Local Reclassification of Groundwater To Implement Protection Programs: A Seven-Step Process

Groundwater reclassification, established under RSA 485-C, is a process to provide greater protection to land areas contributing water to public water systems or to other locally-important groundwater resources. Reclassification is initiated by a “local entity” which may include a water supplier, city or town, village district, or other duly constituted municipal unit, e.g., planning board, conservation commission.

The primary benefit of reclassification is increased safety of water supply wells in the area that has been reclassified. With reclassification, the local entity conducts education efforts and inspections also referred to as “surveys” to monitor compliance with best management practices (BMPs) for handling regulated substances within the reclassified area.

DES can provide technical assistance to complete the reclassification process including the location of potential contamination sources (PCSs) as well as existing delineations of wellhead protection areas and other important groundwater resources. For more information on how reclassification can affect property use see fact sheet WD-DWGB-22-3 “Groundwater Reclassification and How it Effects the Property Owner.”

STEP TWO: Inventory, Visit and Verify Potential Contamination Sources (PCSs) Located in Delineated Area – The inventory is performed by the local entity requesting reclassification and must include information as listed in RSA 485-C:8. DES maintains a PCS database that can provide a partial listing of PCSs and a GIS map at www.des.nh.gov/gis/onestop. This information can be used as a guide and starting point for inventory inspections. However, the PCS inventory must be verified and completed locally, and this is typically done through onsite inspections or drive-by (windshield) surveys and phone calls. The purpose of the inspection or phone call is to insure that all PCSs in the inventory use, handle, store, or dispose of regulated substances. If they do not, they should be taken off the inventory. The local entity should submit the updated inventory and map as part of the reclassification application.

STEP THREE: Hold An Informational Meeting (optional) – The purpose of this meeting is to inform the public of the intention to implement a protection program. The meeting is optional, but if the meeting is held the following information must accompany the reclassification request: date and location of meeting, number of people who attended, locations of two public notification postings, name of local newspaper in which notice was published, and a summary of the required information that was presented at the meeting as per Env-Dw 901.13.

STEP FOUR: Describe The Management Program – Developed by the local entity requesting reclassification, this summary of the local program identifies the process that will be utilized for updating the inventory, notifying PCSs (at intervals not to exceed three years), and performing inspections for compliance with the BMP rules Env-Wq 401. In addition, it provides names and addresses of all landowners in the area to be reclassified and a list of all facilities, which have or would need to obtain release detection permits. It also includes an assessment of the local entity’s ability to implement and maintain the protection program authorized by reclassification. The required elements of the management program are defined and listed under Env-Dw 901.16.

STEP FIVE: Submit A Request To Reclassify Groundwater to DES – This request, submitted by the local entity requesting reclassification, is accomplished by filling out a reclassification request form and sending it to DES. It should be accompanied by the information completed in Steps 1-4. A checklist of items that must accompany the reclassification request is available at www.des.nh.gov/dwspp/reclass.htm.

STEP SIX: DES Acts on Reclassification Request – After acknowledging receipt of the completed reclassification request, DES must notify all land holders of record and the town or city clerk of all affected municipalities. DES will then schedule a public hearing in accordance with RSA 485-C:9 VI and the provisions of Env-C 200. DES must provide notice 30 days in advance of a public hearing to all landowners within the area to be reclassified. After the hearing, the Commissioner of DES grants or denies the reclassification request. If the request is denied, DES must notify the local entity of the reasons for denial.

STEP SEVEN: Implement the Local Management Program – Every three years the local entity must update the PCS inventory, notify PCS owners as per RSA 485-C:8 III(b), and conduct PCS surveys (i.e. inspections). If the local entity fails to implement and/or maintain the protection program authorized by reclassification, the groundwater could be reclassified to class GA2 or GB, which do not contain inspection and enforcement authorities.

For Additional Information
For additional information, please contact the Drinking Water and Groundwater Bureau at (603) 271-2513 or dwgbinfo@des.state.nh.us or visit our website at www.des.nh.gov/dwgb. All of the bureau’s fact sheets are on-line at www.des.nh.gov/dwg.htm.

Note: This fact sheet is accurate as of January 2007. Statutory or regulatory changes, or the availability of additional information after this date may render this information inaccurate or incomplete.