Section Env-Dw 302.30 - Criteria and Procedures for Approval of New Production Wells(a) The department shall approve or not approve the well documented in the final report in writing: (1) Within 45 days of closure of the written public comment period required pursuant to RSA 485-C:21, if applicable; or(2) If RSA 485-C:21 does not apply, within 45 days of receipt of all information required by Env-Dw 302.27(a).(b) Subject to (c) and (d), below, upon determining that the final report contains all required information and is correct and complete, the department shall approve the well(s) and notify the applicant in writing in accordance with (a), above.(c) If the final report fails to meet all criteria in (b), above, the notice sent pursuant to (a), above, shall identify each deficiency.(d) The department shall not approve any proposed new production well if any of the following are true:(1) One or more contamination sources is present in the wellhead protection area and the contamination control program prepared in accordance with Env-Dw 302.24 does not ensure that contamination will not degrade water quality at the well;(2) The well was not constructed in accordance with Env-Dw 302.26 and any other applicable requirements;(3) The applicant does not have legal control of the well site and sanitary protective area;(4) The extrapolated 180-day drawdown exceeds 90% of the available drawdown in the proposed production well at the production volume sought for approval;(5) If applicable, public notification requirements required by RSA 485-C:21 have not been completed;(6) If applicable, the applicant failed to obtain a large groundwater withdrawal permit in accordance with Env-Wq 403;(7) The applicant failed to submit and obtain approval for a water conservation plan in accordance with Env-Wq 2101;(8) The applicant has not submitted an acceptable wellhead protection program; or(9) The applicant has failed to perform any activity or to meet any of the requirements contained in these rules.(e) The department shall include such conditions in the approval for a new production well as are necessary to ensure compliance with this part and protection of public health and the environment.N.H. Admin. Code § Env-Dw 302.30
(See Revision Note at part heading for Env-Dw 302) #9008, eff 10-19-07
Amended by, Volume XXXVI Number 14, Filed April 7, 2016, Proposed by #11061, Effective 4/1/2016, Expires 4/1/2026.