New Hampshire Code of Administrative Rules We - Water Well Board
Overview of Chapter We — Water Well Board (New Hampshire)
The Water Well Board in New Hampshire is an administrative body that regulates the drilling, construction, maintenance, and abandonment of water wells in the state. The Board’s rules are codified under Chapter We of the New Hampshire Code of Administrative Rules. These rules are designed to protect public health, ensure safe and reliable water supplies, and manage groundwater resources responsibly.
Legal Authority and Framework
The Water Well Board operates under the authority granted by the New Hampshire Revised Statutes Annotated (RSA) Chapter 482-B, which governs water well drilling and licensing.
The Board’s administrative rules implement the statutory requirements of RSA 482-B and establish standards for well construction, licensing of well drillers, reporting, and enforcement.
The Water Well Board is typically part of the New Hampshire Department of Environmental Services (DES) and works closely with other state agencies.
Key Areas Covered in Chapter We
1. Licensing of Well Drillers
Requirements for obtaining and renewing licenses for individuals and businesses that drill, repair, or abandon water wells.
Qualifications, experience, and examinations required for licensure.
Standards of professional conduct and grounds for disciplinary action or license suspension/revocation.
2. Standards for Well Construction
Technical standards specifying how wells must be constructed, including materials, casing, sealing, and depths, to prevent contamination and ensure safe water delivery.
Requirements for well location relative to potential contamination sources, such as septic systems.
3. Reporting and Recordkeeping
Obligations of licensed drillers to submit reports on well construction and abandonment to the Water Well Board.
Maintenance of records documenting well specifications and locations.
4. Inspection and Enforcement
Procedures for inspecting wells to ensure compliance with regulations.
Enforcement mechanisms including fines, penalties, and corrective orders for violations.
Process for hearings and appeals regarding enforcement actions.
5. Abandonment of Wells
Guidelines on properly sealing and abandoning wells to prevent groundwater contamination.
Reporting requirements for abandoned wells.
Purpose and Public Policy
The rules aim to protect groundwater quality and public health by ensuring wells are drilled and maintained safely and according to best practices.
They provide consumer protection by regulating who may operate as a well driller and holding them to professional standards.
By managing well construction and abandonment, the Board helps prevent environmental hazards and maintain sustainable groundwater resources.
Relevant Case Law Principles
Though specific case law involving the New Hampshire Water Well Board may be limited, courts in New Hampshire have recognized and applied several principles related to administrative rulemaking and enforcement in this context:
1. Deference to Agency Expertise
Courts generally defer to the technical expertise of the Water Well Board in matters of well construction standards and licensing, especially when backed by scientific and environmental data.
2. Procedural Due Process
Enforcement actions (e.g., license revocation or fines) must comply with constitutional procedural due process requirements, including notice and opportunity to be heard.
3. Strict Compliance with Environmental and Public Health Regulations
Courts uphold strict enforcement of well construction and abandonment standards to protect public health and groundwater, recognizing the state’s interest in environmental regulation.
4. Judicial Review of Administrative Actions
Decisions by the Water Well Board are subject to judicial review under the New Hampshire Administrative Procedure Act, allowing courts to overturn actions that are arbitrary, capricious, or not supported by substantial evidence.
Summary
Chapter We of the New Hampshire Code of Administrative Rules governs the Water Well Board, which regulates licensing, construction, maintenance, and abandonment of water wells in New Hampshire.
The Board’s rules implement RSA 482-B, ensuring that wells are drilled safely to protect public health and the environment.
The Board oversees licensing, establishes construction standards, requires reporting, and enforces compliance through inspections and disciplinary actions.
Courts defer to the Board’s technical expertise but require procedural fairness and allow judicial review of administrative decisions.
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