N.H. Code Admin. R. Env-Dw 303.25

Current through Register No. 25, June 20, 2024
Section Env-Dw 303.25 - Approval of New Sources
(a) Upon receipt of an application submitted pursuant to Env-Dw 303.07, the department shall review the application to determine whether all required information and materials are included.
(b) If the application does not contain all of the required information and materials, the department shall notify the applicant in writing of:
(1) What information and materials are missing;
(2) A reasonable deadline for submitting the information and materials, established based on the type and quantity of information and materials needed; and
(3) The consequences of not providing the specified information and materials by the specified deadline, namely that the application will be denied.
(c) If the applicant does not provide the missing information and materials by the deadline specified in the notice sent pursuant to (b), above, or such extended date that the applicant and the department have agreed to, the department shall deny the application and notify the applicant in writing of the denial and the basis therefor.
(d) Subject to (e), below, the department shall approve the source and notify the applicant and the department of health and human services that the source has been approved if it determines that:
(1) The application contains all the required information;
(2) The department concurs with the source classification designation prepared in accordance with Env-Dw 303.19; and
(3) All applicable requirements of Env-Dw 303 have been met.
(e) The application shall be denied if a contamination source is present in the protected area and the information submitted with the application does not demonstrate that the groundwater source of bottled water will be protected from the contamination source.
(f) For a withdrawal designated as a large groundwater withdrawal, approval by the department shall be contingent on compliance with notification, impact assessment, and mitigation requirements pursuant to RSA 485-C:21, and permitting requirements of Env-Wq 403.
(g) The approval shall include such conditions for supplemental assessments, sampling, monitoring, record keeping and reporting as are necessary to verify compliance with these rules.
(h) Source approval shall expire 5 years after issuance if the source has not started producing bottled water within that time.

N.H. Code Admin. R. Env-Dw 303.25

(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.