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

N.H. Domestic Water Supply Sources

PWS Surface 23% Private Wells 40% PWS GW & Surface 14% PWS GW 23%

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. 95% > 300 pCi/L proposed fed. MCL Rn Est. 20% > 10 ppb MCL As Est. 7% > 30 ppb MCL U Yield an issue for 3%-9% of wells Impact of withdrawals a concern in some areas 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0%

Prevalence of Common Contaminants in NH Private Wells

Radon - Proposed Radon - Proposed EPA MCL (300 piC/L) EPA AMCL (4,000 piC/L) Arsenic - EPA and DES MCL (10 ug/L) Uranium - EPA and DES MCL (30 ug/L)

Well Yield

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

Private Well Testing - Overview

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

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)

NHDES Private Well Testing Recommendations

 When 

New well

   

Buying a home

Repeat every 3-5 yrs Annually (Basic Analysis) 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

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

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 Call for more data, white paper  March 2008 meeting  Discussion and voting on policy options  Report and Recommendations 2009

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

Existing State Programs

      DES Private Well Initiative (outreach)  Impact difficult to measure, appears short-lived NH Water Well Board   Licenses drillers and pump installers Addresses well construction, etc.

State Plumbing Code  Requires “potable water”  Standards not clear Real Estate Statute requires disclosure of known problems Housing Standards requires “adequate supply of water” Voluntary certification of water treatment technicians

Working Group Recommendations

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

HB 1685 (2010) – The Basics

 New wells and deepening of existing wells   Pump installer takes sample, sends to lab 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 • Lab sends results; seller provides results to buyer; buyer signs acknowledgement OR buyer opts out of testing  Nothing is sent to or filed with DES

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

Parameters of Concern

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

Minority Report

   N.H. Association of R EALTORS      Opposed to point-of-sale mandates due to cost and delay Notification of known problems already required Standard REALTORS P&S form enables to buyer to opt into water testing, incl. Radon Concerned about potential fines for sellers Question benefit Home Builders & Remodelers Assoc.

  Chilling effect on home sales Shift of responsibility to seller Both support overall goal; no objection to new well testing

Most Private Well Testing Does Not Include Recommended Health-Based Parameters 180 160 140 120 100 80 60 40 20 0

Private Well Analyses - DES Lab

Standard Sanitary Radiologicals

Private Well Analyses - DES Lab

July 2006 – September 2009 Radiologicals 11% Sanitary 28% Standard 61%

Meanwhile . . .

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    Local governments should provide access to information about local groundwater conditions and recommendations for testing Testing should be convenient and free or inexpensive Small community systems should not be routinely exempted from testing

Since PWWG

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

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) Water quality test – disclosure  Results to health officer or building inspector

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

What’s Next

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