CHAPTER 89
HB 459 – FINAL VERSION
27Mar2007… 0475h
2007 SESSION
06/10
HOUSE BILL 459
AN ACT relative to the identification of wells and monitoring wells.
SPONSORS: Rep. Spang, Straf 7; Rep. Fargo, Straf 4; Rep. Beaulieu, Hills 17; Sen. Cilley, Dist 6; Sen. Fuller Clark, Dist 24
COMMITTEE: Resources, Recreation and Development
This bill:
I. Requires water well contractors and technical drillers of monitoring wells to supply specific information to the water well board.
II. Limits the availability of information or records compiled in the records of wells.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Mar2007… 0475h
07-0537
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to the identification of wells and monitoring wells.
Be it Enacted by the Senate and House of Representatives in General Court convened:
89:1 Record of Wells. Amend RSA 482-B:10 to read as follows:
482-B:10 Record of Wells; Monitoring Wells.
I. Within 90 days after completion of a well, [a] the water well contractor shall provide the board with a record of the well containing [such] the following information [as is required by rule.]:
(a) Name of the owner of the property on which the well is situated.
(b) Name of the building contractor, if applicable.
(c) Location of the well by:
(1) Coordinates provided by global positioning technology in units of degrees and decimal minutes of latitude and longitude, with at least 3 decimal places of precision and referenced to the World Geodetic System 1984 (WGS 84) datum or its successor;
(2) Street address of the property as listed in the enhanced 911 street address guide to the extent it is publicly available on the date of submission of the report;
( 3) Tax map and lot number of the property; and
(4) A drawing indicating the position of each well, if more than one well is located within the lot, relative to significant permanent man-made or natural features at a given site.
(d) Date well was completed.
(e) Proposed use of well.
(f) Reason for constructing well.
(g) Type of well.
(h) Total depth of well.
(i) Casing details.
(j) Method or methods of sealing casing into bedrock, if applicable.
(k) Screen details, if applicable.
(l) Results, method, and duration of yield test or tests conducted.
(m) Static water level, if encountered.
(n) Depth to bedrock.
(o) Description and depth intervals of unconsolidated surficial deposits encountered during the well drilling process.
(p) Yield test at various depths, if performed.
(q) Hydro fracturing or other well development details, if applicable.
(r) Name of water well contractor or technical driller.
(s) Additional well seals installed, if applicable.
(t) A statement specifying whether a water quality sample was collected by the driller.
(u) If the well location does not comply with setback requirements for wells under New Hampshire law or rules of the water well board, a statement identifying the law or rule with which the wells do not comply.
(v) Date of the report.
(w) Any other information required by rules adopted by the water well board.
II. At a minimum, the technical drillers shall comply with the requirements of paragraph I for the deepest monitoring well installed at each property or place of business and for each monitoring well installed into the bedrock at each property or place of business.
III. If the technical driller does not comply with the requirements of paragraph I for all the monitoring wells the driller installs at a single property or place of business, then the technical driller shall prepare and submit a map showing the location of each monitoring well installed by the technical driller relative to significant permanent man-made or natural features at a given site and relative to wells located with GPS coordinates in accordance with paragraph I.
89:2 Sharing of Data for the Purpose of Maintaining Records of Wells. Amend RSA 106-H:14 to read as follows:
106-H:14 Information Not Subject to Right-to-Know Law. Any information or records compiled under this chapter shall not be considered a public record for the purposes of RSA 91-A regardless of the use of such information under paragraph I or II. Notwithstanding any provision of law to the contrary, the bureau shall only make information or records compiled under this chapter available as follows:
I. On a case-by-case basis to a law enforcement agency that requires the information or records for investigative purposes[.]; and
II. To the department of environmental services solely for the purpose of estimating the location of wells subject to RSA 482-B. Information shared with the department of environmental services under this provision shall be limited to geographic information systems data that will aid in locating such wells. The department of environmental services shall not release such shared data under RSA 91-A.
89:3 Effective Date. This act shall take effect 180 days after its passage.
Approved: June 11, 2007
Effective: December 8, 2007