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2021 New Hampshire Revised Statutes
Title L - Water Management and Protection
Title 485-F - Administration of the Drinking Water and Groundwater Trust Fund
Section 485-F:3 - Implementation of Drinking Water and Groundwater Protection.
Universal Citation: NH Rev Stat § 485-F:3 (2021)
485-F:3 Implementation of Drinking Water and Groundwater Protection. –
I. The New Hampshire drinking water and groundwater advisory commission, established in RSA 485-F:4, shall administer the drinking water and groundwater trust fund through the MTBE remediation bureau. Subject to the approval of the fiscal committee of the general court, trust fund proceeds sufficient to fund the department's MTBE remediation bureau and qualifying projects shall be transferred to the department and maintained in a separate, nonlapsing account, continually appropriated to the department for the purpose of paying all costs of this program. The department shall provide administrative support to the drinking water and groundwater advisory commission by performing the following duties, including but not limited to:
(a) Investigating, managing, and remediating contaminated groundwater.
(b) Assisting local and regional entities in the development and administration of local wellhead protection programs, including delineation of wellhead protection areas and the inventory and management of activities which have a potential effect on groundwater quality.
(c) Maintaining a statewide map identifying the classes of groundwater.
(d) Measuring levels of contamination statewide and generating maps to show the areas of greatest contamination.
(e) Maintaining an inventory of wells serving public water supply systems, and to the extent practicable other wells, and establishing a priority list for delineation of systems that are currently contaminated with MTBE.
II. The department shall adopt rules, under RSA 541-A, relative to:
(a) Administering a competitive grant program for drinking water protection projects.
(b) Administering the revolving loan fund.
III. Costs paid from the drinking water and groundwater trust fund for the action described in paragraph I(a) and recovered by the state under RSA 147-B:10, shall be deposited to the trust fund. In addition, upon payment from the trust fund for any costs for which a third party would otherwise be liable, the right to recover payment from such third party shall be assumed by the drinking water and groundwater advisory commission to the extent of payment made from the trust fund. Except as provided in RSA 485-H:6, any money so recovered shall be repaid to the trust fund. No party shall receive multiple compensation for the same injury, and any such compensation shall be repaid to the trust fund.
I. The New Hampshire drinking water and groundwater advisory commission, established in RSA 485-F:4, shall administer the drinking water and groundwater trust fund through the MTBE remediation bureau. Subject to the approval of the fiscal committee of the general court, trust fund proceeds sufficient to fund the department's MTBE remediation bureau and qualifying projects shall be transferred to the department and maintained in a separate, nonlapsing account, continually appropriated to the department for the purpose of paying all costs of this program. The department shall provide administrative support to the drinking water and groundwater advisory commission by performing the following duties, including but not limited to:
(a) Investigating, managing, and remediating contaminated groundwater.
(b) Assisting local and regional entities in the development and administration of local wellhead protection programs, including delineation of wellhead protection areas and the inventory and management of activities which have a potential effect on groundwater quality.
(c) Maintaining a statewide map identifying the classes of groundwater.
(d) Measuring levels of contamination statewide and generating maps to show the areas of greatest contamination.
(e) Maintaining an inventory of wells serving public water supply systems, and to the extent practicable other wells, and establishing a priority list for delineation of systems that are currently contaminated with MTBE.
II. The department shall adopt rules, under RSA 541-A, relative to:
(a) Administering a competitive grant program for drinking water protection projects.
(b) Administering the revolving loan fund.
III. Costs paid from the drinking water and groundwater trust fund for the action described in paragraph I(a) and recovered by the state under RSA 147-B:10, shall be deposited to the trust fund. In addition, upon payment from the trust fund for any costs for which a third party would otherwise be liable, the right to recover payment from such third party shall be assumed by the drinking water and groundwater advisory commission to the extent of payment made from the trust fund. Except as provided in RSA 485-H:6, any money so recovered shall be repaid to the trust fund. No party shall receive multiple compensation for the same injury, and any such compensation shall be repaid to the trust fund.
Source. 2016, 11:2, eff. Mar. 31, 2016. 2017, 156:208, eff. July 1, 2017. 2018, 258:1, eff. Aug. 11, 2018. 2019, 346:295, eff. July 1, 2019. 2021, 223:10, eff. Aug. 24, 2021.
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