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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
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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
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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

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