N.H. Code Admin. R. Env-Wq 1708.01

Current through Register No. 25, June 20, 2024

Section Env-Wq 1708.01 - Purpose

The purpose of these antidegradation provisions is to ensure that the following requirements of 40 CFR 131.12 are met:

(a) Existing uses and the level of water quality necessary to protect the existing uses shall be maintained and protected;

(b) Where the quality of a surface water exceeds the level necessary to support recreation in and on the water and propagation of fish, shellfish, and wildlife, such quality shall be maintained and protected, subject to the following:

(1) The department shall not approve a proposed discharge or activity that would cause a significant change in water quality as specified in Env-Wq 1708.09 unless the department finds, after full satisfaction of the intergovernmental coordination and public participation requirements and the analysis required by Env-Wq 1708.10, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the surface water is located; and

(2) The department shall not approve any proposed discharge or activity that might cause degradation or lower water quality, without such conditions as are necessary to ensure that:

a. Water quality will be adequate to fully protect existing uses;

b. The highest statutory and regulatory requirements will be achieved for all new and existing point sources; and

c. All cost effective and reasonable best management practices for nonpoint source control will be implemented;

(c) Where high quality surface waters constitute an outstanding resource waters (ORW), that water quality shall be maintained and protected; and

(d) In those cases where a potential water quality impairment is associated with a thermal discharge, the antidegradation provisions shall ensure that the requirements of Section 316 of the Clean Water Act are met.

N.H. Code Admin. R. Env-Wq 1708.01

(See Revision Note #1 at chapter heading for Env-Wq 1700) #7151, eff 12-10-99; ss by #9034, INTERIM, eff 12-10-07; ss by #9162, eff 5-21-08 (See Revision Note #2 at chapter heading for Env-Wq 1700)

Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12042, Effective 12/1/2016, Expires 12/1/2026.