SB 402 – AS AMENDED BY THE SENATE
2008 SESSION
06/10
SENATE BILL 402
AN ACT relative to large groundwater permitting requirements for wells installed prior to 1998.
SPONSORS: Sen. Cilley, Dist 6; Sen. Fuller Clark, Dist 24; Rep. Spang, Straf 7; Rep. Moody, Rock 12; Rep. Beaulieu, Hills 17; Rep. Buco, Carr 1
COMMITTEE: Energy, Environment and Economic Development
This bill exempts wells installed and operated before 1998 from large groundwater permitting requirements.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/06/08 0689s
08-2725
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to large groundwater permitting requirements for wells installed prior to 1998.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Rulemaking. Amend RSA 485-C:4, XII to read as follows:
XII. All new large groundwater withdrawals of 57,600 gallons or more in any 24-hour period from a well or wells at a single property or business sited after July 31, 1998. Such rules shall include:
(a) Criteria and procedures for requiring persons to identify and address impacts of withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the potential impact area of the proposed withdrawal as defined in RSA 485-C:21, V-e.
(b) Requirements relative to conservation management plans which demonstrate the need for the proposed withdrawals, to be submitted by the persons seeking approval for a withdrawal.
(c) Procedures by which the department may deny permission for withdrawals or order the applicant to provide a response policy, as provided by department rules, for provision of alternative water supply at no initial capital cost to persons whose wells are adversely affected by the proposed withdrawal or order reduced withdrawals if hydrogeologic data indicate that water-related resources are being adversely affected by the withdrawals.
XIII. Increased withdrawals of 57,600 gallons or more in any 24-hour period beyond the historic maximum withdrawal volume in any 24-hour period under RSA 488:12 from a well or wells sited at a single property or place of business prior to August 1, 1998, and including withdrawals from wells at a single property or place of business sited after July 31, 1998 that are not subject to the requirements of paragraph XII. Such rules shall include:
(a) Criteria and procedures for requiring persons to identify and address effects of withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the potential impact area of the proposed withdrawal as defined in RSA 485-C:21, V-e.
(b) Criteria and procedures for the use of data obtained from existing hydrogeological studies if available, in place of conducting new studies if such data is substantially equivalent to the information required by subparagraph (a).
(c) Requirements relative to conservation management plans which demonstrate the need for the proposed withdrawals, to be submitted by the persons seeking approval for a withdrawal.
(d) Procedures by which the department may deny permission for withdrawals or order the applicant to provide a response policy, as provided by department rules, for provision of alternative water supply at no initial capital cost to persons whose wells are adversely affected by the proposed withdrawal or order reduced withdrawals if hydrogeologic data indicate that water-related resources are being adversely affected by the withdrawals.
2 Approval for Large Groundwater Withdrawals. Amend the section heading of RSA 485-C:21 to read as follows:
485-C:21 Approval for Large Groundwater Withdrawals from New Wells and Increased Withdrawals from Existing Wells.
3 New Paragraph; Approval for Large Groundwater Withdrawals from New Wells and Increased Withdrawals from Existing Wells. Amend RSA 485-C:21 by inserting after paragraph I the following new paragraph:
I-a. Effective January 1, 2008, no person may increase withdrawals by 57,600 gallons in any 24-hour period beyond the historic maximum withdrawal volume in any 24-hour period as established by RSA 488:12 without prior approval of the department from a well or wells at a single property or place of business that were:
(a) Sited prior to August 1, 1998; and
(b) Sited after August 1, 1998 that are not subject to the requirements of paragraph I, above.
4 Approval for Large Groundwater Withdrawals from New Wells and Increased Withdrawals from Existing Wells. Amend RSA 485-C:21, II to read as follows:
II. Applications for approval of water withdrawals of 57,600 gallons or more per day subject to paragraph I or I-a shall be filed with the department on a form approved by the department. A preliminary report submitted by a public water system pursuant to department rules shall be an application for purposes of this section. Copies of the application and any subsequent materials submitted to the department shall be forwarded by certified mail by the applicant 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. The department shall provide the governing body of each municipality with copies of any mailed correspondence sent to the applicant. The department shall provide the applicant with copies of any mailed correspondence sent to or received from the governing body of a municipality.
5 New Paragraph; Approval for Large Groundwater Withdrawals from New Wells and Increased Withdrawals from Existing Wells. Amend RSA 485-C:21 by inserting after paragraph V-e the following new paragraphs:
V-f. The applicant may not comply with the requirements of RSA 485-C:14-a, RSA 485-C:21, II, III, and IV if it submits only a final application that relies solely on information submitted in accordance with RSA 485-C:4, XIII.
V-g. Copies of the final application submitted pursuant to paragraph V-f and any subsequent materials submitted to the department shall be forwarded by certified mail by the applicant 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. The department shall provide the governing body of each municipality with copies of any mailed correspondence sent to the applicant. The department shall provide the applicant with copies of any mailed correspondence sent to or received from the governing body of a municipality.
6 New Section; Exemptions For Large Groundwater Withdrawals. Amend RSA 485-C by inserting after section 22 the following new section:
485-C:23 Exemptions for Large Groundwater Withdrawals.
I. Large groundwater withdrawals associated with a groundwater contamination remediation project approved by the department shall be exempt from the requirements of RSA 485-C:4 XII and XIII, RSA 485-C:14-a, and RSA 485-C:21.
II. Large groundwater withdrawal associated with discreet short-term uses of water such as temporary construction dewatering or water supply exploration shall be exempt from the requirements of RSA 485-C:4 XII and XIII, RSA 485-C:14-a, and RSA 485-C:21.
III. Large groundwater withdrawals approved by the department prior to August 1, 1998 for a community water system as defined by RSA 485:1-a shall be exempt from the requirements of RSA 485-C:4 XII and XIII, RSA 485-C:14-a, and RSA 485-C:21.
7 New Paragraph; Registration Required. Amend RSA 488:3 by inserting after paragraph I the following new paragraph:
I-a. No person shall withdraw more than 57,000 gallons of groundwater in any 24-hour period without registering the withdrawal with the department.
8 New Paragraph; Rulemaking. Amend RSA 488:9 by inserting after VI the following new paragraph:
VII. Criteria to identify temporary and short-term uses of water that are exempt from the requirements of this chapter in accordance with RSA 488:11.
9 Exemption. Amend RSA 488:11 to read as follows:
488:11 Exemption.
I. This chapter shall not apply to a discrete withdrawal arising from an emergency event.
II. This chapter shall not apply to a discrete withdrawal arising from water supply exploration, construction dewatering, or other temporary short-term uses of water as determined by the department.
10 New Sections; Determination of Maximum 24-Hour Withdrawal Volume from a Well or Wells Sited at a Single Property or Place of Business. Amend RSA 488 by inserting after section 11 the following new sections:
488:12 Determination of Maximum 24-hour Withdrawal Volume From a Well or Wells Sited at a Single Property or Place Of Business.
I. By July 31, 2010, any person required to register and report the withdrawal of groundwater in accordance with this chapter shall provide information to the department demonstrating the maximum amount of water extracted not associated with well testing, water supply exploration, or equipment malfunction in any 24-hour period from a well or wells at a single property or place of business from January 1, 1989 through January 2008.
II. Water use information required under paragraph I shall be based on historical records of actual water use measurements.
III. Where information described in II is not available, water use information required by II shall be estimated using best available information including, but not limited to
(a) Historical water use information.
(b) Records of machine or process runtime.
(c) Electrical consumption records.
(d) Production and sales records.
IV. The commissioner shall:
(a) Approve water use information submitted under paragraph II or III if the estimate of water use is technically appropriate and relies on best available information; or
(b) Determine that a person is not in compliance with the requirements of RSA 488:12 when information submitted under paragraph I or II above is determined to not be technically appropriate and based on best available information,
488:13 Cease and Desist Orders
I. The department may issue a written cease and desist order regarding the withdrawal of groundwater for any violation of RSA 488:12.
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.
11 Reference Removed. Amend RSA 485-C:14-a to read as follows:
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.
12 Effective Date. This act shall take effect 60 days after its passage.
LBAO
08-2725
Amended 03/17/08
SB 402 FISCAL NOTE
AN ACT relative to large groundwater permitting requirements for wells installed prior to 1998.
FISCAL IMPACT:
The Department of Environmental Services states this bill, as amended by the Senate (Amendment #2008-0689s), will increase state expenditures by $25,978 in FY 2009 and each year thereafter and may increase local expenditures by an indeterminable amount in FY 2009 and each year thereafter. There will be no fiscal impact on county expenditures or state, county, and local revenue.
METHODOLOGY:
The Department of Environmental Services states this bill will require a large groundwater withdrawal permit for wells sited at a single property or place of business that meet certain criteria and increase ground water withdrawals by 57,600 gallons or more in a 24 hour period. The Department assumes it will need to obtain daily water use data and process additional large groundwater withdrawal permit applications. The Department estimates the increased workload will require the addition of a staff person at .50 full-time equivalent (FTE). The Department determined the salary and benefits of this person would increase expenditures as follows:
FY 2009 |
FY 2010 |
FY 2011 |
FY 2012 | |
Staff Person (LG 28) @ .50 FTE |
$24,132 |
$24,132 |
$24,132 |
$24,132 |
Benefits @ 7.65 % |
1,846 |
1,846 |
1,846 |
1,846 |
Total |
$25,978 |
$25,978 |
$25,978 |
$25,978 |
The Department states local governments operating public water systems, wells associated with irrigation of turf areas, or otherwise use groundwater will be subject to the requirements of this bill. The Department estimates the costs associated with complying with large groundwater withdrawal permitting is between $30,000 and $100,000 per application. The cost is dependent on the complexity of the hydrogeology and the number and proximity of water users and resources to a given site.
The Department indicates state law does not stipulate any fees associated with applying for a large groundwater withdrawal permit.
This bill does not provide an appropriation or authorization for additional positions.