HB 1348 – AS INTRODUCED
2010 SESSION
06/04
HOUSE BILL 1348
AN ACT relative to enforcement of surface water classification.
SPONSORS: Rep. Spang, Straf 7; Rep. Kappler, Rock 2; Rep. Abbott, Rock 12; Rep. Kaen, Straf 7; Rep. G. Richardson, Merr 4; Sen. Fuller Clark, Dist 24; Sen. Cilley, Dist 6; Sen. Merrill, Dist 21; Sen. Odell, Dist 8
COMMITTEE: Resources, Recreation and Development
This bill clarifies the enforcement of classification for surface water.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2309
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to enforcement of surface water classification.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Water Pollution and Waste Disposal; Enforcement of Classification. Amend RSA 485-A:12, I and II to read as follows:
I. After adoption of a given classification for a [stream, lake, pond, tidal water, or section of such] surface water, [the department shall enforce such classification by appropriate action in the courts of the state, and] it shall be unlawful for any person or persons to [dispose of]:
(a) Discharge any sewage, industrial, or other wastes, either alone or in conjunction with any other person or persons, in such a manner as will lower the quality of the [waters of the stream, lake, pond, tidal water, or section of such] surface water below the minimum requirements of the adopted classification[.]; or
(b) Cause, allow, or contribute to any other activity that lowers the quality of the surface water below the minimum requirements of the adopted classification, including but not limited to diversion of water, removing trees or other riparian vegetation so as to alter water temperature, or increase the potential for stormwater run-off.
I-a. If the department shall set a time limit under paragraph II for abatement of pollution [under] or for cessation or modification of an activity that is prohibited by paragraph [II] I, and it becomes apparent at any time during the compliance period that full compliance with the adopted classification will not be attained by the end of such period due to the failure of any person to take action reasonably calculated to [secure abatement of] abate the pollution or to cease or modify the activity within the time specified, the department shall notify such person or persons in writing. If such person or persons shall fail or neglect to take appropriate steps to comply with the classification requirements within a period of 30 days after such notice, the department shall seek appropriate action in the courts of the state.
II. If, after adoption of a classification of any [stream, lake, pond, or tidal water, or section of such] surface water, including those classified by RSA 485-A:11, [it is found] the department finds that there is a source or sources of pollution, or any other activity is occurring, which [lower] lowers the quality of the waters in question below the minimum requirements of the classification so established, the person or persons responsible for the [discharging] discharge of such pollution or for causing, allowing, or contributing to the activity shall be required to abate such pollution or cease or modify the activity within a time to be fixed by the department. If such pollution is of municipal [or industrial] origin, the time limit set by the department for such abatement shall be not less than 2 years nor more than 5 years unless the discharge can reasonably be abated in less than 2 years. For good cause shown, the department may from time to time extend any time limit established under this paragraph. Any determination by the department under this paragraph shall be subject to appeal as provided for in RSA 485-A:19.
2 Effective Date. This act shall take effect upon its passage.