N.H. Code Admin. R. Env-Ws 379.06

Current through Register No. 25, June 20, 2024

Section Env-Ws 379.06 - Sanitary Protective Area

(a) The purpose of the sanitary protective area is to provide an area in the immediate vicinity of the well within which there is minimal risk of groundwater contamination.

(b) The sanitary protective area shall be a circle, centered on the well, with a radius based on the permitted production volume of the well as set forth in Table 379-1:

Table 379-1 Sanitary Protective Area Radii

Permitted Production Volume (gallons)	Radius
less than 14,400	150 feet
14,401 to 28,800	175 feet
28,801 to 57,599	200 feet
57,600 to 86,400	250 feet
86,401 to 115,200	300 feet
115,201 to 144,000	350 feet
greater than 144,000	400 feet

(c) When more than one well is inside a sanitary protective area, then the individual sanitary protective areas for these wells shall be based on the combined permitted production volume of the wells unless it is proven they are not interconnected.

(d) The water supplier shall own the land within the sanitary protective area, provided however that if the supplier does not own and cannot purchase the land, the supplier shall control the land by perpetual easement.

(e) The sanitary protective area shall be maintained in a natural state except for structures and activities necessary for the maintenance of the well.

(f) Land uses or activities within the sanitary protective area shall be only those necessary for the maintenance and operation of the well and shall not pose a contamination risk to the groundwater.

(g) The discharge of collected drainage from areas where fertilizer and pesticide have been applied or from roadways or developed areas shall be prohibited in the sanitary protective area.

(h) No underground utilities shall be installed in the sanitary protective area except for potable water and electrical or communications conduits.

(i) A description of land use activities and how the sanitary protective area is or will be controlled by the water supplier shall be presented in the preliminary and final reports, including:

(j) The description required by (i), above, shall include:

(1) A map that identifies lot lines and the owner of every lot into which the radius extends;

(2) The existing and proposed land uses and activities associated with the area;

(3) The means by which the water system will obtain and maintain control of land uses in the sanitary protective area; and

(4) A sketch of the well site within 500 feet of the well at a scale of one inch equals 100 feet, which shows:

a. The proposed well location;

b. All property lines and any easements;

c. All land uses, including any paths, trails, structures, storage, landscaping, or other alteration of the natural terrain;

d. Any surface water or wetlands; and

e. The sanitary protective area.

(k) Documentation of legal control of the sanitary protective area shall be provided in the final report.

N.H. Code Admin. R. Env-Ws 379.06

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #6979, eff 4-21-99; ss by #8871, INTERIM, eff 4-21-07, EXPIRES: 10-18-07