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GeoInsighter Summer 2002 Newsletter

New Groundwater Contamination Notification Policy

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New Hampshire (NH) State law requires notification of public water supply customers that do not meet State drinking water standards or that contain methyl tertiary butyl ether (MTBE) at concentrations above 5 parts per billion (ppb). However, in a State that relies as heavily upon ground water as a source of private, as well as public, drinking water as does NH, the absence of a similar notification requirement for owners of private wells located in the vicinity of contaminated ground water was identified as an inconsistency in protection of public health. In response to an Executive Order from the Governor, the NH Department of Environmental Services (NHDES) recently announced a change in notification requirements when there is a violation of Ambient Groundwater Quality Standards (AGQSs) or when MTBE is detected at or above 5 ppb. Effective July 1, 2002, the NHDES must notify owners of properties with public or private water supply wells that are located within 500 feet of any site where constituent concentrations in ground water exceed these criteria. (Under existing and proposed rules for conducting Site Investigations, consultants were required only to identify all lots with water supply wells within 1,000 feet of the property being investigated.) The Governor's Order and the NHDES's new policy (shortly to be codified in new regulations) require notification of:

  • the owners of any property that contains a water supply well and that is located within 500 feet of a contaminated well;

  • public water suppliers when contaminated ground water is identified within the wellhead protection area of the supply;

  • the health officer of any municipality in which a contaminated ground water supply is identified; and

  • the health officer of any municipality in which any property subject to the notification provisions of (a) and (b) is located.

To facilitate timely notifications, the NHDES is requesting early development of the potential receptor map (ordinarily performed during Site Investigation) for properties located within the 500?foot radius and the electronic transfer of owner information by e-mail. This requirement is effective immediately (i.e., July 1, 2002) for investigations being completed pursuant to existing regulations. After the NHDES receives confirmation of the AGQS violation or MTBE concentrations above 5 ppb, it has 30 days to notify owners of the property. The confirmation date is defined to be the date the Site Investigation Report (SIR) is received or the confirmatory ground water analytical data are received. It is important to note that the NHDES expects that 120 days will be the maximum time period for obtaining confirmatory ground water data, a time frame derived from the default time period allowed for completion of a SIR. This policy requirement sets a boundary on time to confirm detection of impacts that was previously undefined. Please note also that these notification requirements apply to existing sites monitored under a Groundwater Management Permit.

For more information, please contact me or Timothy R. Denison at the NHDES at 603-271-2370.

John A. Gilbert, P.E.
jagilbert@geoinc.com

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