Section Env-Dw 303.09 - Sanitary Protective Area(a) The sanitary protective area for any source shall be determined as specified in Env-Dw 302.10(a) and (b), regardless of the type of source or proposed capacity.(b) The department shall not approve a source unless the applicant owns all the land within the sanitary protective area or controls it by other legal means, such as by recorded easement. If the applicant's control of the sanitary protective area is time-limited, the department's approval of the source shall be equally time-limited.(c) If a source is approved, the applicant shall maintain the sanitary protective area of the source in a natural state at all times except as necessary for activities necessary for the use and maintenance of the wellhead that do not pose a contamination risk to groundwater.(d) No underground utilities shall be installed within the sanitary protective area except for conduits for water derived from the source or electrical or communication lines. In specific cases where this requirement imposes unusual constraints on construction, the department shall allow other installations if the applicant demonstrates by clear and convincing evidence that the construction methods and materials proposed to be used will not increase the risk of contamination within the sanitary protective area.(e) No person shall discharge to the sanitary protective area any drainage prohibited by Env-Dw 302.10(e).N.H. Code Admin. R. Env-Dw 303.09
(See Revision Note at part heading for Env-Dw 303) #8998, eff 9-29-07
Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11059, Effective 4/1/2016, Expires 4/1/2026.