Section Env-Wq 2101.02 - Applicability(a) As specified in RSA 485:61, II, these rules shall apply to "all new permit applicants and applications for water withdrawals subject to the provisions of RSA 485:3, RSA 485:48, RSA 485-C:21, RSA 485-A:12, IV, and section 401 of the Clean Water Act."(b) Pursuant to Laws of 2002, 142:3, effective July 12, 2002, the "rules developed under RSA 485:61 shall apply to all new water withdrawal permit applications approved under RSA 485:61, II on or after the effective date of this act."(c) Subject to (d) and (e) below, the specific applicants and applications for water withdrawals covered by (a) above shall be as follows:(1) Sources of groundwater for community water systems for which an application is filed pursuant to Env-Dw 302 or Env-Dw 305;(2) Sources of groundwater for bottled and bulk water operations for which an application is filed pursuant to Env-Dw 303;(3) Sources of groundwater where withdrawals exceed 57,600 gallons over any 24-hour period for which an application is filed pursuant to Env-Wq 403;(4) Surface water sources associated with projects that require a water quality certification pursuant to Section 401 of the federal Clean Water Act for which an application is filed; and(5) Surface water sources that require water quality certification pursuant to RSA 485-A:12, IV for which an application is filed.(d) These rules shall not apply to applicants for a water withdrawal from a surface water source that will be used solely for non-consumptive water uses associated with hydroelectric energy production.(e) Any source, transfer, or user of the type listed in (c) above that would not have been subject to Env-Wq 2101 as effective May 14, 2005 shall be subject to these rules as of the 2024 effective date of this part.N.H. Admin. Code § Env-Wq 2101.02
#8353, eff 5-14-05 (See Revision Note at part heading for Env-Wq 2101) (formerly Env-Ws 390.02); ss by #10480-A, eff 12-3-13
Amended by Number 28, Filed July 11, 2024, Proposed by #14004, Effective 6/22/2024, Expires 6/22/2034.