Section Env-Dw 302.16 - Criteria and Procedures for Approval of the Preliminary Report(a) The department shall approve or deny the preliminary report in writing within 45 days of: (1) Closure of the written public comment period required pursuant to RSA 485-C:21, if applicable; or(2) Receipt of all information required by Env-Dw 302.05(a), if RSA 485-C:21 does not apply.(b) The department shall approve the preliminary report upon determining that:(1) The report contains all information required by Env-Dw 302.05(a);(2) The information contained in the report is complete and correct; and(3) Public notification requirements required by RSA 485-C:21 have been completed.(c) If the report fails to meet any of the criteria listed in (b), above, the notice sent pursuant to (a), above, shall specify the area(s) in which the report is deficient.(d) The department shall advise the applicant not to proceed further in the well siting process if information concerning known contamination sources evaluated in accordance with Env-Dw 302.13 indicates that an adequate contamination control program can not be implemented to prevent degradation of water quality at the proposed well.(e) The department shall advise the applicant when, based on the information provided in the preliminary report, a waiver will be required for a specific requirement of these rules.(f) The department shall require additional sampling to be conducted at the production well or other monitoring points if review of the preliminary report indicates the possible presence of contamination sources.(g) The department shall include such conditions in the preliminary report approval as are necessary to ensure compliance with this part and protection of public health and the environment.N.H. Code Admin. R. Env-Dw 302.16
(See Revision Note at part heading for Env-Dw 302) #9008, eff 10-19-07
Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11061, Effective 4/1/2016, Expires 4/1/2026.