Section Env-Dw 902.04 - Restriction of Activities Beyond The Setback From Streams and Shorelines(a) The rules in Env-Dw 902.07 through Env-Dw 902.35 shall apply to also restrict activity beyond the shoreline setback if the department determines that such activity would endanger water quality.(b) The department shall consider the following factors when determining whether an activity beyond the shoreline setback would endanger water quality: (2) Amount of contaminant generated by the activity;(3) Persistence of the contaminant;(4) Distance and topography between the contaminant locus and the water supply intake; and(5) Application of best management practices (BMPs) or best available treatment (BAT).(c) Prior to making a determination, the department shall conduct a public hearing: (1) In a location within the watershed that would be affected by a determination or, if there is not a suitable location within the watershed, in a location that is near the watershed; and(2) In accordance with the provisions of Env-C 200 that apply to non-adjudicative proceedings.(d) If the department determines that, due to the type, amount, and persistence of the contaminant and the topography and distance between the activity that generates the contaminant and the water supply intake, the contaminant cannot be reduced to a safe level through the application of BMPs or BAT, the department shall issue a written notice advising the water supplier and the person undertaking the activity that the activity shall be restricted to a specified distance from the water supply intake, with or without BMPs or BAT, so that the activity will not pose a threat to the water taken in by the water system.N.H. Admin. Code § Env-Dw 902.04
(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14
Amended by Volume XLI Number 45, Filed November 10, 2021, Proposed by #13286, Effective 10/26/2021, Expires 10/26/2031