New Hampshire Administrative Code

All records shall be organized, arranged, or prepared to ensure that sufficient data is available to determine the status of compliance with these rules. Records pertaining to the system design or that are necessary for future evaluation of the system's safety shall be retained f…

Each sewer utility shall keep sufficient records of the operation of its pumping, treatment, and other units to show the characteristics and performance of each. Notes N.H. Admin. Code § En 706.02 Derived from Number 15, Filed April 11, 2024, Proposed by #13912, Effective 3/21/20…

(a) Each sewer utility shall have on file at its principal office located within New Hampshire a suitable map, maps, or drawings showing the following: (1) Size, character, and location of all mains, service pipes, including disposal points, and manholes; (2) Location and layout …

(a) The sewer utility shall furnish the department with any information concerning the sewer utility's facilities or operations which the department shall request and need for evaluating rates and the practices of the sewer utility. (b) Each utility shall file periodic reports wi…

(a) Each sewer utility shall adopt comprehensive instructions for the safety of employees regarding the operation, construction, and maintenance of its plant and facilities. (b) Each sewer utility shall institute practices and programs to establish that its employees have been pr…

(a) Each sewer utility shall institute and maintain a program instructing its employees engaged in electrical work or work in hazardous atmospheres, such as in-ground pump stations or meter vaults, in safety procedures for resuscitation emergencies. (b) The sewer utility shall fu…

(a) Each sewer utility shall report to the department as soon as possible after each accident occurring in connection with the operation of its property, facilities, or services, wherein any person shall have been killed or seriously injured or whereby serious property damage has…

The department shall, from time to time, inspect the works and system of each sewer utility and the manner in which it has conformed and presently conforms to statutes or department or commission rules or orders. Notes N.H. Admin. Code § En 707.04 Derived from Number 15, Filed Ap…

(a) Each sewer utility shall complete and file with the department and the commission a department "Form E-5S, Utility Accident Report," revised March 2024 within 10 working days of when a sewer utility accident, as described in En 707.03 (a) and (d), occurs. Notes N.H. Admin. Co…

(a) Each sewer utility shall report by completing and submitting department "Form E-16, Report of Sewer Meter Complaint Tests," revised March 2024, available on the department's website at www.energy.nh.gov, to the department monthly if water or sewer meter complaints occur, the …

(a) Each sewer utility which maintains its books on a calendar year basis shall complete and file department form "F-16-Sewer Utilities, Annual Report of [Exact Legal Name of Respondent]" revised March 2024, available on the department's website at www.energy.nh.gov, and file one…

(a) Each sewer utility shall complete and file with the department and the commission a completed department "Form F-22, Information Sheet" revised October 2023, available on the department's website at www.energy.nh.gov: (1) Annually; and (2) Whenever any changes occur to the in…

(a) "Electronic filing" means the filing with the department or the commission of an electronic version of a document or form. (b) The department shall maintain a list on its web site of the types of electronic file formats compatible with its and the commission's computer system…

(a) The purpose of En 800 is to protect the public, operators, and excavators from physical harm, damages, and interrupted service resulting from damage to underground facilities. (b) En 800 establishes procedures and requirements relative to:(1) Minimum requirements for the oper…

(a) Each operator, as defined in En 802.12, shall:(1) Comply with En 800 and RSA 374:48-56; and (2) Maintain membership with the notification center. (b) Any person, including any person who owns or operates an underground facility in New Hampshire but who is not an operator, as …

"Blasting" means "blasting" as defined in RSA 374:48, VIII, namely, "excavation by means of explosives." Notes N.H. Admin. Code § En 802.01 Derived from Number 37, Filed September 12, 2024, Proposed by #14062, Effective 8/21/2024, Expires 8/21/2034.

"Damage" means any impact or exposure that results in the need to repair an underground facility due to the weakening or the partial or complete destruction of the underground facility, including, but not limited to, the protective coating, lateral support, corrosion control, or …

"Department" means the New Hampshire department of energy. Notes N.H. Admin. Code § En 802.03 Derived from Number 37, Filed September 12, 2024, Proposed by #14062, Effective 8/21/2024, Expires 8/21/2034.

"Emergency situation" means a circumstance involving a clear and imminent danger demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Notes N.H. Admin. Code § En 802.04 Derived from Number 37, Filed Septemb…

"Excavation" means "excavation" as defined in RSA 374:48, III, namely, "any operation conducted on private property or in a public way, right-of-way, easement, public street, or other public place, in which earth, rock, or other material in the ground is moved, removed, or otherw…

"Excavator" means "excavator" as defined in RSA 374:48, IV, namely, "any person performing an excavation." Notes N.H. Admin. Code § En 802.06 Derived from Number 37, Filed September 12, 2024, Proposed by #14062, Effective 8/21/2024, Expires 8/21/2034.

"Extraordinary circumstances" means events or conditions other than normal operating conditions which exist and make it significantly impractical or impossible for an underground facility owner or member owning, operating, or both, an underground facility to comply with the provi…

"Hand digging" means any excavation involving non-mechanized tools or equipment and includes, but is not limited to, digging with shovels, picks, probing bars, and manual post hole diggers. Notes N.H. Admin. Code § En 802.08 Derived from Number 37, Filed September 12, 2024, Propo…

"Holiday" means any legal holiday pursuant to RSA 288:1 or, when such holiday falls on a Sunday, the following day pursuant to RSA 288:2. Notes N.H. Admin. Code § En 802.09 Derived from Number 37, Filed September 12, 2024, Proposed by #14062, Effective 8/21/2024, Expires 8/21/203…

"Locator" means a person acting on behalf of an operator to identify and mark the locations of underground facilities in accordance with En 806. Notes N.H. Admin. Code § En 802.10 Derived from Number 37, Filed September 12, 2024, Proposed by #14062, Effective 8/21/2024, Expires 8…

"Notification center" means the entity that performs the primary function of the system, is open to all operators within the state of New Hampshire, maintains a database of its members and operators and the specific geographic areas in which each of its members and operators desi…

"Operator" means "operator" as defined in RSA 374:48, IV-a, namely, "any public utility as defined in RSA 362:2 or RSA 362:4, any cable television system as defined in RSA 53-C:1, and any liquefied petroleum gas company operating any jurisdictional facility or facilities as defin…

"Person" means "person" as defined in RSA 374:48, V, namely, "any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political s…

"Premark" means identifying the perimeter of the proposed site of an excavation by marking the perimeter in an appropriate manner as required in these rules. Notes N.H. Admin. Code § En 802.14 Derived from Number 37, Filed September 12, 2024, Proposed by #14062, Effective 8/21/20…

"System" means "system" as defined in RSA 374:48,VI, namely, "the underground facility damage prevention system referred to in RSA 374:49." Notes N.H. Admin. Code § En 802.15 Derived from Number 37, Filed September 12, 2024, Proposed by #14062, Effective 8/21/2024, Expires 8/21/2…

"Tolerance zone" means an area surrounding an underground facility, which is equal to the width of the underground facility plus 18 inches measured horizontally on either side of the underground facility. Notes N.H. Admin. Code § En 802.16 Derived from Number 37, Filed September …

"Underground facility" means "underground facility" as defined in RSA 374:48, VII, namely, "any property which is buried, placed below ground, or submerged on a public way, private property, right-of-way, easement, public street, or other public place and is being used or will be…

(a) The system shall operate a notification center, as contemplated by RSA 374:49. (b) The notification center required by (a) above shall:(1) Receive notification from excavators about intended excavation activities; (2) Provide to excavators who give notice of an intent to enga…

(a) The notification center shall assure that the toll-free telephone number shall be prominently displayed in telephone directories state-wide. (b) The notification center shall:(1) Make available literature describing the notification center; (2) Assure the distribution of such…

(a) Each operator shall notify the department as soon as reasonably possible, which in any event shall be within 24 hours of when it receives an excavator's notification or otherwise has reason to believe that damage as defined in En 802.02, has occurred to its underground facili…

(a) Any operator who owns or operates an underground facility used in the transportation of gas or hazardous liquids and subject to the federal pipeline statute, 49 U.S.C. §§ 60101 to 60137, shall: (1) Maintain a current list of the names and contact information of persons who no…

(a) Locators shall be trained in accordance with the National Utility Locating Contractors Association (NULCA) Professional Competence Standards for Locating Technicians, Fifth Edition 2017, available noted in Appendix B, including the competencies as described in (b) below. (b) …

(a) No person shall perform an excavation within 100 feet of an underground facility, except in an emergency situation pursuant to En 805.03, without first giving notification in accordance with this section. (b) Excavators shall, pursuant to RSA 374:51 notify the notification ce…

(a) Any person conducting excavation activity that affects the tolerance zone surrounding an underground facility at all times shall exercise such reasonable care as is necessary to protect the underground facility from damage. (b) Except as provided in (c) below, in order to loc…

(a) If necessary to respond in an emergency situation, an excavator may begin an excavation without notifying the notification center prior to excavation as required by En 805.01, but shall notify the notification center at the earliest practicable moment. (b) In notifying the no…

(a) If an excavator determines that blasting will be required during an excavation, the excavator shall inform the notification center when providing notice of the excavation. (b) If an excavator determines during the effective term of the excavator's notification that blasting i…

When an excavator causes any damage to an underground facility not owned or operated by the excavator, the excavator shall: (a) Call 911 when: (1) A gas underground facility is damaged and there is a release of gas; (2) An electric underground facility is damaged and an excavator…

(a) An operator shall use one of the following marking methods to mark the tolerance zone of an underground facility:(1) The corridor marking method shall be the practice of placing markers at either boundary of the tolerance zone, such that the markers will be 18 inches plus one…

(a) Within 72 hours after receipt of notice from a proposed excavator or from the notification center of a proposed excavation, but not including Saturdays, Sundays, and holidays, an operator or member of the notification center who owns or operates an underground facility, shall…

(a) When an operator marks its underground facility, it shall indicate:(1) The width of the underground facility for all facilities greater than 1 inch nominal diameter; (2) The specific owner or operator of the underground facility; and (3) The function of the underground facili…

Each operator and member of the notification center who owns or operates an underground facility, shall develop internal practices and procedures to: (a) Receive and respond to emergency notifications; and (b) Mark the location of facilities in emergency situations. Notes N.H. Ad…

(a) Upon completing the installation of new underground facilities within an area that has been subject to excavator notification and premarking pursuant to En 805.01, an operator shall make reasonable efforts to communicate the existence of such new facilities if they are covere…