N.H. Admin. Code § Env-Ws 373.12

Current through Register No. 45, November 7, 2024

Section Env-Ws 373.12 - Sanitary Protective Area and Permitted Production Volume for Groundwater Sources

(a) To protect the long-term quality of each public water system, a sanitary protective area shall be established around each groundwater source and a permitted production volume shall be assigned to the source based on the size of the sanitary protective area established. The sanitary protective area shall be a circle with a specified radius, centered on the well.

(b) The permitted production volume shall not be greater than the source capacity based on a 24 hour period defined by the pumping test in accordance with Env-Ws 373.13 or the well driller's well completion report.

(c) The sanitary protective area, based on the permitted production volume established by the system,shall be as shown in Table 373-2 below.

Table 373-2

Sanitary Protective Area

Sanitary Protective
Permitted Production Volume (gpd)	Radius Length (ft.)
0 - 750	75
751 - 1440	100
1441 - 4320	125
4321 - 14,400	150
14,401 - 28,800	175
28,801 - 57,600	200
57,601 - 86,400	250
86,401 - 115,200	300
115,201 - 144,000	350
Greater than 144,000	400

(d) When more than one well is inside another well's sanitary protective area, then the individual sanitary protective areas for the wells shall be based on their combined permitted production volume unless the applicant demonstrates through hydrogeological means that these wells are not interconnected.

(e) The following land uses shall be specifically excluded from within the sanitary protective areas of non-community water systems:

(1) Wastewater disposal systems, including septic tanks, grease traps, and effluent disposal areas;

(2) Soil fertilization areas;

(3) Nitrate set-back areas;

(4) Dumpsters;

(5) Detention ponds or infiltration basins;

(6) Storage tanks for oil, gasoline, propane, or natural gas, or other hazardous chemicals; and

(7) Any uses associated with hazardous materials.

(f) Acceptable uses of the sanitary protective area for non-community water systems shall include those uses listed below:

(1) Roadways, with the exception of therequired setback in Env-Ws 373.11(c);

(2) Parking lots, with the exception of therequired setback in Env-Ws 373.11(c);

(3) Tennis courts;

(4) Surface water such as lakes, rivers, and streams;

(5) Permanently protected or undevelopable land;

(6) Wastewater piping which passes within the sanitary protective area only if:

a. The type of pipe is ductile iron or approved equal pressure-type pipe that is tested for water-tight construction after installation; and

b. All wastewater piping islocated a minimum distance of the greater of50 feet or a distance equal to at least one-half the total amount of the well radius length from the well;

(7) Pumphouse and permanent buildings; and

(8) Other compatible uses proposed in writing to the departmentby the water system owner if the submittal demonstrates that:

a. The type(s) and volume(s) of contaminant(s) associated with the activity, when subject to any best management practices proposed by the owner, will not pose a threat to water quality;

b. The owner has acontaminant mitigation plan that will prevent the contaminant(s) from rendering the water unfit for use by the water system; and

c. The overall risk of groundwater contamination is outweighed bythe benefit expected from the activity.

(g) The NTNC water system's potential for future waivers from a portion of its chemical monitoring requirements shall be diminished by the location of buildings, roadways, parking lots, and other such construction within the well's protective radius.

(h) For non-community water systems, the water system owner shall control the sanitary protective area. The water system owner shall, where possible, locate the well and sanitary protective area entirely on the property owned by the water system. Once established, the sanitary protective area shall not be subdivided. Where the sanitary protective area cannot be located fully on the property owned by the water system, written legal easements from abutters shall be obtained. Such easements shall specifically exclude the uses described in (e), above, from the area within the sanitary protective area.

N.H. Admin. Code § Env-Ws 373.12

(See Revision Note at chapter heading for Env-Ws 300); ss by #8499, eff 11-30-05