CHAPTER 240
HB 215-FN – FINAL VERSION
30Mar2005… 0369h
05/19/05 1404s
06/09/05 1681s
06/09/05 1909s
29Jun2005… 1967eba
2005 SESSION
06/09
HOUSE BILL 215-FN
AN ACT relative to water management and relative to the membership of the exotic aquatic weeds and species committee.
SPONSORS: Rep. R. Cooney, Rock 4; Rep. Spang, Straf 7; Rep. Babson, Carr 3; Rep. Bettencourt, Rock 4; Sen. Johnson, Dist 2; Sen. Green, Dist 6; Sen. Larsen, Dist 15
COMMITTEE: Resources, Recreation and Development
This bill requires water users who withdraw, discharge, or transfer large amounts of water to register with the department of environmental services and measure and report the amount of water withdrawn, discharged, or transferred.
The bill also adds a public member, appointed by the president of the senate, to the exotic aquatic weeds and species committee.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
30Mar2005… 0369h
05/19/05 1404s
06/09/05 1681s
06/09/05 1909s
29Jun2005… 1967eba
05-0297
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to water management and relative to the membership of the exotic aquatic weeds and species committee.
Be it Enacted by the Senate and House of Representatives in General Court convened:
240:1 New Chapter; Water Management. Amend RSA by inserting after chapter 487 the following new chapter:
CHAPTER 488
488:1 Statement of Purpose. This chapter provides for uniform statewide collection of water use data to understand how water resources are utilized in the state by establishing procedures and standards for the registration, measurement, and reporting of water use. The legislature recognizes the fundamental importance of water resources and intends to provide a framework to obtain and maintain basic water use data for the state. The legislature recognizes that information describing the major water uses of the state along with assessing the amount of water in a given watershed or aquifer are integral to all water resource quantity assessments and management decisions. Water use data is necessary to understand the effects of cumulative uses, transfers, discharges, and consumptive water losses in aquifers and watersheds in the state. Water use data also identifies the quantity and timing of existing water uses, and this information can be used to estimate future water needs of the state. Water use data is also necessary for verifying compliance with and equitable enforcement of state laws pertaining to groundwater and surface water.
488:2 Definitions. In this chapter:
I. “Commissioner” means the commissioner of the department of environmental services.
II. “Department” means the department of environmental services.
III. “Discharge” means the return of water to the environment.
IV. “Groundwater” means subsurface water that occurs beneath the water table in soils and geologic formations.
V. “Person” means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.
VI. “Surface waters” means any lake, pond, river, stream, wetland, or tidal waters.
VII. “Transfer” means any conveyance of water from one real property or place of business to another or incorporation into a product for subsequent distribution.
VIII. “Withdrawal” means the removal or collection of water by pumping or gravity from surface water or groundwater.
488:3 Registration Required.
I. No person shall withdraw or discharge a cumulative amount of more than 20,000 gallons of water per day, averaged over any 7-day period, or more than 600,000 gallons of water over any 30-day period, at a single real property or place of business without registering the withdrawal or discharge with the department. Transfers of such volume of water shall also be registered. Registration shall be in addition to any required permits.
II. No registration shall be transferred to another person without written notification to the commissioner.
488:4 Measurement Required. Each withdrawal, discharge, or transfer required to be registered under this chapter shall be metered or measured by a technically appropriate and verifiable method approved by the commissioner. Withdrawals and discharges shall be measured at the point of withdrawal or discharge, respectively. Transfers shall be measured at a technically appropriate point approved by the commissioner.
488:5 Application for Registration. Registration shall be in a form prescribed by the commissioner.
488:6 Recordkeeping. The registrant shall keep records that include the amount of water being withdrawn, discharged, or transferred, the location, the frequency, date, time, and the rate of withdrawal, discharge, or transfer and other information the commissioner may require to fulfill the purpose of this chapter. The registrant shall submit records to the department in a form and at a frequency prescribed by the commissioner.
488:7 Compliance.
I. Registration and withdrawal of water under RSA 488:3 shall be deemed to grant permission to the department to enter onto the registered property to review compliance with the provisions of the registration.
II. Upon obtaining credible information that any person is not registered in accordance with RSA 488:3, I and is withdrawing, discharging, or transferring a cumulative amount of more than 20,000 gallons of water per day, averaged over any 7-day period, or more than 600,000 gallons of water over any 30-day period, at a single real property or place of business, the department may obtain an administrative inspection warrant in accordance with RSA 595-B to determine compliance with the registration requirements.
488:8 Administrative Fines.
I. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who knowingly:
(a) Violates any provision of this chapter or any rule or order adopted or issued under it.
(b) Makes any material false statement in any document required to be filed or maintained.
(c) Renders inaccurate, falsifies, or tampers with any monitoring device or method.
II. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541.
III. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner may assess additional fines upon any person who has received written notification from the department regarding violations of the provisions of this chapter or rules adopted pursuant to this chapter, if the violations have not been mitigated within 30 days of receipt of notification.
488:9 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. The content and structure of all forms pertaining to registrations to be received or issued by the department, including information and other materials to be submitted with the registration.
II. The form, content, structure, and frequency of filing of the records required under this chapter. The commissioner shall balance resource management objectives with the economic impact of filings when determining the substance of this rule and shall also give consideration to proprietary and confidentiality concerns.
III. Criteria and methodology for water withdrawal, transfer, and discharge measurement.
IV. Criteria to identify actions that constitute withdrawals, transfers, or discharges required to be registered pursuant to this chapter.
V. A schedule of administrative fines which may be imposed under this chapter for violation of this chapter or rules adopted pursuant to this chapter.
VI. Procedures for notice and hearing prior to the imposition of an administrative fine.
488:10 Appeals. Unless otherwise specified, actions of the department may be appealed in accordance with RSA 21-O:14.
488:11 Exemption. This chapter shall not apply to a discrete withdrawal arising from an emergency event.
240:2 Exotic Aquatic Weeds and Species Committee; Membership. Amend RSA 487:30, II(a)(2) to read as follows:
(2) One member of the senate and one public member, appointed by the president of the senate.
240:3 Effective Date.
I. Section RSA 488:8 as inserted by section 1 of this act shall take effect January 1, 2007.
II. Section 2 of this act shall take effect upon its passage.
III. The remainder of this act shall take effect January 1, 2006.
(Approved: July 14, 2005)
(Effective Date: I. Section RSA 488:8 as inserted by section 1 shall take effect January 1, 2007
II. Section 2 shall take effect July 14, 2005
III. Remainder shall take effect January 1, 2006)