Section Env-Dw 305.29 - Criteria for Approval of New Small Production Wells(a) The department shall approve or not approve the well documented in the final report in writing within 30 days of receipt of all information required by Env-Dw 305.26(c).(b) The department shall approve the well upon determining that: (1) The final report contains all required information;(2) The information provided is complete and correct; and(3) All applicable requirements of Env-Dw 305 and We 600 have been met.(c) If the final report does not meet all of the criteria in (b), above, the notice sent pursuant to (a), above, shall identify the reason(s) for the denial.(d) The department shall not approve the well if any of the following are true: (1) One or more contamination source(s) is present in the wellhead protection area and the contamination control program prepared in accordance with Env-Dw 305.23 does not ensure that contamination will not degrade water quality at the well;(2) The well was not constructed as specified in Env-Dw 305.25;(3) The applicant failed to obtain legal control of the sanitary protective area as required by Env-Dw 305.10(c) and did not obtain a waiver to the requirement;(4) Drawdown in the well exceeds 35 feet per gallon per minute of yield, unless hydrogeologic data support and field measurements from the pumping test or additional testing demonstrate that drawdown in the well has stabilized at a yield that is sustainable;(5) Within a duration of time not exceeding the pumping period of the pumping test, the water level in the well did not recover to within 2 feet of the static water level measured at the beginning of the pumping test or to a minimum of 90% of the total drawdown measured during the test;(6) The extrapolated 180-day drawdown exceeds 90% of the total available drawdown in the proposed production well at the production volume sought for approval;(7) The applicant failed to perform any activity or meet any of the requirements contained in these rules; or(8) The applicant failed to obtain approval for the water conservation plan required by Env-Wq 2101.(e) The department shall include such conditions in the final approval as are necessary to ensure compliance with this part and protection of the public health.N.H. Code Admin. R. Env-Dw 305.29
Adopted by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11062, Effective 4/1/2016, Expires 4/1/2026.