New Hampshire Code of Administrative Rules
Env - Department of Environmental Services
Subtitle Env-Ws - Division of Water
Chapter Env-Ws 300 - NEW HAMPSHIRE DRINKING WATER RULES
Part Env-Ws 387 - MINOR GROUNDWATER WITHDRAWAL
Section Env-Ws 387.21 - Waivers

Universal Citation: NH Admin Rules Env-Ws 387.21

Current through Register No. 13, March 27, 2025

(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.

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

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