Title L, Water Management and Protection

I. (a) It shall be unlawful for any person or persons to discharge or dispose of any sewage or waste to the surface water or groundwater of the state without first obtaining a written permit from the department of environmental services. Applications for permits shall be made upo…

Any person, except for state, and local governments, including counties, and political subdivisions, issued a groundwater permit under RSA 485-A:13, I(a) shall pay to the department a fee of $1,000 for the 5-year permit. Said fee shall be for processing such permits, including an…

I. The lawful owner of any petroleum-powered vehicle or petroleum container that becomes partially or completely submerged in the surface waters of the state shall remove the vehicle or container from the water within 48 hours or as soon thereafter as safety and weather condition…

I. It shall be unlawful for any person to put or place, or cause to be put or placed into a surface water of the state or on the ice over such waters, or on the banks of such waters, any solid waste as defined in RSA 149-M or hazardous waste as defined in RSA 147-A, including but…

If the department finds that an emergency has arisen from failure of or casualty to facilities for the control of pollution, the department may, if it finds that the best interests of the public will not unduly suffer, authorize any person for a reasonable time to discharge sewag…

I. Any person proposing to dredge, excavate, place fill, mine, prospect, transport forest products or undertake construction in or on the border of the surface waters of the state, and any person proposing to significantly alter the characteristics of the terrain, in such a manne…

I. Any authorized member or agent of the department may enter any land or establishment for the purpose of collecting information that may be necessary to the purposes of this chapter and no owner of such establishment shall refuse to admit any such member or employee. II. The de…

The procedure for rehearings and appeal shall be that prescribed by RSA 21-O:14.

I. "Developed waterfront" property means any parcel of land upon which stands a structure suitable for either seasonal or year-round human occupancy, where such parcel of land is contiguous to or within 250 feet of the reference line, as defined in RSA 483-B:4, XVII, of: (a) A fr…

The following shall not be subject to this chapter: I. Mining activities in existence before August 24, 1979. II. The crushing of rock for the purpose of producing construction aggregate regulated pursuant to RSA 155-E.

The department shall have power to subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and to compel the production of any account books, contracts, records, documents, memoranda and papers of any kind necessary to the pu…

Witnesses summoned before the department shall be paid the same fee as witnesses summoned to appear before the superior court, and such summons issued by any justice of the peace shall have the same effects as though issued for appearance in court. No person so testifying shall b…

I. Any person who willfully or negligently violates any provision of this subdivision or RSA 485-A:4-6; or any rule of the department adopted pursuant to this subdivision or RSA 485-A:4-6 or any condition or limitation in a permit issued under this subdivision or RSA 485-A:4-6; o…

The director of the division of forests and lands, department of natural and cultural resources, or his or her authorized agents, may: I. Issue a written cease and desist order against any timber operation in violation of this chapter. Any such violation may be enjoined by the su…

I. In this section: (a) "Pool" means a man-made structure and associated pump, filter, drain, and electrical equipment that is used for recreational or therapeutic bathing, swimming, diving, or other contact with the water such as by wading, splashing, tubing, or sliding. "Pool" …

I. The owner of a public bathing facility that is open for 9 months or more in a calendar year shall on an annual basis submit to the department, a self-certification declaration stating that each pool at the facility is in compliance with all applicable public bathing facility r…

I. Any person operating or maintaining a public swimming pool or bathing place facility without the same having been approved by the department may be enjoined by the superior court or any justice of the court upon petition brought by the attorney general. II. Whenever the depart…

I. Effective January 1, 2022, a public bathing facility shall be operated only under the supervision of an individual who has successfully completed a certified pool and spa operator certification program offered by the Association of Pool and Spa Professionals, National Swimming…

I. Whoever violates any of the provisions of this subdivision, or rules adopted under this subdivision shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. II. The commissioner may impose an administrative fine not to exceed $2,000 f…

I. (a) Any person proposing either to subdivide land, except as provided in RSA 485-A:33, or to construct a sewage or waste disposal system, shall submit 2 copies of such locally approved plans as are required by the local planning board or other local body having authority for t…

It is hereby declared, as a matter of legislative intent, that the department shall, in the administration and enforcement of this chapter, strive to provide that all sources of pollution within the state shall be abated within such times and to such degrees as shall be required …

I. Any person submitting plans and specifications for a subdivision of land shall pay to the department a fee of $450 per lot. Said fee shall be for reviewing such plans and specifications and making site inspections. Any person submitting plans and specifications or an applicati…

I. All lots on which wastewater is or will be disposed on-site and all lots on which a private well exists or will be installed, including lots created prior to August 20, 1989, shall be subject to the following conditions: (a) Rules adopted under this section concerning such lot…

I. Subject to paragraphs II and III, the department shall give notice in writing to the person submitting the plans and specifications for subdivision of land of its approval or of the need for additional information to complete the review of such plans and specifications within …

I. No person shall construct any building from which sewage or other wastes will discharge or construct a sewage or waste disposal system without prior approval of the plans and specifications of the sewage or waste disposal system by the department. Nothing herein shall be const…

I. No plans and specifications shall be required whenever the proposed sewage or waste disposal system will be connected to any public sewer system operated by any municipality or other governmental body within the state. II. No plans and specifications shall be required whenever…

I. The department shall require soil data describing soil types and their physical and related characteristics as exist in the proposed subdivision. Such soil data will consist of soils maps and charts as prepared by the U.S. Department of Agriculture, Natural Resources Conservat…

I. (a) All applications, plans, and specifications submitted in accordance with this chapter for subsurface sewage or waste disposal systems shall be prepared and signed by the individual who is directly responsible for them and who has a permit issued by the department to perfor…

I. (a) No individual shall engage in the business of installing subsurface sewage or waste disposal systems under this subdivision without first obtaining an installer's permit from the department. The permit holder shall be responsible for installing the subsurface sewage or was…

Any person who has installed or otherwise acquired a subsurface sewage or waste disposal system installed in accordance with the provisions of this subdivision is required to operate and maintain said system in such a manner as to prevent a nuisance or potential health hazard due…

I. Prior to expanding any structure or any change in use, which would increase the load on a sewage disposal system, the owner of such structure shall submit an application for approval of the sewage disposal system to the department. Application for approval shall include one of…

I. Prior to the transfer of any developed waterfront property using a septic system, where any portion of the septic system is within 250 feet of the reference line as defined in RSA 483-B:4, XVII, the buyer of the property shall, at the buyer's expense, engage a New Hampshire li…

It shall be the duty of the department and the department is authorized: I. To exercise general supervision over the administration and enforcement of this chapter. II. To study and investigate all problems connected with the pollution of the surface waters or groundwaters of the…

If any person submitting plans and specifications to the department for its approval is aggrieved or dissatisfied with its decision, he or she shall, in addition to any rights to appeal a department decision under RSA 21-O:14, have a right of appeal from the decision of the depar…

The commissioner shall: I. Exercise general supervision over the administration and enforcement of this subdivision. II. Employ necessary personnel. III. Prohibit construction of systems which would pollute the surface waters or groundwaters of the state, until an acceptable and …

I. (a) The department may issue an order to any person in violation of this chapter, of rules adopted under this chapter, or of any condition of a permit issued under this chapter. (b) The department may require such remedial measures as are necessary to correct the violation. (c…

I. Any person who shall violate any of the provisions of this subdivision or who shall knowingly fail, neglect or refuse to obey any order of the department or member or authorized agent of the department issued under the authority of this subdivision, or who shall knowingly make…

I. On application of the department, the superior court or any justice of the court, in term time or in vacation, may enjoin any act in violation of this subdivision. II. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impendi…

I. The department is authorized and directed to acquire, plan, construct, and operate, to serve certain municipalities within the Winnipesaukee river basin (including, but not necessarily limited to Meredith, Laconia, Gilford, Belmont, Sanbornton, Tilton, Northfield, and Franklin…

Any future payments due from a municipality which has undertaken construction (or engaged in engineering study, planning or design), as outlined in RSA 485-A:45, since July 1, 1947, to pay for such construction, study, planning, or design, and the facility involved is acquired by…

To administer the provisions of this chapter and to perform such other related duties as may be required, the department of environmental services is designated as the agency to receive and utilize any federal or other aids which may at any time be made available in the interest …

All present powers, duties and functions conferred upon municipalities within the basin in connection with the planning, construction, financing and operation of sewage or waste treatment facilities (excepting common sewers and other collector facilities considered ineligible for…

I. With the approval of the governor and council, the department may use state, federal or other funds accruing to the department and funds borrowed from the state water pollution control and drinking water revolving loan fund established under RSA 486:14 for the acquisition of e…

I. After the effective date of any pretreatment standards established and prescribed by the department pursuant to RSA 485-A:4, XV, no person shall discharge into the collection system or the sewage treatment facility of any municipality or other governmental entity being served …

The department shall certify operators of wastewater treatment plants. Wastewater treatment plants shall be operated only by certified operators.

I. Each municipality shall either provide, or assure access to, a department of environmental services approved septage facility or a department approved alternative option for its residents. II. For the purposes of paragraph I, "provide, or assure access to" shall mean a written…