CHAPTER Env-Or 700 GROUNDWATER RELEASE DETECTION PERMITS
Statutory Authority: RSA 485-C:4, V
& VI
Revision Note #1:
Document #8812, effective 2-1-07, readopted with amendments
and redesignated former Part Env-Wm 1403 titled Groundwater Management and
Groundwater Release Detection Permits as Env-Or 700 pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05.
The prior filings for former Env-Wm 1403 include the
following documents:
#1618,
eff 8-5-80 #5579, eff 2-11-93
#1743, eff 4-7-81 #6945, eff 2-24-99
#1949, eff 2-8-82 #7260, eff 5-4-00
#1950, eff 2-8-82 #8436, eff 9-22-05
#2670, eff 4-12-84
Revision Note #2:
Document #14220, effective 11-4-25, readopted with
amendments Chapter Env-Or 700 titled “Groundwater Release Detection Permits”. Amendments included the deletion of Env-Or
703.03 titled “Facility Identification Information”, which necessitated the
renumbering of the subsequent rules in Part Env-Or 703 titled “Permit
Requirements’, as indicated in the source notes. Document #14220 replaces all prior filings
affecting Chapter Env-Or 700.
The prior filings affecting the former Env-Or 703.03
included the following documents:
See Revision Note #1 at chapter heading
for Env-Or 700
#8812, eff 2-1-07
#10832, eff 6-1-15
PART Env-Or 701 PURPOSE AND APPLICABILITY
Env-Or 701.01 Purpose. The purpose of these rules is to implement RSA
485-C:13 relative to groundwater release detection permits by establishing procedures
and requirements for obtaining a permit to monitor groundwater for the early detection
of any impact associated with the activities listed in RSA 485-C:13, II and III.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 701.02 Applicability. This chapter shall apply to any individual or
entity that engages in any activity for which RSA 485-C:13 requires a groundwater
release detection permit.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
PART Env-Or 702 DEFINITIONS
Env-Or 702.01 “Ambient groundwater quality
standards (AGQS)” means “ambient groundwater quality standards” as defined in RSA
485-C:2, I, as reprinted in Appendix C.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.02 “Assessment monitoring”
means monitoring required when detection monitoring performed in accordance with
a groundwater release detection permit has indicated that the concentration of any
constituent exceeds the background concentrations for the constituent as established
in the groundwater release detection permit.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.03 “Background concentration”
means concentrations detected in up-gradient areas or areas otherwise unaffected
by the activities at the facility permitted under the release detection permit.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.04 “Contact person” means
an individual who can be contacted on behalf of an applicant or permittee regarding
the application or permit, respectively.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.05 “Contamination” means
the presence of any regulated contaminant, as defined herein, other than naturally-occurring
substances at naturally-occurring or background levels, in soil, groundwater, soil
gas, air, sediment, surface water, construction or excavation debris, or any other
material.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.06 “Corrective action plan”
means the corrective action proposed to prevent the discharge of regulated contaminants
to groundwater, surface water, or soil.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.07 “Department” means the
department of environmental services.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.08 “Detection monitoring”
means routine monitoring specified in a groundwater release detection permit that
is required in order to determine if a release has occurred at a facility issued
a permit pursuant to Env-Or 700.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.09 “Discharge” means the
release or addition of any regulated contaminant to land, groundwater, or surface
water.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.10 “Facility” means all contiguous
land and structures associated with an activity for which a groundwater release
detection permit is required by RSA 485-C:13.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 702.11); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.11 “Groundwater” means “groundwater”
as defined in RSA 485-C:2, VIII, as reprinted in Appendix C.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 702.12); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.12 “Groundwater release detection
permit” means a permit issued under RSA 485-C:13 and Env-Or 700 to a facility owner
for detection of any release of a regulated contaminant associated with the activities
for which the permit was issued.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 702.13); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.13 “Motor vehicle salvage
yard” means a contiguous land area for the storage or deposit of unregistered motor
vehicles that are no longer intended for, or in condition for, legal use on the
public highways.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 702.14); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.14 “Person” means
“person” as defined by RSA 485-C:2, XI, as reprinted in Appendix C.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 702.15); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.15 “Potential receptor”
means a living organism or an environmental medium that is in the pathway of
contamination from a discharge.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 702.16); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.16 “Professional of
record” means the professional engineer or professional geologist licensed
under RSA 310-A who is responsible for the documents.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.17 “Receptor” means a
living organism or an environmental medium that is exposed to contamination
from a discharge.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.18 “Regulated
contaminant” means “regulated contaminant” as defined in RSA 485-C:2, XIII, as
reprinted in Appendix C.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.19 “Resource recovery
facility” means any facility engaged in an activity beyond sorting or physical
volume reduction methods to treat or process solid waste into usable secondary
materials or products, including but not limited to fuel, energy, or compost.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.20 “Salvage yard” means
a contiguous land area encompassing one-half acre or more, on or at which are
stored or deposited scrap metal, junk machinery, or other materials intended
for salvage that contain or potentially contain oil or other solid or liquid contaminants.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.21 “Surface water” means
“surface water” as defined in RSA 146-A:2, VI-b, as reprinted in Appendix C.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 702.22 “Wellhead protection
area” means “wellhead protection area” as defined in RSA 485-C:2, XVIII, as
reprinted in Appendix C.
Source. #10832, eff 6-1-15; ss by #14420, eff
11-4-25, EXPIRES: 11-4-35
PART Env-Or 703 PERMIT REQUIREMENTS
Env-Or 703.01 Groundwater
Release Detection Permit Required.
(a) Pursuant to RSA 485-C:13, II,
and subject to the prohibited new uses in wellhead protection areas classified
as GAA specified in RSA 485-C:12, a person shall obtain a groundwater release
detection permit prior to siting or operating any of
the following:
(1) A hazardous waste disposal
facility as defined under RSA 147-A;
(2) A lined solid waste landfill;
(3) A lined wastewater lagoon; or
(4) A facility for processing soils
contaminated with petroleum products.
(b) Pursuant to RSA 485-C:13, III,
a person shall obtain a groundwater release detection permit prior to siting or operating, as applicable, any of the following in
a wellhead protection area classified as GAA:
(1) A new solid waste composting
facility;
(2) A new solid waste resource
recovery facility;
(3) An existing facility for
outdoor bulk storage of road salt or other deicing chemicals;
(4) An existing snow dump; or
(5) An existing motor vehicle
salvage yard or salvage yard.
(c) A groundwater release detection
permit shall not be required for a facility or activity permitted under a
groundwater discharge permit issued pursuant to Env-Wq 402.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 703.02 Groundwater
Release Detection Permit Application.
(1) The maps and facility plan
specified in Env-Or 703.03 and Env-Or 703.04;
(2) The additional information
specified in Env-Or 703.05; and
(3) The fee specified by Env-Or
703.08.
(b) The applicant shall:
(1) Sign and date the application
as specified in Env-Or 703.07; and
(2) Provide a copy of the complete
application to the town or city clerk of the municipality in which the facility
is or is proposed to be located prior to submitting the application to the
department.
(c) The application shall be dated,
signed, and sealed by the professional of record.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 703.03 Required Maps. The maps required by Env-Or 703.02(a)(1)
shall be legible and include the following:
(a) A U.S. Geological Survey (USGS)
map, 7-1/2 minute series, marked to clearly identify
the facility location; and
(b) A potential receptors map using
a tax map as a base, marked to identify and locate, to the extent
ascertainable, the following:
(1) Streets within 1,000 feet of
the facility;
(2) Properties, including tax map
and lot numbers, ownership, and land use information, within 1,000 feet of the
facility;
(3) Physical structures, storage
areas, and buildings, including information on building use and existence of
basements, within 1,000 feet of the facility;
(4) Surface waters within 1,000
feet of the facility; and
(5) Water supply wells, including
type of use, within 1,000 feet of the facility.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly Env-Or 703.04)
Env-Or 703.04 Required Facility
Plan. The facility plan required by
Env-Or 703.02(a)(1) shall be legible and prepared in accordance with the
following:
(a) The plan shall include a title,
a legend, and a true north arrow;
(b) The plan shall be drawn to scale and the scale shall be noted on the plan and include a
graphic scale bar;
(c) The base plan sources from
which the facility plan was derived shall be noted on the plan;
(d) The location, elevation, and
datum of a bench mark shall be included, provided that
if a bench mark referenced to NAVD is within 1,000
feet of the facility, the elevation shall be recorded using NAVD and the source
of the NAVD bench mark information shall be noted on
the plan;
(e) Ground surface spot elevations
and contours shall be marked to show topography;
(f) The facility plan shall
identify and locate, to the extent ascertainable, the following:
(1) Physical structures, storage
areas, and buildings associated with the facility;
(2) Existing and proposed
groundwater monitoring wells that will be monitored;
(3) Surface water sampling points;
(4) Groundwater contours that
accurately show current groundwater flow direction within 100 feet of the
facility, with a table of water level measurements and elevations found in
piezometers and monitoring wells used to develop the groundwater contours;
(5) Surface waters on and within
100 feet of the facility;
(6) Land surface contours within
100 feet of the facility;
(7) Piezometers and monitoring
wells used to develop groundwater contours, including the hydraulically
upgradient groundwater monitoring well or monitoring well in an area otherwise
unaffected by the activities at the facility permitted under the release
detection permit installed per Env-Or 704.01(c);
(8) Soil borings and test pits on
and within 100 feet of the facility;
(9) Above and underground storage
tanks associated with the facility;
(10) Underground utilities at the
facility;
(11) Subsurface drains at the
facility; and
(12) Swales, drainage features, and
other containment features, and
(g) If the facility plan is
larger than 11 inches by 17 inches, the applicant shall also provide a copy of
the plan scaled to fit an 8-1/2 inches by 11 inches or 11 inches by 17 inches
sheet and modified to make all items above legible.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.04); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.05)
Env-Or 703.05 Additional Information. The additional information required by Env-Or
703.02(a)(2) shall be as follows:
(a) A table summarizing all
monitoring results to date from existing and historical monitoring points,
including initial background concentrations based on a minimum of two sampling rounds
for the parameters listed in (c)(2), below, and the regulated contaminants
listed in the table of ambient groundwater quality standards (AGQS) in Env-Or
603.03;
(b) A list of reports on land use
history, activities, water quality, and hydrogeology associated with the
property on which the facility is located;
(c) A detailed proposal for a
release detection monitoring program that includes the following and satisfies
the requirements of Env-Or 704.01:
(1) Monitoring for the chemicals
listed in the table of AGQS in Env-Or 603.03 that are present or potentially
associated with the permitted activity;
(2) Monitoring of the following
parameters as applicable to the property:
a. Specific conductance;
b. Iron;
c. Chloride;
d. Total Kjeldahl Nitrogen (TKN);
e. pH;
f. Temperature;
g. Turbidity; and
h. Oxidation-reduction potential
(ORP);
(3) A proposed monitoring schedule;
(4) Monitoring locations; and
(5) Supporting hydrogeologic and
groundwater quality information justifying the locations, frequency, and
parameters selected including but not limited to hydraulic
gradients, groundwater flow directions, hydraulic conductivity, and seepage
velocity;
(d) Test pit data and boring log
data including:
(1) Soil sample descriptions
according to:
a. Unified Soil Classification
System;
b. Burmister
Classification System;
c. “Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System),” document identification number ASTM D2487-17, dated 2025, available as indicated in Appendix B; or
d. “Standard Practice for Description and Identification of Soils (Visual Manual Procedures),” document identification number ASTM D2488-17e1, dated 2018, available as indicated in Appendix B;
(2) Drilling methods;
(3) “N-values” according to “Standard Test Method for Standard Penetration Test (SPT) and Split-Barrel Sampling of Soils,” document identification number ASTM D1586/D1586M-18e1, dated 2022, available as indicated in Appendix B; and
(4) Water table observations;
(e) Well construction details of
existing monitoring wells, top of well casing elevations, and measured depth to
water table from top of casing.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.05); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.06)
Env-Or 703.06 Certifications. The certifications required by Env-Or 703.07
and Env-Or 703.14 shall be as follows:
(a) The applicant certified that
all information provided on or with the form or that otherwise is submitted as
part of the application is true, complete, and not misleading to the best of
their knowledge and belief; and
(b) That submission of false,
incomplete, or misleading information is grounds for denying the application or
revoking any permit that is issued based on such information.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.06); ss by #14420, eff 11-4-25,
EXPIRES: 11-4-35 (formerly Env-Or 703.07)
Env-Or 703.07 Signatures
Required for Initial and Renewal Permit Applications.
(a) If the applicant for a permit
or permit renewal is an individual, the applicant shall sign and date the
application.
(b) If the applicant for a permit
or permit renewal is an organization, the applicant shall authorize an officer
or director of the applicant to sign the application, and the authorized
individual shall sign and date the application and print or type their name and title.
(c) A signature provided under (a)
or (b), above, shall constitute certification pursuant to Env-Or 703.06.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.07); ss by #14420, eff 11-4-25,
EXPIRES: 11-4-35 (formerly Env-Or 703.08)
Env-Or 703.08 Application Fee.
(a) As authorized by RSA 485-C:4,
VI, the applicant shall submit a fee of $2,500 with the permit application.
(b) If paid by
check or money order, the instrument shall be made payable to “Treasurer -
State of NH.”
(c) State and local government
including counties and other political subdivisions of New Hampshire shall be
exempt from the fee specified in (a), above.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.08); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.09)
Env-Or 703.09 Action on
Applications.
(a) Within 60 days from the receipt of a complete
permit application, the department shall determine whether:
(1) The requirements specified in
Env-Or 703.02 through Env-Or 703.08 have been met; and
(2) The proposed release detection
monitoring program required by Env-Or 703.05(c) appears adequate to detect any
releases.
(b) If the requirements identified
in (a)(1), above, have been met and the proposed release detection monitoring
program required by Env-Or 703.05(c) appears adequate to detect any releases,
the department shall issue a permit for a period of 5 years, subject to renewal
pursuant to Env-Or 703.11.
(c) The department shall notify the
applicant of its decision in writing. If
the decision is to deny the application, the written notice shall specify the
reason(s) for the denial.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.09); ss by #14420, eff 11-4-25,
EXPIRES: 11-4-35 (formerly Env-Or 703.10)
Env-Or 703.10 Permittee
Obligations Upon Permit Issuance.
(a) Acceptance of the permit by the
applicant shall constitute permission for the department to enter the permitted
facility for the purpose of collecting information, examining records,
collecting samples, and taking other actions needed to ensure compliance with
the permit.
(b) Prior to commencing operations,
the permittee shall submit to the department:
(1) An as-built site plan on an
8-1/2 inch x 11 inch or 11 inch
x 17 inch sheet, together with boring logs and well
construction details; and
(2) The results of 2 complete
rounds of water quality testing collected at least 2 weeks apart.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.09); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.11)
Env-Or 703.11 Permit Renewal.
(a) If the permittee wishes to
continue to operate a facility that is subject to a groundwater release
detection permit beyond the 5-year permit term, the permittee shall submit
the information specified in (d), below, to the department prior to the expiration
of the permit but not more than 90 days prior to expiration.
(b) If the renewal application is
submitted prior to the expiration of the permit, the permittee may continue to
operate under the terms of the permit until a final decision on the renewal
application has been made, even if that is after the expiration date.
(c) If the renewal application is
not submitted prior to the expiration of the permit, the permittee shall discontinue
active operation of the facility as of the expiration date but
otherwise continue to comply with all conditions in the permit for which
renewal is sought until:
(1) The permit is renewed; or
(2) The facility is closed in
accordance with all applicable requirements.
(d) The applicant for renewal shall complete and
submit to the department the form entitled “Application for Renewal of
Groundwater Release Detection Permit”, NHDES-S-02-007, revised 11/2025 and:
(1) Include an update of all information required
by Env-Or 703.02(a) with all planned modifications included;
(2) Include an evaluation or reassessment
of background concentrations; and
(3) Has been signed as specified in
Env-Or 703.07.
(e) The renewal application shall
be dated, signed, and sealed by the professional of record.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.10); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.12)
Env-Or 703.12 Permit
Modification or Termination.
(a) A permittee who wishes to
request a permit modification or termination shall submit a written request to
the department that explains the reasons for the requested modification or
termination and includes a table summarizing all monitoring results to date
from existing monitoring points.
(b) The department shall modify the
permit or deny the request within 60 days of receipt of the request. If the department denies the request, the
department shall notify the permittee in writing of the reason(s) for the
denial.
(c) The department shall modify or
terminate the permit if the applicant can demonstrate compliance with Env-Or
703.16, Env-Or 703.17, and Env-Or 703.18, as applicable.
(d) The department shall initiate a
procedure under RSA 541-A:30 to modify a permit without request by the
permittee if the department determines that:
(1) Issuance of the permit was
based on false, incomplete, or misleading information, and the permit would
have contained different conditions if true, complete, and not misleading
information had been provided;
(2) Modification or termination of
the permit is necessary to ensure protection of human health or the
environment; or
(3) Modification or termination of
the permit is necessary to ensure compliance with Env-Or 703.16, Env-Or 703.17,
and Env-Or 703.18, as applicable.
(e) To initiate a permit
modification or termination procedure, the department shall provide the
permittee with written notice that:
(1) Identifies the facility by
name, department identification number, location, and permit number;
(2) Explains the action(s) the
department proposes to take and the reason(s) for the proposed action;
(3) Identifies the department’s
authority for taking the proposed action;
(4) Explains the opportunity for an
adjudicative hearing and related deadlines; and
(5) Lists the name, title, mailing address, and
telephone number of the department representative who may be contacted
regarding the notice.
(f) An adjudicative hearing on a
permit modification or termination initiated by the department pursuant to (d),
above, shall:
(1) Be requested by the permittee
to the department in writing within 30 days of receipt of the notice from the
department; and
(2) Proceed in accordance with the
provisions of Env-C 200 that relate to adjudicative proceedings.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.11); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.13)
Env-Or 703.13 Request for Permit
Transfer.
(a) A release detection permit
shall not be transferred without the express written consent of the department.
(b) To request approval to transfer a release
detection permit, the permittee shall complete and submit to the department the
form entitled “Application for Transfer of Groundwater Management or Release
Detection Permit”, NHDES-S-02-011, revised 11/2025.
(c) The current permittee and the
person to whom the permit is proposed to be transferred shall sign the transfer
request as specified in Env-Or 703.14. If
the current permittee is unable or unwilling to file a written request for
the transfer with the department, the new permittee may file the request.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.12); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.14)
Env-Or 703.14 Signatures
Required for Permit Transfers.
(a) If either of the parties to the permit transfer is an individual, the individual shall sign and date the permit transfer request and print or type their name.
(b) If either of the parties to the
permit transfer is an organization, the organization shall authorize an officer
or director to sign the transfer request, and the authorized individual shall
sign and date the transfer request and print or type their name and title.
(c) A signature provided under (a)
or (b), above, shall constitute certification pursuant to Env-Or 703.06.
Source. #10832, eff 6-1-15; ss by #14420, eff
11-4-25, EXPIRES: 11-4-35 (formerly Env-Or 703.15)
Env-Or 703.15 Decision on Permit
Transfer Request.
(a) Within 45 days of receiving a
request for transfer, the department shall approve or deny the transfer request
and notify both parties of its decision in writing.
(b) The department shall deny an
application to transfer a permit if:
(1) The facility is not presently
in compliance with the permit, these rules, or any other applicable statutes or
rules, unless transferring the permit would facilitate returning the facility
to compliance;
(2) The permittee has failed to pay
any outstanding penalties or fines issued under RSA 146-A, RSA 146-C, or RSA
147-A, unless all outstanding amounts will be paid in conjunction with the
transfer;
(3) The permittee has failed to pay
any outstanding invoice associated with the department’s recoverable cost
pursuant to RSA 146-A, RSA 146-C, RSA 147-A, or RSA 147-B, unless all
outstanding amounts will be paid in conjunction with
the transfer; or
(4) The permittee has failed to
perform in accordance with a court order, consent decree, or other settlement
agreement relating to the property subject to the permit, unless transferring
the permit would facilitate such performance.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly Env-Or 703.16)
Env-Or 703.16 Groundwater
Release Detection Permit Compliance Criteria.
(a) The permittee shall conduct
detection monitoring during the active life of the facility, during closure
activities, and for the post-closure monitoring period in accordance with the
specific monitoring program established in the release detection permit.
(b) The department shall remove a
detection monitoring parameter for a facility if the permittee demonstrates
that:
(1) The constituent is not
contained in the waste managed at the facility; and
(2) The constituent is not
generated as a result of the siting or operation of the facility.
(c) The permittee shall establish
original background concentrations of all constituents required in the
detection monitoring prior to issuance of the permit by the department.
(d) If the concentration of any
constituent in the detection monitoring is above the background concentration at
any down-gradient monitoring well, the permittee shall:
(1) Notify the department within 10
days after receiving results; and
(2) Conduct assessment monitoring
pursuant to Env-Or 703.17 for each monitoring well for which the concentration
of any constituent is above the background concentrations
unless:
a. The permittee demonstrates by
submission of a report prepared in accordance with Env-Or 704.03 to the
department within 60 days of notice of exceedance pursuant to (d)(1) above,
that the exceedance is the result of an off-site source of contamination, an
error in sampling, analysis, or statistical evaluation, or natural variation in
groundwater quality; and
b. The department approves the
report.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.13); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.17)
Env-Or 703.17 Assessment
Monitoring. If required under Env-Or
703.16(d)(2), the permittee shall conduct assessment monitoring as follows:
(a) The permittee shall sample the
groundwater for all regulated contaminants listed in the table of AGQS in
Env-Or 603.03 and the additional parameters specified in Env-Or 703.05(c)(2)
within 60 days of notifying the department of the exceedance in the detection
monitoring;
(b) Based on the results of the
sampling required by (a), above, the permittee shall consult with the
department to determine the parameters and schedule for subsequent groundwater
sampling;
(c) If sampling and analysis at a specific well
indicates that concentrations of all regulated contaminants in the assessment
monitoring are at or below background concentrations for 2 consecutive sampling
events, the permittee shall notify the department of this finding and return to
detection monitoring at that well;
(d) The permittee shall submit the
results of the assessment monitoring to the department within 45 days of the
date of each round of sampling;
(e) The permittee shall establish a
background concentration for each regulated contaminant discovered in the
assessment monitoring for which a background concentration has not already been
established for purposes of detection monitoring; and
(f) If a regulated contaminant is detected
above the background concentration but below the ambient groundwater quality
standard established under Env-Or 603.03 during assessment monitoring, the
permittee shall:
(1) Notify the department within 10
days after receiving results; and
(2) Submit a corrective action plan
and implementation schedule in accordance with Env-Or 703.18 to the department
within 30 days.
Source. (#8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.14); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.18)
Env-Or 703.18 Requirements for
Corrective Action Plan.
(a) The corrective action plan
submitted by the permittee pursuant to Env-Or 703.17(f)(2) shall include the
following:
(1) Inspection and audit of
activities and procedures at the facility to determine possible sources of
contamination;
(2) Remediation of the source of the exceedance;
(3) Further groundwater
investigation;
(4) Modification of facility
operation as needed to eliminate the cause of the exceedance;
(5) Treatment of the waste stream
as needed to eliminate the cause of the exceedance;
(6) Groundwater restoration; and
(7) If the facility operations
cannot be modified to eliminate the cause of the exceedance or if the
groundwater cannot be restored or remediated, a schedule of activities that
will be implemented for facility closure, or a proposal for alternative corrective
action plan completion criteria for approval by the department.
(b) The corrective action plan
shall be dated, signed, and sealed by the professional of record.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.15); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.19)
Env-Or 703.19 Corrective Action
Plan Approval and Implementation.
(a) The department shall approve
the corrective action plan if the department determines that the plan is
reasonably designed to:
(1) Achieve compliance with
background concentrations;
(2) Eliminate any future discharges
of regulated contaminants to the groundwater; and
(3) Protect human health and the
environment.
(b) The department shall approve
the proposed implementation schedule upon determining that the schedule is
protective of human health and the environment.
(c) The permittee shall implement
the corrective action plan in accordance with the approved implementation
schedule beginning within 30 days of department approval.
(d) If sampling and analysis at a
specific well indicates that the concentration of each regulated contaminant in
the assessment monitoring is at or below the corresponding background concentrations
for 2 consecutive sampling events, the permittee shall notify the department of
this finding and return to detection monitoring at that well.
(e) If the concentrations of any
regulated contaminant detected by assessment monitoring are above the AGQS
established in Env-Or 603.03, the permittee shall:
(1) Notify the department within 10
days after receiving results; and
(2) If the exceedance is the result
of a discharge from the facility, apply for a groundwater management permit as
specified in Env-Or 607.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 703.15); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35 (formerly
Env-Or 703.20)
PART Env-Or 704 MONITORING AND REPORTING
Env-Or 704.01 Water Quality
Sampling, Analysis, and Reporting.
(a) The permittee shall monitor
groundwater quality to ensure compliance with the terms of the permit and these
rules.
(b) The permittee shall monitor
surface water points and water supply wells as specified in the permit to
ensure that water quality is in compliance with
applicable water quality standards and the terms of the permit.
(c) The permittee shall install at
least one hydraulically up-gradient groundwater monitoring well or, if infeasible to install an upgradient well, install a monitoring well
in an area otherwise unaffected by the activities at the facility permitted
under the release detection permit to monitor ambient groundwater quality.
(d) The permittee shall operate and maintain the
monitoring wells, piezometers, and other measurement,
sampling, and analytical devices so that they perform to design specifications
throughout the life of the monitoring program.
(e) The parameters to be monitored
shall be determined on a site-specific basis depending on the regulated
contaminants associated with the permitted activity.
(f) The frequency and location of
water quality monitoring shall be determined on a site-specific basis depending
on the hydrogeologic characteristics of the site and predicted rates of
groundwater flow.
(g) The permittee shall submit the results of all
sampling and analysis required under a groundwater release detection permit as
a data transmittal report prepared pursuant to Env-Or 704.03 to the department
no later than the 45 days after the sampling date, except as provided for in
Env-Or 703.17 and Env-Or 703.18.
(h) Analyses shall be performed by a laboratory
certified by the U.S. Environmental Protection Agency (US EPA) or accredited by
the department pursuant to Env-C 300.
(i) Sampling shall be performed in
accordance with:
(1) “Practical Guide for
Ground-Water Sampling,” document identification number EPA /600/S2-85/104, US
EPA, dated September 1985, available as noted in Appendix B;
(2) “RCRA Ground-Water Monitoring:
Draft Technical Guidance,” document identification number PB87107751, US EPA,
dated November 1992, available as noted in Appendix B;
(3) “Standard Guide for Sampling Ground-Water
Monitoring Wells,” document identification number ASTM D4448-01, dated 2019,
available as indicated in Appendix B;
(4) “Standard Guide for Selection
of Passive Techniques for Sampling Groundwater Monitoring Wells,” document
identification number ASTM D7929-20, dated 2020, available as indicated
in Appendix B;
(5) “Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods”, SW-846 Third Edition, Final Updates I (1993), II
(1995), IIA (1994), IIB (1995), III (1997), IIIA (1999), IIIB (2005), IV
(2008), V (2015), VI Phase 1 (2017), VI Phase II (2018), VI Phase III (2019),
VII Phase I (2020), and VI Phase II (2021), available as noted in Appendix B;
(6) “Standard Guide for Sampling
Waste and Soils for Volatile Organic Compounds”, document identification number
ASTM 4547-20, dated 2020, available as noted in Appendix B;
(7) EPA Method 533, November, 2019, referenced in 40 CFR Part 141 and available
as noted in Appendix B or EPA Method 537.1, Version 2.0,
March 2020, referenced in 40 CFR Part 141 and available as noted in Appendix B
for drinking water samples; and
(8) EPA Method 1633A, December, 2024, in EPA Document EPA 820-R-24-007, available
as noted in Appendix B, for all other media besides drinking water.
(j) Release detection permit
reports shall be prepared in accordance with Env-Or 704.03.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 704.02
Groundwater Monitoring Wells.
(a) Monitoring
wells shall be designed, installed, developed, maintained, and decommissioned
in accordance with We 100-1000 and the practices
described in:
(1) “Standard Practice for Design and Installation of Groundwater Monitoring Wells", document identification number ASTM D5092/D5092M-16, dated 2024, available as noted in Appendix B;
(2) “Standard Practice for Direct Push Installation of Prepacked Screen Monitoring Wells in Unconsolidated Aquifers", document identification number ASTM D6725/D6725M-16, dated2024e1, available as noted in Appendix B;
(3) “Standard Guide for Installation of Direct Push Groundwater Monitoring Wells", document identification number ASTM D6724/D6724M-16, dated 2024 e1, available as noted in Appendix B;
(4) “Standard Guide for Maintenance and Rehabilitation of Groundwater Monitoring Wells", document identification number ASTM D5978/D5978M-16, dated 2024, available as noted in Appendix B;
(5) “Standard Guide for Development of Groundwater Monitoring Wells in Granular Aquifers", document identification number ASTM D5521/D5521M-18, dated 2025, available as noted in Appendix B; and
(6) “Standard Guide for Decommissioning of Groundwater Wells, Vadose Zone Monitoring Devices, Boreholes, and Other Devices for Environmental Activities", document identification number ASTM D5299/D5299M-18, dated 2018, available as noted in Appendix B.
(b) Monitoring wells shall be
constructed, maintained, and decommissioned only by a licensed New Hampshire
water well contractor holding a valid technical drillers license under RSA
482-B.
(c) Monitoring wells shall be:
(1) Developed prior to sampling;
and
(2) Allowed to equilibrate a
minimum of 2 weeks following installation prior to sampling.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or
704.03 Release Detection Permit
Reports.
(a) A periodic summary report required by Env-Or
703.16(d)(2)a. or Env-Or 704.01(j) shall include the following information as
applicable:
(1) A summary of work performed during the
monitoring period since the prior periodic summary report, including a
description of the type and frequency of monitoring activities conducted;
(2)
An update of the site conceptual model
and an assessment of trends in the data;
(3) Updated site plan showing all monitoring locations and updated groundwater contours;
(4) A tabular and graphical summary of
groundwater quality and treatment system monitoring data showing trends in
contaminant concentrations and an evaluation of the performance of the release
detection program;
(5) A discussion of the adequacy of the monitoring network to maintain compliance with the permit relative to the groundwater quality background conditions observed during the monitoring period, with recommendations for permit modification, additional monitoring, or site investigation to determine the full extent of contamination in the event of a release and identify potential receptors;
(6) Analytical laboratory data reports for the reporting period, unless provided to the department as required by Env-Or 704.03(b);
(7) An evaluation of any known conditions or findings that might affect the validity of analytical data, including a review of quality assurance and quality control results reported during the monitoring period; and
(8) Be dated, signed, and sealed by a professional engineer or professional geologist licensed in the state of New Hampshire.
(b) A data transmittal report required by Env-Or 704.01(g) shall include:
(1) A copy of the site plan showing all monitoring locations;
(2) A tabular summary of water quality data for the cumulative permit term;
(3) Analytical laboratory data reports for the reporting period; and
(4) An evaluation of any known conditions or findings that might affect the validity of analytical data, including a review of quality assurance and quality control results reported during the monitoring period.
Source. #14420, eff 11-4-25, EXPIRES: 11-4-35
PART Env-Or 705 WAIVERS
Env-Or 705.01 Purpose. The purpose of the rules in this part is to
accommodate those situations where strict adherence to this chapter is not
needed to protect public health or the environment.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 705.02 Initiating a
Waiver Request.
(a) Any person who is or would be
directly and adversely affected by the strict application of a requirement
established in Env-Or 700 may request a waiver thereof.
(b) A request for a waiver shall:
(1) Be submitted in writing to the
department;
(2) Include the information
specified in Env-Or 705.03;
(3) Be signed as specified in
Env-Or 705.04; and
(4) Be submitted as soon as the
need for a waiver is identified.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 705.03 Information
Required for Waiver Request. The
person requesting the waiver shall provide the following information:
(a) The name, mailing address, and
daytime telephone number of the person requesting the waiver and, if other than
an individual, the name and daytime telephone number of a contact person and,
if available, a fax number and e-mail address;
(b) A description of the facility to which the waiver request relates,
including name, address, and department permit number;
(c) Identification of the rule for
which a waiver is being sought;
(d) A full explanation of why a
waiver is being requested, including an explanation of the economic and
operational consequences of complying with the rule as written;
(e) A full explanation of the
alternative(s) proposed to be implemented in lieu of complying with the rule(s)
for which a waiver is sought, if any, with backup data for support;
(f) A statement of whether the
requested waiver can be of limited duration; and
(g) A full explanation of how
granting the requested waiver would meet the criteria specified in Env-Or
705.05(a).
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15;
ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 705.04 Signature Required
for Waiver Request.
(a) The person requesting a waiver
shall authorize an individual to sign and date the request.
(b) The authorized individual shall sign and date
the request and print or type their name and title by the signature.
(c) The signature shall constitute
certification that:
(1) The information provided is
true, complete, and not misleading to the knowledge and belief of the signer; and
(2) The signer
understands that:
a. The submission of false,
incomplete, or misleading information is grounds for denying the waiver request
or revoking any waiver that is granted based on the information; and
b. The signer is subject to the
penalties specified in New Hampshire law, currently RSA 641:3, for making
unsworn false statements.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 705.03); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Env-Or 705.05 Department Action
on Waiver Request.
(a) The department shall grant a
waiver if it determines that:
(1) The requirement to be waived is
not established by statute, unless the statute that establishes the requirement
expressly authorizes the department to grant waivers of the requirement;
(2) Granting a waiver will not
result in any adverse effect on human health or the environment; and
(3) The aspect of facility siting or operations to which the waiver relates will be
consistent with the purpose of the release detection program.
(b) The department shall include
such conditions, including time limitations, as are necessary to ensure that
the activities conducted pursuant to the waiver will meet the criteria
specified in (a), above.
(c) The department shall issue a
written response to a request for a waiver within 60 days of receipt of the
request. If the request is denied, the
written response shall specify the reason(s) for the denial.
Source. #8812, eff 2-1-07; ss by #10832, eff 6-1-15
(from Env-Or 705.04); ss by #14420, eff 11-4-25, EXPIRES: 11-4-35
Appendix A
|
Rule
Section(s) |
State
Statute(s) Implemented |
|
|
|
|
Env-Or 700 |
RSA 485-C:13 |
|
|
|
*------------*+
Appendix B:
Incorporation by Reference Information
|
Env-Or Rule |
Title (Document ID #) -- Date |
Obtain at: |
|
|
|
ASTM International 100 Barr Harbor Drive PO Box C700 West Conshohocken, PA 19428-2959 1-877-909-2786 (USA & Canada) |
|
703.05(d)(1)c. |
“Standard Practice for Classification of Soils for Engineering Purposes (Unified Soil Classification System)” (ASTM D2487-17 (2025)) |
PDF $69; Hardcopy $69 + S/H |
|
703.05(d)(1)d. |
“Standard Practice for Description and Identification of Soils, (Visual Manual Procedures)” (ASTM D2488-17e1), 2018 |
PDF $76; Hardcopy $76 + S/H |
|
703.05(d)(3) |
“Standard Test Method for Standard Penetration Test (SPT) and Split-Barrel Sampling of Soils” (ASTM D1586/D1586M-18e1), 2022 |
PDF $99; Hardcopy $99 + S/H |
|
704.01(i)(3) |
“Standard Guide for Sampling Ground-Water Monitoring Wells” (ASTM D4448-01 (2019)) |
PDF $76; Hardcopy $76 + S/H |
|
704.01(i)(4) |
“Standard Guide for Selection of Passive Techniques for Sampling Groundwater Monitoring Wells” (ASTM D7929-20), 2020 |
PDF $76; Hardcopy $76 + S/H |
|
704.01(i)(6) |
“Standard Guide for Sampling Waste and Soils for Volatile Organic Compounds” (ASTM D4547-20), 2020 |
PDF $76; Hardcopy $76 + S/H |
|
704.02(a)(1) |
“Standard Practice for Design and Installation of Groundwater Monitoring Wells” (ASTM D5092/D5092M-16, (2024)) |
PDF $99; Hardcopy $99 + S/H |
|
704.02(a)(2) |
“Standard Practice for Direct Push Installation of Prepacked Screen Monitoring Wells in Unconsolidated Aquifers” (ASTM D6725/D6725M-16(2024)e1). |
PDF $76; Hardcopy $76 + S/H |
|
704.02(a)(3) |
“Standard Guide for Installation of Direct Push Groundwater Monitoring Wells” (ASTM D6724/D6724M-16 (2024)) |
PDF $76; Hardcopy $76 + S/H |
|
704.02(a)(4) |
“Standard Guide for Maintenance and Rehabilitation of Groundwater Monitoring Wells” (ASTM D5978/D5978M-16 (2024)) |
PDF $69; Hardcopy $69 + S/H |
|
704.02(a)(5) |
“Standard Guide for Development of Groundwater Monitoring Wells in Granular Aquifers” (ASTM D5521/D5521M-18 (2025)) |
PDF $76; Hardcopy $76 + S/H |
|
704.02(a)(6) |
“Standard Guide for Decommissioning of Groundwater Wells, Vadose Zone Monitoring Devices, Boreholes, and Other Devices for Environmental Activities” (ASTM D5299/D5299M-18), 2018 |
PDF $76; Hardcopy $76 + S/H |
|
|
|
Environmental Protection Agency 1200 Pennsylvania Avenue, N.W. Washington, DC 20460 (202) 272-0167 |
|
704.01(i)(1) |
“Practical Guide for Ground-Water Sampling”, , EPA/600/S2-85/104, US EPA, Sept. 1985 |
No cost to download from: |
|
704.01(i)(2) |
“RCRA Ground-Water Monitoring: Draft Technical Guidance”, PB87107751, US EPA, -- Nov. 1992
|
No cost to download from: https://www.epa.gov/sites/default/files/2015-06/documents/rcra_gwm92.pdf |
|
704.01(i)(5) |
“SW 846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, US EPA, EPA publication SW‐846, Third Edition, Final Updates I (1993), II (1995), IIA (1994), IIB (1995), III (1997), IIIA (1999), IIIB (2005), IV (2008), V (2015), VI (2017), and VII Phase II (2021). |
No cost to download from: https://www.epa.gov/hw-sw846/sw-846-compendium |
|
704.01(i)(7) |
EPA Method 533, November 2019. EPA Document ID Number: 815-B-19-020. Determination of Per- and Polyfluoroalkyl Substances in Drinking Water by Isotope Dilution Anion Exchange Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry. U.S. Environmental Protection Agency, Washington, DC. |
No cost to download from: https://www.epa.gov/sites/default/files/2019-12/documents/method-533-815b19020.pdf |
|
704.01(i)(7) |
EPA Method 537.1, Version 2.0, March 2020. EPA Document ID Number:
EPA/600/R-20/006. Shoemaker, J. and Dan Tettenhorst. Method 537.1
Determination of Selected Per- and Polyfluorinated Alkyl Substances in
Drinking Water by Solid Phase Extraction and Liquid Chromatography/Tandem
Mass Spectrometry (LC/MS/MS). U.S. Environmental Protection Agency,
Washington, DC. |
No cost to download from: https://cfpub.epa.gov/si/si_public_file_download.cfm?p_download_id=539984&Lab=CESER |
|
704.01(i)(8) |
EPA
Method 1633A, December 2024. EPA Document ID Number: 820-R-24-007. Method 1633, Revision A Analysis of Per- and Polyfluoroalkyl Substances
(PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS U.S.
Environmental Protection Agency, Washington, DC. |
No cost to download from: https://www.epa.gov/system/files/documents/2024-12/method-1633a-december-5-2024-508-compliant.pdf |
Appendix C:
Statutory Definitions
RSA 485-C:2:
I. “Ambient
groundwater quality standards” means maximum concentration levels for regulated
contaminants in groundwater which result from human operations or activities,
as delineated in RSA 485-C:6.
VIII. “Groundwater” means subsurface water that occurs beneath the water
table in soils and geologic formations.
XI. “Person” means any individual, partnership, company, public or private
corporation, political subdivision or agency of the state, department, agency
or instrumentality of the United States, or any other legal entity.
XIII. “Regulated contaminant” means any physical, chemical, biological,
radiological substance or other matter, other than naturally occurring
substances at naturally occurring levels, in water which adversely affects
human health or the environment.
XVIII. “Wellhead protection
area” means the surface and subsurface area surrounding a water well or
wellfield, supplying a public water system, through which contaminants are
reasonably likely to move toward and reach such water well or wellfield.
RSA 146-A:2:
VI-b. “Surface water” means
perennial and seasonal streams, lakes, ponds, and tidal waters within the
jurisdiction of the state, including all streams, lakes, or ponds bordering on
the state, marshes, watercourses, and other bodies of water, natural or artificial;