reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:14 - Use of Fluoride.

485:14 Use of Fluoride. –
I. No fluoride shall be introduced into a public water system unless and until the municipality or municipalities served by such system have each held a public hearing as to the introduction of fluoride into the public water system, and the registered voters of such municipality or municipalities have approved such action pursuant to RSA 44:16, RSA 31:17-a, RSA 52:23, or RSA 485:14-a. For purposes of this section "municipality" means a municipality that has 100 or more user connections that are served from the public water system.
II. Paragraph I, RSA 44:16, RSA 31:17-a, RSA 52:23, and RSA 485:14-a shall not apply to a public water system's receipt of fluoridated water from another public water system. If a public water system that does not fluoridate its water receives fluoridated water from another system, it shall, prior to receipt, provide written information to its water users that includes the following:
(a) A statement, approved by the department, that the water contains fluoride for the purpose of improving community oral health and, in the event the fluoride levels are diluted from other sources of water or degraded, that the fluoride levels may be too low to effectively prevent tooth decay;
(b) An identification of the source of the fluoridated water; and
(c) The most recent compliance sample result for fluoride that the supplier of water that fluoridated the water has submitted to the department.
Source.
1989, 339:1. 2004, 225:1, eff. July 1, 2004. 2018, 258:5, eff. Aug. 11, 2018.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:14-a - Referendum Procedure for Public Water Systems Serving More Than One Political Subdivision.

485:14-a Referendum Procedure for Public Water Systems Serving More Than One Political Subdivision. –
I. Upon the written application of the aggregate of 10 percent of the registered voters in all of the towns served by a water system, presented to the clerk of the town owning the water system at least 90 days before the day prescribed for an annual town meeting or city election, the clerk shall forward a copy of the petition to each town served by the water system. Upon receipt of the petition, the selectmen of the town shall insert on the warrant or the official ballot the following question: "Shall fluoride be used in the public water system?" Beside this question shall be printed the word "yes" and the word "no" with the proper boxes for the voter to indicate his or her choice. If a majority of those voting in a water system that serves multiple towns does not approve the use of fluoride in the public water system, no fluoride shall be introduced into the public water system for said towns. After such popular referendum, the selectmen shall not insert an article relative to the use of fluoride in the public water system in the warrant nor shall such question be inserted on the official ballot for a minimum period of 3 years from the date of the last popular referendum and only upon written application at that time of not less than the aggregate of 10 percent of the registered voters of all of the towns.
II. In this section:
(a) "Town" means town as defined in RSA 21:5.
(b) "Selectmen" means selectmen as defined in RSA 21:28.
Source.
2004, 225:2. 2008, 230:5, eff. Aug. 19, 2008.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:14-b - Fluoride Statement Required.

485:14-b Fluoride Statement Required. –
I. If a public water supply is fluoridated, the following notice shall be posted in the water system's consumer confidence report: "Your public water supply is fluoridated. According to the Centers for Disease Control and Prevention, if your child under the age of 6 months is exclusively consuming infant formula reconstituted with fluoridated water, there may be an increased chance of dental fluorosis. Consult your child's health care provider for more information."
II. The notice shall be located in the section of the consumer confidence report dedicated to water quality.
Source.
2012, 122:1, eff. Aug. 4, 2012.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:15 - Appeal.

485:15 Appeal. –
If the department shall require the abandonment of any such emergency source the person, corporation or association aggrieved by such action shall have an appeal to the superior court, said appeal to be taken within 30 days from the receipt of the order from said department, and said court may make such order on the appeal as justice may require.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:16 - Penalty.

485:16 Penalty. –
Whoever violates any of the provisions of RSA 485:8-13, but not RSA 485:8, II, or fails to comply with the lawful orders and requirements of the department duly made pursuant to those sections, or whoever hinders or obstructs any inspector in the pursuit of his lawful duty in respect to such sections, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:16-a - Drinking Water Standards and Notification.

485:16-a Drinking Water Standards and Notification. –
I. The commissioner, in consultation with the commissioner of health and human services, shall adopt primary and secondary drinking water standards pursuant to RSA 485:3, and ambient groundwater quality standards pursuant to RSA 485-C:6, applicable to MTBE. The commissioner shall not commence rulemaking for these standards until after the department has reviewed the scientific record on the risks posed by the presence of MTBE in drinking water supplies. Such review shall be completed at the earliest possible date, but no later than January 1, 2000. The commissioner shall commence rulemaking no later than January 1, 2000.
II. Any public water system delivering water with greater than 5 parts per billion of MTBE shall notify each customer of the MTBE content.
Source.
1999, 313:2, eff. July 16, 1999.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:16-b - Authority to Limit MTBE in Gasoline; Penalties.

485:16-b Authority to Limit MTBE in Gasoline;  Penalties. –
I. Except as provided for in RSA 485:16-d, the commissioner shall seek all necessary authorizations from the Environmental Protection Agency to opt out of the federal reformulated gasoline program as soon as possible, but in no case later than January 1, 2004. The department of environmental services shall prepare and submit to the Environmental Protection Agency as soon as possible, but in no case later than January 1, 2002, all documentation necessary to accomplish this task.
II. In addition to the provisions of paragraph I, the commissioner, after consultation with the commissioner of health and human services, shall limit to the greatest extent practicable, with the approval of the governor and council, the concentration of MTBE allowed in any gasoline sold in all or part of the state after first holding a public hearing on the issue and certifying to the air pollution advisory committee established in RSA 125-J:11 that gasolines which meet such limit are:
(a) Readily available to New Hampshire consumers at a reasonable price;
(b) Less hazardous overall to humans and the environment than gasoline having higher MTBE concentrations taking into account all exposure routes, including air and water; and
(c) Approved for use in New Hampshire by the Environmental Protection Agency without a requirement to substitute additional air emissions reductions beyond those adopted under RSA 485:16-c.
III. Nothing in this section shall prohibit the commissioner from phasing in any limitations approved under paragraph II.
IV. Retail sellers of gasoline and the suppliers to such retail sellers shall comply with the provisions of paragraph II or be subject to the enforcement provisions of RSA 485:58.
V. The limitations on MTBE concentrations established under the provisions of this section shall be exempt from the requirements of RSA 541-A, the administrative procedure act. The department shall file, however, in the office of legislative services a copy of all rules adopted, amended, or repealed under this section by the department.
Source.
1999, 313:2. 2001, 293:2, eff. July 17, 2001.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:16-c - Adoption of Other Air Pollution Control Measures.

485:16-c Adoption of Other Air Pollution Control Measures. –
In order to reduce air emissions and receive federal credit for such reductions, the commissioner shall be authorized to establish limits on the manufacture, use, or sale of consumer products in accordance with RSA 125-C:6, XVII.
Source.
2001, 293:3. 2004, 175:5, eff. May 27, 2004.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:16-d - Regional and Federal Efforts.

485:16-d Regional and Federal Efforts. –
I. The commissioner is authorized to promote such regional or federal efforts as may be required to reduce the ongoing contamination threat posed by MTBE and other gasoline ethers, including but not limited to efforts to eliminate the federal oxygen mandate in the federal Clean Air Act, secure waivers from federal fuel requirements, or implement cleaner, more protective reformulation of gasoline.
II. If an alternative regional or federal approach to cleaner gasoline is developed which provides equal or greater effectiveness in reducing concentrations of MTBE and other gasoline ethers than opting out of the federal reformulated gasoline program under RSA 485:16-b, I, or does so in a manner that requires less costly substitute emission control measures under RSA 485:16-c, then the commissioner may implement such alternative regional or federal approach. Such alternative regional or federal approach may substitute for opting out of the federal reformulated gasoline program under RSA 485:16-b, I if undertaken prior to January 1, 2004.
Source.
2001, 293:3, eff. July 17, 2001.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:16-e - Per and Polyfluoroalkyl Substances.

485:16-e Per and Polyfluoroalkyl Substances. –
I. The maximum contaminant levels for the following shall be:
(a) Perfluorooctanoic acid (PFOA): 12 parts per trillion.
(b) Perfluoroctanesulfonic acid (PFOS): 15 parts per trillion.
(c) Perfluorohexanesulfonic acid (PFHxS): 18 parts per trillion.
(d) Perfluorononanoic acid (PFNA): 11 parts per trillion.
II. By November 1, 2020, and at least annually thereafter, the commissioner of the department of environmental services shall report to the speaker of the house of representatives and the president of the senate, the chairperson of the house committee on science, technology, and energy, the chairperson of the senate committee on energy and natural resources, the chairperson of the joint legislative committee on administrative rules, and the governor, with a recommendation regarding the adjustment of the maximum contaminant levels set in paragraph I.
III. The commissioner of the department of environmental services may adopt maximum contaminant levels different than those set forth in paragraph I if, accounting for an adequate margin of safety to protect human health at all life stages, including but not limited to prenatal development, the commissioner determines the maximum contaminant levels in paragraph I need adjustment for the protection of human health.
Source.
2018, 368:5, eff. July 10, 2018. 2020, 30:3, eff. July 23, 2020. 2021, 223:2, eff. Aug. 24, 2021.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:17 - Penalty.

485:17 Penalty. –
I. If a person shall recklessly place, leave, or cause to be placed or left, in or near a lake, pond, reservoir or stream tributary thereto, from which the domestic water supply of a city, town, or village is taken, in whole or in part, any material, substance, or fluid that may cause such water to become impure or unfit for such purposes, such person shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
II. If a person shall purposely or knowingly place, leave, or cause to be placed or left, in or near a lake, pond, reservoir, or stream tributary thereto, from which the domestic water supply of a city, town, or village is taken, in whole or in part, any material, substance, or fluid that may cause such water to become impure or unfit for such purposes, such person shall be guilty of a class B felony.
Source.
1989, 339:1. 2009, 210:5, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:18 - Removal of Polluting Substance.

485:18 Removal of Polluting Substance. –
The health officer of the town, or the water commissioners having charge of the water supply, or the proprietors of the water supply, may remove such material, substance, or fluid and may recover the expense of removal from the person who placed the same, or caused it to be placed, in or near the water, in a court of competent jurisdiction.
Source.
1989, 339:1. 2009, 210:6, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:20 - Injunctions.

485:20 Injunctions. –
I. The superior court shall have power to issue injunctions restraining any person from violating the provisions of RSA 485:17.
II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of RSA 485:17. The municipality shall give notice of any such action to the attorney general and the commissioner of environmental services, who may take such steps 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, 340:3. 2009, 210:7, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:21 - Fishing; Ice Racing; Penalty.

485:21 Fishing;  Ice Racing;  Penalty. –
Said local legislative bodies and officers may also adopt all reasonable rules regarding fishing and the use of boats in and upon any such lake, pond or reservoir, and regarding racing or speeding horses upon the ice of such water body, which they may deem expedient. Any person who shall violate any of said rules after notice of such rules 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 - New Hampshire Safe Drinking Water Act › Section 485:22 - Bathing.

485:22 Bathing. –
If any person shall bathe in such lake, pond or reservoir, within the limits prescribed for the protection of said water supply by the local board of health or health officer or the department, he shall be guilty of a misdemeanor.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:23 - Petition to Protect Water Supplies.

485:23 Petition to Protect Water Supplies. –
I. Whenever any board of water commissioners, local board of health, local health officer or 10 or more citizens of any town or city have reason to believe that a public water or ice supply is being contaminated or is in danger of contamination, and that the local regulations are not sufficient or effective to prevent such pollution, they may petition the department to investigate the case, and to adopt rules under RSA 541-A as the department may deem necessary for the protection of the said supply against any pollution that in its judgment would endanger the public health. Citizens petitioning under this section shall designate a signatory of the petition as the person to whom the department shall send its response.
II. Whenever any board of water commissioners, local board of health, or other owner of a public water supply has reason to believe that a public water supply is in danger of being contaminated or is otherwise threatened and that an emergency condition exists such that a petition pursuant to paragraph I to the department and the adoption of rules would not adequately protect the water supply, the board or owner may petition the governor to declare a state of emergency for the public water supply. At the request of the governor, the department shall consult with the owner of the water supply and make a recommendation as to emergency protections that may be necessary. If the governor declares a state of emergency for a public water supply, those additional protections that the governor deems necessary shall be effective immediately and for the duration of the emergency. The declaration of a state of emergency for a public water supply shall not exceed 6 months. The governor may renew the declaration one time for up to 6 additional months upon further request by the original petitioner. At such time as any of the emergency protections are to become permanent, the department shall initiate rulemaking in accordance with RSA 485:24. Any protections in the governor's declaration shall be enforced in the same manner as rules adopted pursuant to RSA 485:24 or RSA 485:25 with violations of the protections subject to RSA 485:4 and RSA 485:58.
Source.
1989, 339:1. 1996, 228:106. 2002, 141:1, eff. May 13, 2002.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:23-a - Review of Private Access Facilities.

485:23-a Review of Private Access Facilities. –
No private boat access facility shall be constructed to any public waters which serve as a public water supply for a public or private water utility company, without the approval of the department of environmental services upon consultation with the public water access advisory board and notification to the public utilities commission for any water utility under its jurisdiction.
Source.
1996, 224:2, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:24 - Investigations; Rules.

485:24 Investigations;  Rules. –
I. The department shall respond in writing to a petition filed under RSA 485:23, I, after due investigation, but not later than 30 days after receipt of the petition, informing the petitioners of the department's intended action. In response to a petition, or upon its own motion, the department shall adopt such rules under RSA 541-A as it may deem best to protect the water or ice supply against any dangerous contamination. If requested by the department, the local board of water commissioners, the local board of health, or the local health officer, shall enforce such rules in cooperation with the department.
II. In the case of water supplies any part of which may be outside the town or city concerned, the health officer of such town or city may act as an agent of the department for the enforcement of these rules when so designated by the department. The department may empower the board of water commissioners, local board of health, or local health officer and their agents of the affected municipality to enforce rules adopted under the provisions of this section.
Source.
1989, 339:1. 1996, 228:106. 2002, 141:2, eff. May. 13, 2002.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:25 - Interstate Waters.

485:25 Interstate Waters. –
To protect the purity of interstate waters used as sources of public drinking water supply by adjoining states, the commissioner is authorized, at the request of the state health department of an adjoining state, to adopt rules under RSA 541-A for the protection of the purity of the waters of any lakes, ponds, streams, and reservoirs within any specified drainage area in this state.
Source.
1989, 339:1. 1996, 228:110, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:26 - Penalty for Violation of Rules.

485:26 Penalty for Violation of Rules. –
Any person violating rules adopted pursuant to RSA 485:24 or 25 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:27 - Power to Require Improvements in Sewage Treatment.

485:27 Power to Require Improvements in Sewage Treatment. –
The department is empowered to investigate the conditions and methods pertaining to existing systems of sewerage and sewage treatment works and to require the application of any treatment, improvement or enlargement of such facilities as will insure their proper operation and provide adequate protection of the public health. Issuance of orders requiring changes or improvements in such sewerage systems or treatment works shall be in the manner as prescribed in RSA 485:4.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:28 - Power to Require the Installation of Sewage Facilities.

485:28 Power to Require the Installation of Sewage Facilities. –
The department is hereby empowered to investigate the conditions and methods relating to the disposal of sewage in any municipality, as set forth in RSA 486:1, and to require the installation of public sewers, as defined in RSA 147:8, whenever such investigation demonstrates that individual sewage disposal systems are inadequate or incapable of protecting the health and welfare of the citizens of the affected municipality or preventing pollution of the surface waters of the state, as defined in RSA 485-A. Before issuing an order requiring the installation of public sewer facilities, the department shall notify the municipality of its findings and shall give the municipality an opportunity to be heard. After such hearing if it shall be determined that said facilities are necessary, the municipality shall be so notified in writing and the requirements so ordered shall be effected pursuant to RSA 38:25 within a reasonable time to be fixed by the department. If any municipality whose duty it is to act shall fail or refuse for a period of 10 days after the expiration of the time fixed by said order, or, in the case of appeal for a period of 10 days after final judgment shall have been entered, to obey the same or in good faith to begin to make the installation as ordered, such municipality so failing shall be fined not more than $1,000 for each day of failure to comply with the order of the department. Said fine shall be paid to the state and may be recovered in an action of debt brought by the attorney general in the name of the state treasurer.
Source.
1989, 339:1. 1996, 228:106. 1997, 206:7, eff. July 1, 1997.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:29 - Appeal.

485:29 Appeal. –
Any person aggrieved by any decision, regulation, ruling or order made by the department pursuant to the provisions of RSA 485:24, 27, and 28 may appeal such decisions pursuant to RSA 21-O:14.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:30 - Discharge of Sewage; Penalty.

485:30 Discharge of Sewage;  Penalty. –
No person, association or corporation shall cause or permit the discharge of sewage or other deleterious waste from any dwelling, camp, factory, hotel, boardinghouse, or other commercial establishment into any stream, lake, pond, or river not previously polluted, without first submitting detailed plans of said proposed discharge to the department and securing the approval of the said department. Any person who violates the provisions of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:31 - Tampering With Public Water Systems.

485:31 Tampering With Public Water Systems. –
I. Any person who tampers with, attempts to tamper with, or makes a threat to tamper with a public water system shall be guilty of a class B felony if a natural person and guilty of a felony if any other person.
II. Notwithstanding RSA 651:2, a natural person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $50,000 if found guilty of tampering with a public water system, and not more than $25,000 if found guilty of an attempt to tamper with or making a threat to tamper with a public water system. Each day of violation shall constitute a separate violation.
III. Any person who tampers, attempts to tamper, or makes a threat to tamper with a public water system shall be liable to the state, upon suit brought by the attorney general, for a civil forfeiture not to exceed $50,000 for such tampering or not to exceed $25,000 for such attempt or threat.
IV. In this section, the term "tamper" means:
(a) To introduce a contaminant into a public water system with the purpose of harming persons; or
(b) To otherwise interfere with the operation of a public water system with the purpose of harming persons.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:32 - Injuring Property.

485:32 Injuring Property. –
Any person who shall willfully injure any of the property of any water company or of any city or town, used by it in supplying water to its inhabitants, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, and such person shall also forfeit and pay to such water company, city or town 3 times the amount of actual damages sustained, to be recovered in an action on the case.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:33 - Analyses; Prohibiting Use.

485:33 Analyses;  Prohibiting Use. –
Whenever any well, spring or other water supply is suspected of being polluted by sewage or other matter dangerous to health, the health officer of the town where it is located may cause an analysis of the water to be made by a competent chemist, without expense to the owner. If the analysis shows the water to be unfit for drinking purposes they may, with the approval of the department, prohibit its use, and, if it be from a well, may cause the well to be closed.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:34 - Enforcement.

485:34 Enforcement. –
The department shall have concurrent jurisdiction with local boards and officers to enforce the provisions of this subdivision.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:35 - Prohibiting Use; Penalty.

485:35 Prohibiting Use;  Penalty. –
Whenever the department, upon investigation, becomes satisfied that a well, spring or other supply of water, used for domestic purposes, has become polluted so as to endanger the public health, it is authorized to prohibit the person or corporation owning or controlling said supply from furnishing such water for domestic purposes, until it becomes satisfied that said water supply has been purified and made fit for domestic use. Any person who knowingly violates the order of the department is guilty of a class B felony for each day he or she continues to furnish water after the order of the department has been served on such person.
Source.
1989, 339:1. 1996, 228:106. 2008, 161:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:36 - Injunctions to Enforce.

485:36 Injunctions to Enforce. –
The superior court shall have jurisdiction in equity, upon application of the department, to enforce the orders of the department issued under RSA 485:35.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:37 - Fencing or Covering.

485:37 Fencing or Covering. –
No person who owns or occupies land shall knowingly allow any well which is within 500 feet of a dwelling or within 200 feet of any highway to remain open on such land, unless there is around such well a substantial fence or protection at least 3 feet high so constructed that no child can crawl through or under it. Any such well shall be deemed to be open unless it is protected by a covering strong enough to hold 1,000 pounds and secured so that it cannot be easily removed by children. The term "well" as used in this subdivision shall mean any artificially made hole in the surface of the earth (a) which is more than 4 feet deep and (b) which is more than 8 inches in diameter and less than 16 square feet in area at the top and (c) the sides of which are steeper than a 60 degree slope.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:38 - Nuisance.

485:38 Nuisance. –
Any open well which is not fenced or protected as provided in RSA 485:37 is declared a nuisance and the same may be ordered abated by any court of competent jurisdiction on complaint of any prosecuting officer.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:39 - Penalty.

485:39 Penalty. –
Whoever violates any provision of RSA 485:37 or RSA 485:38 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1989, 339:1, eff. Jan. 1, 1989.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:40 - Emergency Planning.

485:40 Emergency Planning. –
The department shall develop plans, with the advice and assistance of the division of homeland security and emergency management, and of the public water systems of the state, for emergency conditions and situations that may endanger the public health or welfare by contamination of drinking water. Such plans may include potential sources of contaminants and situations or conditions that could place them in the sources of public drinking water, techniques and methods to be used by public water systems to reduce or eliminate the dangers to public health caused thereby, methods and times for analysis or testing during such emergency conditions or situations, alternate sources of water available to public water systems, and methods of supplying drinking water to consumers if a public water system cannot supply such water.
Source.
1989, 339:1. 1996, 228:71. 2002, 257:10. 2003, 319:128. 2004, 171:20. 2008, 361:15, eff. July 11, 2008.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:43 - Notification of Noncompliance; Water Quality.

485:43 Notification of Noncompliance;  Water Quality. –
I. A public water system shall, upon granting of a variance or exemption or upon determination of its noncompliance with any primary drinking water standard or any rule adopted under this chapter or with any other requirement of this chapter notify the department of such noncompliance within 48 hours and shall notify its users of such noncompliance in accordance with rules adopted by the department under RSA 485:3.
II. Each community public water system shall annually notify each of its users of the results of water quality tests required by RSA 485:41. Such notification shall be in the form prescribed by rule adopted by the commissioner, pursuant to RSA 541-A, under RSA 485:3, VII. Such notification shall include, but not be limited to, a listing of contaminants identified under rules adopted pursuant to RSA 485:3, I, and the results of testing for various bacteriological agents. Where multiple tests have been conducted, a summary or average level of contaminants or biological agents may be provided.
Source.
1989, 339:1. 1996, 228:106, 110, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:45 - Testing of Water Supplies.

485:45 Testing of Water Supplies. –
The state laboratory shall make periodic inspections and analyses of the public water supplies of the state and any special investigations of such water supplies that may be called for; also, when requested or as may be deemed by them necessary or expedient in the interests of the public health, make inspections or analyses of sources furnishing water to institutions, schools, hotels, camps, other places of public resort and individuals, and advise in connection with the same.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:46 - Fees; Advertising.

485:46 Fees;  Advertising. –
I. The department shall adopt rules under RSA 541-A, after public hearing, establishing a schedule of reasonable fees to be paid by any laboratory applying for accreditation.
II. The schedule of fees shall be designed to recover the costs associated with the accreditation services provided under RSA 485:44, and such fees shall be available to the department to be used to defray the expenses for such services. Funds received shall be deposited in a special revolving fund account maintained by the department which shall be continuously appropriated to the department to offset the costs of the accreditation program. Any balance in excess of $1,000 remaining at the end of the fiscal year shall lapse to the general fund.
III. A laboratory shall provide each prospective New Hampshire client with a list which clearly indicates the specific analytes which the laboratory is accredited to test. In the event that a client has paid a fee to a laboratory in anticipation of testing services before the receipt of said test sampling materials, and the client subsequently determines upon receipt of the test materials that the laboratory is not accredited to provide testing services to meet the client's needs, the client may cancel the order for any testing services which have not yet been performed, and the laboratory shall make full refund to the client. Test reports shall clearly identify those specific analytes for which a laboratory has accreditation and shall specifically identify any analyses which were subcontracted to other laboratories.
Source.
1989, 339:1. 1992, 191:3. 1998, 152:5, eff. Aug. 7, 1998.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:47 - Rulemaking.

485:47 Rulemaking. –
The department shall adopt rules, under RSA 541-A, relative to:
I. Procedures and standards for accreditation of laboratories, including but not limited to the form and content of approval and accreditation application forms, analytical techniques to be employed, standard collection and testing procedures, performance on proficiency test samples, as well as qualifications for laboratory personnel. The procedures and standards shall be in conformance with and consistent with the national accreditation standards approved by the National Environmental Laboratory Accreditation Conference.
II. [Repealed.]
III. Procedures and conditions under which accreditation of water testing laboratories may be revoked, suspended, or modified.
IV. Information to be disclosed when tests are subcontracted.
V. Procedures and criteria for laboratory reaccreditation.
VI. Procedures for the accreditation of laboratories which have been accredited by other states.
VII. Procedures for approval of alternate testing methodology.
VIII. Fees for accreditation, including rules for accounting of the fees.
IX. Procedures and standards for testing of water under any expanded accreditation program.
X. A time frame for the completion of the accreditation process.
XI-XIII. [Repealed.]
Source.
1989, 339:1. 1998, 152:6-8, II, III, eff. Aug. 7, 1998.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:48 - Wellhead Protection.

485:48 Wellhead Protection. –
The department may institute a wellhead protection program as described in section 1428 of the federal Safe Drinking Water Amendments of 1986. The program shall be consistent with the provisions of RSA 485-C and shall include, but not be limited to, the following:
I. Determination of the responsibilities of state and local government units, and those of public drinking water supply systems with respect to wellhead protection.
II. Determination of the extent of the wellhead protection area, based on reasonably available hydrogeologic data, groundwater flow, recharge, discharge, and other data the department deems necessary to such determination.
III. Identify within each wellhead protection area all potential anthropogenic sources of contaminants which may have any adverse effect on human health, through consideration of all potential sources of such contaminants.
IV. Technical assistance, financial assistance, implementation of control measures, education, training, and demonstration projects to protect the water supply within wellhead protection areas from such contaminants.
V. Contingency plans for the location and provision of alternate drinking water supplies for each public water system in the event of well or wellfield contamination by such contaminants.
VI. Procedures, including, but not limited to, the establishment of technical and citizens' advisory committees, to encourage the public to participate in developing the protection program for wellhead areas. Such procedures shall include notice and opportunity for public hearing on the state program before it is submitted to the administrator, United States Environmental Protection Agency, for approval.
Source.
1989, 339:1. 1991, 344:2. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:49 - Declaration of Need.

485:49 Declaration of Need. –
It is declared that there is statewide need for long-range planning in order that the health and safety of the people of the state may be protected in respect to adequate water supplies for domestic use.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:50 - Domestic Water Supply Study.

485:50 Domestic Water Supply Study. –
The department of environmental services is authorized and directed to study the probable domestic water supply requirements of groups of towns or cities, or both, which appear likely to have increased industrial and population growths for the next 50 years. In connection with said studies the department shall determine the most feasible and economic sites for sources of water supply for such long-range planning.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:51 - Assistance.

485:51 Assistance. –
The department of environmental services is authorized, within the limits of the appropriations made therefor, to employ engineers and other assistants to make the studies authorized by this subdivision.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:52 - Reports.

485:52 Reports. –
Whenever any study of a group plan for domestic water supply projects is made the department of environmental services shall report the same to the next session of the legislature together with its recommendations to make secure the availability of those sites which the department of environmental services finds will best meet the future needs of the particular locality studied.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:53 - Advice to Municipalities.

485:53 Advice to Municipalities. –
Upon request the department of environmental services shall consult with and advise any municipality which is considering a change in its domestic water supply due to an approaching critical situation in the municipality.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:54 - Ice Cutting.

485:54 Ice Cutting. –
No person shall cut or take ice from any lake, pond or reservoir used as the source of a domestic public water supply, unless he shall first comply in all respects with such reasonable rules regarding the manner and place of such cutting and taking as may be prescribed by the local legislative body, or officers of a water company, who may have charge of the works of any city or town supplying its inhabitants with water from such source.
Source.
1989, 339:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:55 - Ice; Penalty.

485:55 Ice;  Penalty. –
Any person who knowingly or willfully shall cut or take ice for domestic purposes from any waters which are polluted with sewage or other substance deleterious or dangerous to life or health, or from waters which a board of health, local health officer or the department has condemned, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1989, 339:1. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:56 - Ice Inspection.

485:56 Ice Inspection. –
Health officers of the cities and towns of the state, and the department of environmental services, shall examine and inspect the sources from which ice is cut, or is proposed to be cut, for domestic use in such cities and towns, and to employ any necessary means to determine whether the waters of such sources of ice supply have been polluted, or whether ice taken from such sources will be deleterious to the public health.
Source.
1989, 339:1. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:57 - Ice; Notice of Pollution.

485:57 Ice;  Notice of Pollution. –
If the waters of the sources of ice supplies shall be found so polluted that the ice taken from those sources will be unsafe for domestic use, the local health officer or the department of environmental services shall immediately notify such person who may have taken, or who proposes to take, ice from such polluted source for domestic use, of the dangerous character of the waters inspected, and that the taking of such ice for domestic use must cease.
Source.
1989, 339:1. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:59 - Appeals.

485:59 Appeals. –
Actions of the department under RSA 485:1-4; 8, II; 31; 41-44; 46-48, or 58, I may be appealed under RSA 21-O:14.
Source.
1989, 339:1. 1995, 88:3. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485 - New Hampshire Safe Drinking Water Act › Section 485:61 - Rules for Water Conservation.

485:61 Rules for Water Conservation. –
I. The department shall adopt rules, pursuant to RSA 541-A, for water conservation practices for water users. These rules shall strike a reasonable balance between environmental, energy, and economic impacts and be consistent with current industry standards and practices for different types of water users.
II. The water conservation rules in paragraph I of this section shall apply to all new permit applicants and applications for water withdrawals subject to the provisions of RSA 485:3, RSA 485:48, RSA 485-C:21, RSA 485-A:12, IV, and section 401 of the Clean Water Act.
III. Water conservation rules shall be consistent with applicable state or federal rules and regulations.
Source.
2002, 142:2, eff. July 12, 2002. 2023, 239:6, eff. Aug. 8, 2023.
2023 New Hampshire Revised Statutes › Title L - Water Management and Protection › Chapter 485-A - Water Pollution and Waste Disposal › Section 485-A:1 - Declaration of Purpose.

485-A:1 Declaration of Purpose. –
The purpose of this chapter is to protect water supplies, to prevent pollution in the surface and groundwaters of the state and to prevent nuisances and potential health hazards. In exercising any and all powers conferred upon the department of environmental services under this chapter, the department shall be governed solely by criteria relevant to the declaration of purpose set forth in this section.
Source.
1989, 339:1. 1996, 228:106, 108, eff. July 1, 1996.