New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Wq - Water Quality and Quantity Programs
Chapter Env-Wq 400 - GROUNDWATER PROTECTION
Part Env-Wq 402 - GROUNDWATER DISCHARGE PERMITS AND REGISTRATIONS
Section Env-Wq 402.08 - Groundwater Discharge Permit Required

Universal Citation: NH Admin Rules Env-Wq 402.08

Current through Register No. 13, March 27, 2025

(a) Any person proposing to undertake any of the following activities shall first obtain a groundwater discharge permit:

(1) The construction and operation of an unlined wastewater, septage, or sludge lagoon;

(2) Land treatment of wastewater;

(3) The discharge onto or into the ground of non-domestic wastewater that contains any regulated contaminant and has received treatment by BAT before discharge;

(4) The discharge of domestic wastewater from a subsurface disposal system with a design flow equal to or greater than 20,000 gallons per day;

(5) The discharge of domestic wastewater from subsurface disposal systems with aggregate design flows equal to or greater than 1,000 gallons per day (gpd) for a single lot if the minimum nitrate setback distances specified in Table 402-1 are not met, provided that where the setback distances for 2 or more leach fields overlap, the leach fields shall be considered one system and the setback distance shall be determined by the combined flow of the leach fields in accordance with Table 402-1;

(6) Construction or operation of a reclaimed wastewater distribution and disposal system; or

(7) Construction and operation of an aquifer storage and recovery program.

(b) Subject to (c), below, a groundwater discharge permit shall be obtained by the landowner.

(c) A groundwater discharge permit may be obtained by a person other than the landowner only if the landowner has granted a deeded easement to the applicant that grants the applicant exclusive rights to use the groundwater as a receiving medium for wastewater disposal for a minimum of 20 years from the date the permit is expected to be issued.

(See Revision Note at part heading for Env-Wq 402) #8955, eff 7-26-07

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