strategies for emerging environmental threats in coastal and Great Bay waters, including but not limited to warming of waters, ocean acidification, sedimentation, and nutrient loading, which impact fish, shellfish, and the food chain thereof.
II. Identify gaps and recommend improvements in water quality monitoring, including monitoring pH and evaluating its impact on the impaired waters designation of water bodies.
III. Recommend strategies for enhancing capacities for improving water quality.
IV. Examine the Blue Carbon credit program for sea grass promotion and oyster bed restoration.
V. Report annually on November 1 to the chairpersons of the house and senate committees with jurisdiction over issues affecting coastal marine resources and the environment, the president of the senate, the speaker of the house of representatives, and the governor.
Source.
2016, 156:1, eff. July 26, 2016.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-G - Coastal Marine Natural Resources and Environment Commission › Section 485-G:4 - Chairperson; Quorum.

485-G:4 Chairperson;  Quorum. –
The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.
Source.
2016, 156:1, eff. July 26, 2016.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:1 - Purpose Statement.

485-H:1 Purpose Statement. –
Communities across the state have been impacted by perfluorochemical contamination, largely through no fault of their own. Perfluorochemicals are a class of chemicals that are part of a larger group of chemicals called per and polyfluoroalkyl substances (PFAS). The cost of remediating this contamination for many communities would result in dramatically higher water and sewer rates for end users. The existence of these man-made chemicals, some of which are occurring at unhealthy levels in New Hampshire's drinking water, require a strategy to protect, preserve, and enhance the water that New Hampshire citizens and environment rely upon.
Source.
2020, 30:4, eff. July 23, 2020. 2021, 223:4, eff. Aug. 24, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:2 - Definitions.

485-H:2 Definitions. –
In this chapter:
I. "Community water system" means "community water system" as defined in RSA 485:1-a.
II. "Department" means the department of environmental services.
III. "Drinking water standard" means the maximum contaminant levels established pursuant to RSA 485:16-e.
IV. "PFAS response fund" means the PFAS response fund established in RSA 485-H:10.
V. "Non-transient non-community water system" means "non-transient non-community water system as defined in RSA 485:1-a.
VI. "Wastewater residuals" means septage, sludge, or biosolids.
Source.
2020, 30:4, eff. July 23, 2020. 2021, 223:5, eff. Aug. 24, 2021. 2023, 79:358, eff. June 20, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:4 - Implementation of Groundwater, Surface Water and Aquatic Life Protection.

485-H:4 Implementation of Groundwater, Surface Water and Aquatic Life Protection. –
I. The department shall provide low interest loans and grants to publicly-owned and non-profit wastewater and/or wastewater residual treatment or storage facilities that are required to treat effluent and residuals to achieve applicable PFAS standards prior to discharge or disposal.
II. The department shall provide the loans and grants described in paragraph I if the applicant demonstrates, and the department agrees, that the project is the most cost-effective way to meet applicable PFAS standards and if the project meets the other provisions of this chapter and department rules adopted pursuant to this chapter. The applicant shall provide evidence in the application for funding that there is not a more cost-effective way to meet applicable PFAS standards.
III. The department shall adopt rules, and include conditions in loan and grant documents, to ensure that the applicant has made reasonable efforts to obtain and use funds from any liable or potentially liable third party prior to and after taking a loan from the PFAS response fund or receiving a grant, and that any money received from a liable or potentially liable third party at a later time is applied to early repayment of the loan from the PFAS response fund to the extent reasonable. In addition, the department shall adopt rules establishing criteria to ensure that an applicant shall not be eligible for loans or grants for any project or portion of a project to the extent the negligence of the applicant caused the contamination that resulted in the exceedance of an applicable PFAS standard.
IV. If the department forgives any part of a loan or provides a grant related to costs for a project for which a third party might otherwise be liable, the right to recover payment from such third party shall be subrogated to the department to the extent of such forgiveness. Any money recovered by the department from such third party shall be deposited in the PFAS response fund.
V. Loans may be made for up to the total cost of the project minus any contribution from a liable or potentially liable third party or any other portion deemed ineligible under this chapter and department rules.
Source.
2020, 30:4, eff. July 23, 2020. 2021, 223:6, eff. Aug. 24, 2021. 2023, 79:360, eff. June 20, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:5 - Loan Principal Forgiveness Based Upon Need.

485-H:5 Loan Principal Forgiveness Based Upon Need. –
I. The department shall forgive up to 10 percent of the loan principal to municipalities, community water systems and non-profit, non-transient non-community water systems using the same qualifying standards for forgiveness used in the drinking water state revolving loan program established under RSA 486:14.
II. The department shall forgive up to 10 percent of the loan principal for publicly-owned and non-profit wastewater treatment facilities using the same qualifying standards for forgiveness used in the clean water state revolving loan program established under RSA 486:14.
III. Total loan forgiveness under this section shall not exceed $5 million.
Source.
2020, 30:4, eff. July 23, 2020. 2021, 223:7, eff. Aug. 24, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:6 - Contingent Reimbursement.

485-H:6 Contingent Reimbursement. –
I. Following the reimbursement of the department of justice for legal expenses related to relevant litigation; the transfer of funds to the revenue stabilization reserve account pursuant to RSA 7:6-e; the redemption of bonds issued or debt incurred pursuant to RSA 6:13-e, III(a); and reimbursement of the general fund for any debt principal or interest payments made to support bonds issued or debt incurred pursuant to RSA 6:13-e, III(a), any remaining funds from judgments or settlements received by the state resulting from lawsuits against the manufacturers of PFAS shall be deposited into the drinking water and groundwater trust fund established in RSA 6-D:1.
II. In addition to the loan forgiveness described in RSA 485-H:5, the department, upon certification by the state treasurer that funds from judgments or settlements have been received and used to redeem the bonds issued under RSA 6:13-e in full and the general fund has been reimbursed for all interest and principal payments charged against it to support said bond, shall grant partial loan forgiveness to the loan recipients, up to 50 percent of the loan principal.
(a) If insufficient funds are received by the state to cover 50 percent of the principal, the reimbursements shall be prorated. In no instance shall the loan reimbursement exceed 50 percent of the total loan amount, unless it received loan forgiveness under RSA 485-H:5, in which case the combined maximum shall be 60 percent.
(b) In the event a loan recipient receives compensation from a responsible party, the department shall not grant partial loan forgiveness that in combination with any compensation would exceed 100 percent of the total cost of the remediation.
Source.
2020, 30:4, eff. July 23, 2020.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-H - Per and Polyfluoroalkyl Substances (Pfas) Fund and Programs › Section 485-H:7 - Drinking Water and Groundwater Trust Fund Exception.

485-H:7 Drinking Water and Groundwater Trust Fund Exception. –
Notwithstanding any law to the contrary, any funds deposited into the drinking water and groundwater trust fund established in RSA 6-D:1 as a result of this chapter may be transferred to the department to be used for funding PFAS remediation projects, including those at wastewater treatment facilities, at the discretion of the drinking water and groundwater trust fund's advisory commission.
Source.
2020, 30:4, eff. July 23, 2020. 2021, 223:8, eff. Aug. 24, 2021.