Rules from the NH DES website 1/10/2010
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES
Env-Or 602.03 “Background” means the concentration of a chemical in the environment that would
exist at a site in the absence of a discharge, including chemicals that are ubiquitous and consistently present at
or in the vicinity of the site such as:
(a) Coal or wood ash associated with fill material;
(b) Petroleum residues that are incidental to the normal operation of motor vehicles;
(c) Asphalt pavement and petroleum compounds contained in associated sub-base materials;
(d) Fertilizers that were applied in a manner consistent with their labeling; and
(e) Pesticides that were applied in a manner consistent with their labeling.
Env-Or 602.05 “Certificate of no further action” means a certificate issued by the department which
certifies that:
(a) No further investigation, remediation, or other actions are required;
(b) Any necessary activity and use restrictions have been implemented;
(c) Any monitoring requirements necessary to implement an activity and use restriction are being met;
and
(d) All fees and costs due under RSA 146-A, RSA 146-C, RSA 147-A, RSA 147-B, and RSA 147-F
have been paid.
Env-Or 602.21 “Presumptive remedy” means a technology or process used to remediate a particular
type of contamination, which in other applications has been cost-effective based on historical performance
data for sites with similar hydrogeological characteristics and is protective of human health and the environment.
Env-Or 604.06 Discharges of Oil Requiring Immediate Notification. The responsible party or other
person who becomes aware of an oil discharge shall notify the department immediately after obtaining
knowledge that a discharge meeting one or more of the following criteria has occurred:
(a) A discharge of any oil into surface water or groundwater of the state;
(b) A discharge of 25 gallons or more of oil to land;
(c) A discharge of less than 25 gallons of oil to land, unless the discharge is cleaned up immediately
and properly disposed of;
(d) A discharge of oil that results in the presence of vapors that pose an imminent threat to human
health;
(e) A discharge of oil resulting in a violation of the groundwater quality criteria of Env-Or 603.01 in a
sample collected from a water supply well; or
(f) A discharge of oil resulting in the detection of NAPL.
Env-Or 604.07 Potential Discharges of Oil Requiring Notification Within 60 Days. The responsible
party or other person who becomes aware of a potential discharge of oil based on an exceedance of the soil
remediation standards of Env-Or 606.19 that might have been caused by an oil discharge shall notify the
department no more than 60 days after obtaining knowledge of the exceedance.