New Hampshire regulates bottled water at the source under the auspices of DES, and the handling and labeling of the product under the Department of Health and Human Services. (For information on DHHS regulations, see Beverage and Bottled Water Inspection and Licensing). If the withdrawal is 57,600 gallons or more per day, then the applicant must also obtain a Large Groundwater Withdrawal Permit from DES.
To establish the criteria for approval of new groundwater sources of bottled water.
New groundwater sources of bottled water.
Statute and Administrative Rules
RSA 485:1, II (g) New Hampshire Safe Drinking Water Act/Public Water Supply Protection Program
RSA 485:3, XI New Hampshire Safe Drinking Water Act/Public Water Supply Protection Program/Drinking Water Rules
Env-Dw 303 Groundwater Sources of Bottled Water
Application requirements are specified in Env-Dw 303 Groundwater Sources of Bottled Water.
Requirements include submitting a water conservation plan with the preliminary application. See Water Conservation Rules for plan requirements.
For proposed withdrawals equal to or greater than 57,600 gallons a day, a Large Groundwater Withdrawal Permit is also required.
When a bottled water project also requires a Large Groundwater Withdrawal Permit, it typically takes a minimum of 18 months following the submittal of a complete preliminary report application . The length of and timeline for the large groundwater withdrawal permitting process is summarized in item No. 8 of DES fact sheet Frequently Asked Questions Regarding Large Groundwater Withdrawal Permitting in New Hampshire . More processing time information under section More Information below.
Source approval lapses in five years if the source has not started producing bottled water within that time. If approval lapses, the applicant must satisfy the requirements specified in Env-Dw 303 to regain approval to use the source. Source approval does not lapse if the source is used to produce bottled water within five years of the source’s approval.
Modifications to the conditions of approval may be requested in writing to the Permitting of Sources of Bottled Water Program, provided the requirements continue to be satisfied. The Permitting of Sources of Bottled Water Program may also modify the terms and conditions of approval based on a review of the information submitted to meet approval conditions.
Approvals are transferable as part of the transfer of a business entity to a new owner. Notice of any change in the ownership or the owner’s address shall be provided to the Permitting of Sources of Bottled Water Program.
Status of Current Applications
Contact (603) 271-8866
New Bottled Water Sources in New Hampshire: How They Are Regulated (Fact Sheet WD-DWGB-19-1)
Applicants for approval of new groundwater sources of bottled water may also be required to obtain a Large Groundwater Withdrawal Permit.
When a Large Groundwater Withdrawal Permit is also required, every effort is made to process preliminary and final reports submitted in support of a permit application within the required 45-day written comment period and provide comments shortly after the close of the comment period; however, the extent of public involvement, complexity of the project, and degree of completeness of the submittal may increase the processing time. Supplemental information in support of a permit application is typically processed within 30 days of receipt.
Timeline information regarding public input on a preliminary or final report is summarized in DES fact sheet Large Groundwater Withdrawals Approval and Notification Requirements (Fact Sheet WD-DWGB-22-11)
Permitting of Sources of Bottled Water Program or (603) 271-8866.
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