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

AspectDescription
AgencyNH Department of Environmental Services
Code PrefixEnv
CoversWater, air, waste, wetlands, hazardous materials, etc.
Legal BasisAdministrative rules based on state environmental laws
Enforced byNHDES via permits, inspections, enforcement
Public InvolvementRulemaking includes public notice and comment

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