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1991 New Hampshire Attorney General Reports and Opinions 1 (1991)

handle is hein.sag/sagnh0014 and id is 1 raw text is: JrON vSEYENOL THE STATE OF NEW HAMPSHIRE So usIr.k -TO RNEY ENE R.. JOHN P..1RNOLD Sit YEN M, HOURAN DEPLTY ATT)RNEY rENERAL *AA'IST.4NT ArrORNENS GESERAL :~.a is3~eLESLIE j. LtDT1(E ITREMY F KORNiIg ASSOCIATE ADY)RNFYSrENERAL CHARLES B. HOLTMAN ROBERT? CHENEY.JR. . Jef'rey A. vicyers INVESTIGATOR OilSOK.EVINJ MCAMTY PAR.ALEGAL MARCIA A. B. TIWNBERG THE ATORNEY GENERAL ENVIRONMENTAL PROTECTION BUREAU STATE HOUSE ANNEX 25 CAPITOL STREET CONCORD, NEW HAMPSHIRE 03301.6397 (603)l21189 TTY TDD Relay 1-)0992.3312 / 25=433 FA X 03M) 271 -= January 7, 1991 Robert W. Varney, Commissioner Department of Environmental Services 6 Hazen Drive Concord, New Hampshire 0301 Susan D. Epstein, Acting Director Department of Health and Human Services Division of Public Health Services 6 Hazen Drive Concord, New Hampshire 03301 Re: Jurisdiction Over Operation of Subsurface Systems Dear Commissioner Varney and Acting Director Epstein: You have inquired as to whether the Water Supply and Pollution Control Division of the Department of Environmental Services or the Division of Public Health Services of the Department of Health and Human Services has jurisdiction over the operation and maintenance of subsurface systems installed prior to July 1, 1967. For the reasons outlined below, it is our opinion that, concurrent with health officers of towns, the Water Supply and Pollution Control Division of the Department of Environmental services has such jurisdiction. Your inquiry is generated by a concern over which agency has jurisdiction over failing septic systems which were installed prior to July 1, 1967. There is no question that the Water Supply and Pollution Control Division has jurisdiction over failing systems which were installed on or after July 1, 1967. That date is the original effective date of RSA 149-E, now codified at RSA 485-A:1-4 and 29-44. Those statutory provisions grant the Water Supply and Pollution Control Division broad authority and control