MODEL HEALTH ORDINANCES DESIGNED TO IMPLEMENT A LOCAL WELLHEAD OR GROUNDWATER PROTECTION PROGRAM New Hampshire Office of State Planning Jeffrey H. Taylor, Director June, 1992 Prepared With Funds and Assistance From the Department of Environmental Services Wellhead Protection Program ***************************************************************************** Acknowledgements: Jeffrey H. Taylor, Director David G. Scott, Director of Policy, Planning and Administration Francesca Latawiec Dupee, Principal Planner, Project Manager Lynne Riel, Word Processing ***************************************************************************** TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 OPTION 1: RECLASSIFICATION OF GROUNDWATER TO GAA OR GA1. . . . . . . . 2 Advantages. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Disadvantages . . . . . . . . . . . . . . . . . . . . . . . . . . 2 OPTION 2: ADOPTION OF A LOCAL HEALTH ORDINANCE IN CONJUNCTION WITH RECLASSIFICATION OF GROUNDWATER TO GAA OR GA1 . . . . . . . . . . 3 Advantages. . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Disadvantages . . . . . . . . . . . . . . . . . . . . . . . . . . 4 OPTION 3: ADOPTION OF A LOCAL HEALTH ORDINANCE FOR WELLHEAD OR GROUNDWATER PROTECTION. . . . . . . . . . . . . . . . . . . . . . 5 Advantages. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Disadvantages . . . . . . . . . . . . . . . . . . . . . . . . . . 5 SUMMARY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 MODEL HEALTH ORDINANCE FOR USE WITH RECLASSIFICATION OF GROUNDWATER : OPTION 2 DESCRIBED IN THIS DOCUMENT . . . . . . . . . . . . . . . 9 Article I. Authority: . . . . . . . . . . . . . . . . . . . . . . 10 Article II. Purpose: . . . . . . . . . . . . . . . . . . . . . . 11 Article III. Inventory of Potential Contamination Sources . . . . 12 Article IV. Local Wellhead Protection Management Program. . . . . 13 Article V. Other Regulations:. . . . . . . . . . . . . . . . . . 22 Article VI. Severability:. . . . . . . . . . . . . . . . . . . . 22 Article VII. Certification of Adoption. . . . . . . . . . . . . . 23 ATTACHMENT I: POTENTIAL CONTAMINATION SOURCES IDENTIFIED BY THE NEW HAMPSHIRE WELLHEAD PROTECTION PROGRAM . . . . . . . . . . . . . . 24 ATTACHMENT II: SAMPLE LETTER TO PROPERTY OWNERS. . . . . . . . . . . . 26 ATTACHMENT III: DES COMPLIANCE INSPECTION FORM . . . . . . . . . . . . 28 ATTACHMENT IV: SAMPLE CERTIFICATE OF COMPLIANCE WITH BEST MANAGEMENT PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ATTACHMENT V: SAMPLE WRITTEN WARNING . . . . . . . . . . . . . . . . . 36 ATTACHMENT VI: SAMPLE CEASE AND DESIST ORDER . . . . . . . . . . . . . 38 APPENDIX I: NH CODE OF ADMINISTRATIVE RULES ENV-WS 421 . . . . . . . . 40 MODEL HEALTH ORDINANCE FOR WELLHEAD OR GROUNDWATER PROTECTION: OPTION 3 DESCRIBED IN THIS DOCUMENT. . . . . . . . . . . . . . . . . . . . 41 Article I. Authority. . . . . . . . . . . . . . . . . . . . . . . 42 Article II. Purpose . . . . . . . . . . . . . . . . . . . . . . . 42 Article III. Inventory of Potential Contamination Sources . . . . 42 Article IV. Local Wellhead or Groundwater Protection Management Program. . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Article V. Other Regulations . . . . . . . . . . . . . . . . . . 51 Article VI. Severability . . . . . . . . . . . . . . . . . . . . 52 Article VII. Certification of Adoption. . . . . . . . . . . . . . 53 ATTACHMENT I:POTENTIAL CONTAMINATION SOURCES IDENTIFIED BY THE NEW HAMPSHIRE WELLHEAD PROTECTION PROGRAM . . . . . . . . . . . . . . 54 ATTACHMENT II: SAMPLE LETTER TO PROPERTY OWNERS. . . . . . . . . . . . 56 ATTACHMENT III: DES COMPLIANCE INSPECTION FORM . . . . . . . . . . . . 58 ATTACHMENT IV: SAMPLE CERTIFICATE OF COMPLIANCE WITH BEST MANAGEMENT PRACTICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 ATTACHMENT V: SAMPLE WRITTEN WARNING . . . . . . . . . . . . . . . . . 66 ATTACHMENT VI: SAMPLE REMOVAL ORDER. . . . . . . . . . . . . . . . . . 68 APPENDIX I: NH CODE OF ADMINISTRATIVE RULES ENV-WS 421 . . . . . . . . 71 ****************************************************************************** INTRODUCTION This document contains two model health ordinances that can be used by municipalities to adopt a local groundwater or wellhead protection program. Wellhead protection is a new approach to protecting contributing areas to public water supply wells and other locally important groundwater. The basic idea behind New Hampshire's wellhead protection program is to authorize local entities to implement protection programs which include definition of the area to be protected, identification of threats to groundwater within that area, and active management of the threats through a combination of education and inspection programs. This approach to protecting valuable groundwater is based on the concept that hazardous substances that are regulated by the Environmental Protection Agency can be used in a manner that minimizes the risk of a spill or other release to groundwater. Accordingly, the focus of a wellhead protection program is on management, as opposed to prohibition of risky land uses. Management of potential sources of contamination can be achieved in the context of a locally implemented protection program through a combination of educating, notifying and periodically inspecting users of regulated substances to ensure that they are complying with best management practices (BMPs). BMPs are common sense operational procedures for handling, storage and disposal of regulated substances. They have been adopted in the form of state administrative rules Env-Ws 421. Although they apply to all potential contamination sources in the state, a local health officer would only inspect those activities operating in areas designated for protection. There are a number of ways to implement a protection program for valuable groundwater based on active management of potential contamination sources. One option is to reclassify groundwater as allowed for under state law RSA 485-C, another is through the adoption of a local health ordinance, a third is to do both of these things. This document begins by presenting each of these options and identifying the advantages and disadvantages associated with each. It then presents two model health ordinances, one to be used in conjunction with reclassification and one designed to implement a protection program without reclassifying groundwater. Option 1: Reclassification of Groundwater to GAA or GA1 RSA 485-C, the Groundwater Protection Act, establishes a groundwater classification system which is summarized in Table 1. By obtaining a reclassification of groundwater to either of the two highest classes, a local entity is authorized to implement a protection program based on active management of threats. Prior to reclassification the local entity must prepare a wellhead protection area delineation (GAA) or a definition of the proposed zone of locally valuable groundwater (GA1). A potential contamination source inventory and management program are also prerequisites to reclassification of groundwater. Advantages One advantage of reclassifying groundwater is that the protection program it authorizes is supported in a variety of ways by the State's wellhead protection program. For instance technical assistance is available for delineating the area to be protected, inventorying threats within that area, performing inspections, enforcement activities, and data management. Another advantage to reclassification is that the statute prohibits a few high risk land uses within class GAA groundwater, including: hazardous waste disposal facilities, solid waste landfills, outdoor storage of road salt, junkyards, snow dumps, and wastewater or septage lagoons. Groundwater monitoring wells are also required for existing high risk land uses. This can be useful to verify that groundwater contamination is not taking place. It also allows for early detection and remediation of releases of potentially hazardous materials to groundwater. Disadvantages One disadvantage of reclassification is that currently there is no provision in the law to charge fees to cover the cost of compliance inspections. The State Wellhead Protection Program is available to provide guidance relative to reclassification of groundwater at (271-1168). TABLE I SUMMARY OF GROUNDWATER CLASSIFICATIONS CLASS GROUNDWATER INCLUDED EFFECT OF CLASSIFICATION GAA Groundwater Within Delineated WHPAs Classification Identified Local Wellhead Protection Program Authorized High Risk Uses Prohibited and/or Monitored GA1 Groundwater of High Value for Present or Future Water Supply Classification Identified Local Wellhead Protection Program Authorized GA2 Groundwater Within Aquifers Identified as Highly Productive for Potential Use as Public Water Supply by the USGS Classification Identified Local Wellhead Protection Program Not Authorized GB Groundwater Not Assigned to Other Classes Classification Identified Local Wellhead Protection Program Not Authorized Source: RSA 485-C, the Groundwater Protection Act of 1991. Note: Although RSA 485-C does not authorize local protection programs, it does not in any way limit the authority of local officials to adopt water resources protection measures under the existing planning and land use statutes. Option 2: Adoption of a Local Health Ordinance in Conjunction with Reclassification of Groundwater to GAA or GA1 RSA 147:1,I authorizes local health officers to make regulations that, in their judgement, are required for the health and safety of the people. Protection of public drinking water supply wells or other locally important groundwater clearly falls within this broad grant of power. A health ordinance is relatively easy to adopt. It takes effect when approved by the selectmen, recorded by the town clerk, and published in a newspaper of general circulation in the town, or when copies of it have been posted in two or more public places in town. A local health ordinance is not required to implement a potential contamination source management program in accordance with RSA 485-C:8, III. However, a health ordinance can complement the benefits of reclassification as described below under the advantages section. Advantages One advantage of coupling a health ordinance with a reclassification is the ability to expand the list of potential contamination sources to regulate additional land uses that are local concerns. The health ordinance can also strengthen the benefits of reclassification by prescribing best management practices that are not included in the state administrative rules Env-Ws 421. Also, under RSA 41:9-a an annual or special town meeting may authorize the selectmen to establish or amend fees. If such a vote has been taken, and the health ordinance is ratified by a vote at town meeting, fees to cover the cost of BMP compliance inspections can be instituted by the ordinance. A health ordinance may also help to more clearly define the procedures and responsibilities for local implementation of the management program to assure consistency with the town's existing administrative and regulatory processes. A local health ordinance can be particularly useful where a non-governmental public water supplier wishes to work cooperatively with the local health officer to implement the management program. Such an arrangement can be effective because the health officer is clearly authorized by statute to enter private property for inspection purposes. A non-governmental supplier of water does not have this authorization and would, therefore, have to rely upon the landowners to grant their permission for entry. RSA 147:5 also authorizes the health Officer to employ assistants that could assume responsibility for implementation of the management program at the water supplier's expense. Disadvantages The disadvantage of adopting a local health ordinance in conjunction with reclassification is that if the program to be implemented is fully consistent with RSA 485:C a local ordinance may not be necessary. Option 3: Adoption of a Local Health Ordinance for Wellhead or Groundwater Protection Independent of Reclassification of Groundwater to GAA or GA1 A local health ordinance can be adopted independently of reclassification to implement a wellhead or groundwater protection program. Advantages The advantage of adopting a health ordinance for wellhead or groundwater protection independent of reclassification of groundwater is flexibility to design a local management program that is tailored to suit a municipality's individual needs. This may be appropriate for a small town that does not have adequate staff to implement all of the inventory and inspection requirements associated with reclassifying groundwater. The health officer may choose to include only the land uses that are of local concern on the list of potential contamination sources and to include more specific best management practices for those land uses. The option to include inspection fees is an additional benefit. Disadvantages The disadvantages of an independent health ordinance are that the high risk land uses would not be prohibited in the wellhead areas by reclassification of groundwater. The same holds true for the groundwater monitoring requirements for existing high risk land uses. These uses could, however be prohibited or managed by performance standards included in the local zoning ordinance. Another disadvantage would be that the technical and enforcement assistance available from the State's wellhead protection program to municipalities that reclassify groundwater might not be readily available. Summary The different options for implementing local wellhead and groundwater protection programs presented in this document are all based on active management of potential contamination sources, rather than prohibition of land uses. The most appropriate approach or combination of approaches for a municipality should be based on local needs and priorities. Therefore, two model health ordinances are presented here, to allow for a choice of options. The first model is designed to be used in conjunction with reclassification of groundwater and the second to be used independently to protect valuable groundwater. For further information about New Hampshire's wellhead protection program, RSA 485-C and/or groundwater reclassification please contact the Department of Environmental Services at 271-1168. ****************************************************************************** MODEL HEALTH ORDINANCE FOR USE WITH RECLASSIFICATION OF GROUNDWATER OPTION 2 DESCRIBED IN THIS DOCUMENT ****************************************************************************** MODEL ORDINANCE Article I. Authority: This ordinance was recommended by the Health Officer and approved by the Board of Selectmen of _____________ (Town/City) under the authority granted in RSA 147:1, entitled "Local Regulations". COMMENT "RSA 147:1,I. The Health Officers of towns may make regulations for the prevention or removal of nuisances and such other regulations relating to the public health as in their judgement the health and safety of the people require, which shall take effect when approved by the selectmen, recorded by the town clerk, and published in some newspaper printed in the town, or when copies thereof have been posted in two or more public places in the town." Although not required, it is recommended that the selectmen and the Health Officer hold a public hearing prior to adoption of a health ordinance. This hearing could be held concurrently with the public informational meeting that is required for reclassification of groundwater. Article II. Purpose: To provide the framework for the potential contamination source management program for the areas that have been reclassified as [GAA or GA1] under the groundwater protection act (RSA 485-C); to complement the benefits of reclassification; and to protect the public health and safety of the people of the Town/City of ______________. COMMENT A local health ordinance is not required to implement a potential contamination source management program in accordance with RSA 485- C:8, III. However, a health ordinance can complement the benefits of reclassification. For example, the ordinance can more clearly define the procedures and responsibilities for local implementation of the management program. This can help to assure consistency with existing local administrative and regulatory procedures. (Note: see A Guide to the New Hampshire Wellhead Protection Program and the Groundwater Protection Act, DES 1991 for a description of the groundwater classification program) A local health ordinance may also be used to expand the local protection program authorized by reclassification. A local health ordinance can be particularly useful where a non- governmental public water supplier wishes to work cooperatively with the local Health Officer to implement the management program. Such an arrangement can be effective because the Health Officer is clearly authorized by statute to enter private property for inspection purposes. A non-governmental supplier of water does not have this authorization and would, therefore, have to rely upon the landowners to grant their permission for entry. RSA 147:5 also authorizes the Health Officer to employ assistants who could assume responsibility for implementation of the management program at the water supplier's expense. Article III. Inventory of Potential Contamination Sources An inventory of potential contamination sources that are located within areas that have been reclassifie as GAA or GA1 groundwater was prepared prior to the adoption of this ordinance. COMMENT An inventory of potential contamination sources is required as a prerequisite to reclassification of groundwater. The methodology for preparing such an inventory is detailed in a document entitled Developing a Local Inventory of Potential Contamination Sources, Department of Environmental Services, October, 1991. Article III.01 Place of Filing The inventory, which is on file in the office of the Health Officer, is available for public review during regular business hours. Attachment I presents the list of potential contamination sources contained in the Groundwater Protection Act of 1991 (RSA 485-C:7, II). A municipality has the option to include additional land uses on the list of potential contamination sources that is adopted in a local health ordinance. This allows a municipality to go beyond the authority granted by reclassification to address local concerns that are not addressed by the groundwater protection act. If a municipality chooses to expand the list, the additional land uses should also be included in the potential contamination source inventory. Article III.02 Inventory Update The inventory of potential contamination sources shall be updated by the Health Officer at least once every three years. COMMENT RSA 485-C:8,III requires that the inventory of potential contamination sources be updated at intervals not to exceed three years in order to maintain a classification of GAA or GA1. Article IV. Local Wellhead Protection Management Program The key to a protection program that is consistent with the State's wellhead protection program is active management including: education; notification; and periodic inspection of activities using regulated substances. The following sections detail how this should be accomplished. The groundwater classification process requires that a public informational meeting be held locally prior to applying for reclassification. This meeting provides a forum to explain the details of the program to citizens that may either be interested in or affected by its requirements. It should provide a forum for education, discussion and development of local support for the wellhead program. It is recommended that the coordinating mechanism for implementing a protection program consist of a local wellhead protection team including representatives of such groups as the public water supplier, board of health, board of selectmen, planning board, conservation commission and local business association or chamber of commerce. Section IV.01 Applicability: This ordinance shall apply to all potential contamination sources within areas that have been reclassified as GAA or GA1 groundwater in the Town/City of _________________. COMMENT RSA 485:1-a, defines a wellhead protection area as "...the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield." The methodology to derive wellhead protection areas has been developed by the Department of Environmental Services and is available by obtaining a copy of the "Phase I Delineation Guide". Section IV.02 Best Management Practices (BMPs) Required BMPs described in State administrative rules, Env-Ws 421 shall be utilized by all potential contamination sources (PCSs) in New Hampshire, including those located within the areas reclassified as GAA or GA1 in the Town/City of _________________. (Note: Through reclassification and this ordinance the municipality is authorized to manage PCSs in reclassified areas, to ensure compliance with BMPs.) COMMENT RSA 485-C:8, III (d) requires that the management program for areas reclassified as GAA or GA1 include enforcement of the best management practices (BMPs) adopted by DES as administrative rules Env-Ws 421. The BMPs required by Env-Ws 421 are basic, common sense operating procedures for facilities that use greater than household of quantities of hazardous substances. They include such requirements as structural containment for potential spills and use of drip pans for transferring chemicals. Not all potential contamination sources listed in the statute are covered by the BMPs. As the State wellhead program continues to develop, either administrative rules or educational guidance materials will be developed for the potential contamination sources that are not currently addressed. In the interim, specific requirements for such things as residential heating oil tanks, road salt storage and septic system maintenance can be developed locally and adopted as part of a health ordinance. Section IV.03 Notification of Potential Contamination Source Landowners: Each potential contamination source owner located within areas reclassified as GAA or GA1 shall receive a notification letter from the Health Officer, at least once every three years, which indicates: The date when the Health Officer will perform the next BMP compliance inspection; the purpose of that inspection; and a statement that activities performed on-site are subject to inspection by the local entity for compliance with BMPs required by state administrative rules Env-Ws 421. RSA 485-C:8,III(b) requires that each owner of a potential contamination source in an area classified as either GAA or GA1 be notified by a letter stating that the activity is being conducted within the contributing area of a class of groundwater designated for high protection because of its value for drinking water supply. The letter must also state that the activity is subject to BMPs, in accordance with state administrative rules and provide information concerning where copies of BMPs can be obtained. A sample correspondence that could be used to develop a letter specific to a municipality's individual needs and priorities is presented in Attachment II. Section IV.04 Best Management Practices Compliance Inspection Required: All potential contamination sources located within areas reclassified as GAA or GA1 groundwater shall be inspected by the local Health Officer, to assure compliance with BMPs, at intervals not to exceed once every three years. The Health Officer shall fill out an inspection form upon completion of each BMP compliance inspection. One copy of the form shall be provided to the potential contamination source owner and one copy shall be kept in the official records of the Health Officer. COMMENT RSA 485-C:8, III requires that an inventory of potential contamination sources be updated at intervals not to exceed three years for the contributing areas of Class GAA and GA1 groundwater. The inventory data for each facility will be updated following the best management practices compliance inspections performed by the local entity. That update will include verification of whether or not the existing inventory information is correct. RSA 485-C:15 authorizes any Health Officer to enter any land or establishment for the purpose of administering provisions of RSA 485-C and, at reasonable times, to have access to any facility subject to the statute. RSA 147:5 also authorizes the Health Officer to employ assistants who could assume responsibility for performing BMP compliance inspections. Attachment III presents a draft BMP compliance inspection form required by DES for implementation of the local management program for groundwater reclassified as GAA or GA1. Revisions may be necessary if a municipality proposes additional BMP's that are not contained in administrative rules Env-Ws 421. Section IV.05 Determination of Compliance or Violation of BMPs: a. Certificate of Compliance: A certificate of compliance shall be issued by the Health Officer, if the potential contamination source is found to employ BMPs in accordance with NH Code of Administrative Rules Env-Ws 421, based upon a site inspection performed in accordance with Article IV-04 of this ordinance. The certificate shall be good for a period of three years. COMMENT A certificate of compliance can be issued after a satisfactory inspection of a potential contamination source. A certificate of compliance, issued in accordance with this ordinance, is not intended in any way to limit the powers of the Health Officer to enter property to perform additional inspections for the purpose of administration of this ordinance. The Health Officer may issue a certificate of compliance for a finite period. The dates of issuance of current certificates can be used to establish an ongoing schedule for notification and inspection. Attachment IV contains a sample certificate of compliance form that can be used to develop one that is specific to a municipality's individual needs and administrative processes. b. Written Warning of Violation: 1. A written warning of violation shall be issued by the Health Officer within thirty days: If the potential contamination source is found not to employ BMPs in accordance with Env-Ws 421; and The violation is not an immediate threat to public health and safety, in the opinion of the Health Officer. COMMENT The written warning allows the opportunity for a facility owner to show a good faith effort to correct an unintentional violation within a reasonable time frame. 2. The written warning shall: Specify the actions or conditions which violate BMPs; Identify what needs to be done to correct the violation(s); and Specify a reasonable time frame within which the violation shall be corrected, based on the degree of threat to public health and safety. 3. One copy of the written warningshall be provided to the potential contamination source owner and one shall be kept in the official records of the Health Officer. COMMENT Attachment V is a sample written warning form that can be used to develop one that is specific to a municipality's individual needs and administrative processes. c. Cease and Desist Order 1. A cease and desist order shall be issued by the Health Officer if: the potential contamination source is found not to employ BMPs in accordance with Env-Ws 421; and an immediate threat to public health and safety exists, in the opinion of the Health Officer; or 2. If a violation is not corrected within the time frame specified in a written warning issued by the Health Officer. COMMENT A cease and desist order can be issued following an unsatisfactory inspection of a potential contamination source, where a violation is an immediate threat to public health and safety or where a violation has not been corrected within the time frame specified in a written warning issued by the Health Officer. RSA 485-C:16 authorizes local Health Officers to have concurrent jurisdiction to issue cease and desist orders against any violation of the RSA 485-C. 3. The order shall: Specify the actions or conditions which violate BMPs; Identify what needs to be done to correct the violation(s); and Specify the time frame within which the violation shall be corrected. Such orders shall set out the specific acts which are alleged to be in violation, and the specific activities that are to be enjoined. 4. One copy of the cease and desist order shall be provided to the potential contamination source owner, one copy shall be sent to the state Wellhead Protection Program (DES, 6 Hazen Drive, Concord, N.H. 03301) and one shall be kept in the official records of the Health Officer. COMMENT This is similar to the procedure currently used by the Division of Public Health Services for Health Officer inspection reports for residential child care agencies in accordance with NH Code of Administrative Rules He-C 4002.13. Attachment VI contains a sample cease and desist order form that can be tailored to a municipality's individual needs and administrative processes. Section IV.06 Enforcement of BMPs. The Health Officer of the Town of _____________ shall be responsible for enforcement of the provisions of this ordinance in areas where groundwater has been reclassified as GAA or GA1. In the event that the owner or operator of a facility fails to comply with a cease and desist order issued under Section IV.05(c) of this ordinance within the specified time period, the Health Officer shall have the authority to file a request for the Commissioner of the Department of Environmental Services to initiate proceedings for issuance of penalties and other relief as prescribed in RSA 485-C:19. COMMENT The health ordinance should define who is responsible for enforcement of best management practices. It is important that correspondence related to enforcement matters be well documented in local records, because they may later be subject to legal proceedings. RSA 485-C:19 (I) states that any person who knowingly violates the groundwater protection act or any rule, permit or order adopted or issued under it shall be guilty of a misdemeanor if a natural person and a felony of any other person. That person is subject to a civil penalty not to exceed $25,000 for each violation or for each day of a continuing violation. Section IV.07 Fee For Site Inspection (Optional) There shall be a fee for inspection of potential contamination sources, to be paid by the owner or operator of the facility. A fee schedule shall be established by the board of selectmen, which reasonably represents the cost of performing an inspection on various types of facilities. COMMENT A fee for site inspection is not specifically authorized by RSA 485-C. However, it is an option that a municipality may wish to consider adopting as part of a local health ordinance to support reclassification of groundwater. Local action at town meeting is required before a health ordinance can be used to institute inspection fees. RSA 41:9-a authorizes towns to vote at an annual or special town meeting to authorize the selectmen to establish or amend fees. This vote remains in effect until rescinded. If such a vote has not been taken, it must be proposed, prior to establishing inspection fees for a local wellhead protection program. RSA 41:9-a, II (a) only specifies that fees are authorized for issuance of licenses or permits that are part of a regulatory program established by a vote at town meeting. Such a vote would be required, to establish the management program locally, prior to instituting any fees. The inspection fee shall be paid prior to issuance of a certificate of compliance by the Health Officer, as specified in Article IV.05. The procedure for adoption of the fee schedule shall be as provided for in RSA 41-9:a. The notice shall include the proposed schedule of fees. COMMENT RSA 41-9:a, IV requires that the procedure for adoption of fees include a public hearing noticed in two public places at least seven days prior and published in a news paper of general circulation in the town. Article V. Other Regulations: When the provisions herein specified for groundwater protection conflict with those of other ordinances or regulations, the most stringent requirements shall apply. COMMENT This type of requirement is recommended to assure that the ordinance does not compromise the strength of other local ordinances and regulations. Article VI. Severability: In the event that any part or provision of this ordinance is found to be invalid, this shall not have the effect of invalidating other provisions of the ordinance. COMMENT Some type of saving clause is commonly included in local ordinances and regulations to assure that any court action that declares a portion of the ordinance to be invalid does not nullify the entire ordinance. Article VII. Certification of Adoption A. We, the undersigned do hereby attest that this health ordinance was adopted by a majority vote of the ________________________(Town) Board of Selectmen at their duly noticed public meeting on: ____________________________ date ____________________________ Chairman, Board of Selectmen ____________________________ Selectman ____________________________ Selectman B. This health ordinance was recorded with the __________________________ (Town) Town Clerk on: ____________________________ date ____________________________ Town Clerk C. A summary of this health ordinance was published in __________________________ (Local Newspaper) on ______________ (Date), with a notice of where the ordinance was posted in Town. D. This health ordinance was posted at _________________________and _________________________(Two Public Places) as of _______________ (Date). E. Effective Date: F. In accordance with RSA 147:1, III, a copy of this health ordinance was forwarded to the Division of Public Health Services in the Department of Health and Human Services by the Town Clerk on ______________ (Date). ****************************************************************************** ATTACHMENT I Potential Contamination Sources Identified by the New Hampshire Wellhead Protection Program: Vehicle Service and Repair Shops automobile, truck and equipment service or repair shops, auto body shops aircraft fueling, deicing and maintenance areas General Service and Repair Shops furniture stripping, painting and refinishing photographic processing printing appliance and small engine repair boat repair, service and refinishing refrigeration, heating, ventilating and air conditioning Metalworking Shops machine shops metal plating, heat treating, smelting jewelry making shops Manufacturing Facilities electronics and chemical manufacturing, processing and re-claiming paper, leather, plastic, fiberglass, rubber, silicon and glass making pharmaceutical production pesticide, manufacture chemical preservation of wood and wood products Underground and Above Ground Facilities for Oil and Hazardous Substances, as Defined in RSA 146-C Waste and Scrap Processing and Storage junkyards, scrap yards and auto salvage yards wastewater treatment plants dumps, landfills, transfer stations and other solid waste facilities wastewater or septage lagoons Transportation Corridors highways and railroads Septic Systems large septic systems that require a groundwater discharge permit under RSA 485-A:13 Laboratories and Professional Offices medical, dental and veterinary offices research and analytical laboratories Use of Agricultural Chemicals golf courses feed lots, kennels, piggeries and manure stockpiles parks nurseries and sod farms usage of registered pesticides Salt Storage and Use for Winter Road and Parking Lot Maintenance Snow Dumps Stormwater Infiltration Ponds or Leaching Catch Basins Cleaning Services dry cleaners, laundromats beauty salons car washes Food Processing Plants meat packing and slaughter houses dairies processed food manufacture Fueling and Maintenance of Excavation and Earth Moving Equipment Concrete, Asphalt and Tar Manufacture Cemeteries Hazardous Waste Facilities Regulated Under the Resource Conservation and Recovery Act as Implemented by RSA 147-A Source: Chapter 485-C, the Groundwater Protection Act, 1991. ****************************************************************************** ATTACHMENT II SAMPLE LETTER TO PROPERTY OWNERS Dear Property Owner/Operator: The Town of has taken a proactive approach to protecting our valuable groundwater by establishing a local wellhead/groundwater protection program. As part of this program a local health ordinance has been adopted which requires that activities utilizing regulated substances in the protected area be subject to periodic inspections by our health officer to ensure the use of best management practices. The purpose of this letter is to inform you that your property is within the area which contributes groundwater to our public drinking water supply. Any activities occurring on your property are, therefore required to use best management practices prescribed in the local health ordinance. These are basically common sense approaches that are already employed by many businesses in order to reduce liability. Copies of the best management practices are available from the Health Officer during regular business hours. S/he is also available, by appointment, to provide guidance relative to implementation of best management practices. One element of the local wellhead protection program requires the Health Officer to inspect properties located within the wellhead area and interview the landowners once every three years. The purpose of this site visit is to verify that best management practices are being used to protect the public wells and to answer any questions that property owners might have. Your property has tentatively been scheduled for inspection the week of ,199_. The Health Officer will be in touch with you in the near future to set up a more specific time. If you have any questions about wellhead protection, please feel free to give the Health Officer a call at ___-____. Thank you in advance for your participation in this important town program. It is critical to the protection of our public drinking water supply. Sincerely, Selectmen, Town of ****************************************************************************** ATTACHMENT IV SAMPLE CERTIFICATE OF COMPLIANCE WITH BEST MANAGEMENT PRACTICES ESTABLISHED BY Env-Ws 421 This certificate indicates that, based on a compliance inspection of your property performed by the Health Officer on (Date), current activities on-site appeared to be using the best management practices required by NH Code of Administrative Rules Env-Ws 421. This certificate will require renewal when your next periodic inspection is due, approximately three years from the date of issuance. The Health Officer will notify you in writing when your next inspection is being planned and will contact you by telephone to set up a specific appointment. Please note that a certificate of compliance, issued in accordance with the town health ordinance, is not intended in any way to limit the powers of the Health Officer to enter property to perform additional inspections for the purpose of administration of the ordinance. Assistance with best management practices is available from the Health Officer during regular business hours by calling - Thank you for your cooperation. It is critical to the success of the town's wellhead protection program. Town Health Officer, or Assistant who Performed Compliance Inspection Property Owner Tenant (if appropriate) Date of Issuance ****************************************************************************** ATTACHMENT V SAMPLE WRITTEN WARNING Dear Property Owner: You are hereby informed that based on an inspection performed by the Health Officer on (Date), activities occurring at your property are not being performed in accordance with best management practices established by NH Code of Administrative Rules Env-Ws 421. You are hereby warned to correct the violations listed below. If you fail to correct these violations within working days a formal cease and desist order shall be issued by the Health Officer and forwarded to the commissioner of the Department of Environmental Services for consideration of penalties and other relief as prescribed in RSA 485-C:19. Rule Violated: Comments: A copy of the inspection report which details the nature of the violation at hand is enclosed. Sincerely, Town Health Officer ****************************************************************************** ATTACHMENT VI SAMPLE CEASE AND DESIST ORDER To whom it may concern: You are hereby informed that based on an inspection performed by the Health Officer on (Date), activities occurring at your property are not being performed in accordance with best management practices established by NH Code of Administrative Rules Env-Ws 421. You are hereby ordered to cease and desist these activities and to take the following corrective actions within working days: Rule Violated: Comments: A copy of the inspection report which details the nature of the violation at hand is enclosed. A copy of this order has been forwarded to the commissioner of DES for consideration of penalties and other relief as prescribed in RSA 485-C:19. Any person who violates any provision of the Groundwater Protection Act shall be guilty of a misdemeanor if a natural person and a felony if any other person and subject to a civil penalty not to exceed $25,000 for each violation or for each day of a continuing violation. Sincerely, Town Health Officer ****************************************************************************** APPENDIX I NH CODE OF ADMINISTRATIVE RULES Env-Ws 421 (Copies of the Rules Can be Obtained From the Wellhead Protection Program, 6 Hazen Drive, Concord, N.H. 03301 271-1168) ****************************************************************************** MODEL HEALTH ORDINANCE FOR WELLHEAD OR GROUNDWATER PROTECTION OPTION 3 DESCRIBED IN THIS DOCUMENT MODEL ORDINANCE Article I. Authority: This ordinance was recommended by the Health Officer and approved by the Board of Selectmen of _____________(Town/City) under the authority granted in RSA 147:1, entitled "Local Regulations". COMMENT "RSA 147:1,I. The Health Officers of towns may make regulations for the prevention or removal of nuisances and such other regulations relating to the public health as in their judgement the health and safety of the people require, which shall take effect when approved by the selectmen, recorded by the town clerk, and published in some newspaper printed in the town, or when copies thereof have been posted in 2 or more public places in the town." Although not required, it is recommended that the selectmen and the Health Officer hold a public hearing prior to adoption of a health ordinance. Article II. Purpose: To provide for the prevention or removal of nuisances and to protect the public health and safety of the people of the Town/City of ______________. COMMENT Under the auspices of protecting the public health and safety, a municipality may choose a more specific purpose for the health ordinance. For example, to provide the framework for a wellhead or valuable groundwater protection program, based on active management of potential contamination sources. Article III. Inventory of Potential Contamination Sources An inventory of potential contamination sources that are located within areas that have been reclassified as GAA or GA1 groundwater was prepared prior to the adoption of this ordinance. COMMENT An inventory of potential contamination sources is required as a prerequisite to reclassification of groundwater. The methodology for preparing such an inventory is detailed in a document entitled Developing a Local Inventory of Potential Contamination Sources, Department of Environmental Services, October, 1991. Article III.01 Place of Filing The inventory, which is on file in the office of the Health Officer, is available for public review during regular business hours. COMMENT Attachment I presents the list of potential contamination sources contained in the Groundwater Protection Act of 1991 (RSA 485-C:7, II). A municipality has the option to include additional land uses on the list of potential contamination sources that is adopted in a local health ordinance. This allows a municipality to go beyond the authority granted by reclassification to address local concerns that are not addressed by the groundwater protection act. If a municipality chooses to expand the list, the additional land uses should also be included in the potential contamination source inventory. Article III.02 Inventory Update The inventory of potential contamination sources shall be updated by the Health Officer at least once every three years. COMMENT RSA 485-C:8,III requires that the inventory of potential contamination sources be updated at intervals not to exceed three years in order to maintain a classification of GAA or GA1. Article IV. Local Wellhead or Groundwater Protection Management Program COMMENT The local wellhead or groundwater protection program that a health ordinance is designed to implement should be based on active management of potential contamination sources through a combination of notification, education and inspection activities. The sections that follow detail how this can be accomplished. A municipality should begin development of a local wellhead or groundwater protection program by holding a public meeting to explain the program to citizens that may be interested in or affected by its requirements. Such a meeting can provide a forum for education, discussion and development of support for the wellhead program. A local wellhead or groundwater protection team including representatives of the board of health, board of selectmen, planning board, conservation commission and local business association or chamber of commerce is recommended as a coordinated mechanism for implementation of a local wellhead or groundwater program. Section IV.01 Applicability: This ordinance shall apply to all land uses that are listed in Attachment I as potential contamination sources located within the following areas in the Town/City of _________________. COMMENT Attachment I presents a list of potential contamination sources that was developed by the state wellhead protection program for inclusion in the Groundwater Protection Act of 1991 (RSA 485-C:7, II). A local health ordinance can either adopt this list of land uses to regulate or revise it, based upon local priorities. Option 1: All wellhead protection areas within the town. These areas are delineated on a map that is available for public viewing in the office of the Health Officer. The wellhead protection areas should be delineated on a map and included as an integral part of the water resources section of the municipal master plan. RSA 485-C:2, XVIII defines a wellhead protection area as "...the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield." The methodology to derive wellhead protection areas has been developed by the Department of Environmental Services and is available by obtaining a copy of the "Phase I Delineation Guide". This statutory definition of a wellhead protection area can be adopted as the area that is the focus of a local health ordinance. Option 2: All areas of valuable groundwater within the town. These areas are delineated on a map that is available for public viewing in the office of the Health Officer. The town may choose to delineate areas of valuable groundwater in the municipal master plan to serve as the focus of the local health ordinance. It may also choose to implement a comprehensive groundwater protection program on a town-wide basis, depending upon local priorities. Section IV.02 Best Management Practices (BMP's) Required BMP's described in Appendix I of this health ordinance and state administrative rules Env-Ws 421 shall be utilized by all potential contamination sources in New Hampshire, including those located within the area delineated for protection in the Town/City of _________________. COMMENT The BMP's described in Appendix I were developed for the state wellhead protection program. They are basic, common sense operating procedures for facilities that use greater than five gallons of hazardous materials. They include such requirements as structural containment for potential spills and use of drip pans for transferring chemicals. In the future, DES will be developing guidance to regulate PCSs that are not currently regulated by Env-Ws 421. Note: Through this ordinance the municipality is authorized to manage potential contamination sources to ensure compliance with BMPs. Not all potential contamination sources listed in Attachment I are covered by the BMP's. More specific requirements for such things as residential heating oil tanks, road salt storage and septic system maintenance can be developed locally and adopted as part of a health ordinance. Section IV.03 Notification of Potential Contamination Source Landowners: Each potential contamination source owner shall receive a notification letter from the Health Officer at least once every three years which indicates: The date when the Health Officer will perform the next site inspection; The purpose of that inspection; and A statement that activities performed on-site are subject to the best management practices required by Article IV, Section IV.02 of this ordinance. COMMENT It is a good idea to notify each owner of a potential contamination source in writing that his/her property is located within the contributing area to groundwater for which a high level of protection is desirable because of its value for drinking water supply. The letter should provide information concerning where copies of best management practices can be obtained. A sample correspondence that could be used to develop a letter that is specific to a municipality's individual needs and priorities is presented in Attachment II. Section IV.04 Site Inspection Required: All potential contamination sources located within areas of valuable groundwater shall be inspected by the local Health Officer, to assure compliance with BMP's, at intervals not to exceed once every three years. The Health Officer shall fill out an inspection form upon completion of each inspection. One copy of the form shall be provided to the potential contamination source owner and one copy shall be kept in the official records of the Health Officer. COMMENT RSA 128:5, III authorizes the local Health Officer to,upon reasonable information, personal knowledge or belief, in order to safeguard public health or to prevent pollution of any aquifer or body of water, enter onto private property, but not into any living quarters,to investigate and, if necessary, take appropriate action to prevent further pollution. Attachment III presents a sample inspection form that can be tailored to a municipality's individual needs and priorities. It was developed by DES for compliance inspections under the state BMP rules. Revisions may be necessary if a municipality proposes BMPs that are not contained in those rules. Section IV.05 Determination of Compliance with or Violation of BMP's: A certificate of compliance can be issued after a satisfactory inspection of a potential contamination source. a. Certificate of Compliance A certificate of compliance shall be issued by the Health Officer, if the potential contamination source is found to employ BMP's, based upon a site inspection performed in accordance with Article IV Section IV.04 of this ordinance. The certificate shall be good for a period of three years. The Health Officer may issue a certificate of compliance for a finite period. The dates of issuance of current certificates can be used to establish an ongoing schedule for notification and inspection. A certificate of compliance, issued in accordance with this ordinance, is not intended in any way to limit the powers of the health officer to enter property to perform additional inspections for the purpose of administration of this ordinance. Attachment IV contains a sample certificate of compliance form that can be tailored to a municipality's individual needs and administrative processes. b. Written Warning of Violation 1. A written warning of violation shall be issued by the Health Officer: if the potential contamination source is found not to employ BMP's, in accordance with Article IV, Section IV.02 of this ordinance, and the violation is not an immediate threat to public health and safety in the opinion of the Health Officer. COMMENT A written warning can be issued after an unsatisfactory inspection of a potential contamination source, where the violation is not an immediate threat to public health and safety. The written warning allows the opportunity for a facility owner to show a good faith effort to correct an unintentional violation within a reasonable time frame. 2. The written warning shall: Specify the actions or conditions which violate BMP's; Identify what needs to be done to correct the violation(s); and Specify a reasonable time frame within which the violation shall be corrected. 3. One copy of the written warning shall be provided to the potential contamination source owner and one shall be kept in the official records of the Health Officer. COMMENT Attachment V is a sample written warning form that can be tailored for a municipality's individual needs and administrative processes. c. Removal Order 1. A removal order shall be issued by the Health Officer: If it is found that the potential contamination source does not employ BMP's in accordance with Section IV.02 of this ordinance and an immediate threat to public health and safety exists, in the opinion of the Health Officer; or If a violation is not corrected within the time frame specified in a written warning issued by the Health Officer. COMMENT RSA 147:4 authorizes the Health Officer to notify the owner or occupant of any building, vessel, premises or property to remove or destroy any nuisance or other thing therein deemed by them, on examination, to be injurious to the public health, within a limited time. 2. The removal order shall: Specify the actions or conditions which violate BMP's; Identify what needs to be done to correct the violation(s); and Specify the time frame within which the violation shall be corrected, based on the degree of threat to public health and safety. COMMENT Attachment VI provides a sample removal order form that can be tailored to a municipality's needs and administrative processes. 3. One copy of the removal order shall be provided to the potential contamination source owner and one shall be kept in the official records of the Health Officer. Section IV.06 Enforcement of Best Management Practices The Health Officer of the Town of shall be responsible for enforcement of the provisions of this ordinance. In the event that the owner or operator of a facility fails to comply with a removal order issued under Section IV.06(c) of this ordinance within the specified time period, the Health Officer shall have the authority to cause the nuisance to be removed or destroyed. In the event that the owner or operator of a facility fails to comply with a removal order issued under Section IV.06(c) of this ordinance within the specified time period, the Health Officer shall have the authority to commence an action for collection of nuisance abatement costs in accordance with RSA 147:7-b. COMMENT The health ordinance should define who is responsible for enforcement. It is important that correspondence related to enforcement matters be well documented in local records because they may later be subject to legal proceedings. RSA 147:4 authorizes the Health Officer to forcibly enter and cause the nuisance or other things to be removed or destroyed if the landowner fails to do so. RSA 147:7-b further authorizes a municipality to recover nuisance abatement costs, provided that proper notice is given to the owner in accordance with RSA 147:7-a. In accordance with RSA 147:7-b, abatement costs constitute a lien against real estate, enforceable in the same manner as real estate taxes, including possible loss of the property for nonpayment. The sample letter presented in Attachment VI includes the elements of notice that are required by RSA 147:7-a in order for a municipality to collect nuisance abatement costs. It can be used to develop a letter to meet a municipality's individual needs and administrative processes. Section IV.07 Fee For Site Inspection (Optional) There shall be a fee for inspection of potential contamination sources, to be paid by the owner or operator of the facility. A fee schedule shall be established by the board of selectmen, which reasonably represents the cost of performing an inspection on various types of facilities. The inspection fee shall be paid upon issuance of a certificate of compliance by the Health Officer, as specified in Article IV, Section IV.05. COMMENT Local Action at town meeting is required before a health ordinance can be used to institute inspection fees. RSA 41:9-a authorizes towns to vote at an annual or special town meeting to authorize the selectmen to establish or amend fees. This vote remains in effect until rescinded. If such a vote has not been taken, it must be proposed, prior to establishing inspection fees for a local wellhead protection program. RSA 41:9-a, II (a) specifically authorizes fees for issuance of any license or permit that is issued as part of a regulatory program established by a warrant article at town meeting. A warrant article must be passed to establish the local wellhead protection program if the health ordinance is to include a provision for fees. The procedure for adoption of the fee schedule shall be as provided for in RSA 41-9:a. RSA 41-9:a, IV requires that the procedure for adoption of fees include a public hearing noticed in two public places at least seven days prior and published in a news paper of general circulation in the town. The notice shall include the proposed schedule of fees. Article V. Other Regulations: When the provisions herein specified for groundwater protection conflict with those of other ordinances or regulations, the most stringent requirements shall apply. COMMENT This provision is recommended to assure that the ordinance does not compromise the strength of other local ordinances and regulations. Article VI. Severability: In the event that any part or provision of this ordinance is found to be invalid, this shall not have the affect of invalidating other provisions of the ordinance. COMMENT Some type of saving clause is commonly included in local ordinances and regulations to assure that any court action that declares a portion of the ordinance to be invalid does not nullify the entire ordinance. Article VII. Certification of Adoption A. We, the undersigned do hereby attest that this health ordinance was adopted by a majority vote of the ________________________(Town) Board of Selectmen at their duly noticed public meeting on: ____________________________ date ____________________________ Chairman, Board of Selectmen ____________________________ Selectman ____________________________ Selectman B. This health ordinance was recorded with the __________________________ (Town) Town Clerk on: ____________________________ date ____________________________ Town Clerk C. A summary of this health ordinance was published in __________________________ (Local Newspaper) on ______________ (Date), with a notice of where the ordinance was posted in Town. D. This health ordinance was posted at _________________________and _________________________(Two Public Places) as of _______________ (Date). E. Effective Date: F. In accordance with RSA 147:1, III, a copy of this health ordinance was forwarded to the Division of Public Health Services in the Department of Health and Human Services by the Town Clerk on ______________ (Date). ****************************************************************************** ATTACHMENT I Potential Contamination Sources Identified by the New Hampshire Wellhead Protection Program: Vehicle Service and Repair Shops automobile, truck and equipment service or repair shops, auto body shops aircraft fueling, deicing and maintenance areas General Service and Repair Shops furniture stripping, painting and refinishing photographic processing printing appliance and small engine repair boat repair, service and refinishing refrigeration, heating, ventilating and air conditioning Metalworking Shops machine shops metal plating, heat treating, smelting jewelry making shops Manufacturing Facilities electronics and chemical manufacturing, processing and reclaiming paper, leather, plastic, fiberglass, rubber, silicon and glass making pharmaceutical production pesticide, manufacture chemical preservation of wood and wood products Underground and Above Ground Facilities for Oil and Hazardous Substances, as Defined in RSA 146-C Waste and Scrap Processing and Storage junkyard, scrap yards and auto salvage yards wastewater treatment plants dumps, landfills, transfer stations and other solid waste facilities wastewater or septage lagoons Transportation Corridors highways and railroads Septic Systems large septic systems that require a groundwater discharge permit under RSA 485-A:13 Laboratories and Professional Offices medical, dental and veterinary offices research and analytical laboratories Use of Agricultural Chemicals golf courses feed lots, kennels, piggeries and manure stockpiles parks nurseries and sod farms usage of registered pesticides Salt Storage and Use for Winter Road and Parking Lot Maintenance Snow Dumps Stormwater Infiltration Ponds or Leaching Catch Basins Cleaning Services dry cleaners, laundromats beauty salons car washes Food Processing Plants meat packing and slaughter houses dairies processed food manufacture Fueling and Maintenance of Excavation and Earth Moving Equipment Concrete, Asphalt and Tar Manufacture Cemeteries Hazardous Waste Facilities Regulated Under the Resource Conservation and Recovery Act as Implemented by RSA 147-A Source: Chapter 485-C, the Groundwater Protection Act, 1991. ****************************************************************************** ATTACHMENT II SAMPLE LETTER TO PROPERTY OWNERS See sample letter under Option 1) ****************************************************************************** ATTACHMENT IV SAMPLE CERTIFICATE OF COMPLIANCE WITH BEST MANAGEMENT PRACTICES ESTABLISHED BY THE LOCAL HEALTH ORDINANCE (See Sample of Compliance under Option 1) ****************************************************************************** ATTACHMENT V SAMPLE WRITTEN WARNING (See Sample Written Warning Letter under Option 1) ****************************************************************************** ATTACHMENT VI SAMPLE REMOVAL ORDER Dear Property Owner: You are hereby notified that activities occurring at your property are in violation of the best management practices required by Article IV, Section IV.02 of the Health Ordinance of the Town of . It has been determined, based upon an inspection performed by the Health Officer on (Date), that conditions at your property constitute a danger to the public health, and safety under provisions of the Ordinance. A copy of the inspection report which provides details about the nature of the violation is enclosed for your records. (If an inspection form is not used, the letter must describe the nuisance or other threat to public health.) You are also notified that you are required to take the corrective action(s) listed on the next page to remove the threat to public heath within working days of receipt of this notice. (The number of days to be determined by the Health Officer, based on the seriousness of the danger to public health.) Failure to do so may result in the Health Officer or his/her assistant exercising the authority provided under RSA 147:4 to enter your property and to perform corrective actions on behalf of the Town. If such action is required due to your negligence, you will be held responsible for the corrective costs incurred by the Town. Such costs shall constitute a lien against your property, enforceable in the same manner as property taxes, including possible loss of the property if not paid. Section Violated: Comments: Please contact me at if you have any questions regarding this notice or how to comply with the corrective actions required by it. I will be in touch with you again prior to the end of the time period previously specified to arrange a mutually acceptable time for a compliance inspection. Sincerely, Town Health Officer NOTE: To be adequate for a municipality to collect nuisance abatement costs, the notice must be sent by registered mail, return receipt requested to the last known post office address: of the current owner, if known; or of the person against whom taxes are assessed for the property; and to any tenant, occupant, owner's agent or other person known by the Health Officer to exercise control over the premises. (RSA 471:7-a, II) ****************************************************************************** APPENDIX I NH CODE OF ADMINISTRATIVE RULES Env-Ws 421 (Copies of the Rules Can be Obtained From the Wellhead Protection Program 6 Hazen Drive, Concord, N.H. 03301 271-1168)