Section Env-Wq 1008.12 - Standard Release Form for Protective Well Radii(a) The applicant shall provide the following on the standard release form: (1) Whether the release is being executed because the well has been moved from the location shown on the approved plan or because the well does not fit on an existing lot of record;(2) The name and current mailing address of each owner of the lot;(3) The location of the property, including street address, town, county, tax map and lot number, and current deed reference;(4) If applicable, the subdivision approval number and construction approval number;(5) A statement that each owner understands that the well will be located closer than the recommended extent of a protective well radius to the property line;(6) A statement that each owner understands that current state law does not protect the well beyond the boundary of the property and that the rules of the department allow an individual sewage disposal system to be installed as close as 10 feet to the property line, which might result in an individual sewage disposal system on abutting property being installed closer than 75 feet to the well;(7) A statement that each owner understands that s/he cannot prevent an individual sewage disposal system from being installed on abutting property within 10 feet of the property boundary solely on the basis of the well location;(8) A statement that each owner understands that with proper well construction, including drilling the well into bedrock, casing the well, and sealing the casing, the risk of contamination from any individual sewage disposal system closer than 75 feet to the well can be minimized; and(9) A statement that each owner understands that s/he might have no recourse against the State of New Hampshire or any owner of the abutting property if the well becomes contaminated due to the decreased set-back distance.(b) Each owner of the property shall sign and date the release form and shall cause the form to be recorded at the appropriate registry of deeds.(c) The owner(s) of the property shall submit a copy of the recorded executed release form to the department and, if requested, to the local code enforcement officer or other local official designated by the municipality.N.H. Code Admin. R. Env-Wq 1008.12
(See Revision Note at chapter heading for Env-Wq 1000) #9086, eff 2-9-08; amd by #9904-A, eff 4-16-11
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11184, Effective 10/1/2016, Expires 10/1/2026.