New Hampshire Wastewater Variances: What you need to know

Governing Law and Regulations

National Pollution Discharge Elimination System (NPDES) permits: New Hampshire Revised Statutes Annotated (RSA) 485-A:13

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New Hampshire surface water quality regulations: New Hampshire Regulations- Environmental-Water Quality (Env-Wq) 1700

Regulatory Agencies

New Hampshire Department of Environmental Services (DES) Division of Water

U.S. Environmental Protection Agency (EPA) Region 1

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Any facility that discharges to surface waters is required to obtain a NPDES permit. New Hampshire is not a delegated NPDES state. Therefore, EPA Region 1 issues NPDES permits, including any provisions for wastewater variances. However, before EPA can issue the permit, DES must certify that any conditions or limitations in the permit, including variances, will not violate any state laws or regulations. See the state section EFFLUENT LIMITATIONS for information about state water quality standards. See the national section WASTEWATER VARIANCES for federal requirements for a wastewater variance.

New Hampshire has adopted federal regulations for variances from effluent limitations or categorical pretreatment standards for "fundamentally different factors" under 40 CFR 125. See the state section PRETREATMENT STANDARDS for additional guidance.

Administration and enforcement. Once the NPDES permit has been issued, DES's Water Division conducts inspections of these permitted facilities to ensure that they remain in compliance with permit conditions. Inspections are generally performed on an annual basis and are commonly unannounced.

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State Requirements

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New Hampshire Wastewater Variances Resources

Wastewater Variances Products

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