1. NHDES Private Well Strategy Private Well Working Group February 16, 2011 Paul Susca and Cynthia Klevens Drinking Water and Groundwater Bureau N.H. Department of Environmental Services

2. N.H. Domestic Water Supply Sources

3. Private Wells in N.H.  Serve 37 – 44% of residents  Water quality not regulated by State (“unsatisfactory water test” disclosure)  Rarely tested as recommended  Exposure to natural contaminants a significant issue: Est. 33% > 4,000 pCi/L state rec. action level Rn Est. 33% > 4,000 pCi/L state rec. action level Rn Est. 95% > 300 pCi/L proposed fed. MCL Rn Est. 95% > 300 pCi/L proposed fed. MCL Rn Est. 20% > 10 ppb MCL As Est. 20% > 10 ppb MCL As Est. 7% > 30 ppb MCL U Est. 7% > 30 ppb MCL U  Yield an issue for 3%-9% of wells  Impact of withdrawals a concern in some areas

4. Well Yield  Complaints regarding yield at new homes  Water Well Board recommendation Minimum: 600 gal/2 hours once/day (5 gpm) Minimum: 600 gal/2 hours once/day (5 gpm) Optimum: 960 gal/4 hours (4 gpm) Optimum: 960 gal/4 hours (4 gpm)  Based on well completion reports: 3% do not supply minimum 3% do not supply minimum 9% do not supply optimum 9% do not supply optimum

5. Private Well Testing - Overview  Before 2007  Private Well Working Group, 2007-2009 Membership Membership Process Process Recommendation Recommendation  Private Well Testing Bill (2010)  Model Ordinance  Other activities

6. Private Well Initiative Before 2007  2000 Strategy  Radio PSA  Flier and poster (EPA $) distributed thru Health Officers  PSA for town reports  Outreach to towns with high level of contaminants  Presentations Home inspectors Real estate agents  Seminar at DES (2006)

7. NHDES Private Well Testing Recommendations  When New well New well Buying a home Buying a home Repeat every 3-5 yrs Repeat every 3-5 yrs Annually (Basic Analysis) Annually (Basic Analysis) Noticeable changes Noticeable changes  What Basic Analysis ($30) Bacteria (TC, E coli) Nitrate & nitrite Chloride Standard Analysis ($85) 14 parameters Radiological ($80) Radon Analytical Gross Alpha VOCs ($120) Others if indicated

8. Private Well Working Group  NH DES  NH DHHS  US Geological Survey  NH Geological Survey  Code Enforcement, Building Inspector  UNH Sea Grant & Cooperative Extension  Home Builders and Remodelers Assoc.  Association of Realtors  Water Well Board  Well Drillers  Plumbing Board  Health Officer Assoc.  Regional Planning Commissions

9. Working Group - Process  Part of DES Source Water Protection Strategy – updated every 7-10 yrs  October 2007 meeting Review of previous efforts, existing programs, issues, available data Review of previous efforts, existing programs, issues, available data Call for more data, white paper Call for more data, white paper  March 2008 meeting Discussion and voting on policy options Discussion and voting on policy options  Report and Recommendations 2009

10. PWWG White Paper  Private wells serve large and growing portion of population  High levels of natural contaminants affect significant percentage of private wells  Yield of private wells is a health issue  Existing state & local programs do not ensure testing & treatment  Eight policy options described

11. Existing State Programs  DES Private Well Initiative (outreach) Impact difficult to measure, appears short-lived Impact difficult to measure, appears short-lived  NH Water Well Board Licenses drillers and pump installers Licenses drillers and pump installers Addresses well construction, etc. Addresses well construction, etc.  State Plumbing Code Requires “potable water” Requires “potable water” Standards not clear Standards not clear  Real Estate Statute requires disclosure of known problems  Housing Standards requires “adequate supply of water”  Voluntary certification of water treatment technicians

13. Working Group Recommendations  Require testing and disclosure to prospective buyer at R.E. transfer Standard analysis plus rads Standard analysis plus rads Disclose available well yield info Disclose available well yield info Opposed by NHAR & HBRANH Opposed by NHAR & HBRANH  Require testing and disclosure to well owner when new well drilled or existing well deepened

14. HB 1685 (2010) – The Basics HB 1685 (2010) – The Basics  New wells and deepening of existing wells Pump installer takes sample, sends to lab Pump installer takes sample, sends to lab Lab sends results; pump installed provides results to owner; owner signs acknowledgement Lab sends results; pump installed provides results to owner; owner signs acknowledgement  Home sale: prior to executing Purchase & Sale Seller takes sample, sends to lab Seller takes sample, sends to lab Lab sends results; seller provides results to buyer; buyer signs acknowledgementLab sends results; seller provides results to buyer; buyer signs acknowledgement OR buyer opts out of testing OR buyer opts out of testing  Nothing is sent to or filed with DES

15. HB 1685, continued  Analysis to be done by accredited labs.  No need to test again if home with new well is sold within one year.  Well owner, home buyer may opt in to sharing data with NH Geological Survey.  Enforcement by DES in response to complaints; licensed pump installers appeal to Water Well Board

16. Parameters of Concern  Problems in more than 1% of wells (except Radium due to cost & delay) (except Radium due to cost & delay)  Health-related  Non-health-related, but Can render water un-usable: hardness, Fe, Mn, pH, Na, Cl Can render water un-usable: hardness, Fe, Mn, pH, Na, Cl Affect choice of treatment Affect choice of treatment Inexpensive as a package Inexpensive as a package

17. Minority Report  N.H. Association of R EALTORS Opposed to point-of-sale mandates due to cost and delay Opposed to point-of-sale mandates due to cost and delay Notification of known problems already required Notification of known problems already required Standard REALTORS P&S form enables to buyer to opt into water testing, incl. Radon Standard REALTORS P&S form enables to buyer to opt into water testing, incl. Radon Concerned about potential fines for sellers Concerned about potential fines for sellers Question benefit Question benefit  Home Builders & Remodelers Assoc. Chilling effect on home sales Chilling effect on home sales Shift of responsibility to seller Shift of responsibility to seller  Both support overall goal; no objection to new well testing

18. Most Private Well Testing Does Not Include Recommended Health-Based Parameters

19. July 2006 – September 2009

20. American Academy of Pediatrics Policy Statement on Private Wells & Children Recommendations to government (May 2009) States should require testing when a dwelling is sold, and results made available to buyer States should require testing when a dwelling is sold, and results made available to buyer Local governments should provide access to information about local groundwater conditions and recommendations for testing Local governments should provide access to information about local groundwater conditions and recommendations for testing Testing should be convenient and free or inexpensive Testing should be convenient and free or inexpensive Small community systems should not be routinely exempted from testing Small community systems should not be routinely exempted from testing Meanwhile...

21. Since PWWG  HB 1685 introduced January 2010 Commerce and Consumer Affairs Commerce and Consumer Affairs Subcommittee recommended killing bill in February, urging DES to work with NHAR Subcommittee recommended killing bill in February, urging DES to work with NHAR  Existing wells: Attempting to engage NHAR on disclosure form Attempting to engage NHAR on disclosure form Training session for Realtors in September Training session for Realtors in September  New wells Mailing info to new well owners Mailing info to new well owners Model ordinance - soon to be released Model ordinance - soon to be released

23. NHDES Model Ordinance (draft)  Developed for Groundwater Commission – main concerns were adequacy & impact  For building permit or occupancy permit Pumping test (5 hrs) – demonstrate adequacy (3 gal/min; <150 ft drawdown; <24 hr recovery) Pumping test (5 hrs) – demonstrate adequacy (3 gal/min; <150 ft drawdown; <24 hr recovery) Water quality test – disclosure Water quality test – disclosure Results to health officer or building inspector Results to health officer or building inspector

24. Model Ordinance Water Quality Testing Parameters  Total Coliform Bacteria  E. Coli Bacteria  Nitrate  Nitrite  Chloride  pH  Hardness  Fluoride  Iron  Manganese  Sodium  Arsenic  Uranium  Radon  Analytical Gross Alpha  Copper (stagnant and purged)  Lead (stagnant and purged)  Volatile organic compounds

25. What’s Next  Model ordinance Finalize, disseminate, publicize  NHAR disclosure form  Continue mailings to new well owners  Ground Water Awareness Week March 6-12