Bill Text - SB127 (2017)

(New Title) relative to dissolved oxygen water quality standards.


Revision: March 30, 2017, 12:52 p.m.

SB 127 - AS AMENDED BY THE SENATE

 

02/09/2017   0277s

2017 SESSION

17-0953

08/01

 

SENATE BILL 127

 

AN ACT relative to dissolved oxygen water quality standards.

 

SPONSORS: Sen. Gray, Dist 6; Sen. Watters, Dist 4

 

COMMITTEE: Energy and Natural Resources

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill defines 7Q10 flows for the purpose of classification of waters.

 

This bill also authorizes the department of environmental services to make rules regarding dissolved oxygen water quality standards.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/09/2017   0277s 17-0953

08/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to dissolved oxygen water quality standards.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Definitions; 7Q10.  Amend RSA 485-A:2 by inserting after paragraph XXIII the following new paragraph:

XXIV.  "7Q10" means the lowest average flow that occurs for 7 consecutive days on an annual basis with a recurrence interval of once in 10 years on average, expressed in terms of volume per time period.

2  Dissolved Oxygen; Surface Waters of the State.  Amend RSA 485-A:8, II to read as follows:

II.  Class B waters shall be of the second highest quality and shall have no objectionable physical characteristics[, shall contain a dissolved oxygen content of at least 75 percent of saturation,] and shall contain not more than either a geometric mean based on at least 3 samples obtained over a 60-day period of 126 Escherichia coli per 100 milliliters, or greater than 406 Escherichia coli per 100 milliliters in any one sample; and for designated beach areas shall contain not more than a geometric mean based on at least 3 samples obtained over a 60-day period of 47 Escherichia coli per 100 milliliters, or 88 Escherichia coli per 100 milliliters in any one sample; unless naturally occurring.  There shall be no disposal of sewage or waste into said waters except those which have received adequate treatment to prevent the lowering of the biological, physical, chemical or bacteriological characteristics below those given above, nor shall such disposal of sewage or waste be inimical to aquatic life or to the maintenance of aquatic life in said receiving waters.  The pH range for said waters shall be 6.5 to 8.0 except when due to natural causes.  The commissioner shall adopt rules, under RSA 541-A, relative to dissolved oxygen water quality standards in a manner consistent with EPA guidance on dissolved oxygen water criteria published pursuant to section 304(a) of the Clean Water Act, and other relevant scientific information.  Any stream temperature increase associated with the discharge of treated sewage, waste or cooling water, water diversions, or releases shall not be such as to appreciably interfere with the uses assigned to this class.  The waters of this classification shall be considered as being acceptable for fishing, swimming and other recreational purposes and, after adequate treatment, for use as water supplies.  Where it is demonstrated to the satisfaction of the department that the class B criteria cannot reasonably be met in certain surface waters at all times as a result of combined sewer overflow events, temporary partial use areas shall be established by rules adopted under RSA 485-A:6, XI-c, which meet, as a minimum, the standards specified in paragraph III.  The commissioner shall not calculate nutrient discharge limits for aquatic life and human health criteria based on 7Q10 flow or such other flow criteria more restrictive than 7Q10.

II-a.  The commissioner shall adopt rules, under RSA 541-A, relative to dissolved oxygen water quality standards for tidal and saline waters in a manner consistent with EPA guidance on dissolved oxygen water criteria published pursuant to section 304(a) of the Clean Water Act, and other relevant scientific information.

3  New Paragraph; Rulemaking; Dissolved Oxygen Concentration Water Quality Standards.  Amend RSA 485-A:6, XIII by inserting after paragraph XIII the following new paragraph:

XIV.  Dissolved oxygen concentration water quality standards under RSA 485-A:8, II and II-a.

4  Effective Date.  This act shall take effect 60 days after its passage.

SB 127 - AS AMENDED BY THE SENATE

 

02/09/2017   0277s

2017 SESSION

17-0953

08/01

 

SENATE BILL 127

 

AN ACT relative to dissolved oxygen water quality standards.

 

SPONSORS: Sen. Gray, Dist 6; Sen. Watters, Dist 4

 

COMMITTEE: Energy and Natural Resources

 

-----------------------------------------------------------------

 

AMENDED ANALYSIS

 

This bill defines 7Q10 flows for the purpose of classification of waters.

 

This bill also authorizes the department of environmental services to make rules regarding dissolved oxygen water quality standards.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

02/09/2017   0277s 17-0953

08/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to dissolved oxygen water quality standards.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Definitions; 7Q10.  Amend RSA 485-A:2 by inserting after paragraph XXIII the following new paragraph:

XXIV.  "7Q10" means the lowest average flow that occurs for 7 consecutive days on an annual basis with a recurrence interval of once in 10 years on average, expressed in terms of volume per time period.

2  Dissolved Oxygen; Surface Waters of the State.  Amend RSA 485-A:8, II to read as follows:

II.  Class B waters shall be of the second highest quality and shall have no objectionable physical characteristics[, shall contain a dissolved oxygen content of at least 75 percent of saturation,] and shall contain not more than either a geometric mean based on at least 3 samples obtained over a 60-day period of 126 Escherichia coli per 100 milliliters, or greater than 406 Escherichia coli per 100 milliliters in any one sample; and for designated beach areas shall contain not more than a geometric mean based on at least 3 samples obtained over a 60-day period of 47 Escherichia coli per 100 milliliters, or 88 Escherichia coli per 100 milliliters in any one sample; unless naturally occurring.  There shall be no disposal of sewage or waste into said waters except those which have received adequate treatment to prevent the lowering of the biological, physical, chemical or bacteriological characteristics below those given above, nor shall such disposal of sewage or waste be inimical to aquatic life or to the maintenance of aquatic life in said receiving waters.  The pH range for said waters shall be 6.5 to 8.0 except when due to natural causes.  The commissioner shall adopt rules, under RSA 541-A, relative to dissolved oxygen water quality standards in a manner consistent with EPA guidance on dissolved oxygen water criteria published pursuant to section 304(a) of the Clean Water Act, and other relevant scientific information.  Any stream temperature increase associated with the discharge of treated sewage, waste or cooling water, water diversions, or releases shall not be such as to appreciably interfere with the uses assigned to this class.  The waters of this classification shall be considered as being acceptable for fishing, swimming and other recreational purposes and, after adequate treatment, for use as water supplies.  Where it is demonstrated to the satisfaction of the department that the class B criteria cannot reasonably be met in certain surface waters at all times as a result of combined sewer overflow events, temporary partial use areas shall be established by rules adopted under RSA 485-A:6, XI-c, which meet, as a minimum, the standards specified in paragraph III.  The commissioner shall not calculate nutrient discharge limits for aquatic life and human health criteria based on 7Q10 flow or such other flow criteria more restrictive than 7Q10.

II-a.  The commissioner shall adopt rules, under RSA 541-A, relative to dissolved oxygen water quality standards for tidal and saline waters in a manner consistent with EPA guidance on dissolved oxygen water criteria published pursuant to section 304(a) of the Clean Water Act, and other relevant scientific information.

3  New Paragraph; Rulemaking; Dissolved Oxygen Concentration Water Quality Standards.  Amend RSA 485-A:6, XIII by inserting after paragraph XIII the following new paragraph:

XIV.  Dissolved oxygen concentration water quality standards under RSA 485-A:8, II and II-a.

4  Effective Date.  This act shall take effect 60 days after its passage.