New Hampshire Code of Administrative Rules Env - Department of Environmental Services
The New Hampshire Code of Administrative Rules, specifically the "Env" series, refers to the rules and regulations established by the New Hampshire Department of Environmental Services (NHDES). These rules are designed to implement and enforce environmental laws passed by the New Hampshire Legislature.
🔹 What is the "Env" Code?
The "Env" prefix stands for Environmental Services. This code covers the administrative rules adopted by the Department of Environmental Services (DES), which is the state agency responsible for protecting and managing New Hampshire’s environment.
These rules are legally binding regulations that:
Provide specifics on how state environmental laws are implemented.
Outline the procedures and standards that must be followed by individuals, businesses, and municipalities.
Ensure consistent, fair, and clear enforcement of environmental policies.
🔹 Structure of the Env Rules
The rules are organized into chapters and parts, based on subject area. Each set of rules is labeled with a code, such as Env-A, Env-Wt, Env-Wq, etc., where:
Env-A = Administrative Rules
Env-C = Commissioner’s Office
Env-Or = Organizational Rules
Env-Sw = Solid Waste
Env-Wq = Water Quality
Env-Wt = Wetlands
Env-Aq = Air Quality
Env-Ws = Drinking Water Supply
Env-Hw = Hazardous Waste
Env-Wr = Water Resources
Each section has its own detailed rules. For example:
🔸 Env-Wq – Water Quality
These rules deal with:
Surface and groundwater quality standards
Septic system approvals
Water reuse and wastewater treatment
Stormwater management
Shoreland protection
🔸 Env-Wt – Wetlands
These rules govern:
Dredge and fill permits
Wetlands mitigation
Designation and protection of prime wetlands
Stream crossings and tidal buffer zones
🔸 Env-Sw – Solid Waste
Covers:
Landfill regulations
Solid waste facility permits
Composting and recycling programs
Transfer stations
🔸 Env-Aq – Air Quality
Regulates:
Emissions from industrial facilities
Air pollution control equipment
Permitting for sources of air pollution
Monitoring and enforcement of air quality standards
🔹 Purpose of the Env Rules
The primary purposes are:
Public Health Protection – Ensuring clean air, safe drinking water, and proper waste management to prevent harm to people.
Environmental Protection – Conserving natural resources and habitats, reducing pollution, and managing land and water use sustainably.
Legal Compliance – Providing the legal framework for enforcing environmental laws and issuing permits, fines, or corrective actions.
Guidance for Regulated Entities – Helping businesses, developers, towns, and citizens understand what is required to comply with environmental regulations.
🔹 Rulemaking Process
These rules are created and amended through a structured rulemaking process governed by the New Hampshire Administrative Procedure Act. Key steps include:
Proposal – NHDES drafts the rule.
Public Notice – The rule is published for public awareness.
Public Hearing – Citizens and stakeholders can provide comments.
Final Adoption – After revisions and review, the rule is officially adopted and becomes part of the Code.
🔹 Enforcement and Compliance
NHDES enforces the Env rules through:
Permits (e.g., for wetlands impact, waste disposal, emissions)
Inspections
Monitoring and Reporting Requirements
Violations and Penalties (fines, cleanup orders, or legal action)
🔹 Examples of Regulated Activities
Building a dock on a lake (requires a permit under Env-Wt)
Discharging wastewater from a factory (regulated under Env-Wq)
Operating a landfill (regulated under Env-Sw)
Constructing a subdivision near a wetland (regulated under Env-Wq and Env-Wt)
Summary
Aspect | Description |
---|---|
Agency | NH Department of Environmental Services |
Code Prefix | Env |
Covers | Water, air, waste, wetlands, hazardous materials, etc. |
Legal Basis | Administrative rules based on state environmental laws |
Enforced by | NHDES via permits, inspections, enforcement |
Public Involvement | Rulemaking includes public notice and comment |
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