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 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) through (f), below, the specific applicants and applications covered by (a), above, shall be as follows:(1) Sources of groundwater for community water systems for which an application is filed on or after the 2013 effective date of this part;(2) Sources of groundwater for bottled and bulk water operations for which an application is filed on or after the 2013 effective date of this part;(3) Sources of groundwater where withdrawals exceed 57,600 gallons over any 24-hour period for which an application is filed on or after the 2013 effective date of this part;(4) Surface water sources of water supply 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 on or after the 2013 effective date of this part;(5) Surface water sources that require water quality certification pursuant to RSA 485-A:12, IV for which an application is filed on or after July 7, 2009, the effective date of that requirement;(6) Surface water sources that are augmented by a surface water transfer pursuant to Env-Wq 1708.12 for which an application is filed on or after August 23, 2011, the effective date of the readoption with amendment of that rule; and(7) Any consecutive water system or privately owned redistribution system (PORS) that receives water from a wholesale system that is subject to this part.(d) Any source or user of the type listed in (c)(1)-(4) or (7), above, that was subject to Env-Wq 2101 as effective May 14, 2005 shall continue to be subject to these rules.(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 2013 effective date of this part.(f) These rules shall not apply to any source of water that is developed after the 2013 effective date of this part as a replacement for an existing source of water, provided:(1) The existing source is not a wholesale system or a community water system;(2) The withdrawal from the replacement source is expected to be less than or the same amount of water as has been historically withdrawn from the existing source; and(3) If the existing source being replaced is a well, it is abandoned in accordance with We 100 et seq.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