N.H. Code Admin. R. Env-Ws 387.21

Current through Register No. 25, June 20, 2024

Section Env-Ws 387.21 - Waivers

(a) It is recognized that strict compliance with all rules prescribed herein might not fit every conceivable situation, and an applicant may request a waiver of specific rules outlined in this section in accordance with paragraphs (b)-(f), below.

(b) The department shall waive the requirements of Env-Ws 387.03 - Env-Ws 387.16 for a withdrawal used as a back-up water supply if all of the following criteria are met:

(1) The withdrawal operates no more than 720 hours over a calendar year;

(2) The withdrawal does not adversely impact any other water users or water resources pursuant to Env-Ws 388.18;

(3) The following information is provided to the department in writing prior to using the back-up supply:

a. The location of the proposed back-up withdrawal shown on a map at a scale of 1:24000 or 1:25000;

b. An inventory of water uses and resources pursuant to Env-Ws 387.07(c)-(h) within 2000 feet of the proposed back-up groundwater withdrawal;

c. Records describing the subsurface hydrogeology in the area of the proposed back-up groundwater withdrawal;

d. The proposed well construction details of the back-up withdrawal including the proposed vertical location and length of screen of the well;

e. The estimated maximum volume of the withdrawal from the back-up supply over any 24-hour period;

f. A description of the primary water source used including the registered water user identification number issued pursuant to Env-Wr 700 in which the back-up groundwater withdrawal is being developed; and

g. A description of the circumstances that would require the back-up groundwater withdrawal to be used;

(4) Within 7 days of using the back-up withdrawal, the applicant provides the department with a written description of the following:

a. An estimate of the total time that the back-up withdrawal will be operated; and

b. A description of the reason for the operation of the back-up groundwater withdrawal; and

(5) The department conducts a hydrologic evaluation of the proposed back-up groundwater withdrawal using the information provided by the applicant in (3) above, and determines that adverse impacts identified in Env-Ws 388.18 will not occur as a result of operating the proposed withdrawal; and

(6) If sufficient information is not available for the department to determine if adverse impacts identified in Env-Ws 388.18 might occur as the result of operating a back-up withdrawal, the applicant:

a. Obtains additional hydrogeologic information; and

b. Implements a monitoring and reporting program that verifies adverse impacts will not occur.

(c) The department shall revoke or suspend the waiver status of a back-up withdrawal if it is determined that the withdrawal is causing adverse impacts to occur as identified in Env-Ws 388.18.

(d) The department shall waive the requirements of Env-Ws 387.03 - Env-Ws 387.16 for a withdrawal that is a replacement for a withdrawal in existence prior to August 1, 1998 under the following conditions:

(1) The replacement withdrawal is constructed in the following manner:

a. The replacement well is installed within 50 feet of the existing well;

b. The replacement well is constructed with a well screen of similar diameter and length;

c. The well screen is placed within the same vertical location of the existing well; and

d. The replacement well under pumping conditions will impact groundwater hydraulics in the same manner as the existing well.

(2) Prior to installing the replacement well, the permittee submits a request for a waiver to the department for the replacement withdrawal that demonstrates compliance with (1), above; and

(3) The existing well in which the replacement well replaces is no longer operational.

(e) A request for a waiver shall be:

(1) Submitted in writing to the department; and

(2) Include the following information:

a. A description of the site to which the waiver request relates;

b. A specific reference to the section of the rule for which a waiver is being sought;

c. A full explanation of why a waiver is necessary and demonstration of hardship caused if the rule is adhered to;

d. A full explanation of the alternatives for which a waiver is sought with backup data for support; and

e. A full explanation of how the alternatives for which a waiver is sought are consistent with the intent of RSA 485:3 and RSA 485-C.

(f) The department shall approve a request for a waiver if it finds that the alternatives proposed are at least equivalent to the requirements contained in this section, and are adequate to ensure that the provisions of RSA 485:3 and RSA 485-C are met.

(g) The department shall not grant any waiver which in its judgment contravenes the intent of any rule.

(h) The department shall issue a written response to a request for a waiver within 30 days. If the waiver is denied, the denial shall specifically set forth the reason(s) for the denial.

N.H. Code Admin. R. Env-Ws 387.21

#7490, eff 5-12-01; ss by #9459, INTERIM, eff 5-12-09, EXPIRED: 11-9-09