N.H. Code Admin. R. Ann. Env-Dw — Drinking Water Programs

Chapter Env-Dw 100 Public Water Systems: Purpose and Applicability; Use of Federal Terms; Special Provisions for Political Subdivisions; Definitions

Part Env-Dw 101 Purpose and Applicability; Use of Federal Terms

N.H. Code Admin. R. Ann. Env-Dw 101.01 Purpose

The purpose of the rules in subtitle Env-Dw, and of such rules in Env-Ws 300 as remain until moved to subtitle Env-Dw is to:

(a) Protect public health by establishing the requirements applicable to public water systems as defined in RSA 485:1-a, XV; and

(b) Ensure that the public water system program implemented by the department is at least as stringent as that established by the U.S. Environmental Protection Agency (EPA) under the federal Safe Drinking Water Act and regulations adopted pursuant thereto.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 101.02 Applicability

(a) The rules in subtitle Env-Dw and in Env-Ws 300, which establish drinking water rules pursuant to the NH Safe Drinking Water Act, RSA 485, shall apply to all public water systems.

(b) Operational rules, including those for monitoring and reporting, shall apply to a water system that meets the definition of a public water system as soon as it begins operation, regardless of the actual number of connections existing or the number of persons being served.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 101.03 Terms used in Federal Provisions Adopted by Reference

Where 40 CFR 141 provisions are referenced in subtitle Env-Dw, the terms used in such provisions shall be as defined in 40 CFR 141.2 unless specifically modified or otherwise defined.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 101.04 Date of Incorporated Federal Regulations

Unless otherwise specified, references to 40 CFR within subtitle Env-Dw shall be to the 07-01-17 edition.

History

#12580, eff 7-21-18

Part Env-Dw 102 Special Provisions for Political Subdivisions

N.H. Code Admin. R. Ann. Env-Dw 102.01 Exemptions from Requirements Pursuant to Part 1, Article 28-a for Water Systems Owned by Political Subdivisions

(a) A rule identified in Table 102-1, below, shall not apply to a political subdivision pursuant to Part 1, Article 28-a of the N.H. Constitution, if:

(1) Compliance with the particular rule necessitates additional local expenditures by the political subdivision compared to compliance with the corresponding rule in Env-Ws 300 that was in effect prior to the effective date of the rule; and

(2) The state has not fully funded the additional expenditure and the local legislative body of the political subdivision has not approved funding to comply with the rule.

(b) The rules to which the exemption in (a), above, applies shall be as listed in Table 102-1, subject to the definitions in (c), below:

Table 102-1

Post-1984 Requirements that Are Not Federal Requirements

Rule

Description

Env-Ws 307.01 or successor rules in Env-Dw 406 ^A

Standards of the American Water Works Association as described in (c)(1), below

Env-Dw 703.02, Env-Dw 710.05

Radon sampling for new water supply sources

Env-Dw 704.01(c) and Env-Dw 706.01(b)

Fluoride MCL and SMCLS in Table 704-1 and Table 706-1 for NTNC systems only as identified in Env-Dw 704.01(c)

Env-Dw 705.03(d)

MCLGs for disinfectant residual level goals in Table 705-4

Env-Dw 706

Monitoring for secondary contaminants

Env-Ws 360.13; Env-Dw 503.15

Inspection frequency of public water systems

Env-Ws 361.03; Env-Dw 504.04

5-year source pump test

Env-Ws 361.04; Env-Dw 504.05

Distribution system flushing

Env-Ws 361.05; Env-Dw 504.06

Operating distribution valves

Env-Ws 361.08; Env-Dw 504.09

Inspection and maintenance of storage tanks

Env-Ws 370.01 or successor rules in Env-Dw 401 ^B

General design standards as described in (c)(2), below

Env-Ws 370.02 or successor rules in Env-Dw 401

Design review fee

Env-Ws 370.03 or successor rules in Env-Dw 401 ^A

Quality of product and workmanship as described in (c)(1), below

Env-Ws 372.07 or successor rules in Env-Dw 404

Design review fee for small community water systems

Env-Ws 372.16 or successor rules in Env-Dw 404

Water supply quality

Env-Ws 372.17(f) or successor rules in Env-Dw 404

Extra tank for fire storage

Env-Ws 372.22(b) or successor rules in Env-Dw 404

Alarm silencer and labels

Env-Ws 372.22(e) or successor rules in Env-Dw 404

Pressure gauge

Env-Ws 372.22(f) or successor rules in Env-Dw 404

Immediate disinfection

Env-Ws 372.22(g) or successor rules in Env-Dw 404

Off / on / alarm for pump controls

Env-Ws 372.22(i) or successor rules in Env-Dw 404

Oiless air compressor

Env-Ws 372.23(g) or successor rules in Env-Dw 404

Air tube for electronic drawdown probe

Env-Ws 372.24(d)(2) or successor rules in Env-Dw 404

Passive cathodic protection system

Env-Ws 372.24(e) or successor rules in Env-Dw 404

Capped filler pipe

Env-Ws 372.25(b) or successor rules in Env-Dw 404

Wiring and control devices

Env-Ws 372.32(l) or successor rules in Env-Dw 404

Tracer tape above pipe

Env-Ws 372.32(m) or successor rules in Env-Dw 404

“Gate” on valve box

Env-Ws 373.06 or successor rules in Env-Dw 405

Design review fee

Env-Ws 373.14 or successor rules in Env-Dw 405

Water supply quality

Env-Ws 373.15 or successor rules in Env-Dw 405

Extra tank for fire storage

Env-Ws 373.17(b) or successor rules in Env-Dw 405

Pressure gauge

Env-Ws 373.17(c) or successor rules in Env-Dw 405

Off / on / alarm for pump controls

Env-Ws 373.17(d) or successor rules in Env-Dw 405

Oiless air compressor

Env-Ws 373.25 or successor rules in Env-Dw 405

“Gate” on valve box

Env-Ws 374.09 or successor rules in Env-Dw 403 ^A

Quality of products and workmanship as described in (c)(1), below

(1) “A” means that relative to the standards of the American Water Works Association (AWWA) as incorporated by reference in Env-Ws 307.01 or successor rules in Env-Dw 406, only the changes since 1984 shall be subject to the exemption in (a), above.

(2) “B” means that relative to the Recommended Standards for Water Works, as incorporated by reference in Env-Ws 370.01 and Env-Ws 374.01 or successor rules in Env-Dw 401 and Env-Dw 403, only the changes since the 1982 edition shall be subject to the exemption in (a), above.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 102.02 Local Authority

Nothing in this chapter shall diminish any authority of a municipality to adopt or enforce any rules or ordinances respecting drinking water or public water systems, but no such rule or ordinances shall relieve any person of any requirements otherwise applicable under this chapter.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

Part Env-Dw 103 Definitions

N.H. Code Admin. R. Ann. Env-Dw 103.01 Act

“Act” means the New Hampshire Safe Drinking Water Act, RSA 485.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.02 Action level

“Action level” means the concentration of lead or copper in water, determined in accordance with Env-Dw 714, which determines the treatment requirements that a water system is required to complete.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.03 Accredited

“Accredited” means certified to the standards of the New Hampshire environmental laboratory accreditation program (NH ELAP) as specified in Env-C 300.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.04 Analytical gross alpha

“Analytical gross alpha” means total gross alpha activity as measured by the EPA approved methodologies, as specified in 40 CFR 141.25, and includes, but is not limited to, alpha particles from radium-226, uranium, thorium, and polonium. The term does not include radon.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.05 Approved source

“Approved source” means a source of water used by a public water system for distribution to the public for consumptive purposes that has been approved by the department for such use.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.06 Backflow prevention device

“Backflow prevention device” means a device that is designed to, and which in practice does, prohibit unwanted substances from flowing from a service connection into the water distribution pipes of a potable supply of water.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.07 Best available technology (BAT)

“Best available technology (BAT)”means “best available technology” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.08 Blended sample

“Blended sample” means a sample that is representative of the water being distributed to consumers, where water is supplied from more than one source and the sources operate simultaneously or are automatically alternated between pump operating cycles and the water is combined before entering the distribution system.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.09 Bottled water

“Bottled water” means “bottled drinking water” as described in 21 CFR 165.110(a)(1), as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.10 Coagulation

“Coagulation” means “coagulation” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.11 Community water system

“Community water system” means “community water system” as defined in RSA 485:1-a, I, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.12 Compliance gross alpha

“Compliance gross alpha” means the analytical gross alpha activity minus the uranium activity. Radon is not included in compliance gross alpha activity.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.13 Consecutive system

“Consecutive system” means “consecutive system” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.14 Contaminant

“Contaminant” means “contaminant” as defined in RSA 485:1-a, II, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.15 Cross-connection control program

“Cross-connection control program” means a set of rules adopted by a water system which requires at least the installation of backflow prevention devices, periodic testing and inspection of these devices, and annual inspection reports of these devices to eliminate existing cross-connections and to prevent the possible occurrence of backflow or back-siphonage from contaminating the drinking water system.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.16 Department

“Department” means “department” as defined in RSA 485:1-a, III, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.17 Disinfectant

“Disinfectant” means “disinfectant” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.18 Disinfection

“Disinfection” means “disinfection” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.19 Distribution system

“Distribution system” means that portion of the public water system which includes pipes, storage facilities, pressure booster facilities, and all measuring and control devices used to convey potable water to the system users.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.20 Feasible

“Feasible” means “feasible” as defined in RSA 485:1-a, V, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.21 Filtration

“Filtration” means “filtration” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.22 Finished water

“Finished water” means “finished water” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.23 Fire protection

“Fire protection” means one or more fire hydrants installed on a water system’s water distribution system that are sized and configured with the intent that they will be capable of supplying a sufficient quantity of water with adequate pressure for fighting fires.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.24 Groundwater under the direct influence of surface water

“Groundwater under the direct influence of surface water” means “groundwater under the direct influence of surface water” as defined in 40 CFR 141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.25 Haloacetic acids (five) (HAA5)

“Haloacetic acids (five) (HAA5)” means “haloacetic acids (five) (HAA5)”as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.26 Halogen

“Halogen” means “halogen” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.27 Large community water system

“Large community water system” means a community water system which serves greater than 1,000 residents.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.28 Maximum contaminant level (MCL)

“Maximum contaminant level (MCL)” means “maximum contaminant level” as defined in RSA 485:1-a,VII, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.29 Maximum contaminant level goal (MCLG)

“Maximum contaminant level goal (MCLG)” means “maximum contaminant level goal” as defined in RSA 485:1-a,VIII, as reprinted in Appendix B. Maximum contaminant level goals are non-enforceable health goals.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.30 Maximum residual disinfectant level (MRDL)

“Maximum residual disinfectant level (MRDL)” means “maximum residual disinfectant level” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.31 Maximum residual disinfectant level goal

“Maximum residual disinfectant level goal” means “maximum residual disinfectant level” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.32 Maximum total trihalomethane potential (MTTP)

“Maximum total trihalomethane potential (MTTP)” means “maximum total trihalomethane potential” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.33 Municipality

“Municipality” means a city, town, or other public body created by or pursuant to State law, or an Indian tribal organization authorized by law.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.34 Municipal water system

“Municipal water system” means a public water system either owned and operated by a municipality, or an investor-owned public water system which serves a city, town, other public body created by or pursuant to state law, or Indian tribal organization authorized by law.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.35 NH drinking water rules

“NH drinking water rules” means any rule contained in subtitle Env-Dw or in Env-Ws 300 until such rules are moved to subtitle Env-Dw.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.36 Nephelometric

“Nephelometric” means the method of turbidity measurement required for public water supply sources by 40 CFR 141.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.37 Non-community water system

“Non-community water system” means “non-community water system” as defined in RSA 485:1-a, X, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.38 Non-transient non-community water system (NTNC)

“Non-transient non-community water system (NTNC)” means “non-transient non-community water system” as defined in RSA 485:1-a,XI, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.39 Operator

“Operator” means “operator” as defined in RSA 485:1-a, XII, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.40 Owner

“Owner” means the person who holds legal title to the real property, treatment facilities, distribution system, or other appurtenances, or any combination thereof, that comprise a public water system.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 103.41 Owner or operator (O/O)

“Owner or operator (O/O)” means “supplier of water” as defined in 40 CFR 141.2.

History

#12180, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 103.42 Person

“Person” means “person” as defined in RSA 485:1-a, XIII, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #12180 (from Env-Dw 103.41)

N.H. Code Admin. R. Ann. Env-Dw 103.43 Picocurie (pCi)

“Picocurie (pCi)” means “picocurie” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #12180 (from Env-Dw 103.42)

N.H. Code Admin. R. Ann. Env-Dw 103.44 Protected water source

“Protected water source” means a groundwater source not under the influence of surface water whose location meets the well location requirements specified in Env-Dw 405.13 or Env-Dw 406.11, as applicable, and whose sanitary protective area does not contain wastewater disposal systems, dumpsters, detention ponds, infiltration basins, animal pens, or other development that could introduce pathogens.

History

#10770, eff 2-1-15; renumbered by #12180 (from Env-Dw 103.43); renumbered by #12180 (from Env-Dw 103.43)

N.H. Code Admin. R. Ann. Env-Dw 103.45 Public water system

“Public water system” means “public water system” as defined in RSA 485:I-a, XV, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.43); renumbered by #12180 (from Env-Dw 103.44)

N.H. Code Admin. R. Ann. Env-Dw 103.46 Reliably and consistently below the MCL

“Reliably and consistently below the MCL” means, for a particular contaminant, that each water quality test result is less than 80% of the applicable MCL based on sampling for at least 4 consecutive quarters.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.44); renumbered by #12180 (from Env-Dw 103.45)

N.H. Code Admin. R. Ann. Env-Dw 103.47 Rem

“Rem” means “rem” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.45); renumbered by #12180 (from Env-Dw 103.46)

N.H. Code Admin. R. Ann. Env-Dw 103.48 Running annual average

“Running annual average” means a calculation made to determine compliance with an MCL where all water quality data taken within a one-year period are averaged and that number compared to the respective MCL, in which the average is recalculated by considering each new data point and dropping from consideration those data points that are more than one year old.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.46); renumbered by #12180 (from Env-Dw 103.47)

N.H. Code Admin. R. Ann. Env-Dw 103.49 Sampling point

“Sampling point” means the entry point to the distribution system which is representative of each well or surface supply after treatment, which is representative of the water being distributed to consumers, and at which compliance samples are taken.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.47); renumbered by #12180 (from Env-Dw 103.48)

N.H. Code Admin. R. Ann. Env-Dw 103.50 Sanitary defect

“Sanitary defect” means “sanitary defect” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.48); renumbered by #12180 (from Env-Dw 103.49)

N.H. Code Admin. R. Ann. Env-Dw 103.51 Sanitary survey

“Sanitary survey” means an on-site inspection or review of the water source(s), facilities, equipment, operation, maintenance, and monitoring of a public water system to evaluate the adequacy of the system, including its sources and operations, to ensure the distribution of safe drinking water.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.49); renumbered by #12180 (from Env-Dw 103.50)

N.H. Code Admin. R. Ann. Env-Dw 103.52 Seasonal system

“Seasonal system” means “seasonal system” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; ss and renumbered by #10770, eff 2-1-15 (from Env-Dw 103.50); renumbered by #12180 (from Env-Dw 103.51)

N.H. Code Admin. R. Ann. Env-Dw 103.53 Secondary maximum contaminant level (SMCL)

“Secondary maximum contaminant level (SMCL)” means “secondary maximum contaminant level” as defined in 40 CFR 143.2(f), as reprinted in Appendix C, which are for contaminants that primarily affect the aesthetic qualities of drinking water which in turn affect public acceptance of the drinking water.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-1; renumbered by #10770 (from Env-Dw 103.51); renumbered by #12180 (from Env-Dw 103.52)

N.H. Code Admin. R. Ann. Env-Dw 103.54 Significant deficiency

“Significant deficiency” means a deficiency that can directly and adversely affect a public water system’s water quality or that can reduce the water system’s reliability and ability to deliver safe drinking water to its customers, including but not limited to defects in design, operation, or maintenance, or a failure or malfunction of the source(s), treatment, storage, or distribution system(s) that could cause or allow the introduction of fecal or microbial contamination into the water delivered to consumers.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-1; renumbered by #10770 (from Env-Dw 103.52); renumbered by #12180 (from Env-Dw 103.53)

N.H. Code Admin. R. Ann. Env-Dw 103.55 Small community water system

“Small community water system” means a community water system that serves fewer than 1,000 residents and does not have fire protection provided by street hydrants.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.53); renumbered by #12180 (from Env-Dw 103.54)

N.H. Code Admin. R. Ann. Env-Dw 103.56 Supplier of water

“Supplier of water” means “supplier of water” as defined in RSA 485:1-a, XVI, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.54); renumbered by #12180 (from Env-Dw 103.55)

N.H. Code Admin. R. Ann. Env-Dw 103.57 Surface water

“Surface water” means water that is open to the atmosphere and subject to surface runoff.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.55); renumbered by #12180 (from Env-Dw 103.56)

N.H. Code Admin. R. Ann. Env-Dw 103.58 Surface water/ground water under the direct influence of surface water system (SW/GWUDISW system)

“Surface water/ground water under the direct influence of surface water system (SW/GWUDISW system)” means a public water system for which any source is surface water or ground water under the direct influence of surface water that is subject to Env-Dw 716.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.56); renumbered by #12180 (from Env-Dw 103.57)

N.H. Code Admin. R. Ann. Env-Dw 103.59 System with a single service connection

“System with a single service connection” means a system that supplies drinking water to consumers via a single service line.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.57); renumbered by #12180 (from Env-Dw 103.58)

N.H. Code Admin. R. Ann. Env-Dw 103.60 Total organic carbon (TOC)

“Total organic carbon (TOC)” means the sum of the concentrations, in milligrams per liter (mg/L), of all organic carbon, measured using heat, oxygen, ultraviolet irradiation, chemical oxidants, or combinations of these oxidants that convert organic carbon to carbon dioxide, rounded to 2 significant figures.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.58); renumbered by #12180 (from Env-Dw 103.59)

N.H. Code Admin. R. Ann. Env-Dw 103.61 Total trihalomethanes (TTHM)

“Total trihalomethanes (TTHM)” means “total trihalomethanes” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.59); renumbered by #12180 (from Env-Dw 103.60)

N.H. Code Admin. R. Ann. Env-Dw 103.62 Transient non-community water system (TNC)

“Transient non-community water system (TNC)” means a non-community water system that serves at least 25 persons in a transitory setting such as a restaurant for more than 60 days each year.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.60); renumbered by #12180 (from Env-Dw 103.61)

N.H. Code Admin. R. Ann. Env-Dw 103.63 Trihalomethane (THM)

“Trihalomethane (THM)” means “trihalomethane” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.61); renumbered by #12180 (from Env-Dw 103.62)

N.H. Code Admin. R. Ann. Env-Dw 103.64 Treatment technique requirement

“Treatment technique requirement” means a requirement of Env-Dw 716 or Env-Dw 717 which specifies for a contaminant a specific treatment technique(s) known to the department which leads to a reduction in the level of such contaminant sufficient to comply with the requirements of subtitle Env-Dw and Env-Ws 300 until such rules are moved to subtitle Env-Dw.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.62); renumbered by #12180 (from Env-Dw 103.63)

N.H. Code Admin. R. Ann. Env-Dw 103.65 Virus

“Virus” means “virus” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.64)

N.H. Code Admin. R. Ann. Env-Dw 103.66 Waterborne disease outbreak

“Waterborne disease outbreak” means “waterborne disease outbreak” as defined in 40 CFR §141.2, as reprinted in Appendix C.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.64); renumbered by #12180 (from Env-Dw 103.65)

N.H. Code Admin. R. Ann. Env-Dw 103.67 Year-round resident

“Year-round resident” means an individual who lives in a residence served by the water system for greater than 6 months out of the year.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14; renumbered by #10770 (from Env-Dw 103.65); renumbered by #12180 (from Env-Dw 103.66)

Part Env-Dw 104 Access to Files

N.H. Code Admin. R. Ann. Env-Dw 104.01 Access to Files

(a) The files of the department relating to activities under RSA 485 that are not exempt from disclosure under RSA 91-A shall be open to public inspection as provided in RSA 91-A:4.

(b) Information that is available for public inspection may be copied.

Appendix A: State Statutes and Federal /Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Requirement(s) Implemented

Env-Dw 101

RSA 485:1-16

Env-Dw 101.04

RSA 485:1-16, 41, 43, & 58

40 CFR Parts 141, 142, & 143

Env-Dw 102

RSA 541-A:25

Env-Dw 103

RSA 485:1-16

40 CFR 141.2

Env-Dw 103.41

RSA 485:3, I

40 CFR 141.2

Env-Dw 104

RSA 91-A:4

Appendix B: Statutory Definitions

RSA 485:1-a

I. “Community water system” means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

II. “Contaminant” means any physical, chemical, biological or radiological substance or matter in the water.

V. “Feasible” means capable of being done with the use of the best technology, treatment techniques, and other means which the department finds, after examination for efficacy under field as well as laboratory conditions, is available at reasonable cost.

VII. “Maximum contaminant level” means the maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of a public water system, except in the case of turbidity where the maximum permissible level is measured at the point of entry to the distribution system. Contaminants added to the water under circumstances controlled by the user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from the definition.

VIII. “Maximum contaminant level goal” means that level of a contaminant in water at which no known or anticipated adverse effects on the health of consumers occur and which allows an adequate margin of safety, as determined by federal and state agencies.

X. “Non-community water system” means a public water system that is not a community water system.

XI. “Non-transient non-community water system” means a system which is not a community water system and which serves the same 25 people, or more, over 6 months per year.

XII. “Operator” means the individual who has direct management responsibility for the routine supervision and operation of a public water system or of a water treatment plant or collection, treatment, storage, or distribution facility or structure that is a part of a system.

XIII. “Person” means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

XVI. “Supplier of water” means any person who controls, owns or generally manages a public water system.

Appendix C: Federal Definitions

21 CFR §165.110 Bottled water.

(a) Identity—(1) Description. Bottled water is water that is intended for human consumption and that is sealed in bottles or other containers with no added ingredients except that it may optionally contain safe and suitable antimicrobial agents. Fluoride may be optionally added within the limitations established in §165.110(b)(4)(ii). Bottled water may be used as an ingredient in beverages (e.g., diluted juices, flavored bottled waters). It does not include those food ingredients that are declared in ingredient labeling as “water,” “carbonated water,” “disinfected water,” “filtered water,” “seltzer water,” “soda water,” “sparkling water,” and “tonic water.” The processing and bottling of bottled water shall comply with applicable regulations in part 129 of this chapter.

40 CFR §141.2

Best available technology or BAT means the best technology, treatment techniques, or other means which the Administrator finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). For the purposes of setting MCLs for synthetic organic chemicals, any BAT must be at least as effective as granular activated carbon.

Coagulation means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into flocs.

Consecutive system is a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems.

Disinfectant means any oxidant, including but not limited to chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms.

Disinfection means a process which inactivates pathogenic organisms in water by chemical oxidants or equivalent agents.

Finished water means water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as treatment necessary to maintain water quality in the distribution system (e.g. booster disinfection, addition of corrosion control chemicals).

Groundwater under the direct influence of surface water means any water beneath the surface of the ground with significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or Cryptosporidium, or significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. Direct influence must be determined for individual sources in accordance with criteria established by the State. The State determination of direct influence may be based on site-specific measurements of water quality and/or documentation of well construction characteristics and geology with field evaluation.

Haloacetic acids (five) (HAA5) mean the sum of the concentrations in milligrams per liter of the haloacetic acid compounds (monochloroacetic acid, dichloroacetic acid, trichloroacetic acid, monobromoacetic acid, and dibromoacetic acid), rounded to two significant figures after addition.

Halogen means one of the chemical elements chlorine, bromine or iodine.

Maximum residual disinfectant level (MRDL) means a level of a disinfectant added for water treatment that may not be exceeded at the consumer's tap without an unacceptable possibility of adverse health effects. For chlorine and chloramines, a PWS is in compliance with the MRDL when the running annual average of monthly averages of samples taken in the distribution system, computed quarterly, is less than or equal to the MRDL. For chlorine dioxide, a PWS is in compliance with the MRDL when daily samples are taken at the entrance to the distribution system and no two consecutive daily samples exceed the MRDL. MRDLs are enforceable in the same manner as maximum contaminant levels under Section 1412 of the Safe Drinking Water Act. There is convincing evidence that addition of a disinfectant is necessary for control of waterborne microbial contaminants. Notwithstanding the MRDLs listed in §141.65, operators may increase residual disinfectant levels of chlorine or chloramines (but not chlorine dioxide) in the distribution system to a level and for a time necessary to protect public health to address specific microbiological contamination problems caused by circumstances such as distribution line breaks, storm runoff events, source water contamination, or cross-connections.

Maximum Total Trihalomethane Potential (MTP) means the maximum concentration of total trihalomethanes produced in a given water containing a disinfectant residual after 7 days at a temperature of 25°C or above.

Picocurie (pCi) means the quantity of radioactive material producing 2.22 nuclear transformations per minute.

Rem means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A “millirem (mrem)” is 1/1000 of a rem.

Sanitary defect is a defect that could provide a pathway of entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place.

Seasonal system is a non-community water system that is not operated as a public water system on a year round basis and starts up and shuts down at the beginning and end of each operating season.

Total trihalomethanes (TTHM) means the sum of the concentration in milligrams per liter of the trihalomethane compounds (trichloromethane [chloroform], dibromochloromethane, bromodichloromethane and tribromomethane [bromoform]), rounded to two significant figures.

Trihalomethane (THM) means one of the family of organic compounds, named as derivatives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

Waterborne disease outbreak means the significant occurrence of acute infectious illness, epidemiologically associated with the ingestion of water from a public water system which is deficient in treatment, as determined by the appropriate local or State agency.

History

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14

Chapter Env-Dw 200 Rule Waivers; Confidential Business Information; Hearing Procedures

Part Env-Dw 201 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Dw 201.01 Purpose

The purpose of the rules in this chapter is to supplement the provisions of RSA 541-A and Env-C 200 relative to procedures applicable to proceedings under RSA 485 and the NH drinking water rules.

Revision Note:

Document #10607, effective 6-1-14, adopted Parts Env-Dw 201, 203, 204, and 205, and Env-Dw 202.01 and Env-Dw 202.02, under a new Chapter Env-Dw 200 entitled “Rule Waivers; Confidential Business Information; Hearing Procedures.” Document #10607 also readopted with amendments and renumbered former rule Env-Ws 301.04 entitled “Waivers” under the new subtitle as Env-Dw 202.03 through Env-Dw 202.07. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

The former rule Env-Ws 301.04 had last been filed under Document #8498, effective 11-30-05, but it did not expire on 11-30-13 since it was extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10607, effective 6-1-14.

Document #10607 replaces all prior filings for the former rule Env-Ws 301.04. The prior filings for this former rule, beginning with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

#6521, eff 6-4-97

#8360, INTERIM, eff 6-4-05

#8498, eff 11-30-05

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 201.02 Applicability

The rules in this chapter shall apply to all procedures undertaken pursuant to RSA 485 and the NH drinking water rules.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

Part Env-Dw 202 Waiver of Nh Drinking Water Rules

N.H. Code Admin. R. Ann. Env-Dw 202.01 Purpose

The purpose of the rules in this part is to accommodate situations where strict adherence to the NH drinking water rules could cause operational or economic consequences that are not outweighed by the public health benefit of complying with the rules as written.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 202.02 Applicability

The rules in this part shall apply only to requirements that are not subject to the requirements of RSA 485:42 relative to variances and exemptions.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 202.03 Waiver Request Procedures

(a) The owner of a public water system that is or would be adversely affected by the strict application of one or more rules in subtitle Env-Dw, or in Env-Ws 300 until such rules are moved to subtitle Env-Dw, who wishes to request a waiver of those rules shall request the waiver in accordance with this part.

(b) A request for a waiver shall:

(1) Be submitted in writing to the department;

(2) Include the information specified in Env-Dw 202.04; and

(3) Be signed as specified in Env-Dw 202.05.

(c) Any waiver request that is submitted as part of an application for a permit or approval, or a modification thereof, shall be submitted with such application, or as soon thereafter as the need for the waiver is identified by the applicant or the department.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 202.04 Required Information

The request for a waiver shall include the following:

(a) Identification of the water system for which the waiver is being requested, by name, PWS identifier, and location of the system;

(b) A specific reference to each section of the rules for which a waiver is being sought;

(c) A full explanation of why a waiver is being requested, including an explanation of the operational or economic consequences of complying with the rule as written in comparison to the public health benefit of complying with the rule as written;

(d) If the owner proposes to use an alternative to the requirement for which a waiver is sought or a modification of the requirement, a complete explanation of the alternative or modification with data or other materials that support the explanation;

(e) Whether the waiver is sought for a specific period of time and, if so, how long the waiver will be needed; and

(f) A full explanation of why the owner believes that having the waiver granted will meet the criteria in Env-Dw 202.06.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 202.05 Signature Required

(a) The owner shall sign and date the waiver request.

(b) The owner’s signature shall constitute certification that:

(1) The owner has personally examined and is familiar with the information submitted in or with the waiver request;

(2) Based on the owner’s inquiry of those individuals immediately responsible for obtaining the information, the owner believes that the submitted information is true and correct to the best of the individual’s knowledge and belief; and

(3) The owner understands that he or she is subject to the penalties specified in RSA 641:3 for making unsworn false statements.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 202.06 Criteria

(a) Subject to (b), below, the department shall grant a waiver if it finds that:

(1) The requirement is not mandated by state or federal statute;

(2) Granting the waiver, with or without conditions, will be as protective of public health as complying with the requirement as written;

(3) Granting the waiver, with or without conditions, will not adversely impact the department’s obligations under RSA 485 and obligations associated with maintaining primacy from the EPA; and

(4) Strict adherence to the NH drinking water rules could cause operational or economic consequences that are not outweighed by the public health benefit of complying with the rules as written.

(b) The department shall consider economic, technological, practical application, and safety issues in evaluating a waiver request, but shall not grant a waiver solely on the basis of cost.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 202.07 Decision

(a) The department shall notify the owner in writing of its decision on the waiver request.

(b) If the waiver request is denied, the notice sent pursuant to (a), above, shall specifically set forth the reason(s) for the denial.

(c) If a waiver is granted, the department shall include such conditions in the waiver as are needed to ensure that the criteria specified in Env-Dw 202.06(a) are met.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

Part Env-Dw 203 Claims of Confidentiality

N.H. Code Admin. R. Ann. Env-Dw 203.01 Purpose

The purpose of this part is to provide a mechanism by which a person who submits information to the department can protect confidential business information or trade secrets.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 203.02 Procedure

Subject to Env-C 208.05, any person submitting information to the department may make a claim of confidentiality for all confidential business information, or any part thereof, pursuant to the criteria and procedures of Env-C 208.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

Part Env-Dw 204 Non-Adjudicative Public Hearings

N.H. Code Admin. R. Ann. Env-Dw 204.01 Applicability

Non-adjudicative public hearings shall be held in the following cases:

(a) When proposing to adopt public water system rules;

(b) For any matter that is not a contested case for which the department is required by law or by the public water system rules to hold a hearing; and

(c) For any matter normally not requiring public participation but deemed by the department to have significant public interest.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 204.02 Procedure

The procedures for a non-adjudicative public hearing shall be as specified in the provisions of Env-C 200 that are applicable to non-adjudicative hearings.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

Part Env-Dw 205 Adjudicative Hearings

N.H. Code Admin. R. Ann. Env-Dw 205.01 Applicability

An adjudicative hearing shall be held by the department in the following cases:

(a) To give a permittee or other affected party an opportunity to show cause why the department should not proceed with a proposed decision to suspend or revoke any permit under RSA 485 and the public water system rules; and

(b) In any other case that is a contested case as defined by RSA 541-A, provided however that all proceedings relative to applications for permits or approvals shall be non-adjudicative proceedings under RSA 541-A:29, II(a) until such time as the department issues a final decision on the application.

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 205.02 Procedure

The procedures for an adjudicative hearing shall be as specified in RSA 541-A and the provisions of Env-C 200 that are applicable to adjudicative hearings.

Appendix

Rule Section(s)

State Statute(s) Implemented

Env-Dw 201

RSA 485:1-16

Env-Dw 202

RSA 485:1-16; RSA 541-A:22, IV

Env-Dw 203

RSA 485:1-16

Env-Dw 204

RSA 485:1-16

Env-Dw 205

RSA 485:1-16

History

(See Revision Note at chapter heading for Env-Dw 200) #10607, eff 6-1-14

Chapter Env-Dw 300 Sources of Water

Part Env-Dw 301 Definitions

N.H. Code Admin. R. Ann. Env-Dw 301.01 Acceptable water quality

Statutory Authority: RSA 485:8 and RSA 485:48

REVISION NOTE:

Document #11060, effective 4-1-16, adopted Part Env-Dw 301, titled “Definitions”, which consolidated definitions common to the former Part Env-Dw 301 titled “Small Production Wells for Community Water Systems,” Part Env-Dw 302 titled “Large Production Wells for Community Water Systems,” and Part Env-Dw 303 titled “Groundwater Sources for Bottled Water.”

Document #11062, effective 4-1-16, readopted with amendments and renumbered the former Part Env-Dw 301 as Part Env-Dw 305. See Revisions Notes #1 and #2 at the part heading for Part Env-Dw 305 for prior filings affecting the former Part Env-Dw 301.

Document #11061, effective 4-1-16, readopted with amendments Part Env-Dw 302, and Document #11059, effective 4-1-16, readopted with amendments Part Env-Dw 303. See the Revision Notes #1 and #2 at the part headings for Part Env-Dw 302 and Part Env-Dw 303 for prior filings affecting these rules. Although Part Env-Dw 302 had last been filed under Document #9008, effective 10-19-07, and Part Env-Dw 303 had last been filed under Document #8998, effective 9-29-07, these rules, including the definitions, did not expire on 10-19-15 and 9-29-15, respectively. They were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #11060, #11061, and Document #11059, as appropriate, effective 4-1-16.

“Acceptable water quality” means water that does not violate ambient groundwater quality standards established by RSA 485-C:6 or rules adopted pursuant thereto.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.02 Applicant

“Applicant” means the person who applies for approval of a small production well, a large production well, or a groundwater source of bottled water. The term includes the person to whom the approval is issued if the context so requires.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.03 Aquifer parameter values

“Aquifer parameter values” means values of parameters that describe the physical properties of the aquifer, such as transmissivity and hydraulic boundary conditions.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.04 Available drawdown

“Available drawdown” means the distance between the static water level in the well casing and the uppermost productive water bearing zone, the pump intake, or the top of the well screen, whichever distance is the shortest.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.05 Bedrock well

“Bedrock well” means a well that is exposed to and draws water from fractures in any type of consolidated material.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.06 Conceptual hydrogeologic model

“Conceptual hydrogeologic model” means a description of geology, aquifer hydraulics, and recharge patterns that incorporates published information, available field data, and conservative assumptions for the potential impact area.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.07 Confined aquifer

“Confined aquifer” means an aquifer in which groundwater is under pressures greater than the atmospheric pressure, which results in groundwater within a borehole rising to a level that is higher than the level at which water is first encountered, and that receives negligible recharge from overlying deposits during pumping.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.08 Conservative assumption

“Conservative assumption” means an assumption made during the analyses required to site a new well that results in a larger protected area or lower permitted production volume, or both.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.09 Constant pumping rate

“Constant pumping rate” means a pumping rate that does not vary by greater than 5% after the first 24 hours of pumping.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.10 Contamination

“Contamination” means the degradation of natural groundwater quality as a result of human activities.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.11 Contamination sources

“Contamination sources” means known contamination sources plus potential contamination sources.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.12 Contamination source inventory

“Contamination source inventory” means an inventory of all contamination sources completed as specified in the applicable part.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.13 Contributing area

“Contributing area” means “contributing area” as defined in RSA 485-C:2, IV, as reprinted in Appendix B.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.14 Final report

“Final report” means the report submitted to the department after the pumping test and water quality sampling program is conducted at the proposed well site.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.15 Groundwater

“Groundwater” means “groundwater” as defined in RSA 485-C:2, VIII, as reprinted in Appendix B.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.16 Hydrogeology

“Hydrogeology” means the study of the occurrence, movement, and chemical nature of surface water and groundwater in relation to its geologic environment.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.17 Known contamination source

“Known contamination source” means a location from which contaminants are known to emanate or to have emanated in the past that degrade groundwater quality.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.18 Large groundwater withdrawal

“Large groundwater withdrawal” means “large groundwater withdrawal” as defined in RSA 485-C:2, IX-a, as reprinted in Appendix B.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.19 New production well

“New production well” means a production well that:

(a) Has not received approval under:

(1) Env-Dw 301 as effective from 10-19-07 until the 2016 effective date of Env-Dw 305;

(2) Env-Dw 302, Env-Dw 402, Env-Dw 404, or Env-Dw 405; or

(3) Predecessor rules in Env-Ws 370, Env-Ws 372, or Env-Ws 374; or

(b) Has been inactive and not sampled in accordance with Env-Dw 708.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.20 Overburden well

“Overburden well” means a well that is exposed to and draws water from any type of unconsolidated material, including but not limited to sand and gravel deposits. The term includes, but is not limited to, dug wells, tubular wells, well points, and gravel wells.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.21 Permitted production volume

“Permitted production volume” means the maximum volume of groundwater approved by the department to be withdrawn or pumped in any 24-hour period from a production well.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.22 Potential contamination source

“Potential contamination source” means, as specified in RSA 485-C:7, I, human activities or operations that pose a reasonably-foreseeable risk of introducing regulated substances into the environment in such quantities as to degrade the natural groundwater quality. Examples of possible contamination sources are listed in RSA 485-C:7, II.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.23 Potential impact area

“Potential impact area” means the area identified through an impact assessment as described in RSA 485-C:21, V-e.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.24 Potentiometric surface

“Potentiometric surface” means the surface that represents the level to which water rises when exposed to atmospheric pressure.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.25 Preliminary report

“Preliminary report” means the report submitted to the department prior to conducting the pumping test and water quality sampling program at the proposed well site.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.26 Production well

“Production well” means a well that serves or is intended to serve as the source for a community water system or as a groundwater source of bottled water.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.27 Professional of record

“Professional of record” means the professional engineer or professional geologist licensed under RSA 310-A who is responsible for the documents.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.28 Pumping test production rate

“Pumping test production rate” means the constant pumping rate that is maintained throughout a pumping test or source evaluation, as applicable, on a production well, which is used to establish the permitted production volume.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.29 Replacement well

“Replacement well” means “replacement well” as defined in RSA 485-C:2, XIII-a, as reprinted in Appendix B.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.30 Sanitary protective area

“Sanitary protective area” means an area in the immediate vicinity of a source within which activities are controlled to minimize the risk of groundwater contamination.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.31 USGS map

“USGS map” means an original or clear color copy of a United States Geological Survey topographic quadrangle map at a lateral scale of 1:24,000 or 1:25,000, or a map that depicts equivalent features at an equivalent lateral scale.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.32 Well

“Well” means “well” as defined in RSA 485-C:, XVII, as reprinted in Appendix B.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.33 Wellhead protection area

“Wellhead protection area” means “wellhead protection area” as defined in RSA 485-C:2, XVIII, as reprinted in Appendix B.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 301.34 Wetlands

“Wetlands” means “wetlands” as defined in RSA 482-A:2, X, as reprinted in Appendix B. The term includes swamps, marshes, bogs, and similar areas.

History

(See Revision Note at part heading for Env-Dw 301) #11060, eff 4-1-16

Part Env-Dw 302 Large Production Wells and Wells for Large Community Water Systems

N.H. Code Admin. R. Ann. Env-Dw 302.01 Purpose

Statutory Authority: RSA 485:3; RSA 485:41

Revision Note #1:

Document #9008, effective 10-19-07, readopted with amendments and renumbered former Part Env-Ws 379, titled “Site Selection of Large Production Wells for Community Water Systems,” under a new subtitle as Part Env-Dw 302 titled “Large Production Wells for Community Water Systems.” The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #9008 replaced all prior filings for rules formerly in Part Env-Ws 379. The prior filings for rules in former Part Env-Ws 379 included the following documents:

#6521, eff 6-4-97

#6979, eff 4-21-99

#8871, INTERIM, eff 4-21-07, EXPIRES: 10-18-07

REVISION NOTE #2:

Document #11061, effective 4-1-16, readopted with amendments Part Env-Dw 302, titled “Large Production Wells for Community Water Systems”, last filed under Document #9008, effective 10-19-07, and now titled “Large Production Wells and Wells for Large Community Water Systems.” Document #11061 deleted many definitions in the former Part Env-Dw 302 which were adopted by Document #11060, effective 4-1-16, in Part Env-Dw 301. Document #11061 also extensively amended and renumbered other existing rules within the former Part Env-Dw 302. Document #11061 replaces all prior filings for rules in the former Part Env-Dw 302 as filed under Document #9008.

The former Part Env-Dw 302 had last been filed under Document #9008, effective 10-19-07. These rules did not expire on 10-19-15 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #11061 and Document #11160, as appropriate, effective 4-1-16.

The purpose of these rules is to implement those portions of RSA 485, the New Hampshire Safe Drinking Water Act, pertaining to the department’s obligation to approve public water systems, by establishing procedures and standards for the development of large production wells for community water systems (CWS) in order to ensure that such wells will be capable of producing an adequate supply of water that meets drinking water quality standards.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.02 Applicability

These rules shall apply to anyone intending to:

(a) Develop a new production well for a large CWS, regardless of whether the well is a small production well or a large production well;

(b) Develop a new large production well for any CWS;

(d) Replace an existing large production well with a new large production well;

(e) Deepen or otherwise improve an existing large production well to increase its capacity; or

(f) Reactivate an inactive large production well or a large production well that has been removed from monitoring responsibility in accordance with Env-Dw 708.11 or its predecessor rule, Env-Ws 321.17.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.03 Definitions

(a) “Back-up well” means a new production well that is installed to provide redundancy for an existing primary production well that operates and impacts water users and resources in a similar manner as the primary production well.

(b) “Background well” means a monitoring well outside the expected area of influence of the test well that serves to identify regional background conditions throughout the pumping test program.

(c) “Cone of depression” means a depression in the potentiometric surface of a body of groundwater that develops around a well from which water is being withdrawn and corresponds to the zone of influence of the withdrawal.

(d) “Flow net” means a map showing lines of equal hydraulic head with lines showing the direction of groundwater flow such that the amount of groundwater flow through all sections of the net is equal.

(e) “Large bedrock production well” means a large production well that is a bedrock well.

(f) “Large overburden production well” means a large production well that is an overburden well.

(g) “Large production well” means a production well having a permitted production volume of equal to or greater than 57,600 gallons in a 24-hour period.

(h) “Monitoring well” means a well that is used to observe or sample groundwater.

(i) “Porous media assumption” means groundwater flow that conforms to Darcy's Law, mainly flow through porous media that is laminar and of low velocity.

(j) “Test well” means a well that is used during a pumping test from which groundwater is withdrawn or pumped, which might or might not become the large production well.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.04 Pre-Approval Required

(a) A person shall obtain approval from the department in accordance with Env-Dw 302.05 through Env-Dw 302.31 prior to:

(1) Developing a new production well for a large CWS, regardless of whether the well is a small production well or a large production well;

(2) Requesting an increase in the permitted production volume of an existing well currently connected to a large CWS; or

(3) Requesting an increase in the permitted production volume of an existing small production well connected to any CWS if the increase would result in a permitted production volume of equal to or greater than 57,600 gallons in a 24-hour period.

(b) Any person proposing to construct a back-up production well for a large CWS and any person proposing to construct a back-up well for a small CWS where the well would qualify as a large production well shall submit a request to the department in accordance with Env-Dw 302.34.

(c) Any person proposing to replace a large production well shall submit a request to the department in accordance with Env-Dw 302.35.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.05 Process for Obtaining Approval

(a) Any person seeking approval pursuant to Env-Dw 302.04(a) shall first submit a preliminary report to the department that contains the following:

(1) The cover page specified in Env-Dw 302.06, which has been signed as specified in Env-Dw 302.07; and

(2) The information and maps identified in Env-Dw 302.08.

(b) The preliminary report submitted pursuant to (a), above, shall be:

(1) Dated, signed, and sealed by the professional of record;

(2) Submitted with a preliminary application prepared in accordance with Env-Wq 403 if the new well meets the definition of a large groundwater withdrawal; and

(3) Submitted to the department electronically in a portable document format.

(d) If the department approves the preliminary report and the applicant wishes to continue, the applicant shall proceed as specified in Env-Dw 302.18.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.06 Preliminary Report: Cover Page

The cover page required by Env-Dw 302.05(a)(1) shall contain the following:

(a) Information to identify the persons involved, as follows:

(1) The applicant’s name, mailing address, daytime telephone number including area code, and website URL, if any;

(2) The name, daytime telephone number including area code, and email address, if any, of an individual authorized by the applicant to represent the applicant for purposes of the department’s review of the preliminary report;

(3) The name, mailing address, email address, and daytime telephone number with area code of the water system owner and the owner of the property on which the well is or is proposed to be located, if other than the applicant; and

(4) The name, mailing address, daytime telephone number including area code, and email address of the person engaged by the applicant to perform the pumping test and water quality sampling program;

(b) A description of the purpose of each well for which approval is being sought and who is or will be served by the well; and

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.07 Signatures; Certifications

(a) The signatures required for the preliminary report, the final report, the compliance report, or any request related thereto shall be provided as follows:

(1) If the applicant or supplier of water, as applicable, is an individual, the applicant shall sign and date the report; and

(2) If the applicant or supplier of water, as applicable, is other than an individual, the applicant shall authorize an official of the applicant to sign the report, and the authorized individual shall sign and date the application and print or type his or her name and title;

(b) All signatures provided under this part, including those provided by the professional of record, shall constitute certification that:

(1) The information for which the signer is responsible that is contained in or otherwise submitted with the report is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

Not approving the report or request;
Revoking any approval or request that is granted based on the information;
Referring the matter to the joint board for potential action against the professional license held by the signer; and
If the signer is acting as or on behalf of a listed engineer as defined in Env-C 502.10, debarring the listed engineer from the roster; and

b. He or she is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements.

(c) Any signature provided by an applicant pursuant to (a), above, shall also constitute certification that the applicant agrees to comply with all applicable rules and conditions of the approval if one is issued.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.08 Required Information and Maps for Preliminary Reports

The applicant shall provide the following pursuant to Env-Dw 302.05(a)(2):

(a) A general description of the current use and 50 year history of the property where the well is or is proposed to be located;

(b) A description of all existing and proposed land use activities within the sanitary protective area;

(c) Documentation to demonstrate that the sanitary protective area is or will be under the direct legal control of the applicant and will be maintained as required by Env-Dw 302.10;

(d) The following maps and diagrams, to demonstrate that the location and sanitary protective area of each existing or proposed well meets the requirements of Env-Dw 302.09 and Env-Dw 302.10:

(1) A USGS map on which the following are clearly marked:

a. The location of each well for which approval is being sought;

b. The location of each known contamination source, each potential contamination source, and each water resource and use inventoried as required by (g), below;

c. The estimated wellhead protection area determined as specified in Env-Dw 302.11;

d. The limits of the delineated potential impact area; and

e. The title, scale, and date of the quadrangle;

(2) One or more copies of a municipal tax map or a survey map that identifies the following for each well for which approval is being sought:

a. The tax map and lot number of the property on which the well is or is proposed to be located;

b. The property lines and the owner of each lot into which the sanitary protective area extends, and all easements on or over such lots;

c. The location of the well and the sanitary protective area of the well;

d. All public and private water supply wells located within 1,000 feet of the well;

e. The 100-year flood elevation, the flood plain, and all surface waters and wetlands within 100 feet of the well;

f. All land uses, including any paths, trails, structures, storage, landscaping, or other alteration of the natural terrain; and

g. All stormwater discharge areas and drainage structures; and

(3) A copy of the Flood Insurance Rate Map on which the location of each well for which approval is being sought is clearly marked;

(e) A conceptual hydrogeologic model of the withdrawal and potential impact area that has been prepared in accordance with Env-Wq 403.07;

(f) A preliminary estimate of the wellhead protection area and a proposed method for refining the estimate in accordance with Env-Dw 302.11;

(g) A preliminary contamination source inventory and water resource and user inventory in accordance with Env-Dw 302.12;

(h) Identification and evaluation of any known contamination source in accordance with Env-Dw 302.13;

(i) A proposal for a pumping test in accordance with Env-Dw 302.14; and

(j) A proposal for a water quality sampling program in accordance with Env-Dw 302.15.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.09 Well Location Relative to Surface Water

(a) No well shall be located closer than 50 feet from the normal high water line of any surface water.

(b) No well shall be located closer than 50 feet from wetlands that are inundated with standing or flowing water for more than 30 continuous days.

(c) No well shall be subject to flooding at the 100-year recurrence interval. The applicant may fill to elevate the permanent well casing for flood protection purposes, provided that all required permits for placing fill in wetlands and flood plains have been obtained.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.10 Sanitary Protective Area

(a) The sanitary protective area shall be a circle, centered on the well, having a radius based on the permitted production volume of the well as set forth in Table 302-1:

Table 302-1 Sanitary Protective Area Radii

Permitted Production Volume

(gallons in a 24-hour period)

Radius (feet)

less than 14,400

150

14,401 to 28,800

175

28,801 to 57,599

200

57,600 to 86,400

250

86,401 to 115,200

300

115,201 to 144,000

350

greater than 144,000

400

(b) When more than one well is within a sanitary protective area, the individual sanitary protective area for each well shall be based on the combined permitted production volume of all of the wells, unless the applicant proves by clear and convincing evidence that the wells are not hydraulically connected.

(c) The department shall not approve a source unless the applicant owns the land within the sanitary protective area, provided that if the applicant does not own and cannot purchase the land, the applicant shall control the land by perpetual easement, covenant, or similarly legally-binding means.

(d) If the well is approved, the sanitary protective area shall be maintained in a natural state at all times except as necessary for:

(1) Limited land clearing and terrain alteration required for well access and construction of a pump house or other structure(s) related to the well or water system; and

(2) Activities necessary for the use and maintenance of the production wells that do not pose a contamination risk to groundwater.

(e) No person shall discharge to the sanitary protective area any drainage from:

(1) Any area where fertilizer or pesticides, or both, have been applied;

(2) Any roadway, parking lot, or other area on which motor vehicles of any type travel or are parked; or

(3) Any detention or retention pond, infiltration ditch, drainage swale, or similar structure.

(f) No underground utilities shall be installed in the sanitary protective area except for drinking water supply and electrical or communications conduits.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.11 Preliminary Estimate of Wellhead Protection Area; Proposed Refinement Method

(a) Subject to (b), below, the preliminary estimate of the wellhead protection area shall be derived using the applicable standard method specified in (c) through (g), below.

(b) If sufficient data is not available for a standard method, the preliminary estimate shall be a circle centered on the well having a radius of 4,000 feet.

(c) The standard method for estimating a wellhead protection area for a large overburden production well shall be the flow net technique as specified in (d), below, if sufficient information exists to construct a flow net.

(d) The flow net technique shall comprise:

(1) Constructing an ambient regional potentiometric surface map;

(2) Calculating a cone of depression for groundwater being withdrawn at the pumping test production rate for a period of 180 days with no net recharge;

(3) Constructing an ambient regional potentiometric surface map with the calculated cone of depression superimposed upon it;

(4) Constructing a flow net for the map with the superimposed cone of depression, in which contours are reported in feet or meters referenced to the national geodetic vertical datum;

(5) Delineating the wellhead protection area as that area from which groundwater flow lines are captured by the proposed well by extending the area of captured groundwater flow lines up gradient to a groundwater divide;

(6) Identifying the recharge mechanisms in the wellhead protection area that will support the proposed permitted production volume; and

(7) Refining the wellhead protection area with respect to no-flow boundaries, surface waters, existing pumping wells, well interference, and any other hydraulic influences.

(e) The hydrogeologic mapping technique shall be used for overburden production wells when:

(1) Sufficient regional potentiometric information is not reasonably available to construct a flow net for delineating the wellhead protection area; or

(2) An aquifer is sufficiently confined such that the method described in (d), above, would not be technically correct.

(f) The hydrogeologic mapping technique for an overburden production well shall be used to estimate the area from which groundwater flow lines originate and are captured by the well based on the following hydrogeologic information:

(1) Surface watershed boundaries within which the production well is contained;

(2) Surface water elevations where applicable;

(3) Pumping test data;

(4) Geologic maps;

(5) Soil maps;

(6) Exploratory soil boring and monitoring well logs;

(7) Topographic maps; and

(8) All other available information that is pertinent to delineating the wellhead protection area.

(g) The standard method for developing a preliminary estimate of the wellhead protection area for a large bedrock production well shall estimate the area from which groundwater flow lines originate and are captured by the well based on the following hydrogeologic information:

(1) Hydrogeologic mapping information including lineament and bedrock mapping or other remote sensing analyses;

(2) Observations gathered from bedrock drilling logs;

(3) Geophysical data, if available;

(4) Recharge mechanisms and an assessment of areas of induced recharge;

(5) Hydraulic influences including:

a. No flow boundaries;

b. Surface waters;

c. Existing pumping wells; and

d. Well interference; and

(6) All other available supporting information that is pertinent to delineating a wellhead protection area in a bedrock aquifer.

(h) The proposed method for refining the wellhead protection area shall include:

(1) A detailed description of the proposed method for refinement; and

(2) A description of how the refinement will be documented in the final report.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.12 Preliminary Contamination Source and Water Resource and Use Inventories

(a) The preliminary contamination source inventory and the water resource and use inventory required by Env-Dw 302.08(g) shall be:

(1) Completed before the pumping test and water quality sampling program proposals required by Env-Dw 302.08(i) and (j) are developed; and

(2) Compiled from a search of the following information sources:

a. Records at the department;

b. Records at the municipality; and

c. A windshield survey of all properties within the estimated wellhead protection area.

(b) The contamination source inventory shall:

(1) Identify and describe all known contamination sources and all potential contamination sources in the estimated wellhead protection area; and

(2) Include the following information for each known contamination source and each potential contamination source:

a. The site name and address;

b. The name, mailing address, and daytime telephone number of each property owner or operator;

c. For each known contamination source, a description of the nature and extent of the investigation and the status of any remedial action that has been or is being performed; and

d. For each potential contamination source, the type of potential contamination source(s) at the facility.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.13 Known Contamination Source Evaluation

(a) The applicant shall review the applicable department site file(s) on each known contamination source identified in accordance with Env-Dw 302.12 and evaluate its potential to degrade water quality at the well.

(b) The applicant shall present in the preliminary report a description of how the pumping test and the water quality sampling program will account for the known contamination sources.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.14 Proposal for Pumping Test

(a) The pumping test proposed pursuant to Env-Dw 302.08(i) shall be designed and conducted to gather site-specific information necessary to:

(1) Demonstrate that the permitted production volume is sustainable;

(2) Demonstrate the water quality of each proposed new well;

(3) Assess impacts from the proposed well on surrounding water resources and water uses;

(4) Address critical data gaps identified in the conceptual hydrogeologic model;

(5) Refine the conceptual hydrogeologic model and the estimated wellhead protection area and justify the selected refinement methodology;

(6) Develop a contamination control program for each known contamination source;

(7) Develop a wellhead protection program for all contamination sources identified in accordance with Env-Dw 302.13; and

(8) Demonstrate the system source capacity required by Env-Dw 402, Env-Dw 404 or Env-Dw 405, as applicable.

(b) A standard pumping test shall:

(1) Have an antecedent period, a pumping period, and a recovery period as described in (d), below;

(2) Pump and discharge water as described in (e), below;

(3) Measure groundwater as described in (f), below;

(4) Measure surface water as described in (g), below;

(5) Monitor wells as described in (h), below; and

(6) Track ambient conditions as described in (i), below.

(1) The proposed pumping test production rate;

(2) A site sketch showing locations of:

a. Each test well;

b. Each monitoring well;

c. Each surface water staff gauge or other water level measuring device;

d. All other monitoring and recording locations; and

e. Each discharge location;

(3) A description of and justification for monitoring well layout, construction, and screening;

(4) A description of borehole drilling and sampling techniques;

(5) A table showing the schedule for the collection of water level measurements;

(6) A table of the horizontal distance between observation points and each test well;

(7) A description of the construction of any surface water level staff gauges;

(8) Supporting information demonstrating the discharge location complies with (e)(1), below;

(9) A description of the method and equipment that will be used to ensure a constant pumping rate is maintained;

(10) A schedule for measurement of discharge;

(11) A copy of the notification letter that extends an offer to monitor water levels in wells identified in accordance with (h), below;

(12) A description of how any other of the system's wells will be operated during the pumping test program;

(13) The anticipated pumping test duration; and

(14) The construction details for each test well.

(d) The 3 required pumping test periods shall be as follows:

(1) The antecedent period shall be the 7-day period immediately preceding the start of pumping, during which non-pumping hydrologic conditions are monitored;

(2) The pumping period shall be as follows:

a. For large overburden production wells, 5 days or until the average change in water level in the pumping well, or in an observation well within 5 feet of the pumping well, is 0.5 feet or less over a period of at least 24 hours, except that the pumping period shall be no less than 3 days in duration;

b. For large bedrock production wells, 7 days or until the average change in water level in the pumping well is 0.5 feet or less over a period of at least 24 hours except that the pumping period shall be no less than 5 days in duration; or

c. For a new source for a large CWS that does not qualify as a large production well, not less than 72 hours; and

(3) The recovery period, during which the aquifer system recovers from the stress of pumping, shall begin immediately upon cessation of pumping and continue for:

a. A duration at least equivalent to the pumping period; or

b. The water level in the test well or the nearest well within 5 feet of the pumping well has recovered to 90% of the pre-pumping level, provided the recovery period monitoring is not less than 24 hours.

(e) The pumping of and discharge from each test well and the system’s other production wells, if any, shall be as follows:

(1) The pumped water shall be discharged outside the estimated contributing area of the test wells so there is no effect on the pumping test results;

(2) The pumping rate in each test well shall be recorded at least as often as water level measurements, after the first 10 minutes of pumping;

(3) The discharge rate from the test well shall be measured using at least one of the following methods:

a. With a circular orifice weir, provided that:

A physical description of the weir is provided in the preliminary report; and
A table of gauge or manometer readings with calculated discharge rates is provided in the final report;

b. With a cumulative flow meter or other equivalent device provided that;

Each discharge measurement includes at least 2 meter readings that are collected over a period that is not greater than one minute; and
The meter has been calibrated in accordance with manufacturer specifications within one year prior to the pumping test; or

c. With a device that can be demonstrated to record measurements that are accurate to within 5% of the discharge rate;

(4) The discharge from other system wells shall be measured using cumulative flow meters or equivalent devices;

(5) Each test well shall be pumped at a single, constant rate that, when multiplied by 24 hours, produces the proposed permitted production volume; and

(6) The system’s other wells shall be operated continually at their permitted production volumes or established capacities, unless data is provided to demonstrate that the wells will not affect aquifer response to pumping the proposed production well.

(f) Groundwater level measurements shall be made:

(1) To the nearest 0.01 foot;

(2) At the following locations:

a. Each test well;

b. Each of the water system’s other production wells, if within the estimated area influence of the test well(s);

c. One background monitoring well located outside the expected influence of the test well(s);

d. For large overburden production wells, at least 4 monitoring wells within the expected area of influence of the test well(s);

e. For large bedrock production wells, at such locations as to gather sufficient site specific information such as that obtainable from monitoring wells or geophysical techniques;

f. Other water supply wells in accordance with (4), below; and

g. Such additional locations as are necessary to meet the objectives of the pumping test;

(3) During the antecedent period, twice daily in the background well, each test well and one selected monitoring well, when such wells are used in a pumping test;

(4) During the pumping period, beginning at one minute after the start of pumping until shut down, so that at least 10 data points per log cycle of time in minutes are recorded for each test well and each selected monitoring well; and

(5) During the recovery period, beginning at one minute after shut down of the pump until the end of the recovery period, so that at least 10 data points per log cycle of time, in minutes, are recorded for each test well and each selected monitoring well.

(g) Surface water levels in waters within 1,000 feet of the test wells shall be measured to the nearest 0.01 foot not less than once every 6 hours during the antecedent, pumping, and recovery periods, provided that the applicant shall propose a more frequent monitoring schedule if the surface water elevation is affected by a dam or other control structure.

(h) Water levels in private and public wells shall be monitored as follows:

(1) At least 14 days prior to the start of the pumping test program, the applicant shall send a written request for permission to monitor a well via certified mail, return receipt requested, or by another method that provides documentation that the notice has been delivered, to:

a. The owner of each private well and each public well located within 1,000 feet of the proposed new source; and

b. The owners of representative wells within 1,000 feet of the estimated cone of depression, determined based on the conceptual hydrogeologic model developed as required by Env-Dw 302.08(e);

(2) The applicant shall propose a schedule on which the water levels in the wells will be monitored and the method by which the water levels will be measured and recorded; and

(3) The applicant shall monitor the water levels in accordance with the approved preliminary report.

(i) Ambient conditions shall be monitored as follows:

(1) Rainfall shall be measured to the nearest 0.1 inch throughout the pumping test program at the proposed well site;

(2) If the aquifer is subject to confining conditions, barometric pressure shall be measured throughout the pumping test program at the proposed well site on a schedule consistent with water level monitoring performed on the production well; and

(3) Site activities and weather conditions shall be observed and logged daily throughout the pumping test program at the well site.

(j) For a large production well, the applicant may propose an alternative pumping test method provided the alternative:

(1) Meets the objectives stated in (a), above;

(2) Will provide the data necessary to refine the preliminary estimate of the wellhead protection area;

(3) Will produce results that are superior or equivalent to the results obtained using the method described in (d) through (i), above; and

(4) Will be justified in the final report based on observations collected during the pumping test.

(k) The proposal for an alternative pumping test shall include the information specified in (c), above, together with information demonstrating that the alternative meets the requirements specified in (j), above.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.15 Proposal for Water Quality Sampling

(a) The water quality sampling program required by Env-Dw 302.08(j) shall be designed and conducted to gather the information necessary to establish the water quality of each proposed new well and develop, if necessary, a contamination control program for the desired permitted production volume.

(b) The water quality sampling program shall include the collection of one water quality sample from each test well at each of the following times during the pumping period:

(1) Between the first and the fifth hour of the pumping period;

(2) Midway through the pumping period; and

(3) Within the last 3 hours of the pumping period.

(1) Volatile organic compounds;

(2) Iron;

(3) Manganese;

(4) pH;

(5) Specific conductance;

(6) Hardness;

(7) Chloride;

(8) Sodium; and

(9) Nitrate.

(d) The third sample shall be analyzed for:

(1) Those parameters required to be monitored in groundwater systems per Env-Dw 707 through Env-Dw 713;

(2) 1,4-Dioxane; and

(3) Radon.

(e) Samples shall be collected for microscopic particulate analysis within the last 24 hours of the pumping test if the location of the proposed new production well meets either of the following criteria:

(1) For overburden wells, if the well is within 100 feet of the normal high water line of any surface water; or

(2) For bedrock wells, if the well is within 200 feet of the normal high water line of any surface water.

(f) Samples collected in accordance with (e), above, shall:

(1) Be analyzed in accordance with the Consensus Method for Determining Groundwaters Under the Direct Influence of Surface Water Using Microscopic Particulate analysis (MPA), EPA 910/9-92-029F, USEPA 1992 or an equivalent method;

(2) Be collected only after monitoring of screening parameters indicates stabilization in accordance with the following:

a. For a period of no less than 10 hours, hourly screening of discharge water for pH, specific conductance and temperature does not vary by:

More than 0.2 standard units for pH;
More than 3 percent for specific conductance; and
More than 2 degrees Celsius for temperature; and

b. Screening of the discharge water for pH, specific conductance and temperature shall continue throughout the duration of sample collection once stabilization in accordance with a., above, has been met; and

(3) Include screening of pH, specific conductance and temperature in the surface water closest to the proposed new production well at the same monitoring frequency as the discharge water.

(g) Proposed new production wells shall be exempt from sampling for microscopic particulates if the applicant demonstrates through site-specific observations and monitoring that:

(1) A continuous confining unit is present between the proposed new production well and the surface water; and

(2) Through water level monitoring performed during the pumping test in accordance with Env-Dw 302.14, a direct hydraulic connection does not appear to exist between the proposed new production well and the surface water.

(h) All analyses shall be performed by a laboratory that is accredited for all applicable drinking water categories and methods in accordance with Env-C 300.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.16 Criteria and Procedures for Approval of the Preliminary Report

(a) The department shall approve or deny the preliminary report in writing within 45 days of:

(1) Closure of the written public comment period required pursuant to RSA 485-C:21, if applicable; or

(2) Receipt of all information required by Env-Dw 302.05(a), if RSA 485-C:21 does not apply.

(b) The department shall approve the preliminary report upon determining that:

(1) The report contains all information required by Env-Dw 302.05(a);

(2) The information contained in the report is complete and correct; and

(3) Public notification requirements required by RSA 485-C:21 have been completed.

(c) If the report fails to meet any of the criteria listed in (b), above, the notice sent pursuant to (a), above, shall specify the area(s) in which the report is deficient.

(d) The department shall advise the applicant not to proceed further in the well siting process if information concerning known contamination sources evaluated in accordance with Env-Dw 302.13 indicates that an adequate contamination control program can not be implemented to prevent degradation of water quality at the proposed well.

(e) The department shall advise the applicant when, based on the information provided in the preliminary report, a waiver will be required for a specific requirement of these rules.

(f) The department shall require additional sampling to be conducted at the production well or other monitoring points if review of the preliminary report indicates the possible presence of contamination sources.

(g) The department shall include such conditions in the preliminary report approval as are necessary to ensure compliance with this part and protection of public health and the environment.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.17 Duration of Preliminary Report Approval; Effect of Expiration

(a) The preliminary report approval shall expire 4 years from the date of approval if a final report has not been received by the department prior to that date.

(b) Any person wishing to develop a well after a preliminary report approval has expired shall submit a new preliminary report in compliance with this part.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.18 Completion of Approval Process

Upon receipt of department approval of the preliminary report, the applicant shall:

(a) Perform the pumping test and water quality sampling program in accordance with Env-Dw 302.19 and any conditions specified in the approval;

(b) Demonstrate that under existing land use and aquifer conditions, acceptable water quality can be produced by the well, provided that for parameters that exceed primary or secondary maximum contaminant levels specified in Env-Dw 702 through Env-Dw 706, treatment or other management techniques may be used when approved by the department in accordance with Env-Dw 404;

(d) Refine the conceptual hydrogeologic model in accordance with Env-Dw 302.21;

(e) Refine the wellhead protection area delineation in accordance with Env-Dw 302.22;

(f) Update and revise the contamination source inventory and the water resources and uses inventory in accordance with Env-Dw 302.23;

(g) Establish a contamination control program in accordance with Env-Dw 302.24 for any known source of contamination evaluated in accordance with Env-Dw 302.13;

(h) Establish a wellhead protection program in accordance with Env-Dw 302.25;

(i) Provide information demonstrating the well complies with Env-Dw 302.26;

(j) Submit a final report to the department in accordance with Env-Dw 302.27; and

(k) Submit and obtain approval for a water conservation plan prepared in accordance with Env-Wq2101.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.19 Performing the Pumping Test and Water Quality Sampling

(a) Subject to (e), below, the applicant shall perform the pumping test in accordance with the pumping test proposal as approved in the preliminary report.

(b) The applicant shall notify the department of the anticipated start date at least one week prior to the start of the pumping test.

(c) Prior to conducting the pumping test, the applicant shall provide a copy of the temporary groundwater or surface water discharge permit obtained for the pumping test pursuant to Env-Wq 402.

(d) The pumping test shall be supervised by a person who is qualified based on education and experience in hydrogeology to quantitatively analyze and interpret the results of the test.

(e) The applicant shall postpone or prolong the pumping test if high recharge conditions are likely to result in test data that cannot be used for the purposes specified in Env-Dw 302.14(a). This determination shall be made jointly by the applicant and the department based on site-specific conditions at the time of testing. If high recharge conditions are present but postponing or prolonging the test is not reasonably feasible, the applicant shall include a justification for not postponing or prolonging the test in the final report and adjust the collected data using conservative assumptions to reflect average conditions.

(f) The applicant shall undertake water quality sampling in accordance with the approved proposal.

(g) If the applicant wishes to change any aspect of the pumping test or water quality sampling program, the applicant shall submit a written request to the department that identifies the requested change(s) and explains why the change(s) should be approved.

(h) The department shall approve a requested change if the modification does not affect the integrity of the data collected and the resulting modified testing protocol will produce the necessary information.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.20 Permitted Production Volume

(a) The permitted production volume shall be the volume produced during the pumping test by pumping at the constant pumping rate for the final 24 continuous hours of the pumping test.

(b) The actual rate at which water is withdrawn from an approved well may vary, but shall not exceed the permitted production volume.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.21 Conceptual Hydrogeologic Model Refinement

(a) The conceptual hydrogeologic model submitted with the preliminary report shall be refined as specified in Env-Wq 403.15 using the results of the pumping test completed in accordance with Env-Dw 302.19.

(b) Conceptual hydrogeologic model refinement shall include a refinement of the potential impact area estimate for the proposed withdrawal.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.22 Wellhead Protection Area Refinement

(a) The applicant shall refine the estimated wellhead protection area presented in the preliminary report using one of the methods described in Env-Dw 302.11 or an alternate method described pursuant to (d), below, as explained in the preliminary report.

(b) If the applicant wishes to change the refinement method described in the preliminary report, the applicant shall submit a written request to the department that includes a detailed description of the requested change and the reason(s) why the change is being requested.

(c) The department shall approve a request to alter the refinement method if the method as proposed to be changed results in a wellhead protection area that is technically equal to, or more conservative than, the wellhead protection area that the original method would have produced.

(d) An alternative wellhead protection area refinement method shall be an analytical or numerical model that incorporates aquifer parameter values derived from the pumping test, provided that model’s assumptions are not violated and conservative estimates of aquifer parameter values are used. The use of models that rely on porous media assumptions shall be allowed only for use with a bedrock production well if those assumptions are demonstrated to be valid for the well site.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.23 Contamination Source and Water Resource and Use Inventories Update and Revision

The applicant shall update and revise the preliminary contamination source inventory and water resources and uses inventory for the refined wellhead protection area as follows:

(a) If fewer than 90 days have elapsed since the preliminary inventories were completed, the applicant shall determine whether any new contamination sources or water resources and uses, or both, have been located in the area within the preliminary estimate of the wellhead protection area and, if so, add them to the preliminary inventories for the final report; and

(b) If 90 days or more have elapsed since the inventories were completed and for any area that is in the revised wellhead protection area that was not in the preliminary estimate, the applicant shall perform all of the procedures required for the preliminary inventories as specified in Env-Dw 302.12.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.24 Contamination Control Program

(a) The applicant shall establish a contamination control program that minimizes the risk of contamination at the well from known contamination sources.

(b) The program shall establish requirements, including a schedule, for monitoring and any necessary remediation of residual contamination from known contamination sources in the wellhead protection area.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.25 Wellhead Protection Program

(a) The applicant shall establish a wellhead protection program that includes:

(1) Updating the contaminant source inventories as specified in Env-Dw 302.23 at intervals no greater than 3 years; and

(2) Sending written notification as provided in (b), below, to the owner of each known contamination source and each potential contamination source listed in the inventory within 90 days of connection of the new source to an existing system or startup of the new system and at intervals no greater than 3 years thereafter.

(b) The notification required by (a)(2), above, shall include:

(1) The name and address of the supplier of water;

(2) A statement that the property is in a wellhead protection area of a community water system;

(3) Identification of the present use of the property and a statement that such use is considered to have potential for groundwater contamination and might be subject to Env-Wq 401 relative to best management practices for groundwater protection;

(4) A copy of groundwater protection education material that the department has developed;

(5) Notification that any non-permitted discharges to groundwater are prohibited by RSA 485-A:13 and that contamination of groundwater is illegal under RSA 485-A, RSA 485-C, and other statutes; and

(6) The name and telephone number of the supplier of water and of an employee of the department to whom questions can be referred.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.26 Well Installation

(a) The applicant shall engage a New Hampshire licensed water well contractor to install the well in compliance with the rules adopted by the New Hampshire water well board pursuant to RSA 482-B, We 100 et seq.

(b) In addition to any construction standards included in (a), above, the following shall apply:

(1) To prevent surface water from channeling along the well casing, the void area outside the well casing shall be filled with cement grout, bentonite grout, or a cement-bentonite grout mixture to within at least 6 feet of the ground surface from:

a. For bedrock production wells, the bottom of the pilot hole; and

b. For overburden production wells, an appropriate depth determined by the NH-licensed water well contractor based on well design and the type of unconsolidated material encountered when installing the well; and

(2) The well casing shall:

a. Extend at least 18 inches above the ground surface for production wells that are not installed within the 100-year flood zone; or

b. Extend at least 3 feet above the base flood elevation or highest known flood elevation, whichever is higher, for production wells that are installed within the 100-year flood zone.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.27 Final Report Required

(a) The applicant shall submit a final report as specified in (c), below, to the department while the approval of the preliminary report is in effect.

(b) The final report submitted pursuant to (a), above, shall be:

(1) Dated, signed, and sealed by the professional of record;

(2) Submitted at the same time as the final report developed in accordance with Env-Wq 403 if the new production well meets the definition of a large groundwater withdrawal; and

(3) Submitted electronically in a portable document format.

(1) A cover page as specified in Env-Dw 302.28, which has been signed as specified in Env-Dw 302.07; and

(2) The information identified in Env-Dw 302.29.

(d) The department shall review the final report as specified in Env-Dw 302.30.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.28 Final Report: Cover Page

The cover page required by Env-Dw 302.27(c)(1) shall contain the following:

(a) Information to identify the persons involved, as follows:

(1) The applicant’s name, mailing address, daytime telephone number including area code, and website URL, if any;

(3) The name, mailing address, email address, and daytime telephone number with area code of the water system owner and the owner of the property on which the well is located, if other than the applicant; and

(4) The name, mailing address, daytime telephone number including area code, and email address of the person responsible for performing the pumping test and water quality sampling program; and

(b) If any of the information provided pursuant to Env-Dw 302.06(b)-(c) has changed, updated information.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.29 Final Report: Contents

The applicant shall provide the following pursuant to Env-Dw 302.27(c)(2):

(a) If the applicant did not have legal control of the sanitary protective area at the time the preliminary report was submitted, documentation of legal control of the sanitary protective area;

(b) Documentation to support:

(1) The refined conceptual hydrogeologic model required by Env-Dw 302.21;

(2) The refined wellhead protection area required by Env-Dw 302.22, including documentation of the refinement method used; and

(3) The updated contamination source inventory and water resource and use inventory required by Env-Dw 302.23;

(d) A description of the wellhead protection program, including:

(1) The name, title, mailing address, daytime telephone number including area code, and email address, if any, of the individual responsible for implementing the wellhead protection program;

(2) A list of the name and address of each intended recipient of the mailing required by Env-Dw 302.25;

(3) A statement as to the intent of the CWS to initiate a best management practices inspection and survey program for potential contaminant sources that are within the wellhead protection area identified in accordance with Env-Dw 302.22 and that are subject to Env-Wq 401, or, as an alternative, identification of the anticipated date when the wellhead protection area is to be reclassified to GAA per RSA 485-C:9, II; and

(4) Identification of the process and schedule for adoption of any local policies, procedures, or regulatory requirements necessary for implementing best management practices for prevention of groundwater contamination in the wellhead protection area;

(e) A description of the pumping test including:

(1) All of the data collected;

(2) A description of how each pumping test requirement in the approved preliminary report was met;

(3) If an alternate pumping test method was approved in the preliminary report, all data and analyses as proposed in the preliminary report and the justification for the alternative method required by Env-Dw 302.14(j)(4); and

(4) The following information as part of the pumping test data analyses and presentation:

a. A table of the time elapsed from the initiation of the pumping test that includes:

The pumping rate;
The recorded water level at each monitoring location;
Groundwater levels corrected for other hydraulic influences; and
Rainfall data;

b. A daily log of site activity and weather conditions;

c. Plots of recorded and corrected water level data versus time, as log-log and semi-logarithmic graphs, with time plotted on the logarithmic axis, in each of the following formats:

Drawdown versus time, with time expressed in minutes of elapsed time and plotted on the logarithmic axis;
Extrapolation of drawdown in each test well indicated by a straight line drawn through the water level data on a semi logarithmic plot with a slope based on data points from the end of the pumping test and extended to 180 days, or 259,200 minutes; and
Recovery versus time, with time expressed in minutes of elapsed time and plotted on the logarithmic axis;

d. Semi-logarithmic plots of drawdown at the end of the pumping period versus distance from the test wells plotted with distance on the logarithmic axis, specifying well names with all data points; and

e. For overburden wells:

Estimates of transmissivity and storage coefficient based on time-drawdown and distance-drawdown plots; and
An explanation of the estimating method that is based on a comparison of the assumptions underlying the method and aquifer characteristics observed during the pumping test;

(f) A description of the water quality sampling program, with specific note of any deviations from the program as approved in the preliminary report, and copies of all laboratory results;

(g) A proposed permitted production volume and a description of the means by which it was established in accordance with Env-Dw 302.20;

(h) An estimate of the effect pumping the permitted production volume from each well will have on:

(1) Water levels in private and public wells within 1,000 feet of each test well;

(2) Water levels in nearby surface waters and wetlands;

(3) Existing groundwater contamination plumes; and

(4) Saltwater intrusion into the freshwater aquifer;

(i) A vulnerability assessment of potential impacts to the well from natural hazards, if necessary based on the well’s location relative to surrounding topographic and hydrologic features that pose a reasonable threat to the facility’s structural integrity or functionality, or both; and

(j) A copy of the well completion report prepared in accordance with We 800 or successor rules.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.30 Criteria and Procedures for Approval of New Production Wells

(a) The department shall approve or not approve the well documented in the final report in writing:

(1) Within 45 days of closure of the written public comment period required pursuant to RSA 485-C:21, if applicable; or

(2) If RSA 485-C:21 does not apply, within 45 days of receipt of all information required by Env-Dw 302.27(a).

(b) Subject to (c) and (d), below, upon determining that the final report contains all required information and is correct and complete, the department shall approve the well(s) and notify the applicant in writing in accordance with (a), above.

(c) If the final report fails to meet all criteria in (b), above, the notice sent pursuant to (a), above, shall identify each deficiency.

(d) The department shall not approve any proposed new production well if any of the following are true:

(1) One or more contamination sources is present in the wellhead protection area and the contamination control program prepared in accordance with Env-Dw 302.24 does not ensure that contamination will not degrade water quality at the well;

(2) The well was not constructed in accordance with Env-Dw 302.26 and any other applicable requirements;

(3) The applicant does not have legal control of the well site and sanitary protective area;

(4) The extrapolated 180-day drawdown exceeds 90% of the available drawdown in the proposed production well at the production volume sought for approval;

(5) If applicable, public notification requirements required by RSA 485-C:21 have not been completed;

(6) If applicable, the applicant failed to obtain a large groundwater withdrawal permit in accordance with Env-Wq 403;

(7) The applicant failed to submit and obtain approval for a water conservation plan in accordance with Env-Wq 2101;

(8) The applicant has not submitted an acceptable wellhead protection program; or

(9) The applicant has failed to perform any activity or to meet any of the requirements contained in these rules.

(e) The department shall include such conditions in the approval for a new production well as are necessary to ensure compliance with this part and protection of public health and the environment.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.31 Duration of Final Approval; Effect of Expiration

(a) Approval of a well issued pursuant to Env-Dw 302.30 shall lapse 6 years after issuance if the well is not connected to a water system within that time.

(b) After approval has lapsed pursuant to (a), above, if the applicant wishes to reinstate the approval the applicant shall submit a written request to the department that includes:

(1) Information demonstrating the previously-approved well still meets the well siting requirements of Env-Dw 302.09 and Env-Dw 302.10;

(2) An update of the contamination source inventory and the water resource and use inventory in accordance with Env-Dw 302.23;

(3) An update of the wellhead protection program in accordance Env-Dw 302.25 using information obtained pursuant to (2), above; and

(4) A plan that includes:

a. Completion of a short term pumping test at least 48 hours in duration at the previously-approved permitted production volume; and

b. Collection of a water quality sample from the production well at the end of the pumping test for parameters identified in Env-Dw 302.15.

(c) The department shall authorize the applicant to conduct the pumping test and water quality sampling presented in the plan under (b)(4), above, if the materials provided pursuant to (b)(1)-(3) demonstrate that ambient conditions have not materially changed since the well was approved or, if ambient conditions have materially changed, the change(s) can be addressed so that the well will provide acceptable water quality.

(d) The department shall reinstate the lapsed approval for a period of 6 years within 30 days of receiving information that demonstrates:

(1) The short-term pumping test has been completed; and

(2) The water quality sample collected from the well indicates acceptable water quality.

(e) Any approval reinstated pursuant to (d), above, shall lapse as provided in (a), above.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.32 On-going Compliance with Wellhead Protection Program

(a) The supplier of water shall demonstrate ongoing compliance with the wellhead protection program by providing a compliance report to the department as specified in (b), below, once every 3 years concurrent with the education mailing program.

(b) The compliance report required by (a), above, shall comprise the following information on or with an Educational Mailing Completion form obtained from the department:

(1) The name of the supplier of water and the name and title of the individual authorized by the supplier to sign the compliance report;

(2) The CWS name, PWS identifier, and source identifier;

(3) The town in which the CWS is located;

(4) The date the educational mailing was completed; and

(5) The following details of the best management practices (BMP) inspection and survey program, using the BMP questionnaire for large CWS obtained from the department:

a. The CWS name and PWS identifier;

b. Whether there are potential contamination sources (PCSs) within the wellhead protection area that are subject to Env-Wq 401; and

c. If there are PCSs within the wellhead protection area that are subject to Env-Wq 401:

Whether the CWS is current with its BMP survey obligations;
The name and date of visitation for each facility from the most recent round of surveys; and
Whether the individual conducting the BMP surveys has been trained by department staff and if so, the date of the training.

(c) The individual authorized by the supplier of water shall sign the compliance report in accordance with Env-Dw 302.07.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.33 Modifying the Wellhead Protection Area

(a) A supplier of water that wishes to modify the wellhead protection area of one or more wells shall submit a written request to the department.

(b) A request filed pursuant to (a), above, shall include new or updated information that is directly relevant to the determination of a wellhead protection area as specified in Env-Dw 302.11 and Env-Dw 302.22.

(c) The department shall approve a request to modify the wellhead protection area if the new or updated information provided with the request demonstrates that modifying the wellhead protection area will not materially increase the risk of contamination of the water drawn from the well.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.34 Constructing a Back-up Large Production Well

(a) Any supplier of water proposing to construct a back-up large production well shall meet the requirements of Env-Wq 403.34.

(b) In addition to the requirements of (a), above, the CWS owner siting the back-up well shall:

(1) Locate the back-up well in accordance with Env-Dw 302.09;

(2) Establish a sanitary protective area for the back-up well in accordance with Env-Dw 302.10;

(3) Develop a wellhead protection area for the back-up well in accordance with Env-Dw 302.11 and Env-Dw 302.22 unless, through prior pumping test data, the water system shows that the zone of contribution of the back-up well is within the wellhead protection area developed for an existing well;

(4) Perform a pumping test of the back-up well in accordance with Env-Dw 302.14 to establish the permitted production volume for the well;

(5) Collect a water quality sample, in accordance with Env-Dw 302.15(d) and (e) within the last 3 hours of the pumping test conducted pursuant to (4), above; and

(6) Submit and obtain approval of a water conservation plan in accordance with Env-Wq 2101.

(c) If the CWS has a wellhead protection program, the CWS owner shall include the wellhead protection area developed for the back-up well in its wellhead protection program.

(d) If the CWS does not have a wellhead protection program, the CWS owner shall develop and implement a wellhead protection program in accordance with Env-Dw 302.25 for the back-up well and the existing well(s) for which the back-up well is being provided.

(e) Prior to approval of the back-up well, the CWS owner shall submit a report that describes and provides supporting documentation for the following:

(1) Information pursuant to the requirements in (a) and (b), above;

(2) The pumping test performed and the proposed permitted production volume for the back-up well;

(3) Results of water quality sampling demonstrating that the back-up well will meet all water quality standards required by Env-Dw 707 through 713;

(4) A site map depicting the following:

a. The back-up well location;

b. The sanitary protective area;

c. The wellhead protection area; and

d. The location of the back-up well in relation to surface water, wetlands, and the 100-year flood zone;

(5) The wellhead protection program developed for the CWS; and

(6) A copy of the well completion report for the back-up well, filed in accordance with We 800, that demonstrates compliance with the well construction criteria of Env-Dw 302.26.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.35 Replacing an Existing Large Production Well

(a) A supplier of water proposing to replace an existing large production well with a new production well may do so under reduced regulatory requirements provided:

(1) Supporting documentation is provided demonstrating that:

a. A decline in yield from an existing production well prevents the system from maintaining the water supply source capacity requirements of existing customers; or

b. Water quality in the existing well does not meet current drinking water standards and treatment is not possible or feasible; and

(2) The replacement well shall:

a. Not be used for water use beyond the approved or established capacity of the well to be replaced;

b. Meet the requirements specified in Env-Dw 403.34; and

c. Derive water from the same zone of contribution as the well that is being replaced.

(b) A CWS proposing to replace any active large production well shall submit a request to the department that contains the following information:

(1) A description of the project including:

a. The applicant’s name, mailing address, and daytime telephone number and, if available, an e-mail address and fax number;

b. The consultant’s name, mailing address, and daytime telephone number, if applicable and, if available, an e-mail address and fax number;

c. The name of the water system;

d. The federal identification number for the existing large production well being replaced; and

e. The water supply requirements for the system.

(2) A site plan and description of all land uses in the sanitary protective area of the replacement well and any measures taken to achieve compliance with Env-Dw 302.10;

(3) A current tax map showing property boundaries, well location, eased areas, sanitary protective areas and lot owners;

(4) A site plan and description of the replacement well in relation to surface water, wetlands and the 100-year flood zone and any department-approved measures, if applicable, taken to elevate the permanent well casing;

(5) A general description of current water quality in the existing well, if available;

(6) A plan for completing the following;

a. Performance of a constant rate pumping test that conforms to Env-Dw 302.14(b); and

b. Collection of water quality samples in accordance with Env-Dw 302.15; and

(7) A plan for sealing the well that is to be replaced in accordance with We 600, provided that if the well will not or cannot be sealed the applicant shall submit a water conservation plan in accordance with Env-Wq 2101.

(c) The department shall approve the replacement well, provided the supporting documentation and data submitted by the applicant demonstrates the following:

(1) The applicant has provided the pumping test data and demonstrated a long-term sustainable yield for the replacement well;

(2) The applicant has provided the water quality results and laboratory reports from the sampling conducted during the pumping test;

(3) A statement has been provided by a NH licensed water well contractor that the existing well has been sealed in accordance with We 600, or a water conservation plan developed in accordance with Env-Wq 2101 has been approved;

(4) The applicant has provided the department with a copy of the well completion report for the replacement well, filed in accordance with We 800;

(5) The applicant has documented that sanitary protective area requirements, in accordance with Env-Dw 302.10, have been met, or improvements have been made to minimize the risk of contamination; and

(6) The applicant has documented that the surface water setbacks established in Env-Dw 302.09 have been met, or improvements have been made to minimize the potential for surface water influence on water pumped from the replacement well.

(d) The replacement well shall be approved for the previously approved or established capacity of the well being replaced or the long-term sustainable yield as tested, whichever is less.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 302.36 Waivers

Any applicant or supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so in accordance with Env-Dw 202.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 302) #11061, eff 4-1-16

Part Env-Dw 303 Groundwater Sources of Bottled Water

N.H. Code Admin. R. Ann. Env-Dw 303.01 Purpose

Statutory Authority: RSA 485:3, XI

Revision Note #1:

Document #8998, effective 9-29-07, readopted with amendments and renumbered former Part Env-Ws 389, titled “Groundwater Sources of Bottled Water,” under a new subtitle as Part Env-Dw 303. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #8998 replaced all prior filings for rules formerly in Part Env-Ws 389. The prior filings for rules in former Part Env-Ws 389 included the following documents:

#6973, eff 4-5-99

#8850, INTERIM, eff 4-5-07, EXPIRES: 10-2-07

REVISION NOTE#2:

Document #11059, effective 4-1-16, readopted with amendments Part Env-Dw 303 titled “Groundwater Sources of Bottled Water”, last filed under Document #8998, effective 9-29-07. Document #11059 deleted many definitions in the former Part Env-Dw 303 which were adopted by Document #11060, effective 4-1-16, in Part Env-Dw 301. Document #11059 also extensively amended and renumbered other existing rules within the former Part Env-Dw 303. Document #11059 replaces all prior filings for rules in the former Part Env-Dw 303 as filed under Document #8998.

The former Part Env-Dw 303 had last been filed under Document #8998, effective 9-29-07. These rules did not expire on 9-29-15 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #11059 and Document #11160, as appropriate, effective 4-1-16.

The purpose of these rules is to implement RSA 485:1, II(g) by establishing procedures and standards for the development and approval of new groundwater sources of water used in the production of bottled water.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.02 Applicability

These rules shall apply to new groundwater sources of water used in the production of bottled water.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.03 Definitions

(a) “Artesian water” means “artesian water” as defined in 21 CFR 165.110(a)(2)(i), 4-1-15 edition, namely “water from a well tapping a confined aquifer in which the water level stands at some height above the top of the aquifer”.

(b) “Borehole” means a hole dug, drilled, or bored into the earth.

(c) “Natural orifice” means an opening occurring naturally at the land surface, without any alteration of the land surface.

(d) “New source” means:

(1) A source installed or sited after April 5, 1999;

(2) A source installed or sited before April 5, 1999 that wants to increase the approved permitted production volume;

(3) A source previously approved by the department for which the approval has expired; or

(4) A source previously approved by the New Hampshire department of health and human services that has not obtained or maintained a facility license in accordance with He-P 2106.

(e) “Protected area” means a wellhead protection area for a groundwater source of bottled water.

(f) “Spring water” means “spring water” as defined in 21 CFR 165.110(a)(2)(vi), 4-1-15 edition, namely “water derived from an underground formation from which water flows naturally to the surface of the earth”.

(g) “Stratum” means a geologic formation or formations, or a discontinuity in or between geologic formations, which may in some cases serve as a source of water or as a pathway for groundwater to reach the surface.

(h) “Well water” means water derived from a groundwater source that is neither artesian water nor spring water.

(i) “Wellhead” means the structure through which, and location where, a groundwater source of bottled water reaches the land surface, such as the well casing, a spring collection box, or the natural orifice of a spring.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.04 Pre-Approval of Groundwater Source of Bottled Water Required

(a) No person shall use a groundwater source to produce bottled water without first obtaining approval of the source from the department in accordance with these rules.

(b) Any person proposing a withdrawal of groundwater to produce bottled water that would exceed the threshold established in RSA 485-C:21 for large groundwater withdrawals shall also obtain approval of the large groundwater withdrawal pursuant to RSA 485-C:21 and Env-Wq 403.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.05 Obtaining Approval for a New Groundwater Source of Bottled Water

(a) Any person seeking approval for a new groundwater source for bottled water that would not qualify as a large groundwater withdrawal under RSA 485-C:21 shall apply for approval of the source by submitting to the department:

(1) The cover page specified in Env-Dw 303.06;

(2) The application information required by Env-Dw 303.07;

(3) The source classification statement required by Env-Dw 303.19;

(4) A water conservation plan prepared in accordance with Env-Wq 2101; and

(5) If applicable, a copy of the well completion report that demonstrates the well complies with applicable standards, currently We 100-800 as adopted by the New Hampshire water well board pursuant to RSA 482-B, subject to any modifications in Env-Dw 303.24(a)(2).

(b) Any person seeking approval for a new groundwater source for bottled water that would qualify as a large groundwater withdrawal under RSA 485-C:21 shall apply for approval of the source by submitting to the department the information required by (a), above, and the application required by Env-Wq 403.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.06 Application: Cover Page

(a) The cover page required by Env-Dw 303.05(a)(1) shall contain the following:

(1) The applicant’s name, mailing address, daytime telephone number including area code, and website URL, if any;

(3) The location of the proposed source, by tax map and lot number; and

(4) The volume of the proposed withdrawal.

(b) If the applicant is an individual, the applicant shall sign and date the application.

(c) If the applicant is other than an individual, the applicant shall authorize an official of the applicant to sign the application, and the authorized individual shall sign and date the application and print or type his or her name and title.

(d) A signature provided under (b) or (c), above, shall constitute certification that:

(1) The information contained in or otherwise submitted with the application is true, complete, and not misleading to the best of the applicant’s knowledge and belief;

(2) The applicant understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

Not approving the application;
Revoking any approval or request that is granted based on the information;
Referring the matter to the joint board for potential action against the professional license held by the signer; and
If the signer is acting as or on behalf of a listed engineer as defined in Env-C 502.10, debarring the listed engineer from the roster; and

b. He or she is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements; and

(3) The applicant agrees to comply with all applicable rules and conditions of the approval, if issued.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.07 Application: Required Information

The applicant for a new groundwater source for bottled water shall provide the following pursuant to Env-Dw 303.05(a)(2):

(a) A description of the source location and a delineation of the location on a USGS map demonstrating that the wellhead for the source meets the requirements in Env-Dw 303.08, together with:

(1) The location of the 100-year flood elevation, the flood plain location, and all surface waters within 100 feet of the wellhead; and

(2) A vulnerability assessment for potential impacts from natural hazards, as necessary based on the source’s location relative to surrounding topographic and hydrologic features that would pose a reasonable threat to the wellhead’s structural integrity or functionality, or both;

(b) A description of the sanitary protective area as specified in Env-Dw 303.09;

(d) A preliminary estimate of the protected area in accordance with Env-Dw 303.11 that has been refined in accordance with Env-Dw 303.20 after the source evaluation required by Env-Dw 303.14;

(e) A preliminary contamination source and water resource and use inventory and the map required by Env-Dw 303.12 that has been refined in accordance with Env-Dw 303.22 after completion of the source evaluation required by Env-Dw 303.14;

(f) A description of the source evaluation conducted as required by Env-Dw 303.14;

(g) A proposed permitted production volume in accordance with Env-Dw 303.17;

(h) A description of the source protection program developed in accordance with Env-Dw 303.21; and

(i) A description of the contamination control program for known contamination sources within the protected area developed as specified in Env-Dw 303.23.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.08 Wellhead Location

(a) Subject to (b), below, the wellhead of a new groundwater source of bottled water shall be at least 50 feet from surface waters.

(b) The wellhead for a proposed source that is a spring may be within 50 feet of the spring if the applicant demonstrates that surface water generated from the spring does not infiltrate and recharge the wellhead during the source evaluation required by Env-Dw 303.14.

(c) The wellhead shall not be subject to flooding at the 100-year recurrence interval. The applicant may fill to elevate a wellhead and pumping station for flood protection purposes, provided that all required permits for placing of fill within wetlands and flood plains have been obtained.

(d) Where spring water is collected with the use of external force, no filling of the spring’s natural orifice shall be allowed.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.09 Sanitary Protective Area

(a) The sanitary protective area for any source shall be determined as specified in Env-Dw 302.10(a) and (b), regardless of the type of source or proposed capacity.

(b) The department shall not approve a source unless the applicant owns all the land within the sanitary protective area or controls it by other legal means, such as by recorded easement. If the applicant’s control of the sanitary protective area is time-limited, the department’s approval of the source shall be equally time-limited.

(c) If a source is approved, the applicant shall maintain the sanitary protective area of the source in a natural state at all times except as necessary for activities necessary for the use and maintenance of the wellhead that do not pose a contamination risk to groundwater.

(d) No underground utilities shall be installed within the sanitary protective area except for conduits for water derived from the source or electrical or communication lines. In specific cases where this requirement imposes unusual constraints on construction, the department shall allow other installations if the applicant demonstrates by clear and convincing evidence that the construction methods and materials proposed to be used will not increase the risk of contamination within the sanitary protective area.

(e) No person shall discharge to the sanitary protective area any drainage prohibited by Env-Dw 302.10(e).

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.10 Conceptual Hydrogeologic Model

(a) The applicant shall engage a qualified professional to develop a conceptual hydrogeologic model of the source and its protected area.

(b) The conceptual model shall be:

(1) Developed in accordance with the requirements for preparing a conceptual hydrologic model and potential impact area for large groundwater withdrawals specified in Env-Wq 403; and

(2) Refined based on the results of the source evaluation performed in accordance with Env-Dw 303.14.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.11 Preliminary Estimate of the Protected Area

(a) The protected area for a source that is a well that would have a capacity of equal to or greater than 57,600 gallons in a 24-hour period shall be determined as specified in Env-Dw 302.11, except that “wellhead protection area” shall be replaced with “protected area”.

(b) For any other source, the applicant shall engage a qualified professional to develop a preliminary estimate of the protected area based on the conceptual hydrogeologic model developed as required by Env-Dw 303.10.

(c) The qualified professional shall refine the preliminary estimate of the protected area in accordance with Env-Dw 303.20 based on the results of the source evaluation performed in accordance with Env-Dw 303.14.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.12 Preliminary Contamination Source and Water Resource and Use Inventories

(a) The applicant shall complete a preliminary contamination source inventory and a water resource and use inventory within the protected area before the source evaluation required by Env-Dw 303.14 is conducted.

(b) The inventories shall be performed in accordance with Env-Dw 302, except that “wellhead protection area” shall be replaced with “protected area”.

(c) The applicant shall map the location of all contamination sources and water resources and uses identified in accordance with (a), above, on a USGS map, and include with the map a table that identifies each information source and all search dates.

(d) The applicant shall describe each contamination source that has potential to affect the source by identifying the type of contamination and the status of any remediation effort(s) undertaken to contain or remove the contamination.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.13 Optional Pre-Test Conference

(a) Department staff responsible for implementing these rules shall, upon request, meet with the applicant and the qualified professional engaged by the applicant to review a detailed proposal of the work to be performed under these rules.

(b) To request a pre-test conference, the applicant shall submit the request to the department in writing and include the following with the request:

(1) A sketch at a scale of approximately one inch equals 100 feet depicting the area and any land uses within 500 feet of the proposed source, with a description of how the site complies with the source location requirements in Env-Dw 303.08;

(2) A description of the conceptual hydrogeologic model developed in accordance with Env-Dw 303.10;

(3) A description of the preliminary estimate of the protected area delineated in accordance with Env-Dw 303.11;

(4) The preliminary contamination source inventory and water resource and use inventory completed in accordance with Env-Dw 303.12; and

(5) A description of the source evaluation, protected area delineation methodology, and contamination source control program to be conducted as required by Env-Dw 303.07.

(c) During the conference, department staff shall provide feedback on the acceptability of the site and proposed approaches under these rules within the limitations of what is known about the site at the time of the conference.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.14 Pumping Test or Source Evaluation Required

(a) For any proposed source that is a well, the applicant shall:

(1) Engage a qualified professional to design a pumping test and water quality sampling program as specified in Env-Dw 302.14 and Env-Dw 302.15, respectively; and

(2) Submit the information required by Env-Dw 302.29(e).

(b) For any proposed source that is not a well, the applicant shall engage a qualified professional to design and implement a source evaluation for the proposed source as specified in:

(1) Env-Dw 303.15, for sources where external force will be used to collect water; or

(2) Env-Dw 303.16, for sources where external force will not be used.

(1) Refine the conceptual hydrogeologic model;

(2) Refine the protected area delineation;

(3) Establish the chemical quality of the source; and

(4) Develop, if necessary, a contamination control program.

(d) Alternative source evaluation methods shall be accepted, provided the applicant demonstrates by clear and convincing evidence that the alternative addresses the source evaluation objectives of (c), above, and achieves equivalent or superior results.

(e) Source evaluation methods, procedures, data, laboratory reports, and other supporting documentation shall be presented together with a discussion of, and conclusions drawn from, that information as required by Env-Dw 303.07(f).

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.15 Source Evaluation for Sources Using External Force

For any source where external force will be used to collect water, the source evaluation shall be conducted in accordance with the pumping test requirements for large community water system wells specified in Env-Dw 302, except as altered by the following:

(a) For a spring water source or artesian water source, the following shall apply:

(1) The source evaluation shall address both the natural high flow conditions and the natural low flow conditions of the source; and

(2) Low flow conditions shall be:

a. Evaluated by conducting the source evaluation during a low flow period; or

b. Predicted using hydrogeologically-valid methods provided that a monitoring program is designed and implemented to evaluate the potential for adverse impacts as described in RSA 485-C:21, V-c;

(b) For a spring where a borehole will be used to collect water, the source evaluation shall include the measurement of flows from the spring’s natural orifice at least as often as water levels are measured in the borehole, after the first 10 minutes of initiating and concluding pumping; and

(c) Water quality sampling shall be conducted in accordance with Env-Dw 302, and additional samples shall be collected and analyses performed if necessary to establish a contamination control program in accordance with Env-Dw 303.23.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.16 Source Evaluation for Sources Not Using External Force

For any source where no pumping or other external force will be used to collect water, the source evaluation shall be conducted as follows:

(a) The source evaluation shall address both the natural high flow conditions and the natural low flow conditions of the source;

(b) At least 2 monitoring wells shall be placed to meet the objectives of the source evaluation. Additional monitoring wells shall be required when preliminary information indicates they are necessary to meet the objectives of the source evaluation as specified in Env-Dw 303.14(c);

(1) Monitoring during the first 3 days shall be conducted with no withdrawal of water from the source;

(2) Monitoring from the beginning of day 4 through the end of day 8 shall be conducted while water is withdrawn from the source at the desired permitted production volume; and

(3) From the beginning of day 9 to the end of day 10, recovery monitoring shall be conducted with no withdrawal from the source;

(d) Water collected during the evaluation shall be discharged at a location that ensures the water cannot provide recharge to the source pursuant to a temporary groundwater discharge permit obtained under Env-Wq 402;

(e) The flow rate from the source shall be measured over a period of one minute or less at least twice daily at intervals of approximately 12 hours, using a calibrated flow meter, weir, flume, or similar device;

(f) Water levels in the source and in the monitoring wells shall be measured twice daily, at the same time the flow rate measurements are done;

(g) If the source ceases to flow during the withdrawal period specified in (3)b., above, the time that flow ceases and the time it starts again shall be recorded, and measurement of water levels shall replace flow measurements during any time the source is not flowing;

(h) Weather conditions, including rainfall amounts at the site, shall be recorded throughout the evaluation;

(i) Water levels in any surface water located within 500 feet of the source shall be measured to the nearest 0.01 foot and recorded at least twice daily during the evaluation, at the same time the flow rate measurements are done;

(j) The horizontal distance between each observation well, surface water measurement location, and the source shall be measured to the nearest foot;

(k) The vertical elevation of the observation wells, surface water, and source shall be established to the nearest 0.01 foot and referenced to the National Geodetic Vertical Datum of 1929 or subsequent national datum such as the North American Vertical Datum of 1988;

(l) Water level, flow rate, and date and time of measurement shall be tabulated and plotted;

(m) A regional groundwater flow net shall be constructed which shows flow directions in the horizontal and vertical planes and indicates hydraulic boundaries and recharge sources;

(n) Data collected pursuant to (a) through (m), above, shall be used to refine the protected area at the desired permitted production volume for 180 continuous days without recharge from rainfall; and

(o) Water quality sampling shall be as follows:

(1) A water quality sample shall be taken within the first 2 hours after initiating the evaluation;

(2) A second water quality sample shall be taken at the mid-point of the evaluation;

(3) A third water quality sample shall be taken during the last day of the evaluation;

(4) The samples shall be analyzed by a laboratory that has been accredited to perform drinking water testing in New Hampshire pursuant to Env-C 300 or equivalent standards established by EPA;

(5) The samples collected pursuant to (1) and (2), above, shall be analyzed for volatile organic compounds, iron, manganese, pH, specific conductance, hardness, chloride, sodium, nitrate, radon, and coliform bacteria;

(6) The sample collected pursuant to (3), above, shall be analyzed for radon, 1,4 dioxane, and those contaminants required to be monitored in accordance with Env-Dw 707 through Env-Dw 713; and

(7) Additional samples shall be collected and analyses performed if necessary to establish a contamination source control program in accordance with Env-Dw 303.23.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.17 Permitted Production Volume

(a) The applicant shall propose a permitted production volume based on an analysis of the data derived from the source evaluation required by Env-Dw 303.07(g) and completed as specified in Env-Dw 303.14.

(b) The applicant shall calculate the proposed permitted production volume by applying the natural flow rate or pumping test production rate over 24 continuous hours of operation.

(c) The applicant shall use the proposed permitted production volume to determine the protected area and, if necessary, to develop a potential contamination source control program.

(d) The department shall accept the proposed permitted production volume if it determines, based on the data and documentation submitted by the applicant in support of the proposed permitted production volume, that the data is valid, the calculation was performed correctly, and other applicable requirements are met.

(e) Although the actual rate at which water is withdrawn from an approved source may vary, the permitted production volume shall not be exceeded.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.18 Source Classification; Collection from

Source.

(a) The applicant shall engage a qualified professional to classify the proposed source as spring water, artesian water, or well water, as follows:

(1) A source shall be classified as spring water only if the water is from an underground formation from which water flows under a natural force to the surface of the earth through a natural orifice;

(2) A source shall be classified as artesian water only if the water is from a well tapping a confined aquifer in which the water level stands at some height above the top of the aquifer and the water does not qualify as spring water; and

(3) A source shall be classified as well water if it does not meet the criteria for classification as spring water or artesian water.

(b) Artesian water may be collected with the assistance of external force to enhance natural underground pressure.

(c) Spring water shall be collected either from the spring itself or through a borehole tapping the underground formation feeding the spring.

(d) Spring water shall not be collected using external force unless the water is from the same underground stratum as the spring, as demonstrated by the following:

(1) Observing and recording a measurable hydraulic connection, using a hydrogeologically-valid method, between the bore hole and the natural spring; and

(2) Collecting and analyzing water quality samples to show that water derived from the borehole is of the same composition and quality and has all the same physical properties, before treatment, as the water that flows naturally to the surface of the earth.

(e) Spring water shall not be collected using an external force if doing so prevents the natural flow of water to the surface of the earth through the spring’s natural orifice.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.19 Source Classification Statement

(a) The qualified professional engaged pursuant to Env-Dw 303.18(a) shall prepare a source classification statement that designates the source as spring water, artesian water, or well water.

(b) The classification statement shall include the following:

(1) A statement that the qualified professional understands the definitions of spring water, artesian water, and well water contained in Env-Dw 303.03;

(2) A statement that a hydrogeologic investigation has occurred and documentation has been prepared to demonstrate that the source meets the requirements for the designated classification;

(3) A statement that the documentation supporting the classification has been provided to the applicant; and

(4) The name, title, and qualifications of the qualified professional.

(1) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

Refusing to accept the classification statement;
Revoking any approval that is granted based on the information;
Referring the matter to the joint board for potential action against the professional license held by the signer; and
If the signer is acting as or on behalf of a listed engineer as defined in Env-C 502.10, debarring the listed engineer from the roster; and

b. The signer is subject to the penalties for making unsworn false statements specified RSA 641:3 or any successor New Hampshire statute.

(d) The applicant shall keep all information regarding source classification provided by the qualified professional and produce this information on request to department representatives.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.20 Protected Area Refinement

(a) The applicant shall refine the preliminary estimate of the protected area for the proposed groundwater source of bottled water at the permitted production volume with respect to no-flow boundaries, surface water connections, existing withdrawals, and any other hydrogeologic influences in accordance with the wellhead protection area refinement methodology specified in Env-Dw 302.22 for large community water system wells, except that “wellhead protection area” shall be replaced with “protected area”.

(b) The delineation and supporting evaluations and documentation shall be submitted as required by Env-Dw 303.07(d).

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.21 Source Protection Program

(a) The applicant shall establish a source protection program that includes:

(1) Updating the contamination source inventory required by Env-Dw 303.12 and Env-Dw 303.22 at intervals no greater than 3 years;

(2) Sending notification to the owner of each contamination source listed in the inventory within 90 days of source startup and at intervals no greater than 3 years thereafter, which notification shall include:

a. The name, mailing address, and daytime telephone number of the applicant;

b. A statement that the property on which the contamination source is located is in a protected area of a groundwater source of bottled water and thus is considered to have the potential to contaminate the groundwater;

c. A copy of groundwater protection educational material that the department has developed;

d. Notification that any discharge of a regulated contaminant as defined in RSA 485-C:2, reprinted in Appendix B, onto or into the ground or groundwater is prohibited unless it is specifically authorized by a groundwater discharge permit issued pursuant to Env-Wq 402; and

e. The name and daytime telephone number of a contact at the department to whom questions can be directed; and

(3) Establishment of a water quality monitoring well network, when existing contamination sources may pose a significant risk of groundwater contamination.

(b) The applicant shall include a description of the source protection program in the application submitted pursuant to Env-Dw 303.07.

(c) If the source is approved, the owner of the source shall demonstrate ongoing compliance with the source protection program by notifying the department in writing, by letter or email, of the date of the educational mailing program for each round of notifications.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.22 Contamination Source and Water Resource and Use Inventory Update and Revision

(a) The applicant shall update the preliminary inventory completed in accordance with Env-Dw 303.12 if it is more than 90 days old at the time the application is received by the department.

(b) The applicant shall revise the preliminary inventory to reflect any expansion or decrease in the protected area after it is refined in accordance with Env-Dw 303.20.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.23 Contamination Control Program

(a) The applicant shall establish a contamination control program that minimizes the risk of contamination from all contamination sources.

(b) The contamination control program shall include requirements, including a schedule, for monitoring and any necessary remediation of residual contamination from all known contamination sources identified through the contamination source inventory performed in accordance with Env-Dw 303.12 and Env-Dw 303.22, to ensure that contamination does not reach the groundwater source of bottled water.

(c) The contamination control program shall include collection of water quality samples from new or existing monitoring wells located near potential contamination sources identified through the contamination source inventory performed in accordance with Env-Dw 303.12 and Env-Dw 303.22, when applicable, to ensure that contamination does not affect the groundwater source of bottled water.

(d) A description of the contamination control program and supporting evaluations and documentation shall be provided in the application submitted pursuant to Env-Dw 303.07.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.24 Source Design and Construction

(a) When the new source is a well, the applicant shall:

(1) Engage a New Hampshire-licensed water well contractor to install the well in compliance with applicable rules, currently We 100-800 as adopted by the New Hampshire water well board pursuant to RSA 482-B;

(2) In addition to any construction standards included in (1), above, undertake the following:

a. To prevent surface water from channeling along the well casing, the void area outside the well casing shall be filled with cement grout, bentonite grout, or a cement-bentonite grout mixture to within at least 6 feet of the ground surface from:

For bedrock production wells, the bottom of the pilot hole; and
For overburden production wells, an appropriate depth determined by the NH-licensed water well contractor based on well design and the type of unconsolidated material encountered when installing the well; and

b. Extend the well casing:

At least 18 inches above the ground surface, for wells that are not installed within the 100-year flood zone; or
At least 3 feet above the base flood elevation or highest known flood elevation, whichever is higher, for production wells that are installed within the 100-year flood zone; and

(3) Submit a well completion report prepared in accordance with applicable requirements, currently We 800.

(b) When the source is not a well, the applicant shall submit a design and specification plan for the water collection structure to the department for review prior to construction. The department shall approve the design if the applicant demonstrates that the structure will protect the source against contamination from surface sources of pollutants.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.25 Approval of New Sources

(a) Upon receipt of an application submitted pursuant to Env-Dw 303.07, the department shall review the application to determine whether all required information and materials are included.

(b) If the application does not contain all of the required information and materials, the department shall notify the applicant in writing of:

(1) What information and materials are missing;

(2) A reasonable deadline for submitting the information and materials, established based on the type and quantity of information and materials needed; and

(3) The consequences of not providing the specified information and materials by the specified deadline, namely that the application will be denied.

(c) If the applicant does not provide the missing information and materials by the deadline specified in the notice sent pursuant to (b), above, or such extended date that the applicant and the department have agreed to, the department shall deny the application and notify the applicant in writing of the denial and the basis therefor.

(d) Subject to (e), below, the department shall approve the source and notify the applicant and the department of health and human services that the source has been approved if it determines that:

(1) The application contains all the required information;

(2) The department concurs with the source classification designation prepared in accordance with Env-Dw 303.19; and

(3) All applicable requirements of Env-Dw 303 have been met.

(e) The application shall be denied if a contamination source is present in the protected area and the information submitted with the application does not demonstrate that the groundwater source of bottled water will be protected from the contamination source.

(f) For a withdrawal designated as a large groundwater withdrawal, approval by the department shall be contingent on compliance with notification, impact assessment, and mitigation requirements pursuant to RSA 485-C:21, and permitting requirements of Env-Wq 403.

(g) The approval shall include such conditions for supplemental assessments, sampling, monitoring, record keeping and reporting as are necessary to verify compliance with these rules.

(h) Source approval shall expire 5 years after issuance if the source has not started producing bottled water within that time.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.26 Increasing the Permitted Production Volume

(a) Withdrawal from a groundwater source of bottled water shall not exceed the permitted production volume determined in accordance with Env-Dw 303.17.

(b) Any request for increasing the permitted production volume shall require the submission of a complete application as would be necessary for approval of a new source.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.27 Sampling Requirements for New Groundwater Sources of Bottled Water

The supplier of water from a new groundwater source of bottled water shall sample and test in accordance with He-P 2105.03.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.28 Waivers

Any applicant who wishes to request a waiver of specific rules outlined in this part shall request the waiver in accordance with Env-Dw 202.

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

N.H. Code Admin. R. Ann. Env-Dw 303.29 Suspension or Revocation of Approvals

(a) For purposes of this section, “approval” means an issued permit or waiver, as applicable.

(b) Upon finding that good cause as specified in (i), below, exists to suspend or revoke an approval, the department shall initiate an action pursuant to RSA 541-A:30, II, RSA 541-A:31, and the provisions of Env-C 200 applicable to adjudicative proceedings to suspend or revoke the approval.

(d) The department shall suspend the approval if the department determines, as a result of the proceeding initiated under (b), above, that:

(1) The project would conform to applicable requirements if the deficiency were corrected; and

(2) If the basis for the action is that the information on which the approval was issued was incorrect, incomplete, or misleading:

a. The deficient information was submitted inadvertently or negligently; and

b. The approval would have been issued if correct, complete, and not misleading information had been submitted originally.

(e) If the department suspends the approval, the decision issued pursuant to (h), below, shall:

(1) Specify a reasonable time in which the person to whom the approval was issued may correct the deficiencies which formed the basis for the suspension, established based on the type and quantity of deficiencies and the information and materials needed to correct them; and

(2) Notify the person to whom the approval was issued that if the deficiencies are not corrected within the time specified, the approval will be revoked.

(f) A decision to suspend an approval pending receipt of adequate and correct information shall not be considered a final decision from which an appeal may be taken.

(g) The department shall revoke the approval if the department determines, as a result of the proceeding initiated under (b), above, that:

(1) The project cannot be made to conform to applicable requirements; or

(2) If the basis for the action is that the information on which the approval was issued was incorrect, incomplete, or misleading:

a. The permit holder submitted deficient information with the intent to mislead or to avoid one or more requirements of the statute or rules; or

b. The approval would not have been issued if correct, complete, and not misleading information had been submitted originally.

(h) The department shall issue a written decision to the person to whom the approval was issued. If the approval is suspended or revoked, the decision shall specify the reason(s) for the decision and that the decision may be appealed as an enforcement decision in accordance with RSA 21-O:14.

(i) Good cause to suspend or revoke an approval shall include the following:

(1) The information on which the approval was based was incorrect, incomplete, or misleading;

(2) The project is not in compliance with the terms of the approval, including the plans approved and made part of the approval; or

(3) The person to whom the approval was issued is a chronic non-complier as defined in Env-C 209.01(b).

History

(See Revision Notes #1 and #2 at part heading for Env-Dw 303) #11059, eff 4-1-16

Part Env-Dw 304 Emergency Bulk Water Supply for Public Water Systems

N.H. Code Admin. R. Ann. Env-Dw 304.01 Purpose

Statutory Authority: RSA 485:3, I(c); RSA 485:8, II; RSA 485:10; RSA 485:40; RSA 485:41, II

The purpose of this part is to establish requirements for the use of bulk water as an emergency source of water by public water systems (PWS).

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 304.02 Definitions

(a) “Approved source” means a source of water that is either:

(1) A community water system (CWS) source approved by the department pursuant to Env-Dw 302, Env-Dw 305, or predecessor rules in Env-Ws 300 that is in compliance with those requirements;

(2) A bottled water source approved by the department pursuant to Env-Dw 303 or predecessor rules in Env-Ws 300 that is in compliance with those requirements;

(3) A CWS source or bottled water source approved by another state acting under the authority of the U.S. Environmental Protection Agency that is in compliance with those requirements; or

(4) A source approved pursuant to Env-Dw 304.03(b).

(b) “Bulk water” means water that is delivered to a PWS in discrete loads using a tanker truck.

(d) “Fill pipe” means the connection to the distribution system of a PWS through which bulk water is provided.

(e) “Finished water” means water that has been treated as required by RSA 485 and the rules in subtitle Env-Dw, such that it is in compliance with the standards specified in Env-Dw 700.

(f) “Tanker truck” means a motorized vehicle comprising a power unit and a tank with hoses, pumps, and other associated equipment needed to transfer the contents of the tank.

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 304.03 Sources of Bulk Water

(a) Bulk water provided to a PWS shall be finished water obtained only from an approved source.

(b) Bulk water provided to a PWS may be obtained from a well that is not a source identified in Env-Dw 304.02(a)(1), (2), or (3) only if all of the following are met:

(1) For wells installed on or after August 17, 1983, the well was installed in accordance with standards established by the water well board by a well driller licensed in accordance with RSA 482-B;

(2) For wells installed prior to August 17, 1983, adequate well construction and water quality information exists to demonstrate that the well was constructed so as to prevent the direct introduction of contaminants from the surface into the well casing or screen;

(3) The well is located at least 50 feet away from surface water as defined in Env-Dw 103;

(4) The owner of the source maintains a water quality sampling program for the well as specified in Env-Dw 304.04; and

(5) The water quality sampling program shows that the water meets the standards specified in Env-Dw 700.

(1) A regular site visit once every 5 years to confirm compliance with (b), above; and

(2) Additional site visits as needed to investigate information received relative to potential non-compliance of the source.

(d) Surface water that is not an approved source shall not be used as a source of bulk water.

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 304.04 Water Quality Sampling Program

(a) The water quality sampling program required by Env-Dw 304.03(b)(4) shall be as specified in (b) through (f), below.

(b) The owner of the source shall use a laboratory accredited under Env-C 300 to perform the specified tests.

(c) Subject to (d), below, the owner of the source shall submit all analytical results to the department within 14 days of the completion of the analysis.

(d) The owner of the source shall submit analytical results to the department immediately whenever:

(1) Any result exceeds the maximum contaminant level established in Env-Dw 700; or

(2) Any lead or copper result exceeds the action levels established in Env-Dw 714.

(e) Analytical analysis shall use methods that achieve laboratory reporting limits that are at or below:

(1) The maximum contaminant levels established in Env-Dw 700; and

(2) The action levels established in Env-Dw 714.

(f) The parameters tested and testing frequency shall be as follows:

(1) Testing once each calendar month for the absence or presence of total coliform;

(2) Testing once every 3 years for the following inorganic compounds:

a. Antimony;

b. Arsenic;

c. Asbestos;

d. Barium;

e. Beryllium;

f. Cadmium;

g. Chromium;

h. Copper;

i. Cyanide;

j. Fluoride;

k. Lead;

l. Mercury;

m. Selenium; and

n. Thallium;

(3) Testing once each calendar year for nitrate and nitrite; and

(4) Testing once every 3 years for the following volatile organic compounds:

a. Benzene;

b. Carbon tetrachloride;

c. cis-1,2-Dichloroethylene;

d. 1,2-Dichloroethane;

e. para-Dichlorobenzene (1,4-Dichlorobenzene);

f. 1,1-Dichloroethylene;

g. Dichloromethane (Methylene chloride);

h. Ethylbenzene;

i. 1,2-Dichloropropane;

j. Methyl tertiary-butyl ether (MtBE);

k. Monochlorobenzene (chlorobenzene);

l. o-Dichlorobenzene;

m. Styrene;

n. Tetrachloroethylene;

o. Toluene;

p. trans-1,2-Dichloroethylene;

q. Trichlorobenzene;

r. 1,1,1-Trichloroethane;

s. 1,1,2-Trichloroethane;

t. Trichloroethylene;

u. Vinyl chloride; and

v. Xylene.

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 304.05 Tanks Previously Used for Substances Other Than Water or Food Products

(a) Tanks previously used to transport petroleum products, toxic substances, or any non-food products shall not be used until the following is completed:

(1) The tank shall be thoroughly cleansed using appropriate sanitation methods to remove all previously transported products;

(2) The tank shall be filled with water that meets the standards specified in Env-Dw 700;

(3) The water in the tank shall be tested for the presence of contaminants associated with the products previously stored in the tank and the cleaners used to sanitize the tank;

(4) The process in (1) through (3), above, shall be repeated as often as necessary until the testing done pursuant to (3), above, shows no trace of contaminants;

(5) Pipes, hoses, fittings, and valves associated with the tank shall be replaced with equipment not previously used to transport petroleum products, toxic substances, or any non-food products; and

(6) The department has approved the use of the tank pursuant to (b), below.

(b) The department shall approve the use of a tank previously used to transport petroleum products, toxic substances, or any non-food products upon determining, based on written documentation submitted by the bulk water provider demonstrating compliance with (a), above, that the requirements have been met.

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 304.06 Tank and Water Sanitation Practices

(a) Prior to loading water from an approved source, the bulk water provider shall:

(1) Visually inspect the tank and all hoses, pipes, pumps, and other handling equipment for rust or sediment and, if any is found, remove it by rinsing and flushing; and

(2) If the immediately prior load was anything other than water from an approved source, clean and disinfect the tank and all hoses, pipes, pumps, and other handling equipment not replaced pursuant to Env-Dw 304.05(a)(5) using the materials and methods described in (f) and (g), below.

(b) All surfaces that come into contact with water during transport shall be:

(1) Made of a smooth, impervious, nonabsorbent, corrosion-resistant and non-toxic material such as stainless steel; and

(2) Maintained in good repair.

(d) Vents on tanks shall be protected to prevent contamination of the bulk water during filling and emptying.

(e) Bulk water shall be stored, loaded, transported, and unloaded in a manner that prevents contamination.

(f) Prior to using a tank to haul water from an approved source to a PWS where the immediately prior load was anything other than water from an approved source, the tank shall be cleaned using the following procedures:

(1) All debris in the tank shall be rinsed and flushed; and

(2) The tank shall be disinfected using one of the following methods:

a. Using a chemical sanitizer having an equivalent bactericidal action to 50 milligrams per liter (mg/l) available chlorine for 2 minutes at 57°F as an immersion or circulating solution to sanitize the entire tank volume; or

b. Using an ozone water solution with a concentration of 0.1 mg/l of ozone for 5 minutes as an immersion or circulating solution to sanitize the entire tank volume.

(g) Liquid sodium hypochlorite bleach used to comply with (2)a., above, shall:

(1) Contain no additives such as scent or cleaning enhancers; and

(2) Be mixed in the proportions identified in Table 304-1, below:

Table 304-1 Amount of Liquid Sodium Hypochlorite having 8.25% Available Chlorine

Per Volume of Water to Obtain Resulting Solution

Amount of Water→

Resulting Solution Concentration (mg/l) ↓

50 gallons

500 gallons

1,000 gallons

7,000 gallons

0.5 teaspoon

4.7 teaspoons

3 tablespoons

1.33 cups

0.5 cup

1 quart plus 1.0 cup

2 quarts plus 1.75 cups

4 gallons plus 1.0 quart

100

1.0 cup

2 quarts plus 1.75 cups

3 gallons plus 3.5 cups

8.5 gallons

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 304.07 Delivery

(a) A certified water system operator representing the PWS receiving bulk water shall be present at the time of delivery.

(b) Prior to allowing delivery of bulk water into the PWS, the certified operator representing the PWS receiving the bulk water shall measure the free chlorine residual in the bulk water being delivered to ensure that a concentration between 0.2 mg/l and 4.0 mg/l is present in the bulk water.

(c) If the free chlorine residual is not between 0.2 mg/l and 4.0 mg/l, the certified operator representing the PWS receiving the bulk water shall add the appropriate amount of sodium hypochlorite to make the concentration of free chlorine residual in the bulk water delivered to the PWS greater than 0.2 mg/l and less than 4.0 mg/l.

(d) All bulk water deliveries shall be transferred from a bulk water truck to a water storage tank. Water shall not be delivered directly into a well under any circumstances.

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 304.08 Notification

(a) The certified operator representing the PWS shall notify the department in accordance with (b) and (c), below, no later than 2 business days after any bulk water is delivered to customers.

(b) The notice provided pursuant to (a), above, shall contain the following information:

(1) The name and PWS identifier;

(2) The name of the city or town in which the PWS is located;

(3) The date and time of each bulk water delivery;

(4) The name and certification number of the certified operator accepting delivery of the bulk water on behalf of the PWS;

(5) The reason(s) for delivery;

(6) The source of the water delivered;

(7) The total amount of water delivered;

(8) The name and contact information of the person providing the bulk water;

(9) The name and contact information of the individual driver delivering the bulk water;

(10) The type of truck used to transport the water;

(11) The type of connections used to transfer the water;

(12) What measures were taken to avoid contamination during transfer;

(13) Location of the physical connection of the fill pipe to the PWS distribution system;

(14) The analytical results for the bulk water provided pursuant to Env-Dw 304.07(b);

(15) Description of tank inspections and cleaning and disinfection methods used; and

(16) If applicable, the reason(s) why the PWS might need additional deliveries.

(d) Community water systems shall notify customers of any bulk water delivered in the consumer confidence report prepared pursuant to Env-Dw 811.

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 304.09 Records

(a) The owner of the PWS that receives bulk water shall:

(1) Retain a copy of the notice required by Env-Dw 304.08 for not less than 5 years; and

(2) Provide a copy of the notice upon request to customers and federal, state, and local officials.

(b) For community water systems, details regarding bulk water procedures shall be included in the emergency plan of the water system as specified in Env-Dw 503, if applicable.

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 304.10 Waivers

Any supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so in accordance with Env-Dw 202.

History

#9577, eff 10-23-09; ss by #12444, eff 1-1-18

Part Env-Dw 305 Small Production Wells for Small Community Water Systems

N.H. Code Admin. R. Ann. Env-Dw 305.01 Purpose

Statutory Authority: RSA 485:2, V; RSA 485:41, II, IV, & V

Revision Note #1:

Document #9007, effective 10-19-07, readopted with amendments and renumbered former Part Env-Ws 378, titled “Site Selection of Small Production Wells for Community Water Systems”, under a new subtitle as Part Env-Dw 301 entitled “Small Production Wells for Small Community Water Systems.” The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #9007 replaced all prior filings for rules formerly in Env-Ws 378. The prior filings for rules in former Env-Ws 378 included the following documents:

#5541, eff 12-24-92

#6521, eff 6-4-97

#6920, INTERIM, eff 12-24-98, EXPIRES, 4-23-99

#6978, eff 4-21-99

#8870, INTERIM, eff 4-21-07, EXPIRES: 10-18-07

REVISION NOTE #2:

Document #11062, effective 4-1-16, readopted with amendments and renumbered former Part Env-Dw 301, titled “Small Production Wells for Community Water Systems,” as Part Env-Dw 305. Definitions of terms in the former Env-Dw 301 which were common to other parts in Chapter Env-Dw 300 were adopted by Document #11060, effective 4-1-16, in a new Part Env-Dw 301 titled “Definitions.”

The former Part Env-Dw 301 had last been filed under Document #9007, effective 10-19-07. These rules did not expire on 10-19-15 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document # 11062 and Document #11060, as appropriate, effective 4-1-16.

The purpose of these rules is to implement those portions of RSA 485, the New Hampshire Safe Drinking Water Act, pertaining to the department’s obligation to approve public water systems, by establishing procedures and standards for the development of small production wells for small community water systems (CWS) in order to ensure that such wells will be capable of producing an adequate supply of water that meets drinking water quality standards.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.02 Applicability

(a) These rules shall apply to any small CWS that:

(1) Develops a new small production well;

(2) Replaces an existing small production well with a new small production well;

(3) Hydrofractures or deepens an existing small production well to increase its capacity, provided the increased capacity does not cause the well to be a large production well; or

(4) Reactivates an inactive small production well or a small production well that has been removed from monitoring responsibility in accordance with Env-Dw 708.11 or its predecessor rule, Env-Ws 321.17.

(b) An applicant for a new production well for a large community water system shall comply with Env-Dw 302 regardless of the volume of water produced by the well.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.03 Definitions

(a) “New small production well” means a new production well that is a small production well.

(b) “Small bedrock production well” means a small production well that is a bedrock well.

(d) “Small production well” means a production well having a permitted production volume of less than 57,600 gallons in any 24-hour period.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.04 Pre-Approval Required

(a) A person shall obtain approval from the department in accordance with Env-Dw 305.05 through Env-Dw 305.29 prior to:

(1) Connecting a new small production well to a small CWS; or

(2) Requesting an increase in the permitted production volume of an existing small production well currently connected to a small CWS, provided the increase will not result in a permitted production volume of equal to or greater than 57,600 gallons in a 24-hour period.

(b) Prior to hydrofracturing or deepening an existing small bedrock production well to regain lost well capacity, the applicant shall:

(1) Submit a request to the department in accordance with Env-Dw 305.33; and

(2) Comply with (a), above, if the department denies the request submitted pursuant to Env-Dw 305.33.

(c) Prior to replacing an existing small production well with a new small production well, the applicant shall submit a request to the department in accordance with Env-Dw 305.34 and Env-Dw 305.35.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.05 Process for Obtaining Approval

(a) A person seeking approval pursuant to Env-Dw 305.04(a) shall submit a preliminary report to the department that contains the following:

(1) The cover page specified in Env-Dw 305.06, which has been signed as specified in Env-Dw 305.07; and

(2) The information and maps specified in Env-Dw 305.08.

(b) All work conducted to fulfill the requirements of Env-Dw 305 shall be completed by, or under the supervision of, an individual who is:

(1) Qualified by training and experience to complete the work required by Env-Dw 305; and

(2) At least one of the following, as applicable based on the specific work being performed:

a. A professional geologist (P.G.) licensed to work in New Hampshire pursuant to RSA 310-A;

b. A professional engineer (P.E.) licensed to work in New Hampshire pursuant to RSA 310-A;

c. A water system operator licensed in New Hampshire pursuant to RSA 332-E;

d. A water well contractor licensed in New Hampshire pursuant to RSA 482-B; or

e. A pump installer licensed in New Hampshire pursuant to RSA 482-B.

(1) Signed and dated by the individual who completed or supervised the work as required by (b), above, and if the individual is a P.G. or P.E., stamped or sealed by the individual; and

(2) Filed electronically in a portable document format.

(d) If the department approves the preliminary report and the applicant wishes to continue, the applicant shall proceed as specified in Env-Dw 305.18.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.06 Preliminary Report: Cover Page

The cover page required by Env-Dw 305.05(a)(1) shall contain the following:

(a) Information to identify the persons involved, specifically the name, mailing address, email address, and daytime telephone number of each of the following:

(1) The water system owner, or, if there is no owner at the time the preliminary report is submitted, the project owner and a description of the plan to transition ownership of the CWS in the future;

(2) The owner of the well site property;

(3) The individual responsible for responding to questions from the department regarding the preliminary report; and

(4) The person responsible for performing the pumping test and water quality sampling program;

(b) A description of the purpose of the new well and who is or will be served by the CWS; and

(1) Irrigation water use requirements; and

(2) Estimated water use based on the water use categories specified by Env-Dw 405.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.07 Signatures; Certifications

(a) The signatures required for the preliminary report, the final report, the compliance report, or any request related thereto shall be provided as follows:

(1) If the applicant or supplier of water, as applicable, is an individual, the applicant shall sign and date the report; and

(b) All signatures provided under this part, including those provided by the professional required by Env-Dw 305.05(b), shall constitute certification that:

(1) The information for which the signer is responsible that is contained in or otherwise submitted with the report or request is true, complete, and not misleading to the knowledge and belief of the signer;

(2) The signer understands that:

a. The submission of false, incomplete, or misleading information is grounds for:

Not approving the report or request;
Revoking any approval that is granted based on the information;
Suspending or revoking the professional license held by the signer if the department is the permitting authority, or referring the matter to the appropriate permitting authority for potential action against the professional license held by the signer if other than the department; and
If the signer is acting as or on behalf of a listed engineer as defined in Env-C 502.10, debarring the listed engineer from the roster; and

b. He or she is subject to the penalties specified in New Hampshire law, currently RSA 641:3, for making unsworn false statements.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.08 Preliminary Report: Contents

The applicant shall provide the following pursuant to Env-Dw 305.05(a)(2):

(a) A general description of the current use and 50 year history of the property where the new well is to be located;

(b) A description of existing and proposed land use activities within the sanitary protective area and how the area is or will be controlled by the applicant;

(c) Documentation to demonstrate that the well site and land within the sanitary protective area will be under the direct control of the supplier of water and will be maintained as required by Env-Dw 305.10;

(d) If the applicant does not own the well site property, a letter or equivalent document signed by the owner of the well site property that authorizes the applicant to apply for a new small production well on the property;

(e) A USGS map on which the following are clearly marked:

(1) The well location and estimated wellhead protection area;

(2) The location of the contamination sources, water resources, and water uses inventoried; and

(3) The title, scale, and date of the quadrangle;

(f) One or more municipal tax maps or survey maps at a scale of not smaller than one inch equals 100 feet on which the following are identified:

(1) The location of the proposed well and the sanitary protective area, determined as specified in Env-Dw 305.10;

(2) Lot lines and the owner of each lot into which the sanitary protective area extends;

(3) The location of any public or private water supply wells located within 1,000 feet of the well;

(4) The location of surface waters and wetlands to show that the well will meet the setback requirements in Env-Dw 305.09;

(5) All property lines and any easements;

(6) All land uses, including any paths, trails, structures, storage, landscaping, or other alteration of the natural terrain; and

(7) All stormwater discharge areas and drainage structures;

(g) A copy of the Flood Insurance Rate Map depicting the location of the well, or a description of the elevation of the well in reference to the 100-year flood zone depicted on the nearest adjacent Flood Insurance Rate Map;

(h) A preliminary estimate of the wellhead protection area for the well and a proposed method for refining the estimate in accordance with Env-Dw 305.11;

(i) A preliminary contamination source inventory and water use inventory in accordance with Env-Dw 305.12;

(j) Identification and evaluation of all contamination sources in accordance with Env-Dw 305.13;

(k) A proposal for a pumping test in accordance with Env-Dw 305.14; and

(l) A proposal for a water quality sampling program in accordance with Env-Dw 305.15.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.09 Well Location Relative to Surface Water

(a) No well shall be located closer than 50 feet from the high water line of any surface water.

(b) No well shall be located closer than 50 feet from wetlands that are inundated with standing or flowing water for more than 30 continuous days.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.10 Sanitary Protective Area

(a) The sanitary protective area shall be a circle, centered on the well, having a radius based on the permitted production volume of the well as set forth in Table 305-1:

Table 305-1: Sanitary Protective Area Radii

Permitted Production Volume

(gallons in a 24-hour period)

Radius (feet)

less than 14,400

150

14,401 to 28,800

175

28,801 to less than 57,600

200

(c) The department shall not approve the source unless the applicant owns the land within the sanitary protective area, provided however, that if the applicant does not own the land, the applicant shall control the land by perpetual easement, covenant, or similarly legally binding means.

(d) If the well is approved, the sanitary protective area shall be maintained in a natural state at all times except for:

(1) Limited land clearing and terrain alteration required for well access and construction of a pump house or other structure(s) associated with the well or water system; and

(2) Activities necessary for the maintenance of the well that do not pose a contamination risk to groundwater.

(e) No person shall discharge to the sanitary protective area any drainage from:

(1) Any area where fertilizer or pesticides, or both, have been applied;

(2) Any roadway, parking lot, or other area on which motor vehicles of any type travel or are parked; or

(3) Any detention and retention pond, infiltration strip, drainage swale, or similar structure.

(f) No underground utilities shall be installed in the sanitary protective area except for drinking water supply and electrical or communications conduits associated with the well or water system.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.11 Preliminary Estimate of the Wellhead Protection Area and Proposed Refinement

(a) The estimate of the wellhead protection area shall be derived for small overburden production wells, except those in confined aquifers, by drawing a circle with a 4,000 foot radius around the well or, when sufficient data is available, by using the method as specified in (c)(1), below.

(b) For small bedrock production wells and small overburden production wells in confined aquifers, the estimate of the wellhead protection area shall be derived by drawing a circle around the well with a radius based on the proposed permitted production volume, as set forth in Table 305-2:

Table 305-2: Wellhead Protection Area Radii

Permitted Production Volume (gallons per day)

Radius (feet)

0 to 7,200

1,300

7,201 to 14,400

1,500

14,401 to 28,800

2,050

28,801 to 43,200

2,850

43,201 to less than 57,600

3,600

(c) The wellhead protection area refinement method required by Env-Dw 305.08(h) for small overburden production wells, except those in confined aquifers, shall be one of the following:

(1) An analytical or numerical model that identifies the contributing area of the well based on assuming180 days of continuous pumping without recharge from precipitation, provided that the model’s assumptions are not violated and conservative estimates of aquifer parameters are used; or

(2) A circle centered on the well having a radius of 4,000 feet.

(d) The wellhead protection area refinement method required by Env-Dw 305.08(h) for small bedrock production wells and small overburden production wells in confined aquifers shall be the same methodology used in (b), above, based on the permitted production volume established by the pumping test performed in accordance with Env-Dw 305.19.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.12 Preliminary Contamination Source and Water Use Inventories

(a) The preliminary contamination source inventory and the preliminary water use inventory required by Env-Dw 305.08(i) shall be:

(1) Completed before the pumping test and water quality sampling program proposals required by Env-Dw 305.08(k) and (l), respectively, are developed; and

(2) Compiled from a search of the following information sources:

a. Records at the department;

b. Records at the municipality; and

c. A windshield survey of all properties within the wellhead protection area.

(b) The contamination source inventory shall:

(1) Identify and describe all known contamination sources and all potential contamination sources in the wellhead protection area; and

(2) Include the following information for each known contamination source and each potential contamination source:

a. The site name and address;

b. The name, mailing address, and daytime telephone number of each property owner or operator;

c. For each known contamination source, a description of the nature and extent of the investigation and the status of any remedial action that has been or is being performed; and

d. For each potential contamination source, the type of potential contamination source(s) at the facility.

(1) Identify water resources and uses within 1,000 feet of the proposed well, including:

a. Private wells, assuming that all developed lots not served by a public water system have private wells;

b. Public wells; and

c. All surface water bodies and wetlands;

(2) Identify registered water users within the wellhead protection area; and

(3) Include the following information:

a. For each private well:

The property address;
Tax map and lot number; and
The well construction record number, if available;

b. For each public well:

The water system name and address; and
The well's federal identification number;

c. For each registered water user:

The name and address of the user;
The type of use; and
The water user registration number; and

d. For each surface water body or wetland:

Name and type of water body; and
Location of the surface water or wetland in relation to the proposed well.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.13 Known Contamination Source Evaluation

(a) The applicant shall review the applicable department site file(s) on each known contamination source identified in accordance with Env-Dw 305.12 and evaluate its potential to degrade water quality at the well.

(b) The applicant shall present, in the preliminary report, a description of how each known contamination source that has potential to degrade water quality at the proposed well will be addressed by the pumping test and water quality sampling program, by:

(1) Collecting additional water quality samples from the proposed well;

(2) Collecting additional water quality samples from other wells within the wellhead protection area;

(3) Increasing the duration of the pumping test; or

(4) A combination of (1)-(3), above.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.14 Proposal for Pumping Test

(a) Subject to (c), below, the proposal required by Env-Dw 305.08(k) shall be for:

(1) A standard pumping test as specified in (d), below, in which case the preliminary report shall contain the information specified in (e), below; or

(2) An alternate pumping test as specified in (f), below, in which case the preliminary report and the final report shall include an explanation of the justification for using the alternative method.

(b) The pumping test shall be conducted to gather the information necessary to:

(1) Demonstrate that the proposed permitted production volume is sustainable;

(2) Assess the effects of the proposed well on surrounding water resources and water uses; and

(3) Demonstrate the small CWS source capacity required by Env-Dw 405.

(c) An applicant for a new source of water for a new small CWS with a design flow requirement less than 57,600 gallons per day, but with a source capacity requirement that exceeds 57,600 gallons per day, shall comply with the wellhead protection area refinement, pumping test, and water quality testing requirements of Env-Dw 302.11, Env-Dw 302.14, and Env-Dw 302.15, respectively.

(d) A standard pumping test shall be completed as follows:

(1) The pumping of and discharge from the water system’s wells shall be as follows:

a. The new well and any other well being pumped as part of the pumping test shall be operated continuously at a discharge rate that does not vary more than approximately 5% after the first 24 hours of pumping;

b. For an existing CWS with one or more existing wells that will continue to be used even if the proposed well is approved, each other well shall be operated as usual to demonstrate system capacity requirements under Env-Dw 405;

c. The pumping test production rate shall not be less than the proposed permitted production volume for each new well;

d. The discharge rate shall be:

Measured using a device capable of providing measurements accurate to within 5% of the discharge rate; and
Measured every 15 minutes for the first 2 hours and at least once every hour thereafter;

e. Discharge measurements shall:

Not be averaged over a period greater than one minute; and
Include at least 2 readings collected and recorded for each measurement; and

f. Pumped water shall be discharged outside the estimated contributing area of operating wells so there is no effect on the pumping test results;

(2) Subject to (3), below, the pumping test shall be conducted for not less than 72 hours;

(3) The pumping test may be terminated sooner than 72 hours if the applicant submits field observations and water level data to the department to demonstrate that the average change in water level in the pumping well is 0.5 feet or less over a period of at least 12 hours, provided that the pumping test duration shall be not less than 48 hours;

(4) Water levels shall be measured as follows:

a. For each proposed new well, water level measurements and time shall be recorded:

Just before pumping begins;
After pumping starts, every 5 minutes for the first hour, and at least once every hour thereafter; and
After pumping stops, during the recovery period, so that at least 10 data points are recorded over a period equivalent to the pumping period of the pumping test or until the water level in the new well has recovered to 90% of the pre-pumping water level; and

b. Water level measurements shall be made using equipment capable of measuring to the nearest 0.01 foot;

(5) For existing water systems, water levels in the system’s other wells shall be recorded before the pumping test starts, during the pumping test at intervals no greater than once every 2 hours, and just after the pumping test ends;

(6) Water levels in any surface water within 150 feet of the operating wells shall be measured using a water level staff gauge marked in 0.01-foot intervals, with gauge readings being taken just before pumping starts and at least every 6 hours thereafter;

(7) Water levels in private and public wells within 1,000 feet of the proposed new source well or wells shall be monitored, if permission has been obtained from the owner as specified in Env-Dw 302.14(h)(1), to estimate the effect on these wells as required by Env-Dw 305.28(i);

(8) On-site weather condition observations shall be recorded daily during pumping and recovery.

(e) When a standard pumping test is proposed, the proposal shall include the following:

(1) The proposed pumping test production rate;

(2) The methods, locations, and schedule for water level measurements;

(3) A site sketch showing the discharge location;

(4) A site sketch showing the location of any surface water staff gauges and a description of their construction;

(5) A description of the method and equipment that will be used to ensure a constant pumping rate is maintained;

(6) A description of the discharge measurement method and schedule;

(7) A description of how the system’s other wells, if any, will be operated while the new well is being tested; and

(8) Copies of notification letter which extend an offer to monitor water levels in nearby wells identified in (d)(7), above.

(f) When an alternate pumping test is proposed, the proposal shall include:

(1) Information that explains how the pumping test will be conducted and monitored, how the effect of the pumping test on surface waters and wells will be measured, how ambient conditions will be monitored, and any other information needed to comprise a complete proposal consistent with (d) and (e), above; and

(2) Information demonstrating that the program will meet or exceed the requirements for the standard pumping test.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.15 Proposal for Water Quality Sampling Program

(a) The water quality sampling program required by Env-Dw 305.08(l) shall be conducted to demonstrate the water quality of each proposed new well.

(b) The water quality sampling proposal shall include a description of how the applicant will:

(1) Obtain a water sample from the well immediately prior to the cessation of pumping;

(2) Store and transport the sample bottles to the laboratory;

(3) Ensure that the water sample is analyzed for:

a. Those parameters required to be monitored in groundwater systems per Env-Dw 707 through 713;

b. 1,4-Dioxane;

c. Radon; and

d. Microscopic particulate analysis as specified in (c), below, if the location of the proposed new well meets one of the following criteria, unless exempted by (d), below:

For overburden wells, the well is within 100 feet of the normal high water line of any surface water; or
For bedrock wells, the well is within 200 feet of the normal high water line of any surface water;

(4) Ensure that the water sample is analyzed by a laboratory that is accredited for all applicable drinking water categories in accordance with Env-C 300; and

(5) For well sites with specific water quality concerns, including those related to known or potential contamination sources, perform additional sampling and analyses to ensure acceptable water quality.

(1) Be collected during the last day of the pumping test;

(2) Be collected only after screening the discharge water hourly, for a period of no less than 6 hours before the start of sample collection, for pH, specific conductance, and temperature;

(3) Be analyzed in accordance with the US EPA 2004 Consensus Method for Determining Groundwaters Under the Direct Influence of Surface Water Using Microscopic Particulate analysis (MPA), MiC004B or an equivalent method;

(4) Be screened for pH, specific conductance and temperature throughout the duration of sample collection; and

(5) Include screening for pH, specific conductance, and temperature in the surface water closest to the proposed new well at the same monitoring frequency as the discharge water.

(d) New wells shall be exempt from sampling for microscopic particulates if the applicant demonstrates through site-specific observations and monitoring that:

(1) A continuous confining unit is present between the proposed new well and the surface water; and

(2) Water level monitoring performed during the pumping test shows that a direct hydraulic connection does not appear to exist between the proposed new well and the surface water.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.16 Criteria and Procedures for Approval of the Preliminary Report

(a) The department shall approve or deny the preliminary report in writing within 30 days of receipt of all information required by Env-Dw 305.05(a).

(b) The department shall approve the preliminary report upon determining that:

(1) The report contains all information required by Env-Dw 305.05(a);

(2) The information contained in the report is complete and correct; and

(3) The water system concept approval required by Env-Dw 405 has been issued.

(c) The department shall advise the applicant not to proceed further in the well siting process if information concerning known contamination sources evaluated in accordance with Env-Dw 305.13 indicates that an adequate contamination control program cannot be implemented to prevent degradation of water quality at the proposed well.

(d) The department shall advise the applicant if a waiver will be required from specific requirements of this rule based on the preliminary report information.

(e) The department shall require additional sampling to be conducted at the production well or other sampling points if review of the preliminary report identifies contamination sources that could contaminate the well.

(f) The department shall include such conditions in the preliminary report approval as are necessary to ensure compliance with this part and protection of public health and the environment.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.17 Duration of Preliminary Report Approval; Effect of Expiration

(a) The preliminary report approval shall expire 4 years from the date of approval if a final report has not been received by the department prior to that date.

(b) Any person wishing to develop the well after a preliminary report approval has expired shall submit a new preliminary report in compliance with this part.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.18 Completion of Approval Process

Upon receipt of department approval of the preliminary report, the applicant shall:

(a) Perform the pumping test and water quality sampling program in accordance with Env-Dw 305.19 and any conditions specified in the approval;

(b) Demonstrate that under existing land use and aquifer conditions, acceptable water quality can be delivered by the well provided that, for parameters which exceed primary or secondary maximum contaminant levels under Env-Dw 702 through 706, treatment or other management techniques may be used if approved by the department in accordance with Env-Dw 405;

(d) Refine the wellhead protection area delineation in accordance with Env-Dw 305.21;

(e) Update and revise the contamination source inventory and the water use inventory in accordance with Env-Dw 305.22;

(f) Establish a contamination source control program in accordance with Env-Dw 305.23 for any known sources of contamination identified in accordance with Env-Dw 305.22;

(g) Establish a wellhead protection program in accordance with Env-Dw 305.24;

(h) Document that the construction of the well is in compliance with applicable water well construction standards in accordance with Env-Dw 305.25;

(i) Submit a final report to the department in accordance with Env-Dw 305.26;

(j) Submit and obtain approval for a water conservation plan prepared in accordance with Env-Wq 2101; and

(k) Obtain approval of the new small production well in accordance with Env-Dw 305.29.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.19 Performing the Pumping Test and Water Quality Sampling

(a) Subject to (c) and (d), below, the applicant shall perform the pumping test in accordance with the pumping test proposal as approved in the preliminary report.

(b) The applicant shall notify the department of the anticipated start date of the pumping test at least one week prior to the start of testing, so that department personnel can conduct a site visit during the pumping test.

(c) The applicant shall postpone or prolong the pumping test if high recharge conditions are likely to result in test data that cannot be used for the purposes specified in Env-Dw 305.14(b). This determination shall be made jointly by the applicant and the department based on site specific conditions at the time of testing. If high recharge conditions are present but postponing or prolonging the test is not reasonably feasible, the applicant shall include a justification for not postponing or prolonging the test in the final report and adjust the collected data using conservative assumptions to reflect average conditions.

(d) The applicant shall postpone the pumping test if open pits used during well construction or any other depressions within 20 feet of the well contain standing water, or if the well site is flooded.

(e) The applicant shall undertake water quality sampling in accordance with the approved proposal.

(f) If the applicant wishes to change any aspect of the pumping test or water quality sampling program, the applicant shall submit a written request to the department that identifies the requested change(s) and explains why the change(s) should be approved.

(g) The department shall approve a requested change if the modification does not affect the integrity of the data collected and the resulting modified testing protocol will produce the necessary information.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.20 Permitted Production Volume

(a) The permitted production volume shall be the volume produced during the pumping test by pumping at a constant pumping rate for at least the final 24 continuous hours of the pumping test.

(b) The actual rate at which water is withdrawn from an approved well may vary, but shall not exceed the permitted production volume.

(d) The combined permitted production volumes of all new sources of water for a new small CWS shall equal at least the source capacity requirements for the water system as established by Env-Dw 405.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.21 Wellhead Protection Area Refinement

(a) Subject to (b), below, the applicant shall refine the estimated wellhead protection area presented in the preliminary report using the method described in the preliminary report.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.22 Contamination Source and Water Use Inventories Update and Revision

The applicant shall update and revise the preliminary contamination source inventory and the water uses inventory for the refined wellhead protection area as follows:

(a) If fewer than 90 days have elapsed since the preliminary inventories were completed, the applicant shall determine whether any new contamination sources or water uses, or both, have been located in the refined wellhead protection area and, if so, add them to the preliminary inventory for the final report; and

(b) If 90 days or more have elapsed since the preliminary inventories were completed and for any area that is in the revised wellhead protection area that was not in the preliminary estimate, the applicant shall perform all of the procedures required for the preliminary inventories as specified in Env-Dw 305.12.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.23 Contamination Control Program

(a) The applicant shall establish a program that minimizes the risk of contamination at the well from known contamination sources.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.24 Wellhead Protection Program

The applicant shall establish a wellhead protection program that includes:

(a) Updating the contamination source inventory as specified in Env-Dw 305.22 at intervals no greater than 3 years; and

(b) Sending groundwater protection educational material that the department has developed to all owners of property in the wellhead protection area:

(1) Within 90 days of:

a. Department approval of a well for an existing small CWS; or

b. System start up for a new small CWS; and

(2) At intervals no greater than 3 years thereafter.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.25 Well Construction

(a) The applicant shall engage a New Hampshire-licensed water well contractor to install the well in compliance with the rules adopted by the New Hampshire water well board pursuant to RSA 482-B, We 100 et seq.

(b) In addition to any construction standards included in (a), above, the following shall apply:

(1) To prevent surface water from channeling along the well casing, the void area outside the casing shall be filled with cement grout, bentonite grout, or a cement-bentonite grout mixture to within at least 6 feet of the ground surface from:

a. For a bedrock production well, the bottom of the pilot hole; and

b. For an overburden production well, an appropriate depth determined by the NH-licensed water well contractor based on well design and the type of unconsolidated material encountered when installing the well;

(2) The well casing shall:

a. Extend at least 18 inches above the ground surface for production wells that are not installed within the 100-year flood zone; and

b. Extend at least 3 feet above the base flood elevation or highest known flood elevation, whichever is higher, for production wells that are installed within the 100-year flood zone.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.26 Final Report Required

(a) The applicant shall submit a final report as specified in (c), below, to the department while the approval of the preliminary report is in effect.

(b) The final report submitted pursuant to (a), above, shall be:

(1) Signed as specified in Env-Dw 305.07 by the applicant and by the professional licensee(s) who performed the work, as specified in Env-Dw 305.05(b); and

(2) Submitted electronically in portable document format.

(1) A cover page as specified in Env-Dw 305.27, which has been signed as specified in Env-Dw 305.07; and

(2) The information identified in Env-Dw 305.28.

(d) The department shall review the final report as specified in Env-Dw 305.29.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.27 Final Report: Cover Page

The cover page required by Env-Dw 305.26(c)(1) shall contain the following:

(a) Information to identify the persons involved, as follows:

(1) The applicant’s name, mailing address, daytime telephone number including area code, and website URL, if any;

(4) The name, mailing address, daytime telephone number including area code, and email address of the person responsible for performing the pumping test and water quality sampling program; and

(b) If any of the information provided pursuant to Env-Dw 305.06(b) or (c) has changed, updated information.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.28 Final Report: Contents

The applicant shall provide the following pursuant to Env-Dw 305.26(c)(2):

(a) A description of the pumping test, including:

(1) All of the data collected;

(2) A description of how each pumping test requirement in the approved preliminary report was met;

(3) A graph developed using the following methodology:

a. Water level data shall be plotted as a semi-logarithmic plot of drawdown versus elapsed time, expressed in minutes elapsed since pumping began, presented on the logarithmic axis; and

b. A straight line shall be:

Drawn through the data on the semi-logarithmic plot with a slope based on the data points from the end of the pumping period; and
Used to extrapolate the drawdown for a time of 180 days, or 259,200 minutes, which shall be the theoretical 180-day drawdown; and

(4) If an alternate pumping test method was approved in the preliminary report, all data and analyses as approved in the preliminary report and the justification for the alternative method required by Env-Dw 305.14(a)(2);

(b) A description of the water quality sampling program, with specific note of any deviations from the program as approved in the preliminary reports, and copies of all laboratory results;

(d) Updated contamination source and water use inventories;

(e) A description of the contamination risk control program with supporting evaluations and documentation;

(f) A description of the wellhead protection program, including:

(1) The name, title, mailing address, daytime telephone number, and email address, if any, of the person who is or will be responsible for implementing the wellhead protection program; and

(2) A copy of or reference to the education materials;

(g) A copy of the well completion report prepared in accordance with We 800;

(h) A proposed permitted production volume and a description of the means by which it was established in accordance with Env-Dw 305.20;

(i) An estimate of the effect pumping the permitted production volume from the well will have on:

(1) Water levels in private and public wells within 1,000 feet of the production well;

(2) Water levels in nearby surface waters and wetlands;

(3) Existing groundwater contamination plumes; and

(4) Saltwater intrusion into the freshwater aquifer;

(j) A vulnerability assessment of potential impacts to the well from natural hazards, if necessary based on:

(1) The site’s location relative to surrounding topographic and hydrologic features that pose a reasonable threat to the facility’s structural integrity or functionality, or both; or

(2) The well location’s history of impacts by natural hazards; and

(k) Documentation of legal control of the sanitary protective area.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.29 Criteria for Approval of New Small Production Wells

(a) The department shall approve or not approve the well documented in the final report in writing within 30 days of receipt of all information required by Env-Dw 305.26(c).

(b) The department shall approve the well upon determining that:

(1) The final report contains all required information;

(2) The information provided is complete and correct; and

(3) All applicable requirements of Env-Dw 305 and We 600 have been met.

(c) If the final report does not meet all of the criteria in (b), above, the notice sent pursuant to (a), above, shall identify the reason(s) for the denial.

(d) The department shall not approve the well if any of the following are true:

(1) One or more contamination source(s) is present in the wellhead protection area and the contamination control program prepared in accordance with Env-Dw 305.23 does not ensure that contamination will not degrade water quality at the well;

(2) The well was not constructed as specified in Env-Dw 305.25;

(3) The applicant failed to obtain legal control of the sanitary protective area as required by Env-Dw 305.10(c) and did not obtain a waiver to the requirement;

(4) Drawdown in the well exceeds 35 feet per gallon per minute of yield, unless hydrogeologic data support and field measurements from the pumping test or additional testing demonstrate that drawdown in the well has stabilized at a yield that is sustainable;

(5) Within a duration of time not exceeding the pumping period of the pumping test, the water level in the well did not recover to within 2 feet of the static water level measured at the beginning of the pumping test or to a minimum of 90% of the total drawdown measured during the test;

(6) The extrapolated 180-day drawdown exceeds 90% of the total available drawdown in the proposed production well at the production volume sought for approval;

(7) The applicant failed to perform any activity or meet any of the requirements contained in these rules; or

(8) The applicant failed to obtain approval for the water conservation plan required by Env-Wq 2101.

(e) The department shall include such conditions in the final approval as are necessary to ensure compliance with this part and protection of the public health.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.30 Duration of Final Approval; Reactivation; Effect of Expiration

(a) Any approval issued pursuant to Env-Dw 305.29 shall lapse 4 years after issuance if the well is not connected to a water system approved in accordance with Env-Dw 405 prior to that date.

(b) The applicant may request the department to reinstate a lapsed approval within 10 years of the original approval by submitting the following in writing to the department:

(1) Information demonstrating the well still meets the well siting requirements of Env-Dw 305.09 and Env-Dw 305.10;

(2) An update of the contamination source and water user inventories in accordance with Env-Dw 305.22;

(3) An update of the wellhead protection program in accordance Env-Dw 305.24 using information obtained pursuant to (2), above; and

(4) A plan that includes:

a. Completion of a short-term pumping test at least 6 hours in duration at the previously approved permitted production volume; and

b. Collection of a water quality sample of the well at the end of the short-term pumping test.

(c) Within 30 days of receiving a complete request under (b), above, the department shall authorize the applicant to conduct the proposed short-term pumping test if the information submitted demonstrates that ambient conditions have not materially changed since the well was approved or, if ambient conditions have materially changed, the change(s) can be addressed so that the well will provide acceptable water quality.

(d) The department shall approve or deny the request to reinstate the well approval in writing within 30 days of receiving the results of the short-term pumping test.

(e) The department shall reinstate the approval if the information submitted meets the criteria for approval stated in Env-Dw 305.29.

(f) Any approval reinstated pursuant to (e), above, shall be valid for 4 years from the date of issuance and shall not be subject to subsequent reinstatement.

(g) If approval for a new well has lapsed for more than 10 years from the date of the original approval, the applicant shall apply for approval as specified in these rules for a new well.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.31 On-Going Compliance with Wellhead Protection Program

(b) The compliance report required by (a), above, shall include the following information on an Educational Mailing Completion form obtained from the department:

(1) The name of the supplier of water and the name and title of the individual authorized by the supplier to sign the compliance report;

(2) Whether the supplier of water has homeowners and potential contamination sources (PCSs) within the wellhead protection area of the source and, if so, has mailed or directly delivered the educational materials to all of the homeowners, tenants, PCSs, and non-residential buildings within the wellhead protection area(s);

(3) If the supplier of water does not have any homeowners or PCSs within the wellhead protection area of the source, whether the educational materials have been posted in readily accessible areas for those served by the system to review;

(4) The CWS name, PWS identifier, and source identifier;

(5) The town in which the CWS is located; and

(6) The date the educational materials were distributed.

(c) The individual authorized by the supplier of water shall sign the compliance report in accordance with Env-Dw 305.07.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.32 Modifying the Wellhead Protection Area

(a) A supplier of water that wishes to modify the wellhead protection area of a well shall submit a written request to the department.

(b) A request filed pursuant to (a), above, shall be based on data analysis from a pumping test that meets the requirements for a standard pumping test or alternate pumping test as specified in Env-Dw 305.14.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.33 Hydrofracturing or Deepening an Existing Small Bedrock Production Well

(a) Subject to (b) and (c), below, an applicant proposing to hydrofracture or deepen an existing bedrock well to increase well capacity shall comply with this section, provided the resulting well capacity will remain below 57,600 gallons in a 24-hour period.

(b) An applicant proposing to hydrofracture or deepen a bedrock well to regain lost well capacity to expand the water system or increase the yield beyond that previously established pursuant to Env-Dw 405 shall comply with all requirements for a new well as specified in Env-Dw 305.05(a), provided the resulting well capacity will remain below 57,600 gallons in a 24-hour period.

(c) An applicant proposing to hydrofracture or deepen a bedrock well shall comply with Env-Dw 302 if the resulting well would produce 57,600 or more gallons in a 24-hour period.

(d) Prior to hydrofracturing or deepening a bedrock well, the supplier of water shall submit the following information to the department:

(1) The name, mailing address, email address, and daytime phone number of the supplier of water and the supplier’s authorized representative;

(2) The name and PWS identifier of the CWS;

(3) The source capacity requirements for the CWS established during design approval in accordance with Env-Dw 405;

(4) A description of the well in relation to the 100-year flood plain and any measures, if applicable, to be taken to elevate the permanent well casing;

(5) Whether the proposed well capacity will require a larger sanitary protective area under Env-Dw 305.10 and, if so, the measures proposed to be taken to achieve compliance with Env-Dw 305.10; and

(6) A proposal for determining the sustainable yield of and water quality from the well after hydrofracturing or deepening.

(e) The department shall approve or deny a request to hydrofracture or deepen a small bedrock production well within 30 days of receiving a complete request.

(f) The department shall approve a request to hydrofracture or deepen an existing small bedrock production well only if:

(1) The information submitted is complete and correct; and

(2) The applicant demonstrates all of the following:

a. The project is necessary to meet approved source capacity and will not be used to expand the water system or for water use beyond the approved source capacity;

b. The well will not be subject to flooding at the 100-year recurrence interval; and

c. There is no contamination in the vicinity of the well that is likely to reach the well as a result of the hydrofracturing or deepening to recover lost yield from withdrawal.

(g) If the department denies a request to hydrofracture or deepen an existing small bedrock production well because the applicant fails to demonstrate conditions listed in (f), above, the applicant shall meet all requirements for new small production wells described in Env-Dw 305.05(a) prior to hydrofracturing or deepening the well.

(h) Upon hydrofracturing or deepening a small bedrock production well in accordance with the requirements of this section, the applicant shall:

(1) Purge the well for a period of at least 6 hours at maximum capacity of the well, but not in excess of the capacity previously established or permitted for the well;

(2) Record the water level and pumping rate at least once every hour during the purge test completed in accordance with (1), above;

(3) After purging the well in accordance with (1), above, collect a water quality sample in accordance with Env-Dw 305.15(b)(3) through (5); and

(4) Submit the water level, pumping rate and water quality laboratory results to the department within 60 days of hydrofracturing or deepening the well to demonstrate that acceptable water quality can be delivered by the well, provided that for parameters that exceed primary or secondary maximum contaminant levels under Env-Dw 702 through 706, treatment or other management techniques may be used if approved by the department in accordance with Env-Dw 405.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.34 When An Existing Small Production Well Can Be Replaced

A small CWS may proceed under Env-Dw 305.35 if:

(a) A new well is needed to replace an existing small production well in order to:

(1) Regain lost well capacity and meet the source capacity requirements established in Env-Dw 405; or

(2) Meet current water quality requirements established in Env-Dw 702 through 706; and

(b) The supplier of water submits information that demonstrates:

(1) The replacement well is needed because:

a. The yield from the existing small production well has declined below that needed to meet the water supply source capacity requirements of existing customers; or

b. Treatment to meet current drinking water standards is either not possible or not cost-effective;

(2) The replacement well will not be used to expand the CWS or to supply water above the approved or established capacity of the well to be replaced;

(3) The replacement well will be installed in the same aquifer as that of the well being replaced;

(4) The replacement well will meet all setback requirements specified in Env-Dw 305.09; and

(5) There is no contamination in the vicinity of the replacement well that is likely to reach the wellhead as a result of the change in the location of the well.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.35 Procedure and Criteria for Approval of Replacement Wells

(a) A small CWS proposing to replace any active small production well shall submit a request to the department that contains the following information:

(1) The name, mailing address, email address, and daytime telephone number of the supplier of water and the supplier’s authorized representative;

(2) The name and PWS identifier of the CWS;

(3) The source capacity requirements for the system established during design approval in accordance with Env-Dw 405;

(4) Such explanations and information as are needed to demonstrate that the criteria of Env-Dw 305.34(b) are met;

(5) A site plan and description of all land uses in the sanitary protective area of the replacement well and any measures that need to be taken to achieve compliance with Env-Dw 305.10;

(6) A current tax map showing property boundaries, well location, eased areas, sanitary protection area, and lot owners;

(7) A description of the replacement well in relation to surface water, wetlands, and the 100-year flood zone and any department-approved measures, if applicable, taken to elevate the permanent well casing;

(8) A plan for:

a. Conducting a constant rate pumping test of the replacement well for at least 24 hours at the previously-established permitted production volume of the well being replaced; and

b. Collecting a water quality sample in accordance with Env-Dw 305.15(b); and

(9) A plan for sealing the well that is being replaced in accordance with We 600, provided that if the well will not or cannot be sealed, the applicant shall submit a water conservation plan in accordance with Env-Wq 2101.

(b) The department shall authorize the supplier of water to install the replacement well and conduct the pumping test and sample collection and analysis if the information submitted pursuant to (a), above, demonstrates that the replacement well is needed and is likely to meet the criteria for approving the replacement well.

(c) Subsequent to the pumping test and water sampling and analysis, the supplier of water shall submit the results of the pumping test, the laboratory results from the sample, and a copy of the well completion report filed in accordance with We 800 to the department.

(d) The department shall approve the replacement well for the previously-approved capacity of the well being replaced or the sustainable yield of the replacement well as tested, whichever is less, within 30 days of receiving all of the information required by (c), above, if:

(1) The pumping test results demonstrate a sustainable yield for the replacement well and document the total drawdown at the end of the test;

(2) The water quality laboratory results from the sample collected at the end of the pumping test demonstrate that acceptable water quality can be delivered by the well, provided that for parameters that exceed primary or secondary maximum contaminant levels under Env-Dw 702 through 706, treatment or other management techniques may be used if approved by the department in accordance with Env-Dw 405;

(3) The requirements of (a)(10), above, have been met by:

a. A statement provided by a NH licensed water well contractor that:

The existing well has been abandoned in accordance with We 600; or
The well cannot be abandoned as required; and

b. If the well cannot be abandoned, a statement from the applicant that a water conservation plan developed in accordance with Env-Wq 2101 has been submitted and approved by the department;

(4) The well completion report for the replacement well was prepared and filed in accordance with We 800; and

(5) The applicant has documented that the sanitary protective area requirements established in Env-Dw 305.10 have been met, or improvements have been made to minimize the risk of contamination.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

N.H. Code Admin. R. Ann. Env-Dw 305.36 Waivers

Any applicant or supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so as specified in Env-Dw 202.

Appendix A: Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Dw 301

RSA 485:1; RSA 485:8; RSA 485:48

Env-Dw 302.01 through Env-Dw 302.35

RSA 485:2,V; RSA 485:3, IX and XII; RSA 485:8;

RSA 485:48

Env-Dw 302.36

RSA 541-A:22, IV

Env-Dw 303.01 - Env-Dw 303.27

RSA 485:1, II(g)

Env-Dw 303.28

RSA 541-A:22, IV

Env-Dw 304 (see also specific section listed below)

RSA 485:3, I(c); RSA 485:8, II; RSA 485:10; RSA 485:40; RSA 485:41, II

Env-Dw 304.10

RSA 541-A:22, IV

Env-Dw 305.01 - Env-Dw 305.35

RSA 485:3, I(c), IX, & XII; RSA 485:8; RSA 485:48

Env-Dw 305.36

RSA 541-A:22, IV

Appendix B: Statutory Definitions

RSA 482-A: 2

X. “Wetlands” means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

RSA 485:1-a

RSA 485-C:2

IV. “Contributing area” means the land above a class of groundwater, which is the vertical projection of the defined class on the land surface.

VIII. “Groundwater” means subsurface water that occurs beneath the water table in soils and geologic formations.

IX-a. “Large groundwater withdrawal” means any withdrawal from groundwater of 57,600 gallons or more of water in any 24-hour period at a single property or place of business except withdrawals associated with short-term use.

XIII. “Regulated contaminant” means any physical, chemical, biological, radiological substance or other matter, other than naturally occurring substances at naturally occurring levels, in water which adversely affects human health or the environment.

XIII-a. “Replacement well” means a new well installed to replace or back-up an existing well that operates and impacts water users and water resources in substantially the same manner as the well that is being replaced.

XVII. “Well” means a hole or shaft sunk into the earth to observe, sample, or withdraw groundwater.

XVIII. “Wellhead protection area” means the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield.

History

(See Revision Note #1 at part heading for Env-Dw 305) #9007, eff 10-19-07, ss by #11062, eff 4-1-16 (See Revision Note #2 at part heading for Env-Dw 305)

Chapter Env-Dw 400 Public Water System Classification and Design

Part Env-Dw 401 Public Water System Classification

N.H. Code Admin. R. Ann. Env-Dw 401.01 Applicability.

Statutory Authority: RSA 485:1, II(c); RSA 485:3, I; RSA 485:8, I & II

Revision Note:

Document #10608, effective 6-1-14, adopted Env-Dw 401.01 through Env-Dw 401.03 within a new Part Env-Dw 401 entitled “PWS Classification; Well Siting Requirements; Hydrogeologic and Engineering Studies” and within a new Chapter Env-Dw 400 entitled “Public Water System Classification and Design.” Document #10608 also readopted with amendments and renumbered former rules Env-Ws 303.04 entitled “Siting Requirements” and Env-Ws 303.06 entitled “Hydrogeologic or Engineering Study” under a new subtitle as Env-Dw 401.04 and Env-Dw 401.05, respectively. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

The former rules Env-Ws 303.03 and Env-Ws 303.06 had last been filed under Document #8498, effective 11-30-05, which had adopted Env-Ws 303.03 and Env-Ws 303.06. These rules did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10608, effective 6-1-14.

This chapter applies to public water systems (PWS)s, as defined in RSA 485:I-a, XV.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 401.02 Classification as Community Water System

(a) The department shall classify a PWS as a community water system (CWS) if:

(1) The dwellings, units, or other structures served by the system are suitable for year-round occupancy;

(2) The calculation of the number of year-round residents does not include weekend, seasonal, or other transient or temporary occupants; and

(3) Based on (1) and (2) above, the definition of community water system in RSA 485:1-a, I, is met.

(b) For purposes of (a)(1) above, a dwelling, unit, or other structure shall be considered suitable for year-round occupancy if it:

(1) Has insulation, a heating system, a year-round potable water supply, and indoor plumbing; and

(2) Is served by a wastewater disposal system that does not discharge untreated waste directly to surface waters and an alternating current electric power supply.

(c) The department shall classify a PWS as a CWS if the PWS will ultimately serve a permanent year-round residential population, even if it initially serves only weekend, seasonal, or other transient or temporary occupants.

(d) Subject to (e), below, the department shall determine the population being served by:

(1) For units with 2 or more bedrooms, using an occupancy of 2.5 people per unit;

(2) For units with less than 2 bedrooms, such as efficiency apartments, elderly housing units, or other similar types of residences, using an occupancy of 1.5 people per unit; or

(3) Analyzing an overlay of water system distribution lines with the most recent U.S. government census estimate using geographic information system data.

(e) If the PWS owner has existing customer records that show a different population than is calculated pursuant to (d) above, the owner may submit the data to the department for purposes of the department’s calculations.

History

(See Revision Note at part heading for Env-Dw 401) #10608, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 401.01)

N.H. Code Admin. R. Ann. Env-Dw 401.03 Classification as Non-Community Water System

(a) The owner of a CWS may request the department to classify the system as a non-community water system by submitting the following to the department in writing:

(1) A sworn affidavit attesting that fewer than 25 people reside at the location for greater than or equal to 6 months per year;

(2) Flow records from the system, including from each source which is part of the system for at least the 2 most recent years; and

(3) One or more of the following types of documentation to demonstrate that the statement provided pursuant to (1) above, is true, complete, and not misleading:

a. Voter registration location for each occupant;

b. Tax records listing the permanent residence for each occupant;

c. Driver’s licenses for each occupant; or

d. The lease or deed restriction, association by-laws, or legal instrument that limits occupancy by the same people to less than 6 months per year.

(b) The department shall classify a PWS as a non-community water system if the water system is designed to regularly serve 25 or more people per day for 60 or more days per year but is not a CWS.

(c) The department shall classify a PWS serving a kindergarten or day care center as a non-transient non-community water system if the water system serves 25 or more people, including children and staff, over a 6 month or longer period, as determined by the license issued for such kindergarten or day care center pursuant to the child care licensing program of the New Hampshire department of health and human services.

History

(See Revision Note at part heading for Env-Dw 401) #10608, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 401.02)

N.H. Code Admin. R. Ann. Env-Dw 401.04 Availability of Information; Updates Required

(a) The owner shall:

(1) Update the information submitted pursuant to Env-Dw 401.03(a) as necessary; and

(2) Make the information available for review and verification during an inspection of the water system or upon request by the department.

(b) If the number of year-round residents changes, the owner shall notify the department as soon as practicable but no later than 30 days after learning of the change.

History

(See Revision Note at part heading for Env-Dw 401) #10608, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 401.03)

Part Env-Dw 402 Design Standards for All Public Water Systems

N.H. Code Admin. R. Ann. Env-Dw 402.01 Applicability

Revision Note:

Document #10609, effective 6-1-14, readopted with amendments and renumbered former rules Env-Ws 370.01 through Env-Ws 370.05 in Part Env-Ws 370 , entitled “General Design Standards: Serving 1,000 or More People”, under a new subtitle as Env-Dw 402.01 through Env-Dw 402.05, within a new Part Env-Dw 402. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. Document #10609 also readopted with amendments and renumbered former rule Env-Ws 344.01, entitled “Treatment of Contaminants by Flow Mix”, as Env-Dw 402.08.

The former rules Env-Ws 370.01 through Env-Ws 370.05 had last been filed under Document #8477, effective 11-30-05, and former rule Env-Ws 344.01 had last been filed under Document #8497, effective 11-30-05. These rules did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10609, effective 6-1-14.

Document #10609 replaces all prior filings for the former rules Env-Ws 370.01 through Env-Ws 370.05 and Env-Ws 344.01. The prior filings for former rules Env-Ws 370.01 through Env-Ws 370.05 and Env-Ws 344.01, beginning as noted below with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

Env-Ws 370.01-370.03 Env-Ws 370.04 Env-Ws 370.05

#6521, eff 6-4-97 #7105, eff 9-23-99 #7499, eff 5-25-01

#8360, INTERIM, eff 6-4-05 #8477, eff 11-30-05 #8351, eff 5-14-05

#8477, eff 11-30-05 #8477, eff 11-30-05

Env-Ws 344.01

#6521, eff 6-4-97

#8360, INTERIM, eff 6-4-05

#8497, eff 11-30-05

The rules of this part shall apply to all PWSs, as defined in Env-Dw 103.45.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 402.02 Approvals Required

No person shall construct, modify, expand, or enlarge a PWS until all required state and local approvals, including water system design approval pursuant to this chapter, have been obtained.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 402.03 Application Fee

(a) As specified in RSA 485:8, III, the applicant shall pay an application fee for the review of new PWSs or existing PWSs where conversion from transient use to residential use is proposed.

(b) As required by RSA 485:8, IV, the applicant shall submit the fee payment at the time of the design review submission.

(c) The amount of the fee shall be based on the number of residential-type or residential-equivalent units proposed to be served by the new PWS, determined as follows:

(1) For residential-type units, the fee shall be as stated in RSA 485:8, III per unit, regardless of the size of the residential units; and

(2) For non-residential uses, the fee shall be as stated in RSA 485:8, III per residential-equivalent unit, rounded off to the nearest full residential-equivalent unit.

(d) A residential-equivalent unit shall be a design flow of 300 gallons per day (gpd).

(e) The department shall determine the number of units the system is designed to accommodate based on the applicant’s system design parameters, proposed plans for additional construction, and other factors bearing on the ultimate system demand.

(f) Any application for expansion within 2 years of the initial submittal shall be deemed part of the initial water system design and therefore subject to the fee.

(g) The maximum fee shall be based on 175 residential units, residential-equivalent units, or a combination of both.

(h) The minimum fee shall be based on 2 residential-equivalent units.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 402.04 Constructed Conveyances; Distribution Systems

No constructed conveyance that is open or that is designed to be open shall be used in any part of any distribution system that provides drinking water to any member of the public. Examples of open conveyances that shall be prohibited include but are not limited to open trenches and aqueducts.

History

(See Revision Note at part heading for Env-Dw 402) #10609, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 402.05)

N.H. Code Admin. R. Ann. Env-Dw 402.05 Treatment of Contaminants by Flow Mix

(a) For the purpose of this section, “flow mix” means a treatment technique where the flow of water from one or more sources having a particular contaminant exceeding an MCL is combined with flow from one or more different sources having that contaminant below the MCL, so that the resultant flow is reliably and consistently below the MCL for that contaminant.

(b) The owner of a PWS shall use flow mix as a treatment alternative only:

(1) For contaminants in excess of the MCL specified in Env-Dw 703 through Env-Dw 706; and

(2) In accordance with this section.

(1) Inform the department that the PWS intends to use the flow mix treatment method; and

(2) Submit to the department flow mix calculations based on analyses of its water sources performed within the past 6 years, or a shorter record that demonstrates consistency of quality, that include the concentration and volume ratios proposed to be used for each source that demonstrate that the criteria of (d), below, will be met.

(d) The department shall approve the use of flow mix if the information submitted pursuant to (c) above, demonstrates that when the sources are combined at the correct ratio, the concentration level of the contaminant proposed to be treated by flow mixing will be reliably and consistently below the applicable MCL.

(e) The equipment used to control, verify, and document proper flow mix treatment shall include:

(1) One control circuitry for all sources proposed for flow mix;

(2) Flow meters installed to measure the output from each source to be used;

(3) A rate of flow controller, either electronic, such as a variable frequency drive, or mechanical, such as a throttling valve, for each source to allow that source's output to be regulated;

(4) An isolation valve for the mixture; and

(5) A sample tap with a smooth outlet nozzle for each source and for the mixture.

(f) The owner shall submit, on a quarterly basis:

(1) Records to document the actual source flows and the calculated, concentration-weighted ratio of the mixture on a monthly calculation basis; and

(2) Certification that the established flow mix ratios have been followed.

(g) A water quality sample shall be taken and analyzed:

(1) From each source on an annual basis; and

(2) Of the mixture on a quarterly basis.

History

(See Revision Note at part heading for Env-Dw 402) #10609, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 402.06)

N.H. Code Admin. R. Ann. Env-Dw 402.06 Quality of Products and Workmanship

The quality, materials, and workmanship standards of the American Water Works Association (AWWA), specified in Table 402-1 below and available as noted in Appendix B, shall apply to all public water systems relative to construction, operation, and maintenance activities regulated by Env-Dw 300 and Env-Dw 401 through Env-Dw 406.

Table 402-1

Standards of the AWWA

STANDARD CATEGORY

Subcategory (if any)

Number

Edition

Title of Standard

SOURCE

Groundwater and Wells

A100-20

2020

Water Wells

TREATMENT

Filtration

B100-16

2016

Granular Filter Material

B101-22

2022

Precoat Filter Media

B102-15(R20)

2015

Manganese Greensand for Filters

B112-19

2019

Microfiltration and Ultrafiltration Membrane Systems

B114-22

2022

Reverse Osmosis and Nanofiltration Systems for Water Treatment

B116-19

2019

Electrodialysis and Ion-Exchange Membrane Systems

B130-23

2023

Membrane Bioreactor Systems

Softening

B200-22

2022

Sodium Chloride

B201-18

2018

Soda Ash

B202-19

2019

Quicklime and Hydrated Lime

Disinfection Chemicals

B300-24

2024

Hypochlorites

B301-24

2024

Liquid Chlorine

B302-23

2023

Ammonium Sulfate

B303-18

2018

Sodium Chlorite

B304-21

2021

Liquid Oxygen for Ozone Generation for Water, Wastewater, and Reclaimed Water Systems

B305-22

2022

Anhydrous Ammonia

B306-22

2022

Aqua Ammonia (Liquid Ammonium Hydroxide)

Coagulation

B402-18

2018

Ferrous Sulfate

B403-24

2024

Aluminum Sulfate-Liquid, Ground, or Lump

B404-22

2022

Liquid Sodium Silicate

B405-24

2024

Sodium Aluminate

B406-20

2020

Ferric Sulfate

B407-18

2018

Liquid Ferric Chloride

B408-18

2018

Liquid Polyaluminum Chloride

B451-23

2023

Poly (Diallyldimethylammonium Chloride)

B452-20

2020

EPI-DMA Polyamines

B453-19

2019

Polyacrylamide

Scale and Corrosion Control

B501-19

2019

Sodium Hydroxide (Caustic Soda)

B502-23

2023

Sodium Polyphosphate, Glassy (Sodium Hexametaphosphate)

B503-23

2023

Sodium Tripolyphosphate

B504-18

2018

Monosodium Phosphate, Anhydrous and Liquid

B505-18

2018

Disodium Phosphate, Anhydrous

B506-18

2018

Zinc Orthophosphate

B507-23

2023

Phosphoric Acid

B510-18

2018

Carbon Dioxide

B511-23

2023

Potassium Hydroxide

B512-23

2023

Sulfur Dioxide

B550-23

2023

Calcium Chloride

Taste and Odor Control

B600-16

2016

Powdered Activated Carbon

B601-17

2017

Sodium Metabisulfite

B602-17

2017

Copper Sulfate

B603-23

2023

Permanganates

B604-18

2018

Granular Activated Carbon

B605-18

2018

Reactivation of Granulated Activated Carbon

Fluorides

B701-24

2024

Sodium Fluoride

B702-24

2024

Sodium Fluorosilicate

B703-19

2019

Fluorosilicic Acid

PIPE AND ACCESSORIES

Ductile-Iron Pipe and Fittings

C104/A21.4-22

2022

Cement-Mortar Lining for Ductile-Iron Pipe and Fittings

C105/A21.5-18

2018

Polyethylene Encasement for Ductile-Iron Pipe Systems

C110/A21.10-21

2021

Ductile-Iron and Gray- Iron Fittings

C111/A21.11-23

2023

Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings

C115/A21.15-20

2020

Flanged Ductile-Iron PipeWith Ductile-Iron or Gray-Iron Threaded Flanges

C116/A21.16-22

2022

Protective Fusion-Bonded Epoxy

Coatings for the Interior and Exterior Surfaces of Ductile-Iron and Gray-Iron Fittings

C150/A21.50-(R23)

2021

Thickness Design of Ductile-Iron Pipe

C151/A21.51-23

2023

Ductile-Iron Pipe, Centrifugally Cast

C153/A21.53-19

2019

Ductile-Iron Compact Fittings

Steel Pipe

C200-23

2023

Steel Water Pipe, 6 in. (150 mm) and Larger

C203-20

2020

Coal-Tar Protective Coatings and Linings for Steel Water Pipe

C205-18

2018

Cement-Mortar Protective Lining and Coating for Steel Water Pipe--4 in. (100 mm) and Larger--Shop Applied

C206-23

2023

Field Welding of Steel Water Pipe

C207-23

2023

Steel Pipe Flanges for Waterworks Service,-Sizes 4 in. through 144 in. (100 mm through 3,600 mm)

C208-22

2022

Dimensions for Fabricated Steel Water Pipe Fittings

C209-19

2019

Tape Coatings for Steel Water Pipe and Fittings

C210-24

2024

Liquid-Epoxy Coatings and Linings Steel Water Pipe and Fittings

(C210a-20 Addendum Incorporated)

C213-22

2022

Fusion-Bonded Epoxy Coatings and Linings for Steel Water Pipe and Fittings

C214-20

2020

Machine-Applied Polyolefin Tape Coatings Steel Water Pipe

C215-22

2022

Extruded Polyolefin Coatings for Steel Water Pipelines

C216-22

2022

Heat-Shrinkable Cross-Linked Polyolefin Coatings for Steel Water Pipe and Fittings

C217-23

2023

Microcrystalline Wax and Petrolatum Tape Coatings Systems for Steel Water Pipe and Fittings

C218-23

2023

Liquid Coatings for Aboveground Steel Water Pipe and Fittings

C219-23

2023

Bolted, Sleeve-Type Couplings for Plain-End Pipe

C220-23

2023

Stainless-Steel Pipe, ½ 4 in. (13 mm) and Larger

C221-24

2024

Fabricated Steel Mechanical Slip-Type Expansion Joints

C222-18

2018

Polyurethane Coatings and Linings for Steel Water Pipe and Fittings

C223-19

2019

Fabricated Steel and Stainless-Steel Tapping Sleeves

C224-24

2024

Nylon-11-Based Polyamide Coatings System for the Interior and Exterior of Steel Water Pipe, Connections, Fittings, and Special Sections

C225-20

2020

Fused Polyolefin Coatings Steel Water Pipe

C226-19

2019

Stainless-Steel Fittings for Waterworks Service, Sizes ½ In. Through 72 In. (13 mm Through 1,800 mm)

C227-22

2022

Bolted, Split-Sleeve Couplings for Plain-End Pipe

C228-19

2019

Stainless-Steel Pipe Flange Joints for Water Service – Sizes 2 In. Through 72 In. (50 mm Through 1,800 mm)

C229-20

2020

Fusion-Bonded Polyethylene Coatings for Steel Water Pipe and Fittings

C230-22

2022

Stainless-Steel Full-Encirclement Repair and Service Connection Clamps for 2-In. Through 12-In. (50-mm

Through 300-mm) Pipe

C231-24

2024

Field Welding of Stainless Steel Water Pipe

C232-22

2022

Viscoelastic Coatings for Steel Water Pipe and Fittings

Concrete Pipe

C300-22

2022

Reinforced Concrete Pressure Pipe, Steel-Cylinder Type

C301-14(R19)

2014

Prestressed Concrete Pressure Pipe, Steel-Cylinder Type

C302-22

2022

Reinforced Concrete Pressure Pipe, Noncylinder Type

C303-24

2024

Concrete Pressure Pipe, Bar-Wrapped, Steel-Cylinder Type

C304-14(R19)

2014

Design of Prestressed Concrete Cylinder Pipe

C305-24

2024

CFRP Renewal and Strengthening of Prestressed Concrete Cylinder Pipe (PCCP)

Valves and Hydrants

C500-19

2019

Metal-Seated Gate Valves for Water Supply Service

C502-18

2018

Dry-Barrel Fire Hydrants

C503-21

2021

Wet-Barrel Fire Hydrants

C504-23

2023

Rubber-Seated Butterfly Valves

C507-23

2023

Ball Valves 4 in. through 60 in. (100 mm Through

1,500 mm)

C508-17

2017

Swing-Check Valves for Waterworks Service, 2 in. Through 24 in. (50 mm through 600 mm) NPS

C509-23

2023

Resilient-Seated Gate Valves for Water Supply Service

C510-17(R21)

2017

Double Check Valve Backflow Prevention Assembly

C511-17(R21)

2017

Reduced-Pressure Principle Backflow Prevention Assembly

C512-15

2015

Air Release, Air/Vacuum, and Combination Air Valves for

Water and Wastewater Service

C514-20

2020

Air Valve and Vent Inflow Preventer Assemblies for

Potable Water Distribution System and Storage Facilities

C515-20

2020

Reduced-Wall, Resilient-Seated Gate Valves for Water Supply Service

C516-21

2021

Large-Diameter Rubber-Seated Butterfly Valves, Sizes 78

In. (2,000 mm) and Larger

C517-16(R21)

2016

Resilient-Seated Cast-Iron Eccentric Plug Valves

C518-18

2018

Double-Disc Swing-Check Valves for Waterworks Service, 2 In. Through 48 In. (50 mm Through 1,200 mm) NPS

C519-18

2018

High-Performance Waterworks Butterfly Valves – 3 In. (75 mm) Through 60 In. (1,500 mm)

C520-24

2024

Knife Gate Valves, Sizes 2 In. (50 mm) Through 96 In. (2,400 mm)

C521-23

2023

Plastic Ball Valves

C522-22

2022

Rotary Cone Valves, 6 In. Through 60 In. (150 mm Through 1,500 mm)

C530-22

2022

Pilot-Operated Control Valves

C541-16(R21)

2016

Hydraulic and Pneumatic Cylinder and Vane-Type Actuators for Valves and Slide Gates

C542-16(R21)

2016

Electric Motor Actuators for Valves and Slide Gates

C550-17

2017

Protective Interior Coatings for Valves and Hydrants

C560-21

2021

Cast-Iron Slide Gates

C561-21

2021

Fabricated Stainless-Steel Slide Gates

C562-21

2021

Fabricated Aluminum Slide Gates

C563-21

2021

Fabricated Composite Slide Gates

PIPE INSTALLATION

C600-23

2023

Installation of Ductile-Iron Water Mains and Their Appurtenances

C602-23

2023

Cement-Mortar Lining of Water Pipelines in Place -- 4 in. (100 mm) and Larger

C604-17

2017

Installation of Buried Steel Water Pipe – 4 In. (100 mm) and Larger

C605-21

2021

Underground Installation of Polyvinyl Chloride (PVC) and Molecularly Oriented Polyvinyl Chloride (PVCO)

Pressure Pipe and Fittings

C606-22

2022

Grooved and Shouldered Joints

C620-19

2019

Spray-In-Place Polymeric Lining for Potable Water Pipelines 4 In. (100 mm) and Larger

C621-18

2018

Internal Pipe Joint Seal Assemblies for Water Service

C622-19

2019

Pipe Bursting of Potable Water Mains 4 In. (100 mm) to 36 In. (900 mm)

C623-22

2022

Cured-In-Place Pipe (CIPP) Rehabilitation of Pressurized

Potable Water Pipelines, 4 In. (100 mm) and Larger

DISINFECTION OF FACILITIES

C651-23

2023

Disinfecting Water Mains

C652-19

2019

Disinfection of Water-Storage Facilities

C653-20

2020

Disinfection of Water Treatment Plants

C654-21

2021

Disinfection of Wells

C655-18

2018

Field Dechlorination

C670-20

2020

Online Chlorine Analyzer Operation and Maintenance

C671-21

2021

Online Turbidimeter Operation and Maintenance

METERS

C700-20

2020

Cold-Water Meters – Displacement Type, Bronze Main Case

C701-19

2019

Cold-Water Meters – Turbine Type, for Customer Service

C702-19

2019

Cold-Water Meters – Compound Type

C703-19

2019

Cold-Water Meters – Fire-Service Type

C704-19

2019

Propeller-Type Meters for Waterworks Applications

C707-22

2022

Encoder-Type Remote-Registration Systems for Cold-Water Meters

C708-19

2019

Cold-Water Meters – Multi-jet Type

C710-20

2020

Cold-Water Meters – Displacement Type, Plastic Main Case

C712-19

2019

Cold-Water Meters – Singlejet Type

C713-19

2019

Cold-Water Meters – Fluidic-Oscillator Type

C714-19

2019

Cold-Water Meters for Residential Fire Sprinkler

Systems in One- and Two-Family Dwellings and Manufactured Homes

C715-18(R22)

2018

Cold-Water Meters – Electromagnetic and Ultrasonic Type, for Revenue Applications

C750-19(R23)

2019

Transit-Time Flowmeters in Full Closed Conduits

C751-19(R23)

2019

Magnetic Inductive Flowmeters

SERVICE LINES

C800-21

2021

Underground Service Line Valves and Fittings

C810-17

2017

Replacement and Flushing of Lead Service Lines

PLASTIC PIPE

C900-22

2022

Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 in. through 60 in. (100 mm Through 1,500

mm)

C901-20

2020

Polyethylene (PE) Pressure Pipe and Tubing, ¾ in. (19 mm) through 3 in. (76 mm), for Water Service

C903-21

2021

Polyethylene-Aluminum-Polyethylene (PE-AL-PE) Composite Pressure Pipes, 12 mm (1/2 In.) Through 51 mm (2 In.), for Water Service

C904-22

2022

Crosslinked Polyethylene (PEX) Pressure Tubing, ½ In. (13 mm) Through 3 In. (76 mm), for Water Service

C906-21

2021

Polyethylene (PE) Pressure Pipe and Fittings, 4 in. through

65 in. (100 mm through 1,650 mm), for Waterworks

C907-23

2023

Injection-Molded Polyvinyl Chloride (PVC) Pressure

Fittings, 4 in. through 12 in. (100 mm through 300 mm) for Water, Wastewater, and Reclaimed Water Services.

C909-22

2022

Molecularly Oriented Polyvinyl Chloride (PVCO) Pressure

Pipe, 4 In.- 24 In. (100 mm-600 mm), for Water, Wastewater, and Reclaimed Water Service

C950-20

2020

Fiberglass Pressure Pipe

STORAGE

D100-21

2021

Welded Carbon Steel Tanks for Water Storage

D101-24

2024

Evaluation of Steel Water Tanks and Related Facilities

D102-24

2024

Coating Steel Water-Storage Tanks

D103-19

2019

Factory-Coated Bolted Carbon Steel Tanks for Water Storage

D104-23

2023

Automatically Controlled, Impressed-Current Cathodic Protection for the Interior Submerged Surfaces of Steel Water Storage Tanks

D106-20

2020

Sacrificial Anode Cathodic Protection Systems for the Interior Submerged Surfaces of Steel Water Storage

Tanks

D107-16

2016

Composite Elevated Tanks for Water Storage

D108-19

2019

Aluminum Dome Roofs for Water Storage Facilities

D110-13(R18)

2013

Wire- and Strand-Wound, Circular, Prestressed- Concrete Water Tanks

D115-20

2020

Tendon-Prestressed Concrete Water Tanks

D120-19

2019

Thermosetting Fiberglass-Reinforced Plastic Tanks

D121-12

2012

Bolted Aboveground Thermosetting Fiberglass-Reinforced Plastic Panel-Type Tanks for Water Storage

D130-11(R19)

2011

Geomembrane Materials for Potable-Water Storage

Applications

PUMPS

E102-23

2023

Submersible Vertical Turbine Pumps

E103-21

2021

Horizontal Centrifugal and Vertical Line Shaft Pumps

E110-22

2022

Solids Handling Pumps for Wastewater Applications

E200-23

2023

Progressive Cavity Chemical Metering Pumps

PLANT EQUIPMENT

F101-19

2019

Contact-Molded, Fiberglass-Reinforced Plastic Wash- Water Troughs and Launders

F102-19

2019

Matched-Die-Molded, Fiberglass-Reinforced Plastic Weir Plates, Scum Baffles, and Mounting Brackets

F110-22

2022

Ultraviolet Disinfection Systems for Drinking Water

F120-18

2018

Ozone Systems for Water

F130-22

2022

Aeration Systems for Biological Wastewater Treatment

History

#14158, eff 12-25-24 (formerly Env-Dw 402.03 and Env-Dw 407.01)

Part Env-Dw 403 Coatings, Additives, and Lead Prohibition

N.H. Code Admin. R. Ann. Env-Dw 403.01 Coatings, Surfaces, and Additives

Revision Note:

Document #10610, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 305, entitled “Coatings and Additives; Lead Prohibition”, under a new subtitle as Part Env-Dw 403, entitled “Coatings, Additives, and Lead Prohibition”. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

The former Part Env-Ws 305 had last been filed under Document #8498, effective 11-30-05. The rules in former Part Env-Ws 305 did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10610, effective 6-1-14.

Document #10610 replaces all prior filings for the rules formerly in Env-Ws 305. The prior filings for rules in the former Env-Ws 305, beginning with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

#6521, eff 6-4-97

#8360, INTERIM, eff 6-4-05

#8498, eff 11-30-05

(a) All chemicals added to drinking water and all coatings and surfaces in contact with drinking water shall be tested and certified in accordance with the applicable direct and indirect additives standards “Drinking Water Treatment Chemicals – Health Effects”, (60) American National Standards Institute (ANSI) document identification number NSF/ANSI 60-2024, American National Standards Institute, 2024, available as specified in Appendix B, and “Drinking Water System Components – Health Effects”, (61) ANSI document identification number NSF/ANSI 61-2023, American National Standards Institute, 2023, available as specified in Appendix B.

(b) For chemicals, the original producer of the product shall obtain the certification. Repackers of chemicals shall not be required to obtain separate certification, provided however, that repackers shall self-certify that the cleanliness of their procedures and purity of the resultant product is equivalent to that required of the original manufacturer.

(d) Agencies or firms providing testing and certification for others shall be certified by NSF and the

ANSI.

History

(See Revision Note at part heading for Env-Dw 403) #10610, eff 6-1-14; ss by #14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 403.02 Prohibition on Use of Lead Pipes, Solder, and Flux

(a) All pipes, pipe or plumbing fittings or fixtures, backflow preventers, solder, and flux used in or on drinking water plumbing shall be lead free as defined in 40 CFR 143.12, 7-1-24 edition.

(b) This section shall not apply to leaded joints necessary for the repair of cast iron pipes but shall otherwise apply to the installation or repair of:

(1) Any public water system; and

(2) Any plumbing in a residential or non-residential facility providing water for human consumption which is connected to a public water system.

(c) As provided by the federal Safe Drinking Water Amendments of 1986 and 40 CFR 143.13 the requirements of (a) above, shall apply notwithstanding any contrary provision in the state or local plumbing codes or the rules of the state board for the licensing and regulation of plumbers.

History

(See Revision Note at part heading for Env-Dw 403) #10610, eff 6-1-14; ss by #12181, eff 5-23-17; ss by #14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 403.03 Distribution Piping Materials Inventory

(a) The owner or operator (O/O) of a community water system (CWS) shall identify and report to the department whether the following construction materials are present in the distribution system of the CWS:

(1) Lead from piping, solder, caulking, interior lining of distribution mains, alloys, and home plumbing;

(2) Copper from piping and alloys, service lines, and home plumbing;

(3) Galvanized piping, service lines, and home plumbing;

(4) Ferrous piping materials such as cast iron and steel; and

(5) Asbestos cement pipe.

(b) The O/O shall maintain and update as necessary a lead service line inventory and lead service line replacement plan meeting the requirements of 40 CFR 141 Subpart I, 7-1-24 edition.

History

#12181, eff 5-23-17; ss by #14158, eff 12-25-24

Part Env-Dw 404 Design Standards for Large Community Water Systems and Community Water Systems Serving Fire Protection Hydrants

N.H. Code Admin. R. Ann. Env-Dw 404.01 Applicability

Revision Note:

Document #10611, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 374 under a new subtitle as Part Env-Dw 404. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

The former Part Env-Ws 374 had last been filed under Document #8478, effective 11-30-05. The rules in former Part Env-Ws 374 did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10611, effective 6-1-14.

Document #10611 replaces all prior filings for the rules formerly in Env-Ws 374. The prior filings for rules in the former Env-Ws 374, beginning with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

#6521, eff 6-4-97 (as Env-Ws 375)

#8360, INTERIM, eff 6-4-05 (as Env-Ws 375)

#8478, eff 11-30-05

(a) The rules of this part shall apply to CWSs, as defined in Env-Dw 103.11, that are large community water systems as defined in Env-Dw 103.27, have fire protection provided by street hydrants, or use surface water as a source of water supply.

(b) Requirements for small community water systems as defined in Env-Dw 103.55 are set forth in Env-Dw 302, Env-Dw 305, and Env-Dw 405, as applicable.

(c) For existing large CWSs that propose to expand or be modified, the design criteria of this part shall apply only to the component(s) of the CWS affected by the proposed expansion, modification, or both. For the purposes of this section, “modified” means altered, added to, or enlarged.

(d) No person shall connect a new or existing well to a large CWS without prior approval obtained in accordance with Env-Dw 302 and this part.

(e) Any existing water supply source for a large CWS that has not previously been approved by the department shall meet the requirements specified in Env-Dw 302.

(f) No person shall start up a large CWS without obtaining approval for the final design in accordance with Env-Dw 404.03 and without completing the post-construction procedures required by Env-Dw 404.06.

(g) No person shall connect a large CWS to any other PWS without obtaining approval for the final design in accordance with Env-Dw 404.03 and without completing the post-construction procedures required by Env-Dw 404.06.

(h) Subject to (i) below, no person shall perform modifications to an existing large CWS collection, treatment, storage, or distribution facility, including hydraulic and pumping infrastructure, that could adversely affect public health, without approval from the department in accordance with Env-Dw 404.09 below.

(i) Examples of modifications that could adversely affect public health include, but are not limited to, addition or replacement of storage tanks, water treatment facilities, pumping facilities, and distribution piping or addition of service connections.

(j) Replacement of 500 feet, or less, of piping with no new service connections or change in pipe size shall not require approval from the department provided the piping is replaced in accordance with the design criteria in Env-Dw 404.04 and Env-Dw 404.05.

History

(See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.02 Application Procedures

(a) An applicant requesting approval to construct or register a large CWS pursuant to this part shall submit the following information to the department electronically at dwengineering@des.nh.gov:

(1) An engineer’s report, design drawings, and specifications as specified in Env-Dw 404.04 and Env-Dw 405.05;

(2) The well driller’s well completion report for each well as required in We 800;

(3) The water quality analysis results of the water from each source as specified in Env-Dw 302;

(4) The permitted production volume for each well, approved pursuant to Env-Dw 302;

(5) If connection to another PWS is proposed, the supplying owner shall provide information demonstrating:

a. Adequate quantities of water are available to serve the receiving PWS; and

b. With the receiving PWS online, adequate system pressures and source capacity will be maintained within the supplying PWS;

(6) The name of a designated primary operator certified in accordance with Env-Dw 502 or a description of a plan and schedule to ensure the presence of a certified primary operator upon commencement of operation of the PWS;

(7) Business plan pursuant to Env-Dw 602.03;

(8) Water ordinance or water system rules pursuant to Env-Dw 503.08; and

(9) An emergency plan pursuant to Env-Dw 503.21.

(b) The applicant shall:

(1) Ensure that all submitted engineering reports, plans, specifications, calculations, and other pertinent information relating to the design or construction of a large CWS are sealed by a professional engineer licensed in the state of New Hampshire;

(2) Sign and date the application; and

(3) Certify that the information provided is accurate.

(d) An applicant requesting approval to modify, expand, or enlarge an existing large CWS shall submit the following to the department electronically at dwengineering@des.nh.gov:

(1) The name, location, and PWS identifier;

(2) The name, mailing address, daytime telephone number, and e-mail address of the contact person who can answer questions about the proposal on behalf of the owner; and

(3) The information required in Env-Dw 404.09.

(e) The plans and specifications for all proposed large CWSs or modifications, including expansions, to existing large CWSs shall be sealed by a professional engineer licensed in the state of New Hampshire.

History

(See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.03 Application Approval, Request for Additional Information, and Denial

(a) The department shall review the design review application submitted in accordance with Env-Dw 404.02.

(b) If the department determines that the application meets the design standards specified in Env-Dw 404.04 and Env-Dw 404.05, the department shall issue a final design approval and include project-specific conditions as necessary to ensure compliance with the requirements of these rules and RSA 485.

(c) If the department determines that the information submitted in the application is insufficient for the department to determine whether the design standards of Env-Dw 404.04 and Env-Dw 404.05 are met, the department shall notify the applicant in writing of the additional information needed to assess the application.

(d) The notice provided by the department pursuant to paragraph (c) above shall specify:

(1) What information is needed;

(2) The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;

(3) The provisions of Env-Dw 404.02 relative to submitting the information; and

(4) The provisions of paragraphs (e) and (f) below relative to failing to provide the information.

(e) The department shall deny the application if:

(1) The applicant does not submit the additional information requested within the time frame specified in subparagraph (d)(2) above or extended pursuant to (g) below; or

(2) The design standards specified in Env-Dw 404.04 and Env-Dw 404.05 are not met.

(f) To request an extension to the deadline specified in (d)(2) above, the owner shall submit a written request for extension, including specific reason(s) why the extension is being sought and the requested revised deadline.

(g) After receiving an extension request, if the department finds the requirements of (f) above are met, and that an extension has not previously been granted for this application, the department shall extend the deadline, for one time only, for 90 days.

(h) Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 404.02 and a new application fee in accordance with Env-Dw 402.03, as applicable.

History

(See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.04 Design Standards Adopted by Reference

(a) Except as otherwise required by these rules, collection, treatment, distribution, and storage components and all other appurtenances of all large CWSs and those CWSs providing fire protection by means of street hydrants shall be designed in accordance with the practices and standards set forth in the 2022 edition of “Recommended Standards for Water Works,” committee report of the Great Lakes - Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, available as noted in Appendix B, with the following exceptions and as further modified by paragraphs (b) and (c) below and Env- Dw 404.05:

(1) The foreword; and

(2) The following sections related to well construction methods:

a. Section 3.2.6.2 (b)(5); and

b. Section 3.2.6.5.

(b) If the local legislative body of a political subdivision which owns a PWS does not vote to approve funding for the requirements of the 2022 edition of the "Recommended Standards for Water Works" as compared to the 1982 edition thereof and the improvements are not fully funded by the state, the department shall not require the improvements to be implemented.

(1) “100-year flood elevation” means the flood hazard elevation determined in accordance with Env-Dw 404.05(o). This term also includes “highest flood of record”;

(2) “Subject to flooding” means below the flood hazard elevation;

(3) “Outside flood plains,” “free from flooding,” and “protected from flooding” means above the flood hazard elevation; and

(4) “Flood plain” means the area below the flood hazard elevation.

History

(See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.05 Additional Design Standards

(a) In addition to the design criteria specified in this part, requirements for:

(1) Surface water filtration, disinfection, and waste recycling shall be as specified in Env-Dw 716; and

(2) Source water treatment for corrosion control shall be as specified in Env-Dw 714.

(b) Site selection, yield and drawdown testing, and source water protection for wells for large CWSs and water quality for new wells shall be as specified in Env-Dw 302.

(d) Standards for submersible pumps shall be as specified in We 700 as adopted by the New Hampshire water well board.

(e) Standards for installation, maintenance, repair, or replacement of well pumps shall be as specified in We 700 as adopted by the New Hampshire water well board.

(f) The total developed groundwater source capacity shall equal or exceed the design maximum day demand and equal or exceed the design average day demand with the largest producing well out of service.

(g) The source water protection plan for surface water sources, which may be an existing plan, as described in Part 3.1 of the document adopted by reference at Env-Dw 404.04(a), shall:

(1) Include:

a. A map showing the delineation of the watershed area contributing water to the source on an appropriate scale applying standard delineation methods and identifying smaller priority areas, including riparian buffer zones, priority sub-watersheds, or both, that present higher vulnerabilities to source water quality;

b. A watershed characterization summarizing physical and natural features, land use, and known waterbody conditions, including pollutant sources and water quality use impairment(s);

c. An inventory of known and potential contamination sources, including all point and non-point pollutant sources having the ability to discharge or release contaminants to the source or its tributaries within a minimum 6-hour travel time from the intake;

d. A determination of susceptibility to contaminant sources that considers, among other things, the distance, quantity, solubility and toxicity, dispersion, and dilution of contaminants and review of pertinent compliance monitoring data reported by a PWS;

e. A list and description of prioritized and practicable protection actions having identified milestones to be completed by the owner, committed partners, or both, which shall include best management practice (BMP) inspections within a minimum of 4,000-feet upgradient of the intake within the watershed;

f. A list of recommended protection strategies to be considered by the owner;

g. A public education program targeted to watershed residents; and

h. A schedule with dates for periodic plan updates and evaluation;

(2) Be approved by the department pursuant to Env-Dw 404.03 prior to placing the proposed surface water source into operation; and

(3) Be implemented by the owner or partner subsequently identified in the plan, over a specific timeframe as set forth in the department’s approval pursuant to (2) above.

(h) Isolation valves shall be located at not more than 500 foot intervals in areas where the ground elevation is below the flood hazard elevation as determined in accordance with (o) below and in areas where water pipes are at a risk of being damaged by erosion.

(i) Run time meters shall be installed on all pumps.

(j) Water meters shall be:

(1) Installed to continuously measure the flow from:

a. Each source independently;

b. Any washwater;

c. Any recycled water;

d. Any blended water of different quality; and

e. The finished water at the distribution entry point prior to the first customer and after any storage or clearwell at the pumphouse or treatment facility; and

(2) Maintained in accordance with the standards of the AWWA as required by Env-Dw 402.

(k) Data from the meters required by (j) above shall be recorded such that the operator may periodically access and save the data for tracking purposes. For each source, the monthly volume of withdrawal and the 24-hour maximum volume for each month shall be recorded and reported to the department in accordance with Env-Wq 2102.

(l) A sampling point shall be provided after the last point of chemical injection with consideration given to adequate mixing. If atmospheric storage is located prior to the first customer, sampling points shall be provided both upstream and downstream of the atmospheric storage tank prior to the first customer.

(m) Any PWS that conducts a partial or full replacement of a lead service line or galvanized service line requiring replacement shall be subject to the requirements of 40 CFR 141 Subpart I, 7-1-24 edition.

(n) Handling and disposal of lead pipe, galvanized pipe that might contain lead, or other lead components shall be subject to Env-Hw 400, Env-Hw 500, Env-Hw 800, and Env-Hw 1200.

(o) In addition to (p) below, the flood hazard elevation shall be determined using:

(1) The freeboard value, reached by adding 3 feet to the 1-percent-annual-chance flood elevation, or adding 3 feet to the highest flood elevation of record, whichever is higher; or

(2) A best available scientific approach that uses readily available, actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on latest climactic predictions.

(p) If the project is for infrastructure within at least one of New Hampshire’s 17 coastal zone municipalities, including Dover, Durham, Exeter, Greenland, Hampton, Hampton Falls, Madbury, New Castle, Newfields, Newington, Newmarket, North Hampton, Portsmouth, Rollinsford, Rye, Seabrook, and Stratham, determination of the flood hazard elevation specified in paragraph (o) above shall address projected storm surge, sea level rise, and precipitation events identified in the “New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections" prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel 2019 available as noted in Appendix B. A representative concentration pathway (RCP) of RCP 4.5 or higher and a “low” or “very low” tolerance for flood risk shall be applied.

(q) If a proposed component of a drinking water system is proposed to be located below a flood hazard elevation as determined using the approaches in paragraph (o) above and there are no practicable alternatives to the proposed site, measures shall be taken to minimize the risk of flood damage. The designer shall document the mitigating measures or design modifications that will be taken to reduce the threats from locating the project below the flood hazard elevation.

(r) No component of a drinking water system shall be located in a Federal Emergency Management Agency (FEMA)-designated floodway, with the exception of buried piping.

(s) To the extent practicable, drinking water facilities shall not be located in areas subject to a risk greater than 1% from earthquakes, fires, or other disasters that could damage the CWS or a portion thereof.

History

(See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.06 PWS Capacity Assurance

A proposed PWS shall meet the requirements of Env- Dw 602 relative to capacity assurance in order to receive design approval from the department.

History

(See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.07 Post-Construction Procedures

(a) Within 90 days after the water system, or a portion thereof, is placed into service, record drawings shall be submitted to the department and to the operator showing precise horizontal dimensional measurements, depth of bury, material type, and nominal size of all buried water distribution piping and fittings, and service shut-offs, curb stops, taps, corporation stops at water mains, and piping, gate valves, blow-offs, hydrants, flushing devices, and utility crossings.

(b) For purposes of this section, “precise dimensional measurements” means of sufficient accuracy to locate the piping or appurtenance to within 1 foot accuracy, recorded to the nearest 0.5 foot.

(c) The owner shall maintain and update, as necessary, the water system’s record drawings and tie location records based on the best information available to the owner.

(d) Flushing and chlorination of the water distribution piping system shall be completed as specified in (e) and (f) below before use.

(e) Before the inspection of the water system by the department as required by Env-Dw 404.07, the entire water system, distribution pipes, storage tanks, and pumps shall be flushed to remove any dirt or other contaminants, and then chlorinated in accordance with the appropriate AWWA specification, as specified in Env-Dw 402.

(f) Upon completion of the disinfection, the system shall then be flushed again until chlorine residual is less than 0.1 milligrams per liter, and a water sample shall be taken from the end of the distribution system and analyzed for bacterial quality by a laboratory accredited for such test by the New Hampshire environmental laboratory accreditation program.

(g) The owner shall perform a leakage test of the piping system before system use. The distribution system shall be checked for leakage in accordance with the appropriate AWWA standard, as specified in Env-Dw 402. Leakage shall not exceed the value given in the appropriate AWWA standard.

History

(See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.08 Notification of Initiation of Water Service and Request for Inspection

(a) Subject to (b) below, upon completion of the construction of a new PWS or modifications to an existing PWS and all required testing, but no later than 10 days preceding the start of water service, the owner shall notify the department of the proposed date of the start of water service and request an inspection of the completed construction. The PWS shall not initiate service until 10 days after all notifications are provided in writing to the department.

(b) As part of or prior to the notification required by paragraph (a) above, the owner shall submit to the department:

(1) Written verification of completion of construction, disinfection of all water system components that will come into direct contact with potable water, and completion of all required testing;

(2) The operation and maintenance manual required by the document incorporated by reference at paragraph Env-Dw 404.04(a);

(3) The record drawings required by Env-Dw 404.06(a); and

(4) For new PWS, a lead service line inventory and replacement plan meeting the requirements of 40 CFR 141 Subpart I, 7-1-24 edition.

(d) For existing PWSs, an inspection by the department shall not be required for construction of water main replacement, extension, or both, including water service connections, but the owner shall submit the information required in (b)(1) and (3) above to the department.

History

(See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.09 Modifications and Expansions

(a) Any person seeking to expand a large CWS shall submit the following to the department:

(1) A water audit conducted in accordance with the standards of the AWWA;

(2) The proposed increase in average day and maximum day demand due to the proposed expansion; and

(3) Documentation demonstrating the existing source(s) have the required supply capacity as required by Env-Dw 404.04 and Env-Dw 404.05.

(b) Any person seeking to modify or expand a large CWS in accordance with Env-Dw 404.02 above shall submit the following to the department:

(1) A description of the proposed modifications or expansions;

(2) An explanation of why the modifications or expansions are needed;

(3) Plan sheets, including revisions to previously approved plans, and specifications for the proposed modifications or expansion as required by Env-Dw 404.04 and Env-Dw 404.05;

(4) Revised calculations, as applicable;

(5) If infrastructure is decommissioned, photo documentation showing a minimum 12-inch gap in the piping from the original well(s), storage tank(s), and any other decommissioned infrastructure;

(6) If connection to another PWS is proposed, documentation from the supplying owner certifying that:

a. Adequate quantities of water are available to serve the proposed PWS; and

b. With the proposed PWS online, adequate system pressures and source capacity will be maintained in the supplying PWS; and

(7) The application fee as required by Env-Dw 402.03.

(c) For deepening or hydrofracturing of wells at CWSs, the applicant shall comply with Env-Dw 302 and Env-Dw 305, as applicable.

(d) Replacement in-kind shall not require department approval, except that replacement of a well shall comply with the requirements of Env-Dw 302 or Env-Dw 305, as applicable.

(e) The plans and specifications for modifications to large CWSs shall be sealed by a professional engineer licensed in the state of New Hampshire.

(f) The department shall approve the application to modify the CWS if the design meets the criteria in this part.

History

(See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.10 Expiration and Extension of Design Approvals

(a) Any final design approval for large CWS designs shall expire 4 years after issuance if construction has not been completed.

(b) A new design review fee and new design submission including design revision, as applicable, shall be required for review and re-approval of lapsed designs. The design shall meet the requirements in effect at the time of the resubmittal.

(c) To request an extension to a large CWS design approval, the owner shall submit a written request for extension, including:

(1) Specific reason(s) why the extension is being sought;

(2) The new construction schedule;

(3) Confirmation that no changes have been made to the original approved design; and

(4) A new water quality test for each source for the applicable parameters listed in Env-Dw 701 through Env-Dw 706.

(d) After reviewing an extension request, if the department finds that the previously approved design will ensure that the project is consistent with all applicable requirements in place at the time the extension request was received, the department shall extend the approval for a reasonable amount of time, under the circumstances, not to exceed 4 years.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 404.11 Waivers

(a) Any applicant or supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so in accordance with Env-Dw 202.

(b) Waivers shall not be granted for requests that pose a direct risk to public health, including, but not limited to, improper well construction, solitary wells where multiple wells are required, failure to comply with water quality standards, or inadequate integrity of the water storage tank(s).

History

#14158, eff 12-25-24

Part Env-Dw 405 Design Standards for Small Community Water Systems

N.H. Code Admin. R. Ann. Env-Dw 405.01 Applicability

Revision Note:

Document #10612, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 372 under a new subtitle as Part Env-Dw 405. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

The former Part Env-Ws 372 had last been filed under Document #8496, effective 11-30-05. The rules in former Part Env-Ws 372 did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10612, effective 6-1-14.

Document #10612 replaces all prior filings for the rules formerly in Env-Ws 372. The prior filings for rules in the former Env-Ws 372, beginning with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

#6521, eff 6-4-97

#7105, eff 9-23-99

#8360, INTERIM, eff 6-4-05

#8496, eff 11-30-05

(a) The rules of this part shall apply to small CWSs, as defined in Env-Dw 103.55, including small CWSs that are being reactivated after being inactive for 6 months for reasons other than a normal seasonal shutdown.

(b) CWSs, as defined in Env-Dw 103.11, that are large community water systems as defined in Env-Dw 103.27 or have fire protection provided by street hydrants or use surface water as a source of supply shall meet the requirements set forth in Env-Dw 302 and Env-Dw 404, as applicable.

(c) Vacation home developments and conversions from transient use occupancy to year-round residential use shall be considered CWSs as specified in Env-Dw 401.02(a) through (e).

(d) Water systems designed or intended as CWSs as specified in Env-Dw 401.02(a) through (e), with fewer than 15 service connections and fewer than 25 people being served, shall be subject to the requirements of this part.

(e) For existing small CWSs that propose to expand or be modified, and those that are ordered by the department to make water system improvements, the design criteria of this part shall apply only to the component(s) of the small CWS affected by the proposed expansion, modification, or both. For the purposes of this part, “modified” means altered, added to, expanded, or enlarged.

History

#14158, eff 12-25-24 (formerly Env-Dw 405.02)

N.H. Code Admin. R. Ann. Env-Dw 405.02 PWS Capacity Assurance

A proposed small CWS shall comply with the capacity requirements of Env-Dw 602 before the operation of such water system begins.

History

#14158, eff 12-25-24 (formerly Env-Dw 405.03)

N.H. Code Admin. R. Ann. Env-Dw 405.03 Approval Required for New Community Wells and New Small CWSs.

(a) No person shall connect a new or existing well to a small CWS without prior approval obtained in accordance with Env-Dw 302 or Env-Dw 305, as applicable, and this part.

(b) Any existing water supply source for a small CWS that has not previously been approved by the department shall meet the requirements specified in Env-Dw 302 or Env-Dw 305, as applicable.

(c) No person shall commence operation of a small CWS or connect a small CWS to any other PWS without obtaining approval for the final design in accordance with Env-Dw 405.10 and without completing the post-construction procedures required by Env-Dw 405.29.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.04 Approval Required for Modifications

(a) Subject to (c) below, no person shall perform modifications to an existing small CWS’s collection, treatment, storage, or distribution facility, including hydraulic and pumping infrastructure, that could adversely affect public health, without approval from the department in accordance with Env-Dw 405.31 below.

(b) Examples of modifications that could adversely affect public health include, but are not limited to, addition or replacement of storage tanks, water treatment facilities, pumping facilities, and distribution piping or addition of service connections.

(c) Replacement of 500 feet, or less, of piping with no new service connections or change in pipe size shall not require approval from the department provided the piping is replaced in accordance with Env-Dw 405.27.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.05 Application Procedures.

(a) An applicant requesting approval to construct or register a new small CWS or reactivate a small CWS shall submit a complete application, as specified in (b) below, to the department electronically at dwengineering@des.nh.gov.

(b) An application shall be submitted in 2 parts, part I, concept approval, and part II, as follows:

(1) Part I shall be completed as specified in Env-Dw 405.06, and part II shall be completed as specified in Env-Dw 405.09;

(2) Part I of the design review application required by Env-Dw 405.06 shall be submitted and approved by the department prior to submission of the preliminary well report specified in Env-Dw 302 or Env-Dw 305; and

(3) Part II shall not be submitted until part I has been approved by the department and all new sources required as part of the design have been approved by the department in accordance with Env-Dw 302, Env-Dw 305, or both, as applicable.

(c) An applicant requesting approval to modify, expand, or enlarge an existing small CWS shall submit the following to the department electronically at dwengineering@des.nh.gov:

(1) The name, location, and PWS identifier;

(2) The name, mailing address, daytime telephone number, and e-mail address of the contact person who can answer questions about the proposal on behalf of the owner; and

(3) The information required in Env-Dw 405.31.

(d) The plans and specifications for all proposed small CWSs or modifications, including expansions, to existing small CWSs with a design flow greater than 20,000 gpd or with 50 or more service connections shall be sealed by a professional engineer licensed in the state of New Hampshire.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.06 Application Part I, Concept Approval.

(a) The applicant for a new small CWS shall provide the following information with part I of the application:

(1) The name, mailing address, daytime telephone number, and e-mail address of the applicant;

(2) The name and mailing address of the owner(s) of the property on which the project will occur, if other than the applicant;

(3) If the owner or applicant is a corporation, partnership, trust, or any other entity, the name, mailing address, daytime telephone number, and e-mail address of the individual representing the owner or applicant;

(4) The name, mailing address, daytime telephone number, and e-mail address of the consultant for the project, if any;

(5) The town tax map(s) and lot number(s) and street address of the property on which the project is proposed;

(6) A brief description of the project and whether the proposed small CWS is a phase of a larger plan of development;

(7) A list of all existing active and inactive wells or PWSs on the site, their respective uses, and whether the existing wells will be connected to the proposed CWS or have been abandoned pursuant to We 404;

(8) A map specifically locating the proposed service area;

(9) The size of the proposed PWS, including:

a. The number of residential units and, for non-domestic flow, the number of residential- equivalent units based on one residential-equivalent unit being 300 gallons per day (gpd) design flow and rounding to the nearest full residential-equivalent unit;

b. The design flow determined in accordance with Env-Dw 405.11;

c. The required source capacity calculated pursuant to Env-Dw 405.13; and

d. For each new well source proposed, the radius of the sanitary protective area (SPA) determined in accordance with Env-Dw 405.14;

(10) A vicinity plan showing nearby existing CWSs;

(11) If a new well source is proposed, a plan showing a north arrow, plan scale, property boundaries, tax map and lot numbers of the adjacent lots, a list of abutters, location of well(s), SPA, buildings, roads, roadway rights-of-way, driveways, parking areas, snow storage areas, surface waters, wetlands, natural drainage ways, flood hazard elevation as specified in (b) below, septic tanks, septic system areas, nitrate setbacks, fuel storage tanks, solid waste disposal areas, stormwater facilities, and grading; and

(12) Location(s) and flow(s) of any proposed non-potable well(s); and

(13) If the application is for a community well approval pursuant to Env-Dw 302 or Env-DW 305, or both as applicable, the location(s) and flow(s) of any proposed non-potable well(s).

(b) In addition to (c) below, the flood hazard elevation shall be determined using:

(1) The freeboard value, reached by adding 3 feet to the one-percent-annual-chance flood elevation, or adding 3 feet to the highest flood elevation of record, whichever is higher; or

(c) If the project is for infrastructure within at least one of New Hampshire’s 17 coastal zone municipalities, including Dover, Durham, Exeter, Greenland, Hampton, Hampton Falls, Madbury, New Castle, Newfields, Newington, Newmarket, North Hampton, Portsmouth, Rollinsford, Rye, Seabrook, and Stratham, determination of the flood hazard elevation specified in (b) above, shall address projected storm surge, sea level rise, and precipitation events identified in the “New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections" prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel 2019 available as noted in Appendix B. A representative concentration pathway (RCP) of RCP 4.5 or higher and a “low” or “very low” tolerance for flood risk shall be applied.

(d) If a new community well is proposed, the applicant shall comply with the requirements of Env- Dw 302 and Env-Dw 305, as applicable.

(e) If connection to another PWS is proposed, the supplying PWS owner shall provide information demonstrating:

(1) Adequate quantities of water are available to serve the proposed PWS; and

(2) With the proposed PWS online, adequate system pressures and source capacity will be maintained within the supplying PWS.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.07 Application Approval, Request for Additional Information, and Denial for Part I – Concept Approval.

(a) The department shall review part I of the design review application in accordance with Env-Dw 405.08.

(b) If the department determines that the information submitted in part I of the application meets the criteria specified in Env-Dw 405.06 and Env-Dw 405.08, the department shall issue a concept approval and include project-specific conditions as necessary to ensure compliance with the requirements of these rules and RSA 485.

(c) If the department determines that the information submitted in part I of the application is insufficient for the department to determine whether the criteria of Env-Dw 405.06 and Env-Dw 405.08 have been met, the department shall notify the applicant in writing of the additional information needed to assess the application.

(d) The notice required by (c) above, shall specify:

(1) What information is needed;

(2) The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;

(3) The provisions of Env-Dw 405.06 relative to submitting the information; and

(4) The provisions of (e) and (f) below, relative to failing to provide the information.

(e) If the criteria specified in Env-Dw 405.06 and Env-Dw 405.08 are still not met, including the information submitted as a result of the notice made pursuant to (c) above, the department shall notify the applicant a second time, in accordance with (c) above, in writing of the additional information needed to assess the application.

(f) The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 405.06 and Env-Dw 405.08 are not met after the second request as specified in (e) above.

(g) To request an extension to the deadline specified in (d)(2) above, the owner shall submit a written request for extension, including specific reason(s) why the extension is being sought and the requested revised deadline.

(h) After receiving an extension request, if the department finds the requirements of (g) above are met, and that an extension has not previously been granted for this application, the department shall extend the deadline, for one time only, for 90 days.

(i) Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 405.05.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.08 Criteria for Concept Approval for Proposed Small CWSs.

(a) No well construction or water system design shall commence on a proposed small CWS until a concept approval is issued by the department.

(b) The issuance of concept approval for a proposed small CWS shall be based on the following criteria:

(1) Water service from another approved PWS is not available, determined based on the willingness of the potential provider to offer service and a comparison of the overall project cost to extend water service versus the overall project cost of constructing the proposed small CWS;

(2) The method of operation of the proposed small CWS is adequate to ensure that all applicable requirements of subtitle Env-Dw are met;

(3) The proposed small CWS is consistent with state, regional, or local water resource or water supply management plans for the area;

(4) The proposed small CWS ownership and operation is consistent with other New Hampshire public utility commission (PUC) franchises in the area;

(5) The proposed small CWS will use the best feasible source of water available; and

(6) The use of surface water shall not be allowed as source water for any small CWS. If the department waives this requirement in accordance with Env-Dw 405.33, the design standards specified in Env-Dw 404 shall apply to the collection and treatment facilities associated with the surface water source.

(c) For purposes of this section, the best feasible source of water shall be determined based on a comparison of alternatives based on project cost and other technical factors. Such a comparison shall include capital and operational costs to provide an equivalent level of safe and reliable water supply service from an entity having adequate financial and managerial capability.

(d) Favorable criteria for the best feasible source of water concept shall include an interconnection with any of the following:

(1) Larger PWSs;

(2) PWSs that have full time employees who have higher levels of training and experience in the water works profession;

(3) PWSs with large volume water storage tank(s); and

(4) PWSs that have available equipment, controls, and communications that better ensure the reliability of operations and water quality.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss #14158, eff 12-25-24 (formerly Env-Dw 405.04)

N.H. Code Admin. R. Ann. Env-Dw 405.09 Application for Part II, Final Design.

(a) An applicant requiring final design of a small CWS, including reactivation or registration, shall provide the following information constituting part II of the application:

(1) A corrected copy of part I of the application previously submitted, which clearly identifies any changes from the original submittal, if applicable;

(2) A revised plan, if different than that submitted with part I of the application pursuant to Env-Dw 405.06(a);

(3) The well driller’s well completion report for each well as required in We 800;

(4) The water quality analysis results of the water from each well as specified in Env-Dw 405.15;

(5) The permitted production volume of each well proposed to be connected to the small CWS, approved pursuant to Env-Dw 302, Env-Dw 305, or both as applicable;

(6) The name of a designated primary operator certified in accordance with Env-Dw 502 or a person that has taken or arranged to take the operator certification exam as required under Env-Dw 502;

(7) A business plan pursuant to Env-Dw 602;

(8) A draft copy of the legal documents related to the creation, ownership, and management of the proposed CWS;

(9) An emergency plan pursuant to Env-Dw 503; and

(10) The following design information, as applicable:

a. For storage tank(s), the information in Env-Dw 405.16 and Env-Dw 405.21;

b. For booster pumps, pump controls, and auxiliary equipment, the information in Env-Dw 405.17 and Env-Dw 405.19;

c. For a pumphouse or pump room, the information in Env-Dw 405.18;

d. For well appurtenances and pumps, the information in Env-Dw 405.20;

e. For wiring and controls, the information in Env-Dw 405.22;

f. For water treatment facilities, the information in Env-Dw 405.23, Env-Dw 405.24, and Env-Dw 405.26; and

g. For water distribution systems, the information in Env-Dw 405.27.

(b) Any material, product, or equipment incorporated into a PWS shall comply with the appropriate standard(s) of AWWA, as specified in Env-Dw 402, if such a standard exists, and shall be specified in the design information accordingly.

(d) The design review fee required by Env-Dw 402.03 shall be paid in conjunction with submission of part II of the application.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.10 Application Approval, Request for Additional Information, and Denial for Part II – Final Design

(a) The department shall review part II of the design review application submitted in accordance with Env-Dw 405.09.

(b) If the department determines that the information submitted in part II of the application meets the criteria specified in Env-Dw 405.09 and the design standards of this part, the department shall issue a final design approval and include project-specific conditions as necessary to ensure compliance with the requirements of the rules.

(c) If the department determines that the information submitted in part II of the application is insufficient for the department to determine whether the criteria specified in Env-Dw 405.09 or the design standards of this part have been met, the department shall notify the applicant in writing.

(d) The notice required by (c) above, shall specify:

(1) What information is needed;

(2) The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;

(3) The provisions of Env-Dw 405.09 relative to submitting the information; and

(4) The provisions of Env-Dw 405.10(e) and (f) relative to failing to provide the information.

(e) If the criteria specified in Env-Dw 405.09 are still not met, including the information submitted as a result of the notice made pursuant to (c) above, the department shall notify the applicant a second time, in accordance with (c) above, in writing of the additional information believed by the department to be needed to assess the application.

(f) The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 405.09 and the design standards of this part are not met after the second request as specified in (e) above.

(i) Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 405.05 and a new application fee in accordance with Env-Dw 405.09(d).

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.11 Calculation of the Design Flow

(a) Subject to (c), below, the design flows for a CWS shall be the maximum daily water use and shall be determined using one or more of the following methods:

(1) Using the values in Table 1008-1 in Env-Wq 1008.03; or

(2) Using historical water use in accordance with (b) below.

(b) Historical water use shall be determined using one of the following methods:

(1) If at least 12 months of consecutive daily water meter readings are available, the water system’s design flow shall be the maximum reported value;

(2) If at least 12 months of consecutive weekly water meter readings are available, the water system’s design flow shall be the daily average value multiplied by 2; or

(3) If at least 12 months of consecutive monthly water meter readings are available, the water system’s design flow shall be the daily average value multiplied by 3.

(c) Since design flows contained in Env-Wq 1008 do not include exterior water use, for those CWSs where watering lawns and gardens, filling swimming pools, supplying fire protection systems such as sprinklers, and other unusually high water demand situations are expected, the design flow shall be increased accordingly, subject to (d) below.

(d) The CWS shall be designed for all expected uses. Any uses not accounted for in the design shall be explicitly prohibited in a legally enforceable document such as condominium bylaws.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.12 Calculation of

Peak Flow for CWSs. Peak flow shall be calculated as design flow times the multiplier in Table 405-1 with the number of residential-equivalent units being calculated in accordance with Env-Dw 405.06(a)(9)a.:

Table 405-1: Peak Flow

Number of Residential Service Connections or Residential-Equivalent Units

Peaking Factor (Peak Flow / Design Flow)

Less than 50

50 to 99

100 to 149

150 to 199

Greater than 200

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.13 Required Source Capacity.

(a) The total source capacity, including all sources, for small CWSs shall be not less than 2 times the system’s design flow based on a 24-hour day.

(b) For small CWSs that are required to have 2 or more wells, the source capacity with the largest source out of service shall be not less than 50% of the system’s design flow.

(c) If the design flow exceeds 13,500 gpd, the CWS shall have a minimum of 2 active wells or an interconnection to another PWS approved by the department.

(d) For new wells, the source capacity shall be the permitted production volume (PPV) approved by the department in accordance with Env-Dw 302 or Env-Dw 305.

(e) For existing wells with a previously approved PPV, the source capacity shall be the PPV.

(f) For existing wells without a previously approved PPV, the source capacity shall be based on the documentation submitted by the applicant in accordance with Env-Dw 405.31.

History

#14158, eff 12-25-24 (formerly Env-Dw 405.12)

N.H. Code Admin. R. Ann. Env-Dw 405.14 Determination of the SPA

(a) The purpose of the SPA shall be to protect the long-term quality of each PWS well.

(b) The SPA for any well supplying water to small CWSs shall be established in accordance with Env-Dw 302 or Env-Dw 305, as applicable.

(d) Notwithstanding the requirements of Env-Dw 302 and Env-Dw 305, no well connected to a PWS shall be located closer to an aboveground storage tank or underground storage tank than the applicable distances specified in Env-Or 300 and Env-Or 400, as applicable.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.15 Water Supply Quality Sampling

(a) Water quality sampling for new, hydrofractured, or deepened community wells shall comply with Env-Dw 302 or Env-Dw 305, as applicable.

(b) The collection date of the samples taken in accordance with (a) above, shall be no greater than 6 months prior to the time the final design application is submitted to the department.

(c) Samples taken in accordance with (a) above, shall be taken after at least 3 well volumes have been pumped from the well.

(d) The owner shall have the laboratory results submitted to the department as originals or copies of the originals. Re-typing or re-writing the data shall not be acceptable.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss #14158, eff 12-25-24 (formerly Env-Dw 405.16

N.H. Code Admin. R. Ann. Env-Dw 405.16 Sizing of Storage Tanks

(a) The required atmospheric water storage capacity for a small CWS with only one well shall be based on the permitted production volume (PPV) of the well and the water system’s design flow, as specified in Table 405-3 below:

Table 405-3: Small CWS That Have Only One Source

The water system’s PPV

Minimum atmospheric water storage capacity required

Greater than water system’s peak flow

50 percent of one day’s design flow

Greater than 2.5 times the design flow

75 percent of one day’s design flow

Greater than or equal to 2.0 times the design flow

100 percent of one day’s design flow

Less than 2.0 times the design flow

Not acceptable

(b) The required atmospheric water storage capacity for a small CWS with more than one well shall be based on the PPVs of the wells and the water system’s design flow, as specified in Table 405-4 below:

Table 405-4: Requirement for Atmospheric Water Storage Capacity for Small CWSs That Have More Than One Source

The water system’s PPV with the largest producing well out-of-service

Minimum atmospheric water storage capacity required

Greater than water system’s peak flow

none required

Greater than 2.5 times the design flow

25 percent of one day’s design flow

Greater than 1.5 times the design flow

50 percent of one day’s design flow

Greater than or equal to design flow

75 percent of one day’s design flow

Less than design flow

100 percent of one day’s design flow

(c) For existing wells without an approved PPV, the source capacity determined in accordance with Env-Dw 405.13(f) shall be used in place of the PPV in Table 405-3 or Table 405-4, as applicable, for the purpose of calculating the required atmospheric water storage capacity.

(d) No atmospheric storage shall be required if all the following conditions are met:

(1) The PPV, with the largest producing well out-of-service, is greater than 2.5 times the design flow;

(2) A step pumping test run for at least 6 hours demonstrates that the wells can supply the water system’s peak flow, with the largest producing well out-of-service; and

(3) The total pumping capacity of the well pumps, with the largest well pump out of service, is equal to or greater than the peak flow.

(e) The required hydropneumatic storage capacity shall be at least 10 percent of design flow, unless the booster pumps installed per Env-Dw 405.17 are designed to maintain constant system pressure by using pressure reducing valves or variable frequency drives.

(f) To meet the pressure storage requirement of (e) above, pre-charged pressure storage tanks shall be accepted on an equivalent gross volume basis to conventional hydropneumatic storage. No more than 6 tanks of the pre-charged pressure type shall be permitted.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss #14158, eff 12-25-24 (formerly Env-Dw 405.18)

N.H. Code Admin. R. Ann. Env-Dw 405.17 Sizing, Design, and Installation of Booster Pumps

(a) All small CWSs shall comply with this section relative to booster pumps, which withdraw water from atmospheric storage tanks and are designed to maintain system pressure by pumping to hydropneumatic or pressure tanks or by using pressure reducing valves or variable frequency drives.

(b) Where booster pumps are used, total booster pump capacity shall be at least equal to peak flow with the largest booster pump out of service.

(c) Booster pumps shall be connected to a flat, secure, and durable surface of sufficient strength to withstand vibration, thrust, and weight. The installed elevation of the pump base shall be at least 8 inches above the finished floor in the pumphouse.

(d) Pumps shall be selected such that they operate near their best efficiency point during normal operations.

(e) Pump configuration shall account for anticipated variations in flow rate. Where practicable, multiple pumps, pumps of different sizes, for example jockey pumps, or both shall be used to optimize the efficiency of the pumping station electrical use.

(f) All pump motors shall be premium efficiency motors as defined by the National Electrical Manufacturers’ Association ANSI/NEMA Standard MG-1-2021, “Motors and Generators”, 2021, available in Appendix B.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.20)

N.H. Code Admin. R. Ann. Env-Dw 405.18 Pumphouse Design and Construction

(a) For the purpose of this part, “pumphouse” shall refer to any building or similar structure where components of the water system are located, including, but not limited to, pumps, electrical system and controls, treatment equipment, aboveground piping and valves, and appurtenances. If the building is used for other purposes in addition to water supply, the room(s) or area(s) of the building where components of the water system are located shall be considered the pumphouse and shall meet the requirements of this part.

(b) Pumphouses shall have screened gravity floor drains or equivalent with all floors pitched ¼ inch per foot toward the drains. Sump pumps shall not be acceptable in lieu of screened gravity floor drains. The drain pipes shall not discharge to any surface water and shall be screened at the discharge end to prevent small animals or insects from blocking flow. The pumphouse floor level shall be above the seasonal high water table.

(c) The layout of equipment and the design of the pumphouse shall provide for adequate space to allow operation and preventative maintenance.

(d) The design and materials shall include provisions to minimize vandalism damage to wells, doors, and roofs, and shall not have windows.

(e) The pumphouse walls and ceilings shall be fully insulated with materials that resist the attraction and residence of small rodents and similar pests.

(f) Construction materials shall be highly resistant to moisture, decay, and vandalism.

(g) The owner shall make every reasonable effort to design and construct the pumphouse at finished grade. For pumphouses that are required to be below grade due to site constraints, the pumphouse shall be not more than 5 feet below grade provided that an OSHA-compliant stairway access is provided.

(h) Except as allowed by (i) below, the floor elevation shall be at or above the flood hazard elevation determined pursuant to Env-Dw 405.06(b).

(i) If a proposed component of a drinking water system is proposed to be located below a flood hazard elevation as determined pursuant to Env-Dw 405.06(b) and there are no practicable alternatives to the proposed site, measures shall be taken to minimize the risk of flood damage. The designer shall document the mitigating measures or design modifications that will be taken to reduce the threats from locating the component below the flood hazard elevation.

(j) No component of a drinking water system shall be located in a Federal Emergency Management Agency (FEMA) designated floodway, with the exception of buried piping.

(k) To the extent practicable, drinking water facilities shall not be located in areas subject to a risk greater than 1% from earthquakes, fires, or other disasters that could damage the PWS or a portion thereof.

(l) A connection for a portable generator, including receptacle and manual transfer switch, shall be installed to readily accept portable power generators.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.21)

N.H. Code Admin. R. Ann. Env-Dw 405.19 Pumps Controls and Auxiliary Equipment

(a) In addition to the electrical control system, an alarm system shall be provided. At a minimum, alarms to note failure of pumps and low water levels in the atmospheric storage tank(s) shall be provided. Each alarm shall cause a horn to sound inside the pumphouse and a red light on the exterior of the pumphouse to be illuminated. Each alarm function shall be labeled and the alarm shall be equipped with a silencing mechanism.

(b) In instances where the pumphouse is not easily seen, the alarm system shall include an auto dialer or similar computerized remote telemetry that will transmit the alarms to the owner or operator.

(1) Installed to continuously measure the flow from:

a. Each source independently;

b. Any washwater;

c. Any recycled water;

d. Any blended water of different quality; and

e. The finished water at the distribution entry point prior to the first customer and after any storage or clearwell at the pumphouse or treatment facility; and

(2) Maintained in accordance with the standards of the AWWA as required by Env-Dw 402.

(d) Data from the meters required under (c) above shall be recorded such that the operator may periodically access and save the data for tracking purposes. For each source, the monthly volume of withdrawal and the 24-hour maximum volume for each month shall be recorded and reported to the department in accordance with Env-Wq 2102.

(e) A pressure gauge shall be provided on the discharge line of the well pump prior to the check valve and on the finished water line entering distribution after storage. Gauges shall be installed with gauge cocks for isolation and of suitable range for the expected pressure range.

(f) The water system shall be capable of receiving an immediate addition of a disinfectant.

(g) Components of the system required by (e) above, shall include:

(1) An injection tap on source water feed lines, before all water storage tanks; and

(2) An electrical outlet interconnected with the source pump electrical system.

(h) All well and booster pump controls shall have a manual “off/on/automatic” switch to control pump operations.

(i) Air compressors, if needed as part of the system design, shall be of the oil-less type.

(j) Mercury-type float switches shall be prohibited and if present shall be removed.

(k) Pump run time meters shall be installed on all pumps, including, but not limited to, well pumps and booster pumps.

(l) All lubricants for motors, pumps, and other mechanical equipment that comes into contact with potable water shall be of food grade oils.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.22)

N.H. Code Admin. R. Ann. Env-Dw 405.20 Well Appurtenances and Pump Installation and Design

(a) No well installed after June 4, 1997 shall be placed inside a pumphouse or building being served by the water system.

(b) Well casings shall project at least 18 inches above finished grade and shall terminate at or above the flood hazard elevation determined pursuant to Env-Dw 405.06(b).

(c) For existing wells vault below finished grade or other structure where the floor is below finished grade, the well casing shall extend above the finished floor at least 24 inches and comply with all construction requirements of We 602.35.

(d) Where existing wells are installed inside a vault below finished grade or other structure where the floor is below finished grade, a screened gravity drain line shall be installed that discharges to daylight and drains during the 100-year flood.

(e) A tight seal shall be provided around all entry ports into the well, except the well cap shall be vented and screened in accordance with We 600.

(f) Provisions shall be made to allow the removal of the well pump for repair.

(g) All well sources shall be capable of being separately sampled for water quality at a source sample tap. A check valve shall be located downstream of all source sample taps before entering storage tank(s), treatment systems, or distribution. Sample taps shall have a smooth outlet nozzle at least 18 inches above ground and shall be clearly labeled with the corresponding source ID number.

(h) Wells shall have an appropriately-sized stilling tube or alternative provisions for electronic drawdown probes permanently installed in the well so as to allow determination of the static and drawdown water levels. Existing wells shall conform with this requirement when the well pump is replaced or when well pump repair work is next done.

(i) Well pumps shall be sized to operate during normal operations at or near their best efficiency point as stated in the manufacturer’s specifications.

(j) All pump motors shall be premium efficiency motors as defined by ANSI/NEMA Standard MG-1-2021, “Motors and Generators”, 2021, available as noted in Appendix B.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.23)

N.H. Code Admin. R. Ann. Env-Dw 405.21 Storage Tanks

(a) All water storage tanks shall have drains.

(b) All water storage tanks shall be located above the seasonal high water table or fixed to a properly designed anti-floatation pad or block to prevent possible flotation when empty. Concrete water storage tanks shall be installed above the seasonal high water table to protect the contents from possible cross-contamination. Proposals to bury the concrete water storage tanks into or below the water table shall not be acceptable.

(c) Atmospheric water storage tanks shall have a downward turned “U” vent with fine mesh screening and shall be resistant to vandalism.

(d) To help ensure the integrity of water storage tanks, all buried steel water storage tanks shall:

(1) Be installed in accordance with current industry practice;

(2) Be provided with an underdrain system to ensure that the seasonal high water table remains below the bottom of the water storage tank;

(3) Have a protective interior coating that shall be certified as being manufactured and applied for use with potable water in accordance with the approved listings in Env-Dw 403; and

(4) Have a protective exterior coating, any damage to which shall be repaired prior to tank backfill.

(e) Atmospheric water storage tanks shall be equipped with a lockable capped filler pipe to accommodate tank truck water delivery.

(f) All water storage tanks larger than 500 gallons and installed after January 1, 1996 shall have a name plate identifying the following:

(1) Year of manufacture;

(2) Size; and

(3) Pressure rating.

(g) All pressure tanks shall meet the requirements of the American Society of Mechanical Engineers (ASME) “Boiler and Pressure Vessel Code Section VIII-Rules for Construction of Pressure Vessels”, 2023, available as noted in Appendix B, for their intended use.

(h) All new atmospheric storage tanks shall have a means to access the interior of the tank to facilitate periodic cleaning, inspection, and the maintenance of interior coatings.

(i) All interior materials and coatings shall be certified as being manufactured and applied for use with potable water in accordance with the approved listings in Env-Dw 403.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.22 Wiring and Control Devices

(a) All wiring for water system controls and equipment shall be in accordance with the requirements of the version of the National Electrical Code used as the basis for licensing electricians in New Hampshire, as specified in Elec 404.04.

(b) All electrical devices shall be grounded by a separate and dedicated groundwire.

(d) All junction boxes, relays, and contactors shall be in enclosures.

(e) All wiring shall be installed in a conduit. Conduits shall be run no less than 2 feet above the floor. Panels shall be mounted at least 3.5 feet above the floor unless they are designed and installed as floor mounted.

(f) All equipment disconnects shall be capable of being locked out during service.

(g) All relays and starters not part of an integrated panel shall be labeled.

(h) A detailed schematic of the electrical system shall be posted in the enclosure or in an obvious place in the pumphouse, and shall also be part of the operational manual.

(i) All pump controls shall have a manual “off/on/auto” switch to control pump operations. Where the water is pumped into a pressure system, a pressure relief valve or similar pressure surge protection shall be provided with the discharge piped toward a floor drain or exterior drainage.

(j) Mercury-type float switches shall be prohibited, and shall, if present, be removed and replaced.

(k) The electrical circuits of all chemical feed pumps shall be interconnected with the electrical circuit of the pump supplying the water being treated such that the chemical feed pump can only operate when the water supply pump is pumping. Where water flow requiring the use of a chemical feed pump varies, the chemical feed pump speed shall vary automatically proportionally to water flow rate.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.25)

N.H. Code Admin. R. Ann. Env-Dw 405.23 Treatment Design Criteria

(a) When selecting water treatment processes at small CWSs, the design shall clearly demonstrate consideration of the following:

(1) Maximizing the effectiveness of treatment;

(2) Including sufficient controls and monitors to identify treatment performance and aid in operation;

(3) Supporting reliability and flexibility of operations;

(4) Selecting processes with low capital and operational costs and energy demand;

(5) Designing equipment to be easily repaired or replaced in-kind to minimize operational downtime;

(6) Sizing and configuring equipment consistent with the practices and standards of the professional water treatment industry; and

(7) Minimizing waste residuals generation and preventing impacts to the environment.

(b) Where filters are proposed or required, filter sizing shall minimize head loss and maximize treatment efficiency.

(1) Initiate a backwash based on volume of water treated, differential pressure, or contaminant breakthrough and not based on filter run time; and

(2) Minimize backwash waste volume.

(d) Any non-domestic discharge shall be registered, permitted, or both as required by local, state, and federal authorities.

(e) Containers storing treatment chemicals shall be constructed of materials compatible with the stored chemicals and shall provide secondary containment for at least 110 percent of the stored volume.

(f) If treatment is proposed or required, the final design shall:

(1) Describe the proposed treatment process, including how the process functions conceptually;

(2) Include a schematic representation of the treatment process;

(3) Describe the equipment, chemical(s), plumbing, and electrical control systems that represent a complete treatment process;

(4) Describe the anticipated treatment wastes and their disposal, in accordance with Env-Dw 405.24;

(5) Include a tabular summary of laboratory sampling results analyzed by a New Hampshire- accredited laboratory, which identifies:

a. The target contaminant(s) and treatment goals; and

b. All other water quality parameters, by name and concentration, that might affect or be affected by the treatment process;

(6) Identify the configuration of all components of the treatment process, including:

a. The rationale for a series or parallel configuration;

b. The number of trains of equipment; and

c. A description of each pretreatment process;

(7) Identify the design criteria used for each treatment component of the process, including:

a. The hydraulic loading rate;

b. The detention time or empty bed contact time;

c. The backwash or regeneration flow rate, and frequency, volume of discharge, and anticipated contaminant concentrations of backwash or regeneration events; and

d. The criteria used to establish the need for filter backwash or media regeneration;

(8) Include a sampling tap with a smooth outlet nozzle to be installed between each treatment unit process and identify plumbing appurtenances throughout the treatment sequence, including:

a. Connecting pipe size, isolation valves, check valves, unions, and bypasses;

b. Meter(s) and their type including whether indicating, totalizing, or recording; and

c. Flow restrictors and their rating;

(9) Identify measuring, control, and communication or alarm equipment, including:

a. Chemical feed pump pacing method and associated equipment;

b. Flow switch interrupt of chemical feed equipment when there is no production flow; and

c. Other automatic monitoring and communication devices;

(10) For each treatment chemical to be used:

a. Specify the chemical feed rate and the target dosage;

b. Provide documentation demonstrating that the chemical is approved for drinking water use in accordance with the American National Standards Institute (ANSI) standard 60 as required in Env-Dw 403; and

c. A copy of the safety data sheet (SDS) for that chemical; and

(11) Include a water quality monitoring plan for determining the quality of the treated water and waste flows, as described in Env-Dw 405.26.

(g) Flow mix, if proposed, shall be in accordance with Env-Dw 402.04.

(h) A sampling point shall be provided after the last point of chemical injection with consideration given to adequate mixing. If atmospheric storage is located prior to the first customer, sampling points shall be provided both upstream and downstream of the atmospheric storage tank.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.24 Disposal of Treatment Wastes and By-Products

The proposal for disposal of treatment wastes and by-products required by Env-Dw 405.23(f)(4) shall:

(a) Identify the volume and strength of treatment wastes and by-products expected to be generated;

(b) Identify whether the expected treatment wastes or by-products are hazardous and cite the applicable rule(s);

(d) Identify the method(s) proposed to dispose of the treatment wastes or by-products; and

(e) Estimate the annual cost of waste disposal.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.28)

N.H. Code Admin. R. Ann. Env-Dw 405.25 Operation and Maintenance Manual

(a) The owner shall ensure that an operation and maintenance manual of the water system is on file at the system, and the owner shall submit said manual to the department.

(b) The manual, electronic or paper, required by (a) above, shall:

(1) Always be available on-site at the water system and, if paper, be bound; and

(2) Include the following:

a. A schematic drawing of the treatment process, which shall identify each unit of the treatment equipment by:

Type;
Size;
Model number; and
Any appurtenances;

b. An original or a photocopy of the description of the treatment equipment from the manufacturer’s catalogue;

c. A separate schematic drawing of the treatment process in the normal production configuration, which shall include:

A written description of the process, which shall reference the schematic drawing and show flow direction; and
The approximate expected values, settings, or feed rates for pumps, gauges, gate valves, and controllers in the production mode;

d. A separate schematic drawing of the treatment process in the normal backwash or regeneration configuration and written description which references the schematic drawing, showing the backwash or regeneration process functions which includes:

The flow rate of backwash or regeneration and its temperature dependency where applicable;
The duration of backwash or regeneration;
The frequency of anticipated backwashes or regenerations;
The approximate expected values, settings, or feed rates for pumps, gauges, isolation valves, and controllers in the backwash mode; and
The backwash disposal location and a copy of the backwash waste discharge registration issued by the department;

e. Recommended short- and long-term maintenance schedules for each piece of equipment;

f. A description of common operational problems and proposed corrective operator responses;

g. A description of how the operator can maximize the efficiency of the treatment process relative to:

Energy use;
Chemical use;
Maximizing the net treated water production volume; and
Minimizing the volume of waste and by-products produced; and

h. A blank copy of the compliance and oversight operational form that is required by Env-Dw 503 to be submitted to the department when a water system performs treatment.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.29)

N.H. Code Admin. R. Ann. Env-Dw 405.26 Water Quality Monitoring Plan

The water quality monitoring plan required by Env- Dw 405.23(f)(11) shall:

(a) Identify recommended operational raw water test parameters and sampling frequencies; and

(b) Identify recommended operational finished water test parameters and sampling frequencies in addition to compliance monitoring required in accordance with Env-Dw 701 through Env-Dw 719, as applicable.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.30)

N.H. Code Admin. R. Ann. Env-Dw 405.27 Distribution System

(a) Subject to (c) below, the system shall be designed to maintain a minimum pressure of 20 pounds per square inch (psi) at ground level at all points in the distribution system under all conditions of flow. The normal working pressure should be approximately 60 to 80 psi and shall not be less than 35 psi.

(b) Subject to (c) below, when static pressure exceeds 100 psi, pressure reducing devices shall be installed on each individual water service line at the meter or on the water main to maintain pressure at less than 100 psi. Where pressure reducers are installed below ground, they shall be located in a vault, which shall have a gravity drain to daylight with a rodent screen. Any bypass line around a water main pressure reducer shall also have a pressure reducer. The PWS owner shall maintain all pressure reducing devices, whether on individual water service lines or on water mains, in proper working order.

(d) Individual booster pumps shall not be allowed for any individual residential service from the public water supply mains.

(e) The water distribution piping shall be so valved as to allow isolation of major sections of the water distribution piping system for repairs while still providing service to most of the water system.

(f) The spacing for inline isolation valves installed on water mains shall not exceed every 800 feet. Isolation valves shall be provided at all intersecting pipes. Isolation valves shall be located at not more than 500-foot intervals in areas where the ground elevation is below the flood hazard elevation as determined in accordance with Env-Dw 405.07(b) and in areas where water pipes are at a reasonable risk of being damaged by erosion.

(g) Blow-offs or similar flushing devices shall be installed to allow flushing of all water mains in the water distribution piping system. Flushing devices shall be sized to provide flows which will give a velocity of at least 3.0 feet per second in the water main being flushed. Blow-offs and flushing devices shall not have drains, or the drains shall be plugged, to prevent cross contamination.

(h) Dead-end piping shall be minimized. Dead-end mains shall be equipped with a means to provide adequate flushing in accordance with (g) above.

(i) Near the temporary end of a water main, a gate valve shall be installed to allow future piping extension without shutting down the system or jeopardizing the health of existing consumers.

(j) Water distribution piping shall be bedded in sand or other appropriate material in accordance with the applicable standard of the AWWA as listed in Env-Dw 402.

(k) Water distribution piping for year-round PWSs shall be buried below the frost line.

(l) Subject to (n) below, a minimum horizontal separation of 10 feet shall be maintained between water mains and gravity sanitary or storm sewers, sewer force mains, sewer manholes, inlets, and other structures, and septic tanks. The distance shall be measured from outside edge to outside edge.

(m) Subject to (n) below, if a water main must cross a gravity sanitary or storm sewer pipe or force main, the water main shall cross above the sewer pipe with not less than 18 inches of clear separation. At crossings, one full length of water pipe shall be located so both joints will be as far from the sewer as possible. Special structural support for the water and sewer pipes shall be provided as necessary.

(n) When it is impracticable to maintain the minimum separation distances specified in (l) and (m) above, or when it is impracticable to install water mains above sanitary or storm sewer pipes, deviations from the requirements of (l) and (m) above, shall only be allowed if a specific waiver is granted by the department in accordance with Env-Dw 405.33. In addition to any other condition(s) imposed by the department in granting the waiver, the following requirements shall apply:

(1) The water main shall be laid in a separate trench or on an undisturbed earth shelf located on one side of the sewer and at an elevation so the bottom of the water main is at least 18 inches above the top of the sewer pipe;

(2) The sanitary or storm sewer pipe materials shall be pressure rated, and the manholes, inlets, and other sewer structures shall be watertight and shall be pressure or leak tested to demonstrate watertightness; and

(3) Where water piping crosses under sanitary or storm sewer piping, a minimum of 18 inches clearance shall be required.

(o) The required minimum separation distance between water pipes and subsurface sewage disposal systems shall be as specified in Env-Wq 1008.04.

(p) When pipes cross water bodies 15 feet or wider, pipes shall be buried at least 5 feet below the water body’s bed, and isolation valves shall be installed on each side of the water body, between the water body and the closest service connection.

(q) Piping and valving material and installation techniques shall conform with the appropriate AWWA specification, in accordance with Env-Dw 402.

(r) Other utilities including but not limited to natural gas, electric, telephone, steam, and cable television, shall not be installed within 3 feet of water mains.

(s) All buried non-metallic piping shall be backfilled with an effective metal tracing element located above the pipe approximately 6 inches below the finished grade.

(t) Gate valves and house service shut-offs shall be equipped with cast iron gate box extensions. Gate valve boxes shall have cast iron covers clearly marked by the word “water” or other appropriate water supply marking and shall be installed flush with the finished grade.

(u) Rigid connections shall not be used to construct or repair water distribution piping systems.

(v) The distribution system shall not include any fixture which incorporates a stop and waste valve cross-connection, unless a reduced pressure backflow device or air gap is used pursuant to Env-Dw 505.

(w) Any PWS that conducts a partial or full replacement of a lead service line or galvanized service line requiring replacement is subject to the requirements of 40 CFR 141 Subpart I, 7-1-24 edition.

(x) Handling and disposal of lead pipe, galvanized pipe that might contain lead, or other lead components is subject to Env-Hw 400, Env-Hw 500, Env-Hw 600, and Env-Hw 1200.

(y) Where it is not practicable to bury a service line below the frost line all the way to the building entrance, for example under mobile homes, heat tape shall be installed to prevent the service line from freezing. The length of above-ground service pipe shall be minimized.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.32)

N.H. Code Admin. R. Ann. Env-Dw 405.28 Verification of Quality of Distribution Pipe Installation

(a) Water distribution piping at small CWSs shall be installed in accordance with the provisions of the appropriate AWWA specification listed in Env-Dw 402, as applicable to the type of distribution pipe chosen.

(b) At a proposed small CWS, the quality of the workmanship and adherence to the approved design and pipe specifications shall be documented in writing to the department in accordance with (c) through (g), below. Such certification shall not be required for the expansion or modification of the distribution system once the initial design has been completed and the water system has been assigned a PWS ID number.

(c) The person who owns and is proposing the creation of the new small CWS shall retain the services of a qualified third party who is not an employee and does not otherwise have a financial interest in the project or legal relationship with the project principals to certify the quality of the water distribution piping installation.

(d) The following parties shall be acceptable to the department for providing the certification required by (c) above:

(1) A New Hampshire-certified water distribution system operator with a grade I or higher certificate;

(2) A New Hampshire-licensed civil or sanitary engineer;

(3) A city or town building or code enforcement official or other person with significant experience in drinking water industry specifications for piping and pipe installation of the city or town in which the project is located; or

(4) Another individual with experience in the construction of PWSs as approved by the department.

(e) Certification from the owner or developer of the PWS or from the contractor performing the distribution pipe installation shall not be acceptable.

(f) The person or firm selected as the third party to inspect the quality of the distribution piping installation shall:

(1) Inspect a minimum of 20% of the total footage for each size of water distribution pipe included on the approved plans; and

(2) Provide to the department a map identifying the pipe section(s) observed and a certificate or letter indicating that the quality of the distribution pipe installation met the applicable AWWA installation standard and was consistent with the best practices in the industry.

(g) The certificate required by (f)(2) above, shall include:

(1) The name and address of the owner or developer;

(2) The name of the development and city or town in which it is located;

(3) The name of the street and center line stationing for which the certificate applies;

(4) The name of the contractor;

(5) Pipe information including type, size, and cover depth;

(6) The date(s) of the inspection(s) for the distribution pipe installation;

(7) The inspector’s qualification pursuant to (d) above, which indicate expertise with pipe line installation and the applicable AWWA pipe installation standards; and

(8) Confirmation that the results of the leakage test on the pipe did not exceed the leakage limits specified in the applicable AWWA pipe installation standards.

(h) Copies of the leakage test results for the entire water distribution system and the certificate and map as per (f) above, shall accompany the as-built plans or record drawings submitted pursuant to Env-Dw 405.29(b).

(i) Such certification shall not be required if the total length of new distribution piping installed is less than 250 feet.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.31)

N.H. Code Admin. R. Ann. Env-Dw 405.29 Post-Construction Procedures

(a) Within 90 days after the water system, or a portion thereof, is placed into service, record drawings shall be submitted to the department and to the operator showing precise horizontal dimensional measurements, depth of bury, material type, and nominal size of all buried water distribution piping and fittings, and service shut-offs, curb stops, taps, corporation stops, gate valves, blow-offs, hydrants, flushing devices, and utility crossings.

(b) For purposes of this section, “precise dimensional measurements” means of sufficient accuracy to locate the piping or appurtenance to within 1 foot accuracy, recorded to the nearest 0.5 foot.

(c) Prior to serving water to the public, the owner shall submit a lead service line inventory and lead service line replacement plan meeting the requirements of 40 CFR 141 Subpart I to the department for review and approval.

(d) The owner shall maintain and update, as necessary, based on the best information available to the owner, the small CWS’s:

(1) Record drawings and tie location records as required by Env-Dw 504.08; and

(2) Lead service line inventory and replacement plan as required by 403.03(b).

(e) Flushing and chlorination of the water distribution piping system shall be completed before use. Before the inspection of the water system by the department as required by Env-Dw 405.30, the entire water system, distribution pipes, storage tanks, and pumps shall be flushed to remove any dirt or other contaminants, and then chlorinated in accordance with the appropriate AWWA standard, as specified in Env-Dw 402.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.30 Notification of Initiation of Water Service and Request for Inspection

(a) Subject to (b) below, upon completion of the construction of a PWS and all required testing, but no later than 10 working days preceding the start of water service, the owner shall notify the department of the proposed date of the start of water service and request an inspection of the water system. The PWS shall not initiate service until 10 days after all notifications are provided in writing to the department

(b) As part of or prior to the notification required by (a) above, the owner shall submit to the department:

(1) Written verification of completion of construction, disinfection of all water system components that will come into direct contact with potable water, and completion of all required testing;

(2) The operation and maintenance manual required by Env-Dw 405.25;

(3) The record drawings required by Env-Dw 405.29(a);

(4) For new small CWSs, the lead service line inventory and replacement plan as required by Env-Dw 405.29(c); and

(5) The final copy of the legal documents pertaining to the creation, ownership, and management of the proposed CWS.

(d) For existing PWSs, an inspection by the department shall not be required for construction of water main replacement, or extension, including water service connections, but the owner shall submit the information required in (b)(1) and (3) above to the department.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.31 Modifications and Expansions

(a) Any person seeking to expand or modify a small CWS shall submit the following to the department:

(1) Historical water use data for at least the past 2 years;

(2) The proposed design flow calculated in accordance with Env-Dw 405.11;

(3) Documentation demonstrating the existing source(s) have the required supply capacity as required by Env-Dw 405.13;

(4) A written request to amend the design approval;

(5) A description of the necessary changes;

(6) An explanation of why the changes are needed;

(7) For any new wells:

a. The well driller’s well completion report for each well as required in We 800;

b. The water quality analysis results of the water from each well as specified in Env-Dw 405.15; and

c. The permitted production volume of each well proposed to be connected to the small CWS, approved pursuant to Env-Dw 302, Env-Dw 305, or both as applicable;

(8) Plan sheets, including revisions to previously approved plans, and the following, if applicable:

a. For storage tank(s), the information in Env-Dw 405.16 and Env-Dw 405.21;

b. For booster pumps, pump controls, and auxiliary equipment, the information in Env-Dw 405.17 and Env-Dw 405.19;

c. For a pumphouse or pump room, the information in Env-Dw 405.18;

d. For well appurtenances and pumps, the information in Env-Dw 405.20;

e. For wiring and controls, the information in Env-Dw 405.22;

f. For water treatment facilities, the information in Env-Dw 405.23, Env-Dw 405.24, and Env-Dw 405.26; and

g. For water distribution systems, the information in Env-Dw 405.27;

(9) Revised calculations, as applicable;

(10) If infrastructure is decommissioned, photo documentation showing a minimum 12-inch gap in the piping from the original well(s), storage tank(s), and any other decommissioned infrastructure; and

(11) If connection to another PWS is proposed, documentation from the supplying owner certifying that:

a. Adequate quantities of water are available to serve the proposed PWS;

b. With the proposed PWS online, adequate system pressures and source capacity will be maintained; and

c. The design fee as required by Env-Dw 402.03.

(b) For deepening or hydrofracturing of wells at CWS, the applicant shall comply with Env-Dw 302 and Env-Dw 305, as applicable.

(c) Replacement in-kind does not require department approval, except that replacement of a well shall comply with the requirements of Env-Dw 302 or Env-Dw 305, as applicable.

(d) The plans and specifications for modifications to PWSs having a design flow greater than 20,000 gpd shall be sealed by a professional civil or sanitary engineer licensed in the state of New Hampshire.

(e) The department shall approve the application to modify the CWS if the design meets the criteria in this part.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 405.32 Expiration and Extension of Design Approvals

(a) Any final design approval for a proposed small CWS shall expire 4 years after issuance if the pumphouse and 25% or more of the proposed water distribution piping system have not been completed and the water system has not started operation.

(b) A new design review fee and appropriate design revision shall be required for review and re-approval of lapsed designs.

parameters listed in Env-Dw 701 through Env-Dw 706 for re-approval of lapsed designs.

(d) To request an extension to a small CWS design approval, the owner shall submit a written request for extension, including:

(1) Specific reason(s) why the extension is being sought;

(2) The new construction schedule;

(3) Certification that no changes have been made to the original approved design; and

(4) A new water quality test for each source for the applicable parameters listed in Env-Dw 701 through Env-Dw 706.

(e) After reviewing an extension request, if the department finds that the previously approved design will ensure that the project is consistent with all applicable requirements in place at the time the extension request was received, the department shall extend the approval for a reasonable amount of time, under the circumstances, not to exceed 4 years.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.36)

N.H. Code Admin. R. Ann. Env-Dw 405.33 Waivers

(b) Waivers shall not be granted for criteria which pose a direct risk to public health, such as including, but not limited to, proper well construction, multiple wells where required, water quality standards, or the integrity of the water storage tank(s).

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.35)

Part Env-Dw 406 Design Standards for Non-Community Water Systems

N.H. Code Admin. R. Ann. Env-Dw 406.01 Applicability

Revision Note:

Document #10613, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 373 under a new subtitle as Part Env-Dw 406. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

The former Part Env-Ws 373 had last been filed under Document #8499, effective 11-30-05, which had adopted Part Env-Ws 373. The rules in former Part Env-Ws 373 did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10613, effective 6-1-14.

(a) The rules of this part shall apply to PWSs that are non-community water systems as defined by Env-Dw 103.37, which comprise:

(1) Transient non-community (TNC) water systems, which serve a transitory non-residential population, such as restaurants, motels, and campgrounds, and serve at least 25 persons in a transitory setting for more than 60 days each year; and

(2) Non-transient non-community (NTNC) water systems, which serve a regular but non- residential population such as schools, workplaces, and day care centers, and serve the same 25 people, or more, over 6 months per year.

(b) Criteria that only apply to a particular type of non-community water system shall be as noted in each specific rule requirement.

(c) For existing non-community water systems that propose to expand or be modified, and those required by the department to make water system improvements, including new wells, the design criteria of this part shall apply only to the component(s) of the PWS affected by the proposed expansion, modification, or both. For the purposes of this part, “modified” means altered, added to, expanded, or enlarged.

(d) Existing non-community water systems that have not previously been approved pursuant to this part, shall obtain approval in accordance with this part.

(e) Non-community water systems that are being reactivated, if they have been inactive for 6 months or more, shall comply with this part. This shall not include PWSs that normally open and shut down for seasonal operations.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.02)

N.H. Code Admin. R. Ann. Env-Dw 406.02 Public Water System Capacity Assurance

All proposed NTNC water systems shall comply with the requirements of Env-Dw 602 before the operation of such water system begins.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.03)

N.H. Code Admin. R. Ann. Env-Dw 406.03 Approval Required for New Non-Community Water Systems

(a) No person shall connect a new or existing well that is intended to serve a PWS without prior approval obtained in accordance with this part.

(b) Any existing water supply source for a PWS that has not previously been approved by the department shall meet the requirements specified in this part.

(c) No person shall commence operation of a PWS or connect to any other PWS without obtaining approval for the final design in accordance with Env-Dw 406.10 and without completing the post- construction procedures required by Env-Dw 406.27.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.04 Approval Required for Modifications

(a) Subject to (c) below, no person shall perform modifications to an existing non-community water system’s collection, treatment, storage, or distribution facility, including hydraulic and pumping infrastructure, that could adversely affect public health, without approval from the department in accordance with Env-Dw 406.29.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.05 Application Procedures

(a) An applicant requesting approval to construct or register a new PWS or reactivate a PWS shall submit a complete application, as specified in (b) below, to the department electronically at dwengineering@des.nh.gov.

(b) An application shall be submitted in two parts, part I, concept approval, and part II, final design:

(1) Part I shall be completed as specified in Env-Dw 406.06 and part II shall be completed as specified in Env-Dw 406.09; and

(2) Part II shall not be submitted until part I has been approved by the department and all new sources required as part of the design have been approved by the department.

(c) An applicant requesting approval to modify, expand, or enlarge an existing PWS shall submit the following to the department electronically at dwengineering@des.nh.gov:

(1) The name, location, and PWS identifier;

(2) The name, mailing address, daytime telephone number, and e-mail address of the contact person who can answer questions about the proposal on behalf of the owner; and

(3) The information required in Env-Dw 406.29.

(d) The plans and specifications for all proposed non-community water systems or modifications, including expansions, to existing non-community water systems with a design flow greater than 20,000 gallons per day (gpd) or with 50 or more service connections shall be stamped by a professional engineer licensed in the state of New Hampshire.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.06 Application Part I, Concept Approval

(a) The applicant for a new non-community water system shall provide the following information with part I of the application:

(1) The name, mailing address, daytime telephone number, and e-mail address of the applicant;

(2) The name and mailing address of the owner(s) of the property on which the project will occur, if other than the applicant;

(4) The name, mailing address, daytime telephone number, and e-mail address of the consultant for the project, if any;

(5) The town tax map(s) and lot number(s) and street address of the property on which the project is proposed;

(6) A brief description of the project and whether the proposed small non-community water systems is a phase of a larger plan of development;

(7) A list of all existing active and inactive wells or PWSs on the site, their respective uses, and whether the existing wells will be connected to the proposed non-community water systems or have been abandoned pursuant to We 404;

(8) A map specifically locating the proposed service area;

(9) The size of the proposed PWS, including:

a. The number of residential units and, for non-domestic flow, the number of residential- equivalent units based on one residential-equivalent unit being 300 gpd design flow and rounding to the nearest full residential-equivalent unit;

b. The design flow determined in accordance with Env-Dw 406.11;

c. The required source capacity calculated pursuant to Env-Dw 406.12; and

d. For each new well source proposed, the radius of the sanitary protective area (SPA) determined in accordance with Env-Dw 406.14;

(10) A vicinity plan showing nearby existing PWSs;

(11) If a new well source is proposed, a plan covering the extents of the property on which the well is proposed to be located and the proposed SPA showing a north arrow, plan scale, property boundaries, tax map and lot numbers of the adjacent lots, a list of abutters, location of well(s), SPA, buildings, roads, roadway rights-of-way, driveways, parking areas, snow storage areas, surface waters, wetlands, natural drainage ways, elevation as specified in (b) below, septic tanks, septic system areas, nitrate setbacks, fuel storage tanks, solid waste disposal areas, stormwater facilities, and grading; and

(12) Location(s) and flow(s) of any proposed non-potable well(s).

(b) Pursuant to (c) below, the flood hazard elevation shall be determined using:

(1) The freeboard value, reached by adding 3 feet to the 1-percent-annual-chance flood elevation, or adding 3 feet to the highest flood elevation of record, whichever is higher; or

(2) A best available science approach that uses readily available, actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on latest climactic predictions.

(c) If the project is for infrastructure within at least one of New Hampshire’s 17 coastal zone municipalities, including Dover, Durham, Exeter, Greenland, Hampton, Hampton Falls, Madbury, New Castle, Newfields, Newington, Newmarket, North Hampton, Portsmouth, Rollinsford, Rye, Seabrook, and Stratham, determination of the flood hazard elevation specified in (b) above shall address projected storm surge, sea level rise, and precipitation events identified in the “New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections" prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel 2019 available as noted in Appendix B. A representative concentration pathway (RCP) of RCP 4.5 or higher and a “low” or “very low” tolerance for flood risk shall be applied.

(d) If connection to another PWS is proposed, the supplying owner shall provide information demonstrating:

(1) Adequate quantities of water are available to serve the proposed PWS; and

(2) With the proposed PWS online, adequate system pressures and source capacity will be maintained.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.07 Application Approval, Request for Additional Information, and Denial for Part I – Concept Approval

(a) The department shall review part I of the design review application in accordance with Env-Dw 406.08.

(b) If the department determines that the information submitted in part I of the application meets the criteria specified in Env-Dw 406.06 and Env-Dw 406.08 the department shall issue a concept approval and include project-specific conditions as necessary to ensure compliance with the requirements of these rules and RSA 485.

(c) If the department determines that the information submitted in part I of the application is insufficient for the department to determine whether the criteria of Env-Dw 406.06 and Env-Dw 406.08 have been met, the department shall notify the applicant in writing of the additional information needed to assess the application.

(d) The notice required by (c) above shall specify:

(1) What information is needed;

(2) The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;

(3) The provisions of Env-Dw 406.06 relative to submitting the information; and

(4) The provisions of (e) and (f) below relative to failing to provide the information.

(e) If the criteria specified in Env-Dw 406.06 and Env-Dw 406.08 are still not met including the information submitted as a result of the notice made pursuant to (c) above, the department shall notify the applicant a second time, in accordance with (c) above, in writing of the additional information needed to assess the application.

(f) The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 406.06 and Env-Dw 406.08 are not met after the second request as specified in (e) above.

(i) Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 406.06.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.08 Criteria for Concept Approval for a Proposed Non-Community Water System

(a) No well construction or water system design shall commence on a proposed non-community water system until a concept approval is issued by the department.

(b) The issuance of a concept approval for a proposed non-community water system shall be based on the following criteria:

(2) The method of operation of the proposed non-community water system is adequate to ensure that all applicable requirements of subtitle Env-Dw are met;

(3) The proposed non-community water system is consistent with state, regional, or local water resource, or water supply management plans for the area;

(4) The proposed non-community water system ownership and operation is consistent with other New Hampshire public utility commission (PUC) franchises in the area;

(5) The proposed non-community water system will use the best feasible source of water available; and

(6) The use of surface water shall not be allowed as a source water for any non-community water system.

(d) Favorable criteria for the best feasible source of water concept shall include an interconnection with any of the following:

(1) Larger PWSs;

(2) PWSs that have full time employees who have higher levels of training and experience in the water works profession;

(3) PWSs with large volume water storage tank(s); and

(4) PWSs that have available equipment, controls, and communications that better ensure the reliability of operations and water quality.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.04)

N.H. Code Admin. R. Ann. Env-Dw 406.09 Application for Part II, Final Design

(a) An applicant requiring final design of a non-community water system, including reactivation or registration, shall provide the following information constituting part II of the application:

(1) A corrected copy of part I of the application previously submitted, which clearly identifies any changes from the original submittal, if applicable;

(2) A revised plan, if different than that submitted with part I of the application pursuant to Env-Dw 406.06(a);

(3) The well completion report for each well as required in We 800;

(4) The water quality analysis results of the water from each well as specified in Env-Dw 406.16;

(5) The well capacity of each well proposed to be connected to the PWS determined pursuant to Env-Dw 406.15;

(6) The name of a designated primary operator certified in accordance with Env-Dw 502 or a person that has taken or arranged to take the operator certification exam as required under Env-Dw 502;

(7) For NTNC water systems, a business plan pursuant to Env-Dw 602;

(8) An emergency plan pursuant to Env-Dw 503;

(9) The following design information, as applicable:

a. For storage tank(s), the information in Env-Dw 406.20;

b. For pump controls and auxiliary equipment, the information in Env-Dw 406.18;

c. For a pumphouse or pump room, the information in Env-Dw 406.17;

d. For well appurtenances and pumps, the information in Env-Dw 406.19;

e. For wiring and control devices, the information in Env-Dw 406.21;

f. For water treatment facilities, the information in Env-Dw 406.22, Env-Dw 406.23, and Env-Dw 406.25; and

g. For water distribution systems, the information in Env-Dw 406.26; and

(10) For well source(s) constituting a large groundwater withdrawal as defined in RSA 485-C:2, a copy of the large groundwater withdrawal permit issued by the department in accordance with Env-Wq 403.

(b) Any material, product, or equipment incorporated into a PWS shall comply with the appropriate standard(s) of the AWWA, as specified in Env-Dw 402 if such a standard exists, and shall be specified in the design information accordingly.

(d) The design review fee required by Env-Dw 402.03 shall be paid in conjunction with submission of part II of the application.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.10 Application Approval, Request for Additional Information, and Denial for Part II – Final Design

(a) The department shall review part II of the design review application submitted in accordance with Env-Dw 406.09.

(b) If the department determines that the information submitted in part II of the application meets the criteria specified in Env-Dw 406.09 and the design standards of this part, the department shall issue a final design approval and include project-specific conditions as necessary to ensure compliance with the requirements of the rules.

(c) If the department determines that the information submitted in part II of the application is insufficient for the department to determine whether the criteria of Env-Dw 406.09 or the design standards of this part, have been met, the department shall notify the applicant in writing of the additional information needed to assess the application.

(d) The notice required by (c) above shall specify:

(1) What information is needed;

(2) The deadline for submitting the information, established based on the type and volume of the information needed but in no case later than 60 days following issuance of the notice by the department;

(3) The provisions of Env-Dw 406.09 relative to submitting the information; and

(4) The provisions of (e) and (f) below, relative to failing to provide the information.

(e) If the criteria specified in Env-Dw 406.09 and the design standards of this part, are still not met including the information submitted as a result of the notice made pursuant to (d) above, the department shall notify the applicant a second time, in accordance with (d) above, in writing of the additional information to be needed to assess the application.

(f) The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 406.09 and the design standards of this part are not met after the second request as specified in (e) above.

(i) Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 406.05 and a new application fee in accordance with Env-Dw 406.09(d).

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.11 Calculation of the Design Flow

(a) Subject to (c), below, the design flows for a non-community water system, shall be the maximum daily water use and shall be determined using one or more of the following methods:

(1) Using the values in Table 1008-1 in Env-Wq 1008.03; or

(2) Using historical water use in accordance with (b) below.

(b) Historical water use shall be determined using one of the following:

(1) If at least 12 months of consecutive daily water meter readings are available, the water system’s design flow shall be the maximum reported value;

(2) If at least 12 months of consecutive weekly water meter readings are available, the water system’s design flow shall be the daily average value multiplied by 2; or

(3) If at least 12 months of consecutive monthly water meter readings are available, the water system’s design flow shall be the daily average value multiplied by 3.

(c) Since the design flows contained in Env-Wq 1008 do not include exterior water use, for those water systems where watering lawns and gardens, filling swimming pools, supplying fire protection systems such as sprinklers, or other high water use demands are expected, additional supply capacity shall be provided, subject to (d) below.

(d) The PWS shall be designed for all expected uses. Any uses not accounted for in the design shall be explicitly prohibited.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.08)

N.H. Code Admin. R. Ann. Env-Dw 406.12 Required Source Capacity

(a) The required minimum total source capacity for non-community water systems shall be not less than 1.5 times the system’s design flow based on a 24-hour day.

(b) If the design flow exceeds 13,500 gpd, the PWS shall have a minimum of 2 active wells or an interconnection to another PWS.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.10)

N.H. Code Admin. R. Ann. Env-Dw 406.13 Well Location

(a) Non-community water system wells shall be located at least 50 feet from the high water line of any surface waters, and 50 feet from any wetlands, and natural drainage ways.

(b) The top of casing of non-community water system wells shall terminate at or above the flood hazard elevation determined pursuant to Env-Dw 406.06(b). The owner may add earth fill adjacent to the well to raise the finished grade around the permanent well casing for flood protection purposes, provided that all required permits for placing fill in wetlands and flood plains have been obtained.

(c) Non-community water system wells shall be located at least 50 feet from the edge of road rights-of-ways, driveways, and parking areas to reduce contamination from de-icing salts and other roadway-related potential contamination sources.

(d) No component of a PWS, including wells, shall be located in a Federal Emergency Management Agency designated floodway, with the exception of buried piping.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.11)

N.H. Code Admin. R. Ann. Env-Dw 406.14 Determination of the SPA

(a) The purpose of the SPA shall be to protect the long-term quality of each PWS well.

(b) The well capacity shall be determined in accordance with Env-Dw 406.15.

Table 406-1: Sanitary Protective Area Radii

Well Capacity (gpd)

Sanitary Protective Radius Length (ft.)

0 – 750

751 – 1440

100

1441 – 4320

125

4321 – 14,400

150

14,401 – 28,800

175

28,801 – 57,600

200

57,601 – 86,400

250

86,401 – 115,200

300

115,201 – 144,000

350

Greater than 144,000

400

(d) When the SPAs of more than one well overlap, then the individual SPAs for each well shall be based on their combined well capacity unless the applicant demonstrates through hydrogeological means that these wells are not interconnected.

(e) The following land uses shall be specifically excluded from within the SPAs of non-community water systems:

(1) Wastewater disposal systems, including septic tanks, grease traps, and effluent disposal areas;

(2) Soil fertilization areas;

(3) Nitrate set-back areas;

(4) Dumpsters;

(5) Detention ponds or infiltration basins;

(6) Storage tanks for oil, gasoline, natural gas, diesel fuel, or other hazardous chemicals; and

(7) Any uses associated with hazardous materials.

(f) Acceptable uses within the SPA for non-community water systems shall include those uses listed below:

(1) Roadways, with the exception of the required setback in Env-Dw 406.13(c);

(2) Parking areas, with the exception of the required setback in Env-Dw 406.13(c);

(3) Athletic courts;

(4) Surface water such as lakes, rivers, and streams, with the exception of the required setback in Env-Dw 406.13(a);

(5) Permanently protected or undevelopable land;

(6) Wastewater piping which passes within the sanitary protective area only if:

a. The type of pipe is ductile iron or approved equal pressure-type pipe that is tested for water-tight construction after installation; and

b. All wastewater piping is located at least 50 feet or a distance equal to one-half the SPA radius, whichever is greater, from the well;

(7) Pumphouse and permanent buildings; and

(8) Other compatible uses proposed in writing to the department by the water system owner if the submittal demonstrates that:

a. The type(s) and volume(s) of contaminant(s) associated with the activity, when subject to any best management practices proposed by the owner, will not pose a threat to water quality;

b. The owner has a contaminant mitigation plan that will prevent the contaminant(s) from rendering the water unfit for use by the PWS; and

c. The overall risk of groundwater contamination is outweighed by the benefit expected from the activity.

(g) For non-community water systems, the owner shall control the SPA. The owner shall, where possible, locate the well and SPA entirely on the property owned by the PWS. Once established, the SPA shall not be subdivided. Where the SPA cannot be located fully on the property owned by the PWS, the owner shall obtain written legal easements from abutters. Such easements shall specifically exclude the uses described in (e) above, from the area within the SPA.

(h) Notwithstanding the requirements of this part and Env-Dw 302, no well connected to a PWS shall be located closer to an aboveground storage tank or underground storage tank than the applicable distances specified in Env-Or 300 and Env-Or 400, as applicable.

History

#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.15 Pumping Tests

(a) For well source(s) constituting a large groundwater withdrawal as defined in RSA 485-C:2, the owner shall apply for and receive a large groundwater withdrawal permit in accordance with Env-Wq 403 prior to submitting part II of the design review application required by 406.09. Where the requirements of (b) through (h) below conflict with the requirements of Env-Wq 403, the stricter requirement shall apply.

(b) For all non-community water systems having a design flow of 13,500 gpd or greater, the owner shall demonstrate adequate source capacity by performing a sustained 48-hour pumping test at a constant rate for all wells proposed to be connected to the PWS. The pumping test shall meet the requirements of (c) through (h) below and demonstrate stabilized drawdown for at least the last 12 hours of the test. Stabilization is defined as a drawdown of less than one inch in 2 hours. If stabilization is not achieved, the pumping test shall continue and the department shall be contacted.

(c) The owner shall submit data documenting the pumping test on a pumping test log sheet that includes the following items:

(1) Well depth, in feet;

(2) The date of the pumping test;

(3) The pumping rate, in gallons per minute (gpm);

(4) The level of water in the well prior to pumping in feet below top of casing;

(5) The drawdown level during pumping, in feet below top of casing;

(6) The time the test was initiated and concluded and the total hours of the test;

(7) Water levels in the PWS’s existing wells as required by (g) and (h) below, where applicable; and

(8) On-site weather condition observations during pumping.

(d) Each log sheet shall be identified by project name, well number or name, location, and submittal date.

(e) Readings for water level and pumping rate shall be taken at least every hour so long as the change in drawdown exceeds 2 feet per hour. Thereafter, readings may be taken at appropriate intervals not to exceed 4 hours. Readings shall be direct measurements and not inferred from pump curves or other inferential methods.

(f) Where proposed wells are within 150 feet of each other, the pumping tests shall be run simultaneously.

(g) For an existing PWS, water levels in the PWS’s other well(s) shall be recorded before the pumping test starts, during the pumping test at intervals no greater than once every 4 hours, and just after the pumping test ends.

(h) For an existing PWS with one or more existing wells that will continue to be used even if the proposed well is approved, each other well shall be operated as usual to demonstrate system capacity requirements as defined in Env-Dw 406.12.

(i) Upon completion of the pumping test, the department shall determine the well capacity based on the constant pumping rate at which stabilization is demonstrated.

(j) For all non-community water systems having a design flow less than 13,500 gpd, the capacity of all wells connected to the PWS shall be determined by either a pumping test performed pursuant to (b) above or the well completion report submitted by a licensed well driller in accordance with We 801.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.13)

N.H. Code Admin. R. Ann. Env-Dw 406.16 Water Supply Quality Sampling

(a) The owner shall take a water sample from each source and have the sample analyzed for quality by a laboratory accredited by the New Hampshire environmental laboratory accreditation program for the analysis requested. Results from unaccredited laboratories shall not be accepted.

(b) Water quality for NTNC water systems shall meet the applicable standards established in chapter Env-Dw 700 or shall be capable of meeting these standards with approved treatment.

(1) Arsenic;

(2) Total coliform bacteria and E. coli;

(3) Chloride;

(4) Copper;

(5) Fluoride;

(6) Hardness;

(7) Iron;

(8) Lead;

(9) Manganese;

(10) Nitrate and nitrite;

(11) pH;

(12) Sodium;

(13) Per- and Polyfluoroalkyl Substances (PFAS); and

(14) Radon.

(d) In addition to the sampling required by (c) above, wells proposed to be connected to a NTNC water system shall be sampled for radionuclides as required by Env-Dw 710.05(c).

(e) The department shall require testing for additional contaminants if review of available data identifies contamination sources that might contaminate the well.

(f) The collection date of the samples taken in accordance with (a) above shall be no greater than 6 months prior to the time the final design application is submitted to the department.

(g) Samples taken in accordance with (a) above shall be taken after at least 3 well volumes have been pumped from the well.

(h) The owner shall have the laboratory results submitted to the department as originals or copies of the original. Re- typing or re-writing the data shall not be acceptable.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.14)

N.H. Code Admin. R. Ann. Env-Dw 406.17 Pumphouse Design and Construction

(b) Pumphouses shall have screened gravity floor drains or equivalent with all floors pitched ¼-inch per foot toward the drains. Sump pumps shall not be acceptable in lieu of screened gravity floor drains. The drain pipes shall not discharge to any surface water and shall be screened at the discharge end to prevent small animals or insects from blocking flow.

(c) The layout of equipment and the design of the pumphouse shall provide for adequate space to allow operation and preventative maintenance.

(d) The design and materials shall include provisions to minimize vandalism damage to wells, doors, and roofs, and shall not have windows.

(e) The pump station walls and ceilings shall be fully insulated.

(f) Construction materials shall be highly resistant to moisture, decay, and vandalism.

(h) Except as allowed by (i) below, the floor elevation shall be at or above the flood hazard elevation determined pursuant to Env-Dw 406.06(b).

(i) If a proposed component of a PWS is proposed to be located below a flood hazard elevation as determined pursuant to Env-Dw 406.06(b) and there are no practicable alternatives to the proposed site, measures shall be taken to minimize the risk of flood damage. The designer shall document the mitigating measures or design modifications that will be taken to reduce the threats from locating the component below the flood hazard elevation.

(j) No component of a PWS shall be located in a Federal Emergency Management Agency (FEMA)-designated floodway, with the exception of buried piping.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.16)

N.H. Code Admin. R. Ann. Env-Dw 406.18 Pump Controls and Auxiliary Equipment

(a) A water meter shall be installed on each incoming source line before the water enters the storage tank(s).

(b) A pressure gauge shall be provided on the discharge line of the well pump prior to the check valve and on the finished water line entering distribution after storage gauges shall be installed with gauge cocks for isolation and of suitable range for the expected pressure range.

(c) All well and booster pump controls shall have a manual “off/on/auto” switch to control pump operations where water is pumped into a vented tank or the equivalent. Where the water is pumped into a pressure system, a pressure relief valve or spring-loaded “on” switch shall be provided.

(d) Air compressors, if needed as part of the system design shall be of the oil-less type.

(e) Mercury-type float switches shall be prohibited and, if present, shall be removed and replaced.

(f) Pump run time meters shall be installed on all pumps, including, but not limited to, well pumps and booster pumps.

(g) All lubricants for motors, pumps, and other mechanical equipment that comes into contact with potable water shall be of food grade oils.

(h) If the design flow is equal to or greater than 20,000 gpd, water meters shall be installed to continuously measure the flow from each source independently. Said meters shall be maintained in accordance with the standards of the AWWA as required by Env-Dw 402. Data from said meters shall be recorded such that the operator can periodically access and save the data for tracking purposes. For each source, the monthly volume of withdrawal and the 24-hour maximum volume for each month shall be recorded and reported to the department in accordance with Env-Wq 2102.

(i) The water system shall be capable of receiving an immediate addition of a disinfectant.

(j) Components of the system required by (i) above, shall include:

(1) An injection tap on source water feed lines, before all water storage tanks; and

(2) An electrical outlet interconnected with the source pump electrical system.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.17)

N.H. Code Admin. R. Ann. Env-Dw 406.19 Well Appurtenances and Pump Installation and Design

(a) No well installed after June 4, 1997 shall be placed inside a pumphouse or building being served by the water system.

(b) Well casings shall project at least 18 inches above finished grade and shall terminate at or above the flood hazard elevation determined pursuant to Env-Dw 406.06(b).

(c) For existing wells inside a vault below finished grade or other structure where the floor is below finished grade, the well casing shall extend above the finished floor at least 2 feet and comply with all construction requirements of We 602.35.

(e) A tight seal shall be provided around all entry ports into the well, except the well cap shall be vented and screened in accordance with the rules of the water well board We 600.

(f) Provisions shall be made to allow the removal of the well pump for repair.

(g) All well sources at all non-community water systems shall be capable of being separately sampled for water quality at a source sample tap. A check valve shall be located downstream of all source sample taps before entering storage tank(s), treatment systems, or distribution. Sample taps shall have a smooth nozzle at least 18 inches above ground and shall be clearly labeled with the corresponding source ID number.

(h) Wells shall have an appropriately-sized stilling tube or alternative provisions for electronic drawdown probes permanently installed in the well to allow determination of the static and drawdown water levels. Existing wells shall conform with this requirement when the well pump is replaced or when well pump repair work is next done.

(i) Well pumps shall be sized such that during normal operations they operate at or near their best efficiency point as stated in the manufacturer’s specifications.

(j) All pump motors shall be premium efficiency motors as defined by the ANSI/NEMA Standard MG-1-2021, “Motors and Generators”, 2021, available as noted in Appendix B.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.18)

N.H. Code Admin. R. Ann. Env-Dw 406.20 Storage Tanks

(a) All water storage tanks shall have drains.

(b) All water storage tanks shall be located above the seasonal high ground water table or fixed to a properly designed anti-floatation pad or block to prevent possible flotation when empty.

(c) Concrete water storage tanks shall be installed above the seasonal high water table to protect the contents from possible cross-contamination. Proposals to bury concrete water storage tanks into or below the water table shall not be accepted.

(d) All atmospheric water storage tanks shall have a downward-turned "U" vent with fine mesh screening and shall be resistant to vandalism.

(e) To help ensure the integrity of water storage tanks, all buried steel water storage tanks shall:

(1) Be installed in accordance with current industry practice;

(2) Be provided with an underdrain system to assure that the seasonal high ground water table remains below the bottom of the water storage tanks; and

(3) Have a protective coating inside and out. The interior coating shall be certified as being manufactured and applied in accordance with the approved listings in Env-Dw 403. Any damage to the exterior coating during construction shall be repaired prior to tank backfill.

(f) All water storage tanks larger than 500 gallons and installed after January 1, 1996 shall have a name plate identifying the following:

(1) Year of manufacture;

(2) Size; and

(3) Pressure rating.

(g) Atmospheric water storage tanks shall be equipped with a lockable capped filler pipe to accommodate tank truck water delivery.

(h) All pressure tanks shall meet the requirements of the American Society of Mechanical Engineers (ASME) “Boiler and Pressure Vessel Code Section VIII-Rules for Construction of Pressure Vessels”, 2023 available as noted in Appendix B, for their intended use.

(i) All new atmospheric storage tanks shall have a means to access the interior of the tank to facilitate periodic cleaning, inspection, and the maintenance of interior coatings.

(j) All interior materials and coatings shall be certified as being manufactured and applied for use with potable water in accordance with the approved listings in Env-Dw 403.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.19)

N.H. Code Admin. R. Ann. Env-Dw 406.21 Wiring and Control Devices

(b) All electrical devices shall be grounded by a separate and dedicated groundwire.

(d) All junction boxes, relays, and contactors shall be in enclosures.

(e) Conduits shall be run no less than 2 feet above the floor. Panels shall be mounted at least 3.5 feet above the floor unless they are designed and installed as floor mounted.

(f) All equipment disconnects shall be capable of being locked out during service.

(g) All relays and starters not part of an integrated panel shall be labeled.

(h) A detailed schematic of the electrical system shall be posted in the enclosure or in an obvious place in the pumphouse, and shall also be part of the operational manual.

(j) Mercury-type float switches are prohibited, and shall, if present, be removed and replaced.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.22 Treatment Design Criteria

(a) When selecting water treatment processes at non-community water systems, the designer shall consider the following:

(1) Maximizing the effectiveness of treatment;

(2) Including sufficient controls and monitors to identify treatment performance and aid in operation;

(3) Supporting reliability and flexibility of operations;

(4) Selecting processes with low capital and operational costs and energy demand;

(5) Designing equipment to be easily repaired or replaced in-kind to minimize operational downtime;

(6) Sizing and configuring equipment consistent with the practices and standards of the professional water treatment industry; and

(7) Minimizing waste residuals generation and preventing impacts to the environment.

(b) Where filters are proposed or required, filter sizing shall minimize head loss and maximize treatment efficiency.

(1) Initiate a backwash based on volume of water treated, differential pressure, or contaminant breakthrough and not based on filter run time; and

(2) Minimize backwash waste volume.

(d) Any non-domestic discharge shall be registered, permitted, or both as required by local, state, or federal authorities.

(f) If treatment is proposed or required, the final design shall:

(1) Describe the proposed water treatment process, including how the process functions conceptually;

(2) Include a schematic representation of the treatment process;

(3) Describe the equipment, chemical(s), plumbing, and electrical and control systems that represent a complete treatment process;

(4) Describe the anticipated treatment wastes and their disposal, in accordance with Env-Dw 406.23;

(5) Include a tabular summary of laboratory sampling results analyzed by a New Hampshire accredited laboratory which identifies:

a. The contaminant(s) to be modified by the treatment process; and

b. All other water quality factors, by name and concentration, that might affect or be affected by the treatment process;

(6) Identify the configuration of all components of the treatment process including:

a. The rationale for a series or parallel configuration;

b. The number of trains of equipment; and

c. A description of each pretreatment process;

(7) Describe the design goal of the treatment process, as follows:

a. Removal of the contaminant(s) to de minimis levels; or

b. A reduction of the contaminant so as to achieve compliance with the maximum contaminant level(s) or the maximum contaminant level goals specified in Env-Dw 702 through Env-Dw 706;

(8) Identify the design criteria used for each treatment component of the process, as appropriate, including:

a. The hydraulic loading rate;

b. The detention time or empty bed contact time;

c. The backwash or regeneration flow rate and frequency, volume of discharge, and anticipated contaminant concentrations of backwash or regeneration events; and

d. The criteria used to establish the need for filter backwash or media regeneration;

(9) Include a sampling tap with a smooth outlet nozzle to be installed between each treatment unit process and identify plumbing appurtenances throughout the treatment sequence, including:

a. Connecting pipe size, isolation valves, check valves, unions, and bypasses;

b. Meter(s) and their type including whether indicating, totalizing or recording; and

c. Flow restrictors and their rating;

(10) Identify measuring, control, and communication or alarm equipment including:

a. Chemical feed pump pacing method and associated equipment;

b. Flow switch interrupt of chemical feed equipment when there is no production flow; and

c. Other automatic monitoring and communication devices;

(11) For each treatment chemical to be used:

a. Specify the chemical feed rate and target dosage; and

b. Include the following information:

Documentation that the chemical is approved for drinking water use in accordance with (ANSI) standard 60 as required in Env-Dw 403; and
A copy of the (SDS) for that chemical; and

(12) Include a water quality monitoring plan for determining the quality of the treated water and waste flows, as described in Env-Dw 406.25.

(g) Flow mix, if proposed, shall be in accordance with Env-Dw 402.04.

(h) A sampling point shall be provided after the last point of chemical injection. If atmospheric storage is located prior to the first customer, sampling points shall be provided both upstream and downstream of the atmospheric storage tank prior to the first customer.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.23 Disposal of Treatment Wastes

The proposal for disposal of treatment wastes and by-products required by Env-Dw 406.22(f)(4) shall:

(a) Identify the volume and strength of treatment wastes and by-products expected to be generated;

(b) Identify whether the expected treatment wastes or by-products are hazardous and cite the applicable rule(s);

(d) Identify the method(s) proposed to dispose of the treatment wastes or by-products; and

(e) Estimate the annual cost of waste disposal.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.22)

N.H. Code Admin. R. Ann. Env-Dw 406.24 Operation and Maintenance Manual

(a) The owner shall ensure that an operation and maintenance manual of the water system is on file at the system, and the owner shall submit said manual to the department as part of or prior to the notification required by Env-Dw 406.28(a).

(b) The manual, electronic or paper, required by (a) above, shall:

(1) Always be available on-site at the water system and, if paper, be bound; and

(2) Include the following:

a. A schematic drawing of the treatment process, which shall identify each unit of the treatment equipment by:

Type;
Size;
Model number; and
Any appurtenances;

b. An original or a photocopy of the description of the treatment equipment from the manufacturer’s catalogue;

c. A separate schematic drawing of the treatment process in the normal production configuration, which shall include:

A written description of the process, which shall reference the schematic drawing and show flow direction; and
The approximate expected values, settings, or feed rates for pumps, gauges, gate valves, and controllers in the production mode;

d. A separate schematic drawing of the treatment process in the normal backwash or regeneration configuration, which shall include:

A written description which references the schematic drawing, showing the backwash or regeneration process functions which shall include:

i. The flow rate of backwash or regeneration and its temperature dependency where applicable;

ii. The duration of backwash or regeneration; and

iii. The frequency of anticipated backwashes or regenerations;

The approximate expected values, settings, or feed rates for pumps, gauges, isolation valves, and controllers in the backwash mode; and
The backwash disposal location and a copy of the backwash waste discharge registration issued by the department;

e. Recommended short- and long-term maintenance schedules for each piece of equipment;

f. A description of common operational problems and proposed corrective operator responses;

g. A description of how the operator can maximize the efficiency of the treatment process relative to:

Energy use;
Chemical use;
Maximizing the net treated water production volume; and
Minimizing the volume of waste and by-products produced; and

h. A blank copy of the compliance and oversight operational form that is required by Env-Dw 503 to be submitted to the department when a water system performs treatment.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.23)

N.H. Code Admin. R. Ann. Env-Dw 406.25 Water Quality Monitoring Plan

The water quality monitoring plan required by Env- Dw 406.22(f)(12) shall:

(a) Identify recommended operational raw water test parameters and sampling frequencies; and

(b) Identify recommended operational finished water test parameters and sampling frequencies in addition to compliance monitoring required in accordance with Env-Dw 701 through 719, as applicable.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.24)

N.H. Code Admin. R. Ann. Env-Dw 406.26 Distribution System

(a) Subject to (c) below, the system shall be designed to maintain a minimum pressure of 20 pounds per square inch (psi) at ground level at all points in the distribution system under all conditions of flow. The normal working pressure shall be approximately 60 to 80 psi and shall not be less than 35 psi.

(b) Subject to (c) below, when static pressure exceeds 100 psi pressure reducing devices shall be installed on each individual water service line at the meter or on the water main to maintain pressure at less than 100 psi. Any bypass line around a water main pressure reducer shall also have a pressure reducer. Where pressure reducers are installed below ground, they shall be located in a vault, which shall have a gravity drain to daylight with a rodent screen. The PWS owner shall maintain all pressure reducing devices, whether on individual water service lines or on water mains, in proper working order.

(d) Individual booster pumps shall not be allowed for any individual residential service from the public water supply mains.

(f) The spacing for inline isolation valves installed on water mains shall not exceed every 800 feet. Isolation valves shall be provided at all intersecting pipes. Isolation valves shall be located at not more than 500-foot intervals in areas where the ground elevation is below the flood hazard elevation as determined in accordance with Env-Dw 406.06(b) and in areas where water pipes are at a reasonable risk of being damaged by erosion.

(h) Dead-end piping shall be minimized. Dead-end mains shall be equipped with a means to provide adequate flushing in accordance with (g) above.

(i) Near the temporary end of a water main, a gate valve shall be installed to allow future piping extension without shutting down the system or jeopardizing the health of existing consumers.

(j) Water distribution piping shall be bedded in sand or other appropriate material in accordance with the applicable standard of AWWA as listed in Env-Dw 402.

(k) Water distribution piping for year-round PWSs shall be buried below the frost line.

(l) Subject to (n), below, a minimum horizontal separation of 10 feet shall be maintained between water mains and gravity sanitary or storm sewers, sewer force mains, sewer manholes, inlets, and other structures, septic tanks, and subsurface treatment systems. The distance shall be measured from outside edge to outside edge.

(n) When conditions prevent the minimum separation distances specified in (l) and (m) above, or when it is impracticable to install water mains above sanitary or storm sewer pipes, deviations from the requirements of (l) and (m) above shall only be allowed if a specific waiver is granted by the department in accordance with Env-Dw 406.31. In addition to any other condition(s) imposed by the department in granting the waiver, the following requirements shall apply be considered by the water system:

(3) Where water piping crosses under sanitary or storm sewer piping, a minimum of 18 inches clearance shall be required.

(o) When pipes cross water bodies 15 feet or wider, pipes shall be buried at least 5 feet below the water body’s bed, and isolation valves shall be installed on each side of the water body, between the water body and the first service connection.

(p) Piping and valving material and installation techniques shall conform with the appropriate AWWA specification, in accordance with Env-Dw 402.

(q) Other utilities, including, but not limited to natural gas, electric, telephone, steam, and cable television, shall not be installed within 3 feet of water mains.

(r) All buried non-metallic piping shall be backfilled with an effective metal tracing element located above the pipe approximately 6 inches below the finished grade.

(s) Gate valves and service shut-offs shall be equipped with cast iron gate box extensions. Gate valve boxes shall have cast iron covers clearly marked by the word “water” or other appropriate water supply marking and shall be installed flush with the finished grade.

(t) Rigid connections shall not be used to construct or repair water distribution piping systems.

(u) The distribution system shall not include any fixture which incorporates a stop and waste valve cross-connection, unless a reduced pressure backflow device or air gap is used pursuant to Env-Dw 505.

(v) Any PWS that conducts a partial or full replacement of a lead service line or galvanized service line requiring replacement is subject to the requirements of 40 CFR 141 Subpart I.

(w) Handling and disposal of lead pipe, galvanized pipe that might contain lead, or other lead components is subject to Env-Hw 400, Env-Hw 500, Env-Hw 800, and Env-Hw 1200.

(x) Where it is not practicable to bury a service line below the frost line all the way to the building entrance, for example under mobile homes, heat tape shall be installed to prevent the service line from freezing. The length of above-ground service pipe shall be minimized.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.25)

N.H. Code Admin. R. Ann. Env-Dw 406.27 Post-Construction Procedures

(a) Within 90 days after the water system construction is complete, record drawings shall be submitted to the department and to the operator showing precise horizontal dimensional measurements, depth of bury, material type, and nominal size of all buried water mains and piping, gate valves, blow-offs, hydrants, flushing devices, service connections, and utility crossings.

(b) For purposes of this section, “precise-dimensional measurements” means of sufficient accuracy to locate the facility or appurtenance to within 1 foot accuracy, recorded to the nearest 0.5 foot.

(c) For NTNC water systems, prior to serving water to the public, the owner shall submit a lead service line inventory and lead service line replacement plan meeting the requirements of 40 CFR 141 Subpart I to the department for review and approval.

(d) The owner shall maintain and update, as necessary, based on the best information available to the owner, the PWS’s:

(1) Record drawings and tie location records as required by Env-Dw 504.08; and

(2) Lead service line inventory and replacement plan as required by 403.03(b).

(e) The owner shall perform a leakage test of the buried water distribution piping system before system use. The water distribution piping system shall be checked for leakage in accordance with the appropriate AWWA standard specified in Env-Dw 402. Leakage shall not exceed the value given in the appropriate AWWA standard specified in Env-Dw 402.

(f) For all non-community water systems, flushing and chlorination of the water distribution piping system shall be completed before use. Before the inspection of the water system by the department as required by Env-Dw 405.28, the entire water system, distribution pipes, water storage tanks, and pumps shall be flushed to remove any dirt or other contaminants, and then chlorinated in accordance with the appropriate AWWA standard, as specified in Env-Dw 402. After 24 hours, upon completion of the disinfection, the system shall then be flushed again until chlorine residual is less than 0.1 milligrams per liter, and a water sample shall be taken from the end of the distribution system and analyzed for bacterial quality by a laboratory accredited for such test by the New Hampshire environmental laboratory accreditation program.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.28 Notification of Initiation of Water Service and Request for Inspection

(a) Subject to (b) below, upon completion of the construction of a non-community PWS and all required testing, but no later than 10 working days preceding the start of water service, the owner shall notify the department of the proposed date of the start of water service and request an inspection, of the water system. The PWS shall not initiate service until 10 days after all notifications are provided in writing to the department.

(b) As part of or prior to the notification required by (a) above, the owner shall submit to the department:

(1) Written verification of completion of construction, disinfection of all water system components that will come into direct contact with potable water, and completion of all required testing;

(2) The operation and maintenance manual required by Env-Dw 406.24;

(3) The record drawings required by Env-Dw 406.27(a); and

(4) The lead service line inventory required by Env-Dw 406.27(c).

(c) The certified operator, knowledgeable of the water system, shall be in attendance at the inspection by the department.

(d) For existing PWSs, an inspection by the department shall not be required for construction of water main replacement extension, or both, including water service connections, but the owner shall submit the information required in (b)(1) and (3) above to the department.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.29 Modifications and Expansions

(a) Any person seeking to expand a non-community PWS shall submit the following to the department:

(1) Historical water use data for at least the past 2 years;

(2) The proposed design flow calculated in accordance with Env-Dw 406.11; and

(3) Documentation demonstrating the existing source(s) have the required supply capacity as required by Env-Dw 406.12.

(b) Any person seeking to modify or expand a PWS in accordance with Env-Dw 406.05 shall submit the following to the department:

(1) A written request to amend the design approval;

(2) A description of the necessary changes;

(3) An explanation of why the changes are needed;

(4) Plan sheets, including revisions to previously approved plans, and the following, if applicable:

a. For new well(s), the information in Env-Dw 406.13 through 406.16;

b. For storage tank(s), the information in Env-Dw 406.20;

c. For pump controls and auxiliary equipment, the information in Env-Dw 406.18;

d. For a pumphouse or pump room, the information in Env-Dw 406.17;

e. For well appurtenances and pumps, the information in Env-Dw 406.19;

f. For wiring and control devices, the information in Env-Dw 406.21;

g. For water treatment facilities, the information in Env-Dw 406.22, 406.23, and 406.25; and

h. For water distribution systems, the information in Env-Dw 406.26;

(5) Revised calculations, as applicable;

(6) If infrastructure is decommissioned, photo documentation showing a minimum 12-inch gap in the piping from the original well(s), storage tank(s), and any other decommissioned infrastructure;

(7) If connection to another PWS is proposed, documentation from the supplying owner certifying that:

a. Adequate quantities of water are available to serve the proposed PWS; and

b. With the proposed PWS online, adequate system pressures and source capacity will be maintained; and

(8) The design fee as required by Env Dw-402.03.

(1) The well capacity after hydrofracturing or deepening determined pursuant to Env-Dw 406.15; and

(2) The water quality analysis results of the water from each well as specified in Env-Dw 406.16.

(d) Replacement in-kind does not require department approval, except that replacement of a well shall comply with the requirements of Env-Dw 406.13 through Env-Dw 406.16.

(e) The plans and specifications for modifications to PWSs having a design flow greater than 20,000 gpd shall be sealed by a professional civil or sanitary engineer licensed in the state of New Hampshire.

(f) The department shall approve the application to modify the non-community PWS if the design meets the criteria in this part.

History

(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14
#14158, eff 12-25-24

N.H. Code Admin. R. Ann. Env-Dw 406.30 Expiration and Extension of Design Approvals

(a) Any final design approval for a proposed non-community water system shall expire 4 years after issuance if the pumphouse and 25% or more of the proposed water distribution piping system have not been completed and the water system has not started operation.

(b) A new design review fee and appropriate design revision shall be required for review and re-approval of lapsed designs.

(c) A new complete water quality test shall be required for each source for the appropriate parameters listed in Env-Dw 702 through Env-Dw 706 for re-approval of lapsed designs.

(d) To request an extension to a non-community water system design approval, the owner shall submit a written request for extension, including:

(1) Specific reason(s) why the extension is being sought;

(2) The new construction schedule;

(3) Confirmation that no changes have been made to the original approved design; and

(4) A new water quality test for each source for the appropriate parameters listed in Env-Dw 406.16.

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.29)

N.H. Code Admin. R. Ann. Env-Dw 406.31 Waivers

(b) Waivers shall not be granted for criteria which pose a direct risk to public health, including but not limited to, proper well construction, multiple wells where required, water quality standards, or the integrity of water storage tank(s).

(1) All requests for waivers shall be submitted as specified in Env-Dw 202 and shall be signed by the owner and the water system’s designer; and

(2) The request shall include information on technically-important factors for a waiver of the SPA such as historical water quality, if applicable, overburdened soil depth, soil type, height and consistency of water table, direction of slope, and potential contamination sources.

Appendix A: State Statutes and Federal /Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Requirement(s) Implemented

Env-Dw 401.01-401.03

RSA 485:1, II(c)

Env-Dw 401.04

RSA 485:3, I

40 CFR 141.5

Env-Dw 401.05

RSA 485:1, II(d)

Env-Dw 402

RSA 485:41, III

Env-Dw 402.01

RSA 485:1, II(c)

40 CFR 142 Subpart B

Env-Dw 402.02

RSA 485:8, III & IV

Env-Dw 402.03

RSA 485:3, I(c); RSA 485:8

40 CFR 142 Subpart B

Env-Dw 402.04

RSA 485:3, XII

42 USC 300g-9

Env-Dw 402.05

RSA 485:8, I & II

42 USC 300f(4)(A); 40 CFR 142 Subpart B

Env-Dw 402.06

RSA 485:3, III; RSA 485:42

40 CFR 142 Subpart B

Env-Dw 403

RSA 485:3, VIII

40 CFR 143.12; 40 CFR 141 Subpart I

Env-Dw 404.01 – 404.11

RSA 485:3, I; RSA 485:8

40 CFR 141 Subpart I

Env-Dw 405.01 - 405.33

RSA 485:1, II(c); 485:8

40 CFR 141 Subpart I

Env-Dw 406.01 – 406.31

RSA 485:1, II(c); RSA 485:8

40 CFR 141 Subpart I

Appendix B: Incorporation By Reference Information

Rule Section(s)

Title

Dated

Obtain at:

Env-Dw 402.06; Table

402-1

American Water Works Association Standards A100 through F120

Various

The NH Department of Environmental Services office Or

https://store.awwa.org/standards?custitem_facet_standards_field=Current-Standards

Env-Dw 403.01

“Drinking Water Treatment Chemicals – Health Effects”, (60) ANSI document identification number NSF/ANSI 60-2024, American National Standards Institute, 2024.

2024

American National Standards Institute

https://webstore.ansi.org/standards/nsf/nsfansi602021600

Env-Dw 403.01

“Drinking Water System Components – Health Effects”, (61) ANSI document Identification number NSF/ANSI 61-2023, American National Standards Institute, 2023.

2023

American National Standards Institute

https://webstore.ansi.org/standards/nsf/nsfansi612021600

Env-Dw 404.04(a)

“Recommended Standards for Water Works, Policies for the Review and Approval of Plans and Specifications for Public Water Supplies”, A Report of the Water Supply Committee of the Great Lakes – Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, 2022.

2022

NH Department of Environmental Services office

or https://www.health.state.mn.us/c ommunities/environment/water/t enstates/standards.html

Env-Dw 404.05(p); Env-Dw 405.06(c); Env-Dw 406.06(c)

“New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections" prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel, 2019.

2019

University of New Hampshire

https://scholars.unh.edu/ersc/210

and

https://scholars.unh.edu/ersc/211

Env-Dw 405.17(f), Env-Dw 405.20(j), and 406.19(j)

National Electrical Manufacturers Association Standard ANSI/NEMA MG 1-2021 “Motors and Generators”, 2022.

June 29, 2022

National Electrical Manufacturers Association (NEMA)

https://www.nema.org/standards/view/motors-and-generators

Env-Dw 405.21(g) and Env-Dw 406.20(h)

American Society of Mechanical Engineers (ASME) “Boiler and Pressure Vessel Code Section VIII-Rules for Construction of Pressure Vessels”, Division 1 BPVC.VIII.1-2023, 2023.

2023

American Society of Mechanical Engineers (ASME)

https://www.asme.org/codes-standards/find-codes-standards/bpvc-viii-1-bpvc-section-viii-rules-construction-pressure-vessels-division-1/2023/print-book

History

(See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.28)

Chapter Env-Dw 500 Operation and Maintenance

Part Env-Dw 501 Permit to Operate

N.H. Code Admin. R. Ann. Env-Dw 501.01 Permit to Operate Required; Current Information Required

REVISION NOTE:

Document #9411, effective 3-12-09, readopted with amendments and renumbered former Env-Ws 303.03, entitled Permit to Operate, under a new subtitle as Part Env-Dw 501, within a new Chapter Env-Dw 500 entitled Operation and Maintenance. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #9411 replaces all prior filings for rules formerly in Env-Ws 303.03. The prior filings for rules in former Env-Ws 303.03 include the following documents:

#4875, INTERIM, eff 7-23-90 (as Env-Ws 302.06)

#4984, eff 11-20-90 (as Env-Ws 302.06)

#5422, eff 6-22-92 (as Env-Ws 302.07)

#6521, eff 6-4-97

#8360, INTERIM, eff 6-4-05

#8498, eff 11-30-05

(a) Subject to the exemption from fees for public water systems owned by a state, county, municipality, town, precinct, or district established in Laws of 1991, 380:4, the owner of each community water system (CWS) and of each non-transient non-community water system (NTNC) shall obtain a permit to operate (PTO) annually for the system from the department, pursuant to RSA 485:3-a.

(b) The owner of a system required to obtain a PTO shall update the contact information on file with the department as needed to ensure that the information is current at all times.

History

(See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

N.H. Code Admin. R. Ann. Env-Dw 501.02 Information Recorded for Permit to Operate

(a) The department shall record the information described in (b) or (c), below, as applicable, into its database:

(1) For all existing CWS or NTNC; and

(2) When a PWS ID is assigned by the department to any new CWS or NTNC.

(b) For an NTNC, the department shall record:

(1) The name and location of the NTNC;

(2) The name, mailing address, and daytime telephone number of the owner of the NTNC and, if available, an e-mail address; and

(3) An estimate of the number of persons served by the system on a repeat basis for at least 6 months per year.

(1) The name and location of the CWS;

(2) The name, mailing address, and daytime telephone number of the owner of the CWS and, if available, an e-mail address;

(3) An estimate of the number of persons served by the water system; and

(4) The number of household service connections in the CWS.

History

(See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

N.H. Code Admin. R. Ann. Env-Dw 501.03 PTO Billing and Fee Payment

(a) Using the information recorded as specified in Env-Dw 501.02, the department shall complete an application for a PTO for each CWS and NTNC, including the fee in the amount specified in Env-Dw 501.05.

(b) The department shall send the completed application to the e-mail address on record for the system or, if no e-mail address is available, to the mailing address on record for the system.

(c) Subject to (e), below, the owner of the system shall return the application with the specified fee on or before June 30 of the year in which the application was sent.

(d) In addition to returning the application with the specified fee, the owner of the system shall:

(1) Certify that all information on the application that pertains to the system is correct; or

(2) If the information is not correct, provide corrected information.

(e) If the application is issued after June 1, the owner shall return the application as specified in (c) and (d), above, within 30 days of the date of issuance.

(f) The owner shall remit payment of the invoice to the department at the following address:

Department of Environmental Services

Drinking Water and Groundwater Bureau

Attn: PTO Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

History

(See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

N.H. Code Admin. R. Ann. Env-Dw 501.04 Issuance and Display of PTO

(a) The department shall issue a PTO to a CWS or NTNC upon receipt of the signed application and fee payment as specified in Env-Dw 501.03.

(b) The PTO shall be valid for the period July 1 through the following June 30.

History

(See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

N.H. Code Admin. R. Ann. Env-Dw 501.05 PTO Fees

(a) As specified in RSA 485:41, VIII, the PTO fee for an NTNC shall be $150 per year.

(b) As specified in RSA 485:41, VIII, the PTO fee for a CWS shall be the smaller of $300 or $10 per household or household equivalent, as defined in RSA 485:1-a.

(c) If a system changes ownership and the PTO fee for the current year has not been paid, the new owner shall pay the entire PTO fee for the current year, however nothing herein shall be construed to prevent the new owner from seeking reimbursement of the fee, on a prorated basis or otherwise, from the previous owner.

(d) For any CWS or NTNC placed in operation on or after October 1, no PTO shall be required until the following permit period.

(e) For purposes of calculating the fee, 2 or more systems on the same property owned by the same person shall be deemed to be a single water system.

(f) If paid by check or money order, the PTO fee shall be paid separately from other fees which are owed to the department.

History

(See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

Part Env-Dw 502 Certification of Water Works Operators

N.H. Code Admin. R. Ann. Env-Dw 502.01 Purpose

Statutory Authority: RSA 332-E:3

Revision Note:

Document #9410, effective 3-12-09, readopted with amendments and renumbered former Part Env-Ws 367, entitled Certification of Water Works Operators, under a new subtitle as Part Env-Dw 502. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. Numbers of former rules under subtitle Env-Ws are cited in the source notes.

Document #9410 replaces all prior filings for rules formerly in Env-Ws 367. The prior filings for rules in former Env-Ws 367 include the following documents:

#4850, eff 6-25-90

#5422, eff 6-22-92

#5873, eff 7-26-94

#6521, eff 6-4-97

#7396, eff 11-1-00

#9297, INTERIM, eff 11-1-08

The purpose of these rules is to implement RSA 332-E relative to the certification of operators of public water system treatment plants and distribution systems, in order to:

(a) Assure that operators of water treatment plants and distribution systems are qualified to properly operate and maintain such facilities; and

(b) Protect public health.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.01); ss by #12363, eff 8-19-17

N.H. Code Admin. R. Ann. Env-Dw 502.02 Applicability

These rules shall apply to:

(a) Operators of any:

(1) Community water system (CWS);

(2) Non-transient, non-community water system (NTNC); or

(3) Privately owned redistribution system (PORS); and

(b) Any individual who wishes to operate a CWS, NTNC, or PORS.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.02); ss by #12363, eff 8-19-17

N.H. Code Admin. R. Ann. Env-Dw 502.03 Definitions

(a) “Active certificate” means a certificate issued by the department that has not expired and has not been suspended, revoked, or refused renewal by the department.

(b) “Certificate” means “certificate” as defined in RSA 332-E:1, II, as reprinted in Appendix B.

(d) “Continuing Education Unit (CEU)” means a unit of credit granted by an organization that has been approved by the International Association for Continuing Education and Training (IACET) as an authorized provider based on 10 hours of instruction time.

(e) “Department” means “department” as defined in RSA 332-E:1, III, as reprinted in Appendix B.

(f) “Flocculation” means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means, as regulated under Env-Dw 716.

(g) “Operator experience” means the time an operator has been actively engaged in the satisfactory performance of his or her duties at a CWS or NTNC.

(h) “Operator-in-training (OIT)” means an applicant who has satisfactorily met the education and examination requirements for the grade for which the applicant has applied but who has not had sufficient experience to meet the full requirements for that grade.

(i) “Primary water system operator” means an individual certified at a treatment or distribution grade equal to or greater than the classification of the water system, who has been designated by the owner of the water system as responsible for the operation of the water system as required by Env-Dw 502.24(a)(2).

(j) “Privately owned redistribution system (PORS)” means “privately owned redistribution system” as defined in RSA 485:1-a, XIV-a, as reprinted in Appendix B.

(k) “Responsible charge experience” means the time an operator is actively engaged in supervising the operation of a water treatment plant or water distribution system.

(l) “Sedimentation” means a process in which solid particles settle out of water in a clarifier or sedimentation basin.

(m) “Source” means the source of water for a CWS or NTNC, including wells, springs, and surface waters such as lakes and streams.

(n) “Technical contact hour (TCH)” means 60 minutes of training in the technical aspects of operating, designing, or maintaining a water treatment plant or water distribution system or in the development of professional skills necessary to managing a water treatment plant or water distribution system, or any combination thereof.

(o) “Water distribution system” means “water distribution system” as defined in RSA 332-E:1, V, as reprinted in Appendix B. The term includes “distribution system”.

(p) “Water treatment plant” means “water treatment plant” as defined in RSA 332-E:1, VI, as reprinted in Appendix B. The term includes “treatment plant”.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.03); amd by #9910, eff 4-19-11; ss by #12363, eff 8-19-17

N.H. Code Admin. R. Ann. Env-Dw 502.04 Application for Operator Certification

(a) As specified in RSA 332-E:4, I, an applicant for operator certification shall file an application with the department not later than one month preceding the date of the examination on an application form provided by the department.

(b) A complete application shall:

(1) Include a completed “Application for Water Works Operator Certification” form, dated August 2025;

(2) Be accompanied by:

a. The fee specified in RSA 332-E:4, III; and

b. All attachments to the application form, including documentation demonstrating that the applicant meets the minimum education and experience requirements specified in Env-Dw 502.20; and

(3) Be signed as specified in Env-Dw 502.06.

(d) The application fee shall not be returned regardless of whether the applicant qualifies to take the examination or passes the examination.

(e) As stated in RSA 332-E:3, I, no water treatment plant or water distribution system shall be operated unless the primary operator holds an active certificate issued by the department.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.04); ss by #12363, eff 8-19-17; ss by #14344 EXRF, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 502.05 Required Application Information

An applicant shall provide the following information on or with the application form identified in Env-Dw 502.04(b)(1):

(a) The name, mailing address, date of birth, telephone number including area code, and e-mail address of the applicant;

(b) If the applicant is currently employed by a water system or other water company, the employer’s name, mailing address, telephone number including area code, e-mail address, and PWS identifier, if applicable;

(1) Whether the application is for a new certification, an upgrade to an existing certification, the reactivation of an inactive certification, a re-test, or reciprocity and, if the application is based on reciprocity, the state and certification number; and

(2) Whether the application is for a grade IA combined distribution and treatment certification or a grade I, grade II, grade III, or grade IV treatment certification, distribution certification, or both certifications;

(d) Information about all other professional or occupational certifications, licenses, permits, or other required authorizations and for each, the unique identification number, state of issuance, and current status, and whether the applicant has ever been refused a professional or occupational license or had one suspended or revoked, and if so an explanation;

(e) Information about the applicant’s education, including:

(1) The name and location of the high school the applicant attended, the number of years attended, and the year the applicant graduated or otherwise obtained a high school equivalency (HSE) certificate;

(2) The name and location of each college the applicant attended, the number of years attended, the year a degree was awarded, and the type of degree awarded and the major; and

(3) Copies of all college transcripts;

(f) Information about the applicant’s training, including the following for each course, seminar, or other program:

(1) The title of the program;

(2) The name of the program’s provider;

(3) A brief description of the material covered in the program;

(4) The amount of active instruction time;

(5) The date the applicant completed the course; and

(6) A copy of the certificate of completion, transcript, or other documentation that the applicant completed the program;

(g) Information about the applicant’s work experience, including the following for each position beginning with the current or most recent:

(1) Employer name, location address, telephone number including area code, and email address;

(2) The name and title of the applicant’s supervisor;

(3) The dates of employment and the number of hours worked per week; and

(4) The applicant’s job title and an explanation of the applicant’s duties;

(h) For applicants other than for grade I-A, verification of work experience in the form of a statement signed by a responsible official of the applicant’s employer that:

(1) The information provided by the applicant on the application form is true and complete to the best of the official’s knowledge and belief; or

(2) If the information is not true and complete or if the applicant is no longer employed by that employer, a separate statement, signed as specified in Env-Dw 502.06(c), that provides the applicant’s dates of employment, the number of hours worked per week, the applicant’s job title, and an explanation of the applicant’s duties;

(i) Whether the applicant is seeking to substitute for education or experience as allowed by Env-Dw 502.22, and if so, an explanation of the substitution; and

(j) Any additional information or comments that are relevant to the application that the applicant wishes to provide.

History

#12363, eff 8-19-17

N.H. Code Admin. R. Ann. Env-Dw 502.06 Signatures and Certifications Required

(a) The applicant shall sign and date the application.

(b) If verification of employment is made on the application form, a responsible official shall sign and date the form where indicated and print his or her name and title and the name of the employer.

(c) If verification of employment is made separately pursuant to Env-Dw 502.05(h)(2), a responsible official shall sign and date the statement and print or type his or her name and title and the name of the employer.

(d) The applicant’s signature shall constitute certification by the applicant that:

(1) The information contained in or otherwise submitted with the document is true, complete, and not misleading to the best of the applicant’s knowledge and belief; and

(2) The applicant understands that:

a. The submission of false, incomplete, or misleading information constitutes grounds for the department to:

Deny the application;
Revoke any certification that is granted based on the information; and
If the applicant is a professional engineer, refer the matter to the board of professional engineers established by RSA 310-A:3; and

b. The applicant is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(e) Each signature provided pursuant to (b) or (c), above, shall constitute certification by the signer that the information provided by or being certified by the signer is true, complete, and not misleading to the best of the signer’s knowledge and belief.

History

#12363, eff 8-19-17

N.H. Code Admin. R. Ann. Env-Dw 502.07 Examinations

(a) The department shall administer written examinations to determine the knowledge, ability, and judgment of each applicant for operator certification as specified by RSA 332-E:5.

(b) If an applicant has successfully passed, in another jurisdiction, the examination that is administered by the department, the department shall accept the results of that examination in lieu of requiring the applicant to take the examination again in New Hampshire.

(c) No applicant shall be certified who does not successfully pass the examination, except that certificates of proper classification shall be issued without examination as specified in RSA 332-E:6, VI and RSA 332-E:7.

(d) An applicant who does not pass and who wishes to retake the examination shall submit a new application as specified in Env-Dw 502.04, including the fee as required by RSA 332-E:5, IV.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.05); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.05)

N.H. Code Admin. R. Ann. Env-Dw 502.08 Issuance of Certificates; Operator Obligation to Maintain Address

(a) As specified in RSA 332-E:6, I, upon satisfactory fulfillment by an applicant of the requirements specified in RSA 332-E and Env-Dw 502, the department shall issue a certificate to the applicant that identifies the class of treatment plant or distribution system and level of operation for which the operator is qualified.

(b) An original certificate shall be valid through December 31 of the next odd-numbered year.

(c) As required by RSA 332-E:6, I, the certificate shall be prominently displayed in the office of the public water supply system. For purposes of this requirement, “prominently displayed” means readily visible to anyone entering the office, including anyone from the public.

(d) As specified in RSA 332-E:4, V, and subject to RSA 332-E:6, IV, a renewal certificate shall be effective for 2 years beginning January 1.

(e) Any operator holding an active certificate shall maintain a current mailing address with the department.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.06); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.06)

N.H. Code Admin. R. Ann. Env-Dw 502.09 Renewal of Certificates

(a) As specified in RSA 332-E:6, II and III, certificates shall be renewable every 2 years unless:

(1) Revoked for cause pursuant to Env-Dw 502.11;

(2) Replaced by one of a higher grade; or

(3) Invalidated pursuant to RSA 332-E:6, IV.

(b) An operator who wishes to renew his or her certification shall submit to the department:

(1) The fee specified in (c), below; and

(2) Documents verifying completion of the courses required by Env-Dw 502.10.

(c) The renewal fee shall be $50 if the payment is made before expiration of the certification or within 30 days after expiration. As specified in RSA 332-E:4, VI, if the renewal fee is received more than 30 days after the certificate’s expiration date, the department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee.

(d) As specified in RSA 332-E:4, V, if the renewal fee is not submitted within 90 days after the certificate’s expiration date, the certificate shall be deemed expired.

(e) When a certificate is deemed expired per (d), above, the department shall issue notice to the certificate holder, sent to the mailing address last provided to the department, to notify him or her that the certificate is expired.

(f) The department shall issue a renewal certificate if it determines that the operator has applied for renewal as required by (b), above, and:

(1) No ground(s) for refusing to renew the certification, as specified in Env-Dw 502.09, are known to the department to exist for that operator; or

(2) Ground(s) for refusing to renew the certification exist, but reasonable conditions can be imposed to protect public health and safety and allow the operator to continue to work.

(g) If the department renews a certificate under (f)(2), above, it shall include conditions, such as additional training, increased supervision, or increased reporting, as are necessary to protect public health and safety.

(h) If the operator fails to apply for renewal within 3 months of the certificate expiration date, the operator shall apply for certification as specified in Env-Dw 502.04 and Env-Dw 502.05.

(i) As specified in RSA 332-E:6, V, the certificate of an operator who terminates employment in the water treatment or distribution field in New Hampshire shall be valid for 2 years after such termination and, unless renewed in accordance with these rules, shall automatically revert to an inactive status. Operators whose certificates are thus inactivated shall be issued new certificates of like classification on presentation of proof of competency to the department as specified in (j), below, and payment of the initial $50 fee.

(j) Proof of competency shall be as follows:

(1) Documentation that the applicant was certified at the comparable classification in another jurisdiction, together with documentation that the applicant has completed the number of contact hours that would be required for renewal as specified in Env-Dw 502.10;

(2) Documentation that the applicant has been engaged in public water system management, operation, design, or maintenance activities at a level that demonstrates competence at the classification level sought by the applicant; or

(3) If the applicant cannot meet (1) or (2), above, successful completion of a written examination.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.07); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.07)

N.H. Code Admin. R. Ann. Env-Dw 502.10 Technical Contact Hours Required for Certification Renewal

(a) An operator applying for renewal shall complete the number of technical contact hours (TCHs) specified in Table 502-1, below, for each 2-year period:

Table 502-1: TCHs Required Per 2-Year Period

Grade

Treatment

Distribution

I-A

III

(b) The number of required TCHs shall not be additive when an operator is certified in both treatment and distribution. For example, a grade I operator certified for both treatment and distribution shall require only 20 TCHs for the 2-year interval.

(c) A course shall consist of one or more classes that each have a minimum class length of 60 minutes not including breaks, equivalent to one TCH. Longer classes may be offered, with credit issued in increments of 0.5 hour for each additional 30 minutes.

(d) The following courses shall be credited as follows:

(1) One college credit in chemistry, mathematics, biology, engineering, or environmental science granted by an accredited college or university shall be equal to 15 TCHs;

(2) One continuing education unit (CEU) shall be credited as 10 TCHs;

(3) An introductory or advanced course on drinking water treatment and distribution offered by the department shall be credited as one TCH for each 60 minutes of instruction attended;

(4) A course approved pursuant to Env-Dw 502.26 shall be credited as one TCH for each 60 minutes of instruction attended; and

(5) The grade I-A course entitled “Small System Operation”, consisting of approximately 10 hours of instruction offered by the department, shall be equal to the number of hours attended, with a maximum total credit being 10 TCHs per 2-year period.

(e) An operator may apply to the department for credit for other waterworks seminars and education courses by submitting the following to the department in writing:

(1) A description of the course, including the material covered and the total amount of instruction time;

(2) Information about the institution offering the course to demonstrate that it meets the criteria in (g), below; and

(3) The credentials of each instructor.

(f) An operator may apply for credit for completing self-study educational packets by submitting the following to the department in writing:

(1) The actual text(s) used or a summary of the material covered;

(2) Information about the institution offering the course to demonstrate that it meets the criteria in (g), below; and

(3) The credentials of each individual providing critique of student work.

(g) The department shall give credit under (e) or (f), above, if the department determines that the course was completed and understood by the operator, and the course:

(1) Was offered by:

a. An organization that has been approved by the IACET as an authorized provider; or

b. An accredited college or university; or

(2) Meets the criteria specified in Env-Dw 502.29.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss by #9910, eff 4-19-11; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.08)

N.H. Code Admin. R. Ann. Env-Dw 502.11 Suspension, Revocation, or Refusal to Renew an Active Certificate

(a) If the department receives information that provides a credible basis for concluding that good cause, as described in (f), below, exists to suspend or revoke an active certificate, the department shall proceed in accordance with RSA 332-E:9 and the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings.

(b) After proceeding in accordance with (a), above, the department shall:

(1) Revoke the certificate if it determines that the reason that good cause exists cannot be corrected to conform to applicable requirements and that revoking the certificate will provide greater protection to public health and safety than renewing the certificate; or

(2) Suspend the certificate, if it determines that the reason that good cause exists can be corrected to conform to applicable requirements.

(1) The reason that good cause exists has been corrected to conform with applicable requirements; and

(2) The operator submits a written request to the department for the certificate to be reinstated, which explains all of the actions taken to address the basis for the suspension.

(d) If after receiving a request for reinstatement of a certificate pursuant to (c)(2), above, the department receives information that provides a credible basis for concluding that good cause, as described in (f), below, exists to refuse to renew the certificate, the department shall proceed in accordance with (a), above.

(e) After proceeding in accordance with (a), above, based on (d), above, the department shall:

(1) Refuse to reinstate the certificate, if it determines that good cause exists that cannot be corrected to comply to applicable requirements and that not reinstating the certificate will provide greater protection to public health and safety than reinstating the certificate; or

(2) Reinstate the certificate, if it determines that under the totality of the circumstances, not reinstating the certificate will result in greater harm to public health and safety than reinstating the certificate.

(f) Good cause to suspend, revoke, or refuse to renew a certificate shall include the following:

(1) Failing to use care, judgment, and knowledge in the performance of the operator’s duties;

(2) Knowingly operating a water treatment plant or distribution system contrary to applicable requirements;

(3) Obtaining a certificate through fraud, deceit, or falsification;

(4) Submitting false or misleading information regarding any application for certification or renewal;

(5) Submitting false or misleading operational documentation relating to the performance and monitoring requirements of a public water system;

(6) Failing to submit required operational documentation to applicable regulatory agencies;

(7) Having a professional or occupational certification or license in any field from another certifying or licensing authority suspended, revoked, or refused renewal or reinstatement; and

(8) Failing to perform the operational duties specified in Env-Dw 502.25.

(g) Administrative appeals made by an applicant in response to decisions of the department in this section shall be heard by the water council under RSA 21-O:14.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.08); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.09)

N.H. Code Admin. R. Ann. Env-Dw 502.12 Complexity of Water Treatment Processes

Treatment complexity shall be determined by a point system, wherein the points are assigned based on factors such as system size, source of water, raw water quality and average variation, chemical treatment processes, disinfection, pH adjustments, corrosion control, clarification, filtration, and other processes as listed in Table 502-2, below:

Table 502-2: Assignment of Points for Treatment Processes

FACTOR

POINTS

A. System Size

Design flow average day, or peak month’s average day, whichever is larger

1 per 0.5 million gallons per day (MGD), to a maximum of 20

B. Water Supply Source

Seawater/Saltwater

Groundwater

Groundwater under the direct influence of surface water (GWI)

Surface water

C. Average Raw Water Quality Variation

Little or no variation - no treatment provided except disinfection

Minor variation - e.g. high quality surface source appropriate for slow sand filtration

Moderate variation in chemical feed, dosage changes made monthly

Moderate variation in chemical feed, dosage changes made weekly

Moderate variation in chemical feed, dosage changes made daily

Variation significant enough to require pronounced or very frequent changes, or both

Severe variation - source subject to non-point discharges, agricultural or urban storm runoff, or flooding, or any combination thereof

Raw water is subject to agricultural or municipal waste point source discharges, or both

Raw water is subject to industrial waste pollution

D. Raw Water Quality

Taste or odor, or both, for which treatment process adjustments are routinely made

Color >15 color units (CU) not due to precipitated metals

Manganese less than maximum contaminant level (MCL) with iron greater than MCL

Manganese greater than MCL, regardless of iron content

Algal growths for which treatment process adjustments are routinely made

E. Chemical Treatment or Addition Processes

Fluoridation

F. Disinfection/Oxidation

Hypochlorites not generated on-site

Hypochlorites generated on-site

Chlorine gas

Chloramination

Chlorine dioxide

Ozonization

UV Irradiation

Iodine, Peroxide, or similar

Potassium permanganate

a. Used without greensand filtration

b. Used with greensand filtration

G. pH Adjustment for Process Control to Aid Coagulation

H. Stability or Corrosion Control

Same chemical(s) not used for pH adjustment

Same chemical(s) used for pH adjustment

I. Coagulation/Flocculation & Filter Aid

Primary coagulant addition

Coagulant aid or flocculant chemical addition to primary coagulant use

Flocculation

Filter aid: addition of non-ionic or anionic polymers

J. Clarification/Sedimentation

Sedimentation with plain, tube, or plate

Contact adsorption

Other clarification processes such as air flotation or ballasted clarification

Upflow clarification

K. Filtration

Granular media filtration for surface water or groundwater under the direct influence of surface water ≤ 3 gpm/sq ft

Granular media filtration for surface water or groundwater under the direct influence of surface water > 3 gpm/sq ft

Groundwater filtration

Membrane filtration

a. For compliance with a primary regulation

b. For compliance with a secondary regulation

Diatomaceous earth as pre-coat filtration

Cartridge or bag

Pre-filtration staged cartridges or pressure sand without coagulation

1 per stage to a maximum of 3

Slow sand

L. Other Treatment Processes

Aeration

Air stripping, including diffused air, packed tower aeration

Ion-exchange/softening

Greensand filtration

Lime-soda ash softening which includes chemical addition, mixing, flocculation, clarification or filtration, provided that points shall not be added for these processes separately

Granular activated carbon filter, provided that points shall not be added when included as a bed layer in another filter

Powdered activated carbon

Blending sources with significantly different water quality

a. To achieve MCL compliance

b. For aesthetic reasons

Reservoir management employing chemical addition

Electrodialysis

Other - as determined pursuant to Env-Dw 502.13

maximum of 20

M. Residuals Disposal

Discharge to sewer or equivalent

On-site disposal, land application

Discharge to lagoon/drying bed, with no recovery/recycling

Backwash recovery or recycling to discharge to basin or lagoon and then to source

Backwash recovery or recycling to discharge to basin or lagoon and then to plant intake

N. Facility Characteristics

Instrumentation - use of Supervisory Control and Data Acquisition (SCADA) or similar instrumentation to obtain data

a. Monitoring or alarm only with no process operation if the plan has no automated shutdown capability

b. Limited process operation with remote shutdown capability

c. Moderate process operation with alarms and shutdown and plus partial remote operation of plant

d. Extensive or total process operation with alarms and shutdown and full remote operation of plant possible

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.10)

N.H. Code Admin. R. Ann. Env-Dw 502.13 Unspecified Treatment Processes

(a) Any person wishing to add points to a treatment system for a process not specified in Table 502-2 shall provide the following information to the department in writing:

(1) The name, mailing address, and daytime telephone number of the person making the request and, if available, the person’s e-mail address;

(2) If the requestor is other than an individual, the name and daytime telephone number of an individual representing the requestor for purposes of the request and, if available, the individual’s e-mail address;

(3) The name and physical address of the plant at which the treatment process for which points are sought is being used or is proposed to be used;

(4) An explanation of the treatment process in sufficient detail to allow the department to make an independent assessment of the complexity of the process; and

(5) The number of points sought for the treatment process.

(b) The department shall assign points to treatment processes not specified in Table 502-2 in response to a request submitted pursuant to (a), above, if the department determines that the treatment process being reviewed is not otherwise accounted for in Table 502-2 and:

(1) Improves the quality of the water being distributed;

(2) Lowers the cost of providing water that meets all applicable water quality standards; or

(3) Both (1) and (2), above, apply.

(c) The department shall assign a maximum of 20 points to the treatment process in direct proportion to the complexity of the treatment process and degree of skill required for its successful operation.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.11)

N.H. Code Admin. R. Ann. Env-Dw 502.14 Classification of Water Treatment Systems

(a) Treatment systems shall be classified into 5 grades based on the complexity of the treatment processes at the system, ranging from grade I-A, the least complex, to grade IV, the most complex.

(b) Treatment system grade shall be determined by summing the points of the treatment processes as assigned under Env-Dw 502.12 and then using Table 502-3, below:

Table 502-3: Grades of Water Treatment Plant Complexity

Grade

Point Total

Other Limitations

I-A

< 16

CWS serving <500 people or having < 200 service connections, without fire protection

I-A

< 16

NTNC without fire protection

0-30

Excluding I-A systems

31-55

None

III

56-75

None

≥76

None

(c) For purposes of certification, a groundwater source with no treatment whatsoever shall be considered to be a distribution system and not a treatment plant.

(d) For any water system having multiple treatment facilities in different locations, each location or facility shall be graded independently and the highest grade shall be the classification for the overall system.

(e) Each treatment process shall have points assigned only once. If a process could be classified under more than one factor and the factors have different points, the higher point value shall be used.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.12)

N.H. Code Admin. R. Ann. Env-Dw 502.15 Adjustments to Treatment Plant Classification

(a) If the department concludes that the classification resulting from Env-Dw 502.14 does not accurately reflect the complexity of plant operations and the degree of skill required for its successful operation, the department shall adjust the classification as follows:

(1) If the plant is more complex or if a higher degree of skill is required for successful operation, the department shall increase the plant classification by one grade, subject to the limitation that grade IV is the highest grade; and

(2) If the plant is less complex or if a lower degree of skill is required for successful operation, the department shall decrease the plant classification by one grade, subject to the limitation that grade I-A is the lowest grade.

(b) The determination to raise or lower the classification of a plant shall be based on inconsistency with other similar plants and public health and safety concerns.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.13)

N.H. Code Admin. R. Ann. Env-Dw 502.16 Classification of Water Distribution Systems

The department shall classify water distribution systems into one of 5 grades based on the population served, as specified in Table 502-4, below:

Table 502-4: Grades of Water Distribution System Complexity

Grade

Population Served (# people unless otherwise noted)

Other Limitations

I-A

< 500 or < 200 service connections

CWS without fire protection

I-A

Any number

NTNC without fire protection

≤ 1,500

Excluding I-A systems

1,501 – 15,000

None

III

15,001 - 50,000

None

≥ 50,001

None

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.10); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.14)

N.H. Code Admin. R. Ann. Env-Dw 502.17 Adjustments to Distribution System Classification

(a) If the department concludes that the classification resulting from Env-Dw 502.16 does not accurately reflect the complexity of the distribution system and the degree of skill required for its successful operation, the department shall adjust the classification as follows:

(1) If the system is more complex or if a higher degree of skill is required for successful operation, the department shall increase the system classification by one grade, subject to the limitation that grade IV is the highest grade; and

(2) If the system is less complex or if a lower degree of skill is required for successful operation, the department shall decrease the system classification by one grade, subject to the limitation that grade I-A is the lowest grade.

(b) The determination to raise or lower the classification of a distribution system shall be based on inconsistency with other similar distribution systems and public health and safety concerns.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.15)

N.H. Code Admin. R. Ann. Env-Dw 502.18 Grades of Operators

(a) Operators shall be classified into 5 grades to parallel the classification of treatment and distribution systems described in Env-Dw 502.14 and Env-Dw 502.16.

(b) An operator may operate a treatment plant or distribution system of the same grade or lower than the operator’s certified grade.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.11); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.16)

N.H. Code Admin. R. Ann. Env-Dw 502.19 Operator Qualifications

To qualify to take the examination to become certified, the applicant shall:

(a) Be capable of satisfactorily performing his or her intended duties relative to the size and complexity of a water treatment plant or distribution system typical of those of the grade for which the applicant is applying;

(b) Be able to read and write in the English language; and

(c) Submit evidence of the minimum number of years of education and experience for the desired operator grade, as specified in Env-Dw 502.20 and Env-Dw 502.21.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.12); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.17)

N.H. Code Admin. R. Ann. Env-Dw 502.20 Minimum Education and Experience Requirements for Operators

(a) Subject to (b), below, and the substitutions allowed under Env-Dw 502.22, an individual seeking to become certified at a particular grade level shall have not less than the minimum education and operating experience specified in table 502-5, below, for that grade level:

Table 502-5: Minimum Education and Experience Requirements Per Grade Level

Grade

Minimum Education

Minimum Operator Experience

I-A

High school diploma or high school equivalency certificate (HSE certificate)

6 months of operator experience

or completion of the “Small System Operation” course as specified in Env‑Dw 502.10(d)(5)

High school diploma or HSE certificate

one year

High school diploma or HSE certificate

3 years

III

High school diploma or HSE certificate and 2 years of post‑secondary education as specified in Env-Dw 502.21

4 years

High school diploma or HSE certificate and 4 years of post‑secondary education as specified in Env-Dw 502.21

6 years

(b) At least 50 percent of experience requirements shall be actual operating experience in a plant or system classified at no more than one grade below the grade for which the applicant is applying.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.18)

N.H. Code Admin. R. Ann. Env-Dw 502.21 Post-Secondary Education

(a) Subject to (c) and (d), below, post-secondary education shall:

(1) Be obtained at any public or private school that is accredited by the state in which the school is located to offer education beyond the high school level, including but not limited to an accredited college, university, community college, or technical institute; and

(2) Have a concentration in environmental engineering, civil engineering, environmental sciences or related fields.

(b) For post-secondary education, 30 semester hours shall be equivalent to 45 quarter hours which shall be equivalent to one year.

(c) Continuing education units (CEUs), including but not limited to specialized operator training courses, seminars, and related college courses, may be used to satisfy post-secondary education requirements.

(d) For CEUs identified in (c), above:

(1) 10 classroom hours of courses as specified in Env-Dw 502.10(c), (d), or (e) shall be equivalent to one CEU; and

(2) 45 CEUs shall be equivalent to one year of post-secondary education.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.19)

N.H. Code Admin. R. Ann. Env-Dw 502.22 Allowable Substitutions for Education and Experience

(a) An applicant may request the department to:

(1) Accept experience that exceeds the minimum required as a substitution for required education as described in (d) through (f), below; or

(2) Accept education that exceeds the minimum required as a substitution for required experience as described in (g), below.

(b) The applicant shall request the substitution by checking the appropriate box on the application form required by Env-Dw 502.04 and providing an explanation of the desired substitution with supporting documentation.

(1) For education, transcripts from post-secondary institutions or certification from the provider of satisfactory course completion for all other education and training; and

(2) For experience, certification from the employer of the dates of the applicant was employed, the number of hours the applicant worked per week, and the duties performed by the applicant.

(d) The department shall approve a request to substitute experience for required education for an applicant for a Grade I-A operator certification if:

(1) The applicant scores 80% or higher on the examination; and

(2) The applicant’s intended employer agrees to the substitution based on the duties of the position being compatible with the applicant’s demonstrated level of training, knowledge, and experience.

(e) Subject to (f), below, the department shall approve a request by an applicant for grade III or grade IV certification to substitute 1.5 years of responsible charge experience at the operator level for one year of post-secondary education to a maximum of one year credit for grade III and 2 years credit for grade IV.

(f) The department shall approve an additional 5 years of responsible charge experience as a substitution for the remaining post-secondary education requirement for grade III and grade IV, provided:

(1) The experience is at a treatment plant or distribution system classified at the level of certification applied for; and

(2) The applicant’s supervisor certifies the experience as noted in (c)(2), above.

(g) The department shall approve a substitution of one year of post-secondary education for one year of operator experience, not to exceed 50 percent of the experience requirement.

(h) Education, training, or experience used in substitution shall not be used to meet any other education or experience requirements.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.19)

N.H. Code Admin. R. Ann. Env-Dw 502.23 Operator-in-Training (OIT)

(a) An applicant may become an operator-in-training (OIT) at a grade I, grade II, or grade III certification level without having the experience required by Env-Dw 502.20 only in accordance with this section.

(b) The department shall allow an applicant for grade I OIT status to take the grade I examination without proof of prior experience.

(c) The department shall allow an applicant for grade II OIT status or grade III OIT status to take the corresponding examination if the applicant submits to the department evidence of education or experience in technical fields other than water treatment or distribution, as follows:

(1) For grade II OIT, one year of experience shall be required; and

(2) For grade III OIT, 2 years of experience shall be required.

(d) The department shall designate the applicant as an OIT upon the applicant’s passing the examination.

(e) Upon the applicant’s submitting evidence that the applicant has completed the experience as specified in Env-Dw 502.20, the department shall:

(1) Terminate the applicant’s designation as an OIT; and

(2) Issue a certificate in accordance with Env-Dw 502.08(a).

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.13); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.20)

N.H. Code Admin. R. Ann. Env-Dw 502.24 Responsibilities of Water System Owners

(a) The owner of a CWS or NTNC shall:

(1) Comply with RSA 485 and the rules in subtitle Env-Dw;

(2) Designate a certified operator with an active certificate as the primary water system operator, to be responsible for the duties specified in Env-Dw 502.25 except as provided in (b), below;

(3) Have a certified operator with an active certificate available whenever the system is in operation;

(4) Ensure that any operating personnel making process control decisions about water quality or quantity is a certified operator with an active certificate;

(5) Notify the department in writing within 10 days of a change in the designated primary operator;

(6) Ensure that any persons performing maintenance or construction work on the water system or system components have the applicable licenses or certifications; and

(7) Comply with the wellhead protection program required by Env-Dw 305 and other source water protection requirements as applicable.

(b) The owner of a Grade I-A water system shall not be required to delegate the operational duties specified in Env-Dw 502.25(a)(8) to the system’s certified operator.

(c) The water system owner shall make the designation required by (a)(2), above, in writing and submit a copy to the department.

(d) The owner of a privately owned redistribution system shall comply with the requirements of (a)(2)-(6) and (c), above.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.14); amd by #9659, eff 2-24-10; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.21)

N.H. Code Admin. R. Ann. Env-Dw 502.25 Operational Duties of a Primary Water System Operator

(a) The primary water system operator designated pursuant to Env-Dw 502.24(a)(2) shall:

(1) Conduct routine inspections of the water system in accordance with Env-Dw 503.15 and Env-Dw 503.16;

(2) Oversee operation and maintenance of the water system to maintain the safety and reliability of water service by ensuring that repairs and improvements are performed properly and in a timely manner, or, in the alternative, notifying the owner in writing of the need for such repairs and improvements;

(3) Be knowledgeable in all operational aspects of the water system;

(4) Have supervisory authority, including supervision of operating personnel, where applicable;

(5) Oversee all chemical monitoring, bacterial monitoring, and other monitoring required by Env-Dw 700;

(6) Attend any sanitary surveys conducted by state personnel;

(7) Conduct all reporting necessary in order for the water system to comply with the applicable requirements of Env-Dw 304 and Env-Dw 700;

(8) Keep complete and accurate water system records as required by Env-Dw 718;

(9) Be available to water system representatives and to the department during normal business hours;

(10) Investigate any suspected water system impairment described in Env-Dw 503.02(a); and

(11) Notify the department of any known water system impairment as specified in Env-Dw 503.02(b).

(b) The primary water system operator shall communicate any regulatory non-compliance issues to the owner of the water system and, if the owner has designated a manager for the water system, to the manager.

(c) The primary water system operator may delegate any duties specified in (a)(1) or (a)(5)-(8), above, to other individuals as allowed by the water system owner or manager, provided that the responsibility for execution of these duties remains with the primary water system operator.

History

#9910, eff 4-19-11; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.22)

N.H. Code Admin. R. Ann. Env-Dw 502.26 Approval of Training Providers and Courses

(a) Any individual or entity, such as a business or professional organization, seeking approval to provide one or more courses for drinking water operator certification renewal shall submit a request for approval as specified in Env-Dw 502.28 in writing to the department at least 30 days prior to the first date the training will be offered.

(b) Within 30 days of receipt of a complete request for approval, the department shall:

(1) Approve the request, if the request demonstrates that the criteria of Env-Dw 502.29 have been met; or

(2) Deny the request, if the request does not demonstrate that the criteria of Env-Dw 502.29 have been met.

(c) The department shall notify the individual identified pursuant to Env-Dw 502.28(a) in writing of the decision. If the request is denied, the notice shall specify the reason(s) for the denial.

(d) The department shall maintain a list of training providers and courses that have been approved pursuant to this section. Such list shall be provided to any person who requests the list.

(e) A provider shall allow a representative of the department to attend any training session approved pursuant to this section for evaluation purposes without a registration charge. Failure to allow such access shall result in the withdrawal of the training’s approval.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.13); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.23)

N.H. Code Admin. R. Ann. Env-Dw 502.27 Approval for Multiple Offering of Same Course

(a) If a provider wishes to offer a course for which approval is sought 2 or more times, the request submitted pursuant to Env-Dw 502.26(a) shall so state.

(b) If the course is approved pursuant to Env-Dw 502.26, the provider may present the course multiple times within a 2-year period.

(c) If the provider wishes to continue to present the course after the 2-year period has concluded, the provider shall submit a new request for approval.

History

(See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.13); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.23(d))

N.H. Code Admin. R. Ann. Env-Dw 502.28 Contents of Request for Approval

A request for approval submitted pursuant to Env-Dw 502.26(a) shall include the following:

(a) The name, mailing address, and daytime telephone number of the individual submitting the request and, if available, an e-mail address for that individual;

(b) If the request is being submitted on behalf of an entity, the name, address, and telephone number of such entity and, if available, the URL of the entity’s web site;

(1) A course outline that identifies the intended audience by subject matter and professional level;

(2) The training objectives of the course;

(3) Each topic to be presented and the time allotted for each topic;

(4) Whether TCH(s) will be awarded for successful completion of each topic or only for the course as a whole, and the number of TCH(s) to be awarded;

(5) A list of all instructional materials to be used in the course and, for each item, the name of the individual or entity that prepared the item, the year the item was prepared, and a summary of what the item covers;

(6) The name, mailing address, daytime telephone number, and background information or résumé of each instructor, presenter, and subject matter expert who developed the course;

(7) An explanation of how each participant will be determined to have met the requirement(s) for satisfactory completion of the course as specified in Env-Dw 502.29(e);

(8) A sample of the certificate of completion to be issued to participants who satisfactorily complete the course; and

(9) A copy of any evaluation form that will be used to obtain feedback from participants regarding the quality of the course;

(d) A list of the date(s) on which training will be offered and the location(s) at which the course will be presented; and

(e) An explanation or certification that the proposed training provider or course, as applicable, meets the applicable criteria specified in Env-Dw 502.29.

History

#9910, eff 4-19-11); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.24)

N.H. Code Admin. R. Ann. Env-Dw 502.29 Criteria for Approval of Training Providers and Courses

(a) A request for approval of a drinking water operator certification renewal training provider or course, or both, shall be approved only if the applicable criteria listed in (b) through (l), below, are met.

(b) If the training provider is an entity, the entity shall have an individual or organizational unit within the entity that has responsibility for developing and conducting training courses and issuing TCHs.

(d) Each instructor or presenter shall, for each course or topic that the individual will be presenting:

(1) Have a clear understanding of the training objectives and how they are to be achieved; and

(2) Be capable of effectively imparting that information to the participants.

(e) Satisfactory completion of the course or of a topic, if TCHs will be awarded by topic, shall be determined by one of the following:

(1) Attendance at no less than 90% of the training time of the course or topic, as applicable, as measured and documented by attendance rosters or sign-in sheets;

(2) Performance, as measured by an assessment of each attendee’s understanding of the material presented in the course or topic, as applicable, whether done orally, in writing, or by a practical demonstration of skills, as appropriate to the subject matter and the professional level of the intended audience; or

(3) A combination of attendance as specified in (1), above, and performance as specified in (2), above.

(f) TCHs shall be issued based on actual training time, exclusive of breaks, meals, and introductory or welcoming remarks.

(g) TCHs shall be awarded only upon satisfactory completion of a course or topic, as applicable, as determined pursuant to (e), above.

(h) The certificate of completion issued to the attendees shall contain the following information:

(1) The attendee’s name;

(2) The name of course or topic, as applicable;

(3) The number of TCHs awarded;

(4) The date the course was held;

(5) The name of the sponsoring or sanctioning organization, if applicable;

(6) The name of individual within the organization who is responsible for the course; and

(7) The name of organization issuing certificate and keeping the records, if different from the sponsoring organization.

(i) The certificate of completion may include such other information as the issuing provider wishes to include.

(j) The issuing provider shall maintain a record for each course that contains the following information:

(1) The name of the course;

(2) The number of TCH(s) awarded;

(3) The course code, if applicable;

(4) The date and time the course was held;

(5) The location of the course;

(6) The name of each course instructor or presenter; and

(7) The name of each attendee, and, if available, the attendee’s certified operator number.

(k) The issuing provider shall:

(1) Maintain the records required by (j), above, for no less than 5 years from the date of the training; and

(2) Provide access to the records to department staff upon request.

(l) All advertisements of the course made by the provider shall include:

(1) A description of the course;

(2) The requirements for satisfactory completion of the course; and

(3) The number of TCH(s) that will be awarded upon satisfactory completion of the course.

History

#9910, eff 4-19-11); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.25)

Part Env-Dw 503 Public Water System General Operational Requirements

N.H. Code Admin. R. Ann. Env-Dw 503.01 Owner Liability

Revision Note:

Document #10465, effective 12-2-13, readopted with amendments and renumbered former Part Env-Ws 360, entitled General Operational Requirements of a Public Water System, under a new subtitle as Part Env-Dw 503 entitled Public Water System General Operational Requirements. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #10465 replaces all prior filings for rules formerly in Env-Ws 360. The prior filings for rules in former Env-Ws 367 include the following documents:

#4850, eff 6-25-90

#5422, eff 6-22-92

#5873, eff 7-26-94

#6521, eff 6-4-97

#7673, eff 4-6-02

#8360, INTERIM, eff 6-4-05

#8475, eff 11-30-05

The owner of a public water system (PWS) may delegate any responsibility imposed by this part to another person, subject to the limitations specified herein. Such delegation shall not relieve the owner from liability for non-compliance with these requirements.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 503.02 Responsibilities of the Owner of a PWS

(a) The owner of a PWS shall comply with RSA 485 and the rules in subtitle Env-Dw.

(b) The owner of a community water system (CWS) or non-transient non-community water system (NTNC) shall:

(1) Designate a certified operator with an active certificate as the PWS operator, to be responsible for the duties specified in Env-Dw 502.25 and available when the PWS is in operation except as provided in (c) below;

(2) Ensure that any operating personnel making process control decisions about water quality or quantity is a certified operator with an active certificate;

(3) Ensure that any persons performing maintenance or construction work on the PWS or PWS components have the applicable licenses or certifications; and

(4) Comply with the wellhead protection program required by Env-Dw 302, Env-Dw 305, and other source water protection requirements as applicable.

(c) The owner of a grade I-A water system, as classified in Env-Dw 502.14, may delegate the operational duties specified in Env-Dw 502.25(a)(8) to the system’s certified operator.

(d) The owner of a PWS shall submit to the department, a copy of the designation specified in (b)(1) above.

(e) The owner of a privately owned redistribution system (PORS) shall comply with the requirements of (b)(1)-(4) and (d) above.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 503.03 Required Information

(a) The owner of a new PWS or a new owner of an existing PWS shall provide the following information to the department:

(1) Name and location, including the street address and map and lot number(s) of the propert(ies) that contain(s) the water supply source(s), of the system; and

(2) The information required in (b) below for each of the following individuals or entities:

a. The owner's name;

b. The owner’s contact person, if different from the person specified in (a)(2)e. below;

c. If applicable, the owner’s representative;

d. If applicable, the primary certified operator designated in accordance with Env-Dw 503.02(b);

e. The sampling agent, if different from the person specified in (a)(2)f. below; and

f. If applicable, the emergency designee as required in Env-Dw 503.04.

(b) The notice provided pursuant to (a)(2) above, shall include the name of each individual or entity, mailing address, daytime telephone number, emergency telephone number, and the email address that the person uses for the PWS’s business.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 503.04 Designation of Emergency Operator or Emergency Contact

(a) The owner of a CWS shall designate another person to take charge of the system in the event that an emergency occurs during the owner or primary operator’s absence.

(b) For CWSs serving 1,000 or more people, the designee shall be a certified operator.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.03)

N.H. Code Admin. R. Ann. Env-Dw 503.05 Notice of Change of in Personnel Information

Within 5 working days the owner of a PWS shall notify the department whenever a change to the information provided pursuant to Env-Dw 503.03 occurs.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 503.06 Notice of Change of System PWS Ownership

(a) The following notifications shall be made whenever ownership of a PWS is transferred, whether by sale, gift, bequest, or any other transaction:

(1) The person who is transferring ownership shall notify the department of the impending transfer no less than one month before the anticipated date of transfer; and

(2) The person who is becoming the owner of a PWS shall notify the department of the actual transfer within 5 working days after its occurrence.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 503.07 Request for Updates

(a) The owner of a PWS shall, upon request of the department, provide:

(1) A description of the PWS’s existing facilities;

(2) The status of current operations; and

(3) If available, information regarding planned capital improvements and expansion.

(b) The department shall request such updates whenever the department receives information which indicates that the information on file with the department is not current.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.06)

N.H. Code Admin. R. Ann. Env-Dw 503.08 Method of Delivery for Required Notifications and Updates

The owner of a PWS shall:

(a) Provide the notice required by Env-Dw 503.02(d), and Env-Dw 503.03 through Env-Dw 503.07, by email or, if email is not feasible, by postal mail, messenger, hand, or other means of delivery; and

(b) Follow up to confirm delivery, if the method of delivery does not automatically provide confirmation.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 503.09 Operations and Maintenance Manual

(a) Each PWS shall have an operations and maintenance manual as described in (e) below.

(b) For a new PWS, where the original owner of the PWS develops the PWS but then transfers ownership to a new owner, the original owner shall provide an operations and maintenance manual as specified in (e) below, to the new PWS owner prior to the start-up date of the PWS.

(c) The operations and maintenance manual shall be subject to inspection at the time of the final certified inspection pursuant to Env-Dw 404, Env-Dw 405, or Env-Dw 406, as applicable.

(d) The owner of a PWS shall maintain a copy of the current operations and maintenance manual on-site at the PWS until it is replaced with an updated edition.

(e) The operations and maintenance manual shall include:

(1) A description of how the PWS functions;

(2) Performance specifications and a description of each PWS component;

(3) A description of the maintenance action and frequency of maintenance required for each equipment component; and

(4) Maintenance logs on which the date and type of maintenance activity performed shall be recorded.

(f) The operations and maintenance manual shall be updated whenever:

(1) A new facility, source, storage tank, pressure boosting or reducing station, vault, treatment process, or other PWS component requiring periodic maintenance is added to the PWS; or

(2) Modifications to the facility, source, storage tank, pressure boosting or reducing station, treatment process, or other PWS component requiring periodic maintenance render the existing manual obsolete.

(g) The owner of the PWS shall:

(1) Make the manual available to the department for review during any inspections; and

(2) If requested by the department, provide a copy of the manual to the department.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.07)

N.H. Code Admin. R. Ann. Env-Dw 503.10 CWS Rules

(a) Subject to (b) below, each CWS owner shall develop written rules that address:

(1) Criteria relating to the extension of service to areas or customers not already served by the CWS, such as types and diameters of pipes and other components of the CWS;

(2) Billings and payments and other user requirements, such as whether water conservation fixtures or practices are required, conditions or activities that are prohibited because they could contaminate the water supply for the CWS, and penalties for failing to abide by the policies; and

(3) The definition of “non-essential demand,” including but not limited to, irrigation and the filling of swimming pools.

(b) If the CWS owner is a political subdivision and its local legislative body does not vote to approve funding for the development of written rules and the development of such rules is not fully funded by the state, the department shall not require the rules to be developed by that political subdivision.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 503.11 PWS Operational and Maintenance Inspection Frequency

(a) The owner of a PWS shall inspect the PWS in accordance with the following:

(1) Treatment processes with mechanical chemical addition or processes treating bacteria, nitrate, or nitrite shall be inspected at least once every 7 days;

(2) Treatment processes without mechanical chemical addition shall be inspected at least once every 30 days;

(3) Source pumping stations and booster stations with no treatment shall be inspected at least once every 30 days;

(4) Water storage facilities with no treatment shall be inspected at least once every 30 days;

(5) Facilities such as pressure reducing vaults and air release valves shall be inspected at least once every 6 months; and

(6) Surface water filtration facilities shall be inspected each day.

(b) The owner of a PWS who wishes to reduce the inspection frequencies specified in (a) above shall request a reduction of the inspection frequencies by filing by email a written request to the department that includes:

(1) The name, PWS identifier, and location of the PWS;

(2) The type of contaminant being treated;

(3) The level of equipment duplication and backup;

(4) The level of remote surveillance or monitoring;

(5) The proposed inspection frequency;

(6) Whether the reduction is requested for a fixed or indefinite period of time; and

(7) Alternative methods of ensuring the continued integrity of the PWS and water quality, such as staffing levels or capabilities that provide increased routine scrutiny of the equipment or processes for which the reduction is sought.

(c) If email is not feasible, the owner may submit the request specified in (b) above by postal mail, messenger, hand, or other means of delivery.

(d) The department shall approve a reduced inspection frequency if the request demonstrates that the reduced frequency will not jeopardize the continued integrity of the PWS or the quality of water delivered to consumers.

(e) If the department approves a reduced inspection frequency, the approval shall include such conditions as the department determines are reasonably necessary to ensure that the criteria specified in (d) above, are met.

(f) If the department determines that a previously-approved reduced inspection frequency is jeopardizing the continued integrity of the PWS or the quality of water delivered to consumers, the department shall initiate an action to suspend or revoke the approval in accordance with RSA 541-A and the provisions of Env-C 200 applicable to adjudicative proceedings.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 503.12 Conduct and Review of Inspections

(a) The owner of a PWS may delegate the responsibility to conduct the inspections required by Env-Dw 503.11(a) as follows:

(1) The individual conducting the inspection shall have knowledge of the facilities and functions requiring action or maintenance; and

(2) The individual performing the inspections specified in Env-Dw 503.11(a)(5) and (6) shall be a certified operator.

(b) The certified operator of a CWS or NTNC shall determine the specific functions to be accomplished at the inspections required by Env-Dw 503.11(a).

(c) For any CWS or NTNC, if the inspections required by Env-Dw 503.11(a) are not performed by a certified operator, a certified operator shall inspect the system and review the inspection records required by Env-Dw 503.13(a) on the following schedule:

(1) Treatment processes with mechanical chemical addition or processes treating bacteria, nitrate, or nitrite, at least once every 30 days;

(2) Treatment processes without mechanical chemical addition, at least once every 90 days;

(3) Source pumping stations and booster stations with no treatment, at least once every 90 days; and

(4) Water storage facilities with no treatment, at least once every 90 days.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.16)

N.H. Code Admin. R. Ann. Env-Dw 503.13 Required Records of Inspections, Repairs, Maintenance, and Operations, Including Production and Treatment Logs

(a) The owner of a PWS shall keep a record on paper or in electronic format of each inspection, including the following:

(1) Time and date of the inspection;

(2) Name of the individual performing the inspection;

(3) General facility and equipment conditions at the time of the inspection;

(4) If available, the individual water source meter readings, pump run time meter readings, well level transducer readings, total production meter readings, and the operational parameters of all treatment processes at the time of any inspection required by Env-Dw 503.11, including:

a. The chemical(s) that are being used;

b. The total quantity of each chemical used;

c. A description of each analytical test being used to monitor the treatment process(es) and all test results; and

d. The total gallons of water treated, if metered data is required or available; and

(5) Each operation and maintenance (O&M) task performed that might affect the quality or sufficiency of supply, including the following:

a. Time and date of the task;

b. Name and company affiliation of the individual administering the task; and

c. Description of conducted O&M activities.

(b) The records required by (a) above shall be available for review by the department.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 503.14 Available Sources of Water

(a) A PWS shall use only the source(s) of water identified to the department and approved, to the extent such approval was required at the time the source was activated.

(b) Before introducing water to the distribution system from any supplemental well that meets the criteria of (a) above, the owner of a PWS shall verify the absence of coliform bacteria from the introduced water.

(c) No PWS shall introduce water from a new source that has not been approved by the department pursuant to the applicable provisions of Env-Dw 300.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.22)

N.H. Code Admin. R. Ann. Env-Dw 503.15 Evaluation of Water Supply Adequacy Required

The owner of a PWS shall review, periodically as needed, the sources and treatment of the water supply in relationship to customer demand, for the purpose of ensuring that the PWS can meet its obligations to customers.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.18)

N.H. Code Admin. R. Ann. Env-Dw 503.16 Short-Term Water Supply Inadequacies

(a) Whenever it appears that demand will exceed supply on an emergency or short-term basis, the owner of the PWS shall take appropriate action(s) to reduce nonessential demand.

(b) Whenever a drought is declared in the region of the PWS, the owner of the PWS shall take such action(s) as the owner deems necessary to reduce nonessential demand.

(c) Reduction of demand shall be considered as an emergency response achievable by directive from the PWS to its customers.

(d) The owner of a PWS shall inform the department of any action(s) taken or directed to reduce customer demand on a short-term or emergency basis within 3 working days of taking or directing such action(s).

(e) If a water shortage necessitating the reduction of nonessential demands occurs on an annual basis, the shortage shall not be considered an emergency situation that can be addressed under this section.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.19)

N.H. Code Admin. R. Ann. Env-Dw 503.17 Long-Term Water Supply Inadequacies

(a) If demand exceeds supply for more than 30 days, the owner of the PWS shall:

(1) Implement water use restrictions;

(2) Inform the department in writing of any actions taken or directed to restrict customer demand within 3 days;

(3) Submit a plan, in writing, to permanently correct the problem to the department within 60 days; and

(4) Implement corrective actions as approved by the department pursuant to (d) below.

(b) The plan required by (a)(3) above, shall include one or more of the following, as appropriate to the cause(s) of the shortage:

(1) Development of additional water supply source(s);

(2) Implementation of a leak detection plan;

(3) Implementation of a water conservation plan; or

(4) Other actions as deemed necessary.

(c) In addition to developing the plan required by (a)(3) above, the owner of the PWS may take action to modify long term demand by:

(1) Adjusting water rates;

(2) Installing customer service water meters;

(3) Requiring installation of water conservation devices; or

(4) Taking other actions such as described in Env-Wq 2101 relative to water conservation.

(d) The department shall:

(1) Review the plan submitted pursuant to (a)(3) above within 30 days of receiving the plan; and

(2) Approve the corrective action(s) in the plan if the department determines that the corrective action(s) are likely to address the cause(s) of the shortage.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.20)

N.H. Code Admin. R. Ann. Env-Dw 503.18 Notice of Planned Outages

(a) Subject to (b) below, the owner of a PWS shall notify affected customers at least 2 days in advance of scheduled maintenance activities that are likely to result in the interruption of service to customers.

(b) If planned maintenance is unexpectedly rescheduled for reasons beyond the control of the PWS owner or if a service interruption occurs during scheduled maintenance activities that were not anticipated to result in the interruption of service, the owner shall provide as much advance notice as is practicable under the circumstances.

(c) For a PWS serving fewer than 100 individuals, regardless of the number of customers, the notice required by (a) above, shall be in writing and be delivered by first class mail, e-mail, or hand-delivery to each home or business served by the PWS.

(d) For a PWS serving 100 or more individuals, regardless of the number of customers, the notice required by (a) above, shall be delivered by one or more of the following methods, at the election of the PWS owner:

(1) In writing and delivered by first class mail, email, or hand-delivery to each home or business affected by the planned activities;

(2) Other electronic means such as reverse 911 telephone service; or

(3) Published in a newspaper of general circulation for the area served by the PWS, provided that when newspaper publication is used, the notice shall be published at least twice with the final required publication at least 2 days before the anticipated beginning of work.

(e) If the PWS has a website, the owner shall supplement the notice provided pursuant to (c) or (d) above, by posting a notice on the PWS’s website.

(f) If the PWS serves only a residential community with 100 or more service connections and elects to use newspaper notice, the system owner shall also notify, by first class mail, e-mail, or hand-delivered written notice, any affected owners’ association that exists for the community.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.12)

N.H. Code Admin. R. Ann. Env-Dw 503.19 Notification of Impairment

(a) The owner of a PWS classified in Env-Dw 401 as a CWS or NTNC shall:

(1) Notify the department as specified in (a)(2) below, within 24 hours after discovery of any impairments or disruptions that reduce the PWS’s ability to continue delivering safe drinking water, including the following:

a. Actual or suspected tampering, sabotage, security breach, or any suspicious incident at the water system;

b. Damage to or depletion of the source of the supply or water system facilities which impairs the quality or sufficiency of the supply;

c. Interruption of service of a pressure zone, or the entire water system due to an extended power outage, line break, or other event that causes a disruption of the ability of the PWS to continue delivery of safe drinking water;

d. Inability to obtain chemicals required to operate the treatment system due to supply chain issues; or

e. Staff shortages; and

(2) Provide the notice to the department required by (a)(1) above by telephone, email, or other available means of confirmable, rapid communication.

(b) Subject to (d) below, if the impairment is anticipated to last more than 48 hours, the system owner specified in (a) above shall notify affected customers within 48 hours of the impairment of:

(1) What the impairment is;

(2) The corrective actions taken or planned; and

(3) The expected timeframe for resolution.

(1) Using reverse-911 or similar automated mechanism for contacting customers, if available; or

(2) In writing, if the water system does not have reverse 911 or other automated mechanism for contacting customers; and

(3) Providing a copy of the recorded or written notice to the department within 30 days of providing the notice to customers.

(d) If the PWS owner specified in (a) above is a political subdivision and its local legislative body has not voted or does not vote to approve funding for the notification required by (b) above, and the notification is not fully funded by the state, the owner shall not be required to provide the notice.

(e) In addition to (a) through (d) above, the owner of a CWS shall implement the appropriate actions as specified in the water system’s emergency plan required by Env-Dw 503.24.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.02)

N.H. Code Admin. R. Ann. Env-Dw 503.20 Priority Repair Arrangement.

(a) Where in-house system repair capability does not exist, the owner of a PWS shall establish separate repair agreements for the PWS components and distribution piping system.

(b) Each agreement shall require the repair company to:

(1) Notify the primary PWS operator; and

(2) Prioritize the repair and restoration of service to all of the PWS’s customers.

(c) The primary PWS operator shall oversee all repairs. If the primary PWS operator is not available and the repairs are of an emergency nature, the individual designated under Env-Dw 503.01 shall oversee the repairs.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.11)

N.H. Code Admin. R. Ann. Env-Dw 503.21 Prompt Repair and Maintenance Required

(a) Each owner of a PWS shall promptly repair and fully maintain the operational readiness of the PWS.

(b) The actions required by (a) above, shall include:

(1) The preparation and implementation of a preventative maintenance program, following the minimum guidelines established in Env-Dw 504; and

(2) The prompt repair or replacement of PWS components that have failed or are otherwise not performing as intended.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.13)

N.H. Code Admin. R. Ann. Env-Dw 503.22 Required Action After Mechanical Breakdown or Other Failure

(a) If the PWS experiences a mechanical failure, water main break, or power failure or experiences a degradation of the water quality in the distribution system, the owner shall initiate one or more of the following actions, as appropriate to the situation:

(1) Disinfection;

(2) Bacterial testing;

(3) Flushing; and

(4) Public notice to consumers as specified in Env-Dw 503.19(b).

(b) The action(s) taken shall be determined by the owner of the PWS and the primary certified operator after a careful analysis of the event.

History

(See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.14)

N.H. Code Admin. R. Ann. Env-Dw 503.23 Termination of Service

(a) For purposes of this section, “termination of service” means the suspension of service until such time as the underlying reason for the suspension has been corrected or otherwise resolved.

(b) Subject to (g) below, the owner of the PWS may terminate a customer’s service for cause as specified in the PWS’s rules.

(c) If the PWS has not adopted rules covering termination of service, the owner shall terminate a customer’s service for cause only as provided in this section.

(d) In the absence of system-specific rules, any of the following shall constitute cause for termination of service:

(1) Failure to pay a bill that is not being disputed under applicable legal procedures;

(2) Misappropriation of water by the customer;

(3) Refusal by the customer to give reasonable access to the customer’s premises for necessary inspection of PWS property;

(4) Failure by the customer to address a condition that could contaminate the PWS;

(5) Failure by the customer to repair or replace customer-controlled equipment that is allowing water to flow when such flow is not intended;

(6) Violation of water use bans imposed by the water system, including but not limited to exterior water use when a use restriction has been imposed by the PWS;

(7) Violation of formally adopted PWS rules provided that the rules identify service termination as a penalty for violation; or

(8) Tampering with PWS property.

(e) Subject to (f) and (g) below, prior to terminating service, the owner of the PWS shall notify the local health officer and customer in writing by registered mail or other method that provides confirmation of delivery at least 14 days prior to the termination date.

(f) The owner of the PWS may terminate service without the advance written notice required by (e) above, if:

(1) The owner provides as much advance notice to the customer as is practicable under the circumstances;

(2) The owner notifies the department of the termination within 48 hours of the termination; and

(3) One or more of the following is true:

a. A condition exists that poses a threat to the safety or reliability of the water system and termination of the service is necessary to abate the threat;

b. A condition exists that poses a threat to life, health, or property and termination of the service is necessary to abate the threat; or

c. The customer has abandoned the property served by the water system, as evidenced by:

The service address premises being vacant for a period of 60 days without any notification to the water system; and
The customer not responding to the owner’s attempts to contact him or her.

(g) The owner of a PWS registered with the public utilities commission (PUC) shall use the termination procedure specified in the system’s PUC franchise and tariff.

History

#14006, eff 6-25-24 (formerly Env-Dw 503.09)

N.H. Code Admin. R. Ann. Env-Dw 503.24 Emergency Plans for CWSs

(a) The owner of a CWS shall prepare an emergency plan based on the assessment of risks using current scientific data and projections as applicable, to address emergency situations, including but not limited to actions or impairments triggering department notification as defined in Env-Dw 503.19(a), such as, power outages, drought, flooding, saltwater intrusion, and extreme weather.

(b) The emergency plan shall include the following:

(1) A description of the roles and responsibilities for each individual involved during an emergency situation;

(2) A description of how the department, local officials, CWS customers including any PORS or consecutive systems, and the general public will be notified of an emergency situation;

(3) A step-by-step description of how the system will implement an acute public notice, including a boil water order, do not drink notice, or do not use notice;

(4) The mailing address, emergency telephone number, and non-emergency telephone number of each of the following local officials and agencies:

a. The fire department;

b. The police department;

c. At least one ambulance service;

d. The health officer;

e. The CWS’s primary certified operator(s); and

f. The owner(s) of abutting water system(s);

(5) The emergency and non-emergency telephone numbers of the following state agencies:

a. The state police;

b. The department’s drinking water and groundwater bureau;

c. The department of safety, homeland security and emergency management; and

d. The department of health and human services, division of public health services;

(6) The names and emergency and non-emergency telephone numbers for local service and repair contractors that might be needed in an emergency, including but not limited to:

a. An electrician;

b. The electric utility;

c. A pump specialist;

d. An excavation contractor;

e. A state-accredited laboratory; and

f. Media such as radio station and newspaper;

(7) The name and emergency and non-emergency telephone numbers for each service customer with unique water supply needs, including but not limited to:

a. Hospitals;

b. Nursing homes;

c. Health rehabilitation centers;

d. Housing for older persons as described in RSA 354-A:15;

e. Fire department; and

f. Schools;

(8) A description of how the water supply needs of service customers specified in (7) above, will be met;

(9) A description of how the CWS will continue to provide essential functions during an emergency by addressing the following:

a. Essential personnel;

b. Essential system operations;

c. Orders of succession;

d. Continuity communications;

e. Record management;

f. Cross-training programs; and

g. Alternate facilities;

(10) A description of any existing mutual aid agreements or memberships and where a copy of the agreement(s) can be found;

(11) A brief list of the CWS’s primary components, or reference to the CWS’s asset management plan if it contains a complete list, otherwise including but not limited to:

a. All active sources;

b. All operable inactive wells;

c. All source and distribution pump stations;

d. All distribution system pressure reducing vaults or stations;

e. All water treatment facilities;

f. All storage tanks;

g. All drinking water chemicals; and

h. Primary and backup communications equipment;

(12) A description of the type of record drawings available and where the drawings are located;

(13) A description of the CWS that includes at least the following:

a. The total production capacity of each active and inactive well or surface water treatment plant;

b. The total storage capacity of the system;

c. The average and maximum daily demand of the system;

d. The system’s ability to isolate sections of the distribution system; and

e. If applicable, a description, based on existing information, of the hydraulic interconnectivity of the system’s sources and an estimate of the extent to which a contamination event would affect total production capacity;

(14) A description of the CWS’s backup power capabilities, including but not limited to:

a. Whether there is a manual or automatic transfer switch;

b. Type and size of generator;

c. Which operations the generator supports;

d. Fuel type;

e. How long the generator is capable of operating; and

f. Testing and maintenance schedule of the generator;

(15) A description of alternate water sources or short-term measures the CWS could use during an emergency situation, including, but not limited to:

a. The use of bottled water;

b. Purchasing bulk water in accordance with Env-Dw 304;

c. Reactivating deactivated sources of water;

d. Interconnections with adjacent water supply systems;

e. Installation of water treatment; and

f. Imposing water use restrictions;

(16) A description of follow-up action and responsibility for returning to regular system operation;

(17) A description of procedures for responding to breaches in cybersecurity systems, including, but not limited to:

a. The name and emergency and non-emergency telephone numbers for the information technology contact;

b. The ability to disconnect impacted computers from the network to isolate the problem;

c. How the CWS will assess the damage to the equipment or disruptions caused to utility operation;

d. If needed, how the CWS will initiate manual operation of equipment if control systems have been compromised;

e. How the CWS plans to restore operation of their critical processes that were impacted;

f. How the CWS will distribute any advisories or alerts to customers as needed, including customers whose records may have been compromised; and

g. Documentation procedures to be used to track cyber incident responses; and

(18) For CWSs serving more than 1,000 persons that are located within the 10-mile Emergency Planning Zone as defined in 44 CFR 350.2 for the Seabrook Station nuclear power plants, the emergency plan shall include the following:

a. A statement that the water system is located within the Emergency Planning Zone; and

b. A statement that the water system will follow the established local and state procedures, which are available from the local emergency management director of the municipality, for responding to radiological emergencies.

(c) CWSs shall submit an emergency plan to the department as part of the final approval to operate process per Env-Dw 404 or Env-Dw 405, as applicable.

(d) The CWS owner and primary operator shall sign and date the emergency plan prior to submittal to the department.

(e) The CWS owner and primary operator shall:

(1) Annually review the emergency plan; and

(2) Update the plan as necessary to reflect current information.

(f) The CWS owner shall file the most recent emergency plan with the department by March 31 every 5 years, beginning March 31, 2026.

(g) The emergency plan shall be available for review during each scheduled sanitary survey, as required by Env-Dw 720.

History

#14006, eff 6-25-24 (formerly Env-Dw 503.21)

Part Env-Dw 504 Public Water System Maintenance Requirements

N.H. Code Admin. R. Ann. Env-Dw 504.01 Owner Liability

Revision Note:

Document #10465, effective 12-2-13, readopted with amendments and renumbered former Part Env-Ws 361, entitled Maintenance Responsibilities, under a new subtitle as Part Env-Dw 504 entitled Public Water System Maintenance Requirements. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #10465 replaces all prior filings for rules formerly in Env-Ws 361. The prior filings for rules in former Env-Ws 367 include the following documents:

#4850, eff 6-25-90

#5422, eff 6-22-92

#5873, eff 7-26-94

#6521, eff 6-4-97

#8475, eff 11-30-05

The owner of a public water system (PWS) may delegate any responsibility imposed by this part to another person, subject to any limitations specified herein. Such delegation shall not relieve the owner from liability for non-compliance with these requirements.

History

(See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 504.02 Definitions

(a) “All premises served” means every residential, commercial, industrial, educational, governmental, religious, or other property that is connected to the PWS.

(b) “Tie location records” means records showing the precise detailed dimensional measurements of all buried water supply lines, valves, and other components.

(c) “Curb stop” means the valve between the water distribution system and the service customer’s premises which controls the flow of water to the premises.

(d) “Record drawing” means a plan of the actual configuration of the distribution system showing the type, size, and location of piping, service lines, shut-offs, blow-offs, hydrants, valves, and other utilities.

History

(See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 504.03 General System Maintenance

(a) Each PWS shall have a maintenance schedule for each of the following:

(1) Wells, reservoirs, and intakes;

(2) Pump stations;

(3) Electrical equipment and controls;

(4) Water storage tanks;

(5) Distribution system;

(6) Water treatment facilities; and

(7) Water meters and instrumentation.

(b) The schedule shall be based on:

(1) The maintenance frequencies recommended by the manufacturer, for those components for which such recommendations exist; and

(2) For all other components, the frequencies recommended by the American Water Works Association or commonly used in the water works industry.

History

(See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 504.04 Source Evaluation

(a) The owner of a PWS shall review, periodically as needed, water use records, customer complaints, and other documents or information pertaining to the source capacity of the system’s surface water(s) or well(s) or both, as applicable, in relationship to historic production rates.

(b) If production rates are declining at a community water system, the owner shall consult with the department to determine whether to:

(1) Perform a pump test for each well water source in accordance with Env-Dw 302 for large community water systems and Env-Dw 305 for small community water systems;

(2) Monitor each well source to establish:

a. Static water level;

b. Stabilized pumping level;

c. Pumping rate;

d. Production volumes; and

e. Pump run times; or

(3) Take some other action(s) to determine the cause(s) of the decline and to address the cause(s).

History

(See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 504.05 Distribution System Flushing

(a) The owner of a PWS shall flush the distribution system:

(1) At least once every 2 years;

(2) More frequently than every 2 years if needed to maintain the cleanliness of the distribution piping; or

(3) Less frequently than 2 years if drought conditions limit production capacity or a waiver is granted by the department pursuant to Env-Dw 202, because asset management or maintenance records show that a frequency of over 2 years satisfies flushing objectives.

(b) Flushing shall be done at times of minimum system usage whenever possible.

(c) For PWSs serving less than 100 individuals, regardless of the number of customers, the owner shall give written notice at least one week in advance of the intended flushing date by first class mail, email, or hand-delivery to all premises served by the PWS in the area that will be affected by the flushing.

(d) For PWSs serving 100 or more individuals, regardless of the number of customers, the owner shall give notice at least one week in advance of the intended flushing date to all premises served by the PWS in the area that will be affected by the flushing by one or more of the following methods, at the election of the PWS owner:

(1) In writing and delivered by first class mail, email, or hand-delivery;

(2) Other electronic means such as reverse 911 telephone service; or

(3) Publishing a copy of the notice in a newspaper of general circulation for the area served by the PWS.

(e) If the PWS has a website, the owner shall supplement the notice provided pursuant to (c) or (d) above, by posting a notice on the PWS website at least one week in advance.

(f) The flushing shall be continued until the water runs clear, at a flushing flow rate of not less than 3 feet per second.

History

(See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 504.06 Distribution Valve Operation

(a) The owner of a PWS shall fully turn each distribution system valve either:

(1) At least once every 12 months;

(2) At the frequency identified in the PWS’s operations and maintenance manual or rules, provided that not less than 20% of the valves are operated annually and all valves are operated at least once every 5 years; or

(3) Less frequently than every 5 years if a waiver is granted by the department pursuant to Env-Dw 202, because asset management and maintenance records, as applicable, demonstrate that a frequency of over 5 years satisfies valve operability objectives.

(b) This activity shall be scheduled to minimize the potential impact on customers.

History

(See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 504.07 Service Line and Water Meter Installation and Maintenance Policy

(a) Unless the PWS has adopted formal rules to the contrary, the service line and service meter policy shall be as follows:

(1) The owner of a PWS shall be responsible for the service line from the water main to the curb stop;

(2) The service customer shall be responsible for the service line from the curb stop to the customer’s premises; and

(3) The owner of a PWS shall be responsible for any required service meters.

(b) The owner of a PWS shall select, size, install, and maintain all required water meters in accordance with:

(1) The specifications of the manufacturer; and

(2) The procedures and protocols described in “Manual of Water Supply Practices, Water Meters – Selection, Installation, Testing, and Maintenance,” document identification number AWWA M6, American Water Works Association, 2012, available as noted in Appendix C.

History

(See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 504.08 Distribution Records

(a) Each PWS, including a community water system, and privately owned redistribution system with exterior distribution piping shall maintain and update, on an annual basis and based on the best information available to the owner, the water system’s:

(1) Record drawings, which shall conform to the requirements listed in Env-Dw 405.33(d) regardless of service population; and

(2) The location records.

(b) Information that has not been positively confirmed shall be noted as estimated on all records.

(c) Paper copies, digital copies, or both, if available, of the PWS’s record drawings and tie location records shall be available to the department for review and use in preparing state-wide digital drawings and records.

History

(See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

N.H. Code Admin. R. Ann. Env-Dw 504.09 Storage Tank Inspection and Maintenance

(a) At least once every 5 years, the owner of a PWS shall have each water storage tank used by the system inspected to the maximum extent practical and evaluated for structural strength, corrosion, and other factors related to water quality and tank integrity.

(b) Tanks with a capacity of 20,000 gallons or less, and less than 20 years in age, shall not be required to be inspected internally unless the tank shows any visible signs of diminished integrity or damage or might be adversely affecting water quality.

(c) Metal storage tank surfaces shall be painted or otherwise protected as determined by the tank inspection report recommendations, using materials approved in accordance with Env-Dw 403.

(d) The owner of a PWS shall maintain emergency access to the tank’s filler pipe.

History

(See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Part Env-Dw 505 Backflow Prevention

N.H. Code Admin. R. Ann. Env-Dw 505.01 Purpose

Revision Note:

Document #10615, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 364, entitled Backflow Prevention, under a new subtitle as Part Env-Dw 505. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Most of the existing rules in Env-Ws 364 had last been filed under Document #8476, effective 11-30-05, but they did not expire on 11-30-13 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10615, effective 6-1-14.

Document #10615 replaces all prior filings for rules formerly in Env-Ws 364. The prior filings for rules in former Env-Ws 364 include the following documents:

#6521, eff 6-4-97

#8360, INTERIM, eff 6-4-05

#8476, eff 11-30-05

(a) The purpose of this part is to regulate, control, and prevent the contamination of public drinking water by the backflow of water or other liquids, gases, mixtures, or other substances into the water distribution system of a public water system (PWS) from a source or sources other than the approved source(s) of water.

(b) This part is not intended to interfere with the progress of existing effective cross-connection control programs, but rather to strengthen them and encourage uniformity across the state.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.02 Applicability

(a) A PWS shall have a cross-connection control program approved in accordance with Env-Dw 505.11 if:

(1) The PWS is a community water system that serves 1,000 or more persons; and

(2) The PWS serves an entity that poses a cross-connection hazard.

(b) The owner of a PWS that does not meet the criteria of (a), above, shall take appropriate action to prevent backflow occurrences and to eliminate cross-connections, however, an approved cross-connection control program shall not be necessary.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.03 Definitions

As used in this part, unless the content clearly indicates otherwise, the following words shall have the following meanings:

(a) “Air gap” means an unobstructed vertical distance equal to twice the diameter of the supply pipe or supply faucet or one inch, whichever is greater, through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle;

(b) “Approved backflow prevention device” means a backflow prevention device that has been:

(1) Tested and certified by the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research, listed at https://fccchr.usc.edu/list.html; or

(2) Tested and certified by American Society of Sanitary Engineers (ASSE) International, listed at https://forms.iapmo.org/asse/listed/;

(d) “Back pressure” means pressure created by mechanical means or other means causing water or other liquids or substances to flow or move in a direction opposite to what is intended;

(e) “Back-siphonage” means a backflow resulting from negative or reduced pressure in the water distribution pipes of a potable water supply;

(f) “Certified backflow prevention device inspector” means an individual who has proven their competency to inspect and test backflow prevention devices, by the possession of a valid backflow prevention device certification issued by the New England Water Works Association (NEWWA) or ASSE Series 5000 certification program;

(g) “Check valve” means a self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow;

(h) “Containment” means that method and philosophy of backflow prevention which requires a backflow prevention device to be installed at the water service entrance;

(i) “Customer or property owner” means any person who has legal title to or license to operate or inhabit a property at which a cross-connection inspection is to be made or at which a cross-connection is present;

(j) “Double check valve” means a device incorporating 2 spring-loaded check valves within a single unit, having 2 shut-off valves and having the necessary appurtenances for testing;

(k) “High degree of hazard” means that if a backflow were to occur, the resulting effect on the potable water supply could cause illness or death if the water thus contaminated were consumed by humans. The unwanted substance might be toxic to humans either from a chemical, bacteriological, or radiological standpoint. The effects of the contaminants can result from short or long-term exposure;

(l) “Low degree of hazard” means that if backflow were to occur, the resulting effect on the potable water supply would be a change in its aesthetic qualities only and the unwanted substance is non-toxic to humans;

(m) “Potable water” means water from a source which has been approved by the department for human consumption;

(n) “Pressure vacuum breaker” means a device with an internally spring-loaded check valve and a spring-loaded air inlet valve, having 2 shut-off valves and having the necessary appurtenances for testing, designed to operate under constant pressure but not back pressure;

(o) “Reduced pressure principal backflow device assembly” means a device incorporating 2 or more spring-loaded check valves and an automatically-operating relief valve located between the 2 check valves, with 2 shut-off valves and having the necessary appurtenances for testing;

(p) “Residential dual check valve” means a device, designed for backpressure and back-siphonage protection for residential dwellings, which incorporates 2 spring-loaded check valves in a single unit without shut-off valves or testing appurtenances in accordance with ASSE Standard 1024;

(q) “Supplier of water” means “supplier of water” as defined in RSA 485:1-a, XVI, as reprinted in Appendix B; and

(r) “Unwanted substances” means water or other liquids, gases, mixtures, or other substances from any source(s) other than the approved source(s) of water.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.04 Responsibilities of Department, Suppliers of Water, Owners, and Inspectors

(a) Relative to cross-connections, the department shall:

(1) Establish and enforce rules to regulate cross-connections;

(2) Review inspection reports prepared pursuant to Env-Dw 505.05; and

(3) Review and approve the cross-connection control program of each PWS, in accordance with Env-Dw 505.11.

(b) Each supplier of water shall be responsible for the safety of the PWS under its jurisdiction.

(1) Not allow any cross-connection at any point within the PWS unless approved pursuant to a permit specifically issued by the supplier of water for the cross-connection;

(2) Require any backflow prevention device installed in the system to be an approved backflow prevention device;

(3) When an application for a cross-connection permit is received, review the degree of hazard classification of the cross-connection, determine the proper backflow prevention device for the cross-connection, and designate that backflow prevention device on the cross-connection permit if it is issued;

(4) Require backflow prevention devices to:

a. Be installed where required;

b. Be tested for proper functioning upon completion of installation;

c. Meet performance standards International Plumbing Code (IPC) section 608, Protection of Potable Water Supply, table 608.1; and

d. Be inspected and tested at least semi-annually in high degree of hazard situations and annually in low degree of hazard situations, or more frequently as required by the supplier of water;

(5) Require a certified backflow prevention device inspector to perform all testing and inspection duties;

(6) Require the customer or property owner to repair, overhaul, or replace the backflow prevention device whenever it is found to be defective;

(7) Evaluate records of inspections, tests, repairs, and overhauling and retain the records for a period of at least 5 years;

(8) Establish a time for completion of necessary corrections or removal of actual or potential cross-connections, taking into consideration the degree of hazard involved and the time required to obtain and install the needed equipment;

(9) Ensure that necessary corrections are made by:

a. Requesting the owner of the cross-connection to voluntarily correct the deficiencies; and

b. Physically separating the PWS from the on-site piping system if proper protection has not been provided after a reasonable period of time following legal notification; and

(10) Deny water service to any premises where cross-connections exist until corrective action is taken, in accordance with the following:

a. Water service shall be discontinued for failure to test or maintain backflow prevention devices in a manner acceptable to the supplier of water; and

b. Water service shall be discontinued until corrections are made, if it is found that the backflow prevention device has been removed, by-passed, or otherwise rendered ineffective.

(d) Relative to cross-connections, the supplier of water and the customer or property owner shall have joint responsibility to ensure that the backflow prevention devices installed at all cross-connections are tested and inspected as specified in Env-Dw 505.04.(c)(4)d.

(e) Relative to cross-connections, the customer or property owner shall:

(1) Eliminate and disconnect any cross-connections that are maintained between the private system and the supplier of water’s system, unless deemed necessary by the supplier of water and protected by an approved backflow prevention device suitable for the degree of hazard associated with the cross-connection;

(2) Have any backflow prevention device properly installed, operated, and maintained;

(3) Comply with all provisions of any cross-connection permit and the supplier of water’s cross-connection program;

(4) Apply for renewal of the cross-connection permit when required by the supplier of water;

(5) Protect the owner’s water distribution or plumbing system by the installation of approved backflow prevention devices where appropriate and necessary; and

(6) Have inspections and tests performed during regular business hours.

(f) Relative to cross-connections, the certified backflow prevention device inspector shall:

(1) Make competent inspections and reports of the inspection and testing of backflow prevention devices on forms approved by the supplier of water having jurisdiction;

(2) Competently use all of the equipment necessary to properly test and inspect backflow prevention devices using ASSE Series 5000, (2012), available as noted in Appendix C, or “NEWWA Backflow Prevention Device Assembly Field Test Procedures Using a Three-Valve Differential Test Kit”, (2019), available as noted in Appendix C; and

(3) Perform the work and be responsible for the competency and the accuracy of all tests and reports.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.05 Required Reports

(a) All suppliers of water identified in Env-Dw 505.02(a) shall submit an annual inspection and testing report to the department in accordance with this section.

(b) The annual inspection and testing report shall be submitted to the department no later than April 1st of the year following the inspection year.

(1) Specify the total number of permitted cross connections at the end of the year for which the report is being filed;

(2) Specify the number of backflow prevention devices tested; and

(3) Provide the following information for each backflow prevention device:

a. Permit number of the backflow prevention device;

b. Name of the owner of the backflow prevention device;

c. Location of the backflow prevention device;

d. Date of each inspection and test performed during the year of reporting;

e. Name, certifying organization, and certification number of the certified backflow prevention device inspector who performed the inspection and test on the device; and

f. If the inspection or test result is unsatisfactory, the date of correction.

(d) A supplier of water with over 1,000 service connections that demonstrates the absence of any connection(s) with a high degree of hazard shall be exempt from reporting.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.06 Cross-Connection Permits

(a) The owner of any premises where a cross-connection exists shall apply for a cross-connection permit on the forms provided by the supplier of water if the premises are served by a PWS that is required to have a cross-connection program pursuant to Env-Dw 505.02(a).

(b) All permits shall be:

(1) Issued by the supplier of water for a term not to exceed 5 years; and

(2) Subject to revocation by the supplier of water.

(1) The owner’s name, email address, postal mailing address, and daytime telephone number;

(2) The location of the backflow prevention device;

(3) The name of the manufacturer of the backflow prevention device;

(4) The size and model number of the backflow prevention device;

(5) A description of contaminants that could be introduced through the cross-connection;

(6) The frequency of inspections and testing of the backflow prevention device; and

(7) The permit number.

(d) The holder of a cross-connection permit shall apply for the permit to be renewed every 5 years or:

(1) Whenever a change has occurred in the existing degree of hazard classification; or

(2) A change has been made in the type of backflow prevention device installed.

(e) Cross-connection permits shall be non-transferable.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.07 Replacement of Backflow Prevention Devices

Any existing backflow prevention device shall be allowed to continue in service unless:

(a) The supplier of water considers the condition of any portion of the backflow prevention device to be such that replacement should be made; or

(b) The degree of hazard classification has changed so as to supersede the effectiveness of the present backflow prevention device currently in use.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.08 Approved Backflow Prevention Devices

(a) Only approved backflow prevention devices shall be used.

(b) Only the types of backflow prevention devices listed in Table 505-1 below shall be used for the containment of on-premise hazards for low and high degree of hazard situations respectively:

Table 505-1: Acceptable Backflow Prevention Devices for Degrees of Hazards

Low Degree of Hazard

High Degree of Hazard

Air gap

Pressure vacuum breaker

Reduced pressure principal backflow prevention device assembly

Double check valve

A combination of the above

Reduced pressure principal backflow prevention device assembly

A combination of the above

(1) Be subject to corrosive fumes, grit, or sticky or abrasive liquids;

(2) Be subject to flooding or mechanical abuse;

(3) Not be easily accessible for testing and repair;

(4) Be in a pit or built into or close to walls or other obstructions; or

(5) Be in a vertical position unless the backflow prevention device was certified for that orientation.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.09 Program Documentation

(a) Each PWS that is required by Env-Dw 505.02(a) to have a cross-connection program shall file with the department a copy of its legally-adopted cross-connection control program.

(b) Any subsequent revisions to a cross-connection control program approved in accordance with Env-Dw 505.11 shall be filed with the department as specified in Env-Dw 505.11.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.10 Required Records

(a) Each PWS that is required by Env-Dw 505.02(a) to have a cross-connection program shall maintain records pertaining to its cross-connection control program as specified in this section.

(b) A list of high degree of hazard cross-connection locations shall include:

(1) The name of the owner or business;

(2) The location of the backflow prevention device;

(3) The type of backflow prevention device installed;

(4) The size of the backflow prevention device;

(5) The manufacturer’s name and model number;

(6) The cross-connection permit number;

(7) A description of the contaminant(s); and

(8) The testing and inspection frequency.

(d) Records of the frequency of inspection and testing of each backflow prevention device and the results of inspections and tests shall include the following and be on forms provided by the supplier of water:

(1) The name of the owner or business;

(2) The location of the backflow prevention device;

(3) The type of backflow prevention device;

(4) The size of the backflow prevention device;

(5) The manufacturer’s name and model number;

(6) The date of the first inspection and test of the year for high hazard backflow prevention devices or the date of the annual inspection and test for low hazard backflow prevention devices;

(7) The name of the certified backflow prevention device inspector;

(8) Inspection and testing results from the first or annual test, as applicable;

(9) If the inspection or testing results from the first or annual test, as applicable, were unsatisfactory:

a. The measures taken to correct the deficiencies; and

b. The date the device was determined to be satisfactory;

(10) The date of the second inspection and test of the year for each high hazard backflow prevention device;

(11) Inspection and testing results from the second test for each high hazard backflow prevention device; and

(12) If the inspection or testing results from the second test for a high hazard backflow prevention device were unsatisfactory:

a. The measures taken to correct the deficiencies; and

b. The date the device was determined to be satisfactory.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 505.11 Approval of Cross-Connection Programs; Revisions

(a) To obtain department approval of a cross-connection program, the supplier of water shall submit a written description of the program that includes:

(1) A description of all components of the program; and

(2) A certification signed by the supplier of water that the supplier of water has the authority to enforce the requirements of the program.

(b) The department shall approve the program if, after reviewing the submittal, the department determines that the program complies with the requirements of this part.

(c) If the supplier of water revises any part of an approved cross-connection control program, the supplier of water shall submit the revisions in writing to the department.

(d) The department shall approve the revisions if the department determines that the program as revised complies with the requirements of this part.

(e) The department shall notify the supplier of water of its decision on a submittal under (a) or (c), above, in writing within 30 days of receipt of the submittal. If the program or revision is not approved, the written notice shall specify the reason(s) for the decision.

History

(See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Part Env-Dw 506 Seasonal Public Water Systems

N.H. Code Admin. R. Ann. Env-Dw 506.01 Purpose

The purpose of this part is to establish the minimum requirements for the opening of seasonal public water systems (seasonal systems).

History

#10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 506.02 Applicability; Exemption

(a) The rules in this part shall apply to all seasonal systems as defined in Env-Dw 100, subject to (b) and (c) below.

(b) Prior to April 1, 2016, the rules in this part shall not apply to seasonal systems owned by political subdivisions of the state.

(c) A seasonal system where the entire distribution system remains pressurized during the entire period that the system is not serving water to the public shall be exempt from the start-up procedures and certification required by Env-Dw 506.04(a).

History

#10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 506.03 Sampling Requirements

The owner of a seasonal system shall conduct sampling in accordance with Env-Dw 707 through Env-Dw 711.

History

#10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 506.04 Start-Up Procedures and Certification Required

(a) Prior to serving water to the public, the owner of a seasonal system shall:

(1) Complete the start-up procedures specified in Env-Dw 506.05; and

(2) Certify to the department that the procedures were completed as specified in Env-Dw 506.06.

(b) The owner may authorize an agent to conduct the start-up procedures and file the certification, but such authorization shall not relieve the owner from liability if the procedures are not done as and when required.

History

#10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 506.05 Specific Procedures

(a) The start-up procedures required by Env-Dw 506.04(a)(1) shall include the following:

(1) Inspecting all components of the distribution system including sanitary protective area(s), well(s), source meter(s), pump house(s), pump(s), treatment facility(ies), storage facility(ies), valve(s), blow-off(s), hydrant(s), backflow prevention device(s), if any, and sampling tap(s);

(2) Disinfecting and flushing all distribution lines;

(3) Correcting any current or previously-noted sanitary defects;

(4) Submitting to the department proof of all outstanding public notice(s) from the previous season;

(5) Submitting to the department any outstanding assessment reports from the previous season;

(6) Submitting to a state-accredited laboratory all outstanding chemical and bacterial make-up sample(s); and

(7) Resolving all outstanding violations or requirements.

(b) The owner may include additional steps in the start-up procedures, such as sampling.

History

#10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 506.06 Annual Start-Up Certification.

(a) The owner or authorized agent of the seasonal system shall provide the certification required by Env-Dw 506.04(a)(2) by providing the information specified in (b), below, on a form obtained from the department that the owner or authorized agent has signed as specified in (c) below.

(b) The information required by (a), above shall be as follows:

(1) The complete legal name of the seasonal system, its PWS identifier, and the municipality in which the seasonal system is located;

(2) The months in which the owner anticipates opening and closing the seasonal system;

(3) For the owner of the seasonal system, the owner’s name, regular mailing address and seasonal mailing address, if different, regular and seasonal daytime telephone numbers, including area codes, and e-mail address;

(4) For the start-up procedures, the date the procedures were completed and the name and title(s) of the individual who completed the procedures; and

(5) The calendar year of the certification and the date the seasonal system opened and started serving water to the public.

(c) The owner or authorized agent shall sign and date the certification and print or type their name and title on the certification prior to submitting it to the department. If signed by the authorized agent, the authorized agent shall provide their daytime telephone number including area code and e-mail address.

(d) The signature required by (c), above, shall constitute certification that:

(1) The signer is the owner of the seasonal system or has been authorized by the owner to sign the certification;

(2) The start-up procedures required by Env-Dw 506.04(a)(1) have been completed;

(3) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(4) The signer understands that they are subject to the penalties for false swearing specified in RSA 641:3 or any successor statute if the information is false, incomplete, or misleading.

History

#10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 506.07 Violations

(a) Failing to complete the required start-up procedures as required by Env-Dw 506.04(a)(1) shall constitute a treatment technique violation.

(b) Failing to submit certification of completion of start-up procedures as required by Env-Dw 506.04(a)(2) shall constitute a reporting violation

History

#10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 506.08 Public Notice of Violations

The owner of a seasonal system, at which any violation specified in Env-Dw 506.07 occurs, shall notify the public in accordance with Env-Dw 800.

Appendix A: State Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Regulations Implemented

Env-Dw 501

RSA 485:3-a

Env-Dw 502 (also see specific sections below)

RSA 332-E:3, I

Env-Dw 502.04 – RSA 502.06

RSA 332-E:4, I - III

Env-Dw 502.07

RSA 332-E:5, I - IV

Env-Dw 502.08

RSA 332-E:6, I

Env-Dw 502.09

RSA 332-E:4, IV-VI;

RSA 332-E:6, II, III, V

Env-Dw 502.10

RSA 332-E:5, VI; RSA 332-E:9

Env-Dw 502.11

RSA 332-E:6, IV

Env-Dw 502.12 – RSA 502.23

RSA 332-E:3, II - IV

Env-Dw 502.24 – RSA 502.29

RSA 332-E:3, I & III

Env-Dw 503

RSA 485:1; RSA 485:10;

RSA 485:11; RSA 485:43

Env-Dw 504

RSA 485:1; RSA 485:11;

RSA 485:43

Env- Dw 505

RSA 485:11; RSA 485:41

Env-Dw 506.01 - Env-Dw 506.08

RSA 485:3, I; RSA 485:41, II & III;

RSA 485:43

40 CFR 141.853 - 857

Appendix B: statutory definitions

RSA 332-E:1

II. “Certificate” means a certificate of competency issued by the department stating that the operator has met the particular requirements set by the department for certification at his level of operation.

III. “Department” means the department of environmental services.

IV. “Operator” means the individual who has full responsibility for the operation of a water treatment plant or water distribution system and any individual who normally has charge of an operating shift, or who performs important operating functions including analytical control.

V. “Water distribution system” means that portion of the public water system which includes sources, pipes, storage facilities, pressure booster facilities, and all measuring and control devices used to convey potable water to the system users.

VI. “Water treatment plant” means the portion of the public water supply system which in some way alters the physical, chemical, or bacteriological quality of the water being treated.

RSA 485:1-a

XVI. "Supplier of water" means any person who controls, owns or generally manages a public water system.

Appendix C: Incorporation By Reference Information

Rule Section(s)

Title

Dated

Obtain at:

Env-Dw 504.07(b)(2)

Manual of Water Supply Practices, Water Meters – Selection, Installation, Testing, and Maintenance,” document identification number AWWA M6, American Water Works Association

2012

American Water Works Association

https://www.awwa.org/Publications/Manuals-of-Practice

History

#10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 505.04 Operation and Maintenance

(f) “Cross-Connection Control Professional Qualifications Standard (ASSE Series 5000)”, revised June 2012. Available for review at the NH Department of Environmental Services office or purchase at: ANSI HEADQUARTERS Washington, DC 1899 L Street, NW, 11th Floor Washington, DC 20036 Price: $45. https://webstore.ansi.org/standards/asse-sanitary/asseseries5000 Env-Dw 505.04(f) “NEWWA Backflow Prevention Device Assembly Field Test Procedures Using a Three-Valve Differential Test Kit”, revised June 2019. Available for review at the NH Department of Environmental Services office.

Chapter Env-Dw 600 Capacity Assurance

Part Env-Dw 601 Purpose; Definitions

N.H. Code Admin. R. Ann. Env-Dw 601.01 Purpose

The purpose of the rules in this chapter is to ensure the long-term viability of public water systems (PWS) as required by §119 of the federal Safe Drinking Water Act Amendments of 1996, 42 U.S.C. §300g-9 (federal SDWA), by ensuring that each existing and proposed community PWS (CWS) and non-transient, non-community PWS (NTNC) has sufficient technical, managerial, and financial capability to:

(a) Meet the requirements of the New Hampshire Safe Drinking Water Act, RSA 485 (state SDWA); and

(b) Provide effective and reliable water service to its customers.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 601.02 Incorporated Definitions

Unless otherwise specified, any term used in this part that is defined in Env-Dw 103 shall have the meaning specified therein.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 601.03 Chapter-Specific Definitions

(a) “Business plan” means a multifaceted assessment of the present and future managerial and financial capacity of a PWS to achieve and maintain economic viability, compliance with the state SDWA and federal SDWA, and effective and reliable service to customers.

(b) “Supplier of water” means:

(1) In the context of a proposed PWS, the person who will be the supplier of water if all necessary approvals for the proposed PWS are obtained; and

(2) In the context of an existing PWS, “supplier of water” as defined in RSA 485:1-a, XVI.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

Part Env-Dw 602 Capacity Assurance for Proposed Cws and Ntnc

N.H. Code Admin. R. Ann. Env-Dw 602.01 Applicability

The rules in this part shall apply to:

(a) Any proposed CWS or NTNC other than a CWS or NTNC proposed by a political subdivision;

(b) Any existing water system that is not owned by a political subdivision and does not meet the definition of a CWS or NTNC but plans to be modified so as to become a CWS or NTNC.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 602.02 Demonstrating Capacity Assurance for New CWS or NTNC

Capacity assurance for a new CWS or NTNC as required by Env-Dw 405 or Env-Dw 406, as applicable, shall be demonstrated by the supplier of water through the following submittals:

(a) A business plan as specified in Env-Dw 602.03, which includes a demonstration of technical, managerial, and financial capacity; and

(b) A technical design assurance submittal as specified in Env-Dw 405.03 or Env-Dw 406.03, as applicable.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 602.03 Business Plan for a Proposed CWS or NTNC

(a) The business plan for a proposed CWS or NTNC shall include:

(1) A summary description of the proposed CWS or NTNC and its customers;

(2) A description of the technical capacity of the supplier of water, as specified in Env-Dw 602.04;

(3) A description of the managerial capacity of the supplier of water, as specified in Env-Dw 602.05; and

(4) A description of the financial capacity of the supplier of water, as specified in Env-Dw 602.06.

(b) The supplier of water shall review the business plan annually and update the plan as needed.

(c) The supplier of water shall submit a preliminary business plan to the department at the same time the supplier of water submits the final design for the PWS pursuant to Env-Dw 402 or Env-Dw 404 through Env-Dw 406, as applicable.

(d) The department shall review the preliminary business plan within 30 days and provide written comments to the supplier of water.

(e) The comments provided pursuant to (d), above, shall identify all areas in which the business plan is deficient and the deadline for submitting a final business plan with all deficiencies corrected, established in consultation with the supplier of water based on the type of the deficiencies needing to be corrected.

(f) If the department does not receive the final business plan by the established deadline and the supplier of water has not requested an extension, the department shall deem the business plan to have been withdrawn.

(g) The department shall approve the final business plan if the department determines that by implementing the plan, the PWS will achieve the purpose of these rules as stated in Env-Dw 601.01.

(h) The department shall notify the supplier of water of the plan’s approval or disapproval in writing. If the plan is not approved, the written notice shall specify the reason(s) therefor.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 602.04 Description of Technical Capacity

The description of the supplier of water’s technical capacity required by Env-Dw 602.03(a)(2) shall include:

(a) A general technical design description including all major water system components, including sources, treatment, storage, piping, number of service connections, estimated population to be served, and average and maximum daily domestic and exterior water uses;

(b) An asset inventory, ranked based on each component’s impact on system operations and a priority ranking for replacement; and

(c) A schedule of the useful life of all water system components, average life expectancies and current retail replacement costs, based on Table 602-1, below, unless the supplier of water provides an alternative schedule and justification:

Table 602-1: Anticipated Life Expectancies

Component

Anticipated Life Expectancy

Control building/Pump house

40 years

Aboveground Storage tanks

50 years

Underground storage tanks

30 years

Pumping and control equipment

10 years

Distribution system

50 years

Wells

25 years

Water treatment equipment

10 years

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 602.05 Description of Managerial Capacity

The description of the supplier of water’s managerial capacity required by Env-Dw 602.03(a)(3) shall include:

(a) Identification of the type of ownership of the proposed CWS or NTNC, including:

(1) The full legal name and business identification number as on file with the New Hampshire secretary of state; and

(2) A copy of the organizational rules of its management and rules governing the election of officers;

(b) An organizational schematic of the management of the CWS or NTNC, including:

(1) Responsible managerial officials, including the owner or system representative, board members, and the individual(s) in charge of:

a. Billing and debt collection, issuing consumer confidence reports and SDWA public notices, and similar customer interactions;

b. Water balance accounting; and

c. Financial recordkeeping;

(2) The certified primary operator responsible for achieving effective and reliable routine system operations, maintenance, meter reading, compliance sampling requirements, and other requirements established in Env-Dw 502; and

(3) All subcontracted services;

(c) For a proposed CWS, documentation that the proposed CWS holds or will hold a deed covenant for each property intended to be served by the CWS, that:

(1) Establishes associated allowances and the use restrictions related to the CWS, including:

a. A clear statement that the customer is liable for payment for water service and will be charged in accordance with the water conservation plan requirements established in Env-Wq 2101; and

b. A clear statement of any exterior or other water use restrictions contained in the department’s source approval under Env-Dw 300 or the water conservation plan approval under Env-Wq 2101, or otherwise required by the department’s approval of the CWS; and

(2) Has been reviewed by an attorney licensed in New Hampshire, who has certified that the deed covenant is legal and enforceable in the State of New Hampshire; and

(d) Written water system rules as required by Env-Dw 503.08.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 602.06 Description of Financial Capacity

The description of the financial capabilities of the supplier of water required by Env-Dw 602.03(a)(4) shall include:

(a) Final construction costs for all water system infrastructure and water source development, excluding costs attributable to land acquisition;

(b) A projection of the annual expenses of operating the PWS over a minimum 5-year planning horizon, using generally accepted accounting principles, including:

(1) The fee required by RSA 485:41, VIII for a permit to operate and other applicable state and federal taxes and fees;

(2) Depreciation;

(3) Annual debt repayment, including principal and interest or rate of return where applicable;

(4) Annual funding of an operation and maintenance account for general repair or replacement of existing facilities and for any new phases of development; and

(5) A list of water system operation and maintenance expenses including:

a. Electrical power;

b. Heating;

c. Water treatment chemicals;

d. Disposal costs for water treatment residuals;

e. Certified operator and other contracted staff;

f. Compliance and other water quality testing;

g. Meter calibration;

h. Leak detection surveys and repairs, and

i. Other operational costs; and

(1) Type of rate structure, for example, increasing block rate to encourage water conservation and, for a CWS, not less than quarterly billing frequency per Env-Wq 2101;

(2) Water use charges;

(3) Disconnect and activation charges;

(4) Hydrant and fire sprinkler charges;

(5) Late fees;

(6) Backflow prevention device permits and testing charges;

(7) Water service line insurance; and

(8) Other charges including interest, equipment rental fees, and inspection fees.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 602.07 Initial and Continuing Disclosure for CWS

(a) The supplier of water shall provide the business plan and projected rates and fees notice required by Env-Dw 602.06(c) to initial purchasers of the real estate intended to be served by the CWS.

(b) The supplier of water of a CWS shall provide notice in the annual consumer confidence report described in Env-Dw 811, or in an equivalent document, to all persons who own service connections to the CWS of:

(1) The availability of the business plan; and

(2) A schedule of prevailing water rates and other charges and fees.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

Part Env-Dw 603 Capacity Assurance for Existing Cws and Ntnc

N.H. Code Admin. R. Ann. Env-Dw 603.01 Applicability

The rules in this part shall apply to any CWS or NTNC, other than one owned by a political subdivision, that:

(a) Receives a notice under Env-Dw 603.02(a) that it has exceeded the deficiency rating as specified in Env-Dw 603.02(b); or

(b) Receives an order from the department under RSA 485:4 or RSA 485:58 to comply with these rules.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 603.02 Notice of Deficiencies; Rating Determination

(a) If the department identifies capacity assurance deficiencies at a CWS or a NTNC as a result of a sanitary survey, public complaint, repeated enforcement notices, or in any other way, the department shall notify the supplier of water of the capacity assurance deficiencies in writing.

(b) If the deficiency rating exceeds a total of 25 points as determined using Table 603-1, below, the supplier of water shall prepare a business plan and have the plan approved by the department pursuant to Env-Dw 603.03.

(c) The capacity assurance deficiency rating of the PWS shall be determined using the deficiency schedule shown below in Table 603-1:

Table 603-1: Deficiency Schedule for Capacity Assurance

Area, Deficiency

Deficiency Points

Inadequate source water capacity

Inadequate infrastructure (flooding, electrical, mechanical equipment), per deficiency

Significant deficiencies, per deficiency

Maximum Contaminant Levels, per violation

Lack of certified operator

Monitoring and reporting or Public Notice, per violation

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 603.03 Business Plan

The business plan shall meet the requirements of Env-Dw 602.03, with the following modifications:

(a) The technical capacity asset inventory required per Env-Dw 602.04(b) shall include an assessment of the equipment’s current condition, a ranking of the component’s impact on system operations, and priority ranking for replacement;

(b) The managerial capacity required per Env-Dw 602.05 shall include a water balance for the prior calendar year which compares the system input volume to the sum of metered billed usage and metered un-billed usage to establish losses; and

(c) The financial capacity required per Env-Dw 602.06(b) shall include past year actual, current, and projected year expenses.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 603.04 Submittal and Approval of Business Plan

(a) The supplier of water shall submit a business plan meeting the requirements of Env-Dw 603.03 to the department in writing:

(1) Within 90 days of receiving a notice of deficiencies pursuant to Env-Dw 603.02; or

(2) As specified in an administrative order issued pursuant to RSA 485:4 or RSA 485:58.

(b) The department shall review and comment on the plan as specified in Env-Dw 602.03(d) and (e).

(1) Correct the deficiencies so as to bring the PWS into compliance with the state SDWA; and

(2) Allow the PWS to provide effective and reliable water service to its customers.

(d) The department shall notify the supplier of water in writing within 30 days of receiving the final plan of the plan’s approval or disapproval. If the plan is not approved, the written notice shall specify the reason(s) therefor.

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

N.H. Code Admin. R. Ann. Env-Dw 603.05 Notice to the Public

The supplier of water shall provide annual notice as required by Env-Dw 602.07(b).

Appendix

Rule Section(s)

State and Federal Statute(s) Implemented

Env-Dw 600

RSA 485:3, XII, 42 U.S.C. §300g-9

History

(See Revision Notes #1 and #2 at chapter heading for Env-Dw 600) #11143, eff 7-26-16

Chapter Env-Dw 700 Water Quality: Standards, Monitoring, Treatment, Compliance, and Reporting

Part Env-Dw 701 Purpose and Applicability; Units of Measure; Definitions

N.H. Code Admin. R. Ann. Env-Dw 701.01 Chapter Purpose

The purpose of the rules in Env-Dw 700 is to establish the following requirements for public water systems (PWS) and privately owned redistribution systems (PORS) as stated in Env-Dw 1200:

(a) Drinking water quality standards, including maximum contaminant levels (MCLs), secondary maximum contaminant levels (SMCLs), and maximum contaminant level goals (MCLGs) for radiological, microbiological, organic, and inorganic contaminants, specified in Env-Dw 702 through Env-Dw 706;

(b) Laboratory analytical methods to assess drinking water quality, specified in Env-Dw 707;

(d) Monitoring, reporting, and compliance determination requirements for specified parameters, established in Env-Dw 709 through Env-Dw 713;

(e) Treatment requirements, including monitoring and reporting relative thereto, for the following:

(1) Corrosion control, specified in Env-Dw 714;

(2) Disinfection and disinfection by-products, specified in Env-Dw 715; and

(3) Filtration and disinfection, specified in Env-Dw 716;

(f) Requirements applicable to PWS using groundwater, specified in Env-Dw 717;

(g) Reporting and recordkeeping requirements, specified in Env-Dw 718 and Env-Dw 719;

(h) Requirements relative to sanitary surveys, other inspections, and assessments in response to triggers, specified in Env-Dw 720;

(i) Procedures and criteria for exemptions, specified in Env-Dw 721;

(j) Treatment techniques and requirements, including best available treatment for various parameters, specified in Env-Dw 722; and

(k) Requirements relative to point-of-use and point-of-entry treatment, and the provision of bottled water, specified in Env-Dw 723.

History

#9699, eff 5-1-10; amd by #10617, eff 6-1-14; amd by #10771, eff 2-1-15; ss by #12664, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 701.02 Applicability

(a) Unless otherwise specified, the rules in Env-Dw 702 through Env-Dw 706 shall apply to all water provided by a public water system, as defined in RSA 485:1-a, XV, or a privately-owned redistribution system, as defined in RSA 485:1-a, XIV-a.

(b) The remaining rules in Env-Dw 700 shall apply as specified therein.

History

#9699, eff 5-1-10; ss by #12664, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 701.03 Units of Measure for

Maximum Contaminant Levels (MCLs) and Maximum Contaminant Level Goals (MCLGs). The units of measure for MCLs and MCLGs shall be as follows:

(a) Picocuries per liter, abbreviated as pCi/L;

(b) Milligrams per liter, abbreviated as mg/L;

(d) Nanograms per liter, abbreviated as ng/L;

(e) Millirem per year, abbreviated as mrem/year; and

(f) Fibers per liter, abbreviated as fibers/L.

History

#9699, eff 5-1-10; ss by #12664, eff 1-1-19; amd by #12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 701.04 Definitions Based on Federal Regulations

(a) The following terms used in this chapter shall be as defined in 40 CFR §141.2, reprinted in Appendix B:

(1) “Compliance cycle”;

(2) “Compliance period”;

(3) “Corrosion inhibitor”;

(4) “Domestic or other non-distribution system plumbing problem”;

(5) “Dose equivalent”;

(6) “Initial compliance period”;

(7) “Lead service line”;

(8) “Level 1 assessment”;

(9) “Level 2 assessment”;

(10) “Man-made beta particle and photon emitters”;

(11) “Near the first service connection”;

(12) “Point-of-entry treatment device”;

(13) “Point-of-use treatment device”;

(14) “Repeat compliance period”;

(15) “Residual disinfectant concentration”; and

(16) “Too numerous to count (TNTC)”.

(b) Where 40 CFR 141 provisions are adopted by reference in this part, terms used in such provisions shall be as defined in 40 CFR 141.2, unless otherwise defined in this part.

History

#10617, eff 6-1-14; ss by #12664, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 701.05 Chapter-Specific Definitions

(a) “Clean compliance history” means a record, over the prior 12 months, of:

(1) No MCL violations under Env-Dw 702;

(2) No monitoring violations under Env-Dw 707 through Env-Dw 717, Env-Dw 719, and Env-Dw 723;

(3) No coliform treatment technique trigger exceedances or treatment techniques violations under 40 CFR 141 Subpart Y, §§851-861;

(4) No violations of the lead and copper requirements specified in Env-Dw 714;

(5) No violations of public notification requirements specified in Env-Dw 800; and

(6) As applicable, no violations of the:

a. Permit to operate requirements specified in Env-Dw 501;

b. Certified operator requirements specified in Env-Dw 502;

c. Public water system general operational requirements specified in Env-Dw 503; and

d. Public water system maintenance requirements specified in Env-Dw 504.

(b) “Systems” means all public water systems, including community water systems, non-transient non-community water systems, transient non-community water systems, and privately-owned redistribution systems.

History

#10617, eff 6-1-14; ss by #12420, eff 11-18-17; ss by #12664, eff 1-1-19

Part Env-Dw 702 MICROBIOLOGICAL MCLs AND MCLGs

N.H. Code Admin. R. Ann. Env-Dw 702.01 Applicability of Microbiological MCLs and MCLGs

The microbiological MCLs and MCLGs shall apply to all systems as defined in Env-Dw 701.05.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 702.02 Determination of Compliance with Microbiological MCLs and MCLGs

(a) Each O/O shall monitor for microbiological contaminants as specified in Env-Dw 707, Env‑Dw 708, and Env-Dw 709.

(b) Any of the following shall constitute an exceedance of the Escherichia coli (E. coli) MCL:

(1) The system has an E. coli-positive repeat sample following a total coliforms-positive routine sample;

(2) The system has an E. coli-positive or total coliforms-positive repeat sample following an E. coli‑positive routine sample;

(3) The system fails to take all required repeat samples following an E. coli-positive routine sample; or

(4) The system fails to test for E. coli when any repeat sample tests positive for total coliform.

(c) Upon completing all monitoring required for each sampling period, an O/O shall determine compliance with the E. coli MCL and the microbiological MCLGs and whether any coliform triggers have been exceeded, as specified in Env-Dw 707, Env-Dw 708, and Env-Dw 709.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 702.03 MCLs and MCLGs for Microbiological Contaminants

MCLs and MCLGs for microbiological contaminants shall be as stated in Table 702-1, below:

Table 702-1: Microbiological MCLs and MCLGs

Microbiological Contaminant

MCL

MCLG

Cryptosporidium

None established

Zero

E. coli

See 702.02(b)

Zero

Giardia Lamblia

None established

Zero

Legionella

None established

Zero

Viruses

None established

Zero

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

Part Env-Dw 703 RADIONUCLIDE CONTAMINANT MCLs AND MCLGs

N.H. Code Admin. R. Ann. Env-Dw 703.01 MCLs and MCLGs for Radionuclide Contaminants

(a) For a community water system, the MCLs and MCLGs for radionuclide contaminants shall be as stated in Table 703-1, below:

Table 703-1: MCLs and MCLGs for Radionuclide Contaminants

Radionuclide Contaminant

MCL

MCLG

Compliance Gross Alpha

15 pCi/L

0 pCi/L

Radium 226 + 228

5 pCi/L

0 pCi/L

Uranium

30 μg/L

0 μg/L

Beta Particle and Photon Radioactivity

4 mrem/year

0 mrem/year

(b) Compliance with radionuclide contaminant MCLs shall be:

(1) Calculated as specified in Env-Dw 710; and

(2) Based on the monitoring as specified in Env-Dw 707, Env-Dw 708, and Env-Dw 710.

(c) The combined radium-226 and radium-228 value shall be determined by the addition of the results of the analysis for radium-226 and the analysis for radium-228, provided both analyses are performed on samples collected on the same day.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19; ss by #12819, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 703.02 Radon Testing for New Water Supply Sources

(a) Analysis for radon shall only be required as part of the approval process for new community or non-transient non-community water supply sources or a new source at an existing community or non-transient non-community water system pursuant to applicable provisions of Env-Dw 302, Env-Dw 305, Env-Dw 405, and Env-Dw 406.

(b) If the local legislative body of a political subdivision that is developing a new public water system or a new well for an existing public water system does not vote to approve funding for the radon test and the test is not fully funded by the state, the department shall not require the test to be performed by that political subdivision for that system or well.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19; ss by #12819, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 703.03 Beta Particle and Photon Radioactivity from Man-Made Sources

(a) The average annual concentration of beta particle and photon radioactivity from man-made radionuclides in drinking water provided by a community water system shall not produce an annual dose equivalent to the total body or any internal organ greater than 4 mrem/year.

(b) In accordance with 40 CFR 141.66(d)(2) except for the radionuclides listed in Table 703-2, below, the concentration of man-made radionuclides causing 4 millirem total body organ dose equivalents shall be calculated on the basis of an intake of 2 liters of drinking water per day using 168 hour data as listed in “Maximum Permissible Body Burdens and Maximum Permissible Concentrations of Radionuclides in Air and in Water for Occupational Exposure,” National Bureau of Standards Handbook 69 as amended August 1963, U.S. Department of Commerce.

(c) If 2 or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed 4 mrem/year.

(d) The average annual concentrations assumed to produce a total body or organ dose of 4 mrem/year shall be as specified in Table 703-2, below:

Table 703-2: Average Annual Concentrations Assumed to

Produce a Total Body or Organ Dose of 4 mrem/year

Radionuclide

Critical Organ

Average Annual Concentration (pCi/L)

Tritium

Total Body

20,000

Strontium 90

Bone Marrow

(e) Compliance shall be determined in accordance with Env-Dw 707, Env-Dw 708, and Env-Dw 710.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19; ss by #12819, eff 6-28-19

Part Env-Dw 704 REGULATED INORGANIC CHEMICAL CONTAMINANT MCLs AND MCLGs

N.H. Code Admin. R. Ann. Env-Dw 704.01 Applicability of MCLs and MCLGs for Health-Related Regulated Inorganic Chemical (IOC) Contaminants

(a) Except as provided in (b) and (c), below, the MCLs and MCLGs for the health-related regulated inorganic chemical (IOC) contaminants specified in Env-Dw 704.02 shall apply to community water systems and non-transient non-community water systems.

(b) The MCLs and MCLGs for nitrate and nitrite specified in Env-Dw 704.02 shall apply to community water systems, non-transient non-community water systems, and transient non-community water systems.

(c) The MCL and MCLG for fluoride shall apply to all community water systems and only those non-transient non-community water systems that serve day care centers or schools with children under 9 years of age.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 704.02 MCLs and MCLGs for Health-Related Regulated IOC Contaminants

The MCLs and MCLGs for health-related regulated IOC contaminants shall be as listed in Table 704-1, below:

Table 704-1: IOC MCLs and MCLGs

IOC Contaminant

MCL

(mg/L unless otherwise specified)

MCLG

(mg/L unless otherwise specified)

Antimony

0.006

Arsenic through June 30, 2021

0.010

Zero

Arsenic as of July 1, 2021

0.0050

Zero

Asbestos

7 million fibers/L (longer than 10 μm)

Barium

Beryllium

0.004

Cadmium

0.005

Chromium

0.1

Copper

See Env-Dw 704.03

1.3

Cyanide (as free Cyanide)

0.2

Fluoride (also see Env‑Dw 706)

4.0

Lead

See Env-Dw 704.03

Zero

Mercury

0.002

Nitrate (as N)

Nitrite (as N)

Total Nitrate + Nitrite

Selenium

0.05

Thallium

0.002

0.0005

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19; ss by #13044, eff 5-28-20

N.H. Code Admin. R. Ann. Env-Dw 704.03 Lead and Copper

The concentrations of lead and copper in drinking water shall be regulated as specified in Env-Dw 714.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

Part Env-Dw 705 REGULATED ORGANIC CHEMICAL CONTAMINANT MCLs AND MCLGs

N.H. Code Admin. R. Ann. Env-Dw 705.01 MCLs and MCLGs for Health-Related Regulated Volatile Organic Chemical (VOC) Contaminants

(a) The MCLs and MCLGs for the health-related regulated volatile organic chemical (VOC) contaminants specified in (b), below, shall apply to each community water system and each non-transient non-community water system that has not requested and received a waiver as provided in Env-Dw 712.19.

(b) The MCLs and MCLGs for health-related regulated VOC contaminants shall be as stated in Table 705-1, below:

Table 705-1: VOC MCLs and MCLGs

VOC Contaminant

MCL (mg/L)

MCLG (mg/L)

Benzene

0.005

Zero

Carbon tetrachloride

0.005

Zero

o-Dichlorobenzene (1,2-Dichlorobenzene)

0.6

para-Dichlorobenzene (1,4-Dichlorobenzene)

0.075

1,2-Dichloroethane

0.005

Zero

1,1-Dichloroethylene

0.007

cis-1,2-Dichloroethylene

0.07

trans-1,2-Dichloroethylene

0.1

Dichloromethane (Methylene chloride)

0.005

Zero

1,2-Dichloropropane

0.005

Zero

Ethylbenzene

0.7

Methyl tertiary-butyl ether (MtBE)

0.013

Monochlorobenzene (chlorobenzene)

0.1

Styrene

0.1

Tetrachloroethylene

0.005

Zero

Toluene

1,2,4- Trichlorobenzene

0.07

1,1,1-Trichloroethane

0.2

0.20

1,1,2-Trichloroethane

0.005

0.003

Trichloroethylene

0.005

Zero

Vinyl chloride

0.002

Zero

Xylene, Total

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 705.02 MCLs and MCLGs for Health-Related Regulated Synthetic Organic Chemical (SOC) Contaminants

(a) The MCLs and MCLGs for the health-related regulated synthetic organic chemical (SOC) contaminants specified in (b), below, shall apply to any community water system or non-transient non-community water system that has not requested and received a waiver as provided in Env-Dw 712.19.

(b) Subject to (c), below, the MCLs and MCLGs for SOC contaminants shall be as stated in Table 705-2, below:

Table 705-2: SOC Contaminant MCLs and MCLGs

SOC Contaminant

MCL (mg/L)

MCLG (mg/L)

Alachlor (Lasso)

0.002

Zero

Aldicarb (Temik)

0.003

0.001

Aldicarb sulfoxide

0.004

0.001

Aldicarb sulfone (aldoxycarb)

0.002

0.001

Atrazine (Atranex, Crisazine)

0.003

Carbofuran (Furadon, 4F)

0.04

Chlordane

0.002

Zero

Dalapon

0.2

Dibromochloropropane (DBCP)

0.0002

Zero

Di(2-ethylhexyl)adipate

0.4

Di(2-ethylhexyl)phthalate

0.006

Zero

Dinoseb

0.007

Diquat

0.02

Endothall

0.1

Endrin

0.002

Ethylene Dibromide (EDB)

0.00005

Zero

Glyphosate

0.7

Heptachlor

0.0004

Zero

Heptachlor Epoxide

0.0002

Zero

Hexachlorobenzene

0.001

Zero

Hexachlorocyclopentadiene

0.05

Lindane

0.0002

Methoxychlor (DMDT, Martate)

0.04

Oxamyl (Vydate)

0.2

PAH -

Benzo(a)pyrene

0.0002

Zero

Picloram

0.5

Polychlorinated Biphenyls (PCB)

0.0005

Zero

Pentachlorophenol

0.001

Zero

Simazine

0.004

Toxaphene

0.003

Zero

2,3,7,8 TCDD (Dioxin)

0.00000003

Zero

2,4,5 TP (Silvex)

0.05

2,4 D

0.07

(c) Analysis for the following contaminants shall be required only as part of the initial pumping test and water quality sampling program required by Env-Dw 302, Env-Dw 305, Env-Dw 404, or Env-Dw 406, as applicable, based on the identification of a potential source of one or more of the contaminants in the preliminary contamination source inventory completed pursuant to Env-Dw 302.12, Env-Dw 305.12, Env-Dw 404.01, or Env-Dw 406.14, as applicable:

(1) Polychlorinated biphenyls (PCB);

(2) Dalapon;

(3) Endothall; and

(4) 2,3,7,8 TCCD (Dioxin).

(d) Monitoring and compliance for SOC contaminants shall be as specified in Env-Dw 707, Env-Dw 708, and Env-Dw 712.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 705.03 MCLs and MCLGs for Health-Related Disinfection Byproducts

(a) The MCLs and MCLGs for the health-related disinfection byproducts specified in (c) and (d), below, respectively, shall apply to each community water system, non-transient non-community water system, and transient non-community water system at which any chemical disinfectant is added to the water in any part of the drinking water treatment process.

(b) Monitoring for disinfectant byproducts shall be as specified in Env-Dw 715.

Table 705-3: Disinfection Byproducts

Contaminant

MCL (mg/L)

Total trihalomethanes (TTHM)

0.080

Haloacetic acids (five) (HAA5)

0.060

Bromate

0.010

Chlorite

1.0

(d) The MCLGs for disinfection byproducts shall be as specified in Table 705-4, below:

Table 705-4: MCLGs for Disinfection Byproducts

Contaminant

MCLG (mg/L)

Bromodichloromethane

Bromoform

Bromate

Chlorite

0.8

Chloroform

0.07

Dibromochloromethane

0.06

Dichloroacetic Acid

Monochloroacetic Acid

0.07

Trichloroacetic Acid

0.02

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 705.04 Health-Related Regulated Residual Disinfectants

(a) The maximum residual disinfection levels (MRDLs) specified in (c), below, shall apply to each community water system and non-transient non-community water system at which any chemical disinfectant is added to the water in any part of the drinking water treatment process.

(b) The chlorine dioxide MRDL specified in (c), below, shall apply to each public water system at which chlorine dioxide is used as a disinfectant or oxidant.

(c) The MRDLs and maximum residual disinfection level goals (MRDLGs) for disinfectant residuals shall be as specified in Table 705-5 below:

Table 705-5: MRDLs and MRDLGs

Contaminant

MRDL (mg/L)

MRDLG (mg/L)

Chlorine, as Cl₂

4.0

Chloramines, as Cl₂

4.0

Chlorine Dioxide, as ClO₂

0.8

(d) Monitoring and compliance for residual disinfectants shall be as specified in Env-Dw 715.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 705.05 Special Treatment Chemicals

(a) The MCLs and MCLGs for the treatment chemicals specified in (b), below, shall apply to community water systems and non-transient non-community water systems.

(b) The MCLs and MCLGs for treatment chemicals shall be as specified in Table 705-6, below:

Table 705-6: MCLs and MCLGs for Certain Treatment Chemicals

Contaminant

MCL

MCLG

Acrylamide

0.05% dose at 1 mg/L

Zero

Epichlorohydrin

0.01% dose at 20 mg/L

Zero

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 705.06 MCLs and MCLGs for Per- and Polyfluoroalkyl Substances (PFAS) Contaminants

(a) The MCLs and MCLGs for the per- and polyfluoroalkyl substances contaminants specified in (b), below, shall apply to community water systems and non-transient non-community water systems.

(b) The MCLs and MCLGs for PFAS contaminants shall be as specified in Table 705-7, below:

Table 705-7: PFAS Contaminant MCLs and MCLGs

PFAS Contaminant

MCL (mg/L)

MCLG (mg/L)

Perfluorohexane sulfonic acid (PFHxS)

0.000018

Perfluorononanoic acid (PFNA)

0.000011

Perfluorooctane sulfonic acid (PFOS)

0.000015

Perfluorooctanoic acid (PFOA)

0.000012

History

#12838, eff 9-30-19

Part Env-Dw 706 REGULATED SECONDARY CONTAMINANT MCLs (SMCLs)

N.H. Code Admin. R. Ann. Env-Dw 706.01 Regulated Secondary Contaminants SMCLs

(a) This part shall apply to contaminants in drinking water at concentrations that primarily affect aesthetic qualities relating to the public acceptance of drinking water, known as secondary contaminants. At considerably higher concentrations of secondary contaminants, health implications may also exist.

(b) Subject to (c), below, the SMCLs for community water systems and non-transient non-community water systems shall be as stated in Table 706-1, below:

Table 706-1: Secondary Maximum Contaminant Levels

Contaminant

SMCL

Aluminum

0.05 - 0.2 mg/L

Chloride

250 mg/L

Color

15 color units

Copper

1.0 mg/L

Corrosivity

Non-corrosive

Fluoride

2.0 mg/L

Foaming Agents

0.5 mg/L

Iron

0.3 mg/L

Manganese

0.05 mg/L

Methyl tertiary-butyl ether (MtBE)

0.020 mg/L

Odor

3 threshold odor number

6.5 - 8.5

Silver

0.1 mg/L

Sodium

250 mg/L

Sulfate

250 mg/L

Sulfide

0.05 mg/L

Total Dissolved Solids (TDS)

500 mg/L

Zinc

5 mg/L

(c) For aluminum, the SMCL based on color considerations shall be 0.05 mg/L and the SMCL based on treatment process considerations shall be 0.2 mg/L.

History

#9699, eff 5-1-10; ss by #12665, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 706.02 Monitoring for Aesthetic-Related Regulated Contaminants

(a) Monitoring for regulated secondary contaminants shall be as specified in Env-Dw 707, Env-Dw 708, and the applicable provision(s) of Env-Dw 711, Env-Dw 712, Env-Dw 713, and Env-Dw 714.

(b) Subject to (c), below, monitoring for the factors listed below shall be waived after initial testing required pursuant to Env-Dw 302, Env-Dw 305, or Env-Dw 406, as applicable:

(1) Aluminum;

(2) Color;

(3) Corrosivity;

(4) Foaming agents;

(5) Odor;

(6) Silver;

(7) Sulfide; and

(8) TDS.

(1) Exceedances of the SMCLs in any of its active water supply sources; or

(2) Customer complaints attributable to these factors.

History

#9699, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12665, eff 1-1-19

Part Env-Dw 707 General Monitoring Requirements; Laboratory Analytical Methods

N.H. Code Admin. R. Ann. Env-Dw 707.01 Purpose

The purpose of this part is to establish generally-applicable requirements for monitoring by public water systems (PWS) and privately owned redistribution systems (PORS), collectively “systems”, including sampling and analysis, reporting, and compliance with water quality standards.

History

#9700, eff 5-1-10; ss by #12666, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 707.02 Adjustments to Monitoring Requirements

(a) The department shall require more frequent monitoring than that specified in Env-Dw 708 through Env-Dw 713 if the department determines that additional monitoring is necessary to confirm that a water source is capable of consistently producing an adequate supply of water that meets drinking water quality standards, because:

(1) The data submitted for any given parameter is inconsistent with the preponderance of data elements submitted for that water source for the same parameter;

(2) The data submitted for the water source exhibits constituents from known or unknown sources of contamination;

(3) Potential or known sources of contamination are located in the source water protection area of the water source;

(4) Treatment installed to treat water that exceeds an MCL has not consistently met design standards; or

(5) The data submitted after treatment indicates inconsistent contaminant removal is occurring.

(b) If sample results indicate the presence of contaminants for which MCLs are not listed in Env-Dw 702 through Env-Dw 706 but which are included in the ambient groundwater quality standards (AGQS) specified in Env-Or 603.03, the system shall comply with the AGQS specified in Env-Or 603.03.

(c) The department shall review the monitoring requirements during each inspection or sanitary survey to determine whether the sampling point(s) and frequency meet all monitoring requirements. If the sampling point(s) and frequency do not meet all monitoring requirements, the department shall adjust the sampling point(s) and frequency to meet them.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12666, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 707.03 Monitoring of Consecutive Public Water Systems

(a) Subject to (b), below, if a PWS supplies water to one or more other PWS or to a PORS, the department shall eliminate the requirements imposed on the consecutive systems by Env-Dw 710 through Env-Dw 713.

(b) Each consecutive system shall monitor for bacterial contaminants as specified in Env-Dw 709 and for corrosion control parameters as specified in Env-Dw 714, in accordance with the schedule issued by the department pursuant to Env-Dw 708.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12666, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 707.04 Validity of Laboratory Results

(a) The department shall not use sampling or laboratory results if the department determines that the data is:

(1) From an obvious sampling or laboratory error from known errors in collection, processing, or transcription;

(2) A technical impossibility;

(3) Inconsistent with the preponderance of data elements for the same parameter from the same source or system; or

(4) From a laboratory not accredited in accordance with Env-C 300 when such accreditation is required for the particular analysis.

(b) Unless otherwise noted, any result that is below the detection limit of a test method approved for use pursuant to Env-Dw 707.07 shall be calculated as zero for the purpose of determining compliance.

(c) All chemical concentration data submitted to the department for compliance purposes shall be reported in the same units used for the specified MCL, MCLG, SMCL, or MRDL, as applicable.

(d) If sample results are not acceptable based on the criteria in (a), above, the O/O shall collect a replacement sample within 7 days of notification.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12666, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 707.05 Additional Sampling

The department shall require additional samples to be collected for:

(a) Any samples exceeding the applicable MCL, SMCL, or MRDL specified in Env-Dw 702 through Env-Dw 706; and

(b) Any samples for which the results are invalid as specified in Env-Dw 707.04(a).

History

#9700, eff 5-1-10; ss by #12666, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 707.06 Sample Analysis Methods; Sample Collection Protocol; Approval of Alternative Methods

(a) Acceptable laboratory methods, detection limits, and sample collection protocols shall be those specified in 40 CFR 141, 142, or 143, as applicable.

(b) The O/O of a PWS having its own laboratory or the O/O of a laboratory used by one or more PWS who wishes to use a method other than one specified in (a), above, shall obtain written permission from the department as specified in (c) through (e), below, prior to using any alternative method.

(c) The O/O shall submit a request to use an alternative method in writing to the program manager of the NH environmental laboratory accreditation program (NH ELAP) at the address specified in Env-C 303.01(a).

(d) The request shall include all relevant information, including:

(1) The reason(s) for requesting approval of the alternate method; and

(2) Analytical data demonstrating the precision and accuracy of the alternative method as it relates to the determination of compliance with the applicable standard.

(e) An alternative method shall be approved only if the NH ELAP program manager with the concurrence of the administrator of the U.S. EPA determines that the method is equivalent to or better than the prescribed test in both precision and accuracy as it relates to the determination of compliance with the applicable standard.

(f) The use of an alternative analytical technique shall not decrease the frequency of monitoring required by this chapter.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12666, eff 1-1-19; amd by#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 707.07 Accredited Laboratory Required

(a) Subject to (c) and (d), below, compliance determinations for the contaminant categories listed in (b), below, shall be based on data provided by a laboratory accredited pursuant to Env-C 300 for the test being conducted.

(b) The contaminant categories covered by (a), above, shall be as follows:

(1) Microbiological, as specified in Env-Dw 702;

(2) Radiological, as specified in Env-Dw 703;

(3) Inorganics, as specified in Env-Dw 704;

(4) Organics, as specified in Env-Dw 705;

(5) Secondaries, as specified in Env-Dw 706;

(6) Lead and copper, as specified in Env-Dw 714;

(7) Disinfection residuals, byproducts, and byproduct precursors, as specified in Env-Dw 715;

(8) Filtration, disinfection, and waste recycling, as specified in Env-Dw 716; and

(9) Groundwater monitoring, as specified in Env-Dw 717.

(c) Samples for turbidity, chlorine residual, temperature, and pH may be performed by any individual qualified to perform the test.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12666, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 707.08 Additional Sampling by Department

Nothing in this chapter shall be construed to preclude the department, or any duly designated representative of the department, from:

(a) Collecting samples; or

(b) Using the results from such samples to determine compliance by a system with the applicable requirements of this chapter.

History

#9700, eff 5-1-10; ss by #12666, eff 1-1-19

Part Env-Dw 708 Sampling Schedules

N.H. Code Admin. R. Ann. Env-Dw 708.01 Establishment and Modification of Sampling Schedules

(a) The department shall provide each O/O with a sampling schedule in writing upon being notified by the O/O that it has commenced delivering water to customers.

(b) The sampling schedule shall identify the parameters to be tested, the points at which samples are to be collected, and the frequency of sampling for that particular system, consistent with those specified in Env-Dw 708.02 through Env-Dw 708.03.

(1) The size and type of system for which the sampling schedule is prepared;

(2) The concentration of the parameter;

(3) The variability of the parameter; and

(4) The reliability of the treatment process.

(d) The department shall notify each O/O in writing of any modification(s) to the sampling schedule established pursuant to this section that are required based on a change in federal requirements adopted by the state, the concentration of regulated parameters, new well or blend of well(s), new treatment, new potential sources of contamination found in the protective radius of the well(s), or other issues such as those identified based on an inspection.

(e) If an O/O wishes to modify the sampling schedule established for the system, the O/O shall proceed in accordance with:

(1) Env-Dw 708.04, for changes to sampling points;

(2) Env-Dw 708.11, for reductions in monitoring for sources not used as potable water;

(3) Env-Dw 709, for modifications to bacteria monitoring;

(4) Env-Dw 710.06, for modifications to radionuclide monitoring;

(5) Env-Dw 711.05, for modifications to inorganic chemical monitoring;

(6) Env-Dw 712.05, for modifications to volatile organic chemical monitoring; and

(7) Env-Dw 712.12, for modifications to synthetic organic chemical monitoring.

History

#9700, eff 5-1-10; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.02 Monitoring Within a Compliance Period

(a) Each O/O shall monitor for each parameter within each compliance period designated for that parameter in accordance with the system’s sampling schedule established pursuant to Env-Dw 708.01.

(b) Subject to (c), and (d), below, if an O/O fails to submit a sample during the assigned monitoring period, the O/O shall submit the sample as soon as the O/O discovers the failure or upon being notified of the failure by the department, whichever is earlier.

(c) If an O/O fails to submit an investigative monitoring E. coli source sample as required by Env-Dw 717, the O/O shall collect a sample the month after completion of the required monthly sampling.

(d) No make-up sample shall be required if an O/O fails to collect a routine total coliforms sample as required by Env-Dw 709.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.03 Monitoring for Ground and Surface Water Systems

Unless otherwise noted, an O/O using a combination of groundwater and surface water shall monitor as if the source is a surface water supply.

History

#9700, eff 5-1-10; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.04 PWS Request for Changes to Sampling Points

(a) The O/O shall collect the required sample(s) at each sampling point designated in the sampling schedule.

(b) If an O/O believes that a sampling point designated in the sampling schedule is not representative of the water being distributed to persons served by the system, the O/O shall submit a written request to the department for a change to the sampling point for the affected parameter(s).

(1) The name of the system;

(2) The PWS identifier for the system;

(3) Each existing sampling point and each proposed sampling point;

(4) Whether the change is proposed for all parameters or less than all parameters and, if less than all, each specific parameter for which the change is being requested; and

(5) An explanation of the reason for the request.

(d) The department shall approve a new sampling point if the department determines that:

(1) The proposed sampling point is at least as representative of the water being distributed to persons served by the system as the existing sampling point(s);

(2) Changing the sampling point(s) in accordance with the request will provide an operational benefit to the system; and

(3) The new sampling point(s) will be in compliance with all federal requirements.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.05 Types of Samples Collected

(a) Composite samples shall not be allowed; rather, an O/O shall collect one discrete sample from each sampling point.

(b) If a PWS draws water from more than one source and the sources are combined before distribution, a sample of the combined or blended water shall be taken, if specified in the sampling schedule, to satisfy that system’s chemical monitoring requirements as specified in Env-Dw 707 and Env-Dw 710 through Env-Dw 713.

(1) The sources are combined before entry to the distribution system;

(2) Where there are multiple sources, the sources are operated simultaneously or automatically alternated between pump operating cycles; and

(3) The sample is collected at the entry point to the distribution system.

(d) If a PWS draws water from more than one source and the sources are not combined before distribution, a sample of each source shall be taken, as specified in the sampling schedule, to satisfy that system’s chemical monitoring requirements as specified in Env-Dw 707, Env-Dw 708, and Env-Dw 710 through Env-Dw 713.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.06 Separate Sampling Taps

(a) Each source shall have a separate sampling tap except where conditions, such as vacuum manifold, prevent such tap installation.

(b) Where treatment is in use, separate sampling taps shall be installed prior to and after treatment.

History

#9700, eff 5-1-10; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.07 Averaging Results

If a confirmation sample is collected for any parameter, the results of the initial and confirmation sample shall be averaged to determine compliance unless otherwise specified in the parameter-specific section.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.08 Completion of Monitoring

The monitoring requirements for a system shall not be complete until all required sample(s) have been collected and analyzed, and the results received by the department, in accordance with all applicable monitoring and reporting requirements specified in subtitle Env-Dw.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.09 Public Notice of Non-Compliance

(a) Subject to (b), below, the O/O shall provide public notice as required by Env-Dw 800 if any violation occurs of any applicable MCL, MRDL, monitoring requirement, treatment technique established in RSA 485 or Env-Dw 700, or reporting or recordkeeping requirement specified in Env-Dw 709, Env-Dw 720.14(b), or Env-Dw 720.16(b).

(b) If a system has a distribution system with portions that are hydraulically separate from other parts of the distribution system, the O/O may request approval from the department pursuant to Env-Dw 801 to limit the public notice to users of only that part of the system in which the applicable standard is exceeded.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.10 Collection of Additional Samples by the PWS O/O

(a) An O/O may collect more samples than the minimum required and submit the analytical results to the department.

(b) Subject to (c), below, in order for sample results submitted pursuant to (a), above, to be used for compliance calculations, the samples shall be uniformly distributed over the appropriate monitoring interval, sampling points, and sources, or the data shall otherwise be representative of the water being consumed.

(c) An O/O may collect more than the minimum number of required routine samples and include the results in calculating whether the coliform trigger has been exceeded only if the samples are taken in accordance with the existing sampling schedule and are representative of water throughout the distribution system.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.11 Removing a Source; Reducing Monitoring Responsibility

(a) Subject to (b), below, an O/O shall comply with all monitoring requirements for a source unless and until:

(1) The source is physically disconnected from the distribution system piping by removing at least 12 inches of piping and capping both cut ends of the remaining pipe; and

(2) The O/O has notified the department in writing that the source has been disconnected.

(b) A water system designed or intended as a public water system, where there are fewer than 15 service connections and fewer than 25 people being served, shall be subject to the minimum monitoring requirements in Env-Dw 708.12.

(c) To reduce the frequency and extent of monitoring requirements when a source has not been removed as provided in (a), above, but is not used for human consumption due to the inability of the source to meet the chemical standards specified in Env-Dw 701-706, the following conditions shall be met:

(1) The source for which decreased monitoring is requested shall be clearly designated and labeled for non-potable use;

(2) The O/O shall comply with the minimum monitoring requirements in Env-Dw 708.12;

(3) The O/O shall provide potable water from an alternative source; and

(4) If the potable water being provided is bottled water, the bottled water shall be produced by a facility that is licensed under:

a. RSA 143 and He-P 2100 or successor rules, if produced in New Hampshire; or

b. Applicable governmental authority if produced in another state or country.

(d) To reactivate a source, all applicable monitoring requirements specified in Env-Dw 707 through Env-Dw 713 shall be completed prior to distributing any water from the source as potable water.

History

#9700, eff 5-1-10; ss by #12667, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 708.12 Minimum Monitoring Requirements

Minimum monitoring shall consist of:

(a) Quarterly bacteriological analysis in accordance with Env-Dw 709;

(b) Annual nitrate analysis in accordance with Env-Dw 711.18 through Env-Dw 711.23; and

History

#9700, eff 5-1-10; ss by #12667, eff 1-1-19

Part Env-Dw 709 Monitoring for Microbiological Contaminants

N.H. Code Admin. R. Ann. Env-Dw 709.01 Applicability

(a) The rules in this part shall apply to all public water systems (PWSs), including community water systems (CWSs) and non-community water systems (NCWSs), whether transient NCWS or non-transient NCWS, and whether seasonal or non-seasonal systems.

(b) Subject to (c) below, each PWS owner shall monitor in accordance with Env-Dw 708 unless any of the conditions specified in Env-Dw 709 that trigger additional sampling requirements are met.

(c) The owner of a seasonal system shall conduct monthly sampling each month that the system serves water to the public, subject to (d) below.

(d) The owner of a seasonal system where the entire distribution system remains pressurized during the entire period that the system is not serving water to the public shall monitor for total coliforms in accordance with the monitoring requirements for a non-seasonal NCWS specified in Env-Dw 709.08 and Env-Dw 709.09.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.02 Location for Collection of Bacterial Samples

(a) Subject to (d) and (e) below, a PWS owner shall collect total coliform samples at the sampling points specified in the sampling schedule established pursuant to Env-Dw 708.01, which have been selected to be representative of water throughout the distribution system such as a customer’s premises or dedicated sampling station.

(b) If the PWS owner wishes to collect total coliform samples at alternate points, the owner shall seek approval of the proposed sampling points as specified in Env-Dw 708.04.

(c) If the department determines that the sampling points for total coliforms are not representative of water throughout the distribution system, the PWS owner shall not collect total coliform samples until the department revises the sampling schedule to identify new sampling points.

(d) Repeat total coliform samples required by Env-Dw 709.15 shall be collected at the locations specified in that section.

(e) The additional routine total coliform samples required by Env-Dw 709.17 shall be collected at the locations specified in that section.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.03 Collection of Bacteria Samples

(a) The owner of a PWS that serves greater than 4,900 persons shall collect total coliform samples on at least 2 separate occasions at least 5 days apart throughout the sampling month.

(b) Each group of total coliform samples collected pursuant to (a) above shall contain as close to the same number of samples as possible.

(c) Subject to (d) below, the owner of a PWS that uses only groundwater not under the direct influence of surface water, as defined in Env-Dw 100, and serves 4,900 persons or fewer shall only collect all required samples on a single day if the samples are obtained at different sampling points.

(d) For purposes of (c) above, multiple samples shall only be taken from a sample site if the PWS has fewer sampling sites than the number of samples to be collected and at least one sample is collected from each sample site.

(e) The PWS owner shall collect not less than the minimum number of required samples even if the system has had an Escherichia coli (E.coli) maximum contaminant level (MCL) violation as described in Env-Dw 702.02 or has exceeded the coliform assessments triggers in Env-Dw 709.22.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.04 General System Evaluation Bacteria Samples

Any general system evaluation total coliform sample collected to investigate potential problems in the distribution system, such as those taken to determine whether disinfection practices are sufficient following pipe placement, replacement, or repair, shall be used to determine compliance if the sample:

(a) Is representative of water being supplied to consumers; and

(b) Is positive for E. coli bacteria.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.05 Frequency of Standard Monitoring for Total Coliforms for Community Water Systems

(a) Subject to (b) below, and Env-Dw 709.06, the minimum number of total coliform samples taken per month by a CWS shall be based on the population served by the CWS, as specified in Table 709-1 below:

Table 709-1: Frequency of Standard Sampling for CWSs

Population Served

Lower Limit Upper Limit

Minimum number of samples per month

25 to 1,000

1,001 to 2,500

2,501 to 3,300

3,301 to 4,100

4,101 to 4,900

4,901 to 5,800

5,801 to 6,700

6,701 to 7,600

7,601 to 8,500

8,501 to 12,900

12,901 to 17,200

17,201 to 21,500

21,501 to 25,000

25,001 to 33,000

33,001 to 41,000

41,001 to 50,000

50,001 to 59,000

59,001 to 70,000

70,001 to 83,000

83,001 to 96,000

96,001 to 130,000

100

130,001 to 220,000

120

220,001 to 320,000

150

320,001 to 450,000

180

450,001 to 600,000

210

600,001 to 780,000

240

780,001 to 970,000

270

970,001 to 1,230,000

300

1,230,001 to 1,520,000

330

1,520,001 to 1,850,000

360

(b) The owner of a CWS for which the population varies seasonally, such as a community having a large influx of summer residents or a college community, shall average the daily population over each sampling period to determine the number of samples required in each sampling period.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.06 Reduction in Total Coliform Monitoring for Community Water Systems Serving Fewer Than 1,000 Persons

(a) The owner of a CWS serving 25 to 1,000 persons may submit to the department a written request for a reduction in monitoring frequency from monthly to not less than one sample per calendar quarter.

(b) A request submitted pursuant to (a) above shall include the following information:

(1) The name of the CWS;

(2) The PWS identifier for the CWS; and

(3) The rationale for the reduction in monitoring, based on the criteria listed in (c) below.

(1) The CWS has not been required to issue a boil order in accordance with Env-Dw 709.19 within the preceding 12 months;

(2) The CWS has a clean compliance history, as defined in Env-Dw 701.05;

(3) The CWS’s most recent sanitary survey confirms that the system:

a. Is supplied solely by one or more protected water sources;

b. Is free of sanitary defects and significant deficiencies;

c. Meets applicable construction standards; and

d. If applicable, has an approved corrective action plan and schedule pursuant to Env-Dw 720 and is in compliance with the plan and schedule;

(4) The CWS has not had an on-line inactivation or disinfection process in operation in the previous 12 months; and

(5) The CWS is in compliance with RSA 485:11 relative to backflow prevention devices.

(d) The department shall notify the CWS owner in writing of its decision on the request to reduce the frequency of bacteria monitoring. If the request is denied, the notice shall specify the reason(s) for the denial.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12420, eff 11-18-17; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.07 Return to Standard Monitoring Frequency for Community Water Systems Serving 1,000 Persons or Fewer

(a) A CWS for which a reduction in monitoring for total coliforms has been approved pursuant to Env-Dw 709.06 shall return to standard monthly monitoring by taking the number of samples for total coliforms specified in Env-Dw 709.05(a) the month following the event if:

(1) The CWS:

a. Has implemented a boil order in accordance with Env-Dw 709.19;

b. Triggers one level 2 assessment or 2 level 1 assessments in a rolling 12-month period;

c. Has a treatment technique violation as specified in Env-Dw 709.23;

d. Has 2 bacteria monitoring violations in a rolling 12-month period;

e. Is without a certified operator for the system for more than 30 consecutive days; or

f. Adds a new source.

(2) The department determines that a groundwater source for the CWS is under the direct influence of surface water or otherwise no longer qualifies as a protected water source, for example due to activities or circumstances that makes the source vulnerable to pathogenic contamination; or

(3) The physical configuration of the CWS warrants additional monitoring to accurately determine water quality.

(b) If the department determines that any of the criteria listed in (a) above, has been met, the department shall notify the CWS owner in writing of its determination and that Env-Dw 709.07(a) requires the system to return to the monitoring frequency for total coliforms specified in Env-Dw 709.05(a).

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.08 Frequency of Standard Monitoring for Total Coliforms for Non-Seasonal Non-Community Water Systems and Certain Seasonal Systems

(a) Subject to (b) and (c) below, and Env-Dw 709.09, the owner of an NCWS that is served solely by one or more protected water sources and that either is not a seasonal system or is a seasonal system that is described in Env-Dw 709.01(d) shall monitor for bacteria based on the number of persons served, as follows:

(1) If the NCWS serves 1,000 persons or fewer per month, the owner shall collect one sample during each calendar quarter that the NCWS provides water to the public; and

(2) If the NCWS serves more than 1,000 persons during any month, the owner shall take the number of samples for total coliforms per month as required for a like-sized CWS, as specified in Env-Dw 709.05(a).

(b) If the number of persons served by an NCWS is event-driven, such as a racetrack, fairgrounds, or concert venue, the owner shall take the number of samples for total coliforms as a like-sized CWS as specified in Env-Dw 709.05(a), using the average daily population calculated over a one-month period.

(c) An NCWS supplied by surface water or groundwater under the direct influence of surface water shall monitor for coliform bacteria monthly.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.09 Return to Standard Monitoring Frequency for NC

WSs Serving 1,000 Persons or Fewer.

(a) The owner of an NCWS monitoring bacteria at the frequency established by Env-Dw 709.01(b) shall return to the standard bacteria monitoring frequency if:

(1) The NCWS:

a. Has a bacteria monitoring violation;

b. Has been required to issue a boil order in accordance with Env-Dw 709.19; or

c. Has installed a continuously-operating bacterial disinfection or inactivation treatment process within 6 months of incurring a bacterial MCL violation.

(2) The physical configuration of the NCWS warrants additional monitoring to accurately determine water quality; or

(3) The department learns of an activity or circumstance that makes the source vulnerable to pathogenic contamination.

(b) If the department determines that any of the criteria listed in (a) above, has been met, the department shall notify the NCWS owner in writing of its determination and that Env-Dw 709.09(a) requires the system to return to monitoring for total coliforms at the standard quarterly frequency.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.10 Monthly Monitoring for Non-Community Water Systems Serving 1,000 Persons or Fewer

(a) The owner of a NCWS that serves 1,000 persons or fewer that is monitoring for total coliforms less frequently than monthly pursuant to Env-Dw 709.08 or Env-Dw 709.12 shall begin monthly bacteria monitoring if the NCWS:

(1) Has implemented a boil order in accordance with Env-Dw 709.19.

(2) Triggers one level 2 assessment trigger or 2 level 1 assessments triggers in a rolling 12-month period;

(3) Has a treatment technique violation as specified in Env-Dw 709.23 or Env-Dw 506.07;

(4) Has 2 bacteria monitoring violations in a rolling 12-month period; or

(5) Has one bacteria monitoring violation and experiences one level 1 assessment trigger in a rolling 12-month period.

(b) If the department determines that any of the criteria listed in (a) above, has been met, the department shall notify the NCWS owner in writing of its determination and that Env-Dw 709.10(a) requires the system to begin monitoring for total coliforms at the increased frequency.

(c) The owner may request the department to allow the system to return to quarterly monitoring for total coliforms by submitting a written request that includes the following:

(1) The name of the NCWS;

(2) The PWS identifier of the NCWS; and

(3) The rationale for the reduction in monitoring, based on the criteria in (d) below.

(d) The department shall authorize the system to return to quarterly sampling for total coliforms if the NCWS has not been required to issue a boil order in accordance with Env-Dw 709.19 in the preceding 12 months, has:

(1) A clean compliance history, as defined in Env-Dw 701.05;

(2) Is free of sanitary defects; and

(3) Either of the following has occurred:

a. A level 2 assessment has been conducted within the preceding 12 months by an individual who meets the qualifications specified in Env-Dw 720.12 and all identified sanitary defects have been corrected; or

b. The department has conducted a sanitary survey within the preceding 12 months and confirmed that the NCWS:

Is supplied solely by one or more protected water sources; and
Is free of sanitary defects and significant deficiencies.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.11 Standard Monitoring for Total Coliforms for Seasonal Systems

The owner of a seasonal system that is not described in Env-Dw 709.01(d) shall monitor for total coliforms each month the system is in operation based on the number of persons served, as follows:

(a) If the seasonal system serves 1,000 persons or fewer per month, the owner shall collect one total coliform sample each month that the system provides water to the public; and

(b) If the seasonal system serves more than 1,000 persons during any month, the owner shall take the number of total coliform samples as a like-sized CWS as specified in Env-Dw 709.05(a).

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.12 Reduction in Total Coliform Monitoring for Seasonal Systems Serving 1,000 Persons or Fewer

(a) The owner of a seasonal system that is not described in Env-Dw 709.01(d) that serves 1,000 persons or fewer may request the department to reduce the monthly monitoring frequency to not less than one sample per calendar quarter.

(b) To request the reduction allowed by (a) above, the owner of the system shall submit the following information in writing to the department:

(1) The name of the seasonal system;

(2) The PWS identifier of the seasonal system; and

(3) The rationale for the reduction in monitoring frequency, based on the criteria in (c) below.

(1) The seasonal system has:

a. Not been required to issue a boil order in accordance with Env-Dw 709.19 in the preceding 12 months; and

b. A clean compliance history as defined in Env-Dw 701.05; and

(2) A level 2 assessment conducted during the current operating season by an individual who meets the qualifications of a level 2 assessor as described in Env-Dw 720.09 confirms that the seasonal system is:

a. Supplied solely by one or more protected water sources; and

b. Free of sanitary defects.

(d) The department shall notify the owner of the seasonal system in writing of its decision on the request to reduce the number of total coliforms samples taken. If the request is denied, the notice shall specify the reason(s) for the denial.

(e) If the request is approved, the department shall designate that monitoring be conducted during periods of highest demand or highest vulnerability, based on review of the system configuration and flow rates.

(f) Any seasonal system that has been authorized to monitor quarterly shall be returned to standard monthly monitoring if the conditions in Env-Dw 709.10(a) are met.

(g) The approval for reduced monitoring frequency shall expire at the end of the seasonal system’s operating season, at which time the system shall return to standard monitoring for total coliform pursuant to Env-Dw 709.11.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.13 Sampling for Total Coliforms When Turbidity Exceeds One

Nephelometric Turbidity Unit.

(a) The owner of a PWS using surface water or groundwater under the direct influence of surface water that is not subject to the filtration requirements in Env-Dw 716 shall collect at least one total coliform sample at or before the first service connection each day the turbidity level of the source water, measured as specified in 40 CFR 141.22, exceeds one Nephelometric Turbidity Unit (NTU).

(b) The sample shall be analyzed for turbidity and for the presence of total coliforms.

(c) When one or more turbidity measurements in any day exceed one NTU, the PWS owner shall collect a total coliform sample within 24 hours of the first NTU exceedance. If the system cannot have the sample analyzed within 30 hours of collection, the owner shall contact the department.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.14 Adjusting Total Coliform Sampling Frequency After a Sanitary Survey

(a) The department shall review the results of each sanitary survey undertaken pursuant to Env-Dw 720 with respect to bacterial contamination to determine whether:

(1) The wellhead is physically inaccessible;

(2) The wellhead is subject to flooding due to conditions that cannot be corrected within the time limit specified in Env-Dw 720; or

(3) Any other condition exists that would increase the potential for bacterial contamination.

(b) If the PWS does not already take total coliform samples each month and the department determines that any of the conditions listed in (a) above, is present, the department shall require the PWS to take total coliform samples monthly.

(c) In conducting a sanitary survey of a PWS using groundwater, information on sources of contamination within the delineated wellhead protection area that was collected in the course of developing and implementing a wellhead protection program for the groundwater source shall be considered instead of collecting new information, if the information was collected since the last time the system was subject to a sanitary survey.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15 (from Env-Dw 709.13); ss by #14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.15 Repeat Monitoring

(a) Subject to (b) and (c) below, if a routine sample is positive for total coliforms, the PWS owner shall collect a set of not less than 3 repeat samples as specified in (d) and (f) below, for each routine sample that was positive for total coliforms within 24 hours after being notified of the positive result.

(b) If one or more of the samples in a set of repeat samples is positive for total coliforms, the PWS owner shall continue to collect additional sets of 3 samples every 24 hours until either:

(1) Total coliforms are not detected in any sample in a set of 3 repeat samples; or

(2) The coliform treatment technique trigger specified in Env-Dw 709.22 has been exceeded.

(c) The department shall extend the 24-hour limit if the department determines that the PWS owner cannot collect the repeat samples within 24 hours or when the samples cannot be analyzed within 30 hours of being collected. In determining the amount of the time extension, the department shall evaluate the need to protect public health against the owner’s inability to collect the samples within the 24-hour limit.

(d) Subject to Env-Dw 709.16, the PWS owner shall collect one repeat sample from each of the following locations:

(1) The sampling tap where the original sample that was positive for total coliforms was collected;

(2) A tap within 5 service connections upstream of the original sampling site; and

(3) A tap within 5 service connections downstream of the original sampling site.

(e) The PWS owner shall collect a source sample to meet the triggered monitoring requirements specified in Env-Dw 717, if applicable.

(f) The PWS owner shall collect all samples in a set of repeat samples on the same day.

(g) Except as provided in Env-Dw 709.17, the department shall not waive the requirement for a PWS owner to collect repeat samples as specified in (a) through (f) above.

History

#9700, eff 5-1-10 ss by #10771, eff 2-1-15 (from Env-Dw 709.10); ss by #14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.16 Alternate Plan for Repeat Monitoring Locations

(a) The owner of a PWS who is required to take repeat samples and who wishes to establish alternative sampling locations believed to be more representative of a likely pathway of contamination shall submit a proposed plan in writing to the department for approval. Submission of a proposed plan shall not extend the time limit for taking the samples established in Env-Dw 709.15(a) or (b).

(b) A proposed plan submitted under (a) above shall include:

(1) The system’s name and PWS identifier;

(2) The name, mailing address, daytime telephone number including area code, and e-mail address for the system’s representative who can be contacted by the department regarding the request;

(3) If the owner is proposing alternative fixed locations, the specific locations proposed; and

(4) If the owner is proposing situation-based sampling, a proposed standard operating procedure (SOP) for determining the location where the repeat samples will be taken to verify and determine the extent of potential contamination of the distribution system area based on the specific situation.

(c) The department shall respond to the proposed plan in writing. If the plan is not approved, the department’s response shall specify the reason(s) why.

(d) The department shall approve the proposed plan if the department determines that the proposed alternative locations or SOP will result in samples that are more likely to verify and determine the extent of potential contamination of the distribution system area based on specific situations than the existing locations or SOP, as applicable.

(e) If the department determines that the proposed alternative locations or SOP would be acceptable with modifications, the department shall inform the owner of such modifications. If the department makes modifications, the PWS owner shall either implement the plan as modified or take samples in the location(s) specified in Env-Dw 709.15.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.17 Additional Routine Sampling Requirements

(a) Subject to (c) through (f) below, if a PWS owner who is required to collect samples on a quarterly or semi-annual schedule has one or more total coliform-positive samples and the department does not invalidate the sample result(s) under Env-Dw 709.18, the owner shall collect at least 3 additional total coliform routine samples at sites that are representative of water throughout the distribution system, including all of the sample site(s) listed in the sampling schedule, during the next month the PWS provides water to the public.

(b) The additional routine samples required by (a) above shall not be considered for purposes of the triggered monitoring requirements specified in Env-Dw 717.

(c) The department shall waive the requirement to collect 3 additional routine samples the next month the PWS provides water to the public if the department:

(1) Performs a site visit before the end of the next month the PWS provides water to the public to determine whether additional monitoring or corrective action is needed or otherwise determines why the sample was positive for total coliforms; and

(2) Establishes that the PWS has corrected the problem or will correct the problem before the end of the next month the PWS provides water to the public.

(d) Once a determination is made to waive the requirement to collect the 3 additional routine samples, the department shall:

(1) Document the decision in writing, have it approved and signed by the director of the department’s division of water, or designee, and make this document available to the United States Environmental Protection Agency (EPA) and the public; and

(2) Describe the specific cause(s) of the positive total coliforms sample result(s) and what action(s) the PWS owner has taken or will take to correct the problem.

(e) As a condition of receiving a waiver of the 3 additional routine sample monitoring requirement, the PWS owner shall:

(1) Not seek a waiver of the requirement to collect 3 additional routine samples the next month that the PWS provides water to the public solely on the grounds that all repeat samples are negative for total coliforms; and

(2) Continue to take at least one routine sample before the end of the next month the PWS provides water to the public and use it to determine compliance as specified in Env-Dw 702, unless the department has determined that the PWS owner has corrected the contamination problem before the set of repeat samples required by Env-Dw 709.15 was collected, and all repeat samples are negative for total coliforms.

(f) Results of all routine and repeat samples not invalidated by the department shall be included in determining compliance as specified in Env-Dw 702.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15 (from Env-Dw 709.11); ss by #14343, eff 8-22-25, EXIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.18 Invalidation of Total Coliform Samples

(a) A sample result that is positive for total coliforms or E. coli that is invalidated under this section shall not be used to meet the minimum monitoring requirements of this part.

(b) The department shall invalidate a sample result that is positive for E. coli only if the laboratory establishes that improper sample analysis caused the positive result.

(1) The laboratory establishes that improper sample analysis caused the positive result;

(2) The department, on the basis of the results of repeat samples collected as required by Env-Dw 709.15, and source water samples collected pursuant to Env-Dw 717, if required, determines that the positive sample resulted from a domestic or other non-distribution system plumbing problem, provided that all repeat samples collected at the same tap as the original positive sample are also positive for total coliforms, and all other repeat and source water samples are negative for total coliforms; or

(3) The department has substantial grounds to believe that a positive total coliform result is due to a circumstance or condition that does not reflect water quality in the distribution system, provided the PWS owner collects all repeat samples required under Env-Dw 710.15 and uses them to determine whether a treatment trigger as specified in Env-Dw 709.22 has been exceeded.

(d) The department shall not invalidate a total coliform-positive sample result on the basis of repeat samples if:

(1) All of the repeat samples are negative for total coliforms;

(2) Any source water sample collected pursuant to Env-Dw 717 is total coliform positive, unless the PWS provides continuous disinfection; or

(3) The PWS has only one service connection.

(e) If a sample is invalidated for the reason specified in (c)(1) above, the PWS owner shall collect another sample from the same sampling point as the original sample within the same monitoring period after being notified of the sample invalidation.

(f) If the department invalidates a total coliform sample result for the reason specified in (c)(3) above, then:

(1) The department shall document the rationale for the decision in writing and have the document approved and signed by the director of the department’s division of water, or designee;

(2) The written documentation shall state the specific cause of the positive sample, and what action(s) the PWS owner has taken or will take to correct the problem; and

(3) The department shall make the document available to the EPA and the public.

(g) A laboratory shall invalidate a total coliform sample result where total coliforms are not detected if the sample:

(1) Produces turbid culture in the absence of gas production using an analytical method where gas formation is examined, such as the multiple-tube fermentation technique;

(2) Produces turbid culture in the absence of an acid reaction in the presence-absence coliform test; or

(3) Exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter.

(h) If a sample is invalidated for a reason specified in (g) above, the PWS owner shall:

(1) Collect another sample from the same sampling point as the original sample within 24 hours of being notified of the sample invalidation;

(2) Have the sample analyzed for the presence of total coliforms; and

(3) Continue to resample within 24 hours and have the samples analyzed until a valid result is obtained.

(i) The department shall extend the 24-hour limit established in (h) above, if the PWS owner is unable to collect the sample within 24 hours for reasons that are beyond the owner’s control.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15 (from Env-Dw 709.12); ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.19 Follow-up Testing for E. coli; Boil Orders

(a) If any sample is positive for total coliforms, the PWS owner shall analyze, or request the laboratory to analyze, the total coliform-positive culture medium for E. coli.

(b) If E. coli are present or the E. coli MCL is exceeded pursuant to Env-Dw 702.02(b), the PWS owner shall:

(1) Issue a boil order advising all consumers that the water should be vigorously boiled for not less than 2 minutes before human consumption; and

(2) Notify the department by the end of the work day in which the PWS owner is notified of the test result, unless the PWS owner is notified of the result after the department office is closed, in which case the PWS owner shall notify the department before noon on the next business day.

(1) Clearly explain the need to boil water vigorously for a minimum of 2 minutes prior to using the water for any purpose associated with human or animal consumption, which includes but is not limited to drinking, brushing teeth, washing vegetables, food preparation, dishwashing, making infant formula, or making ice;

(2) Provide the name, title, mailing address, telephone number including area code, and email address of the PWS contact who can address any questions or concerns; and

(3) State that further notification will be issued when the boil order has been lifted.

(d) Notification to PWS consumers of the boil order shall be in accordance with the public notification requirements for acute violations as specified in Env-Dw 800.

(e) For all PWSs, the PWS owner also shall post the boil order in a conspicuous place in areas frequented by the public, which shall include electronic postings such as on the home page of the internet site for the owner or PWS, if the owner or PWS has an internet site.

(f) The PWS owner shall not lift the boil order unless:

(1) A minimum of 2 consecutive sets of samples, collected at least 24 hours apart, show an absence of total coliforms and E. coli, where a set of samples consists of the greater of 3 samples or the number of routine samples required by Env-Dw 709.05, to a maximum of 10 samples, at sampling points identified in consultation with the department;

(2) The department is satisfied that the PWS owner has undertaken all reasonable efforts to identify and correct the source of contamination, by conducting an inspection equivalent to a level 2 assessment and correcting all sanitary defects; and

(3) The department notifies the PWS owner that the boil order can be lifted.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15 (from Env-Dw 709.14); ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.20 Relief from Boil Order Requirements

(a) If E. coli are present only in specific, hydraulically-isolated segments of a PWS service area, a PWS owner may submit a written request to the department to approve a boil order that is limited to customers in the service areas that are directly affected.

(b) The department shall approve a request submitted pursuant to (a) above, if it agrees with the PWS owner’s assessment that the affected area is hydraulically isolated.

(c) The owner of a PWS may submit a written request to the department to waive the requirement to issue a boil order if the PWS owner:

(1) Has submitted a minimum of 3 routine total coliform samples per month for bacteria analysis;

(2) Was notified that only one sample in the sampling set shows the presence of E. coli and all other samples in the set show an absence of total coliforms;

(3) Concludes, based on an inspection performed by the PWS’s primary certified operator immediately after being notified of the detection, that there are no apparent causes for the detection of E. coli;

(4) If applicable, has provided continuous treatment of all active water sources by addition of a chemical disinfectant during the 30 days prior to the samples that tested positive and has continuously maintained detectable disinfectant residuals at all times and locations for at least the prior 6 months, as verified by monitoring performed under Env-Dw 715; and

(5) Submits the written request to waive the boil order requirement within 4 hours of receiving notice from the department that a boil order is required.

(d) The department shall waive the requirement to issue a boil order if it determines that all of the requirements specified in (c) above, have been met, subject to the following conditions:

(1) The PWS owner shall:

a. Take repeat samples as specified in Env-Dw 709.15 within 6 hours of being notified of the positive result; and

b. Submit the sample results showing the absence of total coliforms and E. coli to the department within 24 hours of taking the samples; and

(2) The department shall inspect the PWS within 24 hours of initial notification, focusing on the effectiveness of the disinfection process and the circumstances of the samples that initially indicated the presence of E. coli.

(e) The department shall require the PWS to issue a boil order within 12 hours of notification if the PWS fails to comply with the conditions specified in (d)(1) above, or the department’s inspection pursuant to (d)(2) above, identifies a possible cause of the initial indication of fecal coliforms or E. coli.

History

#10771, eff 2-1-15 (from Env-Dw 709.15); ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.21 Sample Volume and Collection Protocol

(a) A standard sample volume of 100 ml shall be used for bacteria analysis, regardless of the analytical method used.

(b) The time from sample collection to initiation of test medium incubation shall not exceed 30 hours.

(d) Bacteria samples may be analyzed for total coliform density.

(e) Unless a PWS disinfects on a regular and continuous basis, chlorine or other disinfectants shall not be added to the PWS within one week prior to the time when bacterial test samples are scheduled to be collected. If disinfection is necessary to protect public health within one week of a bacterial test, such treatment shall be described on the sample identification form. Failure to report disinfection occurring within one week on the sample information form shall be considered misrepresentation of the sample.

History

#10771, eff 2-1-15 (from Env-Dw 709.16); ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.22 Coliform Assessment Triggers and Required Actions

(a) A PWS owner shall conduct an assessment in accordance with Env-Dw 720.07 if an assessment is triggered as specified in (b) or (c) below.

(b) The level 1 assessment shall be triggered if:

(1) For a PWS collecting fewer than 40 samples per month, the system has 2 or more total coliform-positive samples in the same month;

(2) For a PWS collecting 40 or more samples per month, more than 5.0% of the samples collected during a month are total coliform-positive; or

(3) The PWS fails to take every required repeat sample after any single total coliform-positive sample result.

(1) An E. coli MCL violation as specified in Env-Dw 702.02 occurs; or

(2) A second level 1 assessment is triggered within 12 months of a prior level 1 or level 2 assessment, unless the department has:

a. Identified a likely reason that the samples that caused the first level 1 treatment technique trigger were total coliform-positive; and

b. Determined that the owner has corrected the problem.

History

#10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.23 Bacteria Violations

(a) An E. coli MCL violation shall exist if:

(1) Any routine sample tests positive for total coliforms and is followed by any repeat sample that tests positive for E. coli;

(2) Any routine sample tests positive for E. coli and any of the repeat samples test positive for total coliforms;

(3) The owner fails to collect all required repeat samples following an E. coli-positive routine sample; or

(4) The owner fails to test for E. coli when any repeat sample tests positive for total coliforms.

(b) A treatment technique violation shall exist when a PWS exceeds a trigger specified in Env-Dw 709.22 and the owner fails to conduct the required assessment or corrective action within the time specified in Env-Dw 720.

(1) Fails to collect every required routine or additional routine sample in a compliance period; or

(2) Fails to analyze for E. coli following a routine total coliform-positive result.

(d) A reporting violation shall exist if the owner:

(1) Fails to submit a monitoring report or completed assessment form after the PWS properly conducts monitoring or assessment within the time period specified; or

(2) Fails to notify the department of an E. coli-positive sample required by Env-Dw 719 within the time period specified.

History

#10771, eff 2-1-15 (from Env-Dw 709.18); ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.24 Reporting and Notification of Violations

(a) The owner of a PWS at which the MCL specified in Env -Dw 702 for E. coli is exceeded shall:

(1) Report the violation to the department as soon as possible by telephone or email within 24 hours of receiving the results; and

(2) Notify the public in accordance with Env-Dw 800.

(b) A PWS owner who has a total coliform monitoring violation as specified in Env-Dw 709.23 shall:

(1) Report the monitoring violation to the department by telephone, email, or first class mail within 10 days after the PWS discovers the violation; and

(2) Notify the public in accordance with Env-Dw 800.

(1) Report the treatment technique violation to the department by telephone or email as soon as the owner learns of the violation but no later than the end of the next business day; and

(2) Notify the public in accordance with Env-Dw 800.

(d) A PWS owner who has a reporting violation as specified in Env-Dw 709.23 shall:

(1) Report the reporting violation to the department by telephone or email as soon as the owner learns of the violation; and

(2) Notify the public in accordance with Env-Dw 800.

History

#10771, eff 2-1-15 (from Env-Dw 709.19); ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

N.H. Code Admin. R. Ann. Env-Dw 709.25 Recordkeeping

If the department approves an extension of the 24-hour limit to take repeat samples pursuant to Env-Dw 709.15(c), the owner of the PWS shall maintain a record of the approval for at least 5 years from the date of the extension.

History

#10771, eff 2-1-15; ss by 14343, eff 8-22-25, EXPIRES: 8-22-35

Part Env-Dw 710 Monitoring for Radionuclides

N.H. Code Admin. R. Ann. Env-Dw 710.01 Purpose

The purpose of this part is to establish procedures and criteria for the monitoring of radionuclides in drinking water.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 710.02 Applicability

(a) The requirements of this part other than Env-Dw 710.05(c) shall apply to community water systems (CWS).

(b) The requirements specified in Env-Dw 710.05(c) shall apply to non-transient non-community water systems.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 710.03 Definitions

(a) “Alpha particle” means a positively charged atomic particle consisting of 2 neutrons and 2 protons.

(b) “Analytical gross alpha” means total gross alpha activity as measured by the EPA approved methodologies specified in 40 CFR 141.25, and includes but is not limited to alpha particles from radium-226, uranium, thorium, and polonium, and excludes radon.

(d) “Radionuclides” means alpha particles, beta particles, or both.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19; ss by #12819, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 710.04 Frequency and Sampling Location for Radionuclides

(a) The O/O of a CWS shall collect a minimum of one water sample at each entry point to the distribution system and after any centralized radionuclide treatment, as specified in the sampling schedule established pursuant to Env-Dw 708.01, at the frequency specified in the sampling schedule.

(b) The CWS O/O shall collect each sample at the specified sampling point unless the O/O requests, and the department approves, an alternative sampling point pursuant to Env-Dw 708.04.

(c) If the CWS draws water from more than one source and the sources are combined before distribution, the CWS O/O shall sample the blended water, provided it meets the criteria established in Env‑Dw 708.05.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19; ss by #12819, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 710.05 Radionuclide Monitoring Requirements for New Systems or Sources

(a) The O/O of a new CWS or an existing CWS using a new source of supply shall collect and analyze:

(1) One sample for radon prior to using water from the new source; and

(2) Quarterly samples for compliance gross alpha, combined radium-226 and radium-228, and uranium as specified in the schedule established pursuant to Env-Dw 708.

(b) Initial monitoring shall:

(1) Begin within the first quarter that the new system or source first provides water to the system; and

(2) Be performed in accordance with Env-Dw 710.06.

(c) The O/O of a new non-transient, non-community water system or an existing non-transient, non-community water system using a new source of supply shall collect and analyze one sample for compliance gross alpha, combined radium-226 and radium-228, and uranium prior to using water from the new source.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 710.06 Initial Monitoring for Radionuclides

(a) A CWS O/O shall collect 4 consecutive quarterly samples for compliance gross alpha, combined radium-226 and radium-228, and uranium at all sampling points identified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) The samples required by (a), above, shall be taken in the quarters designated in the sampling schedule established pursuant to Env-Dw 708.01 during each compliance period.

(c) If the results of the samples from the first 2 quarters are below the detection limits as specified in Env-Dw 710.12(b), the CWS O/O may submit a written request to the department for the monitoring frequency to be reduced.

(d) A written request submitted pursuant to (c), above, shall contain the following:

(1) The name of the CWS;

(2) The PWS identifier for the CWS; and

(3) A summary of the historical radionuclide data from the system and nearby systems, when available.

(e) Upon determination by the department that the results are all below the detection limits, as listed in Table 710-2, the final 2 quarters of the initial monitoring shall be dismissed and the monitoring frequency shall be as specified in Env-Dw 710.08.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 710.07 Increased Monitoring for Radionuclides

The CWS O/O shall collect and analyze quarterly samples:

(a) At any sampling point where the running annual average of the monitoring results for radionuclides at the sampling point is above the applicable MCL; and

(b) After any centralized treatment installed to treat a radionuclide result above the MCL.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19; ss by #12819, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 710.08 Reduced Monitoring for Radionuclides

(a) The monitoring frequency for radionuclides shall be based on the average of the results of the initial monitoring required pursuant to Env-Dw 710.06, as specified in Table 710-1 below:

Table 710-1: Monitoring Frequency Based on Radionuclide Concentrations

Compliance Gross Alpha (pCi/L)

Average Monitoring Result

Frequency

13.5 to 15

Yearly

7.6 to 13.4

Every 3 years

3 to 7.5

Every 6 years

less than 3

Every 9 years

Radium 226 plus Radium-228 (pCi/L)

Average Monitoring Result

Frequency

4.5 to 5

Yearly

2.6 to 4.4

Every 3 years

1.0 to 2.5

Every 6 years

less than 1.0

Every 9 years

Uranium (μg/L)

Average Monitoring Result

Frequency

26.5 to 30

Yearly

15.5 to 26.4

Every 3 years

1 to 15.4

Every 6 years

less than 1

Every 9 years

(b) Subsequent sample results shall be used to establish future sampling schedules using the frequencies in Table 710-1.

(c) Based on review of the submitted results, the department shall modify the system’s schedule in accordance with Table 710-1 and notify the CWS O/O in writing of the new monitoring requirements.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 710.09 Monitoring and Compliance Requirements for Beta Particle and Photon Radioactivity for Vulnerable Systems

To determine compliance with the MCLs in Env-Dw 703.03 for beta particle and photon radioactivity, the CWS O/O shall comply with 40 CFR 141.26(b).

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 710.10 Compliance Determinations for Radionuclides

(a) The department shall determine compliance with Env-Dw 703 based on the analytical results obtained at each sampling point.

(b) Subject to (k) below, for a CWS at which the required monitoring is annual or less frequently, if the result of a sample from one sampling point exceeds an MCL, the CWS O/O shall collect a confirmation sample within 14 days.

(1) Be a new sample collected under the same contributing conditions and at the same sampling point as the original sample; and

(2) Be analyzed within 45 days of collection.

(d) The results of the confirmation sample shall be averaged with the initial sample results and the average shall be used to determine compliance.

(e) If the average exceeds the MCL, the CWS shall be deemed in violation of the MCL.

(f) To determine compliance with the MCLs listed in Env-Dw 703, averages of data shall be used, rounded to the same number of significant figures as the MCL for the substance in question.

(g) For a CWS at which the required monitoring is more frequent than once per year, the department shall determine compliance with the MCL based on a running annual average at each sampling point, as follows:

(1) If the running annual average of the sample results at any sampling point is greater than the MCL, then the CWS shall be deemed out of compliance with the MCL; and

(2) If any sample result is more than 4 times the MCL at any sample point, the CWS shall be deemed out of compliance with the MCL immediately.

(h) The CWS O/O shall include the results of all samples taken and analyzed to determine compliance, even if that number is greater than the minimum required.

(i) If a sample result is less than the detection limit, the result shall be deemed to be zero for purposes of calculating the running annual average.

(j) If the MCL for the radionuclides set forth in Env-Dw 703 is exceeded, the CWS O/O shall notify:

(1) The department, pursuant to Env-Dw 710.11; and

(2) The public, as required by Env-Dw 800.

(k) If results from the sampling point or the contributing sources have historically demonstrated the presence of the radionuclide, then:

(1) A confirmation sample shall not be required; and

(2) The monitoring frequency for the approved sampling point shall be increased to quarterly for that contaminant.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 710.11 Reporting and Recordkeeping for Radionuclides

(a) A CWS O/O shall report the monitoring results for regulated radionuclides as specified in Env-Dw 719.

(b) Any CWS O/O who fails to report monitoring results to the department as required by (a), above, shall notify the public as required by Env-Dw 800.

(c) The CWS O/O shall submit the monitoring results in the same unit of measurement and number of significant figures in which the MCL is expressed, as set forth in Table 703-1.

(d) The CWS O/O shall maintain records in accordance with Env-Dw 718 and report results in accordance with Env-Dw 719.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 710.12 Sampling Protocol and Laboratory Analytical Methods

(a) The sampling protocol for alpha and beta radionuclides shall be those set forth in 40 CFR 141, 142, or 143, as applicable.

(b) Detection limits for radionuclides shall be those set forth in Table 710-2, below:

Table 710-2: Detection Limits for Radionuclides

Contaminant

Detection Limit

Analytical Gross Alpha

3 pCi/L

Cesium-134

10 pCi/L

Compliance Gross Alpha

3 pCi/L

Gross Beta

4 pCi/L

Iodine-131

1 pCi/L

Radium-226

1 pCi/L

Radium-228

1 pCi/L

Strontium-89

10 pCi/L

Strontium-90

2 pCi/L

Tritium

1,000 pCi/L

Uranium

1 μg/L

Other radionuclides

1/10 of the applicable limit

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

Part Env-Dw 711 Monitoring for Inorganic Chemicals

N.H. Code Admin. R. Ann. Env-Dw 711.01 Applicability

(a) The O/O of a community water system (CWS) or non-transient, non-community water system (NTNC) shall conduct monitoring to determine compliance with the MCLs for inorganics specified in Env-Dw 704.02.

(b) The O/O of a transient, non-community water system shall conduct monitoring to determine compliance with the nitrate and nitrite MCLs specified in Env-Dw 704.02, in accordance with Env-Dw 711.18 through Env-Dw 711.28.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.02 Monitoring Location for Regulated Inorganics for Groundwater Systems

(a) The sampling point for a PWS using groundwater (groundwater system) shall be at each entry point to the distribution system, as specified in the sampling schedule established pursuant to Env-Dw 708.01, so as to be representative of each well after treatment.

(b) The O/O of a groundwater system shall collect each sample at the specified sampling point. If the O/O believes that conditions make another sampling point more representative of each source or treatment plant, the O/O shall request a change in sampling point pursuant to Env-Dw 708.04.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.03 Monitoring Location for Regulated Inorganics for Other Systems

(a) The O/O of a PWS using surface water or a combination of surface water and groundwater shall take a minimum of one sample at each sampling point specified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) The sampling points specified in the schedule shall include every entry point to the distribution system:

(1) After any application of treatment; or

(2) In the distribution system at a point which is representative of each source after treatment.

(c) The O/O of a system specified in (a), above, shall collect each sample at the specified sampling point. If the O/O believes that conditions make another sampling point more representative of each source or treatment plant, the O/O shall request a change in the sampling point pursuant to Env-Dw 708.04.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.04 Frequency of Monitoring for Regulated Inorganics

(a) The O/O of a groundwater system shall collect one sample at each sample point during each 3-year compliance period.

(b) The O/O of a surface water system, or combined surface/groundwater system, shall collect one sample at each sample point annually.

(d) The frequency of monitoring for nitrate and nitrite shall be as specified in Env-Dw 711.18 through Env-Dw 711.26.

(e) The department shall waive the requirement for a community water system or non-transient, non-community water system to monitor for cyanide if the department determines that the PWS is not vulnerable to cyanide due to a lack of any industrial source(s) within the wellhead contributing area.

(f) If the cyanide monitoring requirement is waived pursuant to (e), above, the O/O of each affected water system shall take not less than one sample every 9 years.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.05 Sampling Requirements When Concentrations of Regulated Inorganics are Greater Than or Equal To 50% of the MCL

(a) Subject to (k), below, if the concentration of any regulated inorganic in a representative sample is greater than or equal to 50% of the applicable MCL listed in Env-Dw 704, the O/O shall collect a confirmation sample as specified in (b), below.

(b) The confirmation sample shall be:

(1) A new sample collected under the same contributing conditions and at the same sampling point as the original sample; and

(2) Collected within 14 days of the original sample and analyzed for the regulated inorganic(s) that triggered the requirement to collect the confirmation sample.

(c) The results of the confirmation sample shall be averaged with the initial sample results and the average shall be used to determine compliance with the MCL specified in Env-Dw 704.

(d) If the average is less than 50% of the MCL listed in Env-Dw 704, the monitoring requirements for that sampling point shall be as specified in Env-Dw 711.04.

(e) If the average is equal to or greater than 50% of the MCL, the monitoring frequency for that sampling point for that contaminant shall be revised to quarterly beginning in the next quarter.

(f) The revised monitoring schedule for each source pursuant to (e), above, shall continue until the concentration of the particular regulated inorganic is determined by the department to be reliably and consistently below the MCL as defined in Env-Dw 100.

(g) After a minimum of one year of quarterly sampling, the O/O may submit in writing a request to the department for the monitoring frequency to be reduced.

(h) The written request shall include:

(1) The name of the PWS;

(2) The PWS identifier for the PWS;

(3) A summary of all quarterly sampling results and results of any additional sampling undertaken by the O/O; and

(4) An explanation of whether the PWS is operating any type of treatment to reduce the amount of regulated inorganics.

(i) The department shall reinstate the monitoring frequency specified in Env-Dw 711.04 upon determining that:

(1) Based on 4 consecutive quarterly samples, the concentration of the regulated inorganic is reliably and consistently below the MCL; and

(2) The PWS is not operating any type of treatment to reduce the amount of the regulated inorganics.

(j) If the monitoring frequency is reduced pursuant to (i), above, subsequent samples shall be collected during the quarter(s) which previously resulted in the highest analytical result.

(k) If results from the sampling point or the contributing sources have historically demonstrated the presence of regulated inorganics, then:

(1) A confirmation sample shall not be required; and

(2) The monitoring frequency for the approved sampling point shall be increased to quarterly for that contaminant.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.06 Sampling Protocol for Regulated Inorganics

An O/O shall conduct sample collection for the regulated inorganics listed in Env-Dw 704 using the sample preservation, container, and maximum holding time procedures specified in 40 CFR 141, 142, or 143, as applicable.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.07 Compliance Determination for Regulated Inorganics

(a) For a PWS at which regulated inorganics are monitored at a frequency greater than annually, the department shall determine compliance with the MCL specified in Env-Dw 704 by a running annual average, as defined in Env-Dw 100, at each sampling point.

(b) If the department determines that the running annual average at any sampling point is greater than the MCL as specified in Env-Dw 704, then the system shall be deemed out of compliance.

(d) Any sample result which is below the detection limit shall be calculated as zero for the purpose of determining the running annual average.

(e) If a system is monitoring annually or less frequently, the system shall be deemed out of compliance with the MCLs if the level of a regulated inorganic at any sampling point is greater than the MCL. If confirmation samples are required by Env-Dw 711.05, the determination of compliance shall be based on the average of the initial and confirmation samples.

(f) If a PWS has a distribution system with portions that are hydraulically separate from other parts of the distribution system, then:

(1) Only that part of the system in which the MCL specified in Env-Dw 704 is exceeded shall be out of compliance; and

(2) The O/O may request approval from the department pursuant to Env-Dw 801.15 to limit the public notice to the users of only that portion of the system which is out of compliance.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.08 Reporting for Regulated Inorganics

An O/O shall report regulated inorganics in accordance with Env-Dw 719.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.09 Monitoring for Asbestos

Asbestos monitoring shall be in accordance with Env-Dw 711.11 through Env-Dw 711.17, unless a waiver is obtained pursuant to Env-Dw 711.10.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.10 Waiver of Monitoring for Asbestos

(a) An O/O may request a waiver of asbestos monitoring as specified in (b), below, if the O/O believes the PWS is not vulnerable to asbestos contamination.

(b) To request a waiver, the O/O shall submit to the department a written request containing the following information:

(1) The name of the PWS;

(2) The PWS identifier for the PWS; and

(3) An explanation of why a waiver is warranted, based on the factors specified in (c), below, with documentation and data to support the explanation, as appropriate to the factor.

(1) Has a water source that is at risk for asbestos contamination, for instance due to proximity to an asbestos disposal site or other source of asbestos; or

(2) Uses asbestos-cement pipe for finished water distribution and the water is corrosive.

(d) The department shall grant a waiver to a PWS if the department determines that the PWS is not vulnerable to asbestos.

(e) A waiver shall remain in effect for the remainder of the 3-year compliance period. At the end of the compliance period, if the O/O wishes the waiver to continue, the O/O shall request a new waiver.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.11 Duration and Frequency of Routine Monitoring for Asbestos

The O/O of each community water system and non-transient, non-community water system shall monitor once for asbestos during the 3-year compliance period that it begins operation and every 9 years thereafter.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.12 Monitoring Location for Asbestos

(a) The O/O of a PWS that is vulnerable to asbestos contamination due solely to corrosion of asbestos-cement pipe shall collect one sample at a tap served by asbestos-cement pipe under conditions where asbestos contamination is most likely to occur.

(b) The O/O of a PWS that is vulnerable to asbestos contamination due solely to the potential for source water contamination shall monitor as for general regulated inorganics in accordance with Env-Dw 711.01 through Env-Dw 711.08.

(c) The O/O of a PWS that is vulnerable to asbestos contamination both to corrosion of asbestos-cement pipe and the potential for source water contamination shall collect one sample at a tap served by asbestos-cement pipe under conditions where asbestos contamination is most likely to occur.

(d) The department shall establish the sampling point in the sampling schedule established pursuant to Env-Dw 708.01 after conferring with the O/O relative to appropriate factors such as the amount of asbestos cement pipe and the age of the pipe.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.13 Monitoring When the MCL for Asbestos is Exceeded

(a) The O/O of a PWS at which the MCL for asbestos specified in Env-Dw 704 is exceeded shall monitor for asbestos quarterly beginning in the next calendar quarter after the initial violation occurred.

(b) The O/O may submit to the department a written request to reduce the asbestos monitoring frequency after:

(1) A minimum of one year of quarterly sampling for surface water systems; and

(2) A minimum of 2 quarters of sampling for groundwater systems.

(1) The name of the PWS;

(2) The PWS identifier for the PWS;

(3) A summary of all quarterly sampling results; and

(4) An explanation of whether the PWS is operating any type of treatment to reduce the amount of asbestos.

(d) The department shall decrease the quarterly monitoring requirement to the frequency specified in Env-Dw 711.11 only if the department determines that:

(1) The PWS is not operating any type of treatment to reduce the amount of asbestos; and

(2) The amount of asbestos in the water being delivered to persons served by the system is reliably and consistently below the MCL as defined in Env-Dw 100.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.14 Confirmation Sampling for Asbestos

(a) Where the results of sampling for asbestos indicate that the concentration of asbestos is greater than or equal to 50% of the MCL, the O/O shall:

(1) Collect a confirmation sample within 14 days after the initial sample was collected at the same sampling point and under the same contributing conditions; and

(2) Have the sample analyzed within 48 hours of collection, as required by 40 CFR 141.23(k)(2).

(b) Where confirmation samples are taken, compliance shall be determined based on the average of the 2 samples.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.15 Sampling Protocol for Asbestos

Samples to be analyzed for asbestos shall be collected in accordance with the protocol specified in 40 CFR 141.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.16 Reporting for Asbestos

An O/O shall report asbestos monitoring results in accordance with Env-Dw 719.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.17 Compliance for Asbestos

(a) A compliance determination for asbestos shall be made using the analytical monitoring results obtained at each sampling point.

(b) For systems conducting monitoring at a frequency greater than annually, the department shall determine compliance with the MCL for asbestos by analyzing a running annual average at each sampling point.

(d) If any one sample in (c), above, would cause the running annual average to exceed the MCL, the system shall be out of compliance.

(e) For a system monitoring annually or less frequently, the system shall be out of compliance with the MCL for asbestos if the level of a contaminant at any sampling point is greater than the MCL. If confirmation samples are required by Env-Dw 711.14, the determination of compliance shall be based on the average of the initial and confirmation samples.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.18 Monitoring and Reporting for Nitrate

The O/O of a community water system, non-transient non-community water system, or transient non-community water system shall:

(a) Monitor as specified in Env-Dw 711.19 through Env-Dw 711.22 to determine compliance with the MCL for nitrate specified in Env-Dw 704; and

(b) Report nitrate monitoring results as specified in Env-Dw 719.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.19 Frequency of Monitoring for Nitrate; Confirmation Samples

(a) The O/O of a community water system, non-transient non-community water system, or transient non-community water system served by groundwater shall monitor annually for nitrate.

(b) The O/O of a community water system, non-transient non-community water system, or transient non-community water system served by surface water shall monitor for nitrate quarterly for the initial 4 quarters of operation and annually thereafter, subject to (h), below, and Env-Dw 711.20.

(c) Subject to (d) below, if nitrate sampling results indicate an exceedance of the MCL and the system has no previous detections for nitrate, the O/O shall collect a confirmation sample within 24 hours of the system’s receipt of notification of the analytical results of the first sample.

(d) Any O/O unable to comply with the 24-hour sampling requirement shall:

(1) Immediately notify the consumers served by the system in accordance with Env-Dw 800; and

(2) Collect and analyze a confirmation sample within 7 days of notification of the analytical results of the first sample.

(e) If nitrate sampling results indicate an exceedance of the MCL and the system has previous detections for nitrate, no confirmation sample shall be necessary.

(f) Subject to (h), below, if nitrate results are 50% to 100% of the MCL the O/O shall collect a confirmation sample within 7 days.

(g) If a confirmation sample is required pursuant to (c) or (f), above, the results of the initial and confirmation samples shall be averaged to determine compliance.

(h) If results from the sampling point or the contributing sources have historically demonstrated the presence of nitrate, then:

(1) A confirmation sample shall not be required; and

(2) The monitoring frequency for the approved sampling point shall be increased to quarterly for that contaminant.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.20 Revised Monitoring for Nitrate

(a) The O/O of a community water system using groundwater, a non-transient non-community water system using groundwater, or a transient non-community water system using groundwater shall monitor for nitrate quarterly for at least one year following any one sample in which the concentration is greater than or equal to 50% of the nitrate MCL.

(b) After a minimum of one year of quarterly sampling, the O/O may submit a written request to the department for the monitoring frequency to be reduced.

(1) The name of the PWS;

(2) The PWS identifier for the PWS;

(3) A summary of all quarterly sampling results; and

(4) An explanation of whether the PWS is operating any type of treatment to reduce the amount of nitrate.

(d) The department shall approve a reduction in monitoring from quarterly to annually if the department determines that:

(1) Based on 4 consecutive quarterly samples, the nitrate levels are reliably and consistently below the nitrate MCL; and

(2) The PWS is not operating any type of treatment to reduce the amount of nitrate.

(e) A surface water system shall return to quarterly monitoring if any one sample is greater than or equal to 50% of the nitrate MCL.

(f) After the initial round of quarterly sampling is completed, each community water system, non-transient non-community water system, and transient non-community system shall collect subsequent annual samples during the quarter in which the highest analytical result was obtained.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.21 General System Evaluation Nitrate Samples

Any nitrate sample collected in addition to the routine or confirmation samples for a PWS shall be used to determine compliance if the sample:

(a) Is representative of water being supplied to consumers; and

(b) Exceeds the MCL for nitrate as specified in Env-Dw 704.02.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.22 Sampling Protocol for Nitrate

Samples to be analyzed for nitrate shall be collected in accordance with the protocol specified in 40 CFR 141, 142, or 143, as applicable.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.23 Reporting and Compliance for Nitrate

An O/O shall report for nitrates in accordance with Env-Dw 719.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.24 Monitoring and Reporting for Nitrite

The O/O of a community water system, non-transient non-community water system, or transient non-community water system shall:

(a) Monitor for nitrite in accordance with Env-Dw 711.25 through Env-Dw 711.28; and

(b) Report for nitrite in accordance with Env-Dw 719.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.25 Frequency of Monitoring for Nitrite; Confirmation Samples

(a) The O/O shall initially monitor for nitrite once in each 3 year compliance period to determine compliance with the MCL for nitrite in Env-Dw 704.

(b) Subject to (c), below, if nitrite sampling results indicate an exceedance of the MCL and the PWS has no previous detections for nitrite, the O/O shall take a confirmation sample within 24 hours of receipt of notification of the analytical results of the first sample.

(1) Immediately notify the persons served by the system in accordance with Env-Dw 800; and

(2) Collect and analyze a confirmation sample within 7 days of notification of the analytical results of the first sample.

(d) If the nitrite sampling results indicate an exceedance of the MCL and the system has previous detections for nitrite, no confirmation sample shall be necessary.

(e) Subject to (g), below if nitrite results are 50% to 100% of the MCL, the O/O shall collect a confirmation sample within 7 days.

(f) If a confirmation sample is required pursuant to (b) or (e), above, the results of the initial and confirmation samples shall be averaged in determining compliance.

(g) If results from the sampling point or the contributing sources have historically demonstrated the presence of nitrite, then:

(1) A confirmation sample shall not be required; and

(2) The monitoring frequency for the approved sampling point shall be increased to quarterly for that contaminant.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.26 Continued and Revised Monitoring for Nitrite

(a) After the initial sample, a PWS for which the analytical result for nitrite is less than 50% of the MCL shall monitor for nitrite annually.

(b) The O/O of a community water system, non-transient non-community water system, or transient non-community water system shall monitor for nitrite quarterly for at least one year following any one sample in which the concentration of nitrite is equal to or greater than 50% of the MCL.

(c) After a minimum of one year of quarterly sampling, the O/O may submit a written request to the department that the monitoring frequency be reduced.

(d) The written request shall include:

(1) The name of the PWS;

(2) The PWS identifier for the PWS;

(3) A summary of all quarterly sampling results; and

(4) Confirmation that the PWS is not operating any type of treatment to reduce the amount of nitrite.

(e) The department shall approve a reduction in monitoring from quarterly to annually if the department determines that:

(1) Based on 4 consecutive quarterly samples, the nitrite levels are reliably and consistently less than the nitrite MCL; and

(2) The PWS is not operating any type of treatment to reduce the amount of nitrite.

(f) An O/O who monitors annually shall collect each subsequent sample during the quarter(s) which previously resulted in the highest analytical results.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.27 General System Evaluation Nitrite Samples

Any nitrite sample collected in addition to the routine or confirmation samples for a PWS shall be used to determine compliance if the sample:

(a) Is representative of water being supplied to consumers; and

(b) Exceeds the MCL for nitrite as specified in Env-Dw 704.02.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 711.28 Sampling Protocol for Nitrite

Samples to be analyzed for nitrite shall be collected in accordance with the protocol specified in 40 CFR 141, 142, or 143, as applicable.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

Part Env-Dw 712 Monitoring for Organics

N.H. Code Admin. R. Ann. Env-Dw 712.01 Definitions

For purposes of this part, the following definitions shall apply:

(a) “Pesticide application area” means any area that is treated with pesticides as defined in Pes 101.21, reprinted in Appendix C, within the past 3 years or are likely to be treated with pesticides within the next 3 years including, but not limited to, golf courses, lawn or landscaped areas, cemeteries, agricultural areas, athletic or recreational fields, commercial food crops, pesticide storage areas, rights-of-way, railroads, and large overhead power lines; and

(b) “Source water protection area” means:

(1) For groundwater sources, the wellhead protection area as defined in RSA 485-C:2, XVIII, namely “the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield”; and

(2) For surface water sources, the surface area draining toward the intake within 4,000 feet of the intake as determined by topographic data and on-site verification.

History

#12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 712.02 Monitoring Frequency for VOC Contaminants

(a) The O/O of a community water system or non-transient, non-community water system shall initially monitor for the health-related regulated volatile organic chemical (VOC) contaminants listed in Env-Dw 705.01 on a quarterly basis for one year.

(b) If no contaminant listed in Env-Dw 705.01 is detected at a PWS during the first year, the O/O shall thereafter monitor annually.

(c) If one or more contaminants monitored pursuant to (a), above, is detected during the first year, the O/O shall continue to monitor quarterly, subject to (d), below, and Env-Dw 712.05.

(d) If the monitoring conducted during the first year reveals variations in the source(s) or within the system, the O/O shall increase the monitoring frequency to the frequency that is necessary to accurately identify consumer exposure to the contaminants listed in Env-Dw 705.01.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.01)

N.H. Code Admin. R. Ann. Env-Dw 712.03 Monitoring Location for VOC Contaminants

(a) The O/O of a PWS supplied by a groundwater source shall collect at least one sample at every entry point to the distribution system, which entry point shall be representative of each well after treatment, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) The O/O of a PWS supplied by a surface water source or a combination of surface water and groundwater shall collect at least one sample at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(c) If the O/O believes that conditions make another sampling point more representative of a source, treatment plant, or distribution system, the O/O shall request a change in sampling location pursuant to Env-Dw 708.04.

(d) If a PWS obtains water from more than one source and the sources are combined prior to entering the distribution system, the O/O shall collect the samples at an entry point to the distribution system during periods of normal operating conditions, when water from all sources is being used.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.02)

N.H. Code Admin. R. Ann. Env-Dw 712.04 Confirmation Sampling for VOC Contaminants

(a) If a VOC contaminant is detected in a representative sample at a level greater than or equal to the detection limit of 0.0005 mg/L, the O/O shall:

(1) Collect a confirmation sample under the same contributing conditions within 14 days of being notified of the result; and

(2) Have the sample analyzed for the contaminant(s) detected.

(b) If the concentration of the VOC contaminant in the confirmation sample is greater than or equal to the detection limit of 0.0005 mg/L, the monitoring requirement for those sources shall be that stated in Env-Dw 712.05.

(c) If the concentration of the VOC contaminant in the confirmation sample is below the detection limit, the monitoring requirements for those sources shall be that stated in Env-Dw 712.02.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.03)

N.H. Code Admin. R. Ann. Env-Dw 712.05 Revised Monitoring Frequency for VOC Contaminants

(a) If a VOC contaminant is detected in the confirmation sample at a level greater than or equal to the detection limit of 0.0005 mg/L, the sampling frequency for the representative sampling site shall be revised to quarterly.

(b) The revised monitoring schedule pursuant to (a), above, shall continue until the concentration of the contaminant is reliably and consistently below the MCL at each sampling point.

(c) After a minimum of one year of quarterly sampling pursuant to (b), above, the O/O may submit a written request to the department in accordance with (d), below, for the monitoring frequency to be reduced.

(d) The written request to reduce the VOC monitoring frequency shall contain the following:

(1) The name of the PWS;

(2) The PWS identifier for the PWS;

(3) A summary of all quarterly sampling results; and

(4) Whether any type of treatment to reduce VOC contaminants has been or is being used by the PWS.

(e) The department shall reinstate annual monitoring for VOC contaminants in response to a request submitted pursuant to (d), above, upon determining that:

(1) Based on 4 consecutive quarterly samples, the level of VOC contaminant(s) previously detected is reliably and consistently below the MCL; and

(2) The PWS is not operating any type of treatment to reduce the amount of VOC contaminants.

(f) The O/O of a PWS at which VOC contaminants are monitored annually shall monitor during the quarter which previously yielded the highest analytical result.

(g) A PWS at which no VOC contaminants are detected in 3 consecutive annual samples may apply to the department for a waiver as specified in Env-Dw 712.20.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.04)

N.H. Code Admin. R. Ann. Env-Dw 712.06 Monitoring for Vinyl Chloride

(a) Subject to (e), below, the O/O of a community water system or non-transient non-community water system shall monitor quarterly for vinyl chloride if any of the following 2-carbon organic compounds is initially detected and subsequently confirmed in the water supply:

(1) Trichloroethylene;

(2) Tetrachloroethylene;

(3) 1,2-dichloroethane;

(4) 1,1,1-trichloroethane;

(5) Cis-1,2-dichloroethylene;

(6) Trans-1,2-dichloroethylene; or

(7) 1,1-dichloroethylene.

(b) The vinyl chloride samples collected pursuant to (a), above, shall be collected at each sampling point for each source at which any of the 2-carbon organic compounds was detected and confirmed.

(c) If the initial test results collected pursuant to (a), above, include analytical results for vinyl chloride, the results shall be counted as the first of 4 required quarterly samples.

(d) If vinyl chloride is not detected in the first quarterly sample, the department shall reduce the required monitoring for vinyl chloride to one sample during each compliance period.

(e) If monitoring frequency is not reduced pursuant to (d), above, then after a minimum of one year of quarterly sampling the O/O may submit a written request to the department as specified in (f), below, for the monitoring frequency to be reduced.

(f) The written request shall contain the following:

(1) The name of the PWS;

(2) The PWS identifier for the PWS;

(3) A summary of all quarterly sampling results; and

(4) Whether any type of treatment to reduce vinyl chloride has been or is being used by the PWS.

(g) The department shall reinstate annual monitoring for vinyl chloride in response to a request submitted pursuant to (e), above, if the department determines that:

(1) Based on 4 consecutive quarterly samples, the level of vinyl chloride is reliably and consistently below the MCL; and

(2) The PWS is not operating any type of treatment to reduce the amount of vinyl chloride.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.05)

N.H. Code Admin. R. Ann. Env-Dw 712.07 Laboratory Methods and Sampling Protocol for VOC Contaminants

(a) Analyses for VOC contaminants shall be conducted only by laboratories that are accredited by the department for such analyses pursuant to Env-C 300.

(b) Samples to be analyzed for VOC contaminants shall be collected in accordance with the protocol specified in 40 CFR 141.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.06)

N.H. Code Admin. R. Ann. Env-Dw 712.08 Compliance Determination for VOC Contaminants

(a) Compliance with Env-Dw 705.01 shall be determined based on the analytical results obtained at each sampling point identified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) For a PWS at which monitoring is conducted at a frequency greater than annually, the following shall apply:

(1) The department shall determine compliance based on a running annual average, as defined in Env-Dw 100, of all samples collected at each sampling point;

(2) If the running annual average of any sampling point is greater than the MCL, the PWS shall be out of compliance; and

(3) If any sample result is more than 4 times the MCL at any sample point, the PWS shall be out of compliance.

(c) For purposes of determining the running annual average, any sample below the detection limit shall be calculated as zero.

(d) If monitoring is conducted annually or less frequently, the PWS shall be out of compliance if the level of a VOC contaminant at any sampling point is greater than the MCL. If confirmation samples are required by Env-Dw 712.04, the determination of compliance shall be based on the average of the initial and confirmation samples.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.07)

N.H. Code Admin. R. Ann. Env-Dw 712.09 Recordkeeping and Reporting for VOC Contaminants; Limiting Public Notice

(a) An O/O shall:

(1) Maintain records as specified in Env-Dw 718; and

(2) Report monitoring results for VOC contaminants as specified in Env-Dw 719.

(b) If a PWS has a distribution system with portions that are hydraulically separate from other parts of the distribution system, the O/O may request approval from the department pursuant to Env-Dw 801 to limit the public notice to only that area hydraulically served by that portion of the PWS which is out of compliance.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.08)

N.H. Code Admin. R. Ann. Env-Dw 712.10 Monitoring Location for SOC Contaminants

(a) The O/O of a PWS supplied by a groundwater source shall collect at least one sample to be analyzed for the health-related regulated synthetic organic chemical (SOC) contaminants listed in Env-Dw 705.02 at every entry point to the distribution system, which entry point is representative of each well after treatment, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) The O/O of a PWS supplied by a surface water source or a combination of surface water and groundwater shall collect at least one sample to be analyzed for SOCs at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(c) If the O/O believes that conditions make another sampling point more representative of a source, treatment plant or distribution system, the O/O shall request a change in sampling location pursuant to Env-Dw 708.04.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.09)

N.H. Code Admin. R. Ann. Env-Dw 712.11 Monitoring Frequency for SOC Contaminants

(a) The O/O of a community water system or non-transient, non-community water system shall monitor for SOCs on an annual basis, except that monitoring shall not be required for aldicarb, aldicarb sulfoxide, or aldicarb sulfone.

(b) The O/O of a community water system or non-transient non-community water system at which no SOC listed in Env-Dw 705.02 is detected may apply to the department for a waiver from the requirement of this section as specified in Env-Dw 712.21.

(c) The department shall reduce the sampling frequency to a minimum of one sample every 3 years or every 6 years if a waiver is granted pursuant to Env-Dw 712.21.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.10)

N.H. Code Admin. R. Ann. Env-Dw 712.12 Revised Monitoring for SOC Contaminants

(a) If any SOC listed in Env-Dw 705.02 is detected in any sample, the department shall revise the sampling requirements to quarterly for that contaminant at each representative sampling site.

(b) The revised monitoring schedule for each source for the particular contaminant shall continue until the concentration of the contaminant in each source is reliably and consistently below the MCL.

(c) The O/O may submit a written request as specified in (d), below, for the monitoring frequency to be reduced after a minimum of 4 consecutive quarterly samples for surface water systems or 2 consecutive quarterly samples for groundwater systems.

(d) A written request submitted pursuant to (c), above, shall contain:

(1) The name of the PWS;

(2) The PWS identifier for the PWS;

(3) A summary of all sampling results; and

(4) Whether any type of treatment to reduce SOC contaminants has been or is being used by the PWS.

(e) The department shall reinstate annual monitoring for SOC contaminants in response to a request submitted pursuant to (d), above, if the department determines that:

(1) Based on 4 consecutive quarterly samples, the level of SOC contaminant(s) previously detected is reliably and consistently below the MCL; and

(2) The PWS is not operating any type of treatment to reduce the amount of SOC contaminants.

(f) A PWS that monitors annually shall monitor during the quarter in which the highest analytical results occurred.

(g) A PWS which has 3 consecutive annual samples with no detection of an SOC contaminant may apply to the department for a waiver as specified in Env-Dw 712.21.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.11)

N.H. Code Admin. R. Ann. Env-Dw 712.13 Laboratory Methods and Sampling Protocol for SOC Contaminants

(a) Analysis for SOCs shall be conducted only by laboratories that are accredited by the department for such analyses pursuant to Env-C 300.

(b) Samples to be analyzed for SOC contaminants shall be collected in accordance with the protocol specified in 40 CFR 141.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.12)

N.H. Code Admin. R. Ann. Env-Dw 712.14 Compliance Determination for SOC Contaminants; Limiting Public Notice

(a) Compliance with Env-Dw 705.02 shall be determined using the analytical results obtained at each sampling point which is an entry point to the distribution system, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) For any PWS that conducts monitoring at a frequency greater than annually, the department shall determine compliance by calculating a running annual average of all samples collected at each sampling point. If the annual average of any sampling point is greater than the MCL, then the department shall identify the PWS as out of compliance.

(c) If monitoring is conducted annually or less frequently, then the department shall identify the PWS as being out of compliance if the level of a contaminant at any sampling point is greater than the MCL.

(d) If a PWS has a distribution system with portions that are hydraulically separate from other parts of the distribution system, the O/O may request approval from the department pursuant to Env-Dw 801 to limit the notice to only that portion that is out of compliance.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.13)

N.H. Code Admin. R. Ann. Env-Dw 712.15 Recordkeeping and Reporting for SOC Contaminants

An O/O shall:

(a) Maintain records as specified in Env-Dw 718; and

(b) Report monitoring results for SOC contaminants as specified in Env-Dw 719.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.14)

N.H. Code Admin. R. Ann. Env-Dw 712.16 Monitoring for Endrin

(a) The O/O of a CWS or NTNC shall conduct monitoring for the pesticide endrin for purposes of determining compliance with the MCL in accordance with this section.

(b) The O/O shall collect samples to be analyzed for endrin if endrin has been used:

(1) In the watershed of the surface water, for a system using surface water alone or in combination with groundwater; or

(2) Within the recharge area of the system’s well or wells, for a system using only groundwater.

(c) Samples shall be taken and analyzed during June through September, when contamination by pesticides is most likely to occur, at the intervals specified in the sampling schedule established pursuant to Env-Dw 708.01, which shall be no less frequently than at 3-year intervals.

(d) If the level of endrin exceeds the MCL, the O/O shall:

(1) Report the exceedance to the department within 7 days; and

(2) Conduct 3 additional analyses within one month.

(e) If the average of the original result and the 3 results obtained pursuant to (d), above, rounded to the same number of significant figures as the MCL, exceeds the MCL, the O/O shall:

(1) Report to the department pursuant to Env-Dw 719; and

(2) Give notice to the public pursuant to Env-Dw 800.

(f) After giving public notification pursuant to (e)(2), above, the O/O shall continue to monitor for endrin until the MCL has not been exceeded in 2 successive samples or until a monitoring schedule as a condition to a variance, exemption, or enforcement action becomes effective.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.15)

N.H. Code Admin. R. Ann. Env-Dw 712.17 PCB Monitoring

(a) The O/O of a CWS or NTNC that is vulnerable to PCB contamination due to the current or historical presence of electrical transformers in which PCBs may be present shall collect one sample from the source during the pump test required by Env-Dw 301 or Env-Dw 302, as applicable, and analyze each sample using method 505 or 508 specified in 40 CFR 141.24.

(b) If PCBs, as one of 7 Aroclors, are detected in an initial pump test sample, the O/O shall reanalyze the sample using method 508A specified in 40 CFR 141.24.

(c) The department shall determine compliance with the PCB MCL based on the quantitative results of analyses using method 508A.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.16)

N.H. Code Admin. R. Ann. Env-Dw 712.18 Monitoring and Compliance Determination for Disinfection Byproducts

(a) The O/O of a community water system shall monitor for disinfection byproducts as specified in Env-Dw 715.

(b) Compliance with the disinfection byproduct monitoring requirements shall be as specified in Env-Dw 715.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.17)

N.H. Code Admin. R. Ann. Env-Dw 712.19 Monitoring for Acrylamide and Epichlorohydrin

Each O/O shall certify annually in writing to the department that when acrylamide and epichlorohydrin are used in drinking water systems, the combination of dose and monomer level does not exceed the levels specified in Env-Dw 705.05.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.18)

N.H. Code Admin. R. Ann. Env-Dw 712.20 VOC Contaminants Monitoring Waivers

(a) The O/O of a community water system or a non-transient non-community water system who wishes to request a waiver or reduction in monitoring requirements for one or more VOC contaminants, where authorized by Env-Dw 712.02, shall submit the following information in writing to the department in the paper or electronic format provided by the department to facilitate the submission of the information:

(1) The name of the PWS;

(2) The location, including street address, of the PWS;

(3) The PWS identifier for the PWS;

(4) The name, mailing address, daytime telephone number including area code, and email address or fax number of the PWS owner and operator;

(5) The name, daytime telephone number including area code, and e-mail address or fax number of the individual who completed the application;

(6) The name, mailing address, daytime telephone number including area code, and email address or fax number of the individual responsible for distributing educational materials on behalf of the PWS;

(7) For each system source, the type and location of the source;

(8) The results of all VOC analyses for each source within one year of the waiver request; and

(9) Source water protection area information including:

a. The maximum daily withdrawal volume;

b. Identification of known and potential contamination sources, as defined in Env-Dw 305.12, within the source water protection area; and

c. Identification of land uses for the following areas:

For wells, within the sanitary protective area established in accordance with Env-Dw 301, Env-Dw 302, Env-Dw 405, or Env-Dw 406, as applicable, or predecessor rules in Env-Ws 378, Env-Ws 379, Env-Ws 372, or Env-Ws 373, respectively; and
For surface water sources, within the source water intake protection area.

(b) The request shall be signed by the individuals identified pursuant to (a)(4) and (5), above. Such signatures shall constitute certification that the information provided is true, complete, and not misleading to the signer’s knowledge and belief.

(1) Has not resolved or does not have or is not implementing a corrective action plan approved pursuant to Env-Dw 720.11 for each significant deficiency identified by the department in accordance with Env-Dw 717 or Env-Dw 720;

(2) Has not corrected or is not in the process of correcting each deficiency or violation identified in an administrative order or letter of deficiency issued by the department;

(3) Does not have an active primary water system operator as required by Env-Dw 502;

(4) Has not paid its permit-to-operate fee as specified in Env-Dw 501;

(5) Is not in compliance with the lead and copper requirements specified in Env-Dw 714;

(6) Is not in compliance with the emergency plan requirements specified in Env-Dw 503.21, if applicable;

(7) Is not in compliance with the consumer confidence report requirements specified in Env-Dw 811, if applicable;

(8) Is not in compliance with the monitoring requirements specified in Env-Dw 710 through Env-Dw 713;

(9) Has submitted an incomplete request or a request that contains false information; or

(10) Has received a new well approval letter from the department that states the system is not eligible for a VOC waiver pursuant to Env-Dw 305.29(e).

(d) No VOC monitoring waiver shall be granted if:

(1) Within the sanitary protective area there is:

a. Any structure of any size or type from which there is a discharge to the ground or groundwater of any substance other than potable water from hydrants, blow-offs, sampling taps, or other such structures;

b. Any structure of any size or type, other than the pump house, in which regulated substances as defined in Env-Wq 401 are stored, used, or handled, other than chemicals or other substances necessary for treatment processes in the pump house;

c. One or more disposal systems for solid waste or wastewater, such as dumpsters or septic tanks, grease traps, or effluent disposal areas; or

d. One or more above-ground storage tanks (ASTs) or underground storage tanks (USTs) for hazardous chemicals or petroleum products such as oil, gasoline, propane, or natural gas, other than:

A tank used exclusively to store potable water treatment chemicals;
An interior home heating oil tank located within an intact concrete structure such as a basement;
An exterior home heating oil tank located on an impervious surface with a roof, secondary containment, and protection from collision; or
An AST used to store propane or natural gas only, that is in compliance with Env-Or 300, if applicable, or applicable fire safety requirements;

(2) The well or surface water intake is within 50 feet of a parking lot;

(3) The well is within 25 feet of a trail used by off-highway recreational vehicles as defined in RSA 215-A:1, VI (OHRV), or snowmobiles as defined in RSA 251-A:1, XIII, or both;

(4) The surface water intake is within 200 feet of a trail used by OHRV or snowmobiles, or both;

(5) There is a known source of contamination within the source water protection area that has not been designated as closed or inactive by the department;

(6) The PWS is on mandatory VOC sampling pursuant to Env-Dw 712.05(a) or an administrative order;

(7) The source has had a detection of a regulated VOC within the previous 3 years;

(8) There is an on-site VOC treatment system;

(9) Within 1,000 feet of the well or surface water intake and within the source water protection area, there is:

a. A junk yard as defined in RSA 236:112; or

b. One or more ASTs or USTs that contain(s) petroleum products or other regulated substances, except propane; or

(10) There is confirmed detection of MTBE at any level in any public or private drinking or monitoring well located within 1,000 feet of the well or surface water intake within the past 3 years.

(e) The department shall grant a 3-year VOC waiver if none of the disqualifying conditions identified in (c) or (d), above, are present.

History

#12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 712.21 SOC Contaminants Monitoring Waivers

(a) The O/O of a community water system or a non-transient non-community water system who wishes to request a waiver or reduction in monitoring requirements for one or more SOC contaminants, where authorized by Env-Dw 712.11(b), shall submit the following information in writing to the department in the paper or electronic format provided by the department to facilitate the submission of the information:

(1) The information required by Env-Dw 712.20(a)(1)-(7) and (9); and

(2) The results of all SOC contaminant analyses for each source within one year of the waiver request.

(b) The request shall be signed by the individuals identified pursuant to Env-Dw 712.20(a)(4) and (5). Such signatures shall constitute certification that the information provided is true, complete, and not misleading to the signer’s knowledge and belief.

(1) Any of the circumstances specified in Env-Dw 712.20(c)(1)-(9) are present;

(2) The O/O has received a new well approval letter from the department that states the system is not eligible for an SOC contaminant waiver, pursuant to Env-Dw 305.29(e);

(3) The PWS is on a mandatory SOC contaminant sampling program pursuant to Env-Dw 712.12(a);

(4) There is an on-site SOC contaminant treatment system;

(5) There is a solid waste facility as regulated under RSA 149-M and subtitle Env-Sw within the source water protection area; or

(6) The source has had a detection of a regulated SOC contaminant within the previous 3 years.

(d) The department shall grant a 6-year SOC contaminant monitoring waiver if none of the disqualifying conditions identified in (c), above, are present and the well or surface water intake is not:

(1) Within a pesticide application area;

(2) Located under a power line; or

(3) Within 50 feet of an active railroad.

(e) The department shall grant a 3-year SOC waiver if:

(1) None of the disqualifying conditions identified in (c), above, are present; and

(2) If the source is located under a power line, the O/O has obtained an agreement and consent for joint use with the owner of the power line to not use SOCs in the sanitary protective area.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.19)

N.H. Code Admin. R. Ann. Env-Dw 712.22 VOC and SOC Contaminants Monitoring Waivers: Duration, Conditions, Renewal, Revocation

(a) A waiver shall be valid for the applicable time established in Env-Dw 712.20(e) or Env-Dw 712.21(d) or (e), as applicable, from the date of the most recent sampling for the contaminant for which the waiver is granted.

(b) As a condition of any waiver granted under Env-Dw 712.20(e) or Env-Dw 712.21(d) or (e), as applicable, the O/O shall distribute educational materials provided by the department within 30 days of the date of the waiver approval and at least once every 3 years thereafter to:

(1) Residents within the source water protection area; and

(2) Owners of known and potential contamination sources within the source water protection area.

(c) If requested by the O/O, the department shall grant an extension of the time limit established in (b), above, for not more than 45 days.

(d) The O/O shall certify to the department that the educational materials have been distributed as required by (b), above, before the due date established pursuant to (b) or (c), above, as applicable.

(e) As a condition of any waiver granted under this section for sources producing greater than 57,600 gpd and for systems that serve 1,000 people or more, the O/O shall conduct inspections of all potential contamination sources to ensure compliance with the best management practices specified in Env-Wq 401 at least once every 3 years and within 6 months of the renewal due date.

(f) If an O/O wishes to continue to operate under a VOC contaminant monitoring waiver or an SOC contaminant monitoring waiver, the O/O shall, prior to the expiration of the existing waiver, submit to the department:

(1) A request for renewal that includes the information specified in Env-Dw 712.20(a) or Env-Dw 712.21(a), as applicable; and

(2) A certification that the inspections required by (e), above, if applicable, have been completed.

(g) The department shall initiate an adjudicative proceeding in accordance with the relevant sections of RSA 541-A and Env-C 200 to revoke a VOC contaminant monitoring waiver or an SOC contaminant monitoring waiver if:

(1) The department receives SOC or VOC contaminant monitoring results with detections after the waiver has been granted;

(2) Any of the criteria in Env-Dw 712.20(c) are met;

(3) The department receives credible information that public health could be compromised by reduced sampling, for example because a contaminant covered by the waiver has been detected on adjacent property; or

(4) The educational mailing required by (b), above, has not been undertaken by the deadline established in the waiver request approval letter or the O/O has not provided the certification required by (f)(2), above, by the established deadline.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.19)

N.H. Code Admin. R. Ann. Env-Dw 712.23 Initial Monitoring for Per- and Polyfluoroalkyl Substances (PFAS) Contaminants

(a) Beginning with the first quarter following the 2019 effective date of this section, the O/O of an existing community water system or existing non-transient, non-community water system shall collect 4 consecutive quarterly samples for the per- and polyfluoroalkyl substances contaminants listed in Env-Dw 705.06 at each sampling point identified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) Beginning with the first quarter following the initiation of operations of a new community water system or new non-transient, non-community water system, the O/O shall collect 4 consecutive quarterly samples for the PFAS contaminants listed in Env-Dw 705.06 at each sampling point identified in the sampling schedule established pursuant to Env-Dw 708.01.

(c) If the results of the samples from the first 2 quarters are below the detection limits specified in Env-Dw 712.28(c), the O/O may submit a written request to the department for the monitoring frequency to be reduced.

(d) A written request submitted pursuant to (c), above, shall include the following:

(1) The name of the PWS;

(2) The PWS identifier for the PWS; and

(3) A summary of the historical PFAS data from the system and nearby systems, when available.

(e) If the department determines that the results are all below the detection limits listed in Table 712-2, the final 2 quarters of the initial monitoring shall be waived and the monitoring frequency shall be as specified in Env-Dw 712.24.

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 712.24 Monitoring Frequency for PFAS Contaminants

(a) Subsequent to the initial monitoring required by Env-Dw 712.23 and subject to Env-Dw 712.26, the O/O shall monitor for all PFAS contaminants based on the PFAS contaminant with the most frequent monitoring period calculated from the average of the results of the initial monitoring required by Env-Dw 712.23, as specified in Table 712-1, below, and as demonstrated in Appendix D for specific PFAS contaminants:

Table 712-1: Monitoring Frequency Based on PFAS Contaminant Concentrations

Average Monitoring Result (ng/L)

Frequency

Greater than 50% of MCL to 100% of MCL

Annually

50% of MCL or less

Once every 3 years

(b) If the average monitoring result exceeds 100% of the MCL, the O/O shall monitor as specified in Env-Dw 712.27.

(d) Subsequent sample results shall be used to establish future PFAS contaminant sampling schedules using the shortest PFAS monitoring period specified in Table 712-1.

(e) Based on a review of the submitted results, the department shall:

(1) Modify the system’s schedule in accordance with Table 712-1 or (b), above, as applicable; and

(2) Notify the O/O in writing of the new monitoring requirements.

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 712.25 Monitoring Location for PFAS Contaminants

(a) The O/O of a PWS supplied by a groundwater source shall collect at least one sample to be analyzed for PFAS contaminants at every entry point to the distribution system. Each entry point shall be representative of each well after treatment, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) The O/O of a PWS supplied by a surface water source or a combination of surface water and groundwater shall collect at least one sample to be analyzed for PFAS contaminants at points in the distribution system that are representative of each source or at each entry point to the distribution system after treatment, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(c) If the O/O believes that conditions make another sampling point more representative of a source, treatment plant, or distribution system for purposes of sampling for PFAS contaminants, the O/O shall request a change in sampling location for such contaminants pursuant to Env-Dw 708.04.

(d) If a PWS obtains water from more than one source and the sources are combined prior to entering the distribution system, the O/O shall collect the samples to be analyzed for PFAS contaminants at an entry point to the distribution system during periods of normal operating conditions, when water from all sources is being used.

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 712.26 Confirmation Sampling for PFAS Contaminants

(a) Subject to (c), below, if a PFAS contaminant is detected in a representative sample at a level greater than 50% of the MCL, the O/O shall:

(1) Collect a confirmation sample under the same contributing conditions within 14 days of being notified of the result; and

(2) Have the sample analyzed for the contaminant(s) detected.

(b) If a confirmation sample is required pursuant to (a) above, the results of the initial and confirmation samples shall be averaged to determine compliance with the MCL specified in Env-Dw 705.06.

(c) If results from the sampling point or the contributing sources have historically demonstrated the presence of that PFAS contaminant at a level greater than 50% of the MCL, then:

(1) A confirmation sample shall not be required; and

(2) The monitoring frequency for the approved sampling point shall be determined pursuant to Env-Dw 712.24 or Env-Dw 712.27, as applicable.

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 712.27 Increased Monitoring for PFAS Contaminants

The O/O shall collect and analyze quarterly PFAS samples at all sampling points if:

(a) The running annual average for any PFAS contaminant at the sampling point is above the applicable MCL; or

(b) The PWS is operating any type of treatment to reduce the amount of a PFAS contaminant.

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 712.28 Laboratory Methods, Sampling Protocols, and Detection Limits for PFAS Contaminants

(a) Analysis for PFAS contaminants shall be conducted only by laboratories that are accredited by the department for such analyses pursuant to Env-C 300.

(b) Samples to be analyzed for PFAS contaminants shall be collected in accordance with the protocol specified in the sample analysis method approved per Env-Dw 707.06.

Table 712-2: Detection Limits for PFAS Contaminants

PFAS Contaminant

Detection Limit

Perfluorohexane sulfonic acid (PFHxS)

2 ng/L

Perfluorononanoic acid (PFNA)

2 ng/L

Perfluorooctane sulfonic acid (PFOS)

2 ng/L

Perfluorooctanoic acid (PFOA)

2 ng/L

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 712.29 Compliance Determination for PFAS Contaminants; Limiting Public Notice

(a) Compliance with Env-Dw 705.06 shall be determined using the analytical results obtained at each sampling point that is an entry point to the distribution system, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) For any PWS that conducts monitoring for PFAS contaminants at a frequency greater than annually, the department shall determine compliance by calculating a running annual average of all samples collected at each sampling point. If the annual average of any sampling point is greater than the MCL, then the department shall identify the PWS as out of compliance.

(c) If monitoring for PFAS contaminants is conducted annually or less frequently, then the department shall identify the PWS as being out of compliance if the level of a PFAS contaminant at any sampling point is greater than the MCL.

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 712.30 Recordkeeping and Reporting for PFAS Contaminants

An O/O shall:

(a) Maintain records of PFAS contaminant analyses for not less than 10 years and as specified in Env-Dw 718; and

(b) Report monitoring results for PFAS contaminants as specified in Env-Dw 719.

History

#12838, eff 9-30-19

Part Env-Dw 713 Monitoring for Secondaries

N.H. Code Admin. R. Ann. Env-Dw 713.01 Monitoring for Regulated Secondaries

The O/O of a community water system or non-transient, non-community water system shall monitor to determine compliance with the secondary MCLs (SMCLs) specified in Env-Dw 706, as applicable, in accordance with this part.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 713.02 Monitoring Location for Secondaries

(a) The O/O of a PWS supplied by a groundwater source shall collect at least one sample to be analyzed for secondaries at every entry point to the distribution system which is representative of each well after treatment, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(b) The O/O of a PWS supplied by a surface water source or a combination of surface water and groundwater shall collect at least one sample at every entry point to the distribution system after any application of treatment or in the distribution system at a point which is representative of each source after treatment, as specified in the sampling schedule established pursuant to Env-Dw 708.01.

(c) If the O/O believes that conditions make a sampling point other than that established in the sampling schedule more representative of each source or treatment plant, the O/O shall request a change in sampling location pursuant to Env-Dw 708.04.

(d) If a PWS draws water from more than one source and the sources are combined before distribution, the O/O shall sample at an entry point to the distribution system during periods of normal operating conditions, when water is representative of all sources being used.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 713.03 Frequency of Monitoring for Secondaries

The O/O of a community water system or non-transient, non-community water system shall monitor for compliance with the SMCLs listed in Env-Dw 706 once every 3 years.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 713.04 Sampling Protocol for Secondaries

Samples to be analyzed for compliance with SMCLs shall be collected in accordance with the protocol specified in 40 CFR 141 or 143, as applicable.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 713.05 Increased Monitoring for Secondaries after an Exceedance

The O/O of a community water system or non-transient, non-community water system where an SMCL is exceeded and consumer complaints have been documented shall monitor based on a schedule established by the department in accordance with Env-Dw 708.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 713.06 Annual Fluoride Public Notice for SMCL Exceedance

(a) The O/O of a system where the SMCL for fluoride is exceeded shall provide annual public notice as specified in Env-Dw 800.

(b) The public notice shall list the most recent sample result(s) used to determine compliance.

History

#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 713.07 Recordkeeping and Reporting for Secondaries

The O/O shall:

(a) Maintain records as specified in Env-Dw 718; and

(b) Report SMCL monitoring results as specified in Env-Dw 719.

History

#9700, eff 5-1-10; ss by #12668, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 713.08 Monitoring and Reporting for Sodium

(a) The O/O of a community water system or non-transient non-community water system shall collect and analyze one sample per plant at the entry point of the distribution system, as specified in the sampling schedule established pursuant to Env-Dw 708.01, for the determination of sodium concentration levels.

(b) Samples shall be collected and analyzed:

(1) Annually, for systems using surface water sources in whole or in part; and

(2) Subject to (c), below, once every 3 years for systems using groundwater only.

(c) The department shall establish a more frequent monitoring schedule for a system using groundwater only if a source is in a location where the sodium content is variable.

(d) Subject to (e), below, the O/O shall report the results of the analyses for sodium to the department within the earlier of:

(1) The first 10 days of the month following the month in which the sample results were received; or

(2) The first 10 days following the end of the required monitoring period.

(e) If more than annual sampling is required, the O/O shall report the average sodium concentration within 10 days of the month following the month in which the analytical results of the last sample used for the annual average was received.

(f) Subject to (g), below, the O/O shall send:

(1) A written notice of the sodium levels to appropriate local and state public health officials by direct mail within 3 months; and

(2) A copy of each notice required to be provided by (1), above, to the department within 10 days of its issuance.

(g) The O/O shall not be required to send the notice required by (f), above, if the department provides such notices in lieu of the supplier pursuant to Env-Dw 801.

History

#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668, eff 1-1-19

Part Env-Dw 714 Control of Lead and Copper

N.H. Code Admin. R. Ann. Env-Dw 714.01 Purpose and Applicability

Statutory Authority: RSA 485:2, V

(a) The purpose of the rules in this part is to implement 40 CFR 141 Subpart I, Control of Lead and Copper, by establishing a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education, as specified in 40 CFR 141 §§80-91, also called Subpart I, which, pursuant to 40 CFR §141.1, constitute the national primary drinking water requirements for lead and copper. The requirements in this part are triggered, in some cases, by the level of lead or copper, or both, exceeding the lead action level or copper action level, or both, as applicable, when measured in samples collected at consumers’ water taps.

(b) The requirements of this part shall apply to every public water system (PWS) that is a community water system (CWS) or a non-transient non-community water system (NTNC), collectively referred to in this part as a water system.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.02 Definitions

(a) As used in this part, the following terms shall be defined as follows:

(1) “Date of action level exceedance” means the date the department sends notice to the water system O/O, which shows that the lead action level is exceeded, the copper action level is exceeded, or both action levels are exceeded;

(2) “Optimal corrosion control treatment” means “optimal corrosion control treatment” as defined in 40 CFR 141.2, 7-1-16, as reprinted in Appendix B;

(3) “Optimal water quality parameters” means the water quality parameters and ranges required to maintain corrosion control treatment;

(4) “Reduced water quality monitoring” means reduced monitoring as described in 40 CFR §141.87(e);

(5) “Routine water quality monitoring” means the monitoring required after an approved corrosion control treatment is installed;

(6) “Source water sample” means a sample collected at every entry point to the distribution system of groundwater or surface water, which is representative of the source(s) after treatment, if any.

(b) The following terms used in this part shall be as defined in 40 CFR §141.2, 7-1-16 edition, reprinted in Appendix B:

(1) “Large water system”;

(2) “Medium-sized water system”; and

(3) “Small water system”.

(c) Where 40 CFR 141 provisions are adopted by reference in this part, terms used in such provisions shall be as defined in 40 CFR §141.2, 7-1-16 edition, unless otherwise defined in this part.

(d) All other terms shall be as defined in RSA 485 or Env-Dw 100.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.03 Exceedance of Lead Action Level; Exceedance of Copper Action Level

(a) As specified in 40 CFR §141.80(c)(1), 7-1-16 edition, the lead action level shall be deemed exceeded if the concentration of lead in more than 10% of tap water samples collected in accordance with Env-Dw 714.08 during any monitoring period is greater than 0.015 mg/L, that is, if the 90th percentile as computed pursuant to (c), below, is greater than 0.015 mg/L.

(b) As specified in 40 CFR §141.80(c)(2), 7-1-16 edition, the copper action level shall be deemed exceeded if the concentration of copper in more than 10% of tap water samples collected in accordance with Env-Dw 714.08 during any monitoring period is greater than 1.3 mg/L, that is, if the 90th percentile as computed pursuant to (c), below, is greater than 1.3 mg/L.

(c) The 90th percentile lead and copper levels shall be computed as specified in 40 CFR §141.80(c)(3)(i) through (v), 7-1-16 edition.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.04 Requirements for Corrosion Control and Source Water Treatment and Monitoring

In addition to any other requirements in this part that apply:

(a) The O/O of each large water system that is subject to this part shall comply with the applicable source water monitoring and treatment, tap water monitoring, water quality parameter monitoring and treatment requirements, and corrosion control treatment requirements specified in 40 CFR §141.81 through §141.83 and 40 CFR §141.86 through §141.88, 7-1-16 edition.

(b) The O/O of each small or medium-sized water system that is subject to this part, at which the lead and/or copper action level is exceeded, shall comply with the applicable source water monitoring and treatment, tap water monitoring, water quality parameter monitoring and treatment requirements, and corrosion control treatment requirements specified in 40 CFR §141.81 through §141.83 and 40 CFR §141.86 through §141.88, 7-1-16 edition, subject to the following:

(1) The water system O/O shall perform corrosion control studies within 12 months of the date of action level exceedance;

(2) The water system O/O shall demonstrate that optimized corrosion control treatment has been achieved within 24 months of the date of action level exceedance; and

(3) As specified in Env-Dw 714.08, the water system O/O shall conduct tap water monitoring in accordance with 40 CFR §141.86, whether or not a lead and/or copper action level has been exceeded, but only when the provisions of 40 CFR §141.86 so require.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.05 Lead Service Line Replacement Requirements

The O/O of any water system that is subject to this part at which the lead action level is still exceeded after implementation of applicable corrosion control and source water treatment requirements shall comply with the lead service line replacement requirements specified in 40 CFR §141.84, 7-1-16 edition.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.06 Customer Notification and Public Education Requirements

(a) The O/O of a water system that is subject to this part shall:

(1) Comply with the lead tap water monitoring results notification and other requirements of 40 CFR §141.85, 7-1-16 edition; and

(2) Provide documentation to the department of consumer notification as specified in Env-Dw 714.07.

(b) The O/O of a water system that is subject to this part at which the lead action level is exceeded shall comply with the public education requirements as specified in 40 CFR §141.85, 7-1-16 edition, except that public education deadlines shall be calculated from the date of action level exceedance.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.07 Reporting Requirements

The O/O of a water system that is subject to this part shall comply with the reporting requirements specified in 40 CFR §141.90, 7-1-16 edition.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.08 Monitoring Requirements for Lead and Copper in Tap Water

The O/O of a water system that is subject to this part shall comply with the tap water monitoring requirements for lead and copper specified in 40 CFR §141.86, 7-1-16 edition, provided that the samples shall be taken at the sampling points specified in the sampling schedule established pursuant to Env-Dw 708.01 through Env-Dw 708.04.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.09 Monitoring Requirements for Water Quality Parameters

(a) The O/O of a water system that is subject to this part shall comply with the monitoring requirements for water quality parameters specified in 40 CFR §141.87, 7-1-16 edition, as modified by Table 714-1, below, subject to the notes in (b), below:

Table 714-1: Summary of Monitoring Requirements for Water Quality Parameters

Monitoring period; Location

Parameters

Frequency

Initial water quality monitoring:

Taps
Entry point(s) to distribution system
pH
alkalinity
conductivity
water temperature
calcium ^A
orthophosphate ^B
silica ^C

As specified in 40 CFR §141.87, except that the frequency shall be twice in 90 days after the date of action level exceedance

Routine water quality monitoring:

Taps
pH
alkalinity
calcium ^A
orthophosphate ^B
silica ^C

As specified in 40 CFR §141.87, except that the frequency shall be every 3 months for parameters to be reported twice during each monitoring period

Entry point(s) to distribution system
pH
alkalinity ^D
inhibitor ^E

No less frequently than every 2 weeks

Optimal water quality parameters:

Taps
pH
alkalinity
calcium ^A

orthophosphate ^B

silica ^C

Every 6 months

Entry points(s) to distribution system
pH
alkalinity^D
inhibitor ^E

No less frequently than every 2 weeks ^F

Reduced water quality monitoring:

Taps
pH
alkalinity
calcium ^A
orthophosphate ^B
silica ^C

Every 6 months, annually or every 3 years; reduced number of sites

Entry point(s) to distribution system
pH
alkalinity^D
inhibitor ^E

No reductions; continues no less frequently than every 2 weeks ^F

(b) The following notes shall apply to Table 714-1:

(1) “A” means that calcium analysis is required only if calcium carbonate stabilization is used as part of corrosion control;

(2) “B” means that orthophosphate analysis is required only if an inhibitor containing a phosphate compound is used;

(3) “C” means that silica analysis is required only if an inhibitor containing a silicate compound is used;

(4) “D” means that analysis of the dosage rate of the chemical used to adjust alkalinity and the alkalinity concentration is required only if alkalinity is adjusted as part of corrosion control;

(5) “E” means that analysis of the dosage rate of the inhibitor used and the concentration of orthophosphate or silica, as applicable, is required only if a corrosion inhibitor is used as part of corrosion control; and

(6) “F” means that the system O/O shall maintain a log which identifies, for each sample taken, the date the sample was taken, the sampling location, and the result.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.10 Monitoring Requirements for Lead and Copper in Source Water

The O/O of a water system that is subject to this part shall:

(a) Comply with the monitoring requirements for lead and copper in source water at every entry point to the distribution system as specified in 40 CFR §141.88, 7-1-16 edition; and

(b) Collect and submit to the department a confirmation sample for any sampling location for which the monitoring result shows either lead at or above 0.015 mg/L or copper at or above 1.3 mg/L, or both.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.11 Analytical Requirements

All analyses required by this part shall be done in compliance with the analytical requirements specified in 40 CFR §141.89, 7-1-16 edition.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

N.H. Code Admin. R. Ann. Env-Dw 714.12 Recordkeeping Requirements

The O/O of a water system that is subject to this part shall:

(a) Comply with the recordkeeping requirements of 40 CFR §141.91, 7-1-16 edition, as reprinted in Appendix B; and

(b) Maintain monthly optimized water quality parameter logs for the life of the corrosion control treatment and make such logs available to the department for review.

History

#9859, eff 2-8-11; ss by #12181, eff 5-23-17

Part Env-Dw 715 Disinfection Residuals, Byproducts, and Byproduct Precursors

N.H. Code Admin. R. Ann. Env-Dw 715.01 Purpose

The purpose of these rules is to establish procedures and standards for the control of disinfectant residuals, disinfection byproducts, and disinfection byproduct precursors by public water system O/Os, as specified in 40 CFR 141 Subpart L, §§130-135, 40 CFR 141 Subpart U, §§600-605, and 40 CFR 141 Subpart V, §§620-629, which, pursuant to 40 CFR 141.1, constitute national primary drinking water requirements.

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 715.02 Applicability

This part shall apply to:

(a) Each community water system or non-transient non-community water system at which any chemical disinfectant, including chlorine dioxide, is added to the water in any part of the treatment process; and

(b) Each transient non-community water system at which chlorine dioxide is added as a disinfectant or oxidant to the water in any part of the treatment process.

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 715.03 Definitions

(a) “Combined distribution system” means “combined distribution system” as defined in 40 CFR § 141.2, reprinted in Appendix B.

(b) “Conventional filtration” means “conventional filtration treatment” as defined in 40 CFR § 141.2, reprinted in Appendix B.

(d) “GAC10” means “GAC10” as defined in 40 CFR § 141.2, reprinted in Appendix B.

(e) “GAC20” means “GAC20” as defined in 40 CFR § 141.2, reprinted in Appendix B.

(f) “Locational running annual average” means “locational running annual average” as defined in 40 CFR § 141.2, reprinted in Appendix B.

(g) “PWS subject to this part” means a public water system that is in one of the categories listed in Env-Dw 715.02.

(h) “Wholesale system” means “wholesale system” as defined in 40 CFR § 141.2, reprinted in

Appendix B.

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 715.04 Increasing Residual Disinfectant Levels

Notwithstanding the maximum residual disinfectant levels (MRDLs) specified in Env-Dw 700, the O/O of a PWS subject to this part may increase the distribution system residual disinfectant levels of chlorine or chloramines, but not chlorine dioxide, pursuant to 40 CFR § 141.130(d).

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 715.05 Analytical Requirements

The O/O of a PWS subject to this part shall conduct analyses as specified in 40 CFR § 141.131.

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 715.06 Monitoring Requirements

(a) The O/O of a PWS subject to this part shall conduct sampling and monitoring as specified in 40 CFR § 141.132 and § 141.133.

(b) Multiple wells for which a disinfectant is added at multiple separate points shall be considered as one treatment plant for determining the minimum number of TTHM and HAA5 samples specified in 40 CFR § 141.132, in accordance with the following criteria:

(1) Routine monitoring at a frequency specified in 40 CFR § 141.132 shall have been performed for a minimum of one year;

(2) Running annual average results shall be less than 0.040 mg/L for TTHM and less than 0.030 mg/L for HAA5;

(3) For overburden wells, multiple wells shall be located within the same aquifer as determined using the stratified drift aquifer mapping of the U.S. Geological Survey;

(4) For bedrock wells, multiple wells shall be located within an area of less than 4,000 feet in radius; and

(5) The water quality of the multiple wells shall be within the following limits:

a. pH within 0.5 units, using one of the analytical methods specified in 40 CFR § 141.23(k);

b. Total hardness within 10 mg/L, as CaCO3;

c. Alkalinity within 10 mg/L, as CaCO3; and

d. Conductivity within 50 μmhos/cm2.

(c) If running annual average results for multiple wells initially considered as one treatment plant in (b), above, subsequently exceed 0.040 mg/L for TTHM or 0.030 mg/L for HAA5, each well shall then be considered as a separate treatment plant for monitoring purposes, subject to the routine and reduced monitoring frequency requirements specified in 40 CFR § 141.132.

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 715.07 Compliance Determination

The department shall determine compliance with the requirements of Env-Dw 715.06 by a PWS subject to this part as specified in 40 CFR § 141.133.

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 715.08 Reporting and Recordkeeping Requirements

The O/O of a PWS subject to this shall report to the department as specified in 40 CFR § 141.134 and § 141.639.

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 715.09 Treatment Technique for Control of Disinfection Byproduct Precursors

The O/O of a SW/GWUDISW system that is in one of the categories listed in Env-Dw 715.02 and that uses conventional filtration shall meet the requirements of 40 CFR § 141.135 relative to treatment techniques for control of disinfection byproduct precursors.

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 715.10 Initial Distribution System Evaluations and Stage 2 Disinfection Byproduct Requirements

The following shall comply with the requirements of 40 CFR §§ 141.600-605 relative to initial distribution system evaluations and 40 CFR §§ 141.620-629 relative to stage 2 disinfection byproducts requirements:

(a) The O/O of a community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light;

(b) The O/O of a non-transient non-community water system that uses a primary or residual disinfectant other than ultraviolet light or delivers water that has been treated with a primary or residual disinfectant other than ultraviolet light; and

(c) The O/O of a transient non-community water system that uses chlorine dioxide or delivers water that has been treated with chlorine dioxide.

History

#9619, eff 1-1-10; ss by #12532, eff 6-1-18

Part Env-Dw 716 Filtration, Disinfection, and Waste Recycling

N.H. Code Admin. R. Ann. Env-Dw 716.01 Purpose

(a) The purpose of this part is to establish requirements for filtration, disinfection, and waste recycling as specified in 40 CFR 141 Subpart H, §§70-76, 40 CFR 141 Subpart P, §§170 - 175, 40 CFR 141 Subpart T, §§500 - 571, and 40 CFR 141 Subpart W, §§700-723, which, pursuant to 40 CFR § 141.1, constitute national primary drinking water requirements.

(b) To meet the purpose stated in (a), above, this part establishes:

(1) Requirements for filtration and disinfection at public water systems supplied by a surface water source and public water systems supplied by a source of groundwater under the direct influence of surface water;

(2) Treatment technique requirements in lieu of maximum contaminant levels for giardia lamblia, viruses, heterotrophic plate count bacteria, legionella, cryptosporidium, and turbidity; and

(3) Criteria under which recycle provisions and recordkeeping requirements apply to public water systems that employ conventional filtration or direct filtration treatment and recycle spent backwash water, thickener supernatant, or liquids from dewatering processes.

History

#9620, eff 1-1-10; ss by #12533, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 716.02 Applicability

This part shall apply to each public water system (PWS) supplied by:

(a) Surface water;

(b) Groundwater under the direct influence of surface water; or

History

#9620, eff 1-1-10; ss by #12533, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 716.03 Definitions

(a) “Backwash water” means the water and solids contained therein which is generated by the process of reversing the flow of water back through the filter media to remove entrapped solids.

(b) “Conventional filtration” means “conventional filtration treatment” as defined in 40 CFR § 141.2, reprinted in Appendix B.

(c) “Cryptosporidium” means a microorganism found in raw water that can cause illness in humans and domestic animals after ingestion.

(d) “Direct filtration” means “direct filtration” as defined in 40 CFR § 141.2, reprinted in Appendix B.

(e) “Flocculation” means “flocculation” as defined in 40 CFR § 141.2, reprinted in Appendix B.

(f) “Giardia lamblia” means a microorganism found in raw water that can colonize and reproduce in the small intestine, causing giardiasis.

(g) “Legionella” means “legionella” as defined 40 CFR 141.2, reprinted in Appendix B.

(h) “PWS subject to this part” means a public water system that is in one of the categories listed in Env-Dw 716.02.

(i) “Sedimentation” means “sedimentation” as defined in 40 CFR § 141.2, reprinted in Appendix B.

(j) “Virus” means “virus” as defined at 40 CFR § 141.2, reprinted in Appendix B.

(k) “Waste recycling” means the return of spent filter backwash water, thickener supernatant, and liquids from a treatment solids dewatering processes to the core process for treatment.

History

#9620, eff 1-1-10; ss by #12533, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 716.04 Filtration and Disinfection Required

The O/O of a PWS subject to this part shall comply with the filtration and disinfection requirements of 40 CFR §§ 141.70-73.

History

#9620, eff 1-1-10; ss by #12533, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 716.05 Analytical and Monitoring Requirements

The O/O of a PWS subject to this part shall comply with the analytical and monitoring requirements of 40 CFR § 141.74.

History

#9620, eff 1-1-10; ss by #12533, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 716.06 Reporting and Recordkeeping Requirements

The O/O of a PWS subject to this part shall comply with the reporting and recordkeeping requirements of 40 CFR § 141.75.

History

#9620, eff 1-1-10; ss by #12533, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 716.07 Recycling Requirements

The O/O of a PWS subject to this part at which water is treated by conventional filtration or direct filtration and spent backwash water, thickener supernatant, or liquids from dewatering processes are recycled shall comply with 40 CFR § 141.76.

History

#9620, eff 1-1-10; ss by #12533, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 716.08 Enhanced Filtration and Disinfection Requirements

The O/O of a PWS subject to this part shall comply with the enhanced filtration and disinfection requirements of:

(a) 40 CFR 141 Subpart P, §§170-175, if the PWS serves 10,000 persons or more; or

(b) 40 CFR 141 Subpart T, §§500-571, if the PWS serves fewer than 10,000 persons.

History

#9620, eff 1-1-10; ss by #12533, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 716.09 Enhanced Treatment for Cryptosporidium

The O/O of a PWS subject to this part shall comply with the enhanced treatment for cryptosporidium requirements of 40 CFR 141 Subpart W, §§700 -723.

History

#9620, eff 1-1-10; ss by #12533, eff 6-1-18

Part Env-Dw 717 Groundwater Monitoring and Treatment

N.H. Code Admin. R. Ann. Env-Dw 717.01 Purpose and Scope

Statutory Authority: RSA 485:2, V

(a) The purpose of these rules is to implement 40 CFR 141.400 - 405, known as the “Federal Ground Water Rule” or Subpart S of 40 CFR 141, by establishing procedures and standards for the protection of public health from groundwater contamination through source monitoring, treatment, and treatment monitoring.

(b) As specified in 40 CFR 141.400(a), the requirements of this part constitute National Primary Drinking Water Regulations.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.02 Applicability; CFR Edition; General Requirements

(a) This part shall apply to any groundwater system as defined in Env-Dw 717.03.

(b) Unless otherwise noted, all references to 40 CFR in this part shall be to the 7-1-17 edition.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.03 Definitions

(a) “4-log treatment” means the process of achieving at least 99.99 percent, or 4-log, treatment of viruses, using inactivation, removal, or a combination of 4-log virus inactivation and removal before or at the first customer.

(b) “Approved sampling location” means the point in the system at which water samples are taken prior to treatment, that has been approved by the department pursuant to Env-Dw 708.

(1) December 1, 2009, for any PWS that was subject to these rules as of November 21, 2009; and

(2) The deadline established in the source approval issued pursuant to Env-Dw 302 or Env-Dw 305, as applicable, or predecessor rules, for any PWS that was not subject to these rules as of November 21, 2009.

(d) “Compliance monitoring” means the requirements for sampling and analysis established in Env-Dw 717.13 through Env-Dw 717.17 for groundwater systems that treat groundwater to at least 4-log treatment.

(e) “Confluent growth” means “confluent growth” as defined in 40 CFR 141.2, as reprinted in Appendix B.

(f) “Consecutive system” means “consecutive system” as defined in 40 CFR 141.2, as reprinted in Appendix B.

(g) “Groundwater system” means:

(1) Any public water system (PWS) using groundwater as the sole source of water supply;

(2) Any PWS that uses a mixture of surface water and groundwater, unless all groundwater is combined with surface water or with groundwater under the direct influence of surface water and is treated as specified in Env-Dw 716; and

(3) Any consecutive PWS that receives water from a groundwater system as described in (1) or (2), above.

(h) “Membrane filtration” means “membrane filtration” as defined in 40 CFR 141.2, as reprinted in Appendix B.

(i) “Provider system” means a “wholesale system” as defined in 40 CFR 141.2, as reprinted in Appendix B.

(j) “Too numerous to count” means “too numerous to count” as defined in 40 CFR 141.2, as reprinted in Appendix B.

(k) “Triggered monitoring” means the sampling requirements specified in Env-Dw 717.11 for groundwater systems that do not process groundwater to achieve 4-log treatment.

(l) “Treatment plant” means, for the purposes of this part, the location at which a disinfectant is added to groundwater.

(m) “Valid sample” means a sample that is not invalidated under Env-Dw 717.06.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.04 Compliance Dates; Monitoring Requirements

(a) Subject to (b), below, no later than the compliance deadline, the O/O of a groundwater system where chlorine is added for disinfection or other water treatment purposes, or where the water is disinfected using ultraviolet radiation, ozonation, or any other chemical or non-chemical technique, shall:

(1) Demonstrate that:

a. The disinfection process being used meets 4-log treatment, as demonstrated in accordance with Env-Dw 717.13(a) and (b); or

b. Investigative monitoring has been conducted as specified in Env-Dw 717.09(b) and shows that the source water is free from fecal contamination; or

(2) Affirm in writing to the department that the O/O will undertake monitoring as specified in Env-Dw 717.09(c)(2).

(b) The O/O of a groundwater system that provides disinfection shall not be required to conduct investigative monitoring under (a)(1)b. or (a)(2), above, if:

(1) The disinfection process was installed after January 1, 2006; and

(2) The O/O demonstrates that all bacteria sampling required under Env-Dw 709 has been free of any coliform for at least 3 years prior to the date of installation of the disinfection process.

(c) If the O/O of a groundwater system is a political subdivision that does not vote to fund investigative monitoring, the department shall not require investigative monitoring to be done unless the state pays the costs of such monitoring.

(d) The O/O of a groundwater system where the water is disinfected who fails to make the demonstration required by (a)(1), above, who is not exempt from investigative monitoring under (b), above, shall undertake monitoring in accordance with Env-Dw 717.09(c)(2).

(e) After the compliance deadline, the O/O of a groundwater system where 4-log treatment is provided shall conduct compliance monitoring in accordance with Env-Dw 717.13 through Env-Dw 717.17.

(f) After the compliance deadline, the O/O of a groundwater system where 4-log treatment is not provided shall conduct triggered monitoring as described in Env-Dw 717.11.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.05 Sample Collection and Analytical Requirements

(a) Chlorine or other disinfectants shall not be added to the source within one week prior to sampling.

(b) The location at which source water samples are collected shall be:

(1) Prior to any treatment;

(2) Before or at the first customer for each groundwater source; and

(3) Approved by the department pursuant to Env-Dw 708.

(d) Groundwater source samples shall be analyzed as specified in Env-Dw 707 and 40 CFR 141.402(c)(2).

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.06 Invalidation of Source Water Samples

(a) A sample that is invalidated under this section shall not be used to meet the monitoring requirements established in this part.

(b) The department shall invalidate a positive sample only if the laboratory establishes, in writing, that improper sample analysis caused the positive result.

(1) Produces turbid culture in the absence of gas production using an analytical method where gas formation is examined, such as the multiple-tube fermentation technique; or

(2) Exhibits confluent growth or produces colonies too numerous to count with an analytical method using a membrane filter.

(d) A laboratory shall invalidate a negative sample if the sample contains chlorine or other disinfectant.

(e) If a sample is invalidated under (b), (c), or (d), above, the system O/O shall collect another source water sample as specified in Env-Dw 717.05 within 24 hours of being notified of the invalidation.

(f) The system O/O shall continue to resample within 24 hours and have the samples analyzed until a valid result is obtained.

(g) The O/O may request an extension of the 24-hour time limit in accordance with Env-Dw 717.12 if the O/O is unable to collect samples due to circumstances beyond the O/O’s control.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.07 New Sources of Groundwater

(a) Subject to (b), below, the O/O of a groundwater system who places a new groundwater source in service after November 30, 2009, shall conduct 6 consecutive months of groundwater source sampling for E. coli, with at least one sample being taken prior to providing water to the public, to demonstrate that 4-log treatment is not required.

(b) In lieu of (a), above, the O/O shall:

(1) Demonstrate, during the new source approval process specified in Env-Dw 302 or Env-Dw 305, as applicable, and in accordance with Env-Dw 717.13(a) and (b), that the proposed disinfection option meets the requirements for 4-log treatment; and

(2) Meet the compliance monitoring requirements of Env-Dw 717.13 through Env-Dw 717.17, as applicable, within 30 days of placing the source in service.

(c) The O/O of a new groundwater source not providing 4-log treatment who is notified that any of the source water samples collected pursuant to (a), above, are E. coli positive shall:

(1) Undertake corrective action as specified in Env-Dw 717.21; and

(2) Institute a boil order notice in accordance with Env-Dw 709.19 and provide notice in accordance with the public notice requirements in Env-Dw 709.23.

(d) The O/O of a new groundwater source not providing 4-log treatment who is notified that the results from samples collected in accordance to (a), above, demonstrate that the source is free from fecal contamination shall continue to be subject to the triggered monitoring requirements described in Env-Dw 717.11.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.08 New Disinfection of Groundwater Sources after December 1, 2009

(a) The O/O of a groundwater system who installs a new treatment process after December 1, 2009, specifically for purposes of disinfection shall meet 4-log treatment unless the O/O demonstrates, by conducting the 6 months of sampling described in Env-Dw 717.07(a), that the groundwater is free from fecal contamination.

(b) The O/O of a groundwater system who installs a new treatment process after December 1, 2009, that includes disinfection shall meet 4-log treatment unless the system:

(1) Has not had any acute violations of the microbiological MCL within the past 3 years; and

(2) Has no outstanding significant deficiencies.

(c) If the department determines that 4-log treatment is not required pursuant to (a) or (b), above, the O/O shall be subject to the triggered monitoring requirements of Env-Dw 717.11.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.09 Investigative Monitoring to Prove Source is Not Contaminated

(a) Investigative monitoring to prove a source is not contaminated shall be as specified in (b) through (e), below.

(b) Subject to (c), below, the O/O of a groundwater system shall:

(1) Collect 6 source water samples prior to the compliance deadline, one each in March through August, and have the samples analyzed for E. coli in accordance with Env-Dw 717.05; or

(2) Collect 6 samples spaced at regular intervals, at least one week apart, within the system’s normal operating season if the system does not operate in each of the months March through August, and have the samples analyzed for E. coli in accordance with Env-Dw 717.05.

(1) Demonstrate that 4-log treatment is being met as specified in Env-Dw 717.13(a) and (b) and be subject to compliance monitoring as specified in Env-Dw 717.13; or

(2) Collect one source water sample in each month for 12 months beginning in the month following the month in which the compliance deadline falls and have the samples analyzed for E. coli in accordance with Env-Dw 717.05, except that systems that do not operate throughout the year shall collect 12 source water samples spaced at regular intervals, at least one week apart, within the system’s normal operating season.

(d) Subject to (e), below, if any of the samples taken pursuant to (b) or (c)(2), above, are E. coli positive, the O/O of the groundwater system shall take corrective action as specified in Env-Dw 717.21, and either:

(1) Institute a boil order in accordance with Env-Dw 709.19 and provide notice in accordance with the public notice requirements in Env-Dw 717.23; or

(2) Terminate use of the contaminated source and provide water from an alternate source and provide notice in accordance with the public notice requirements in Env-Dw 717.23.

(e) If a sample taken pursuant to (b) or (c)(2), above, is invalidated under Env-Dw 717.06, the O/O shall take another sample in:

(1) The same month, if notified of the invalidation in sufficient time to do so;

(2) The month following the months specified in (b)(1), above, if the samples are taken pursuant to (b)(1), above; or

(3) The week following the last regularly-scheduled sample, if the samples are taken pursuant to (b)(2) or (c)(2), above.

(f) If the department determines, through a sanitary survey or review of land use activities surrounding the source, that conditions have changed such that a greater risk of fecal contamination exists than was originally present, the department shall direct the system O/O, in writing, to undertake investigative monitoring to determine whether the source has been negatively impacted.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.10 Investigative Monitoring to Discontinue 4-log Treatment

(a) After the compliance deadline, the O/O of a groundwater system that disinfects to 4-log treatment shall not discontinue 4-log treatment unless:

(1) No significant deficiencies related to source water integrity as specified in Env-Dw 717.20 were identified within the prior 5 years;

(2) No microbiological violations as specified in Env-Dw 709 have occurred within the prior 3 years;

(3) The O/O demonstrates that the source water is free from fecal contamination in accordance with (b), below; and

(4) The O/O has submitted a written request pursuant to (c), below, that has been approved pursuant to (d), below.

(b) To demonstrate that the source water is free from fecal contamination, the O/O of a groundwater system shall:

(1) Collect a source water sample in each of 12 consecutive months and have each sample analyzed for E. coli, unless an alternate sampling schedule has been approved by the department in accordance with (f), below; and

(2) Provide evidence that all analytical results show the absence of E. coli.

(c) The O/O of a groundwater system who wants to discontinue providing 4-log treatment shall request to be removed from disinfection and compliance monitoring as required in Env-Dw 717.13 through Env-Dw 717.17 by submitting the following information in writing to the department:

(1) The system’s name and PWS identifier;

(2) The name, daytime telephone number, and, if available, e-mail address for the system’s representative who can be contacted by the department regarding the request;

(3) A full explanation of why disinfection is no longer needed; and

(4) Documentation to show that the criteria in (a)(1)-(3) and (b), above, are met.

(d) The department shall approve the request if the request demonstrates that the criteria specified in (a)(1)-(3) and (b) are met.

(e) The department shall notify the system O/O of its decision on the request in writing. If the department denies the request, the notice shall specify the reason(s) for the denial.

(f) The O/O of a groundwater system may request a reduction in the number of samples required by (b), above, by providing information to the department, in writing, which demonstrates that the disinfection was installed:

(1) For a system deficiency that has been corrected rather than due to a contaminated source; or

(2) As a proactive, safety measure, even though the system had not experienced bacteria contamination, and that the system has been free of any coliform bacteria for a minimum of 3 years.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.11 Triggered Monitoring

(a) A groundwater system that does not provide at least 4-log treatment shall be subject to the triggered monitoring requirements specified in (b) through (e), below, upon being notified that a valid sample collected under the requirements of Env-Dw 709.02 is total coliform-positive.

(b) Within 24 hours of notification of the total coliform-positive sample, the O/O of the groundwater system shall collect at least one groundwater source sample from each groundwater source in use at the time the total coliform-positive sample was collected and have each sample analyzed for E. coli and total coliform as specified in Env-Dw 717.05.

(c) The O/O may request an extension of the 24-hour time limit in accordance with Env-Dw 717.12 if the O/O is unable to collect the samples due to circumstances beyond the O/O’s control.

(d) If the valid sample is E. coli positive, the O/O of the groundwater system shall:

(1) Institute a boil order in accordance with Env-Dw 709.19, and

(2) Provide notice in accordance with the public notice requirements in Env-Dw 717.23.

(e) If the valid sample taken pursuant to (b), above, is E. coli positive, the O/O of the groundwater system shall:

(1) Conduct corrective action if directed by the department in accordance with Env-Dw 717.21; or

(2) If the department determines that the appropriate corrective action is not readily apparent, collect 5 additional source water samples from the same source within 24 hours of being notified of the positive E. coli result and have them analyzed for E. coli and total coliform bacteria as specified in Env-Dw 717.05.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.12 Source Monitoring: Extension Requests, Alternate Plans for Multiple Wells

(a) The O/O of a groundwater system subject to source monitoring who wishes to obtain an extension of the time in which to resample shall submit a written request for an extension to the department within 24 hours of notification of the positive result or invalidation.

(b) The O/O of a groundwater system that has multiple wells and is subject to triggered monitoring who wishes to have a triggered source water monitoring plan that correlates each approved sampling location to a specific well shall submit a written request to the department for approval of such a plan. Preparation of a plan shall not constitute grounds to extend the requirement to sample within 24 hours of notification of the positive result.

(1) The system’s name and PWS identifier;

(2) The name, daytime telephone number, and, if available, e-mail address for the system’s representative who can be contacted by the department regarding the request;

(3) For an extension of time, a full explanation of why an extension is necessary and how much time is requested; and

(4) For approval of a triggered source water monitoring plan, a demonstration of which wells are associated with which distribution system sampling sites.

(d) The department shall respond to the request in writing. If the request is denied, the department’s response shall specify the reason(s) for the denial.

(e) The department shall approve a request for an extension of time if the department determines that additional time is needed for reasons beyond the control of the system O/O.

(f) The department shall approve a request for a triggered source water monitoring plan that correlates each sampling location to a specific well if the department determines that the proposed plan will result in samples that fulfill the intent of the sampling requirements.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.13 Compliance Monitoring

(a) As required by 40 CFR 141.403(b)(1), a groundwater system that provides at least 4-log treatment shall demonstrate to the department, in writing, before the compliance deadline, that it meets 4-log treatment.

(b) The demonstration required by (a), above, shall include engineering, operational, and other information as necessary to demonstrate the effectiveness and reliability of treatment.

(1) Specify operational and monitoring requirements; and

(2) Establish a compliance monitoring program designed to ensure that all operational and monitoring requirements that are necessary to meet the purpose of the program are met, including but not limited to minimal residual disinfectant concentrations, membrane operating or membrane integrity criteria, and alternative treatment operating criteria, as applicable.

(d) Groundwater systems subject to compliance monitoring shall monitor in accordance with the schedule specified in Env-Dw 717.14 through Env-Dw 717.17, as applicable, to demonstrate treatment effectiveness.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.14 Compliance Monitoring for Systems with Chemical Disinfection Serving More than 3,300 People

(a) The requirements of this section shall apply to each groundwater system serving greater than 3,300 people that meets 4-log treatment using chemical disinfection.

(b) The O/O of a groundwater system that is subject to this section shall:

(1) Continuously monitor the residual disinfectant concentration using analytical methods specified in 40 CFR 141.74(a)(2) at the approved sampling location;

(2) Record the lowest residual disinfectant concentration each day that water is served to the system’s customers; and

(3) Maintain the department-determined residual disinfectant concentration every day the groundwater system serves water from the groundwater source.

(c) If a failure in the continuous monitoring equipment occurs, the O/O of a groundwater system that is subject to this section shall:

(1) Collect grab samples every 4 hours until the continuous monitoring equipment is returned to service; and

(2) Resume continuous residual disinfectant monitoring within 14 days of the failure.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.15 Compliance Monitoring for Systems with Chemical Disinfection Serving 3,300 People or Fewer

(a) The requirements of this section shall apply to each groundwater system serving 3,300 or fewer people that meets 4-log treatment using chemical disinfection.

(b) The O/O of a groundwater system that is subject to this section shall:

(1) Monitor the residual disinfectant concentration using analytical methods specified in 40 CFR 141.74(a)(2) at the approved sampling location, either continuously or on a daily basis by taking a daily grab sample during the hour of peak flow or another time designated by the department;

(2) Record the residual disinfectant concentration each day that water is served to the system’s customers; and

(3) Maintain the department-determined residual disinfectant concentration every day the groundwater system serves water from the groundwater source.

(c) The O/O of a groundwater system that is subject to this section shall collect follow-up grab samples every 4 hours if any daily grab sample measurement falls below the established residual concentration level, until the required residual concentration is met.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.16 Operation and Compliance Monitoring for Membrane Filtration

(a) Groundwater systems using membrane filtration to meet 4-log treatment shall monitor the membrane filtration process in accordance with the monitoring requirements and specifications established by the department pursuant to (c), below, upon review of the information submitted in accordance with Env-Dw 717.13.

(b) Membrane filtration shall meet 4-log treatment requirements only if:

(1) The membrane has an absolute molecular weight cut-off (MWCO), or an alternate parameter that describes the exclusion characteristics of the membrane, that can reliably achieve at least 4-log removal of viruses;

(2) The membrane process is operated in accordance with compliance requirements specified by the department pursuant to Env-Dw 717.13(c); and

(3) The integrity of the membrane is intact.

(c) The department shall establish monitoring requirements and specifications designed to ensure that the membrane filtration technology being used meets 4-log treatment, using continuous monitoring of filtered water quality turbidity or particle counts, or both.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.17 Operation and Compliance Monitoring for Alternative Treatment

(a) Groundwater systems using alternative treatment to meet 4-log treatment shall operate and monitor the alternative treatment in accordance with the operational and monitoring requirements established pursuant to (b), below, deemed necessary to demonstrate achievement of 4-log treatment.

(b) The department shall establish operational and monitoring requirements designed to ensure that the alternative treatment actually meets 4-log treatment based on the type of technology used by the system.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.18 Compliance Monitoring Reporting Requirements

(a) The O/O of a groundwater system that provides 4-log treatment of viruses using inactivation, removal, or a department-approved combination of 4-log virus inactivation and removal shall report the information specified in (c) through (e), below, as applicable, monthly to the department by the 10th day of the month immediately following the month for which the report is being provided.

(b) The O/O of a groundwater system that provides 4-log treatment shall notify the department as soon as possible, but in no case later than the end of the next business day, any time the system fails to meet any of the requirements established for the system for greater than 4 hours, including, but not limited to, minimum residual disinfectant concentration, membrane operating criteria or membrane integrity, and alternative treatment operating criteria.

(c) The O/O of a groundwater system that provides 4-log treatment using chlorine disinfection shall report the following information:

(1) For each day, the lowest measured residual disinfectant concentration, in milligrams per liter (mg/L), in water entering the distribution system;

(2) The daily residual disinfectant concentration, in mg/L, in water measured at the approved sampling location at or before the first service connection;

(3) The disinfectant contact time (CT), in minutes, associated with the calculated peak flow rate for the system used for calculating the CT value;

(4) The daily measurement of pH of disinfected water following the point of chlorine disinfection;

(5) The daily measurement of water temperature, in degrees Celsius, following each point of disinfection;

(6) The daily CT value calculated for each treatment plant before or at the first customer; and

(7) The daily determination of whether disinfection achieves at least 4-log treatment.

(d) The O/O of a groundwater system that provides 4-log treatment using membrane filtration shall report the information specified in the department’s approval of the alternative treatment in accordance with Env-Dw 717.16.

(e) The O/O of a groundwater system that provides 4-log treatment using alternative treatment shall report the information specified in the department’s approval of the alternative treatment in accordance with Env-Dw 717.17.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.19 Compliance Monitoring Recordkeeping Requirements

(a) The O/O of a groundwater system conducting compliance monitoring, including provider systems, shall maintain records according to this section.

(b) Records of minimum disinfectant residual shall be retained for 10 years.

(1) The lowest daily residual disinfectant concentration;

(2) The date and duration of any failure to maintain the minimum residual disinfectant concentration for a period of more than 4 hours;

(3) The date the O/O contacted the department with notification of the failure to maintain the minimum residual disinfectant concentration for a period of more than 4 hours and the name of the individual at the department to whom the O/O spoke;

(4) The compliance requirements for membrane filtration and parameters specified by department for the approved alternative treatment, as applicable; and

(5) The date and duration of any failure to meet the membrane operating, membrane integrity, or alternative treatment operating requirements for more than 4 hours.

(d) If the O/O is notified in writing that an enforcement action or other legal action is pending against the system, the O/O shall retain all records for the longer of the time period specified in (b) or (c), above, if applicable, or 6 months after the date of the final decision in the action.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.20 Significant Deficiencies

Any of the following conditions shall constitute a significant deficiency:

(a) Well casing is buried;

(b) Top of well can be flooded;

(d) Unsanitary material or debris is stored or discarded in the sanitary radius of a well;

(e) Well is not constructed in accordance with applicable requirements;

(f) Well casing extension does not meet applicable requirements;

(g) Well is damaged or otherwise subject to contamination;

(h) Operation, maintenance, or monitoring of disinfection processes does not meet applicable requirements;

(i) System has low or negative pressures that could result in entry of contaminants;

(j) System lacks cross connection control program or devices, if applicable;

(k) Pump house is subject to flooding;

(l) Pump house conditions are unsanitary;

(m) System does not have a certified operator even though one is required by Env-Dw 502;

(n) Certified operator, if required, is below the appropriate grade;

(o) Inspection, internal cleaning, and maintenance of storage tank(s) does not meet applicable requirements;

(p) Water storage tank is subject to contamination;

(q) Facility operations are not inspected for unsanitary conditions on a regular basis;

(r) Monitoring, reporting, and recordkeeping are not being done as required; and

(s) Any other significant deficiency identified in Env-Dw 720.03.

History

#9600, eff 11-21-09; amd by #9758, eff 7-30-10; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.21 Notice of Significant Deficiencies; Corrective Actions and Corrective Action Plans

(a) The department shall inform the O/O and certified operator, if the system has a certified operator, of the groundwater system of all significant deficiencies in writing.

(b) The notice issued pursuant to (a), above, shall require the O/O to:

(1) Implement any corrective action(s) specified in the notice for which consultation or prior approval from the department is not required within 120 days or such earlier time as is specified pursuant to (e), below; and

(2) Consult with the department within 30 days of receiving written notice for the purpose of developing a corrective action plan (CAP) as specified in (f), below, for any corrective action(s) not covered by (1), above.

(c) The O/O of a groundwater system shall consult with the department within 10 days of receiving written notice from a laboratory that a groundwater source sample collected in accordance with Env-Dw 717.11 is positive for E. coli to determine what corrective action needs to be taken or whether a CAP as specified in (f), below needs to be developed.

(d) The corrective action(s) specified in the notice shall consist of one or more of the following, as necessary to correct the problem and protect public health:

(1) Correct significant deficiencies;

(2) Provide an alternate source of water;

(3) Eliminate the source of contamination; or

(4) Provide treatment that reliably achieves 4-log treatment, as specified in Env-Dw 717.13.

(e) The department shall specify a compliance deadline of less than 120 days if:

(1) The actions to be taken can reasonably be implemented in a shorter period of time; and

(2) An earlier date is needed to protect public health.

(f) If a system O/O is required to develop a corrective action plan (CAP) pursuant to (b)(2) or (c), above, then within 30 days after the required consultation, or by such later date established by agreement with the department, the O/O shall develop and submit to the department a CAP that identifies the action(s) that will be taken to correct the system’s deficiencies and the schedule upon which the action(s) will be taken.

(g) If any of the significant deficiencies cannot be corrected within 120 days of the date of a notice issued pursuant to (a), above, or received from the laboratory pursuant to (c), above, the CAP submitted by the system O/O shall identify interim measures that will be taken in order to protect the health and safety of persons served by the system pending final action.

(h) The department shall approve a CAP proposed by the system O/O if:

(1) The action(s) and schedule for taking the action(s) will correct all problems within a time frame that is protective of public health; and

(2) The CAP identifies interim measures that will be taken to address any significant deficiencies that cannot be corrected within 120 days of the date of the notice in order to protect the health and safety of persons served by the system pending final action.

(i) The O/O shall not make any modifications to the approved CAP without first obtaining approval for the modifications from the department in accordance with (j) and (k), below.

(j) To request approval for modifications to the action(s) or schedule in an approved CAP, the O/O shall submit a request in writing to the department that explains the requested modification(s) and the reason(s) why the CAP as modified meet the criteria for approval specified in (k), below.

(k) The department shall approve a modification to a CAP if:

(1) The modification was made necessary due to circumstances beyond the control of the system O/O; and

(2) The CAP as modified will correct all remaining problems and be equally as protective of public health.

(l) Within 120 days of the date of a notice issued pursuant to (a) or (c), above, the O/O of a groundwater system shall:

(1) Have fully corrected all significant deficiencies; or

(2) Be in compliance with a CAP approved by the department pursuant to (h), above.

(m) The O/O of a groundwater system who has been directed to take corrective action or to implement a CAP shall notify the department within 30 days of completion of the corrective action or CAP, as applicable.

(n) A system O/O shall be subject to enforcement as specified in RSA 485:58 for any failure to correct the deficiency(ies) and for any failure to comply with an approved CAP.

History

#9600, eff 11-21-09; ss by #9758, eff 7-30-10; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.22 Violations

(a) Failure to meet the monitoring requirements specified in Env-Dw 717.05 through Env-Dw 717.09 and Env-Dw 717.11 through Env-Dw 717.17 shall constitute a monitoring violation.

(b) Failure to maintain at least 4-log treatment shall constitute a treatment technique violation if the failure is not corrected within 4 hours of determining the system is not maintaining at least 4-log treatment in accordance with Env-Dw 717.13 through Env-Dw 717.17.

(d) Failure to meet the treatment technique requirements specified in Env-Dw 717.21, after notification of a significant deficiency or fecal-contaminated source water shall constitute a treatment technique violation.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.23 Public Notification, Consumer Confidence Report, & Special Notice

(a) The O/O of a groundwater system at which any violation described in Env-Dw 717.22 occurs shall conduct standard public notice in accordance with Env-Dw 801.

(b) The O/O of a groundwater system notified of valid sample that is E. coli positive, including the O/Os of consecutive systems served by such a groundwater source, shall conduct acute public notice as specified in Env-Dw 801.

(c) The O/O of a community groundwater system shall notify the system’s customers through the consumer confidence reporting (CCR) requirements of Env-Dw 811, if:

(1) It receives notice from the department of a significant deficiency identified in Env-Dw 717.20, that has not been corrected;

(2) A groundwater source sample was E. coli positive; or

(3) The PWS has discontinued the use of a contaminated source.

(d) The information noted in (c)(1) or (2), above, shall be reported in the CCR annually until the deficiency, E. coli contamination, or violation has been corrected and confirmation of the correction has been received from the department.

(e) The O/O of a non-community groundwater system shall notify its customers of a significant deficiency, as specified in Env-Dw 717.20:

(1) That has not been corrected within 12 months of being notified of the deficiency; and

(2) Continue to notify the public annually until the significant deficiency is corrected.

(f) The notice required by (e), above, shall include:

(1) The nature of the significant deficiency and the date it was identified by the department; and

(2) A description of the approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed.

(g) In a community where the population of non-English speaking residents exceeds 20% of the community population, the notice shall contain:

(1) Information in the appropriate language(s) regarding the importance of the notice; or

(2) A telephone number or address, in the appropriate language, at which customers can contact the system to obtain a translated copy of the notice or assistance in the appropriate language.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.24 Groundwater Rule General Recordkeeping Requirements

(a) In addition to the requirements of Env-Dw 717.19 and Env-Dw 718, the O/O of a groundwater system shall maintain the records described in (b) through (d), below, for the time period specified.

(b) As required by 40 CFR 141.405(b)(1), documentation of corrective actions shall be retained for 10 years.

(d) Records of invalidation of E. coli positive samples shall be retained for 5 years.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

N.H. Code Admin. R. Ann. Env-Dw 717.25 Groundwater Rule Consecutive System Notification and Recordkeeping Requirements

(a) A consecutive groundwater system O/O that has a total coliform-positive sample collected under Env-Dw 709 shall:

(1) Notify the provider system(s) within 24 hours of being notified of the total coliform-positive sample; and

(2) If the consecutive system has a source that supplies water to the distribution system, conduct triggered monitoring as specified in Env-Dw 717.11.

(b) A provider system that does not provide 4-log treatment and receives notice from a consecutive system it serves that a sample collected under Env-Dw 709 is total coliform-positive shall:

(1) Collect a sample from each groundwater source and analyze each sample for E. coli and total coliform, in accordance with Env-Dw 717.05, within 24 hours of being notified of the total coliform-positive sample; and

(2) Conduct all triggered monitoring as specified in Env-Dw 717.11.

(1) Notify all consecutive systems served by the water source within 24 hours of being notified of the E. coli positive result; and

(2) Conduct all triggered monitoring requirements as specified in Env-Dw 717.11.

(d) Documentation of notification to the provider system(s) of total-coliform positive samples that are not invalidated under Env-Dw 717.06 shall be kept for a period of at least 5 years.

History

#9600, eff 11-21-09; ss by #12525, eff 6-1-18

Part Env-Dw 718 Recordkeeping

N.H. Code Admin. R. Ann. Env-Dw 718.01 Required Records

Each O/O shall:

(a) Comply with the recordkeeping requirements of 40 CFR § 141.33; and

(b) Maintain such additional records as are specified in subtitle Env-Dw for particular facets of PWS ownership, operation, and maintenance.

History

#10617, eff 6-1-14; ss by #12669, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 718.02 Production of Records

(a) The O/O:

(1) Shall provide copies of this information to customers and state and local officials upon reasonable request; and

(2) May charge customers a reasonable fee for such copies.

(b) An O/O shall submit to the department within the time stated in the request, copies of any records required to be maintained under subtitle Env-Dw, or copies of any documents in existence at the time of the request that the department is entitled to inspect pursuant to the authority of RSA 485, the New Hampshire Safe Drinking Water Act.

(c) Any laboratory performing analyses as specified in Env-Dw 719.03 shall make records of sample collection and analysis available to the department upon request.

History

#12669, eff 1-1-19

Part Env-Dw 719 Reporting

N.H. Code Admin. R. Ann. Env-Dw 719.01 Definitions

For purposes of this part, the following definitions shall apply:

(a) “Compliance monitoring data portal (CMDP)” means the data portal created and maintained by the US EPA to collect data required under the federal Safe Drinking Water Act;

(b) “Electronic reporting system for drinking water monitoring data” means the electronic data collection system implemented by the department to collect PWS monitoring data prior to the CMDP becoming available; and

History

#9701, eff 5-1-10; ss by #12669, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 719.02 Required Reporting and Public Notice

(a) An O/O shall submit all monitoring data and other required information as specified in this part.

(b) An O/O shall provide public notice as specified in Env-Dw 800.

History

#9701, eff 5-1-10; ss by #12669, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 719.03 Third-Party Laboratory Obligations

(a) Before an O/O submits samples for analysis to meet monitoring requirements to a third-party laboratory, the O/O and third-party laboratory shall enter into a binding written agreement that requires the laboratory to submit all information required by, and as specified in, Env-Dw 719.05.

(b) Each time an O/O submits any sample to a third-party laboratory for the purpose of meeting a monitoring requirement, the O/O shall inform the laboratory that the analyses being requested are to meet department monitoring requirements.

History

#9701, eff 5-1-10; ss by #12669, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 719.04 Registering for Electronic Reporting System

(a) In order to access the electronic reporting system, the O/O or third-party laboratory shall register as a data provider under the department’s OneStop portal at https://www4.des.state.nh.us/OnestopDataProviders/DESLogin.aspx, by:

(1) Providing the information required in (b), below;

(2) Selecting the “DWGB Certified Lab Upload” or “DWGB Login Samples” as applicable; and

(3) Accepting the agreement specified in (c), below.

(b) The O/O or third-party laboratory shall provide the following information:

(1) The type of requestor, specifically consultant, contractor, individual, federal government, laboratory, local government, non-profit business, other business, PWS contact, state government;

(2) The first and last name of the individual who is applying for access;

(3) The applicant’s email address;

(4) A user name and password;

(5) The name, mailing address, daytime telephone including area code and extension, if any, email address, and fax number including area code of the business or other organization with which the requestor is affiliated;

(6) If the requestor has another telephone number, the telephone number including area code and extension, if any; and

(7) If the requestor has another email address, the secondary email address.

“I understand that I am responsible for the accuracy of the information submitted in this request for a PIN and Password that will allow me to access, via the Internet, certain information held by the Department of Environmental Services.

I further understand that the information I am submitting and/or requesting access to is security-sensitive, and I agree to (1) protect the PIN and Password provided to me by the Department of Environmental Services to prevent any unauthorized use thereof; (2) protect against further dissemination and/or unauthorized use of any and all information obtained using the PIN and Password to the extent reasonable in light of the legitimate use for which the information is needed, as described above.

I affirm that the information I am submitting with this request is true, complete, and not misleading. I understand that the submittal of false, incomplete, or misleading information could result in denial or revocation of data provider access and/or could subject me to the criminal penalties established for falsification in official matters, currently in RSA 641.

I understand that by clicking on I AGREE, I am solely responsible for the PIN and Password I am about to receive and for any and all information collected using the PIN and Password, and that NO LIABILITY IS INCURRED BY THE STATE by reason of providing the requested access.

I understand that if I do not agree to be the sole responsible party, I should click CLOSE to discontinue the PIN/Password request process.”

History

#12669, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 719.05 Reporting Method Prior to CMDP Activation

(a) Until such time as notification is made that the CMDP is available for use, the following information shall be submitted as specified in (b), below, for each sample analyzed to meet monitoring requirements:

(1) The PWS identifier of the system;

(2) The name of the PWS and the city or town in which the system is located;

(3) Sample collection information, including:

a. The sample location identifier and name; and

b. The date and time the sample was collected;

(4) Whether the data being submitted is original or a revision;

(5) The name of contaminant(s) or contaminant code(s) for which the sample was collected and tested;

(6) Whether the sample is a routine, repeat, make-up, confirmation, or replacement sample;

(7) The monitoring period for which the sample was collected, by month or quarter, as applicable, and year;

(8) The first and last name and daytime telephone number including area code of the individual who collected the sample, or the person responsible for any sample(s) collected by individual homeowners;

(9) The date and time the sample was received by the laboratory;

(10) The temperature of the sample(s) upon receipt, in degrees Celsius;

(11) The accreditation identifier of the laboratory that performed the analysis;

(12) The laboratory sample identifier and batch identifier, if different;

(13) The results of the analysis, including units and an explanation of whether the result is an actual or calculated value, and any qualifiers associated with the result(s);

(14) The date and time the sample was:

a. Prepared for analysis, if applicable; and

b. Analyzed;

(15) The analytical method used, including reportable and method detection limits, if applicable, with applicable units; and

(16) If the sample was initially received by a laboratory other than the one performing the analysis, the name, accreditation identifier, and daytime telephone number including area code of the laboratory that initially received the sample.

(b) The required information shall be submitted using the electronic reporting system for drinking water monitoring data.

History

#12669, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 719.06 Reporting Content and Method When CMDP Is Available

When the CMDP becomes available, then:

(a) The department shall notify each O/O of the date the system will be available for use;

(b) The information regarding samples analyzed to meet monitoring requirements shall be the information required by the CMDP; and

History

#12669, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 719.07 Timing of Reporting

(a) Except where a shorter period is specified, such as where there is an exceedance of an acute contaminant MCL as specified in Env-Dw 801, the O/O or third-party laboratory, as applicable, shall report to the department within 2 business days of the analysis being completed the results of any test measurement or analysis required by:

(1) Env-Dw 723 relative to non-central treatment; or

(2) Env-Dw 709 through Env-Dw 715 and Env-Dw 717 relative to water quality monitoring.

(b) The O/O or third-party laboratory, as applicable, shall notify the department by telephone as soon as possible, but within 24 hours, of:

(1) The presence of fecal coliforms or E. coli in any sample; and

(2) The exceedance of any nitrate or nitrite MCL as specified in Env-Dw 704.02, Table 704-1.

History

#12669, eff 1-1-19

Part Env-Dw 720 Inspections; Significant Deficiencies; Assessments

N.H. Code Admin. R. Ann. Env-Dw 720.01 Entry and Inspection of Public Water Systems and Privately Owned Redistribution Systems

(a) As specified in RSA 485:41, V, in order to determine compliance with RSA 485 and the rules adopted under RSA 485, specifically Env-Dw 300 through Env-Dw 900 and Env-Dw 1200, the department shall enter, and authorize its employees and agents to enter, the premises of public water systems (PWS) and privately owned redistribution systems (PORS) for the purpose of carrying out inspections or assessments, taking water samples, and inspecting any and all records and facilities of such PWS and PORS (systems).

(b) The owner, operator, or any other person(s) in charge of a PWS’s or PORS’s premises, facilities, or records, or any combination thereof, or in possession or in charge of any other existing information that will assist the department in conducting the inspection or assessment of the PWS or PORS shall allow staff of the department to:

(1) Enter the premises and facilities under the control of such person for the purpose of evaluating the adequacy of the facilities, equipment, processes, controls, and operation and maintenance of the system for producing and distributing safe drinking water to persons served by the system;

(2) Conduct tests on any feature of the system, including, as applicable, its raw water source, treated water, or distribution system water; and

(3) Review all records and files of the system, along with any other existing information that will assist the department in conducting the inspection or assessment.

(c) If any tests conducted pursuant to (b)(2) above, are deemed necessary by the department for the protection of the health or safety of persons served by the system, the costs of the tests shall be charged to the system’s owner.

(d) The owner, operator, or other person in charge of the premises, facilities, or records of the system being inspected or assessed may request identification from the inspector or assessor.

History

#9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.02 Sanitary Survey Field Inspections

(a) Subject to (b), below, at least 24 hours in advance of a pending inspection the department shall notify:

(1) The certified operator, for any system that has a certified operator; or

(2) The owner of the system, for any system that does not have a certified operator.

(b) The department shall not give advance notice if evidence indicates that a public health threat or other violation of Env-Dw 300 through Env-Dw 900 and Env-Dw 1200 exists.

(1) The system’s layout and general information, such as the number of persons served by the system and whether the system serves residential, commercial, or industrial users;

(2) Water quality;

(3) Monitoring, reporting, and data verification;

(4) Sources of supply;

(5) Storage facilities;

(6) Treatment facilities;

(7) Pumping facilities, including pumps, pump houses, and controls;

(8) Distribution system;

(9) System management and operation;

(10) Technical, financial, and managerial capacity;

(11) Owner and operator compliance with Env-Dw 300 through Env-Dw 900 and Env-Dw 1200;

(12) Emergency preparedness planning;

(13) Security; and

(14) Any other aspect of the system that could influence the ability of the system to produce and distribute safe drinking water.

(d) The minimum frequency of sanitary surveys shall be as shown in Table 720-1, below:

Table 720-1: Frequency of Sanitary Surveys.

Type of System

Frequency of Sanitary Survey

Community

3 years

Non-transient non-community

3 years

Transient non-community

5 years

History

#9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.03 Significant Deficiencies

(a) Any of the following conditions shall constitute a significant deficiency for a PWS or a PORS, if applicable:

(1) A potential contamination source that poses a risk to public health and that is not already subject to a monitoring or control plan is present in the sanitary protective area;

(2) System records show that the source has inadequate capacity to meet current demands or that the system is otherwise unable to provide sufficient water to meet current demands;

(3) A non-approved source is connected to the system, regardless of whether the source is in use;

(4) Existing treatment facilities and processes are not operative;

(5) Treatment has been installed or modified without prior approval from the department, and the installation or modification could adversely affect public health;

(6) System has low or negative pressures that could result in entry of contaminants, or has high pressures, as described in Env-Dw 404.04(a), Env-Dw 405.27(a) and (b), and Env-Dw 406.26(a) and (b), or that exceed the design pressure of system components, that present a safety hazard to the public or operator;

(7) System lacks a cross-connection control program or cross-connection devices, if applicable;

(8) System lacks an approved backflow prevention device, as defined at Env-Dw 505.03(b), if required pursuant to Env-Dw 505;

(9) System has an inoperative well pump;

(10) System lacks an operative duplicate booster pump, if required;

(11) System’s pump house is subject to flooding;

(12) System’s hydraulics, pumping facilities, storage capacity, or distribution facilities have been modified in a way that could adversely affect public health;

(13) System has electrical hazards in or around the pump house;

(14) System does not have a certified operator even though one is required;

(15) System’s certified operator is below the required grade;

(16) System’s water storage tank is subject to contamination;

(17) System’s water storage tank has not been inspected and maintained at the frequency required by Env-Dw 504.09;

(18) System does not have a schedule for performing regular system maintenance or such system does not meet the requirements of Env-Dw 504.03(b);

(19) System has pumping facilities that are not secured or a well that is not protected from tampering;

(20) System does not have a meter or other means to measure flow for each incoming source, if required;

(21) System does not have individual sampling taps or other means to obtain discrete samples for each source;

(22) System is a community water system (CWS) and does not have an emergency plan available for review when requested;

(23) Required monitoring, reporting, and recordkeeping are not being done as required;

(24) System has any other violation(s) of applicable rules that pose(s) a significant risk to public health; and

(25) The system does not have available for review by the department the record drawings or other distribution system plans required by the applicable provisions of Env-Dw 404.06(a), Env-Dw 404.29(a), Env-Dw 406.27(a), and Env-Dw 504.08.

(b) Any PWS using a groundwater source also shall be subject to the significant deficiencies identified in Env-Dw 717.20.

History

#9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.04 Notice of Significant Deficiencies; Corrective Action

(a) The department shall inform the system’s owner and certified operator, if the system has a certified operator, of all significant deficiencies in writing.

(b) The notice issued pursuant to (a) above shall require the owner to:

(2) Consult with the department within 30 days of receiving written notice for the purpose of developing a corrective action plan (CAP) as specified in Env-Dw 720.05 for any corrective action(s) not covered by (1) above.

(c) The corrective action(s) specified in the notice shall consist of one or more of the following, as necessary to correct the problem and protect public health:

(1) Correct significant deficiencies;

(2) Provide an alternate source of water; or

(3) Eliminate the source of contamination.

(d) The department shall specify a compliance deadline of less than 120 days if:

(1) The actions to be taken can reasonably be implemented in a shorter period of time; and

(2) An earlier date is needed to protect public health.

(e) The system owner shall comply with any expedited actions or additional actions required by Env-Dw 801.04 relative to turbidity maximum contaminant level (MCL) and treatment technique violations or Env-Dw 801.05(a)-(c) relative to Escherichia coli (E. coli) MCL violations.

(f) A system owner who has been directed to take corrective action pursuant to this section shall notify the department within 30 days of completing the corrective action that the corrective actions have been taken, by submitting documentation of completion, including photographs as appropriate.

History

#9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #12420, eff 11-18-17; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.05 Corrective Action Plan

(a) If a system owner is required to develop a CAP pursuant to Env-Dw 720.04(b)(2), then within 30 days after the required consultation, or by such later date established by agreement with the department, the owner shall develop and submit to the department a CAP that identifies the action(s) to be taken to correct the system’s deficiencies and the schedule upon which the action(s) will be taken.

(b) If any of the significant deficiencies cannot be corrected within 120 days of the date of the notice issued pursuant to Env-Dw 720.04(a), the CAP submitted by the system owner shall identify interim measures that will be taken in order to protect the health and safety of persons served by the system pending final action.

(1) The action(s) and schedule for taking the action(s) will correct all problems within a time frame that is protective of public health; and

(d) The owner shall not make any modifications to the approved CAP without first obtaining approval for the modifications from the department in accordance with (e) and (f) below.

(e) To request approval for modifications to the action(s) or schedule in an approved CAP, the owner shall submit a request in writing to the department which explains the requested modification(s) and the reason(s) why the CAP as modified meet the criteria for approval specified in (f) below.

(f) The department shall approve a modification to a CAP if:

(1) The modification was made necessary due to circumstances beyond the control of the system owner; and

(2) The CAP as modified will correct all remaining problems and be equally protective of public health.

(g) Within 5 business days of completing an action required by a CAP, the system owner shall notify the department that the action has been completed by submitting documentation of completion, including photographs as appropriate.

History

#9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.06 Compliance

(a) Within 120 days of the date of the notice issued pursuant to Env-Dw 720.04(a), the system owner shall:

(1) Have fully corrected all significant deficiencies; or

(2) Be in compliance with a CAP approved by the department pursuant to Env-Dw 720.05(c).

(b) A system owner shall be subject to enforcement as specified in RSA 485:58 for any failure to correct the deficiency(ies) or for any failure to comply with a CAP approved pursuant to Env-Dw 720.05(c).

History

#9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.07 Assessments

(a) Subject to (b) below, after a coliform assessment is triggered as specified in Env-Dw 709.22, the PWS owner shall conduct a level 1 or level 2 assessment, as applicable. The PWS owner may authorize an agent who meets the qualifications specified in Env-Dw 720.08 or Env-Dw 720.09, as applicable, to conduct the assessment, but such authorization shall not relieve the owner from liability if the assessment or follow-up actions, or both, are not completed as required.

(b) If a level 2 assessment is triggered by an E. coli MCL violation, the department or its agent shall conduct the level 2 assessment.

(c) If assessment triggers are recurring and no cause has been identified, the department shall consult with the PWS owner to determine whether the department or another qualified individual will conduct the assessment.

(d) The assessment shall:

(1) Be performed by one or more individuals who meet the qualifications specified in Env-Dw 720.08 or Env-Dw 720.09, as applicable;

(2) Include an on-site inspection;

(3) Be conducted to identify the possible presence of sanitary defects or defects in distribution system coliform monitoring practices, or both; and

(4) Be conducted within 30 days after notification from the department that an assessment has been triggered as specified in Env-Dw 709.22.

(e) The assessment shall evaluate situations that might have impacted normal operations as well as water quality data and other system records related to bacterial contamination or treatment, or both, including but not limited to the following:

(1) Atypical events that might affect distributed water quality or indicate that distributed water quality was impaired, including but not limited to main breaks, hydrant flushing, impacts from weather events including flooding, power failures, treatment process upsets, and loss of pressure;

(2) System maintenance and operation issues, including water storage and pumping facilities, and sanitary conditions that could affect distributed water quality;

(3) Source and treatment considerations and records that bear on distributed water quality, including but not limited to:

a. Treatment operations, maintenance, testing, and operation; or

b. Well integrity including casing, cap, seal, and vent;

(4) Existing water quality monitoring data, including but not limited to compliance monitoring data, system evaluation monitoring data, disinfectant residual concentration, if disinfecting, heterotrophic plate count, if available, and treatment process performance parameters, if treatment is present; and

(5) Water quality sampling locations, sampling protocol, sample processing, and techniques.

(f) A level 2 assessment shall:

(1) Be more comprehensive than a level 1 assessment;

(2) Include a more detailed physical inspection of all suspected facilities and locations to identify all potential causes of the coliform assessment trigger; and

(3) Include additional water quality monitoring if needed to identify potential causes.

History

#9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.08 Qualifications of Level 1 Assessors

(a) A PWS owner shall ensure that each individual performing a level 1 assessment is familiar with the operation and management of the PWS to be assessed.

(b) A level 1 assessment shall be conducted by:

(1) For transient, non-community water systems (NCWSs), the owner or the owner’s authorized agent;

(2) For non-transient, non-community systems (NTNCWSs), the owner, the owner’s authorized agent, or an operator certified at a grade comparable to or higher than the required grade for that PWS; and

(3) For community water systems (CWSs), an operator certified at a grade comparable to or higher than the required grade for that system.

History

#9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.09 Qualifications of Level 2 Assessors

(a) A level 2 assessment other than one conducted by the department pursuant to Env-Dw 720.07(b) shall be conducted by:

(1) For transient NCWSs, an operator certified at Grade 1A or higher; and

(2) For NTNCWSs and CWSs, an operator certified at a grade comparable to or higher than the required grade for that system.

(b) The individual(s) who conducted a level 1 assessment may participate in a level 2 assessment at the same PWS but shall not conduct the level 2 assessment without at least one additional qualified individual.

History

#9760, eff 7-30-10; ss by #10771, eff 2-1-15; SS BY #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.10 Report of Assessment

(a) Subject to (d) below, the system owner shall submit a written report of the completed level 1 or level 2 assessment, as applicable, to the department within 30 days of notification by the department that an assessment has been triggered as specified in Env-Dw 709.22.

(b) The assessment report required by (a) above shall:

(1) Be prepared and signed by the individual who performed the assessment;

(2) Identify the date(s) on which the assessment was performed;

(3) Contain the results of the investigation of items listed in Env-Dw 720.07(d);

(4) Identify each sanitary defect detected;

(5) Describe each corrective action that has been completed; and

(6) Explain each corrective action that has been initiated but not completed or that is planned but not yet initiated, with a proposed timetable for completing each corrective action identified.

(d) If the department conducts a level 2 assessment pursuant to Env-Dw 720.07(b) or (c), the department staff who conducted the assessment shall prepare the assessment report in accordance with (b) above and provide a copy to the PWS owner.

History

#10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.11 Review and Approval of Assessment Report; Follow-Up Action

(a) The department shall review each assessment report prepared pursuant to Env-Dw 720.10(a) to determine:

(1) Whether a likely cause of the trigger has been identified; and

(2) Whether the corrective actions that have been completed, if any, or that are in progress or being planned, if any, are likely to address the cause of the trigger in a timeframe that is protective of the health and safety of persons served by the system.

(b) The department shall contact the owner for consultation if it determines that the assessment report does not:

(1) Demonstrate that the evaluations required by Env-Dw 720.07(d) were completed;

(2) Contain all information required by Env-Dw 720.10(b); or

(3) Include corrective actions and a timeframe that are protective of the health and safety of persons served by the system.

(c) If the department determines, after consultation with the owner or based on the owner’s failure to respond, that a revised assessment report is required, it shall notify the owner in writing of the additional information to be submitted in a revised assessment report.

(d) The revised assessment report submitted pursuant to (c) above shall be submitted not more than 30 days from notification by the department.

(e) The department shall approve the proposed corrective actions and timetable if it determines that the actions that have been taken, are being taken, or are proposed to be taken, as applicable, are likely to address the cause(s) of the trigger in a timeframe that is protective of the health and safety of persons served by the system.

(f) The department shall notify the owner in writing of whether the corrective actions and timetable have been approved.

(g) The owner shall notify the department when each corrective action identified in the assessment report is completed, by submitting documentation of completion, including photographs as appropriate, within the timeframe approved by the department pursuant to (e) above.

History

#10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.12 Modifications to Approved Assessment Reports

(a) The owner shall not make any modifications to the assessment report approved by the department pursuant to Env-Dw 720.11 without first obtaining approval for the modifications from the department in accordance with (b) and (c) below.

(b) To request approval for modifications to an approved assessment report, the owner shall submit the following in writing;

(1) The name of the PWS;

(2) The PWS identifier; and

(3) An explanation of how the requested modification(s) meets the criteria for approval specified in (c) below.

(1) The modification was made necessary due to circumstances beyond the control of the system owner; and

(2) The assessment report as modified will correct all remaining problems and be equally protective of the health and safety of persons served by the system.

History

#10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.13 Consultation About Corrective Actions

Consultations about corrective actions shall occur as specified in 40 CFR 141.859(d).

History

#10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.14 Violations Classified

(a) Each of the following shall constitute a treatment technique violation:

(1) Failing to comply with Env-Dw 720.06(a);

(2) Failing to conduct an assessment when and as required by Env-Dw 720.07; and

(3) Failing to correct the sanitary defects found during an assessment required by Env-Dw 720.07 within 30 days of the assessment being completed or within the timeframe established in the assessment report approved by the department pursuant to Env-Dw 720.11(e) or Env-Dw 720.12(c), as applicable.

(b) Failing to submit the completed assessment report as required by Env-Dw 720.10 shall constitute a reporting violation.

History

#10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.15 Public Notification

(a) The owner of a PWS at which a treatment technique violation as described in Env-Dw 720.14(a) or a reporting violation as described in Env-Dw 720.14(b) occurs shall provide standard public notice as specified in Env-Dw 801.08 for CWSs or Env-Dw 801.11 for NCWSs, as applicable.

(b) The owner of a CWS at which a significant deficiency as specified in Env-Dw 720.03 has not been corrected within 12 months of being notified of the deficiency, shall:

(1) Notify persons served by the system of the deficiency through the consumer confidence report (CCR) as specified in Env-Dw 811; and

(2) Continue to report in the CCR annually until the deficiency has been corrected and confirmation of the correction has been received from the department.

(c) The owner of an NCWS at which a significant deficiency as specified in Env-Dw 720.03 has not been corrected within 12 months of being notified of the deficiency shall notify persons served by the system of the deficiency in accordance with Env-Dw 803.04.

(d) The owner of a CWS at which a level 1 assessment or level 2 assessment was triggered shall notify persons served by the system of each assessment conducted pursuant to Env-Dw 720.07 and each corrective action taken or planned pursuant to approvals obtained under Env-Dw 720.11(e) or Env-Dw 720.12(c) in the CCR as specified in Env-Dw 811.

History

#10771, eff 2-1-15; ss by #12420, eff 11-18-17; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 720.16 Required Recordkeeping for Public Water Systems

(a) In addition to complying with Env-Dw 718, a PWS owner shall maintain the following records for the time period specified, subject to (c) below:

(1) Documentation of corrective actions taken in response to a notice issued under Env-Dw 720.04 shall be retained for 10 years; and

(2) Documentation of notice to the public as required under Env-Dw 800 shall be retained for 3 years.

(b) A PWS owner required to conduct an assessment in accordance with Env-Dw 720.07 also shall maintain the following records for not less than 5 years after completion of the assessment:

(1) Any assessment report regardless of who conducted the assessment;

(2) Documentation of each corrective action completed as a result of the assessment; and

(3) Any other summary documentation of the sanitary defects and corrective actions taken.

(c) A PWS owner who has been notified by the department or any other local, state, or federal agency having enforcement authority that an investigation of the system or enforcement action against the system has been initiated shall retain the documentation specified in (a) and (b) above, as applicable, for the time period specified or 3 years beyond the conclusion of the investigation and enforcement action, whichever is longer.

History

#10771, eff 2-1-15; ss by #14427, eff 11-21-25, EXPIRES 11-21-35

Part Env-Dw 721 Exemptions

N.H. Code Admin. R. Ann. Env-Dw 721.01 Definitions

(a) “Exemption” means an exception from compliance to allow a public water system extra time to comply with a new national primary drinking water regulation, as described in 42 U.S.C. 300g-5.

(b) “Unreasonable risk to health” means a situation where:

(1) The MCL for E. coli, nitrate, or nitrite would be exceeded;

(2) The MCL for any other contaminant would be exceeded by a factor of 5 or more; or

(3) If no MCL has been established, the health risk posed by the expected conditions would exceed a reasonable risk as determined using epidemiological studies.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.02 Exemptions

The department shall issue exemptions from the requirements of these drinking water rules as specified in 40 CFR 142 Subparts C and F, as applicable.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.03 Criteria for Granting an Exemption

The department shall exempt the owner of any public water system from any requirement respecting a maximum contaminant level (MCL) or any treatment technique requirement, or from both, established by an applicable drinking water rule upon determining that:

(a) The owner of the public water system is unable to comply with such MCL or treatment technique requirement by the established deadline because:

(1) The owner of the system will not be able to raise sufficient funds to install and use the required treatment technique or some other treatment method that would be adequate to meet the MCL prior to the deadline, due to factors beyond the owner’s control;

(2) The owner of the system has a long-term improvement plan that will render the need for such treatment technique unnecessary within the pay-back period for the financial investment needed to install and operate such treatment technique in the interim; or

(3) Other circumstances exist which demonstrate that the benefit to be derived by meeting the MCL or installing the required treatment technique is outweighed by the cost of doing so;

(b) The public water system was in operation on the effective date of such MCL or treatment technique requirement; and

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.04 Exemption Request

(a) The owner of a public water system who wishes to request an exemption for the system shall submit a request for exemption in writing to the department.

(b) Owners of water systems who seek similar exemptions under similar circumstances may submit a joint request for exemptions.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.05 Content of Exemption Request

Any request for an exemption shall include the following information:

(a) The name, location, and PWS identifier of the system for which the exemption is requested;

(b) The nature and duration of exemption requested;

(c) Relevant analytical results of water quality sampling of the system, including results of relevant tests conducted pursuant to the requirements of the drinking water rules;

(d) An explanation of the basis for the request, as described in Env-Dw 721.03(a);

(e) Any other information believed by the applicant to be pertinent to the application; and

(f) A proposed compliance schedule that specifies the date when each step toward compliance will be achieved.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.06 Consideration of an Exemption Request

(a) The department shall act on any exemption request within 90 days of receipt of a complete request.

(b) In its consideration of whether the public water system meets the criteria specified in Env-Dw 721.03, the department shall consider such factors as the following:

(1) The complexity and cost of construction, installation, or modification of the treatment equipment or systems;

(2) The time needed to put a new treatment facility into operation or to replace an existing system which is not in compliance; and

(3) The economic feasibility of compliance.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.07 Disposition of an Exemption Request

(a) The department shall notify the applicant in writing of its proposed decision on the application for an exemption.

(b) If the department determines that the exemption request does not demonstrate that the criteria for granting an exemption have been met, the notice sent pursuant to (a), above, shall:

(1) State the reason(s) for the determination;

(2) Offer the applicant an opportunity to present additional information or argument to the department within 30 days of receipt of the notice; and

(3) Inform the applicant that if additional information or argument is not received, the application shall be deemed denied as of the day following the deadline for submitting the information.

(c) If the applicant submits additional information or argument, the department shall review the submittal and make a final determination on the request within 30 days after receiving the additional information or argument.

(d) If the department determines that the exemption request demonstrates that the criteria for granting an exemption have been met, the notice sent pursuant to (a), above, shall identify:

(1) The name, location, and PWS identifier of the water system to which the exemption will apply;

(2) The proposed exemption;

(3) The termination date of the exemption; and

(4) That the exemption shall be terminated:

a. When the system comes into compliance with the applicable rule; or

b. Upon a finding by the department, after notice and opportunity for a hearing, that the system has failed to comply with any requirements of a final schedule issued pursuant to Env-Dw 721.10, as applicable.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.08 Proposed Schedules for Compliance and Control Measures

(a) For an exemption requested under Env-Dw 721.02, the department shall propose a schedule for:

(1) Compliance, including increments of progress, or measures to develop an alternative source of water, by the public water system with each contaminant level requirement and treatment technique requirement covered by the exemption; and

(2) Implementation by the public water system of such control measures as the department shall require for each contaminant covered by the exemption.

(b) The proposed schedule for compliance shall specify dates by which steps towards compliance are to be taken, including, at a minimum, the date by which final compliance shall be achieved.

(c) The final schedule shall be established by the department at the time the exemption is granted, subsequent to the opportunity for a hearing pursuant to Env-Dw 721.09.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.09 Public Hearings on Exemption Schedules

(a) Prior to an exemption schedule proposed by the department pursuant to Env-Dw 721.07 and Env-Dw 721.08 taking effect, the department shall provide notice and opportunity for a public hearing on the exemption schedule.

(b) If the water system has requested more than one exemption, the notice given pursuant to this section shall include information on each of the exemptions requested.

(c) Public notice of the opportunity for a hearing on an exemption schedule shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed schedule, including:

(1) Posting a public notice in the principal post office of each municipality or area served by the public water system;

(2) Publishing a notice in a newspaper of general circulation in the area served by the public water system; and

(3) Delivering notices door-to-door or by first-class mail in the area served by the public water system.

(d) The public notice shall:

(1) Include a summary of the proposed exemption schedule; and

(2) Inform interested persons that they may request a public hearing on the proposed exemption schedule.

(e) Any interested person served by the system who wishes to request a public hearing shall submit the request to the department in writing within 30 days after the issuance of the public notices pursuant to (b), above.

(f) A request for public hearing shall include the following:

(1) The name, physical address, and daytime telephone number of the individual, organization, or other entity requesting a hearing;

(2) A brief statement of the interest the person making the request has in the proposed schedule; and

(3) A brief summary of the information that the requesting person intends to submit at the hearing.

(g) The request shall be signed by the individual making the request, or, if the request is made on behalf of an organization or other entity, by a responsible official of the organization or other entity.

(h) The department shall:

(1) Give notice in the manner set forth in (c), above, of any hearing to be held pursuant to a request submitted by an interested person or on the department’s own motion; and

(2) Send the notice of the hearing to the person requesting the hearing, if any.

(i) Notice of the hearing shall:

(1) Include a statement of the purpose of the hearing;

(2) Specify the time and location of the hearing;

(3) Specify the address and telephone number of an office at which interested persons may obtain further information concerning the hearing; and

(4) Be given not less than 15 days prior to the date scheduled for the hearing.

(j) A hearing convened pursuant to this section shall be conducted in accordance with the provisions of Env-C 200 pertaining to non-adjudicative hearings.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.10 Action After Hearing; Final Schedule

(a) Within 30 days after the conclusion of the public hearing or the publication of the notice, if no hearing is held, the department shall, after taking into consideration information obtained during the hearing:

(1) Issue the exemption schedule as proposed;

(2) Issue a revised exemption schedule for compliance, including interim measures; or

(3) Deny the exemption request.

(b) The final schedule shall require compliance by the owner of the public water system with each contaminant level and treatment technique requirement prescribed as soon as practicable but not later than 36 months after the otherwise applicable compliance date established by the new rule.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.11 Extension of Date for Compliance

(a) The final date for compliance provided in any schedule in the case of an exemption shall be extended by the department for a period not to exceed 3 years after the otherwise applicable compliance date established by the new rule if the owner of the public water system establishes that:

(1) The system cannot meet the standard without capital improvements which cannot be completed within the period of the exemption;

(2) In the case of a system which needs financial assistance for the necessary improvements, the system has entered into an agreement to obtain such financial assistance but will not be able to complete the necessary improvements within the period of the exemption for reasons beyond the control of the water system; or

(3) The system has entered into an enforceable agreement to become a part of a regional public water system and the system is taking all practicable steps to meet the standard.

(b) In the case of a system that does not serve a population of more than 3,300 persons and that needs financial assistance for the necessary improvements, an extension granted under (a)(1) or (2), above, shall be renewed for one or more additional 2-year periods, not to exceed a total of 6 additional years, if the owner of the system establishes that it is taking all practicable steps to come into compliance.

(c) If the department determines that a treatment method identified in Env-Dw 722 is technically feasible, the department shall require the owner of the system to install and use that treatment method in connection with a compliance schedule. The department’s determination shall be based upon studies by the owner of the system and other relevant information.

History

#10617, eff 6-1-14

N.H. Code Admin. R. Ann. Env-Dw 721.12 Bottled Water and Point-of-Use or Point-of Entry Devices

(a) The department shall require a public water system to provide bottled water or point-of-use or point-of-entry devices or other means of response as a condition for granting an exemption from the requirements of Env-Dw 703 through Env-Dw 706.

(b) The owner of a public water system that uses bottled water as a condition of obtaining an exemption shall ensure the bottled water source meets the requirements specified in Env-Dw 303.

(c) The owner of a public water system that uses point-of-use or point-of-entry devices as a condition for receiving an exemption shall meet the requirements specified in Env-Dw 723.

History

#10617, eff 6-1-14

Part Env-Dw 722 Best Available Technology and Treatment Techniques

N.H. Code Admin. R. Ann. Env-Dw 722.01 Best Available Technology (BAT) for Microbiological

(a) The best available technology (BAT), treatment techniques, or other means available for achieving compliance with the total coliform rules as specified in Env-Dw 702 shall be as specified in 40 CFR 141.63(e) and (f).

(b) The granting of an exemption from the requirements of Env-Dw 716 concerning surface water filtration and disinfection shall be as specified in 40 CFR 141.170(d) as incorporated by reference at Env-Dw 716.08(a) and 40 CFR 141.500(b) as incorporated by reference at Env-Dw 716.08(b).

History

#10617, eff 6-1-14; ss by #12820, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 722.02 BAT for Radionuclides

Best available technology for achieving compliance with the MCLs for radionuclides as specified in Env-Dw 703.01(a) and Env-Dw 703.03 shall be as specified in 40 CFR 141.66(g) and (h).

History

#10617, eff 6-1-14; ss by #12820, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 722.03 BAT for Inorganics

The best available technology, treatment technique, or other means available for achieving compliance with the MCLs for inorganics specified in Env-Dw 704.02 shall be as specified in 40 CFR 141.62(c) and (d).

History

#10617, eff 6-1-14; ss by #12820, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 722.04 BAT for Organic Chemicals

The technologies listed in 40 CFR 141.61(b) shall be the best available technology, treatment techniques, or other means available for achieving compliance with the MCL level for organic chemicals specified in Env-Dw 705.01(b) and Env-Dw 705.02(b).

History

#10617, eff 6-1-14; ss by #12820, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 722.05 BAT for Disinfection Byproducts

The technology listed in 40 CFR 141.64 shall be the best available technology, treatment technique, or other means available for achieving compliance with the MCL for disinfection byproducts as specified in Env-Dw 705.03(c).

History

#10617, eff 6-1-14; ss by #12820, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 722.06 BAT for Residual Disinfectants

The technology listed in 40 CFR 141.65(c) shall be the best available technology, treatment technique, or other means available for achieving compliance with the MRDL for disinfectant residuals as specified in Env-Dw 705.04(c).

History

#12820, eff 6-28-19

N.H. Code Admin. R. Ann. Env-Dw 722.07 Treatment Technique for Acrylamide and Epichlorohydrin

(a) The purpose of this section is to establish treatment techniques in lieu of MCLs for acrylamide and epichlorohydrin.

(b) Each public water system shall certify annually in writing to the department that when acrylamide or epichlorohydrin are used in drinking water systems, the combination of dose and monomer level does not exceed the following specified level:

(1) For acrylamide, 0.05% dosed at 1 ppm; and

(2) For epichlorohydrin, 0.01% dosed at 20 ppm.

History

#10617, eff 6-1-14; ss by #12820, eff 6-28-19 (formerly Env-Dw 722.06)

Part Env-Dw 723 Non-Central Treatment

N.H. Code Admin. R. Ann. Env-Dw 723.01 Use of Non-Central Treatment

(a) Subject to (b), below, non-central treatment by point-of-entry (POE) or point-of-use (POU) devices shall be used by a public water system (PWS) to achieve compliance with the MCL requirements specified in Env-Dw 701 through Env-Dw 705 only where:

(1) Alternate water sources are not feasible;

(2) Centralized treatment is not feasible;

(3) The PWS is not a new community water system; and

(4) The devices are not for the treatment of the following contaminants:

a. Volatile contaminants;

b. Contaminants that cause staining or pipe deposits such as iron, manganese, and hardness; or

c. Acute contaminants such as bacteria, nitrate, or nitrite.

(b) Non-central treatment by POE devices shall be allowed only if treatment using POU devices is not feasible.

(c) The practice of re-chlorinating water or otherwise enhancing a centralized treatment in a distribution system prior to the water being further distributed to multiple service connections shall not be considered non-central treatment that is subject to this part.

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 723.02 Request to Approve Non-Central Treatment

To request approval to install and use non-central treatment devices, the PWS owner shall submit the following in writing to the department:

(a) The name, location, and PWS identifier of the system;

(b) Whether POE or POU devices are proposed to be used, and the contaminant(s) proposed to be treated by the devices;

(d) An explanation, with supporting documentation, of why centralized treatment is not feasible;

(e) If POE devices are proposed to be used:

(1) An explanation of why POU devices are not feasible;

(2) A rigorous engineering design review of the POE devices; and

(3) A demonstration that:

a. The design and application considers the tendency for increase in heterotrophic bacteria concentrations in water treated with activated carbon; and

b. Where necessary, requires the use of frequent backwashing, post-contactor disinfection, and heterotrophic plate count monitoring to ensure that the microbiological safety of the water is not compromised;

(f) Certification under NSF/ANSI 53 Health Effects or equivalent alternative proof of performance to show that the non-central treatment device(s) proposed is effective in reducing the contaminant concentration to below the applicable MCL;

(g) The results of field testing for POE devices conducted pursuant to 40 CFR 141.100, if applicable;

(h) An operations and maintenance plan that explains how:

(1) All devices will be operated, scheduled for media or cartridge replacement, and monitored for total flow treated; and

(2) Records will be maintained to ensure all devices are operated correctly to ensure the contaminant is treated as proposed; and

(i) Unless the certified operator is employed directly by the PWS, a contract with a certified operator that:

(1) Specifies the operator’s obligations to maintain and sample all installed non-central treatment devices;

(2) Is for an initial term of not less than one year; and

(3) Is subject to renewal not more frequently than once each year.

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 723.03 Department Action on Request to Approve Non-Central Treatment

The department shall approve a request to install and use non-central treatment devices if it determines that:

(a) A non-contaminated source is not available to the PWS;

(b) Centralized treatment is not feasible;

(1) Meet all applicable MCLs; and

(2) Be of acceptable quality similar to water distributed by a properly-operated central treatment plant;

(d) The results of field testing, if required, and certification or proof of performance submitted pursuant to Env-Dw 723.02(f) indicate that each treatment option proposed would be effective in reducing the contaminant concentration to below the applicable MCL;

(e) All current owners or renters of property served by the PWS agree to the implementation of the proposed non-central treatment devices, including the installation, operation, testing, and maintenance of the devices and the legal constraints on the property imposed by the installation of the devices by the PWS owner, as described in Env-Dw 723.06; and

(f) The non-central treatment system will comply with all other requirements of Env-Dw 723.01.

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 723.04 Prerequisites to Implementing Approved Non-Central Treatment

(a) Prior to installing any non-central treatment devices, the PWS owner shall:

(1) Develop and obtain approval for a monitoring and maintenance plan as specified in (b) and (c), below; and

(2) Submit a design layout for the non-central treatment devices as specified in (d), below.

(b) The PWS owner shall develop the monitoring and maintenance plan required by (a)(1), in consultation with the department, to:

(1) Be consistent with Env-Dw 707 through Env-Dw 713; and

(2) Include provisions for:

a. Monitoring of the condition and performance of the non-central treatment devices, including physical measurements, observations such as total flow treated, the mechanical condition of the treatment equipment, and the microbiological purity of the water; and

b. Scheduled maintenance.

(c) The department shall approve the monitoring and maintenance plan developed pursuant to (b), above, if the plan is adequate to ensure that the non-central treatment devices will provide health protection equivalent to central water treatment.

(d) The design layout required by (a)(2), above, shall:

(1) Ensure that all consumers will be equally protected;

(2) Provide a treatment device for each building connected to the PWS or a POU treatment device for each living or business unit within the building; and

(3) Include certification from the manufacturer that the non-central treatment devices meet the applicable American National Standards Institute (ANSI) standards even when considering the tendency for an increase in heterotrophic bacteria concentrations in water treated with activated carbon.

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 723.05 Non-Central Treatment Implementation Requirements

(a) The requirements of this section shall apply after a PWS owner receives approval for the installation and use of non-central treatment devices pursuant to Env-Dw 723.02 and Env-Dw 723.03 and complies with Env-Dw 723.04.

(b) With respect to the contract required by Env-Dw 723.02(i), the PWS owner shall:

(1) Not allow the contract to lapse for greater than 15 days; and

(2) Make the contract available for review by department staff upon request.

(1) Operate and maintain each non-central treatment device, including those installed in private homes or businesses, as specified in the monitoring plan approved under Env-Dw 723.04, by maintaining a contract with a certified operator for specific implementation of operation and maintenance;

(2) Submit data documenting that every building and every device within such building is subject to treatment and monitoring; and

(3) Not separate the non-central treatment device from the PWS by sale, lease, or other conveyance of the property.

(d) Monitoring shall be in accordance with Env-Dw 723.08.

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 723.06 Non-Central Treatment Devices Owner or Renter Agreement

(a) The PWS owner shall provide all current owners or renters of property served by the PWS with educational information regarding:

(1) How the specific non-central treatment device that is being installed for their property or unit works;

(2) How the treatment device(s) will be operated, sampled, and maintained; and

(3) The health effects associated with the contaminant being treated.

(b) The PWS owner proposing to use non-central treatment devices shall provide to the department:

(1) Written verification of the acceptance of non-central treatment by all current owners and renters; and

(2) Written verification of the willingness of the owners of each property to be served by non-central treatment to grant an easement or other covenant or legally binding contract for the property that requires any future owner of that service connection or property to abide by the non-central treatment.

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 723.07 Non-Central Treatment Equipment Requirements

(a) The non-central treatment device shall be owned or leased by the PWS owner.

(b) The non-central treatment device shall be installed and maintained by the PWS owner, provided however that the owner may contract maintenance and the repair of the devices to other water industry professionals including certified water operators.

(c) All non-central treatment devices shall have a mechanical warning indicator showing the treatment capacity remaining. Within 7 days after the mechanical warning device indicates that the treatment capacity has been met, the PWS owner shall maintain and test the device according to manufacturer specifications.

(d) The non-central treatment device shall be certified under the applicable American National Standards Institute (ANSI) standards for the intended treatment objective(s).

(e) Subject to (f), below, all non-central treatment devices shall be of the same treatment method and brand name at the time of the initial installation.

(f) A PWS owner may request the department to waive the requirement in (e), above, based on:

(1) The needs of variable-sized owners or renters connected to the PWS;

(2) Unique purity needs of certain owners or renters;

(3) The PWS owner’s evaluation of the benefits of different devices; or

(4) Any other factors that support the request.

(g) The request shall be submitted as a waiver request in accordance with Env-Dw 202.

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 723.08 Non-Central Treatment Device Monitoring Requirements

(a) Unless otherwise specified in the treatment approval, the PWS owner shall collect a sample of treated water and have the sample tested for the contaminant(s) from each non-central treatment device:

(1) Within 90 days of initial installation; and

(2) Annually thereafter as specified in the PWS’s sampling schedule provided by the department in accordance with Env-Dw 708.

(b) If any result from any non-central treatment device exceeds the MCL for the contaminant being treated, the PWS owner shall submit flow and maintenance records and results from all non-central treatment devices installed at that PWS to the department to collaboratively determine the frequency of subsequent monitoring of that device.

(c) Compliance shall be determined for each device based on the running annual average of results from samples collected at each non-central treatment device.

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 723.09 Violation of MCL when using Non-Central Treatment Devices

(a) For purposes of this section, an MCL violation for a particular contaminant occurs when the running annual average is greater than the MCL at any non-central treatment device, whether one or more samples are collected.

(b) If an MCL violation occurs, upon receiving notice of the violation the PWS owner shall:

(1) Within 7 days, provide the standard MCL violation public notice in accordance with Env-Dw 800 to the owner(s) or renter(s) having the exceedance and submit proof of public notice to the department within 10 days of distribution;

(2) Make repairs to the device within 7 days; and

(3) Test the repaired device within 7 days of repair to determine whether the MCL is being met.

(c) If the violation occurs at a community water system, the owner shall include information about the violation in the consumer confidence report (CCR) required by Env-Dw 811.

(d) If the violation occurs at a non-community water system, the owner shall post public notice as follows:

(1) At the location of the POU treatment device where the MCL was exceeded for a minimum of 7 days, if the violation arises at a POU; or

(2) If the violation arises at a POE treatment device, at all locations where consumers can access water for drinking and on a main bulletin board or other conspicuous place in the facility served by the POE treatment device.

(e) If MCL violations after non-central treatment occur on a yearly basis, the department shall determine the adequacy of the devices and the operations and maintenance plan established pursuant to Env-Dw 723.02(h) by evaluating the history of monitoring data and reviewing flow, operation, and maintenance records for all devices installed at the PWS.

(f) If the department determines that a previously-approved non-central treatment device is compromising the quality of water delivered to consumers, the department shall evaluate the need to initiate an action to suspend or revoke the approval in accordance with RSA 541-A and the provisions of Env-C 200 applicable to adjudicative proceedings.

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 723.10 Non-Central Treatment Device Ongoing Owner and Renter Education

(a) Where non-central treatment devices are used, the PWS owner shall annually provide written educational materials to owners and renters concerning the importance of using water treated by the non-central treatment device for drinking water consumption and food preparation.

(b) For community water systems, the owner may include the educational materials required by (a), above, in the CCR required by Env-Dw 811.

(d) The educational materials shall be worded as follows:

“Periodic Educational Notice

The (name of system) public water system has chosen to use (insert point-of-entry, point-of-use, or both, as applicable) treatment to reduce the concentration of (name of contaminant) in the water system serving (name of owner(s) or renter(s)).

(Insert applicable paragraph from the following:)

In point-of-entry (POE) treatment, a treatment device is installed to treat all of the water entering one particular building or service connection.

In point-of-use (POU) treatment, a small treatment device is installed on only one faucet in each unit served by the water system, rather than using a large central treatment process at the source of water. The POU treatment device typically is placed on the kitchen faucet. This type of treatment is an acceptable alternative to centralized treatment because there is no health concern relative to using untreated water for dish washing, personal hygiene, and other non-consumptive uses from other faucets in your home. The water at all other faucets in your home/office/building exceeds the MCL for (contaminant) and should not be used for consumption or used in any food preparation

The results for treated water within our public water system range from (lowest concentration) parts per million (ppm) to (highest concentration) ppm. (Number of violations) violation(s) was/were documented in calendar year (year). For further information, please call (name of water system contact) at (telephone number).

The following paragraph explains the potential adverse health effects for (contaminant). (Insert applicable health effects language found in Env-Dw 805, 806, and Env-Dw 808).”

(e) Where non-central treatment devices are installed to treat fluoride in a community water system or a non-transient, non-community water system that serves children under the age of 9, the system owner shall distribute annual public notification for fluoride to the location where the exceedance occurred in accordance with Env-Dw 803.01 if any result is greater than the secondary MCL.

(f) Where non-central treatment devices are installed in a non-transient, non-community water system, all locations where consumers might access water for drinking water or washing shall be posted to identify whether the water is potable or non-potable.

Appendix A - Statutes/Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Regulation(s) Implemented

Env-Dw 701

(see also specific sections/ paragraphs below)

RSA 485:1, I

40 CFR 141 Subpart A

Env-Dw 701.01 intro

RSA 485:41, IV

Env-Dw 701.01(a)

RSA 485:1, I

40 CFR 141 Subpart A

Env-Dw 701.01(b)

RSA 485:44, I

40 CFR 141.28

Env-Dw 701.01(d)

RSA 485:41, IV

Env-Dw 701.01(e)

RSA 485:3, I

40 CFR 141 Subpart H, I, L

Env-Dw 701.01(f)

RSA 485:3, I

40 CFR 141 Subpart S

Env-Dw 701.01(g)

RSA 485:1, II(a)

40 CFR 141 Subpart D

Env-Dw 701.01(h)-(i)

RSA 485:41, IV

Env-Dw 701.01(j)

RSA 485:3, VIII

40 CFR 142 Subpart G

Env-Dw 701.01(k)

RSA 485:1-a; RSA 485:3

40 CFR 141 Subpart J

Env-Dw 701.02

RSA 485:1, II

40 CFR 141 Subpart A

Env-Dw 701.03

RSA 485:3, I

40 CFR 141 Subpart G

Env-Dw 701.03(d)-(f)

RSA 485:3, I; RSA 485:16-e

Env-Dw 701.04 - 701.05

RSA 485:3, I, III, V, & VI

RSA 485:41, II & IV

40 CFR 141.2

Env-Dw 702 (also see specific section below)

RSA 485:3, I

40 CFR 141.52; 40 CFR 141.63

Env-Dw 702.02 – 702.03

RSA 485:3, I

40 CFR 141.52; 40 CFR 141.63;

40 CFR 141.860

Env-Dw 702.04

RSA 485:3, I

40 CFR 141.52; 40 CFR 141.63

Env-Dw 703

RSA 485:3, I

40 CFR 141.55; 40 CFR 141.66

Env-Dw 704

RSA 485:3, I

40 CFR 141.51; 40 CFR 141.62

Env-Dw 704.02

RSA 485:3, I; Laws of 2019, 208:1, II

40 CFR 141.51; 40 CFR 141.62

Env-Dw 705 (also see specific section below)

RSA 485:3, I

40 CFR 141.50; 40 CFR 141.53;

40 CFR 141.54; 40 CFR 141.61;

40 CFR 141.64; 40 CFR 141.65

Env-Dw 705.05

RSA 485:3, IV

40 CFR 141.111

Env-Dw 705.06

RSA 485:3, I; RSA 485:16-e

Env-Dw 706

RSA 485:3, I(a), I(b)(1), II;

Env-Dw 706

Env-Dw 707 (also see additional details below)

RSA 485:3, I

40 CFR 141, 142, & 143

Env-Dw 707.02(a)

RSA 485:3, I(c)

40 CFR 141 Subpart C

Env-Dw 707.02(b)

RSA 485:3, I(c); 485:35

40 CFR 141.101

Env-Dw 707.02(c)

RSA 485:3, I

40 CFR 141 Subparts C & Y

Env-Dw 707.03

RSA 485:3, I

40 CFR 141.29

Env-Dw 707.06(a), (d) intro & (1)

RSA 485:3, I

40 CFR 141, 142, & 143;

40 CFR 141.852(a) & (c)

Env-Dw 707.06(d)-(e)

RSA 485:3, I; RSA 485:16-e

Env-Dw 707.06(d)-(e)

Env-Dw 707.07

RSA 485:3, I

40 CFR 141.28; 40 CFR 141.852(b)

Env-Dw 708.01(e)

RSA 485:3, I; RSA 485:16-e

Env-Dw 708.02

RSA 485:3, I

40 CFR 141.24 (f);

40 CFR 141.853 - 141.857

Env-Dw 708.03

RSA 485:3, I

Env-Dw 708.04(c)(2)

RSA 485:3, I

40 CFR 141.24 (f); 40 CFR 141.853 - 141.857

Env-Dw 708.05

RSA 485:3, I

40 CFR 141.24 (f)

Env-Dw 708.05(d)

RSA 485:3, I

40 CFR 141.24 (f); 40 CFR 141.853 - 141.857

Env-Dw 708.06

RSA 485:3, I

Env-Dw 708.07

RSA 485:3, I

Env-Dw 708.08

RSA 485:3, I

Env-Dw 708.09

RSA 485:3, I

40 CFR 141.32

Env-Dw 708.10

RSA 485:3, I

Env-Dw 708.11

RSA 485:3, I

Env-Dw 708.12

RSA 485:41, I

40 CFR 141.26; 40 CFR 141.66

Env-Dw 709.01 - 709.25

RSA 485:3, I

40 CFR 141.21; 40 CFR 141.853 - 141.861

Env-Dw 710.01

RSA 485:3, I

40 CFR 141.26

Env-Dw 710.02

RSA 485:3, I

40 CFR 141.66

Env-Dw 710.03 - 710.11

RSA 485:3, I; RSA 485:41, I & IV

40 CFR 141.26

Env-Dw 710.12

RSA 485:41, IV

40 CFR 141 Subpart C, Appendix A;

40 CFR 142 & 143

Env-Dw 711.01 - 711.07

RSA 485:3, I(c)

40 CFR 141.23(a); 40 CFR 142 & 143

Env-Dw 711.08

RSA 485:41, IV

40 CFR 141.31

Env-Dw 711.09 - 711.15

RSA 485:3, I(c)

40 CFR 141.23(b)

Env-Dw 711.16

RSA 485:41, IV

40 CFR 141

Env-Dw 711.17

RSA 485:3, I

40 CFR 141.23(b)

Env-Dw 711.18 - 711.22

RSA 485:3, I

40 CFR 141.23; 40 CFR 142 & 143

Env-Dw 711.23

RSA 485:41, IV

40 CFR 141.31

Env-Dw 711.24 - 711.28

RSA 483:3, I

40 CFR 141.23

Env-Dw 711.29

RSA 485:41, IV

40 CFR 141.31

Env-Dw 712.01 - 712.03

RSA 485:3, I

40 CFR 141.40

Env-Dw 712.04

RSA 485:3; RSA 485:41

40 CFR 141.24

Env-Dw 712.05

RSA 485:3, I

Env-Dw 712.06

RSA 485:3, I

40 CFR 141.24 (f)

Env-Dw 712.07 - 712.08

RSA 485:3, I

40 CFR 14.23 (k)

Env-Dw 712.09

RSA 485:41, IV

40 CFR 141.23

Env-Dw 712.10 - 712.11

RSA 485:3, I

40 CFR 141.24 (f)

Env-Dw 712.12 - 712.14

RSA 485:3, I

Env-Dw 712.15

RSA 485:41, IV

40 CFR 141.31

Env-Dw 712.16 - 712.17

RSA 485:3, I

Env-Dw 712.18

RSA 485:3, I(c)

40 CFR 141.132

Env-Dw 712.19

RSA 485:3, I

40 CFR 141.30

Env-Dw 712.20 - 712.22

RSA 485:3, I

40 CFR 141.24(e)(6); 40 CFR 141.30

Env-Dw 712.23 - 712.30

RSA 485:3, I; RSA 485:16-e

Env-Dw 713.01 - 713.05

RSA 485:3, II

40 CFR 143.4

Env-Dw 713.06

RSA 485:3, I(c)

Env-Dw 713.07

RSA 485:41, IV

40 CFR 141.31

Env-Dw 713.08

RSA 485:3, II

Env-Dw 714.01

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.1; 40 CFR §141.80(a)-(b)

Env-Dw 714.02

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.2

Env-Dw 714.03

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.80(c)

Env-Dw 714.04

RSA 485:1; RSA 485:3, I & VII

40 CFR § § 141.81 - 141.83; §§141.86 - 141.88

Env-Dw 714.05

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.84

Env-Dw 714.06

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.85

Env-Dw 714.07

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.90

Env-Dw 714.08

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.86

Env-Dw 714.09

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.87

Env-Dw 714.10

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.88

Env-Dw 714.11

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.89

Env-Dw 714.12

RSA 485:1; RSA 485:3, I & VII

40 CFR §141.91

Env-Dw 715

RSA 485:3, I(c)

RSA 485:41, II & IV

40 CFR 141 Subpart L (§§130-135);

40 CFR 141 Subpart U (§§600-605);

40 CFR 141 Subpart V (§§620-629)

Env-Dw 716

RSA 485:3, I & VI

RSA 485:41, II & IV

40 CFR 141 Subpart H (§§70-76)

40 CFR 141 Subpart P (§§171-175)

40 CFR 141 Subpart T (§§500-571)

40 CFR 141 Subpart W (§§700-723)

Env-Dw 717.01

RSA 485:3, I

40 CFR 141.400(a)

Env-Dw 717.02

RSA 485:3, I

40 CFR 141.400(b)

Env-Dw 717.03

RSA 485:3, I

40 CFR 141.2, 141.400(b) & 142.16

Env-Dw 717.04

RSA 485:3, I & VI

40 CFR 141.400(d)

Env-Dw 717.05

RSA 485:3, I

40 CFR 141.402(e)

Env-Dw 717.06

RSA 485:3, I

40 CFR 141.402

Env-Dw 717.07

RSA 485:3, I & VI

40 CFR 141.402(f) & 141.403(b)

Env-Dw 717.08

RSA 485:3, I & VI

40 CFR 141.400(b)

Env-Dw 717.09

RSA 485:3, I & VI

40 CFR 141.400(a); 40 CFR 141.403(b)(1)

Env-Dw 717.10

RSA 485:3, I & VI

40 CFR 141.403(c)

Env-Dw 717.11

RSA 485:3, I & VI

40 CFR 141.400(a)

Env-Dw 717.12

RSA 485:3, I & VI

40 CFR 141.402(a)

Env-Dw 717.13

RSA 485:3, I & VI

40 CFR 141.402(a); 40 CFR 141.403(b)(1)

Env-Dw 717.14

RSA 485:3, I & VI

40 CFR 141.400(b)

Env-Dw 717.15 - 717.17

RSA 485:3, I & VI

40 CFR 141.402(b)

Env-Dw 717.18

RSA 485:3, I & VI

40 CFR 141.405(a)

Env-Dw 717.19

RSA 485:3, I & VI

40 CFR 141.405(b)

Env-Dw 717.20

RSA 485:3, I & VI

40 CFR 141.403 & 141.405(a)

Env-Dw 717.20 intro,

(n), (s)

RSA 485:1; RSA 485:3, I & VI

40 CFR 141.403; 40 CFR 141.405(a)

Env-Dw 717.21

RSA 485:3, I & VI

40 CFR 141.202; 40 CFR 141.203;

40 CFR 141.402(h); 40 CFR 141.404

Env-Dw 717.22

RSA 485:3, I & VI

40 CFR 141.402(g) & 141.403(a)

Env-Dw 717.23

RSA 485:3, I & VI

40 CFR 141.400(a)

Env-Dw 717.24

RSA 485:3, I & VI

40 CFR 141.400(b)

Env-Dw 717.25

RSA 485:3, I & VI

40 CFR 141.400(a)

Env-Dw 718

RSA 485:41, IV

40 CFR 141 Subpart D

Env-Dw 719

RSA 485:41, IV

40 CFR 141.31

Env-Dw 720

(also see specific sections below)

RSA 485:1, 3, 4, 41, 43, 45, 58

40 CFR 141; 40 CFR 142

Env-Dw 720.01 - 720.03

RSA 485:1, II(a), (d), (e), & (h); RSA 485:3, I(c); RSA 485:4, I & III; RSA 485:41, V; RSA 485:45

40 CFR 141.21(d); 40 CFR 141.401;

40 CFR 142.10(b)(2)

Env-Dw 720. 04 – Env-Dw 720.06

RSA 485:1, I; RSA 485:3, I(c); RSA 485:58, I

40 CFR 141.21(d); 40 CFR 141 Subpart D (§§31-35) 40 CFR 141 Subpart S (§§400-405)

Env-Dw 720.07 - 720.13

RSA 485:1, I; RSA 485:3, I(c)

40 CFR 141.859

Env-Dw 720.14

RSA 485:1, I; RSA 485:3, I(c)

40 CFR 141.860

Env-Dw 720.15

RSA 485:1, I; RSA 485:3, III(b)

Env-Dw 720.16

RSA 485:1, I; RSA 485:41, IV

40 CFR 141.33; 40 CFR 141 Subpart S

Env-Dw 721

RSA 485:3, I & III; RSA 485:42

40 CFR 142 Subparts C and F

Env-Dw 722

RSA 485:3, I, V, & VI;

RSA 485:41, II

40 CFR 141 Subpart K; 40 CFR 142 Subpart G

Env-Dw 723

RSA 485:3, I, V, & VI;

RSA 485:41, II

40 CFR 141 Subpart J; 40 CFR 142.57

Appendix B - Federal Definitions

40 CFR §141.2

Compliance cycle means the nine-year calendar year cycle during which public water systems must monitor. Each compliance cycle consists of three three-year compliance periods. The first calendar year cycle begins January 1, 1993 and ends December 31, 2001; the second begins January 1, 2002 and ends December 31, 2010; the third begins January 1, 2011 and ends December 31, 2019.

Compliance period means a three-year calendar period within a compliance cycle. Each compliance cycle has three three-year compliance periods. Within the first compliance cycle, the first compliance period runs from January 1, 1993 to December 31, 1995; the second from January 1, 1996 to December 31, 1998, the third from January 1, 1999 to December 31, 2001.

Corrosion inhibitor means a substance capable of reducing the corrosivity of water toward metal plumbing materials, especially lead and copper, by forming a protective film on the interior surface of those materials.

Domestic or other non-distribution system plumbing problem means a coliform contamination problem in a public water system with more than one service connection that is limited to the specific service connection from which a coliform-positive sample was taken.

Dose equivalent means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified the International Commission on Radiological Units and Measurements (ICRU).

Initial compliance period means the first full three-year compliance period which begins at least 18 months after promulgation, except for contaminants listed at §141.61(a)(19)-(21), (c) (19)-(33), and § 141.62(b)(11)-(15), initial compliance period means the first full three-year compliance period after promulgation for systems with 150 or more service connections (January 1993-December 1995), and first full three-year compliance period after the effective date of the regulation (January 1996-December 1998) for systems having fewer than 150 service connections.

Lead service line means a service line made of lead which connects the water main to the building inlet and any lead pigtail, gooseneck or other fitting which is connected to such lead line.

Level 1 assessment is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g. whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system.

Level 2 assessment is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system’s monitoring and operational practices) than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the State, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation.

Man-made beta particle and photon emitters mean all radionuclides emitting beta particles and/or photons listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, NBS Handbook 69, except the daughter products of thorium-232, uranium-235 and uranium-238.

Near the first service connection means at one of the 20 percent of all service connections in the entire system that are nearest the water supply treatment facility, as measured by water transport time within the distribution system.

Point-of-entry treatment device” (POE) means a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

Point-of-use treatment device (POU) means a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap.

Repeat compliance period means any subsequent compliance period after the initial compliance period.

Residual disinfectant concentration (“C” in CT calculations) means the concentration of disinfectant measured in mg/l in a representative sample of water.

Too numerous to count means that the total number of bacterial colonies exceeds 200 on a 47-mm diameter membrane filter used for coliform detection.

40 CFR §141.91 Recordkeeping requirements:

“Any system subject to the requirements of this subpart shall retain on its premises original records of all sampling data and analyses, reports, surveys, letters, evaluations, schedules, State determinations, and any other information required by §§141.81 through 141.88. Each water system shall retain the records required by this section for no fewer than 12 years.”

Appendix B: Federal Definitions for Env-Dw 716

40 CFR §141.2

Conventional filtration treatment means a series of processes including coagulation, flocculation, sedimentation, and filtration resulting in substantial particulate removal.

Direct filtration means a series of processes including coagulation and filtration but excluding sedimentation resulting in substantial particulate removal.

Flocculation means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means.

Legionella means a genus of bacteria, some species of which have caused a type of pneumonia called legionnaires disease.

Sedimentation means a process for removal of solids before filtration by gravity or separation.

Virus means a virus of fecal origin which is infectious to humans by waterborne transmission.

40 CFR §141.91 Recordkeeping requirements:

Appendix C: Definition of Pesticide

Pes 101.21 “Pesticide” means:

(a) Any chemical or biological agent used to control a pest including but not limited to the following materials:

(1) Acaricides or miticides;

(2) Insecticides;

(3) Nematocides;

(4) Herbicides;

(5) Desiccants;

(6) Defoliants;

(7) Fungicides;

(8) Molluscides;

(9) Repellents;

(10) Algaecides;

(11) Rodenticides;

(12) Disinfectants; and

(13) Fumigants; and

(b) Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects, rodents, fungi, weeds or other forms of plant or animal life or viruses which the board declares to be a pest, except viruses on or in living man or other animals, and any substances or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

Appendix D: Monitoring Frequency for PFAS Contaminants Based on Specified MCL

Perfluorohexane sulfonic acid (PFHxS); MCL = 18 ng/L

Average Monitoring Result (ng/L)

Frequency

9 to 18

Annually

≤ 9

Every 3 years

Perfluorononanoic acid (PFNA); MCL = 11 ng/L

Average Monitoring Result (ng/L)

Frequency

5.5 to 11

Annually

≤ 5.5

Every 3 years

Perfluorooctane sulfonic acid (PFOS); MCL = 15 ng/L

Average Monitoring Result (ng/L)

Frequency

7.5 to 15

Annually

≤ 7.5

Every 3 years

Perfluorooctanoic acid (PFOA); MCL = 12 ng/L

Average Monitoring Result (ng/L)

Frequency

6 to 12

Annually

≤ 6

Every 3 years

History

#10618, eff 6-1-14, EXPIRED 6-1-24
#14119, eff 11-23-24, EXPIRES: 11-23-34

Chapter Env-Dw 800 Public Notification by Public Water Systems

Part Env-Dw 801 General Violation Notification Requirements

N.H. Code Admin. R. Ann. Env-Dw 801.01 Applicability; Recipient(s) of Public Notice

(a) The public notice requirements specified in this chapter shall apply to each public water system (PWS) that is subject to the requirements for which Env-Dw 801.05, Env-Dw 801.08(a), or Env-Dw 801.11(a) require notice to be provided.

(b) An O/O who is required to give public notice under this chapter shall notify the persons served by the PWS as specified herein.

(1) Subject to (d), below, the O/O of the supplying PWS shall give public notice as required by this chapter to the O/O of the consecutive PWS; and

(2) The O/O of the consecutive PWS shall provide public notice to the persons served by the consecutive PWS.

(d) If the O/O of the consecutive PWS wants the O/O of the supplying PWS to provide notice to the certified operator of the consecutive PWS in addition to or in lieu of the O/O of the consecutive system, the O/O of the consecutive PWS shall:

(1) Provide such directive in writing to the O/O of the supplying PWS; and

(2) Send a copy of the directive to the department concurrently with sending it to the O/O of the supplying PWS.

(e) The O/O of the consecutive PWS may rescind the directive at any time by providing written notice of the rescission to the O/O of the supplying PWS and sending a copy of the rescission to the department.

(f) Any notice under this chapter that is required to be given to the department shall be directed to the attention of the department’s drinking water program.

(g) For a PWS owned by a political subdivision, the PWS shall not be required to provide notice under Env-Dw 801.08(a)(5) or Env-Dw 801.11(a)(5) relative to exceeding ambient groundwater quality standards if the local legislative body of the political subdivision does not approve funding for the cost of the notice.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.02 Requirement to Use Specific Notice Language

(a) When providing the information on potential adverse health effects required by Env-Dw 801.03(a)(3), the O/O shall include the applicable language specified in Env-Dw 804 through Env-Dw 810 for each contaminant or situation.

(b) If language for a particular contaminant is not specified in Env-Dw 804 through Env-Dw 810 at the time notice is required, the O/O shall contact the department.

(c) The O/O of a PWS at which the secondary MCL for fluoride as specified in Env-Dw 706.01 is exceeded shall issue public notice as specified in Env-Dw 803.01.

(d) The O/O of a PWS for which an exemption has been granted under RSA 485:42 shall issue public notice as specified in Env-Dw 802.

(e) The O/O of a PWS that is subject to the unregulated contaminant monitoring rule identified in 40 CFR 141.40 shall issue public notice as specified in Env-Dw 803.03.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.03 Elements of a Public Notice

Unless otherwise specified in Env-Dw 802 or Env-Dw 803, public notice shall:

(a) For each violation or situation for which notice is being given:

(1) Describe the violation or situation, including identifying each contaminant of concern and the corresponding contaminant level;

(2) Identify the compliance period, including year, when the violation or situation occurred;

(3) Describe any potential adverse health effects from the violation or situation using the applicable health effects language for that contaminant as specified in Env-Dw 804 through Env-Dw 810; and

(4) Identify the population(s) at risk, including each subpopulation that is particularly vulnerable if exposed to the contaminant in the drinking water;

(b) Advise whether alternative water supplies should be used;

(d) Describe actions the O/O is taking to correct the violation(s) or situation(s);

(e) Identify when the O/O is expected to return to compliance or otherwise resolve the situation(s);

(f) Provide the name, business address, and telephone number of the PWS owner, certified operator, or designee as a source of additional information concerning the notice;

(g) Include the following statement:

“Please share this information with all the other people who drink this water, especially those who may not have received this notice directly (for example, people in apartments, nursing homes, schools and businesses). You can do this by posting this notice in a public place or distributing copies by hand or by mail.”; and

(h) Include the following statement, including the information necessary to fill in the blanks, if the public notice is issued for a monitoring and reporting or monitoring and testing procedure violation as set forth in Env-Dw 707 through Env-Dw 713:

“We are required to monitor your drinking water for specific contaminants on a regular basis. Results of regular monitoring are an indicator of whether or not your drinking water meets health standards. During [compliance period], we ‘did not monitor or test’ or ‘did not complete all monitoring or testing’ for [contaminants(s)], and therefore cannot be sure of the quality of your drinking water during that time.”.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.04 Acute Public Notice and Required Consultations

(a) For purposes of this section, the following definitions shall apply:

(1) “Consult with the department” means the O/O has engaged in 2-way communications directly with an individual in the department’s drinking water program, whether such communications are in person, by telephone, by fax, or by e-mail;

(2) “Initiate consultations” means the O/O has made reasonable efforts to communicate with the department, whether or not the efforts were initially successful; and

(3) “Made reasonable efforts” means the O/O conveyed information to the department by telephone, fax, or e-mail regarding the occurrence of the violation or situation, which included current contact information for the O/O or designee.

(b) As soon as practical but no later than 24 hours after learning of a turbidity MCL violation as listed in Env-Dw 801.05(g) or a treatment technique violation as listed in Env-Dw 801.05(h), the O/O shall consult with the department as specified in Env-Dw 801.06 relative to consultation for acute public notice violations or situations.

(c) As soon as practical, but no later than 24 hours after learning of a violation or situation listed in Env-Dw 801.05(a)-(f) or (i)-(k), the O/O shall:

(1) Issue acute public notice as specified in Env-Dw 801.07; and

(2) Initiate consultations with the department as specified in Env-Dw 801.06 to determine whether additional public notice is required.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.05 Violations and Other Situations for Which Acute Public Notice is Required

The O/O shall provide acute public notice, in accordance with Env-Dw 801.01 through Env-Dw 801.04 and Env-Dw 801.07, of any of the following violations or situations:

(a) Any violation of the MCL for E. coli specified in Env-Dw 702;

(b) Any detection of E. coli as specified in Env-Dw 709.19, subject to Env-Dw 709.20;

(c) Any detection of E. coli, enterococci, or coliphage in the groundwater source at a system that is subject to Env-Dw 717;

(d) Any violation of the MCL for nitrate, nitrite, or total nitrate and nitrite as specified in Env-Dw 704.02 and determined in accordance with Env-Dw 707, Env-Dw 708, and Env-Dw 711;

(e) Any failure to collect a confirmation sample of nitrate, nitrite, or total nitrate and nitrite within 24 hours of the water system’s receipt of the first sample results showing an exceedance of the nitrate or nitrite MCL, if required pursuant to Env-Dw 708 or Env-Dw 711;

(f) Any violation of the chlorine dioxide MRDL as specified in Env-Dw 705.04(c), where:

(1) The required samples were not collected in the distribution system; or

(2) One or more samples collected in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL;

(g) Any violation of the turbidity MCL specified in 40 CFR 141.13(b) if:

(1) The O/O fails to consult with the department within 24 hours of learning of the violation as required by Env-Dw 801.04(b); or

(2) After the required consultation, the department determines, based on the circumstances causing or contributing to the violation, that public notice is required to protect public health and safety;

(h) Any violation of a treatment technique requirement specified in the federal requirements relating to filtration and disinfection that are incorporated by Env-Dw 716, resulting from a single exceedance of the maximum allowable turbidity limit, if:

(1) The O/O fails to consult with the department within 24 hours of learning of the violation as required by Env-Dw 801.04(b); or

(i) Any occurrence of a waterborne disease outbreak as defined in 40 CFR 141.2;

(j) Any occurrence of a waterborne emergency, including, but not limited to:

(1) A failure or significant interruption of key water treatment processes or distribution;

(2) A natural disaster that disrupts the water supply or distribution system; or

(3) A chemical spill or the unexpected introduction of possible pathogens or substances into the source water that significantly increases the potential for drinking water contamination; and

(k) Any other violation or situation that has significant potential to cause serious adverse effects on human health as a result of short-term exposure, that is:

(1) Identified in Env-Dw 700; or

(2) Determined by the department after consultation with the O/O to warrant public notice in order to protect public health and safety.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.06 Consultation for Acute Public Notice Violations or Situations

(a) The consultation between the department and the O/O required by Env-Dw 801.04(c)(2) shall be to determine:

(1) The degree of risk to public health from the violation or situation;

(2) Whether additional public notice will be required to be given by the O/O; and

(3) If additional public notice is required, the parameters for such notice, including timing, form, manner and frequency of distribution, and content.

(b) The determinations in (a), above, shall be based on:

(1) The nature of the specific violation or situation, including whether it exists throughout the entire PWS or is confined to only a portion of the PWS;

(2) When the violation or situation first occurred and how long it has been on-going;

(3) The severity of the violation or situation; and

(4) The potential health risk posed by the violation or situation.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.07 Acute Public Notice; Methods of Delivery

(a) The O/O shall notify persons served by the PWS of any of the violations or situations listed in Env-Dw 801.05 within 24 hours of learning of the violation or situation.

(b) The O/O shall deliver the notice in a manner that is calculated to reach all persons served, by using at least one of the following forms of delivery:

(1) Broadcast media, such as radio and television, by furnishing a copy of the public notice for broadcast to radio or television stations, or both, that broadcast in the area served by the PWS;

(2) Written notice to all persons served by the PWS using one or more of the following methods:

a. If the area is served by a daily newspaper of general circulation, by publication in 3 consecutive issues of that newspaper;

b. By door-to-door hand delivery; or

c. For non-transient PWS, by posting the public notice in conspicuous locations throughout the area served by the PWS for as long as the violation persists or 7 days, whichever is longer; or

(3) Subject to (c) below, reverse 911 telephone service to all persons served by the PWS, provided:

a. Current phone numbers are known for all service connections; and

b. A receipt mechanism confirms that notice was received within 24 hours of transmittal.

(c) When reverse 911 is used but all current phone numbers are not known, one of the delivery methods specified in (b)(1) or (2), above, shall be used for each person for whom the number is not known.

(d) To supplement the delivery of notice by one or more methods listed in (b), above, the O/O may also distribute the public notice to persons served by the system using any of the methods specified below:

(1) Delivery of multiple copies for distribution by customers who provide the water to others, such as apartment building owners, schools, or large private employers;

(2) Posting on the internet; or

(3) Delivery of one or more copies to community organizations.

(e) Within 10 days of providing notice to each consumer, the O/O shall submit to the department the certification specified in Env-Dw 801.18.

(f) Public notices for the violations described in (a), above, shall be repeated every 3 months for as long as the violation or situation persists unless the O/O requests, and the department approves, a different frequency pursuant to Env-Dw 801.10.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.08 Standard Public Notice for Community Water Systems (CWS)

(a) The O/O of a community water system (CWS) shall provide notice, as required by Env-Dw 801.01, in accordance with (b), below, within 30 days of learning of any of the following violations or situations:

(1) Any violation of an applicable MCL, MRDL, treatment technique, monitoring, or testing procedure requirements specified in Env-Dw 700 that is not an acute violation specified in Env-Dw 801.05;

(2) Any violation of the reporting or recordkeeping requirements specified in Env-Dw 709, Env-Dw 720.14(b), or Env-Dw 720.16(b);

(3) Any violation of the turbidity MCL requirements established in 40 CFR 141.13(b) where the department determines, after consultation in accordance with Env-Dw 801.06, that the violation does not impose an acute health risk that warrants notification to the public within 24 hours;

(4) Any violation of a federal treatment technique relating to filtration and disinfection as incorporated by Env-Dw 716, as noted in Env-Dw 801.05(h), where the department determines, after consultation in accordance with Env-Dw 801.06, that the violation does not impose an acute health risk that warrants notification to the public within 24 hours;

(5) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses before or at the first customer as specified in Env-Dw 717; or

(6) Failure to comply with ambient groundwater quality standards (AGQS) as required by Env-Dw 707.02(b).

(b) The CWS O/O shall notify each customer receiving a bill and the O/O of any other service connection through which water is delivered to the public of any of the violations listed in (a), above, in such a manner that is calculated to reach all persons served by the CWS, by using at least one of the following forms of delivery:

(1) Mail delivery; or

(2) Door-to-door hand delivery.

(c) If the CWS O/O determines that not all persons served by the CWS were reached using the method chosen by the O/O from those described in (b), above, the O/O shall issue notice to persons served by the CWS using one of the following methods:

(1) Publication in a local newspaper or newsletter distributed to all persons served by the CWS;

(2) Delivery of multiple copies for distribution by customers that provide the water to others, such as apartments building owners, schools, or large private employers;

(3) Posting in public places served by the CWS;

(4) Posting on the internet or email broadcast to all persons served by the CWS; or

(5) Delivery of one or more copies to community organizations.

(d) A CWS O/O who chooses to use the method in (c)(3), above, shall post the public notice for as long as the violation persists or 7 days, whichever is longer.

(e) Within 10 days of providing notice to its customers, the CWS O/O shall submit to the department the certification specified in Env-Dw 801.18.

(f) Public notices for the violations described in (a), above, shall be repeated every 3 months for as long as the violation persists unless the CWS O/O requests, and the department approves, a different frequency pursuant to Env-Dw 801.10.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.09 Request for Extension of Standard Public Notice for CWS

(a) If a CWS O/O is unable to provide public notice within 30 days as required by Env-Dw 801.08(a), the O/O shall submit a request for an extension in writing to the department.

(b) A request for an extension shall:

(1) Be filed prior to the expiration of the 30-day notice period;

(2) Identify the CWS by name and PWS identifier;

(3) Explain why the O/O is unable to provide the required notice within the required time;

(4) Identify the length of the extension being requested; and

(5) Describe what alternative(s), if any, will be used by the O/O prior to providing the required notice to ensure that public health will be protected.

(c) The department shall respond to the extension request in writing. If the request is denied, the department shall specify the reason(s) for the denial.

(d) The department shall approve the extension request if it finds that the alternative(s) proposed will:

(1) Adequately protect human health and the environment; and

(2) Meet all applicable federal requirements.

(e) An extension granted by the department shall extend the time for providing the initial notice not more than 3 months from the date the water system learns of the violation.

(f) In no event shall an extension request be approved for any ongoing violations.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.10 Alternate Frequency for Repeat Standard Public Notice for CWS

(a) If a CWS O/O who is required to provide repeat notice under Env-Dw 801.08(f) wishes to provide repeat notice less frequently than once every 3 months, the O/O shall submit a request for a modification of the repeat notice frequency in writing to the department.

(b) A request for an alternate repeat notice frequency shall:

(1) Be filed prior to the expiration of the notice period required by Env-Dw 801.08(a) or extension thereof granted pursuant to Env-Dw 801.09;

(2) Identify the CWS by name and PWS identifier;

(3) Explain why the O/O is unable or unwilling to provide the required repeat notice every 3 months;

(4) Identify the frequency being requested for the repeat notices; and

(5) Explain how public health will be protected even though the frequency of repeat notices would be reduced.

(c) The department shall respond to the request for a modification of the repeat notice frequency in writing. If the request is denied, the department shall specify the reason(s) for the denial.

(d) The department shall approve the request if it finds that the proposed frequency will:

(1) Adequately protect human health and the environment; and

(2) Meet all applicable federal requirements.

(e) In no event shall repeat notice be given less frequently than once per year.

(f) In no event shall the department approve a less frequent repeat notice for an MCL or treatment technique violation under Env-Dw 709.23 or for violations of federal treatment techniques incorporated by Env-Dw 716, as noted in Env-Dw 801.05(h).

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.11 Standard Public Notice for Non-Community Water Systems (NCWS)

(a) The O/O of a non-community water system (NCWS) shall provide notice, as required by Env-Dw 801.01, in accordance with (b), below, within 30 days of learning of any of the following violations or situations:

(1) A violation of an applicable MCL, MRDL, treatment technique, monitoring, or testing procedure requirements specified in Env-Dw 700 that is not an acute violation specified in Env-Dw 801.05;

(2) Any violation of the reporting and recordkeeping requirements specified in Env-Dw 709, Env-Dw 720.14(b) or Env-Dw 720.16(b);

(5) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses before or at the first customer as specified in Env-Dw 717;

(6) Failure to comply with ambient groundwater quality standards (AGQS) as required by Env-Dw 707.02(b); or

(7) Failure to complete seasonal start-up procedures and certification as required by Env-Dw 506.

(b) The NCWS O/O shall notify each customer receiving a bill and the owner of any other service connection through which water is delivered to the public of any of the violations listed in (a), above, in such a manner that is calculated to reach all persons served by the NCWS, by using at least one of the following forms of delivery:

(1) Mail delivery;

(2) Door-to-door hand delivery; or

(3) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system.

(c) If the NCWS O/O determines that persons served by the NCWS cannot be reached using the delivery methods specified in (a), above, the O/O shall issue notice to persons served by the NCWS using one of the following methods:

(1) Publication in a local newspaper or newsletter distributed to persons served by the NCWS;

(2) Delivery of multiple copies for distribution by customers that provide the water to others, such as apartment building owners, schools, or large private employers;

(3) Posting on the internet or email broadcast to all persons served by the system; or

(4) Delivery of one or more copies to community organizations.

(d) Within 10 days of providing notice to its customers, the NCWS O/O shall submit to the department the certification specified in Env-Dw 801.18.

(e) If the NCWS O/O elects to provide public notice by posting the notice, posting shall continue for as long as the violation persists or 7 days, whichever is longer.

(f) Subject to (g), below, the NCWS O/O shall repeat the public notice for the standard violations described in (a), above, every 3 months for as long as the violation persists unless the NCWS owner requests, and the department approves, a different frequency pursuant to Env-Dw 801.13.

(g) If a monitoring violation occurs at a seasonal system that will not be in operation for at least 3 months following the issuance of the public notice, the NCWS O/O shall also post the notice upon the reopening of the system the following season. If such additional posting is required, the notice shall remain posted for 7 days or as long as the violation persists, whichever is longer.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.12 Request for Extension of Standard Violation Public Notice for NCWS

(a) If an NCWS O/O is unable to provide public notice within 30 days as required by Env-Dw 801.11(a), the O/O shall submit a request for an extension in writing to the department.

(b) A request for an extension shall:

(1) Be filed prior to the expiration of the 30-day notice period;

(2) Identify the water system by name and PWS identifier;

(3) Explain why the O/O is unable to provide the required notice within the required time;

(4) Identify the length of the extension being requested; and

(5) Describe what alternative(s), if any, will be used by the O/O prior to providing the required notice to ensure that public health will be protected.

(c) The department shall respond to the extension request in writing. If the request is denied, the department shall specify the reason(s) for the denial.

(d) The department shall approve the extension request if it finds that the alternative(s) proposed will:

(1) Adequately protect human health and the environment; and

(2) Meet all applicable federal requirements.

(e) An extension granted by the department shall extend the time for providing notice not more than 3 months from the date the water system learns of the violation.

(f) In no event shall an extension request be approved for any ongoing violations.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.13 Alternate Frequency for Repeat Standard Public Notice for NCWS

(a) If an NCWS O/O who is required to provide repeat notice under Env-Dw 801.11(f) wishes to provide repeat notice less frequently than once every 3 months, the O/O shall submit a request for a modification of the repeat notice frequency in writing to the department.

(b) A request for an alternate repeat notice frequency shall:

(1) Be filed prior to the expiration of the notice period required by Env-Dw 801.11(a) or extension thereof granted pursuant to Env-Dw 801.12;

(2) Identify the NCWS by name and PWS identifier;

(3) Explain why the O/O is unable or unwilling to provide the required repeat notice every 3 months;

(4) Identify the frequency being requested for the repeat notices; and

(5) Explain how public health will be protected even though the frequency of repeat notices would be reduced.

(c) The department shall respond to the request for a modification of the repeat notice frequency in writing. If the request is denied, the department shall specify the reason(s) for the denial.

(d) The department shall approve the request if it finds that the proposed frequency will:

(1) Adequately protect human health and the environment; and

(2) Meet all applicable federal requirements.

(e) In no event shall repeat notice be given less frequently than once per year.

(f) In no event shall the department approve a less frequent repeat notice for an MCL or treatment technique violation under the coliform rule as specified in Env-Dw 709.23 or for violations of the federal treatment techniques relating to filtration and disinfection that are incorporated by Env-Dw 716, as noted in Env-Dw 801.05(h).

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.14 Notice to New Billing Units or New Customers for CWS and NCWS

(a) A CWS O/O shall give to each new billing unit or new hookup, prior to or at the time service begins, a copy of the most recent public notice for any of the following:

(1) Any outstanding violation;

(2) The existence of any exemption; or

(3) Any other ongoing situation for which public notice is required.

(b) An NCWS O/O shall continuously post the public notice for any of the violations or situations identified in (a)(1) through (3), above, for as long as the violation, exemption, or other situation persists or 7 days, whichever is longer.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.15 Limiting Public Notice

(a) If any PWS has a violation or situation requiring public notice in a portion of the distribution system that is hydraulically separate from other parts of the distribution system, the O/O may request the department to allow notice to be distributed to only persons served by the part of the system that is affected.

(b) To file a request for permission to limit notice distribution, the O/O shall:

(1) Identify the PWS by name and PWS identifier;

(2) Identify the portion of the distribution system that is hydraulically separate from other parts of the distribution system; and

(3) Submit a signed statement certifying that the violation(s) or situation occurred only within the separate portion of the distribution system.

(c) If the department determines that the O/O has demonstrated that the violation(s) or situation occurred only within the hydraulically-separate portion of the distribution system, the department shall allow the O/O to give public notice to only that portion of the PWS which is affected.

(d) The department’s decision on the request shall be in writing. If the request is denied, the department shall specify the reason(s) for the denial.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 801.16 Requirements for All Public Notices

(a) Where these rules do not provide specific language or a template for a condition requiring public notice, the O/O shall prepare the notice in consultation with the department.

(b) Each public notice shall:

(1) When posted, be displayed in a conspicuous manner;

(2) Be written using language that is likely to be understood by the average customer, and not contain unduly technical language;

(3) Be written using a font size that is readable at the distance at which most people would read it, such that a posted notice shall have a larger font size than a mailed notice, and neither shall have unduly small print; and

(4) Not be worded or formatted in a way which defeats or nullifies the purpose of the notice.

(c) Where more than 20% of the water system users do not speak English, the public notice shall contain information regarding the importance of the notice and the telephone number and address, in the appropriate language, where a translated notice or further information regarding the notice can be obtained.

(d) When public notice is to be issued to children or to adults of impaired understanding, the notice may be given to the legal guardian of the user.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; rpld by #10771, eff 2-1-15; ss by #12675 (formerly Env-Dw 801.17)

N.H. Code Admin. R. Ann. Env-Dw 801.17 Department Action When O/O Fails to Notify

(a) The department shall issue public notice on behalf of the O/O if the department determines that the O/O failed to issue public notice as required by this part and:

(1) The failure to issue public notice may pose a risk to human health as identified in Env-Dw 700; or

(2) The O/O fails to recognize or acknowledge any other violation of Env-Dw 700.

(b) Even if the department provides notice pursuant to (a), above, the O/O shall remain subject to enforcement under RSA 485:58 for failing to provide public notice and for any other violations of this part.

(c) The department shall issue a public notice violation if the O/O fails to comply with the timing, content, delivery, or certification requirements of this part.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 801.18)

N.H. Code Admin. R. Ann. Env-Dw 801.18 Certification of Public Notice

(a) Within 10 days of completing the public notification requirements, the O/O shall certify to the department, in writing, that the O/O has fully complied with all public notice requirements specified in this part.

(b) The certification required by (a), above, shall consist of:

(1) A representative copy of each type of public notice distributed, published, posted, or otherwise made available to the persons served by the system and the media, including any initial and repeat notices;

(2) If notice was given by publication in a newspaper as specified in Env-Dw 801.07(b)(2)a. or Env-Dw 801.08(c)(1), a copy of:

a. One complete newspaper page which shows the newspaper name and publication date, together with the dates of each of the 2 consecutive issues; or

b. A copy of the tear sheet and invoice showing the publication run dates; and

(3) A statement signed by the O/O certifying when, where, how, and by whom public notice was given.

(c) The O/O shall submit a new certification to the department, as specified in (a) and (b), above, for any repeat public notices.

(d) The O/O shall retain a copy of the public notice and accompanying certification for not less than 3 years after issuance.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 801.19)

N.H. Code Admin. R. Ann. Env-Dw 801.19 Distribution of Public Notice within the Consumer Confidence Report

(a) A CWS O/O may use the consumer confidence report (CCR) required by Env-Dw 811 to meet the requirements of this part for the violations or situations listed in (b), below, provided:

(1) The CCR contains all information required in Env-Dw 801.02 and Env-Dw 801.03;

(2) The CCR is distributed not later than one year after the O/O learns of the violation or situation; and

(3) The owner notifies the department in writing, within 30 days of learning of the violation or situation, that the CCR will be used as the public notice mechanism.

(b) The following violations or situations may be reported in the CCR:

(1) Annual notice of secondary fluoride exceedance; or

(2) The availability of unregulated contaminant monitoring results.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 801.20)

Part Env-Dw 802 Notices for Exemptions

N.H. Code Admin. R. Ann. Env-Dw 802.01 Notices of Exemptions

The O/O shall notify persons served by the PWS in accordance with this part whenever:

(a) An exemption is granted to the PWS under RSA 485:42; or

(b) A condition of an exemption granted to the PWS is violated.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 802.02 Required Initial Notice

Except as provided in Env-Dw 802.04 or Env-Dw 802.05, as applicable, the O/O shall give notice within 3 months of the initial granting of an exemption or initial discovery of a violation of a condition of an exemption granted to the PWS by publication in:

(a) A daily newspaper of general circulation in the area served by the PWS; or

(b) If the area served by the PWS is not served by a daily newspaper of general circulation, a weekly newspaper of general circulation serving the area.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 802.03 Required On-Going Notices

Except as provided in Env-Dw 802.04 or Env-Dw 802.05, as applicable, subsequent to giving initial notice the O/O shall give repeat notice of the existence of an exemption or violation of a condition of an exemption every 3 months for as long as the exemption remains in effect or the violation persists.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 802.04 Alternative Notice for CWS

(a) In lieu of providing notice as specified in Env-Dw 802.02, the CWS O/O in an area that is not served by a daily or weekly newspaper of general circulation shall give initial notice within 3 months of the granting of an exemption or the discovery of a violation of a condition of the exemption as follows:

(1) By mail or hand delivery to each customer receiving a bill and to other service connections to which water is delivered by the CWS; and

(2) For those people regularly served by the CWS who would not normally be reached by delivery in accordance with (1), above, by continuous posting in conspicuous places within the area served by the CWS.

(b) If the CWS O/O provides initial notice by posting, the O/O shall maintain the posting for as long as the violation persists or the exemption remains in effect.

(c) If the CWS O/O provides initial notice by mail or hand delivery, the O/O shall repeat the mail or hand delivery at least once every 3 months for as long as the violation persists or the exemption remains in effect.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 802.05 Alternative Notice for NCWS

(a) In lieu of providing notice as specified in Env-Dw 802.02, the NCWS O/O shall give notice within 3 months of the granting of an exemption or the discovery of a violation of a condition of the exemption as follows:

(1) By hand delivery to each customer receiving a bill and to other service connections to which water is delivered by the NCWS; and

(2) For those people regularly served by the NCWS who would not normally be reached by delivery in accordance with (1), above, by continuous posting in conspicuous places within the area served by the NCWS.

(b) If the NCWS O/O provides initial notice by posting, the O/O shall maintain the posting for as long as the violation persists or the exemption remains in effect.

(c) If the NCWS O/O provides initial notice by hand delivery, the O/O shall repeat the hand delivery at least every 3 months for as long as the violation persists or the exemption remains in effect.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 802.06 Required Notice Content

The public notice shall contain the following information:

(a) The date on which the exemption was issued;

(b) The date the exemption is to be renewed;

(d) A brief status report on the steps the O/O has taken to install treatment, find alternative sources of water, or otherwise comply with the terms and schedules of the exemption;

(e) Notice of any opportunity for public input in the review or renewal of the exemption; and

(f) The following definition:

“Exemptions: State or EPA permission not to meet an MCL or treatment technique under certain conditions.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

Part Env-Dw 803 Notifications for Fluoride, Cryptosporidium, Unregulated Contaminants, and Significant Deficiencies

N.H. Code Admin. R. Ann. Env-Dw 803.01 Compliance with Secondary Maximum Contaminant Level and Public Notification for Fluoride

(a) Subject to (c) below, the owner or operator (O/O) of a community water system (CWS) or a non-transient non-community water system (NTNCWS) at which the level of fluoride exceeds the secondary MCL specified in Env-Dw 706.01 but not the MCL specified in Env-Dw 704.02 shall provide the notice prescribed in (b) below, to all billing units annually, to all new billing units at the time service begins, and to the New Hampshire public health officer at the department of health and human services.

(b) The public notice required by (a) above shall:

(1) Contain the language specified in Env-Dw 801.03 and Env-Dw 806.11; and

(2) Be provided as soon as practical but not later than 12 months from the day the O/O of the CWS or NTNCWS learns of the exceedance.

(c) The O/O of an NTNCWS shall provide notice under this section only if it serves children under the age of 9, which is the population subject to dental fluorosis.

(d) A CWS O/O may provide notice as required in Env-Dw 801.08 through the CCR as specified in Env-Dw 801.19.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19, ss by #14428, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 803.02 Public Notice for Cryptosporidium

(a) If the O/O of a PWS that is required to monitor source water under Env-Dw 716 fails to collect any 3 months of monitoring as specified in 40 CFR 141.701(c) incorporated by reference at Env-Dw 716.09, the O/O shall provide the notice specified in (c) below to all persons served by the system no later than 30 days after learning of the violation.

(b) The O/O of a PWS that is required to determine a bin classification as specified in 40 CFR 141.710 incorporated by reference at Env-Dw 716.09, or to determine mean cryptosporidium level under 40 CFR 141.712 incorporated by reference at Env-Dw 716.09, shall provide the notice that the determination has not been made as required, as specified in (c), below, to all persons served by the system no later than 30 days after the system has failed to report the determination as specified in 40 CFR 141.710(e) or 40 CFR 141.712(a), respectively.

(1) Contain the language specified in 40 CFR 141.211(d)(1) and (3);

(2) If posted, remain in place for as long as the violation or situation persists or 7 days, whichever is longer; and

(3) Be repeated as specified 40 CFR 141.203(b)(2).

(d) The notice required by (b) above shall:

(1) Contain the language specified in 40 CFR 141.211(d)(2) and (3);

(2) If posted, remain in place for as long as the violation or situation persists or 7 days, whichever is longer; and

(3) Be repeated as specified 40 CFR 141.203(b)(2).

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; ss by #14428, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 803.03 Public Notice of the Availability of Unregulated Contaminant Monitoring Results

(a) The O/O of a PWS at which monitoring under the unregulated contaminant monitoring rule identified in 40 CFR 141.40 is conducted shall issue public notice of the availability of the monitoring results to persons served by the PWS as specified in (b) through (e) below.

(b) The notice shall contain the information specified in Env-Dw 801.03.

(c) Within 12 months of the receipt of the results, the O/O of a CWS shall issue the notice either in accordance with Env-Dw 801.08(b) through (d) or through the CCR in accordance with Env-Dw 801.19.

(d) Within 12 months of the receipt of the results, the O/O of an NTNCWS shall issue the notice in accordance with Env-Dw 801.11(b) and (c).

(e) Within 10 days of providing notice to its customers, the O/O of a PWS shall submit the certification specified in Env-Dw 801.18 to the department.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; ss by #14428, eff 11-21-25, EXPIRES 11-21-35

N.H. Code Admin. R. Ann. Env-Dw 803.04 Public Notice of Significant Deficiencies That Have Not Been Corrected Within 12 Months

(a) The O/O of an NCWS at which a significant deficiency, as specified in Env-Dw 720.03, has not been corrected within 12 months of being notified of the deficiency, has 30 days to notify persons served by the system of the deficiency.

(b) The notice required by (a) above shall include the following:

(1) The information specified in Env-Dw 801.03;

(2) The nature of the significant deficiency and the date it was identified by the department; and

(3) A description of the approved plan and schedule for correction of the significant deficiency, including interim measures, progress to date, and any interim measures completed.

(c) Within 10 days of providing notice to its customers, the O/O of an NCWS shall submit the certification specified in Env-Dw 801.18 to the department.

(d) The O/O of a PWS shall repeat the notice annually until the significant deficiency has been corrected.

(e) The O/O of a CWS shall comply with this requirement pursuant to Env-Dw 720.15.

History

#14428, eff 11-21-25, EXPIRES 11-21-35

Part Env-Dw 804 Health Effects Language for Microbiological, Corrosion Control, Turbidity, and Seasonal Systems

N.H. Code Admin. R. Ann. Env-Dw 804.01 Required Health Effects Language for Microbiological Contaminants

(a) The O/O shall use one or more of the statements listed in (b) through (h), below, as applicable, as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects for microbiological contaminants specified in Env-Dw 702.

(b) For an E. coli detection or MCL exceedance, the statement shall read as follows:

“Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially-harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessments to identify problems and to correct any problems that were found during these assessments.”

(d) For total coliform assessment and corrective action violations, the O/O also shall include one of the following statements, as applicable:

(1) “We failed to conduct the required assessment.”; or

(2) “We failed to correct all identified sanitary defects that were found during the assessment(s).”

(e) For E. coli assessment and corrective action violations, the statement shall read as follows:

“E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We violated the standard for E. coli, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct a detailed assessment to identify problems and to correct any problems that are found.”

(f) For E. coli assessment and corrective action violations, the system also shall include one of the following statements, as applicable:

(1) “We failed to conduct the required assessment.”; or

(2) “We failed to correct all identified sanitary defects that were found during the assessment we conducted.”

(g) For the presence of Giardia lamblia, the statement shall read as follows:

“Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites, which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

(h) The O/O shall use the following as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects when there is a violation of the treatment technique for filtration and disinfection specified in Env-Dw 716:

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 804.02 Required Health Effects Language for Exceedance of the Copper Action Level

The O/O shall use the following as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects when the copper action level specified in Env-Dw 714 is exceeded:

“Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson’s Disease should consult with their personal doctor.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 804.03 Required Health Effects Language for Failure to Install Optimal Corrosion Control

The O/O shall use one or both of the following, as applicable, as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects for violations of corrosion control treatment techniques required for lead, copper, or both specified in Env-Dw 714:

(a) For the presence of lead:

“Infants and children who drink water containing lead in excess of the action level could experience delays in their physical or mental development. Children could show slight deficits in attention span and learning abilities. Adults who drink this water over many years could develop kidney problems or high blood pressure.”

(b) For the presence of copper:

“Copper is an essential nutrient, but some people who drink water containing copper in excess of the action level over a relatively short amount of time could experience gastrointestinal distress. Some people who drink water containing copper in excess of the action level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult with their personal doctor.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 804.04 Required Health Effects Language for Turbidity Violations

The O/O shall use the following as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects for violations of the turbidity MCL specified in 40 CFR 141.13(b) or for treatment technique violations specified in Env-Dw 716:

“Turbidity has no health effects. However, turbidity can interfere with disinfection and provide a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 804.05 Required Health Effects Language for Seasonal Systems

The O/O of a seasonal PWS shall use the following, as applicable, as the statement(s) required by Env-Dw 801.03(a)(3):

(a) For the failure to monitor or report total coliforms or E. coli in accordance with Env-Dw 709, the mandatory language found at Env-Dw 801.03(h); and

(b) For violations as specified in Env-Dw 506.07, for the failure to complete other actions, the language specified in Env-Dw 801.03.

History

#10771, eff 2-1-15; ss by #12675, eff 1-1-19

Part Env-Dw 805 Health Effects Language for Radiological Contaminants

N.H. Code Admin. R. Ann. Env-Dw 805.01 Required Health Effects Language for Radiological Contaminants

The O/O shall use the language specified in this part, as applicable, as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects for the radiological contaminants specified in Env-Dw 703.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 805.02 Compliance Gross Alpha

For compliance gross alpha violations, the statement shall read as follows:

“Certain minerals are radioactive and may emit a form of radiation known as alpha radiation. Some people who drink water containing alpha emitters in excess of the MCL over many years may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 805.03 Uranium

For uranium violations, the statement shall read as follows:

“Some people who drink water containing uranium in excess of the MCL over many years may have an increased risk of getting cancer and kidney toxicity.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 805.04 Radium 226 and Radium 228

For radium 226 or radium 228 violations, the statement shall read as follows:

“Some people who drink water containing radium 226 or radium 228 in excess of the MCL over many years may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 805.05 Beta Radiation and Photon Emitters

For beta radiation or photon emitters violations, the statement shall read as follows:

“Certain minerals are radioactive and may emit forms of radiation known as photons and beta radiation. Some people who drink water containing beta and photon emitters in excess of the MCL over many years may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 805.06 Alpha Emitters

For alpha emitters violations, the statement shall read as follows:

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

Part Env-Dw 806 Health Effects Language for Inorganic Chemical Contaminants

N.H. Code Admin. R. Ann. Env-Dw 806.01 Required Health Effects Language for Regulated Inorganic Chemical (IOC) Contaminants

The O/O shall use the statements specified in this part, as applicable, as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects for the IOC contaminants specified in Env-Dw 704.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.02 Antimony

For antimony violations, the statement shall read as follows:

“Some people who drink water containing antimony well in excess of the MCL over many years could experience increases in blood cholesterol and decreases in blood sugar.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.03 Arsenic

For arsenic violations, the statement shall read as follows:

“Some people who drink water containing arsenic in excess of the MCL over many years could experience skin damage or problems with their circulatory system, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.04 Asbestos

For asbestos violations, the statement shall read as follows:

“Some people who drink water containing asbestos in excess of the MCL over many years may have an increased risk of developing benign intestinal polyps.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.05 Barium

For barium violations, the statement shall read as follows:

“Some people who drink water containing barium in excess of the MCL over many years could experience an increase in their blood pressure.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.06 Beryllium

For beryllium violations, the statement shall read as follows:

“Some people who drink water containing beryllium well in excess of the MCL over many years could develop intestinal lesions.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.07 Cadmium

For cadmium violations, the statement shall read as follows:

“Some people who drink water containing cadmium in excess of the MCL over many years could experience kidney damage.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.08 Chromium

For chromium violations, or total chromium violations, the statement shall read as follows:

“Some people who use water containing chromium well in excess of the MCL over many years could experience allergic dermatitis.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.09 Cyanide

For cyanide violations, the statement shall read as follows:

“Some people who drink water containing cyanide well in excess of the MCL over many years could experience nerve damage or problems with their thyroid.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.10 Fluoride MCL

For a violation of the MCL for fluoride specified in Env-Dw 704, the statement shall read as follows:

“Some people who drink water containing fluoride in excess of the MCL over many years could get bone disease, including pain and tenderness of the bones. Fluoride in drinking water at half the MCL or more may cause mottling of children's teeth, usually in children less than nine years old. Mottling, also known as dental fluorosis, may include brown staining and/or pitting of the teeth, and occurs only in developing teeth before they erupt from the gums.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.11 Fluoride SMCL

For an exceedance of the secondary MCL for fluoride specified in Env-Dw 706.01(b), the statement shall read as follows:

“This is an alert about your drinking water and a cosmetic dental problem that might affect children under 9 years of age. At low levels, fluoride can help prevent cavities, but children drinking water more than 2 milligrams per liter (mg/l) of fluoride may develop cosmetic discoloration of their permanent teeth (dental fluorosis). The drinking water provided by your community water system [name] has a fluoride concentration of [insert value] mg/l.

Dental fluorosis, in its moderate or severe forms, may result in brown staining and or pitting of the permanent teeth. This problem occurs only in developing teeth, before they erupt from the gums. Children under nine should be provided with alternative sources of drinking water or water that has been treated to remove the fluoride to avoid the possibility of staining and pitting of their permanent teeth. You may also want to contact your dentist about proper use by young children of fluoride-containing products. Older children and adults may safely drink the water.

Drinking water containing more than 4 mg/l of fluoride (the U.S. Environmental Protection Agency's drinking water standard) can increase your risk of developing bone disease. Your drinking water does not contain more than 4 mg/l of fluoride, but we are required to notify you when we discover that fluoride levels in your drinking water exceed 2 mg/l because of this cosmetic dental problem.

For more information, please call [name of water system contact] of [name of community water system] at [telephone number]. Some home water treatment units are also available to remove fluoride from drinking water. To learn more about available home water treatment units, you may call NSF International at 1-877-8-NSF-HELP.

Please share this information with all the other people who have children who drink this water, especially those who may not have received this notice directly (for example, people in apartments, schools, and daycares). You can do this by posting this notice in a public place or distributing copies by hand or mail.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.12 Mercury

For mercury violations, the statement shall read as follow:

“Some people who drink water containing inorganic mercury well in excess of the MCL over many years could experience kidney damage.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.13 Nitrate

For nitrate violations, the statement shall read as follows:

“Infants below the age of six months who drink water containing nitrate in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.14 Nitrite

For nitrite violations, the statement shall read as follows:

“Infants below the age of six months who drink water containing nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.15 Total Nitrate and Nitrite

For total nitrate and nitrite violations, the statement shall read as follows:

“Infants below the age of six months who drink water containing nitrate and nitrite in excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue baby syndrome.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.16 Selenium

For selenium violations, the statement shall read as follows:

“Selenium is an essential nutrient. However, some people who drink water containing selenium in excess of the MCL over many years could experience hair or fingernail losses, numbness in fingers or toes, or problems with their circulation.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 806.17 Thallium

For thallium violations, the statement shall read as follows:

“Some people who drink water containing thallium in excess of the MCL over many years could experience hair loss, changes in their blood, or problems with their kidneys, intestines, or liver.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

Part Env-Dw 807 Health Effects Language for Volatile Organic Chemical (voc) Contaminants

N.H. Code Admin. R. Ann. Env-Dw 807.01 Required Health Effects Language for Regulated

Volatile Organic Chemical (VOC) Contaminants. The O/O shall use the statements specified in this part, as applicable, as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects for the VOC contaminants specified in Env-Dw 705.01 and for exceedances of an AGQS for a VOC specified in Env-Or 600.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.02 Benzene

For benzene violations, the statement shall read as follows:

“Some people who drink water containing benzene in excess of the MCL over many years could experience anemia or a decrease in blood platelets, and may have an increased risk in getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.03 Carbon Tetrachloride

For carbon tetrachloride violations, the statement shall read as follows:

“Some people who drink water containing carbon tetrachloride in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.04 Chlorobenzene

For chlorobenzene violations, the statement shall read as follows:

“Some people who drink water containing chlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys.”

History

#12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.05 o-Dichlorobenzene (1,2-Dichlorobenzene)

For o-dichlorobenzene or 1,2-dichlorobenzene violations, the statement shall read as follow:

“Some people who drink water containing o-dichlorobenzene well in excess of the MCL over many years could experience problems with their liver, kidneys or circulatory systems.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.04)

N.H. Code Admin. R. Ann. Env-Dw 807.06 para-Dichlorobenzene (1,4-Dichlorobenzene)

For p-dichlorobenzene or 1,4-dichlorobenzene violations, the statement shall read as follows:

“Some people who drink water containing p-dichlorobenzene in excess of the MCL over many years could experience anemia, damage to their liver, kidneys, or spleen, or changes in their blood.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.05)

N.H. Code Admin. R. Ann. Env-Dw 807.07 1,2-Dichloroethane

For 1,2-dichloroethane violations, the statement shall read as follows:

“Some people who drink water containing 1,2-dichloroethane in excess of the MCL over many years may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.06)

N.H. Code Admin. R. Ann. Env-Dw 807.08 1,1-Dichloroethylene

For 1,1-dichloroethylene violations, the statement shall read as follows:

“Some people who drink water containing 1,1 dichloroethylene in excess of the MCL over many years could experience problems with their liver.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.07)

N.H. Code Admin. R. Ann. Env-Dw 807.09 cis-1,2-Dichloroethylene

For cis-1,2-dichloroethylene violations, the statement shall read as follows:

“Some people who drink water containing cis-1,2-dichloroethylene in excess of the MCL over many years could experience problems with their liver.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.08)

N.H. Code Admin. R. Ann. Env-Dw 807.10 trans-1,2-Dichloroethylene

For trans-1,2-dichloroethylene violations, the statement shall read as follows:

“Some people who drink water containing trans-1,2-dichloroethylene well in excess of the MCL over many years could experience problems with their liver.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.09)

N.H. Code Admin. R. Ann. Env-Dw 807.11 Dichloromethane (Methylene Chloride)

For dichloromethane or methylene chloride violations, the statement shall read as follows:

“Some people who drink water containing dichloromethane in excess of the MCL over many years could have liver problems and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.10)

N.H. Code Admin. R. Ann. Env-Dw 807.12 1,2-Dichloropropane

For 1,2-dichloropropane violations, the statement shall read as follows:

“Some people who drink water containing 1,2-dichloropropane in excess of the MCL over many years may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.11)

N.H. Code Admin. R. Ann. Env-Dw 807.13 Diisopropyl

ether (DIPE). For diisopropyl ether (DIPE) violations, the statement shall read as follows:

“Some people who drink water containing diisopropyl ether (DIPE) in excess of the New Hampshire Ambient Groundwater Quality Standard (AGQS) over many years may experience toxic effects to their liver and kidneys.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.12)

N.H. Code Admin. R. Ann. Env-Dw 807.14 1,4-Dioxane

For 1,4-dioxane violations, the statement shall read as follows:

“Some people who drink water containing 1,4-dioxane in excess of the Ambient Groundwater Quality Standard (AGQS) over many years may experience toxic effects to their liver and kidney as well as have an increased risk of developing cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.13)

N.H. Code Admin. R. Ann. Env-Dw 807.15 Ethyl tertiary butyl ether (EtBE)

For ethyl tertiary butyl ether (EtBE) violations, the statement shall read as follows:

“Some people who drink water containing ethyl tertiary butyl ether (ETBE) in excess of the New Hampshire Ambient Groundwater Quality Standard (AGQS) over many years may experience toxic effects to their liver, kidneys, and bone marrow as well as have an increased risk of developing cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.14)

N.H. Code Admin. R. Ann. Env-Dw 807.16 Ethylbenzene

For ethylbenzene violations, the statement shall read as follow:

“Some people who drink water containing ethylbenzene well in excess of the MCL over many years could experience problems with their liver or kidneys.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.15)

N.H. Code Admin. R. Ann. Env-Dw 807.17 Methyl tertiary-butyl ether (MtBE)

For methyl tertiary-butyl ether (MtBE) violations, the statement shall read as follows:

“Some people who drink water containing MtBE in excess of the MCL over many years could experience problems with their kidneys and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19 (formerly Env-Dw 807.16)

N.H. Code Admin. R. Ann. Env-Dw 807.18 Styrene

For styrene violations, the statement shall read as follows:

“Some people who drink water containing styrene well in excess of the MCL over many years could have problems with their liver, kidneys, or circulatory system.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.19 Tertiary amyl methyl ether (TAME)

For tertiary amyl methyl ether (TAME) violations, the statement shall read as follows:

“Some people who drink water containing tertiary amyl methyl ether (TAME) in excess of the New Hampshire Ambient Groundwater Quality Standard (AGQS) over many years may experience toxic effects to their kidneys and adrenal gland as well as have an increased risk of developing cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.20 Tertiary butyl alcohol (TBA)

For tertiary butyl alcohol (TBA) violations, the statement shall read as follows:

“Some people who drink water containing tertiary butyl alcohol (TBA) in excess of the New Hampshire Ambient Groundwater Quality Standard (AGQS) over many years may experience toxic effects to their kidneys, bladder, and thyroid gland as well as have an increased risk of developing cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.21 Tetrachloroethylene

For tetrachloroethylene violations, the statement shall read as follows:

“Some people who drink water containing tetrachloroethylene in excess of the MCL over many years could have problems with their liver, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.22 Toluene

For toluene the statement shall read as follows:

“Some people who drink water containing toluene well in excess of the MCL over many years could have problems with their nervous system, kidneys, or liver.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.23 1,2,4- Trichlorobenzene

For 1,2,4 trichlorobenzene violations, the statement shall read as follows:

“Some people who drink water containing 1,2,4-trichlorobenzene well in excess of the MCL over many years could experience changes in their adrenal glands.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.24 1,1,1-Trichloroethane

For 1,1,1-trichloroethane violations, the statement shall read as follows:

“Some people who drink water containing 1,1,1-trichloroethane in excess of the MCL over many years could experience problems with their liver, nervous system, or circulatory system.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.25 1,1,2-Trichloroethane

For 1,1,2 trichloroethane violations, the statement shall read as follows:

“Some people who drink water containing 1,1,2-trichloroethane well in excess of the MCL over many years could have problems with their liver, kidneys, or immune systems.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.26 Trichloroethylene

For trichloroethylene violations, the statement shall read as follows:

“Some people who drink water containing trichloroethylene in excess of the MCL over many years could experience problems with their liver and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.27 Vinyl chloride

For vinyl chloride violations, the statement shall read as follows:

“Some people who drink water containing vinyl chloride in excess of the MCL over many years may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 807.28 Xylene, Total

For total xylenes violations, the statement shall read as follows:

“Some people who drink water containing xylenes in excess of the MCL over many years could experience damage to their nervous system.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

Part Env-Dw 808 Health Effects Language for Synthetic Organic Chemical (soc) Contaminants and Per- and Polyfluoroalkyl Substances (pfas) Contaminants

N.H. Code Admin. R. Ann. Env-Dw 808.01 Required Health Effects Language for Regulated Synthetic Organics Chemical

(SOC) Contaminants and Per- and Polyfluoroalkyl Substances (PFAS) Contaminants. The O/O shall use the statements specified in this part, as applicable, as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects for the synthetic organic chemical (SOC) contaminants specified in Env-Dw 705.02 and the per- and polyfluoroalkyl substances (PFAS) contaminants specified in Env-Dw 705.06.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; ss by #12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 808.02 Alachlor (Lasso)

For alachlor violations, the statement shall read as follows:

“Some people who drink water containing alachlor in excess of the MCL over many years could have problems with their eyes, liver, kidneys, or spleen, or experience anemia, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.03 Aldicarb (Temik)

For aldicarb violations, the statement shall read as follows:

“The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that aldicarb is a health concern at certain levels of exposure. Aldicarb is a widely used pesticide. Under certain soil and climate conditions (e.g. sandy soil and high rainfall), aldicarb may leach into groundwater after normal agricultural application to crops such as potatoes or peanuts or may enter drinking water supplies as a result of surface runoff. This chemical has been shown to damage the nervous system in laboratory animals such as rats and dogs exposed to high levels. EPA has set the drinking water standard for aldicarb at 0.003 parts per million (ppm) to protect against the risk of adverse health effects. Drinking water that meets the EPA standard is associated with little to none of this risk and is considered safe with respect to aldicarb.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.04 Aldicarb Sulfoxide

For aldicarb sulfoxide violations, the statement shall read as follows:

“The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that aldicarb sulfoxide is a health concern at certain levels of exposure. Aldicarb is a widely used pesticide. Aldicarb sulfoxide in groundwater is primarily a breakdown product of aldicarb. Under certain soil and climate conditions (e.g. sandy soil and high rainfall) aldicarb sulfoxide may leach into groundwater after normal agricultural application to crops such as potatoes or peanuts or may enter drinking water supplies as a result of surface water runoff. This chemical has been shown to damage the nervous system in laboratory animals such as rats and

dogs exposed to high levels. EPA has set the drinking water standard for aldicarb sulfoxide at 0.004 parts per million (ppm) to protect against the risk of adverse health effects. Drinking water that meets the EPA standard is associated with little to none of this risk and is considered safe with respect to aldicarb sulfoxide.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.05 Aldicarb Sulfone (Aldoxycarb)

For aldicarb sulfone violations, the statement shall read as follows:

“The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that aldicarb sulfone is a health concern at certain levels of exposure. Aldicarb is a widely used pesticide. Aldicarb sulfone is formed from the breakdown of aldicarb and is considered for registration as a pesticide under the name aldoxycarb. Under certain soil and climate conditions (e.g. sandy soil and high rainfall) aldicarb sulfone may leach into groundwater after normal agricultural application to crops such as potatoes or peanuts or may enter drinking water supplies as a result of surface runoff. This chemical has been shown to damage the nervous system in laboratory animals such as rats and dogs exposed to high levels. EPA has set the drinking water standard for aldicarb sulfone at 0.002 parts per million (ppm) to protect against the risk of adverse health effects. Drinking water that meets the EPA standard is associated with little to none of this risk and is considered safe with respect to aldicarb sulfone.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.06 Atrazine (Atranex, Crisazine)

For atrazine violations, the statement shall read as follows:

“Some people who drink water containing atrazine well in excess of the MCL over many years could experience problems with their cardiovascular system or reproductive difficulties.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.07 Carbofuran (Furadon, 4F)

For carbofuran violations, the statement shall read as follows:

“Some people who drink water containing carbofuran in excess of the MCL over many years could experience problems with their blood, or nervous or reproductive systems.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.08 Chlordane

For chlordane violations, the statement shall read as follows:

“Some people who drink water containing chlordane in excess of the MCL over many years could experience problems with their liver or nervous system, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.09 Dalapon

For dalapon violations, the statement shall read as follows:

“Some people who drink water containing dalapon well in excess of the MCL over many years could experience minor kidney changes.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.10 Dibromochloropropane

(DBCP). For dibromochloropropane (DBCP) violations, the statement shall read as follows:

“Some people who drink water containing DBCP in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.”

History

. (See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.11 Di(2-ethylhexyl)adipate

For di (2-ethylhexyl)adipate violations, the statement shall read as follows:

“Some people who drink water containing di (2-ethylhexyl) adipate well in excess of the MCL over many years could experience toxic effects such as weight loss, liver enlargement or possible reproductive difficulties.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.12 Di(2-ethylhexyl)phthalate

For di (2-ethylhexyl)phthalate violations, the statement shall read as follows:

“Some people who drink water containing di (2-ethylhexyl) phthalate well in excess of the MCL over many years may have problems with their liver, or experience reproductive difficulties, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.13 Dinoseb

For dinoseb violations, the statement shall read as follows:

“Some people who drink water containing dinoseb well in excess of the MCL over many years could experience reproductive difficulties.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.14 Diquat

For diquat violations, the statement shall read as follows:

“Some people who drink water containing diquat in excess of the MCL over many years could get cataracts.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.15 Endothall

For endothall violations, the statement shall read as follows:

“Some people who drink water containing endothall in excess of the MCL over may years could experience problems with their stomach or intestines.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.16 Endrin

For endrin violations, the statement shall read as follows:

“Some people who drink water containing endrin in excess of the MCL over many years could experience liver problems.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.17 Ethylene Dibromide (EDB)

For ethylene dibromide (EDB) violations, the statement shall read as follows:

“Some people who drink water containing ethylene dibromide in excess of the MCL over many years could experience problems with their liver, stomach, reproductive system, or kidneys, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.18 Glyphosate

For glyphosate violations, the statement shall read as follows:

“Some people who drink water containing glyphosate in excess of the MCL over many years could experience problems with their kidneys or reproductive difficulties.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.19 Heptachlor

For heptachlor violations, the statement shall read as follows:

“Some people who drink water containing heptachlor in excess of the MCL over many years could experience liver damage and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.20 Heptachlor Epoxide

For heptachlor epoxide violations, the statement shall read as follows:

“Some people who drink water containing heptachlor epoxide in excess of the MCL over many years could experience liver damage, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.21 Hexachlorobenzene

For hexachlorobenzene violations, the statement shall read as follows:

“Some people who drink water containing hexachlorobenzene in excess of the MCL over many years could experience problems with their liver or kidneys, or adverse reproductive effects, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.22 Hexachlorocyclopentadiene

For hexachlorocyclopentadiene violations, the statement shall read as follows:

“Some people who drink water containing hexachlorocyclopentadiene well in excess of the MCL over many years could experience problems with their kidneys or stomach.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.23 Lindane

For lindane violations, the statement shall read as follows:

“Some people who drink water containing lindane in excess of the MCL over many years could experience problems with their kidneys or liver.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.24 Methoxychlor (DMDT, Martate

). For methoxychlor violations, the statement shall read as follows:

“Some people who drink water containing methoxychlor in excess of the MCL over many years could experience reproductive difficulties.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.25 Oxamyl

(Vydate). For oxamyl, or vydate, violations, the statement shall read as follows:

“Some people who drink water containing oxamyl in excess of the MCL over many years could experience slight nervous system effects.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.26 Benzo(a)pyrene (PAHs)

For benzo(a)pyrene (PAH) violations, the statement shall read as follows:

“Some people who drink water containing benzo(a)pyrene in excess of the MCL over many years may experience reproductive difficulties and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 808.27 Perfluorohexane Sulfonic Acid (PFHxS)

For perfluorohexane sulfonic acid (PFHxS) violations, the statement shall read as follows:

“Some people who drink water containing perfluorohexane sulfonic acid (PFHxS) in excess of the MCL over many years could experience problems with their liver, endocrine system, or immune system, or may experience increased cholesterol levels. It may also lower a woman’s chance of getting pregnant.”

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 808.28 Perfluorononanoic

Acid (PFNA). For perfluorononanoic acid (PFNA) violations, the statement shall read as follows:

“Some people who drink water containing perfluorononanoic acid (PFNA) in excess of the MCL over many years could experience problems with their liver, endocrine system, or immune system, or may experience increased cholesterol levels.”

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 808.29 Perfluorooctane

Sulfonic Acid (PFOS). For perfluorooctane sulfonic acid (PFOS) violations, the statement shall read as follows:

“Some people who drink water containing perfluorooctane sulfonic acid (PFOS) in excess of the MCL over many years could experience problems with their liver, endocrine system, or immune system, may experience increased cholesterol levels, and may have an increased risk of getting certain types of cancer. It may also lower a woman’s chance of getting pregnant.”

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 808.30 Perfluorooctanoic Acid (PFOA)

For perfluorooctanoic acid (PFOA) violations, the statement shall read as follows:

“Some people who drink water containing perfluorooctanoic acid (PFOA) in excess of the MCL over many years could experience problems with their liver, endocrine system, or immune system, may experience increased cholesterol levels, and may have an increased risk of getting certain types of cancer. It may also lower a woman’s chance of getting pregnant.”

History

#12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 808.31 Picloram

For picloram violations, the statement shall read as follows:

“Some people who drink water containing picloram in excess of the MCL over many years could experience problems with their liver.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw 808.27)

N.H. Code Admin. R. Ann. Env-Dw 808.32 Polychlorinated Biphenyls (PCBs)

For polychlorinated biphenyls (PCBs) violations, the statement shall read as follows:

“Some people who drink water containing PCBs in excess of the MCL over many years could experience changes in their skin, problems with their thymus gland, immune deficiencies, or reproductive or nervous system difficulties, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw 808.28)

N.H. Code Admin. R. Ann. Env-Dw 808.33 Pentachlorophenol

For pentachlorophenol violations, the statement shall read as follows:

“Some people who drink water containing pentachlorophenol in excess of the MCL over many years could experience problems with their liver or kidneys, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw 808.29)

N.H. Code Admin. R. Ann. Env-Dw 808.34 Simazine

For simazine violations, the statement shall read as follows:

“Some people who drink water containing simazine in excess of the MCL over many years could experience problems with their blood.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw 808.30)

N.H. Code Admin. R. Ann. Env-Dw 808.35 Toxaphene

For toxaphene violations, the statement shall read as follows:

“Some people who drink water containing toxaphene in excess of the MCL over many years could have problems with their kidneys, liver, or thyroid, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw 808.31)

N.H. Code Admin. R. Ann. Env-Dw 808.36 2,3,7,8 TCDD (Dioxin)

For 2,3,7,8-TCDD, or dioxin, violations, the statement shall read as follows:

“Some people who drink water containing dioxin in excess of the MCL over many years could experience reproductive difficulties and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw 808.32)

N.H. Code Admin. R. Ann. Env-Dw 808.37 2,4,5 TP (Silvex)

For 2,4,5-TP, or silvex, violations, the statement shall read as follows:

“Some people who drink water containing silvex in excess of the MCL over many years could experience liver problems.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw 808.33)

N.H. Code Admin. R. Ann. Env-Dw 808.38 2,4-D

For 2,4-D violations, the statement shall read as follows:

“Some people who drink water containing the weed killer 2,4-D well in excess of the MCL over many years could experience problems with their kidneys, liver, or adrenal glands.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw 808.35)

Part Env-Dw 809 HEALTH EFFECTS LANGUAGE FOR REGULATED DISINFECTION BY-PRODUCTS (DBPs), DISINFECTANT RESIDUALS, AND SPECIAL TREATMENT CHEMICALS

N.H. Code Admin. R. Ann. Env-Dw 809.01 Required Health Effects Language for Regulated Disinfection By-Products (DBPs), Disinfectant Residuals, and Special Treatment Chemicals

The O/O shall use the statements specified in this part, as applicable, as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects for violations of:

(a) The maximum disinfection by-products (DBPs) and maximum disinfectant residuals (MRDLs) specified in Env-Dw 705.03 and Env-Dw 705.04; and

(b) The acrylamide and epichlorohydrin MCLs specified in Env-Dw 705.05.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.02 Acrylamide

For acrylamide violations, the statement shall read as follows:

“Some people who drink water containing high levels of acrylamide over a long period of time could have problems with their nervous system or blood, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.03 Bromate

For bromate the statement shall read as follows:

“Some people who drink water containing bromate in excess of the MCL over many years may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.04 Chloramine

For chloramine violations, the statement shall read as follows:

“Some people who use water containing chloramines well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chloramines well in excess of the MRDL could experience stomach discomfort or anemia.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.05 Chlorine

For chlorine violations, the statement shall read as follows:

“Some people who use water containing chlorine well in excess of the MRDL could experience irritating effects to their eyes and nose. Some people who drink water containing chlorine well in excess of the MRDL could experience stomach discomfort.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.06 Chlorine Dioxide

(a) For chlorine dioxide violations where any 2 consecutive daily samples collected at the entrance to the distribution system exceed the MRDL, the statement shall read as follows:

“Some infants and young children who drink water containing chlorine dioxide in excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorine dioxide in excess of the MRDL. Some people may experience anemia.

The chlorine dioxide violations reported today are the result of exceedances at the treatment facility only, not within the distribution system which delivers water to consumers. Continued compliance with chlorine dioxide levels within the distribution system minimizes the potential risk of these violations to consumers.”

(b) For chlorine dioxide violations where one or more distribution samples are above the MRDL, the statement shall state:

The chlorine dioxide violations reported today include exceedances of the EPA standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard within the distribution system may harm human health based on short-term exposures. Certain groups, including fetuses, infants, and young children, may be especially susceptible to nervous system effects from excessive chlorine dioxide exposure.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.07 Chlorite

For chlorite the statement shall read as follows:

“Some infants and young children who drink water containing chlorite in excess of the MCL could experience nervous system effects. Similar effects may occur in fetuses of pregnant women who drink water containing chlorite in excess of the MCL. Some people may experience anemia.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.08 Disinfectant By-Product Precursors

For disinfectant by-product precursors, the statement shall read as follows:

“Total organic carbon (TOC) has no health effects. However, total organic carbon provides a medium for the formation of disinfection by-products. These by-products include trihalomethanes (THMs) and haloacetic acids (HAAs). Drinking water containing these by-products in excess of the MCL may lead to adverse health effects, liver or kidney problems, or nervous system effects, and may lead to an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.09 Epichlorohydrin

For epichlorohydrin violations, the statement shall read as follows:

“Some people who drink water containing high levels of epichlorohydrin over a long period of time could experience stomach problems, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.10 Haloacetic

Acids (HAA). For Haloacetic Acids (HAA) the statement shall read as follows:

“Some people who drink water containing haloacetic acids in excess of the MCL over many years may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 809.11 Total Trihalomethanes (TTHM)

For total trihalomethane violations, the statement shall read as follows:

“Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

Part Env-Dw 810 Health Effects Language for Groundwater Monitoring and Treatment

N.H. Code Admin. R. Ann. Env-Dw 810.01 Required Health Effects Language

The O/O shall use the statement(s) specified in this part, as applicable, as the statement required by Env-Dw 801.03(a)(3) to describe violations of groundwater monitoring and treatment requirements specified in Env-Dw 717.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 810.02 Groundwater Monitoring and Treatment Violations

The statement required by Env-Dw 801.03(a)(3) to describe groundwater monitoring and treatment technique violations shall read as follows:

“Inadequately treated or inadequately protected water may contain disease-causing organisms. These organisms can cause symptoms such as diarrhea, nausea, cramps, and associated headaches.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

Part Env-Dw 811 Consumer Confidence Reports

N.H. Code Admin. R. Ann. Env-Dw 811.01 Purpose and Applicability

(a) The purpose of this part is to establish the minimum requirements for the content and delivery of the consumer confidence report.

(b) The purpose of the consumer confidence report is to:

(1) Provide water quality information as specified in this part to customers of CWS; and

(2) Characterize the risks, if any, from exposure to contaminants detected in the drinking water in an accurate and understandable manner.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.02 Definitions

For purposes of this part, the following definitions shall apply unless otherwise specified:

(a) “Action level (AL)” means the concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow;

(b) “Consumer confidence report (CCR)” means an annual report supplied by a CWS O/O to customers which contains information on the quality of their drinking water;

(d) “Detected” means the presence of any primary or secondary drinking water contaminant including:

(1) Microbiological contaminants;

(2) Radiological contaminants;

(3) IOC contaminants;

(4) VOC contaminants;

(5) SOC contaminants;

(6) PFAS contaminants; and

(7) Disinfection by-products;

(e) “Regulated contaminant” means a contaminant that is subject to a maximum contaminant level (MCL), action level (AL), maximum residual disinfectant level (MRDL), or treatment technique (TT); and

(f) “Unregulated contaminant” means a contaminant specified in 40 CFR 141.40.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; amd by #12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 811.03 Timing and Certification of Distribution

(a) No later than July 1 of each year, each CWS O/O shall provide a copy of the CCR to each customer and the department as specified in Env-Dw 811.24.

(b) By July 10 of each year, the CWS O/O shall certify to the department that:

(1) The CCR has been distributed to customers; and

(2) The information in the CCR is correct and consistent with the compliance monitoring data previously submitted to the department.

(c) The O/O of a new CWS shall file the first CCR by July 1 of the year after its first full calendar year in operation and annually thereafter.

(d) A CWS O/O who sells water to another CWS shall provide the buyer with applicable information required in this part to the receiving system:

(1) No later than April 1 of each year; or

(2) On a date mutually agreed upon by the seller and the purchaser, and specifically included in a contract between the parties.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.04 Content of the CCR

(a) The CCR shall contain the information specified in this part.

(b) The CWS O/O may include such additional information in the CCR as the O/O deems necessary for public education consistent with, and not detracting from, the required content of the CCR.

(c) In a community where the population of non-English speaking residents exceeds 20% of the community population, the CCR shall contain:

(1) Information in the appropriate language(s) regarding the importance of the CCR; or

(2) A telephone number and address, in the appropriate language, where a translated notice or further information regarding the notice can be obtained.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.05 Contact and Participation Information

(a) The CCR shall contain the name and telephone number of the CWS owner and of the primary operator.

(b) The CCR may contain the name and telephone number of a designee of the owner or primary operator, or both.

(c) The CCR shall contain information about opportunities for public participation in decisions that affect the quality of water, including but not limited to the time and place of regularly scheduled water utility board meetings.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.06 Source Water; Bulk Water Deliveries

(a) In the CCR, the CWS O/O shall identify the source of the system’s water by:

(1) The type of water, such as surface water or groundwater or a combination of both;

(2) The commonly used name, if any, of each source; and

(3) If surface water, the location of the body or bodies of water.

(b) If a CWS O/O has received a source water assessment from the department, the CCR shall:

(1) Include either:

a. A brief summary of the CWS’s susceptibility to potential sources of contamination, using language written by the department contained in the source water assessment; or

b. A brief summary of the CWS’s susceptibility to potential sources of contamination written by the O/O; and

(2) Inform customers of the availability of the assessment and how to obtain it.

(c) If bulk water was delivered to the CWS during the period covered by the CCR, the CWS O/O shall include the following information regarding each delivery in the CCR:

(1) The date of delivery;

(2) The reason(s) for delivery;

(3) The source of the water delivered; and

(4) The total amount of water delivered.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.07 Health Effects Language

(a) The CCR shall contain the following general health statements:

“Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency's Safe Drinking Water Hotline at 800-426-4791.

Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/CDC guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Drinking Water Hotline at 800-426-4791.”

(b) The CCR also shall contain an explanation regarding specific contaminants which might be expected to be found in drinking water, including bottled water.

“The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity.

Contaminants that may be present in source water include:

Microbial contaminants, such as viruses and bacteria, which may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.

Inorganic contaminants, such as salts and metals, which can be naturally occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining or farming.

Pesticides and herbicides, which may come from a variety of sources such as agriculture, urban stormwater runoff, and residential uses.

Organic chemical contaminants, including per- and polyfluoroalkyl substances, synthetic organic chemicals, and volatile organic chemicals, which are byproducts of industrial processes, wastewater treatment, residuals from firefighting foams, and petroleum production, and can also come from gas stations, urban stormwater runoff, and septic systems.

Radioactive contaminants, which can be naturally- occurring or be the result of oil and gas

production and mining activities.

In order to ensure that tap water is safe to drink, EPA and the State of New Hampshire prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The United States Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water, which must provide the same protection for public health.”

(d) In lieu of using the language specified in (c), above, the CWS O/O may use language developed for that CWS, provided the language conveys the same information as specified in (c), above.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19; amd by #12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 811.08 Technical Definitions in the CCR

(a) The CCR shall contain the following definitions:

“Maximum Contaminant Level Goal or MCLG: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.”

“Maximum Contaminant Level or MCL: The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.”

(b) If the CCR contains any of the following terms, then each term shall be defined using the following applicable definition:

“Action level or AL: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.”

“Ambient groundwater quality standard or AGQS: The maximum concentration levels for contaminants in groundwater that are established under RSA 485-C, the Groundwater Protection Act.”

“Level I Assessment: A study of the water system to identify potential problems and determine, if possible, why total coliform bacteria have been found in our water system.”

“Level II Assessment: A very detailed study of the water system to identify potential problems and determine, if possible, why an E. coli MCL violation has occurred and/or why total coliform bacteria have been found in our water system on multiple occasions.”

“Maximum residual disinfectant level goal or MRDLG: The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.”

“Maximum residual disinfectant level or MRDL: The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.”

“Treatment technique or TT: A required process intended to reduce the level of a contaminant in drinking water.”

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.09 Detected Contaminants

(a) The CWS O/O shall include data in the manner specified in Env-Dw 811.11 if any of the following are detected in the water provided by the CWS:

(1) Regulated contaminant(s) as defined in Env-Dw 811.02(e);

(2) Unregulated contaminant(s) as regulated under 40 CFR 141.40;

(3) Sodium, if monitoring is required per Env-Dw 713.08; or

(4) Disinfection by-products or microbial contaminants other than cryptosporidium for which monitoring is required by Env-Dw 712.17 and that are detected in the finished water.

(b) The CCR shall identify the probable source of the contaminant. If the CWS O/O lacks specific information on the likely source(s) of contamination, the O/O shall use the language specified in Env-Dw 811.22.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.10 Reporting of Violations

(a) If a drinking water monitoring requirement, reporting requirement, public notice requirement, MCL, MRDL, or treatment technique has been violated, the CCR shall, in the table format specified in Env-Dw 811.11:

(1) Provide a clear, understandable explanation of the violation;

(2) Identify the MCL, MRDL, MCLG, and MRDLG, as applicable, as specified in (c), below;

(3) Identify the length of time the violation occurred or, if the violation is continuing, the date the violation first occurred;

(4) Describe the potential health effects of the MCL, MRDL, or treatment technique violation by using the applicable health effects language as specified in Env-Dw 804 through Env-Dw 810; and

(5) Describe the action(s) taken by the CWS to address the violation.

(b) If a violation of filtration or disinfection processes as specified in Env-Dw 716 is reported, the CCR shall contain the following statement:

“Inadequately treated water may contain disease causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

(c) The MCL, MRDL, MCLG, and MRDLG for a contaminant shall be expressed in identical units as a number equal to or greater than 1.0, as specified in Env-Dw 811.25, table 811-2.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.11 Data Presentation: Format

(a) The CCR shall contain the contaminant information specified in Env-Dw 811.09 and Env-Dw 811.10 in a table format.

(b) If a CWS O/O chooses to include data not required by this part to be reported in the CCR, a separate table shall be used for such data.

(c) If a CWS distributes water from multiple hydraulically-independent distribution systems that are fed by different raw water sources, the CCR shall contain, in table form:

(1) A separate column for each service area; and

(2) The identity of each separate distribution system.

(d) The CCR shall be based on data collected during the previous calendar year that was used to determine compliance with EPA’s monitoring and analytical requirements as specified in 40 CFR 141 and 40 CFR 143, and the department’s monitoring and analytical requirements as specified in Env-Dw 700, except that:

(1) Where a CWS O/O is required to monitor for a regulated contaminant less frequently than once a year, the CCR shall:

a. Include the date and results of the most recent sampling period;

b. Include a brief statement indicating that the data presented in the CCR is from the most recent sampling period in accordance with department rules; and

c. Not include any data older than 5 years; and

(2) Results of monitoring in compliance with Env-Dw 703, Env-Dw 705, and Env-Dw 706 shall only be included for 5 years from the date of the last sample or until any of the detected contaminants becomes regulated and subject to routine monitoring requirements, whichever comes first.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.12 Data Presentation: Specific Contaminants

For any of the following contaminants that is detected, the table shall:

(a) For E. coli:

(1) Identify the total number of positive samples;

(2) Provide information on the likely source of E. coli, which may be available in sanitary survey reports and source water assessments;

(3) Provide the source information language specified in Env-Dw 811.22 for E. coli, if the CWS O/O lacks specific information on the likely source(s) of contamination; and

(4) Provide the applicable health effects paragraph specified in Env-Dw 804;

(b) For lead or copper:

(1) Identify the 90th percentile value of the most recent round of sampling;

(2) Identify the number of sampling sites exceeding the AL as defined in Env-Dw 714; and

(3) Identify the source of the lead or copper, or both, as applicable, using the source information language specified in Env-Dw 811.22;

(1) When a CWS O/O reports turbidity to the department pursuant to in Env-Dw 716, identify:

a. The highest average monthly value; and

b. The highest monthly value including an explanation of the reasons for measuring turbidity;

(2) Identify the highest single measurement and the lowest monthly percentage of samples meeting the turbidity limits specified in Env-Dw 716.04 or Env-Dw 716.08, as applicable, for the filtration technology being used; and

(3) When a CWS O/O is required to report pursuant to (c)(1)b. above, an explanation of the reasons for measuring turbidity; and

(d) For unregulated contaminants, except for cryptosporidium, for which monitoring is required:

(1) Identify the average and the range at which the contaminant was detected; and

(2) Explain the reasons for monitoring for unregulated contaminants.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.13 Data Presentation: No MCL

If there is no MCL for a detected contaminant, the CCR shall:

(a) Describe the treatment technique being used, if any, to treat that particular contaminant;

(b) Identify the AL or AGQS applicable to that contaminant; and

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.14 Data Presentation: Reporting Detection Levels and Ranges; Rounding

(a) For contaminants subject to an MCL other than turbidity and total coliforms, the highest contaminant level used to determine compliance with Env-Dw 702 and Env-Dw 706 and the range of detected levels shall be calculated as follows:

(1) When compliance with the MCL is determined annually or less than annually, the CCR shall identify the highest detected level at any sampling point and the range of detected levels expressed in the same units as the MCL;

(2) When compliance with the MCL is determined by calculating a running annual average of all samples taken at a sampling point, the CCR shall identify the highest average of any of the sampling points and the range of all sampling points expressed in the same units as the MCL; and

(3) When compliance with the MCL is determined on a system-wide basis by calculating a running annual average of all samples at all sampling points, the CCR shall identify the average and range of detection expressed in the same units as the MCL.

(b) For the MCLs for TTHM and HAA5 in Env-Dw 715, the O/O shall include:

(1) The highest locational running annual average for TTHM and HAA5 and the range of individual sample results for all monitoring locations expressed in the same units as the MCL. If more than one location exceeds the TTHM or HAA5 MCL, the system must include the locational running annual averages for all locations that exceed the MCL; and

(2) Individual sample results for the IDSE conducted under Env-Dw 715.10 when determining the range of TTHM and HAA5 results to be reported for the calendar year that the IDSE samples were taken.

(c) When rounding results to determine compliance with an MCL is allowed by rule, rounding shall be calculated prior to multiplying the results by the factor listed in Env-Dw 811.25, table 811-2.

(d) The CCR shall identify the AL or MCL applicable to that contaminant, expressed as a number equal to or greater than 1.0.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.15 Additional Information Required for PWS Supplied by Groundwater

(a) Subject to (b), below, the O/O of a PWS supplied by a groundwater source that is subject to Env-Dw 717 or Env-Dw 720 relative to groundwater monitoring and treatment shall include the following in the CCR or annual notice if required pursuant to Env-Dw 717 or Env-Dw 720:

(1) An explanation of each significant deficiency identified by the department pursuant to Env-Dw 717 or Env-Dw 720 that has not been corrected; and

(2) A list containing the information specified in (c), below, for each positive E. coli result.

(b) The O/O shall inform the public annually until the significant deficiency is corrected or the groundwater contamination is addressed.

(1) The nature of the significant deficiency and the date of discovery;

(2) The source of the E. coli contamination, if known, and the date(s) of the positive sample results;

(3) The health effects language in Env-Dw 804;

(4) The date that the deficiencies or contamination issues were addressed;

(5) How the deficiencies or contamination issues were addressed; and

(6) For all unresolved issues, the department approved plan and schedule for correction, including interim measures, progress to date, and any completed interim measures.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.16 Additional Information for Fluoridated Public Water Supplies

The O/O of a PWS whose public water supply is fluoridated shall include the following statement in the CCR:

“Your public water supply is fluoridated. According to the Centers for Disease Control and Prevention, if your child under the age of 6 months is exclusively consuming infant formula reconstituted with fluoridated water, there may be an increased chance of dental fluorosis. Consult your child’s health care provider for more information.”

History

#10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.17 Additional Information for Level I and Level II Assessments

(a) The O/O of a PWS that is required to comply with the Level I assessment requirement or a Level II assessment requirement that is not due to an E. coli MCL violation shall include the following text in the CCR with the applicable language from (b), below:

“Coliforms are bacteria that are naturally present in the environment and are used as an indicator that other, potentially harmful, waterborne pathogens may be present or that a potential pathway exists through which contamination may enter the drinking water distribution system. We found coliforms indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.”

(b) The additional text required by (a), above, shall be as follows:

(1) For level I assessments:

“During the past year we were required to conduct [INSERT NUMBER OF LEVEL I ASSESSMENTS] Level I assessment(s). We completed [INSERT NUMBER OF LEVEL I ASSESSMENTS] Level I assessment(s). In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we have completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.”; and

(2) For level II assessments:

“During the past year [INSERT NUMBER OF LEVEL II ASSESSMENTS] Level II assessments were required to be completed for our water system. We completed [INSERT NUMBER OF LEVEL II ASSESSMENTS] Level II assessments. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.”

(c) In addition to the information required by (a), above, the O/O of a PWS that has failed to complete all the required assessments also shall include the following statement in the CCR:

“During the past year we failed to conduct all of the required assessment(s).”

(d) In addition to the information required by (a), above, the O/O of a PWS that has failed to correct all identified sanitary defects also shall include the following statement in the CCR:

“During the past year we failed to correct all identified defects that were found during the assessment.”

(e) The O/O of a PWS required to conduct a level II assessment due to an E. coli MCL violation shall include the following statements in the CCR, filling in the blanks as indicated:

“E. coli are bacteria whose presence indicates that the water may be contaminated with human or animal wastes. Human pathogens in these wastes can cause short-term effects, such as diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for infants, young children, the elderly, and people with severely compromised immune systems. We found E. coli bacteria, indicating the need to look for potential problems in water treatment or distribution. When this occurs, we are required to conduct assessment(s) to identify problems and to correct any problems that were found during these assessments.”

“We were required to complete a Level II assessment because we found E. coli in our water system. In addition, we were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.”

(f) In addition to the information required by (e), above, the O/O of a PWS required to conduct a level II assessment due to an E. coli MCL violation that has failed to complete the required assessments also shall include the following statement in the CCR:

“We have failed to conduct the required assessment.”

(g) In addition to the information required by (e), above, the O/O of a PWS required to conduct a level II assessment due to an E. coli MCL violation that has failed to correct all identified sanitary defects also shall include the following statement in the CCR:

“We have failed to correct all sanitary defects that were identified during the assessment that was conducted.”

(h) Subject to (i), below, if E. coli has been detected at a level that violated the E. coli MCL, then in addition to providing the information required by Env-Dw 811.10 in the table format required by Env-Dw 811.11, the O/O shall include each of the following statements that apply in the CCR:

“We had an E. coli positive repeat sample following a total coliform-positive routine sample.”

“We had a total coliform positive repeat sample following an E. coli positive routine sample.”

“We failed to take all required repeat samples following an E. coli positive routine sample.”

“We failed to test for E. coli when any repeat sample tests positive for total coliform.”

(i) If E. coli has been detected at a level that has not violated the E. coli MCL, then in addition to providing the information required by Env-Dw 811.10 in the table required by Env-Dw 811.11, the O/O may include a statement in the CCR that explains that although E. coli has been detected, the system has not violated the E. coli MCL.

History

#10771, eff 2-1-15; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.18 Cryptosporidium and Radon

(a) When monitoring, including monitoring to meet the requirements of 40 CFR 141.143, has been performed which indicates that cryptosporidium might be present in the source water or the finished water, the O/O shall include the following in the CCR:

(1) A summary of the results of the monitoring; and

(2) An explanation of the significance of the results.

(b) If radon is present in the finished water, the O/O shall include the following in the CCR:

(1) The results of the monitoring; and

(2) An explanation of the significance of the results.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; renumbered by #10771 (from Env-Dw 811.16); ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.19 Reporting of Monitoring and Compliance Data

(a) A CWS O/O shall include the statements specified in (b) through (g), below, in the CCR, as applicable.

(b) If a CWS O/O has failed to install adequate filtration or disinfection equipment or processes, or has had a failure of such equipment or processes which constitutes a violation, the O/O shall use the following language as part of the explanation of potential adverse health effects:

“Inadequately treated water may contain disease-causing organisms. These organisms include bacteria, viruses, and parasites which can cause symptoms such as nausea, cramps, diarrhea, and associated headaches.”

(c) If a CWS O/O has failed to take one or more actions specified by the lead and copper corrosion control requirements of Env-Dw 714, the O/O shall include in the CCR an explanation of the violation and the applicable health effects information as specified in Env-Dw 804.02 or Env-Dw 804.03 for lead or copper, or both, as applicable.

(d) If a CWS O/O uses treatment techniques for acrylamide and epichlorohydrin that violate Env-Dw 705, the O/O shall include in the CCR an explanation of the violation and the applicable health effects information for acrylamide as specified in Env-Dw 809.02 or epichlorohydrin as specified in Env-Dw 809.09, or both, as applicable.

(e) If the CWS O/O has performed additional monitoring that indicates the presence of other contaminants in the finished water, the O/O may contact the department’s health risk assessment program for an assessment of health risk .

(f) Where the assessment specified in (e), above, determines that the risk is excessive, the CWS O/O shall provide a brief explanation of those contaminants, including:

(1) The results of the monitoring; and

(2) An explanation of the significance of the results noting the existence of a health advisory or a proposed regulation.

(g) If a CWS has had any violations of the conditions of an exemption, or of an administrative or judicial order, the O/O shall include in the CCR an explanation of all such violations and what the CWS O/O is doing to correct the violations.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; renumbered by #10771 (from Env-Dw 811.17); ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.20 Exemption

If a CWS O/O is operating under the terms of an exemption issued pursuant to Env-Dw 721, the CCR shall contain the information specified in Env-Dw 802.06.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15 (from Env-Dw 811.18); ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.21 Detections of Arsenic, Nitrate, Lead, and Total Trihalomethanes

(a) The O/O of a CWS at which arsenic is detected above 0.005 mg/L but not exceeding the MCL specified in Env-Dw 704.02 shall include in the CCR the following:

(1) The source information language for arsenic as specified in Env-Dw 811.22; and

(2) Subject to (d), below, the following informational statement:

“While your drinking water meets EPA's standard for arsenic, it does contain low levels of arsenic. EPA's standard balances the current understanding of arsenic's possible health effects against the costs of removing arsenic from drinking water. EPA continues to research the health effects of low levels of arsenic, which is a mineral known to cause cancer in humans at high concentrations and is linked to other health effects such as skin damage and circulatory problems.”

(b) The O/O of a CWS at which nitrate is detected at levels above 5 mg/L, but below the MCL, shall include in the CCR:

(1) The source information language for nitrate as specified in Env-Dw 811.22; and

(2) Subject to (d), below, the following statement:

“Nitrate in drinking water at levels above 10 ppm is a health risk for infants of less than six months of age. High nitrate levels in drinking water can cause blue baby syndrome. Nitrate levels may rise quickly for short periods of time because of rainfall or agricultural activity. If you are caring for an infant you should ask advice from your health care provider.”

“If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. [Water system] is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline at 800-426-4791 or at http://www.epa.gov/safewater/lead.”

(d) A CWS O/O may use a system-specific informational statement in lieu of the statement required by (a)(2), (b)(2), or (c), above, provided the statement includes all of the information included in the specified statement and only after consultation with the department.

(e) The O/O of a CWS at which TTHM is detected above 0.080 mg/L but below the MCL specified in Env-Dw 705.03, as an annual average monitored and calculated under the provisions of 40 CFR 141.30, shall include in the CCR the health effects language for TTHM as specified in Env-Dw 809.11.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #12420, eff 11-18-17; ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.22 Contaminant Source Information

(a) If a CWS O/O reports in the CCR a detection of any contaminant as specified in Env-Dw 811.09, the owner shall also report the likely source of each detected contaminant to the best of the O/O’s knowledge.

(b) If the O/O lacks specific information on the likely source of the detected contaminant(s), the owner shall use the contaminant source information specified below in Table 811-1, as applicable:

Table 811-1: Contaminant Origin

Contaminant

Common Source in Drinking Water

Microbiological Contaminants

Total Coliform Bacteria

Naturally present in the environment

E. coli

Human and animal fecal waste

Total Organic Carbon

Naturally present in the environment

Turbidity

Soil runoff

Radioactive Contaminants

Beta/photon emitters

Decay of natural and man-made deposits

Alpha emitters

Erosion of natural deposits

Combined radium

Erosion of natural deposits

Uranium

Erosion of natural deposits

Inorganic Contaminants

Antimony

Discharge from petroleum refineries; fire retardants; ceramics; electronics; solder

Arsenic

Erosion of natural deposits; runoff from orchards; runoff from glass and electronics production wastes

Asbestos

Decay of asbestos cement water mains; erosion of natural deposits

Barium

Discharge of drilling wastes; discharge from metal refineries; erosion of natural deposits

Beryllium

Discharge from metal refineries and coal-burning factories; discharge from electrical, aerospace, and defense industries

Bromate

By-product of drinking water disinfection

Cadmium

Corrosion of galvanized pipes; erosion of natural deposits; discharge from metal refineries; runoff from waste batteries and paints

Chloramines

Water additive used to control microbes

Chlorine

Water additive used to control microbes

Chlorine dioxide

Water additive used to control microbes

Chlorite

By-product of drinking water disinfection

Chromium

Discharge from steel and pulp mills; erosion of natural deposits

Copper

Corrosion of household plumbing systems; Erosion of natural deposits; leaching from wood preservatives

Cyanide

Discharge from steel/metal factories; discharge from plastic and fertilizer factories

Fluoride

Erosion of natural deposits; water additive which promotes strong teeth; discharge from fertilizer and aluminum factories

Lead

Corrosion of household plumbing systems, erosion of natural deposits

Mercury (inorganic)

Erosion of natural deposits; discharge from refineries and factories; runoff from landfills; runoff from cropland

Nitrate (as Nitrogen)

Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits

Nitrite (as Nitrogen)

Runoff from fertilizer use; leaching from septic tanks, sewage; erosion of natural deposits

Selenium

Discharge from petroleum and metal refineries; erosion of natural deposits; discharge from mines

Thallium

Leaching from ore-processing sites; discharge from electronics, glass, and drug factories

Synthetic Organic Contaminants; including Pesticides and Herbicides

2,4-D

Runoff from herbicide used on row crops

2,4,5-TP (Silvex)

Residue of banned herbicide

Acrylamide

Added to water during sewage/wastewater treatment

Alachlor

Runoff from herbicide used on row crops

Atrazine

Runoff from herbicide used on row crops

Benzo(a)pyrene (PAH)

Leaching from linings of water storage tanks and distribution lines

Carbofuran

Leaching of soil fumigant used on rice and alfalfa

Chlordane

Residue of banned termiticide

Dalapon

Runoff from herbicide used on rights of way

Di(2-ethylhexyl) adipate

Discharge from chemical factories

Di(2-ethylhexyl) phthalate

Discharge from rubber and chemical factories

Dibromochloropropane

Runoff/leaching from soil fumigant used on soybeans, cotton, pineapples, and orchards

Dinoseb

Runoff from herbicide used on soybeans and vegetables

Diquat

Runoff from herbicide use

Dioxin [2,3,7,8-TCDD]

Emissions from waste incineration and other combustion; Discharge from chemical factories

Endothall

Runoff from herbicide use

Endrin

Residue of banned insecticide

Epichlorohydrin

Discharge from industrial chemical factories; an impurity of some water treatment chemicals

Ethylene dibromide

Discharge from petroleum refineries

Glyphosate

Runoff from herbicide use

Heptachlor

Residue of banned pesticide

Heptachlor epoxide

Breakdown of heptachlor

Hexachlorobenzene

Discharge from metal refineries and agricultural chemical factories

Hexachlorocyclopenta-diene

Discharge from chemical factories

Lindane

Runoff/leaching from insecticide used on cattle, lumber, gardens

Methoxychlor

Runoff/leaching from insecticide used on fruits, vegetables, alfalfa, livestock

Oxamyl [Vydate]

Runoff/leaching from insecticide used on apples, potatoes and tomatoes

PCBs [Polychlorinated biphenyls]

Runoff from landfills; discharge of waste chemicals

Pentachlorophenol

Discharge from wood preserving factories

Picloram

Herbicide runoff

Simazine

Herbicide runoff

Toxaphene

Runoff/leaching from insecticide used on cotton and cattle

Volatile Organic Contaminants

Benzene

Discharge from factories; leaching from gas storage tanks and landfills

Carbon tetrachloride

Discharge from chemical plants and other industrial activities

Chlorobenzene

Discharge from chemical and agricultural chemical factories

o-Dichlorobenzene

Discharge from industrial chemical factories

p-Dichlorobenzene

Discharge from industrial chemical factories

1,2-Dichloroethane

Discharge from industrial chemical factories

1,1-Dichloroethylene

Discharge from industrial chemical factories

cis-1,2-Dichloroethylene

Discharge from industrial chemical factories

trans-1,2-Dichloroethylene

Discharge from industrial chemical factories

Dichloromethane

Discharge from pharmaceutical and chemical factories

1,2-Dichloropropane

Discharge from industrial chemical factories

Ethylbenzene

Discharge from petroleum refineries

Haloacetic Acids (HAA)

By-product of drinking water disinfection

MtBE

Residual from gasoline spill or leakage

Styrene

Discharge from rubber and plastic factories; leaching from landfills

Tetrachloroethylene

Discharge from factories and dry cleaners

1,2,4-Trichlorobenzene

Discharge from textile-finishing factories

1,1,1-Trichloroethane

Discharge from metal degreasing sites and other factories

1,1,2-Trichloroethane

Discharge from industrial chemical factories

Trichloroethylene

Discharge from metal degreasing sites and other factories

TTHM (Total trihalomethanes)

By-product of drinking water disinfection

Toluene

Discharge from petroleum factories

Vinyl Chloride

Leaching from PVC piping; discharge from plastics factories

Xylenes, Total

Discharge from petroleum factories; discharge from chemical factories

Per- and Polyfluoroalkyl Substances (PFAS) Contaminants

Perfluorohexane sulfonic acid (PFHxS)

Discharge from industrial processes, wastewater treatment, residuals from firefighting foam, runoff/leachate from landfills and septic systems

Perfluorononanoic acid (PFNA)

Discharge from industrial processes, wastewater treatment, residuals from firefighting foam, runoff/leachate from landfills and septic systems

Perfluorooctane sulfonic acid (PFOS)

Discharge from industrial processes, wastewater treatment, residuals from firefighting foam, runoff/leachate from landfills and septic systems

Perfluorooctanoic acid (PFOA)

Discharge from industrial processes, wastewater treatment, residuals from firefighting foam, runoff/leachate from landfills and septic systems

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15 (from Env-Dw 811.20); ss by #12675, eff 1-1-19; amd by #12838, eff 9-30-19

N.H. Code Admin. R. Ann. Env-Dw 811.23 Health Effects Language

If a CWS O/O reports in the CCR an MCL, MRDL, or a treatment technique violation as specified in Env-Dw 700, the CCR shall contain the applicable health effects language for the contaminant as specified in Env-Dw 804 through Env-Dw 810.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10 (from Env-Dw 811.21); ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.24 Report Delivery; Recordkeeping

(a) The CWS O/O shall, by the date specified in Env-Dw 811.03, distribute a paper or electronic copy of the CCR, or of a notice that includes the direct web address (URL) of the CCR, to each customer, the department, and, if requested, any other agency or clearinghouse and any member of the public, as follows:

(1) Paper copies of the CCR or notice shall be delivered in hand or sent via U.S. Postal Service or private delivery service; and

(2) Electronic copies of the CCR or notice shall be delivered via email as an attachment or embedded image, or by other available technology that allows legible transmittal of the material.

(b) If the CWS O/O is aware of a customer’s inability to receive the CCR by an electronic method listed in (a)(2), above, the O/O shall provide a paper copy of the CCR to that customer.

(c) The O/O of a CWS that serves 100,000 or more persons shall make a good faith effort as specified in (d), below, to provide a copy of the CCR to customers who do not receive water bills.

(d) A CWS O/O who undertakes one or more of the following shall have met the requirement in (c), above, to make a good faith effort to reach customers who do not receive water bills:

(1) Posting the CCR on the internet site maintained by or for the CWS;

(2) Mailing the CCR or a notice that includes the URL of the CCR to all postal patrons in the area served by the CWS;

(3) Advertising the availability of the CCR in the electronic and print news media;

(4) Publishing the CCR, or a notice of its availability that includes the URL of the CCR, in a newspaper of general circulation in the area served by the CWS;

(5) Posting the CCR, or a notice of its availability that includes the URL of the CCR, in public places such as cafeterias or lunch rooms of public buildings or near public drinking water fountains in the area served by the CWS;

(6) Delivering multiple copies of the CCR for distribution by single-bill customers such as apartment buildings or large private employers; and

(7) Delivering one or more copies of the CCR or a notice that includes the URL of the CCR to community organizations.

(e) The O/O of a CWS that serves 100,000 or more persons also shall post the most current CCR on a publicly-accessible site on the Internet.

(f) The CWS O/O shall retain a copy of each CCR for at least 3 years after the last day of the calendar year in which it is distributed.

History

(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15 (from Env-Dw 811.22); ss by #12675, eff 1-1-19

N.H. Code Admin. R. Ann. Env-Dw 811.25 Converting MCL Water Quality Compliance Values

(a) The MCL, MRDL, MCLG, and MRDLG for a contaminant shall be expressed in identical units as a number equal to or greater than 1.0, as specified in table 811-2, below, subject to the notes in (b), below:

Table 811-2: Converting MCL Water Quality Compliance Values

Contaminant

Traditional MCL in compliance units (mg/L)

To convert to a whole number, Multiply by ...

MCL in CCR units

MCLG in Whole Numbers

Microbiological Contaminants

Total Coliform Bacteria

Turbidity

TT (NTU)

n/a

E. coli

Routine and repeat samples are total coliform-positive and either is E. coli-positive or system fails to take repeat samples following E. coli-positive routine sample or system fails to analyze total coliform-positive repeat sample for E. coli

Total Organic Carbon

TT (ppm)

n/a

Radioactive Contaminants

Beta/photon emitters

4 mrem/yr

Alpha emitters

15 pCi/L

Combined radium

5 pCi/L

Uranium

30 ug/L

Inorganic Contaminants

Antimony

0.006

1,000

6 ppb

Arsenic

0.010

1,000

10 ppb

Asbestos

7 MFL

Barium

2 ppm

Beryllium

0.004

1,000

4 ppb

Bromate

0.010

1,000

10 ppb

Cadmium

0.005

1,000

5 ppb

Chloramines

MRDL = 4

MRDL = 4 ppm

MRDLG = 4

Chlorine

MRDL = 4

MRDL = 4 ppm

MRDLG = 4

Chlorine dioxide

MRDL = 0.8

1,000

MRDL = 800 ppb

MRDLG = 800

Chlorite

1 ppm

0.8

Chromium

0.1

1,000

100 ppb

100

Copper

AL=1.3

AL=1.3 ppm

1.3

Cyanide

0.2

1,000

200 ppb

200

Fluoride

4.0

4.0 ppm

4.0

Lead

AL=0.015

1,000

AL=15 ppb

Mercury (inorganic)

0.002

1,000

2 ppb

Nitrate (as Nitrogen)

10 ppm

Nitrite (as Nitrogen)

1 ppm

Selenium

0.05

1,000

50 ppb

Thallium

0.002

1,000

2 ppb

0.5

Synthetic Organic Contaminants, including Pesticides and Herbicides

2,4-D

0.07

1,000

70 ppb

2,4,5-TP (Silvex)

0.05

1,000

50 ppb

Acrylamide

TT (ppm)

Alachlor

0.002

1,000

2 ppb

Atrazine

0.003

1,000

3 ppb

Benzo(a)pyrene (PAH)

0.0002

1,000,000

200 ppt

Carbofuran

0.04

1,000

40 ppb

Chlordane

0.002

1,000

2 ppb

Dalapon

0.2

1,000

200 ppb

200

Di(2-ethylhexyl) adipate

0.4

1,000

400 ppb

400

Di(2-ethylhexyl) phthalate

0.006

1,000

6 ppb

Dibromochloropropane

0.0002

1,000,000

200 ppt

Dinoseb

0.007

1,000

7 ppb

Diquat

0.02

1,000

20 ppb

Dioxin [2,3,7,8-TCDD]

0.00000003

1,000,000,000

30 ppq

Endothall

0.1

1,000

100 ppb

100

Endrin

0.002

1,000

2 ppb

Epichlorohydrin

TT (ppm)

Ethylene dibromide

0.00005

1,000,000

50 ppt

Glyphosate

0.7

1,000

700 ppb

700

Heptachlor

0.0004

1,000,000

400 ppt

Heptachlor epoxide

0.0002

1,000,000

200 ppt

Hexachlorobenzene

0.001

1,000

1 ppb

Hexachlorocyclopenta-diene

0.05

1,000

50 ppb

Lindane

0.0002

1,000,000

200 ppt

200

Methoxychlor

0.04

1,000

40 ppb

Oxamyl [Vydate]

0.2

1,000

200 ppb

200

PCBs [Polychlorinated biphenyls]

0.0005

1,000,000

500 ppt

Pentachlorophenol

0.001

1,000

1 ppb

Picloram

0.5

1,000

500 ppb

500

Simazine

0.004

1,000

4 ppb

Toxaphene

0.003

1,000

3 ppb

Volatile Organic Contaminants

Benzene

0.005

1,000

5 ppb

Carbon tetrachloride

0.005

1,000

5 ppb

Chloramines

MRDL = 4

…………

MRDL = 4 ppm

MRDLG = 4

Chlorine

MRDL = 4

…………

MRDL = 4 ppm

MRDLG = 4

Chlorite

………..

1 ppm

0.8

Chlorine dioxide

MRDL = 0.8

1,000

MRDL = 800 ppb

MRDLG = 800

Chlorobenzene

0.1

1,000

100 ppb

100

o-Dichlorobenzene

0.6

1,000

600 ppb

600

p-Dichlorobenzene

0.075

1,000

75 ppb

1,2-Dichloroethane

0.005

1,000

5 ppb

1,1-Dichloroethylene

0.007

1,000

7 ppb

cis-1,2-Dichloroethylene

0.07

1,000

70 ppb

trans-1,2-Dichloroethylene

0.1

1,000

100 ppb

100

Dichloromethane

0.005

1,000

5 ppb

1,2-Dichloropropane

0.005

1,000

5 ppb

Ethylbenzene

0.7

1,000

700 ppb

700

Haloacetic Acids (HAA)

0.060

1,000

60 ppb

n/a

MtBE

0.013

1,000

13 ppb

Styrene

0.1

1,000

100 ppb

100

Tetrachloroethylene

0.005

1,000

5 ppb

1,2,4-Trichlorobenzene

0.07

1,000

70 ppb

1,1,1-Trichloroethane

0.2

1,000

200 ppb

200

1,1,2-Trichloroethane

0.005

1,000

5 ppb

Trichloroethylene

0.005

1,000

5 ppb

TTHMs [Total trihalomethanes]

0.10/0.080

1,000

100/80 ppb

n/a

Toluene

1 ppm

Vinyl Chloride

0.002

1,000

2 ppb

Xylenes, Total

10 ppm

Per- and Polyfluoroalkyl Substances (PFAS) Contaminants

Perfluorohexane sulfonic acid (PFHxS)

0.000018

1,000,000

18 ppt

Perfluorononanoic acid (PFNA)

0.000011

1,000,000

11 ppt

Perfluorooctane sulfonic acid (PFOS)

0.000015

1,000,000

15 ppt

Perfluorooctanoic acid (PFOA)

0.000012

1,000,000

12 ppt

(b) The follow abbreviations shall apply to table 811-2:

(1) “AL” means action level;

(2) “MRDL” means maximum residual disinfectant level;

(3) “MFL” means million fibers per liter;

(4) “NTU” means nephelometric turbidity unit;

(5) “ppb” means parts per billion;

(6) “ppm” means parts per million;

(7) “ppq” means parts per quadrillion;

(8) “ppt” means parts per trillion;

(9) “pCi/L” means picocuries per liter; and

(10) “TT” means treatment technique.

Appendix A - Statutes/Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Requirements Implemented

Env-Dw 801 - 802

RSA 485:2, V; RSA 485:3, I

40 CFR 141.31; 40 CFR 141, Subpart Q

Env-Dw 803

RSA 485:2, V; RSA 485:3, I

40 CFR 141. 201 – 40 CFR 201.211

Env-Dw 804.01, 804.02 & 804.04

RSA 485:2, V; RSA 485:3, I

40 CFR 141.205(d); Appendix B to 40 CFR 141 Subpart Q

Env-Dw 804.03

RSA 485:2, V; RSA 485:3, I & VII

40 CFR 141.205(d); Appendix B to 40 CFR 141 Subpart Q

Env-Dw 804.05

RSA 485:2, V; RSA 485:3, I

Env-Dw 805 - 810

RSA 485:2, V; RSA 485:3, I & VII

40 CFR 141.205(d);

Appendix B to 40 CFR 141, Subpart Q

Env-Dw 808.01;

Env-Dw 808.27-808.30

RSA 485:43; RSA 485:16-e

Env-Dw 811

RSA 485:2, V; RSA 485:3, I, III(b)

40 CFR 141.141, Subparts O and Q

Env-Dw 811.02(d);

Env-Dw 811.07(c);

Env-Dw 811.22(b), Table 811-1;

Env-Dw 811.25(a), Table 811-2

RSA 485:43; RSA 485:16-e

History

#12675, eff 1-1-19; amd by #12838, eff 9-30-19

Chapter Env-Dw 900 Protection of Water Sources

Part Env-Dw 901 Groundwater Reclassification

N.H. Code Admin. R. Ann. Env-Dw 901.01 Purpose

Revision Note:

Document #8747, effective 10-28-06, readopted with amendments and renumbered former Part Env-Ws 420, entitled Groundwater Reclassification, under a new subtitle as Part Env-Dw 901. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #8747 replaces all prior filings for rules formerly in Env-Ws 420. The prior filings for rules in former Env-Ws 420 include the following documents:

#5542, eff 12-24-92

#6921, eff 12-24-98

The purpose of the rules in this part is to implement RSA 485-C:5 and RSA 485-C:7 - 12 relative to groundwater reclassification and management of wellhead protection areas and other locally important groundwater.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14; ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.02 Applicability

The rules in this part shall apply to:

(a) Any person seeking a reclassification of groundwater as allowed under RSA 485-C:9; and

(b) Any local entity that has requested and obtained a groundwater reclassification for which RSA 485-C:8 requires on-going management of potential contamination sources.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14; ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.03 Standard Terms

Any terms used in this part that are subject to Env-Dw 101.03 or that are defined in Env-Dw 103 shall have the meaning established therein.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14; ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.04 Part-Specific Definitions

(a) “Best management practice” means “best management practice” as defined in RSA 485-C:2, II, as reprinted in Appendix C.

(b) “Boundary change” means the reclassification of some portion(s) of an area that has been reclassified pursuant to Env-Dw 901.06.

(d) “Contact person” means an individual who can be contacted on behalf of a local entity or other person who is submitting a request to the department regarding the request.

(e) “Contributing area” means “contributing area” as defined in RSA 485-C:2, IV, as reprinted in Appendix C.

(f) “Groundwater” means “groundwater” as defined in RSA 485-C:2, VIII, as reprinted in Appendix C.

(g) “Inventory inspection” means a field verification conducted by the department or a local entity to determine whether an activity within the contributing area of a proposed groundwater reclassification that has been identified as a potential contamination source actually uses, handles, or stores regulated substances subject to the best management practices listed in Env-Wq 401.

(h) “Local entity” means “local entity” as defined in RSA 485-C:2, X, as reprinted in Appendix C.

(i) “Management inspection” means a periodic inspection conducted by a local entity to ensure that potential contamination source activities are in compliance with applicable best management practices.

(j) “Person” means “person” as defined in RSA 485-C:2, XI, as reprinted in Appendix C.

(k) “Potential contamination source” means “potential contamination sources” as described in RSA 485-C:7, as reprinted in Appendix C.

(l) “Regulated contaminant” means “regulated contaminant” as defined in RSA 485-C:2, XIII, as reprinted in Appendix C.

(m) “Regulated substance” means any of the following, with the exclusion of substances used for the treatment of drinking water or wastewater at department approved facilities:

(1) Oil as defined in RSA 146-A:2, III, as reprinted in Appendix C;

(2) Any substance that contains a regulated contaminant for which an ambient groundwater quality standard has been established pursuant to RSA 485-C:6; and

(3) Any substance listed in 40 CFR 302, 7-1-24 edition.

(n) “Wellhead protection area” means “wellhead protection area” as defined in RSA 485-C:2, XVIII, as reprinted in Appendix C.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.03); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.05 Classes of Groundwater

Groundwater shall be classified as specified in RSA 485-C:5, I, and summarized in Table 901-1, below:

Table 901-1: Groundwater Classes

Class

Description

GAA

Groundwater within the wellhead protection area for wells that are currently used, or well sites that have been identified for future use, as sources of drinking water for public water systems

GA1

Groundwater in a defined zone of high value for present or future drinking water supply

GA2

Groundwater within aquifers identified as highly productive for potential use as a public water supply by the U.S. Geological Survey (USGS) regional groundwater studies or other regional studies

Groundwater not assigned to a higher class

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.04); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.06 Requests for Reclassification of Groundwater to GAA or GA1

A local entity requesting a reclassification of groundwater to GAA or GA1 shall provide the following to the department:

(a) A completed reclassification request form as specified in Env-Dw 901.07, which shall constitute the written request required by RSA 485-C:9, II or III, as applicable;

(b) If the local entity is a duly-constituted municipal unit, the written concurrence of the local governing body as required by RSA 485-C:9, II or III, as applicable, which may be in the form of certified minutes of the meeting at which the agreement occurred;

(c) If the request is for reclassification to GAA, a wellhead protection area delineation as required by RSA 485-C:9, II, as applicable, performed in accordance with Env-Dw 901.12;

(d) If the request is for reclassification to GA1, a definition of the contributing area of high value groundwater for present or future drinking water supply as required by RSA 485-C:9, III, as applicable, prepared in accordance with Env-Dw 901.13;

(e) A potential contamination source inventory report as required by RSA 485-C:9, II or III, as applicable, prepared in accordance with Env-Dw 901.16;

(f) A potential contamination source management program as required by RSA 485-C:9, II or III, as applicable, prepared in accordance with Env-Dw 901.17; and

(g) A description of the informational meeting held in accordance with Env-Dw 901.14 if the local entity chooses to hold one, including the following information:

(1) The date of meeting;

(2) The location of meeting;

(3) The number of people attending; and

(4) The location where meeting notice was posted and newspaper in which it was published.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.05); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.07 Reclassification Request Form

(a) The local entity requesting reclassification shall complete and submit form “Request for Groundwater Reclassification” NHDES-W-03-141, revised June 2025.

(b) The local entity requesting reclassification shall submit map(s) showing the area in which the groundwater is located with the completed form.

(c) A duly-authorized representative of the local entity submitting the request shall sign and date the form and print or type their name and title.

(d) The signature provided pursuant to (c) above, shall constitute certification that the information provided on the form and with the request is true, complete, and not misleading to the best knowledge and belief of the signer.

(e) If the area(s) to be reclassified are within a municipality other than the one filing the request, a duly-authorized representative of each such municipality shall sign and date the form and print or type their name and title.

(f) Each signature provided pursuant to (e) above shall indicate that the municipality is aware of the reclassification request and does not oppose the request.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14; ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.08 Requests for Review of Groundwater Classified as GAA or GA1

(a) A person requesting the department to review a contributing area classified as GAA or GA1 to determine whether the requirements for inventory and management of potential contamination sources are being met as provided in RSA 485-C:9, V, shall submit a report to the department that explains the reason(s) why the person believes the requirements for the present classification are not being met.

(b) After receiving a request pursuant to (a) above, the department shall:

(1) Proceed in accordance with RSA 485-C:9, V(a); and

(2) Notify in writing the person requesting the review and the local entity of its actions.

(c) If the department determines that a deficiency in the inventory and management program exists and has not been corrected within the time required by RSA 485-C:9, V(a), the commissioner shall propose to reclassify the groundwater as GB unless the department has adequate resources to take over the inspection and management program.

(d) Prior to finalizing the reclassification, the department shall provide notice and hold a public hearing as required by RSA 485-C:9, VI.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.07); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.09 Requests for Reclassification of Groundwater to GA2

(a) As specified in RSA 485-C:9, IV, upon receipt of a report or study that identifies areas of bedrock or stratified drift aquifers that are highly productive for public water supply, the department shall recommend to the commissioner that a reclassification to GA2 should occur if the areas:

(1) Meet the criteria for the class; and

(2) Are not already classified as GAA or GA1.

(b) A request to reclassify an area to GA2 shall include:

(1) The name, mailing address, daytime telephone number, and email address of the requestor and, if the requestor is other than an individual, the name, daytime telephone number, and email address of a contact person;

(2) The date, title, and author of the report or study;

(3) The name of each municipality in which the groundwater is located;

(4) A copy of the report or study; and

(5) A narrative explaining the reasons for the request.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.08); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.10 Requests for Boundary Changes

(a) A person who wishes to request a change in the boundary of groundwater that has been classified pursuant to this part shall submit the following information in writing to the department:

(1) The date of the request;

(2) The name, mailing address, daytime telephone number, and email address of the requestor and, if the requestor is other than an individual, the name, mailing address, daytime telephone number, and email address of a contact person;

(3) The name of each municipality in which the boundaries lie;

(4) The classification and location of groundwater under review;

(5) The USGS 7.5 minute series quadrangle map(s) showing the existing and proposed boundaries of the groundwater classification; and

(6) A narrative explaining the reasons for the request.

(b) If the department determines that the request is based on information not presented at the time of the initial classification of the groundwater, then the department shall take action on the request in accordance with Env-Dw 901.11.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.09); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.11 Department Action on Requests for Reclassification or Boundary Changes

(a) Upon receipt of a request for reclassification of groundwater to GAA or GA1, for a boundary change, or for reclassification to GA2, the department shall determine whether all of the requisite information for the application has been received, as specified in:

(1) Env-Dw 901.06 and Env-Dw 901.07 for reclassification of groundwater to GAA or GA1;

(2) Env-Dw 901.09 for reclassification to GA2; or

(3) Env-Dw 901.10 for a boundary change.

(b) If the department determines that the request is complete, the department shall:

(1) Acknowledge receipt of the request in writing to the local entity or other person making the request and each municipality in which the groundwater is located; and

(2) Schedule and issue notice of a public hearing on the request in accordance with RSA 485-C:9, VI.

(c) If the department determines that the request is not complete, the department shall notify the local entity or other person filing the request in writing of the information that is needed to complete the request within 30 days of receipt.

(d) If the department recommends reclassification of a GAA or GA1 pursuant to RSA 485-C:9, V(a), the local entity that had requested such classification shall provide the department with an electronic list of all current landowners’ mailing addresses.

(e) The department shall conduct the public hearing held pursuant to (b)(2) above in accordance with the provisions of Env-C 200 that apply to non-adjudicative hearings.

(f) Following the public hearing, the department shall notify in writing the local entity or other person requesting the reclassification or boundary change and each municipality in which the groundwater is located of the department’s decision on the request. If the request is denied, the written decision shall specify the reason(s) for the denial.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.10); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.12 Wellhead Protection Area Delineations

(a) A local entity requesting reclassification to GAA shall prepare, or request the department to prepare, a wellhead protection area delineation that covers each well included in the area that is the subject of the request.

(b) If the local entity requests the department to prepare the delineation, the request shall:

(1) Be submitted on official letterhead; and

(2) Include the following:

a. The date of the request;

b. The name of the local entity;

c. The name, mailing address, daytime telephone number, and email address of a contact person;

d. The municipality in which the well is located;

e. The name and PWS identification number of the well;

f. The well type;

g. The population and municipalities served by the well;

h. The name, mailing address, daytime telephone number, and email address of the well owner;

i. The street address and locus map of well location;

j. Hydrogeological or engineering reports, if available; and

k. Any site specific information available for the well site, that is available, such as well siting report(s), boring logs, and pumping test report(s).

(c) If the local entity is performing the delineation for department review, the request to review the delineation shall include all information considered in preparing the delineation.

(d) Wellhead protection area delineations shall be based on the information specified in (b)(2) above.

(e) Upon reclassification to GAA, any challenge to the delineated boundaries shall be made in accordance with Env-Dw 901.10.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.11); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.13 Delineations of Groundwater and Well Sites for Present or Future Drinking Water Supply

(a) A local entity requesting reclassification to GA1 shall identify areas that are currently used or will be used for future drinking water supply on USGS 7.5 minute series topographic maps.

(b) The requestor under (a) above shall provide a map, accompanied by a report, that includes the following information:

(1) The relationship of the proposed area to existing or planned drinking water supplies, including any hydrogeologic information which supports the definition of the area drawn on the map; and

(2) A description of the extent to which the groundwater is or will be used for drinking water purposes.

(c) A local entity requesting reclassification to GAA of a wellhead protection area for a well site that has been identified for future use shall submit the information specified in (a) and (b) above, and the following:

(1) An estimate of the projected production volume of the well expressed in gallons per day;

(2) For wells with projected production volumes less than 57,600 gallons per day, a delineation of the wellhead protection area or a map with a circle using a radius drawn from the well to a linear distance based upon the projected volume in accordance with Env-Dw 305; and

(3) For wells with projected production volumes of 57,600 gallons per day or greater, a delineation of the wellhead protection area or a map with a circle using a radius drawn from the well to a linear distance of 4,000 feet.

(d) For reclassifications using a delineation completed pursuant to (c)(2) or (c)(3) above, when a final wellhead protection area delineation is completed under Env-Dw 302 or Env-Dw 305, or if a more accurate delineation has been completed, the local entity shall submit the subsequent delineation to the department with a request to change the reclassification boundaries in accordance with Env-Dw 901.10.

(e) Upon reclassification to GAA or GA1, any challenge to the delineation shall be made in accordance with Env-Dw 901.10.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.12); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.14 Informational Meeting

(a) An informational meeting may be held by the local entity seeking reclassification prior to performing an inventory inspection or developing a management program in order to explain to interested parties that it is seeking reclassification of groundwater.

(b) If the local entity is not a private supplier of water, the estimated cost of seeking and maintaining reclassification shall be presented at the meeting held pursuant to (a) above.

(1) Published by the local entity in a newspaper of general circulation in the municipality affected; and

(2) Posted in at least 2 public places, one of which shall be the local entity’s web site if the local entity has a web site.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.13); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.15 Performing an Inventory of Potential Contamination Sources

A local entity requesting reclassification to GAA or to GA1 shall:

(a) Perform the required inventory of potential contamination sources by:

(1) Reviewing human activities and operations to determine whether potential contamination sources such as those listed in RSA 485-C:7, II are located within the area proposed to be reclassified; and

(2) Recording the information specified in RSA 485-C:8, II for each potential contamination source; and

(b) Submit an inventory report in accordance with Env-Dw 901.16.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.14); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.16 Inventory Report

(a) The inventory report submitted as required by Env-Dw 901.15(b) shall include:

(1) The information required by RSA 485-C:8, II; and

(2) A description of how the inventory was performed and what sources were used to ensure its completeness.

(b) If the groundwater is reclassified as requested, the local entity shall provide a copy of an inventory report to the department every 3 years that has been updated based on the inspections required by RSA 485-C:8, III(c).

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.15); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.17 Management Program

(a) A local entity requesting reclassification to GAA or to GA1 shall include in its request a plan for a potential contamination source management program that will meet the requirements of RSA 485-C:8, III.

(b) The potential contamination source management program plan provided pursuant to (a) above shall include the following:

(1) A description of the process for updating the inventory at intervals no greater than 3 years, as required by RSA 485-C:8, III(a);

(2) A description of the process for written notification to the owner of each potential contamination source listed in the inventory at intervals no greater than 3 years, as required by RSA 485-C:8, III(b);

(3) A list of the name of the owner, the site address, and tax map and lot number of each property within the area proposed to be reclassified in electronic format for the department to use in preparing mailing labels so as to meet the notification requirements of RSA 485-C:9, VI(b);

(4) A list of all facilities requiring or having release detection permits issued pursuant to Env-Or 700 or predecessor rules in Env-Wm 1403 within the area proposed to be reclassified;

(5) The process for performing a management inspection in accordance with Env-Dw 901.18 of all potential contamination sources located within the area proposed to be reclassified at least once every 3 years to ascertain compliance with best management practices for preventing groundwater contamination, provided, however, that pesticides regulated under RSA 420:28-48 and agricultural operations which are operated in compliance with all administrative rules relative to such operations and best management practices developed, administered, and enforced by the New Hampshire department of agriculture, markets and food shall not be subject to inspection under these rules, pursuant to RSA 485-C:8, III(c)(1) and (2); and

(6) An assessment of the ability of the local entity to implement and maintain the potential contamination source management program.

(1) The name, mailing address, daytime telephone number, and email address of the contact person for the local entity requesting reclassification, and, for GAA areas, the location(s) of the well(s) for which the wellhead protection area was delineated;

(2) A statement that the potential contamination source is in a wellhead protection area, an area likely to have groundwater below it that is drawn to a community water supply well, or an area of potential use for future public water supply, as applicable;

(3) A statement of what the present use of the property is and a statement that it is considered to have potential for groundwater contamination;

(4) A copy of Env-Wq 401 relative to best management practices for preventing groundwater contamination;

(5) A statement that any unpermitted discharge to groundwater, or contamination of groundwater, is illegal under RSA 485-A:13, Env-Or 700, and Env-Wq 402; and

(6) The name, mailing address, daytime phone number, and email address of a contact person and affiliated agency at the local level and at the department who can answer any questions about the program.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.16); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.18 Performance of Management Inspections

(a) As required by RSA 485-C:8, III(c), the local entity shall conduct management inspections of potential contamination sources in contributing areas for groundwater classified as GAA or GA1 at least once every 3 years, provided, however, that pesticides regulated under RSA 430:28-48 and agricultural operations which are operated in compliance with all administrative rules relative to such operations and best management practices developed, administered, and enforced by the New Hampshire department of agriculture, markets and food shall not be subject to inspection under these rules.

(b) The local entity shall provide written notice of any violations of best management practices to the owner of the potential contamination source within 30 days of the date of the management inspection.

(c) Inability to gain access to a potential contamination source for the purpose of conducting a management inspection shall be reported by the local entity to the local health officer and to the department.

History

(See Revision Note at part heading for Env-Dw 901) #8747, eff 10-28-06; ss by #10749, eff 12-19-14 (from Env-Dw 901.17); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

N.H. Code Admin. R. Ann. Env-Dw 901.19 Waivers

(a) A local entity requesting reclassification of groundwater or a person requesting that the department review a contributing area classified as GAA or GA1 or reclassify an area to GA2 or GB or change one or more of the boundaries of an existing groundwater reclassification or a person responsible for implementing a management program under this part may request a waiver to any information requirement under this part, provided that the information requirement is not mandated by RSA 485-C.

(b) The person requesting the waiver(s) shall submit the following information in writing to the department:

(1) The name, mailing address, daytime telephone number, and email address, of the person who is requesting the waiver and, if the person is other than an individual, the name, daytime telephone number, and email address, if any, of an individual who can be contacted by the department relative to the request;

(2) Identification of the location of the area covered by the review or reclassification request to which the waiver request relates;

(3) Identification of the specific section of the rules that requires the information to which the waiver request relates;

(4) A full explanation of why a waiver is being requested, including an estimate of the costs of obtaining the information;

(5) Whether the waiver is needed for a limited or indefinite period of time; and

(6) A full explanation of how granting a waiver meet the criteria specified in (c) below.

(1) The information requirement is not mandated by RSA 485-C; and

(2) Denial of the waiver request would place a financial burden on the requestor that is disproportionate to the value of the information required.

(d) The department shall issue a written response to a request for a waiver within 60 days of receipt of the request. If the department denies the request, the reasons(s) for the denial shall be clearly stated in the written response.

History

#10749, eff 12-19-14 (from Env-A 901.18); ss by #14296, eff 6-27-25, EXPIRES: 6-27-35

Part Env-Dw 902 Protecting the Purity of Surface Water Sources of Drinking Water

N.H. Code Admin. R. Ann. Env-Dw 902.01 Purpose

Statutory Authority: RSA 485:23, I; RSA 485:24, I

Revision Note:

Document #10602, effective 5-20-14, readopted with amendments and renumbered former Part Env-Ws 386, titled “Rules for Protecting the Purity of Regulated Watersheds”, and also adopted new rules, under a new subtitle as Part Env-Dw 902, titled “Protecting the Purity of Surface Water Sources of Drinking Water”. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Most of the existing rules in Env-Ws 386 had last been filed under Document #8500, effective 11-30-05, but they did not expire on 11-30-13 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10602, effective 5-20-14.

Document #10602 replaces all prior filings for rules in the former Env-Ws 386. The prior filings for these former rules, beginning with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

#6521, eff 6-4-97

#7508, eff 6-21-01

#7590, EMERGENCY, eff 11-18-01, EXPIRED 5-7-02

#8360, INTERIM, eff 6-4-05

#8500, eff 11-30-05

#8969, eff 8-24-07

The purpose of this part is to implement RSA 485:23 and RSA 485:24 by establishing reasonable watershed management practices to protect the quality of surface waters used as sources of drinking water.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13826, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.02 Applicability

(a) This part shall apply only to the particular watershed identified in the introductory paragraph(s) of each section.

(b) The rules in Env-Dw 902.01 through Env-Dw 902.06 shall apply to Env-Dw 902.07 through Env-Dw 902.35.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13826, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.03 Definitions

Unless otherwise defined in context, the following definitions shall apply to this part:

(a) “Agricultural compost” means “agricultural compost” as defined in RSA 431:33, I, reprinted in Appendix C;

(b) “All-terrain vehicle” means “all-terrain vehicle” as defined in RSA 215-A:1, I-b, reprinted in Appendix C;

(d) “Commercial fertilizer” means “commercial fertilizer” as defined in RSA 431:33, II, reprinted in Appendix C;

(e) “Hazardous waste” means “hazardous waste” as defined in RSA 147-A:2, VII, reprinted in Appendix C;

(f) “Industrial waste” means “industrial waste” as defined in RSA 485-A:2, VI, reprinted in Appendix C;

(g) “Inlet” means an area of surface water that connects to and is part of a lake or pond, including but not limited to a bay or cove;

(h) “Junk yard” means “junk yard” as defined in RSA 236:112, I, reprinted in Appendix C;

(i) “Machinery junk yard” means “machinery junk yard” as defined in RSA 236:112, III, reprinted in Appendix C;

(j) “Manure” means “manure” as defined in RSA 431:33, III, reprinted in Appendix C;

(k) “Motor vehicle” means “motor vehicle” as defined in RSA 259:60, reprinted in Appendix C;

(l) “Off-highway recreational vehicle (OHRV)” means “off-highway recreational vehicle” as defined in RSA 215-A:1, VI, reprinted in Appendix C;

(m) “Other waste” means “other waste” as defined in RSA 485-A:2, VIII, reprinted in Appendix C;

(n) “Person” means “person” as defined in RSA 485-A:2, IX, reprinted in Appendix C;

(o) “Seaplane” means “seaplane” as defined in RSA 270:2, IX, reprinted in Appendix C;

(p) “Sewage” means “sewage” as defined in RSA 485-A:2, X, reprinted in Appendix C;

(q) “Ski craft” means “ski craft” as defined in RSA 270:73, V, reprinted in Appendix C;

(r) “Snowmobile” means “snowmobile” as defined in RSA 215-A:1, XIII, reprinted in Appendix C;

(s) “Solid waste” means “solid waste” as defined in RSA 149-M:4, XXII, reprinted in Appendix C; and

(t) “Tributary” means a surface water body that is connected by surface flow in a distinct channel to the subject surface water body. The term includes, but is not limited to, the upstream reach of an impounded river, a stream that feeds directly into the subject surface water body, and a pond that is connected by a stream to the subject surface water body.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13826, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.04 Restriction of Activities Beyond The Setback From Streams and Shorelines

(a) The rules in Env-Dw 902.07 through Env-Dw 902.35 shall apply to also restrict activity beyond the shoreline setback if the department determines that such activity would endanger water quality.

(b) The department shall consider the following factors when determining whether an activity beyond the shoreline setback would endanger water quality:

(1) Type of contaminant;

(2) Amount of contaminant generated by the activity;

(3) Persistence of the contaminant;

(4) Distance and topography between the contaminant locus and the water supply intake; and

(5) Application of best management practices (BMPs) or best available treatment (BAT).

(1) In a location within the watershed that would be affected by a determination or, if there is not a suitable location within the watershed, in a location that is near the watershed; and

(2) In accordance with the provisions of Env-C 200 that apply to non-adjudicative proceedings.

(d) If the department determines that, due to the type, amount, and persistence of the contaminant and the topography and distance between the activity that generates the contaminant and the water supply intake, the contaminant cannot be reduced to a safe level through the application of BMPs or BAT, the department shall issue a written notice advising the water supplier and the person undertaking the activity that the activity shall be restricted to a specified distance from the water supply intake, with or without BMPs or BAT, so that the activity will not pose a threat to the water taken in by the water system.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13826, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.05 Waivers

(a) Any person whose activities in a given watershed are restricted by these rules and who wishes to request a waiver of the rule(s) that impose(s) the restriction(s) shall make such request in accordance with this section.

(b) The person requesting a waiver shall:

(1) Compile the information specified in (d), below, in a written document;

(2) Sign and date the document;

(3) If the requestor does not own the affected property, obtain the dated signature of each property owner as identified pursuant to (d)(2), below;

(4) Submit the original signed document to the department; and

(5) Send a copy of the signed document to the affected water supplier and to each municipality in which the affected property is located.

(c) The signature(s) of the applicant and the affected land owner(s), if any, shall constitute certification that the information provided is true, complete, and not misleading to the knowledge and belief of the signor.

(d) Each request for a waiver shall include the following information:

(1) The name, mailing address, and daytime telephone number of the person making the request and, if available, an email address and fax number;

(2) If the person making the request is not the owner of the property, the name and mailing address, and daytime telephone number of each landowner and, if available, an email address and fax number;

(3) A description of the affected property, including town, street address, and tax map and lot number;

(4) A specific reference to the section and paragraph within the section for which a waiver is being sought;

(5) A full explanation of why a waiver is being requested, including an explanation of the practical and economic consequences to the person of complying with the rule as written;

(6) Whether the need for the waiver is temporary or permanent and, if temporary, the amount of time the waiver is needed;

(7) If the requestor is proposing an alternative measure, a full explanation of the alternatives that will be implemented if the waiver is granted, with backup supporting data; and

(8) A full explanation of how the waiver request meets the criteria specified in (h), below.

(e) Upon receipt of a waiver request, the department shall inform the affected water supplier and the municipality in which the property is located of the opportunity to submit data, views, or comments regarding the waiver request in accordance with RSA 541-A:39.

(f) If requested by the affected water supplier or municipality, the department shall conduct a public hearing regarding the waiver request prior to making a decision on the request.

(g) Any public hearing held pursuant to (f) above, shall be conducted:

(1) In a location within the watershed that would be affected by a determination or, if there is not a suitable location within the watershed, in a location that is near the watershed; and

(2) In accordance with the provisions of Env-C 200 that apply to non-adjudicative proceedings.

(h) The department shall grant a waiver if it determines that:

(1) The activity will be undertaken in a way that will provide equivalent or better protection to the protected surface water; or

(2) The affected water supplier does not object to the request and the intent of RSA 485:24 and RSA 485:25 will still be met.

(i) The department shall send its written decision on a waiver request to the requestor, each property owner identified pursuant to (d)(2) above, each municipality in which the property is located, and the affected water supplier.

(j) If the waiver request is denied, the department shall specify the reason(s) for the denial in its written decision.

(k) If a waiver is granted, the department shall:

(1) Attach such conditions to the waiver as are necessary to ensure that the criteria specified in (h) above, are met; and

(2) Specify the expiration date of the waiver, if a temporary waiver was requested.

(l) Any waiver granted shall be transferable with the affected property until the stated expiration date of the waiver, if any.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.06 Notice to Municipalities

(a) Whenever the department proposes to adopt, amend, readopt with amendment, or repeal any provision of Env-Dw 902 that affects a particular watershed, the department shall provide written notice to:

(1) The governing body of each municipality in which any part of the watershed is located; or

(2) The county commissioners, if any part of a watershed is within an unincorporated place.

(b) The department shall send the written notice within 7 calendar days of filing the rulemaking notice under RSA 541-A:6, I.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.07 Protection of the Purity of Bradley Lake and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Bradley Lake, which is the principal public drinking water supply for the town of Andover.

(b) This section shall apply within the Bradley Lake watershed above the lake outlet that is located at approximate latitude 43° 25' 00", longitude 71° 49' 22", in the towns of:

(1) Andover; and

(2) Salisbury.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Andover and Salisbury and their duly authorized agents, and the board of water commissioners of the Andover Precinct and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Bradley Lake watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue or maintain a privy, pig-pen, stable, or other buildings or structures in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of Bradley Lake or within 75 feet of any inlet thereof or tributary thereto;

(2) A person shall not permit urine, sink water, or water that has been used for washing or cleansing materials, persons, or food to run into said lake or any inlet thereof, or into any cesspool, septic tank, or other excavation or onto the surface of any ground within 75 feet of the high water mark of said lake or any inlet thereof;

(3) A person shall not deposit or throw a dead animal or fish or parts thereof, kitchen waste, garbage, or refuse of any kind, manure, or human wastes into said lake or any inlet thereof, nor shall a person leave or allow such materials to remain within 75 feet of said lake or any inlet thereof;

(4) A person shall not permit the activities or conditions described in (1), (2), and (3) above, within the watershed area tributary to Bradley Lake even though beyond the minimum limit of 75 feet, if the purity of the water thereby shall be deemed by the department to be endangered in accordance with the criteria in Env-Dw 902.04;

(5) A person shall not permit sawdust to be thrown or allowed to fall into said lake or into any inlet thereof;

(6) A person shall not swim or bathe, nor shall a person permit any domestic animals to enter in the waters of said lake south of a line drawn from a point on the easterly shore located at latitude 43° 24' 56.4", longitude 71°49' 33.6" to a point on the island located at latitude 43° 24' 55.8", longitude 71°49' 36.8" to the point on the westerly shore located at latitude 43° 24' 54.8", longitude 71° 49' 38.9", said line being located where power lines cross the lake as of the 2014 effective date of this section; and

(7) A person shall not use seaplanes on said lake.

(h) The Andover Precinct shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Bradley Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.08 Protection of the Purity of Albany Brook and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Albany Brook, which is the principal drinking water supply for Bartlett Village Precinct.

(b) This section shall apply within the Albany Brook watershed above the dam that is located at approximate latitude 44° 03' 37", longitude 71° 17' 36", in the towns of:

(1) Bartlett; and

(2) Albany.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Bartlett and Albany and their duly authorized agents, and the board of water commissioners of the Bartlett Village Precinct and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Albany Brook watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue or maintain a privy, pig-pen, stable, or other buildings or structures in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of Albany Brook or within 75 feet of any tributary to said brook;

(2) A person shall not allow sink water, urine, or water that has been used for washing or cleansing materials, persons, or food to run into said brook or any tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said brook or any tributary thereto;

(3) A person shall not throw or deposit into said brook or any tributary thereto, any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage, or leave or allow any such materials to remain within 75 feet of the high water mark of said brook or any tributary thereto;

(4) A person shall not deposit or allow to fall any sawdust, shavings, apple pomace, or waste from mills or factories into said brook or any tributary thereto, or upon their banks so near as to be reachable by high water;

(5) A person shall not bathe in said brook;

(6) A person shall not fish in said brook;

(7) A person shall not allow any of the structures or conditions described in (1), (2), (3), and (4) above, beyond the minimum limit of 75 feet, if the purity of the water thereby shall be deemed by the department in accordance with Env-Dw 902.04 to be endangered; and

(8) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said brook or any tributary thereto, any materials such as are described in (2), (3), and (4) above.

(h) The Bartlett Village precinct shall post a summary of the prohibitions contained in (g) above at public access locations where persons might reasonably be expected to access Albany Brook or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.09 Protection of the Purity of the Upper Ammonoosuc River Godfrey Dam and Its Watershed

(a) The purpose of this section is to protect the purity of the water of the Upper Ammonoosuc River, which is a principal drinking water supply for the city of Berlin.

(b) This section shall apply within the Ammonoosuc River watershed above the Godfrey Dam, which is located at approximate latitude 44° 29' 03", longitude 71° 19' 14", in the:

(1) City of Berlin;

(2) Town of Kilkenney; and

(3) Town of Randolph.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the city of Berlin and the towns of Kilkenney and Randolph and their duly authorized agents, and the board of water commissioners of the city of Berlin and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Godfrey Dam watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain a privy, pig-pen, stable, or other buildings or structures in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of said reservoir or any inlet thereof or tributary thereto;

(2) A person shall not allow sink water, urine, or water that has been used for washing or cleansing materials, persons, or food to run into said reservoir or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said reservoir or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said reservoir or any inlet thereof or tributary thereto, or leave or allow any such materials to remain within 75 feet of the high water mark of said reservoir or any inlet thereof or tributary thereto;

(4) A person shall not deposit or allow sawdust, shavings, apple pomace, or waste from mills or factories to fall into said reservoir or into any inlet thereof or tributary thereto, or upon their banks so near as to be reachable by high water;

(5) A person shall not bathe in said reservoir;

(6) A person shall not allow structures or conditions described in (1), (2), (3) and (4) above, beyond the minimum limit of 75 feet, if the purity thereby of the water shall be deemed by the department in accordance with Env-Dw 902.04 to be endangered;

(7) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said reservoir or any inlet thereof or tributary thereto, any waste or materials such as described in (2), (3) and (4) above; and

(8) A person shall not use seaplanes on said reservoir.

(h) The city of Berlin shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access the upper Ammonoosuc River or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.10 Protection of the Purity of Canaan Street Lake and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Canaan Street Lake, which is the principal drinking water supply for the town of Canaan.

(b) This section shall apply within the Canaan Street Lake watershed above the outlet dam that is located at approximate latitude 43° 40' 33", longitude 72° 02' 35", in the town of Canaan.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officer, the board of health, and the board of water commissioners of the town of Canaan and their duly authorized agents may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Canaan Street Lake watershed described in (b) above shall be as follows:

(1) A person shall not build, continue, or maintain a building or structure of any kind in which animals or fowl are kept within 75 feet of Canaan Street Lake or within 75 feet of any inlet thereof or tributary thereto;

(2) A person shall not permit wastes or waters that have been used for washing or cleansing materials, persons, or food, to run into said lake or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish, or parts thereof, food, perishable or decayable material, manure, or human wastes into said lake or any inlet thereof or tributary thereto, or allow any such materials to remain within 75 feet of said lake or any inlet thereof or tributary thereto;

(4) A person shall not throw any sawdust or allow any sawdust to fall into said lake or any inlet thereof or tributary thereto;

(5) A person shall not trespass, boat, bathe, swim, fish, or conduct any activity whatever, whether of recreational, occupational, or other nature, in the waters or on the ice of Canaan Street Lake, south of a line about 1,200 feet northwest of the lake’s southern most part, beginning at a point on the westerly shore at the center line of the road which exists adjacent to the present property line between the properties identified on tax map I-D as lots 38B and 39D, and extending across said lake to the stone jetty on the easterly shore on the property identified on tax map I-D as lot 56-1. The 2 extremities of such a line shall be properly marked by the local water works authority so that they can be readily identified and observed by the general public; and

(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said lake or any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above.

(h) The town of Canaan shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Canaan Street Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.11 Protection of the Purity of Whitewater Brook, Rice Reservoir, and Dole Reservoir and Their Watersheds

(a) The purpose of this section is to protect the purity of the water of Whitewater Brook and reservoir, Rice Reservoir and watershed, and Dole Reservoir and watershed, which are principal drinking water supplies for the city of Claremont.

(b) This section shall apply within:

(1) The Whitewater Brook watershed above the Whitewater dam, which is located at approximate latitude 43° 25' 24", longitude 72° 18' 42", in the city of Claremont and towns of Cornish and Croydon;

(2) The Rice Reservoir watershed above the Rice dam, which is located at approximate latitude 43° 25' 08", longitude 72° 19' 42", in the city of Claremont; and

(3) The Dole Reservoir watershed above the Dole dam, which is located at approximate latitude 43° 23' 21", longitude 72° 19' 56", in the city of Claremont.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the city of Claremont and the towns of Cornish and Croydon and their duly authorized agents, and the board of water commissioners of the city of Claremont and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Whitewater Brook, Rice Reservoir, and Dole Reservoir watersheds described in (b), above shall be as follows:

(1) A person shall not build, continue, or maintain a structure of any kind in which animals or fowl are kept within 75 feet of said brook or reservoirs or any inlet thereof or tributary thereto;

(2) A person shall not allow wastes or waters that have been used for washing or cleansing materials, persons, or food to run into said brook or reservoirs or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said brook or reservoirs or into any inlet thereof or tributary thereto, or leave or allow such materials to remain on the surface of the ground within 75 feet of said brook or reservoirs or any inlet thereof or tributary thereto;

(4) A person shall not throw any sawdust or allow any sawdust to fall into said brook or reservoirs or any inlet thereof or tributary thereto;

(5) A person shall not trespass, boat, bathe, swim, fish, or carry on any activity whatever, whether of recreational, occupational, or other nature, in the waters or on the ice of Whitewater Brook Reservoir and Intake Reservoir located on Whitewater Brook; and

(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said brook or reservoirs or any inlet thereof or tributary thereto, any matter, waste or materials such as are described in (2), (3), and (4) above.

(h) The city of Claremont shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Whitewater Brook, Rice Reservoir, or Dole Reservoir or their watersheds or tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.12 Protection of the Purity of Penacook Lake and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Penacook Lake, which is a principal drinking water supply for the city of Concord.

(b) This section shall apply within the Penacook Lake watershed above the outlet dam that is at approximately latitude 43° 14' 36", longitude 71° 34' 41", in the city of Concord.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officer, the board of health, and the board of water commissioners of the city of Concord and their duly authorized agents may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Penacook Pond watershed described in (b) above shall be as follows:

(1) A person shall not build, continue, or maintain any cesspool, privy, or other place for the reception, deposit, or storage of human excrement, any urinal or water-closet not discharging into a sewer, any pig-pen, stable, or other building or structure in which horses, cattle, swine, other animals, or fowls are kept within 200 feet of the high water mark of Penacook Lake, meaning to include that part of the lake sometimes called Forge Pond, or any inlet thereof or tributary thereto except upon the approval of the department in accordance with Env-Dw 902.05;

(2) A person shall not locate, construct, build, or maintain any stable, building, or other place as above enumerated within 200 feet of the high water mark of Penacook Lake or any open water flowing as aforesaid into said lake unless suitable or adequate provisions is made to prevent manure or other polluting matter from flowing or being washed into said lake or such open water;

(3) A person shall not run sink drainage, urine, or water that has been used for washing or cleansing persons or materials into said lake or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 200 feet of any tributary thereto;

(4) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said lake or any inlet thereof or tributary thereto, or leave or allow any such materials to remain within 200 feet of the high water mark of said lake or any inlet thereof or tributary thereto;

(5) A person shall not allow any human excrement to be kept in, deposited, or discharged into any cesspool, privy, or other receptacle situated within 200 feet of the high water mark of said lake or any open waters which flow directly or ultimately into said lake;

(6) A person shall not throw sawdust, or allow sawdust to fall into said lake or any inlet thereof or tributary thereto;

(7) A person shall not bathe or swim in said lake, nor shall any person build, continue, or maintain any swimming pool, or other contrivance of any nature for public or private bathing whose waters do not discharge into a sewer or cesspool constructed as approved or required by the board of health of the city of Concord, within 200 feet of the high water mark of said lake;

(8) A person shall not throw, or allow to remain upon the ice of the water of said lake or any inlet thereof or tributary thereto, any matter, waste, or materials described in (3), (4), (5), and (6), above;

(9) A person shall not drive, guide, or speed any cattle, horses, or other animals used for teaming, driving, or speeding upon the ice of said lake;

(10) A person shall not construct or maintain a system of sewers or other works for the collection, conveyance, disposal, or purification of sewage or drainage, or any other putrescible matter whatsoever, except in accordance with plans first approved in writing by the department pursuant to RSA 485-A, at any place within the drainage area of said lake. A person shall not construct or maintain any private or separate sewer having an outlet upon or into the ground within 200 feet of the high water mark of any reservoir, lake, pond, stream, ditch, watercourse, or other open waters, the water of which flows or drains into said lake;

(11) A person shall not locate or construct a public or private hospital, or other place intended for the reception or treatment of the sick, at any place within the drainage area of said lake, until the location or construction thereof has been approved in writing by the department in accordance with Env-Dw 902.05;

(12) A person shall not permit any sewage, garbage, manure, or putrescent matter, whatsoever, in any place or locality from which the seepage, drainage, or runoff may endanger the purity of the water of the said lake or its tributaries; and

(13) A person shall not permit the condition or practice of whatever kind that may endanger the purity of the waters of said lake or its tributaries.

(h) The city of Concord shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Penacook Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.13 Protection of the Purity of Whittle Brook and Goffstown Reservoir and Their Watershed

(a) The purpose of this section is to protect the purity of the water of Whittle Brook and Goffstown Reservoir, which constitute the principal drinking water supply for the Goffstown Village Precinct.

(b) This section shall apply within the Whittle Brook watershed above the dam that is located at approximate latitude 42° 59' 47", longitude 71° 35' 44", in the town of Goffstown.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officer and the board of health of the town of Goffstown and their duly authorized agents, and the board of water commissioners of the Goffstown Village Precinct and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Whittle Brook and Goffstown Reservoir watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any privy, pig-pen, stable, or other building or structures in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of said brook or reservoir or any inlet thereof or tributary thereto;

(2) A person shall not run sink water, urine, or water that has been used for washing or cleansing materials, persons, or food, into said brook or reservoir or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said brook or reservoir or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said brook or reservoir or any inlet thereof or tributary thereto, or leave or allow any such materials to remain within 75 feet of the high water mark of said brook or reservoir or any inlet thereof or tributary thereto;

(4) A person shall not deposit or allow to fall into said brook or reservoir or any inlet thereof or tributary thereto, or upon their banks so near as to be reachable by high water, any sawdust, shavings, apple pomace, or waste from mills or factories;

(5) A person shall not bathe in said brook or reservoir;

(6) A person shall not fish on said brook or reservoir;

(7) A person shall not allow any of the structures or conditions described in (2), (3), and (4) above, beyond the minimum limit of 75 feet, if the purity of the water shall thereby be deemed by the department in accordance with Env-Dw 902.04 to be endangered;

(8) A person shall not allow any matter, waste, or materials such as are described in (2), (3), and (4) above to be thrown, deposited, or allowed to remain upon the ice of the waters of said brook or reservoir or any inlet thereof or tributary thereto; and

(9) A person shall not use a seaplane on said brook or reservoir.

(h) The Goffstown Village Precinct shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Whittle brook or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.14 Protection of the Purity of Tobey Reservoir and Its Watershed

(a) The purpose of this section is to protect the purity of the water of the Tobey Reservoir, which is the principal drinking water supply for the town of Greenville.

(b) This section shall apply within the Tobey Reservoir watershed above the dam located at approximate latitude 42° 48' 08", longitude 71° 50' 13", in the towns of:

(1) New Ipswich; and

(2) Temple.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of New Ipswich and Temple and their duly authorized agents, and the board of water commissioners of the town of Greenville and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(f) Any deviations from this section shall be by written consent of the department in accordance with Env-Dw 902.05. The provisions of this section shall not apply to employees of the board of water commissioners engaged in the performance of necessary duties for the protection and control of said reservoir nor shall said restrictions apply to employees of New Hampshire’s fish and game department engaged in the removal of stock fish from the reservoir under conditions approved by that agency.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Tobey Reservoir watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any structure of any kind in which animals or fowls are kept within 75 feet of Tobey Reservoir or any inlet thereof or tributary thereto, except in such cases as the local board of health may allow and upon the approval of the department in accordance with Env-Dw 902.05, and under such rules as it may require;

(2) A person shall not discharge sewage or other waste as defined in RSA 485-A:2, X, treated or otherwise, into said reservoir or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit dead animals or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said reservoir or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of the ground within 75 feet of said reservoir or any inlet thereof or tributary thereto;

(4) A person shall be prohibited from all activity, including swimming, bathing, and boating, whether of recreational, occupational, or other nature, in or on the waters of said reservoir and its tributaries;

(5) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said reservoir or upon the ice of any inlet thereof or tributary thereto, any sewage or other waste as defined in RSA 485-A:2; and

(6) A person shall not use a seaplane on any portion of the said reservoir.

(h) The town of Greenville shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access the Tobey Reservoir or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.15 Protection of the Purity of Camp Brook Including the Upper and Lower Hanover Reservoirs and Hanover Center Reservoir and Their Watersheds

(a) The purpose of this section is to protect the purity of the water of Camp Brook, the Upper and Lower Hanover Reservoir and Hanover Center Reservoir, which constitute the principal drinking water supply for the town of Hanover.

(b) This section shall apply within:

(1) The Camp Brook watershed above the dam that is located at approximate latitude 43° 43' 11", longitude 72° 14' 57", in the town of Hanover; and

(2) The Hanover Center watershed above the dam that is located at approximate latitude 43° 42' 53", longitude 72° 14' 15", in the town of Hanover.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officer and the board of health of the town of Hanover and their duly authorized agents may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(f) Any deviations from this section shall be by written consent of the department in accordance with Env-Dw 902.05. The provisions of this section shall not apply to members of the board of selectmen engaged in the performance of necessary duties for the protection and control of said brook and reservoirs.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Camp Brook, Upper and Lower Hanover Reservoirs, and Hanover Center Reservoir watersheds described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any building or structure of any kind in which animals or fowls are kept, within 75 feet of Camp Brook, the Upper and Lower Hanover Reservoirs, and the Hanover Center Reservoir in the town of Hanover or within 75 feet of any inlet thereto, or within 75 feet of any tributary to said brook or reservoirs;

(2) A person shall not run any sewage, wastes, or waters that have been used for washing or cleansing materials, persons, or food into said reservoirs or brook or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said reservoirs or brook or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of ground within 75 feet of said reservoirs or brook or any inlet thereof or tributary thereto;

(4) A person shall not throw any sawdust or allow any sawdust to fall, into said reservoirs or brook or any inlet thereof or tributary thereto;

(5) A person shall not boat, bathe, swim, fish, or conduct on any activity of a recreational, occupational, or other nature, in the waters or on the ice of Camp Brook, the Upper and Lower Hanover Reservoirs, or the Hanover Center Reservoir, or tributaries thereto; and

(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said reservoirs or brook or any inlet thereof or tributary thereto upstream of the water works intake, any matter, waste, or materials such as are described in (2), (3), and (4) above.

(h) The town of Hanover shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Camp Brook, the Upper and Lower Hanover Reservoirs, and the Hanover Center Reservoir or their tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.16 Protection of the Purity of Loon Lake and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Loon Lake, which is the principal drinking water supply for the town of Hillsborough.

(b) This section shall apply within the Loon Lake watershed above the dam that is located at approximate latitude 43° 09' 07", longitude 71° 56' 39", in the town of Hillsborough.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officer, the board of health, and the board of water commissioners of the town of Hillsborough and their duly authorized agents may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Loon Lake watershed described in (b), above, shall be as follows:

(1) A person shall not build, continue, or maintain any privy, pig-pen, stable, or other building or structure in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of Loon Lake or any inlet thereto or tributary thereof;

(2) A person shall not run any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food, into said lake or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said lake or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said lake or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the ground surface within 75 feet of the high water mark of said lake or any inlet thereof or tributary thereto;

(4) A person shall not bathe in Loon Lake within 1/4 mile of the point where water is taken for public supply, or elsewhere in said lake, provided notice to that effect is issued by the board of water commissioners or the board of health;

(5) A person shall not deposit any sewage on the surface of the ground, allow any cesspool or privy vault to overflow, or allow any of the things, materials, or conditions mentioned in (1)-(4) above, nor anything else that might endanger the purity of said water supply, whatever may be their distance from said lake, in such locality or manner as in the opinion of the board of health or of the board of water commissioners, would be liable to contaminate the water of the said lake, in accordance with Env-Dw 902.04; and

(6) A person shall not use a seaplane on Loon Lake.

(h) The town of Hillsborough shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Loon Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.17 Protection of the Purity of Bear Pond and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Bear Pond, which is the principal drinking water supply for the Contoocook Village Precinct in the town of Hopkinton.

(b) This section shall apply within the Bear Pond watershed above the dam that is located at approximate latitude 43° 13' 52", longitude 71° 48' 02", in the town of Warner.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officer and the board of health of the town of Warner and their duly authorized agents, and the board of water commissioners of the Contoocook Village Precinct and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(f) Any deviations from this section shall be by written consent of the department, in accordance with Env-Dw 902.05. The provisions of this section shall not apply to employees of the board of water commissioners engaged in the performance of necessary duties for the protection and control of said pond.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Bear Pond watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any building or structure of any kind in which animals or fowl are kept within 75 feet of Bear Pond or within 75 feet of any inlet thereof or tributary thereto;

(2) A person shall not permit any wastes or water that has been used for washing or cleansing materials, persons, food, to run into said pond or any inlet thereof or tributary thereto;

(3) A person shall not throw into or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes in said pond or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of the ground within 75 feet of said pond or any inlet thereof or tributary thereto;

(4) A person shall not throw any sawdust, or allow any sawdust to fall, into said pond or any inlet thereof or tributary thereto;

(5) A person shall not trespass, bathe, boat, fish, or conduct any activity whatever, whether of a recreational, occupational, or other nature, in or on the water of Bear Pond or any inlet thereof or tributary thereto;

(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said pond or of any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above; and

(7) A person shall not use a seaplane on Bear Pond.

(h) The Contoocook Village Precinct shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Bear Pond or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.18 Protection of the Purity of Woodward Pond, Roaring Brook, Babbidge Reservoir and Their Watershed

(a) The purpose of this section is to protect the purity of the water of Woodward Pond, Roaring Brook, and Babbidge Reservoir, which constitute the principal drinking water supply for the city of Keene.

(b) This section shall apply within the Woodward Pond, Roaring Brook, and Babbidge Reservoir watershed above the dam that is located at approximate latitude 42° 56' 02", longitude 72° 13' 15", in the towns of:

(1) Harrisville;

(2) Marlborough;

(3) Nelson; and

(4) Roxbury.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Harrisville, Marlborough, Nelson, and Roxbury and their duly authorized agents, and the city council of the city of Keene and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(f) Any deviations from this section shall be by written consent of the department, in accordance with Env-Dw 902.05. The provisions of this section shall not apply to employees of the city of Keene engaged in the performance of necessary duties for the protection and control of said waters.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Woodward Pond, Roaring Brook, and Babbidge Reservoir watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any buildings or structures of any kind in which humans reside or in which animals or fowl are kept within 75 feet of the high water mark of Woodward Pond, Roaring Brook, or Babbidge Reservoir or any inlet thereof or tributary thereto;

(2) A person shall not allow any wastes or water that has been used for washing or cleansing of materials, persons, or food to run into said pond, brook, or reservoir or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said pond, brook, or reservoir or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of the ground where there is any likelihood of wash or contamination therefrom reaching said pond, brook or reservoir or any inlet thereof or tributary thereto;

(4) A person shall not throw any sawdust, or allow any sawdust to fall, into said pond, brook, or reservoir or any inlet thereof or tributary thereto;

(5) A person shall not boat, bathe, swim, trap, fish, hunt, camp, park trailers, or carry on any activity of a recreational or other nature, including but not limited to lumber operations, in or near the waters of said pond, brook, or reservoir and above the reservoir dams, any tributary thereto; and

(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said pond, brook, or reservoir or any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above.

(h) The city of Keene shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Woodward Pond, Roaring Brook, Babbidge Reservoir and their tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.19 Protection of the Purity of Lake Winnipesaukee and Paugus Bay

(a) The purpose of this section is to protect the purity of the water of Lake Winnipesaukee and Paugus Bay, which constitute the principal drinking water supply for the city of Laconia.

(b) This section shall apply as specified in (g) and (h), below.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officer, the board of health, and the board of water commissioners of the city of Laconia and their duly authorized agents as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) A person shall not discharge any sewage, industrial waste, or other wastes, as defined in RSA 485-A:2, into the waters, upon the ice, or upon the shores of Lake Winnipesaukee or Paugus Bay except by written permission of the department pursuant to RSA 485-A and then only in accordance with such terms and conditions as may be prescribed by the department.

(h) The prohibitions specified in (i) below shall apply within the area of Paugus Bay starting at a point on the eastern shore of Paugus Bay, where the northern point of the property identified on tax map 349, street/block 220, lot 1 abuts the southerly end of the property identified on tax map 346, street/block 220, lot 1, specifically where the granite post resides in Paugus Bay; thence running in a westerly direction toward a bound on the westerly side of Paugus Bay at a point where the State of New Hampshire railroad bridge meets the shore identified on tax map 345, street/block 195, lot 39; thence running northerly along the shore to a point on the westerly side of Paugus Bay known as Cass' Point, identified on tax map 328, street/block 6, lot 22, specifically, where the 4-foot x 8-foot sign, installed by the Laconia water works, reads: "RESTRICTED AREA - WATER SUPPLY", thence running in an easterly direction in an imaginary line across Paugus Bay to a point where the southerly end of the property identified on tax map 324, street/block 220, lot 3 abuts the northern point of the property identified on tax map 324, street/block 220, lot 2, marked by a rebar in the water; then running in a southerly direction along the shore of Paugus Bay to the point of beginning.

(i) Within the area described in (h) above, a person shall not:

(1) Wash boats, bathe, swim, water ski, or have any body contact with the water;

(2) Construct any docking facilities for boats or buildings along the shore, except with a specific permit of the Laconia water works and appropriate state agencies; or

(3) Fish from a bob house located upon the ice of Paugus Bay.

(j) The area described in (h) above, shall be used for navigational purposes only.

(k) The city of Laconia shall post a summary of the prohibitions contained in (g), (i), and (j) above, at all locations where persons might reasonably be expected to access Paugus Bay or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.20 Protection of the Purity of Garland Brook and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Garland Brook, which is the principal drinking water supply for the town of Lancaster.

(b) This section shall apply within the Garland Brook watershed above the dam that is located at approximate latitude 44° 28' 6 ", longitude 71° 27' 47", in the towns of:

(1) Jefferson;

(2) Kilkenney; and

(3) Lancaster.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers of the towns of Jefferson, Kilkenney, and Lancaster and their duly authorized agents, and the board of water commissioners of the town of Lancaster and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Garland Brook watershed described in (b) above, shall be as follows:

(2) A person shall not run any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food into said brook or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said brook or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said brook or any inlet thereof or tributary thereto, or leave or allow any such materials to remain within 75 feet of the high water mark of said brook or any inlet thereof or tributary thereto;

(4) A person shall not deposit any sawdust, shavings, apple pomace, or waste from mills or factories, or allow any such wastes to fall into, said brook or any inlet thereof or tributary thereto, or upon their banks so near as to be reachable by the high water level;

(5) A person shall not bathe in said brook;

(6) A person shall not fish on or in said brook;

(7) A person shall not permit any of the structures or conditions described in (1), (2), (3), and (4) above, beyond the minimum limit of 75 feet, if the purity of the water thereby shall be deemed by the department in accordance with Env-Dw 902.04 to be endangered;

(8) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said brook or any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4), above; and

(9) A person shall not use any seaplanes on the Garland Brook watershed.

(h) The town of Lancaster shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Garland Brook or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.21 Protection of the Purity of the Water of the North Branch of the Gale River

(a) The purpose of this section is to protect the purity of the water of the North Branch of the Gale River, the principal drinking water supply for the town of Littleton and a portion of the town of Bethlehem.

(b) This section shall apply within the North Branch of the Gale River watershed above the North Branch dam, which is located at approximate latitude 44° 14' 17", longitude 71° 37' 13", in the town of Bethlehem.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) Land within the North Branch of the Gale River watershed which is within the U.S. National Forest system shall be subject to the terms of the “Memorandum of Understanding” originally dated May 6, 1993 entered into by the U.S. Department of Agriculture, Forest Service, and Littleton Water and Light.

(e) In addition to any prohibitions adopted by local ordinance, the prohibitions and restrictions for the North Branch of the Gale River watershed shall be as follows:

(1) A person shall not place, leave, or cause to be placed or left, in or within 200 feet of the North Branch of the Gale River or adjacent wetlands, any substance or fluid that may cause the water thereof to become impure or unfit for domestic supply;

(2) A person shall not deposit any human waste or manure or other animal waste on the water, ice, or land adjacent to the North Branch of the Gale River or adjacent wetlands;

(3) A person shall not swim, wade, or engage in similar water contact activities above the intake of the North Branch of the Gale River on land owned by the town of Littleton;

(4) A person shall not leave any garbage, refuse, or trash of any kind brought from home, camp, or place of business on town-owned property within the area described in (b) above;

(5) A person shall not break bottles or deposit any refuse or wastes of any description into the North Branch of the Gale River or adjacent wetlands;

(6) A person shall kindle or maintain only charcoal fires or portable propane grills within 75 feet of the Gale River or adjacent wetlands;

(7) A person shall keep dogs and other pets on a leash while adjacent to the shoreline, shall not leave pets unattended, and shall not permit pets in the water within the area described in (b) above;

(8) A person shall not ride horseback along the shoreline within the area described in (b) above;

(9) Within the area described in (b), above, a person shall park motor vehicles only in designated parking areas; and

(10) A person shall not use highway motor vehicles on the waters or ice of the North Branch of the Gale River or adjacent wetlands.

(f) A complete set of the North Branch of the Gale River or adjacent wetland rules shall be available and on file at the Littleton Water and Light office in Littleton.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.22 Protection of Water Sources

RESERVED

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14

N.H. Code Admin. R. Ann. Env-Dw 902.23 Protection of the Purity of the Water of Lake Massabesic and Its Tributaries

(a) The purpose of this section is to protect the purity of the water of Lake Massabesic, which is the principal drinking water supply for the city of Manchester and portions of the towns of:

(1) Atkinson

(2) Auburn;

(3) Bedford:

(4) Derry;

(5) Goffstown;

(6) Hampstead;

(7) Hooksett;

(8) Litchfield;

(9) Londonderry;

(10) Manchester;

(11) Plaistow;

(12) Salem; and

(13) Windham.

(b) This section shall apply within the Lake Massabesic watershed which lies above the Massabesic dam, located at approximate latitude 42° 57' 48", longitude 71° 23' 43, in the following municipalities:

(1) Auburn;

(2) Candia;

(3) Chester;

(4) Hooksett; and

(5) Manchester.

(1) “Board of water commissioners” means the governing body of the Manchester water works;

(2) “Motor vehicle” means “motor vehicle” as defined in RSA 259:60;

(3) “Off highway recreational vehicle (OHRV)” means “off highway recreational vehicle”, as defined in RSA 215-A:1, VI;

(4) “Person” means “person” as defined in RSA 485-A:2, IX; and

(5) “Snowmobile” means “snowmobile” as defined in RSA 215-A:1, XIII.

(d) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

(e) In accordance with RSA 485:24, the health officers and the boards of health of the city of Manchester and the towns of Auburn, Candia, Chester, and Hooksett and their duly authorized agents, and the board of water commissioners and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(f) Under RSA 485:24, II, the board of water commissioners and its representatives may enter at reasonable times any land or property within the Lake Massabesic watershed for the purpose of investigating watershed sanitation and other sources of potential water contamination.

(g) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(h) Waivers and exemptions to this section shall apply as follows:

(1) Any person may request from the department a waiver from the provisions of this section in accordance with Env-Dw 902.05; and

(2) Employees of the board of water commissioners engaged in the performance of necessary duties for the protection and control of Lake Massabesic, its tributaries, and its watershed shall be exempt from the provisions of this section.

(i) The Manchester Water Works shall post a summary of the information contained in (d) above, and the prohibitions and restrictions contained in (l), (m), (o) through (q), (s), and (t), below, in locations where persons might reasonably be expected to access Manchester Water Works’ property or Lake Massabesic or its tributaries. The posted summary may also contain any other prohibitions contained in this section and any prohibitions or restrictions enacted by local ordinance.

(j) Within 200 feet of Lake Massabesic or any pond, reservoir, or stream tributary thereto, a person shall not build any privy, pigpen, stable, or other buildings or structures in which horses, cattle, swine, or other animals or fowl are kept.

(k) Within 200 feet of Lake Massabesic or Tower Hill Pond, the following provisions shall apply:

(1) A person shall not build any privy, toilet, sink drain, or subsurface septic disposal system or allow any discharges therefrom, except as provided by (2), below;

(2) Existing properly functioning septic systems may remain in place; and

(3) If failure of an existing septic system occurs, the owner shall repair or replace said system in accordance with Env-Wq 1003.10.

(l) With the exception of operating an outboard motor, on or within 200 feet of the waters or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto, a person shall not:

(1) Deposit any dead animal or parts thereof, food, perishable or decayable material, kitchen waste, swill, garbage, or human waste;

(2) Deposit any hazardous waste, as defined in RSA 147-A:2, VII, such as solid, semi-solid, liquid, or contained gaseous waste, or any combination of wastes which possess a threat to human health or the environment;

(3) Deposit solid waste such as refuse, appliances, auto parts, tires, tree stumps, or similar waste; or

(4) Deposit manure, fertilizer, or chemical waste such as gasoline, paint, or similar waste.

(m) On or within the water or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto the following prohibitions and restrictions shall apply:

(1) A person shall not bathe, wade, swim, water ski, or perform any similar water contact activity;

(2) A person shall not use a sunfish, sailfish, sail board, ski craft as defined in RSA 270:73, V, or other craft which in the judgment of the board of water commissioners or its representatives makes extensive bodily contact with the water unavoidable;

(3) A person shall not discharge from or off a vessel, cruiser, boat, houseboat, wharf, or from a structure of any kind or any tank or receptacle thereon or therein contained, any excrement, urine, or waste;

(4) All boats or structures of any kind that are equipped with toilet, lavatory, or other sewage or waste producing fixtures shall be provided with water-tight tanks or receptacles for the reception and temporary storage of such wastes;

(5) The aforementioned tanks or receptacles shall be maintained as required in RSA 487:2 and the contents thereof shall be disposed of in a municipal sewage system or to any adequate sewage disposal system on shore;

(6) A person shall not tie, beach, or ground an occupied vessel, cruiser, boat, houseboat, bob-house, or structure of any kind to the water or ice, or tie to the shore for an overnight period or any part of an overnight period, except as permitted by Manchester Water Works pursuant to (t)(4) or (t)(5), below;

(7) An unoccupied vessel, cruiser, boat, houseboat, or structure of any kind may be anchored or grounded to said waters or ice only by permission of the board of water commissioners pursuant to (t)(4) or (t)(5), below or land owner, lessee, or person otherwise in control of such location;

(8) A person shall not cut or take ice therefrom except by permission and under the direction of the board of water commissioners as provided for in RSA 485:54; and

(9) A person shall not use any aircraft.

(n) In the Lake Massabesic watershed, the following prohibitions or restrictions shall apply:

(1) A person shall conduct all pesticide applications in strict accordance with the rules of the New Hampshire pesticide control board adopted pursuant to RSA 430;

(2) A person shall conduct all forestry or timber harvesting activities in strict accordance with state of New Hampshire laws including RSA 227-J and in consultation with the Manchester Water Works forester, and

(3) A person shall handle any agricultural compost, chemical fertilizer, or manure, as defined in RSA 431:33, in accordance with best management practices published by the New Hampshire department of agriculture, markets, and food in accordance with RSA 431:34.

(o) In or on Manchester Water Works’ property or the waters or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto, the following prohibitions or restrictions shall apply:

(1) A person shall not operate an all-terrain vehicle or other OHRV other than a snowmobile, and then only in non-restricted areas at the operator’s own risk; and

(2) A person shall not break bottles or throw trash of any description.

(p) The following areas shall be closed to all human activity:

(1) The Back or West Pond of Lake Massabesic north and west of the following described line beginning at Fire Point, then due west to the Hillsborough-Rockingham county line, then southerly by the said line, crossing Birch Island to the mainland as marked by floats and signs; and

(2) The outlet of Lake Massabesic from the outlet dam downstream to and including Mill Pond at Island Pond Road and the canal carrying the water to the pumping station.

(q) On Manchester Water Works’ property the following prohibitions and restrictions shall apply:

(1) A person shall not enter upon or remain between the hours of 8:00 p.m. and 8:00 a.m.;

(2) A person shall not place in or adjacent to Manchester Water Works’ waste containers any garbage, refuse, or trash of any kind brought from home, camp, or place of business;

(3) A person shall only use self-contained charcoal type fires, as opposed to open flame fires and then only in the designated public picnic area adjacent to the Route 28 Bypass;

(4) Any vehicle obstructing an emergency access gate shall be subject to towing at owner’s expense;

(5) A person shall not enter restricted areas that have been posted “NO TRESPASSING”; and

(6) A person shall obey in matters governed by this section, all lawful requests made by representatives of the board of water commissioners.

(r) Within 300 feet of the waters or ice of Lake Massabesic or any pond, reservoir, or stream tributary thereto, a person shall not allow the following as they relate to new or modified construction other than repair or replacement in kind:

(1) Store liquid petroleum products, except for normal residential use and heating fuels for on-premise use;

(2) Store road salt or de-icing chemicals, except for incidental residential use;

(3) Service, wash, or repair boats or motor vehicles, except for emergency repairs;

(4) Operate a junk yard as defined in RSA 236:112, I, or a machinery junk yard as defined in RSA 236:112, III;

(5) Render impervious more than 10 percent of any lot or 2500 square feet on any one lot, whichever is greater;

(6) Allow or cause to be discharged to the surface or to groundwater any stormwater that has not been treated by permanent methods for protecting water quality described in the rules adopted to implement RSA 485-A:17;

(7) Store fertilizers, manure, or compost except in compliance with best management practices as determined by the department of agriculture, markets and food; or

(8) Store herbicides or pesticides in areas not protected from the elements by a roof except where subject to rules adopted by the department of agriculture, markets and food, division of pesticide control.

(s) In or on property owned by Manchester Water Works or the water or ice of Lake Massabesic the following prohibitions or restrictions shall apply:

(1) A person shall not tent or camp or use overnight trailers, campers, or houseboats;

(2) The following provisions shall apply to dogs and other pets:

a. A person shall control by leash all such pets;

b. A person shall not leave such pets unattended;

c. A person shall not permit such pets in the water or on the beach; and

d. Pet owners shall be required to pick up and properly dispose of their pets’ waste;

(3) A person shall not remove, damage, or deface any structure, sign, plant, tree, or natural feature; and

(4) A person shall not feed ducks, geese, seagulls, or other waterfowl.

(t) In or on the water or ice of Lake Massabesic the following prohibitions or restrictions shall apply:

(1) A person shall not operate a motor vehicle other than a snowmobile;

(2) A person shall not race power boats or snowmobiles;

(3) A person shall not operate any power boat or snowmobile at a rate of speed in excess of 35 miles per hour;

(4) A person shall not place moorings without a mooring permit issued by the Manchester Water Works;

(5) A person shall not place a dock in Lake Massabesic without a dock permit issued by the department and Manchester Water Works; and

(6) The following provisions shall apply to boats and trailers:

a. A person shall not allow a boat to remain moored after November 30th of each year;

b. Manchester Water Works may remove any boat moored after November 30th of each year at the owner’s expense;

c. A person shall remove and properly dispose of all milfoil or other exotic aquatic plants from a boat, canoe, kayak, trailer or watercraft motor before launching and after removing from the water; and

d. A person shall not enter areas marked “Restricted Use Area” so designated in cooperation with the department pursuant to RSA 487:17, II(d) to avoid the spread of invasive aquatic vegetation.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.24 Protection of the Purity of the Water of Lake Waukewan and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Lake Waukewan, which is the principal drinking water supply for the town of Meredith.

(b) This rule shall apply within the Lake Waukewan watershed above the Lake Waukewan dam, which is located at approximate latitude 43° 39' 26", longitude 71° 30' 02", in the towns of:

(1) Ashland;

(2) Center Harbor;

(3) Holderness;

(4) Meredith; and

(5) New Hampton.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Ashland, Center Harbor, Holderness, Meredith, and New Hampton and their duly authorized agents, and the board of selectmen of the town of Meredith and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(f) Any deviations from this section shall be by written consent of the department, in accordance with Env-Dw 902.05. The provisions of this section shall not apply to employees of the town of Meredith engaged in the performance of necessary duties for the protection and control of said lake.

(g) Grandfathering of existing land uses shall be subject to the following:

(1) Existing uses as of June 14, 1993 may be continued by the landowner, subject to any other rules which may limit the continuance of an existing use;

(2) If a change in use, including but not limited to a change from seasonal to year round use of property or structures, higher intensity of use of campsites, or the addition of domestic farm animals, occurs or expansion of an existing use is proposed, the rule requirements shall be met;

(3) Discontinuance of a grandfathered use for 2 consecutive years shall result in termination of any and all grandfathered rights; and

(4) The intent of these rules, to improve and maintain protection of Lake Waukewan, shall be considered at all times.

(h) In addition to any prohibitions adopted by local ordinance, the prohibitions and restrictions that apply in the Lake Waukewan watershed described in (b) above, shall be as follows:

(1) A person shall not build or maintain any pigpen, stable, or other building or structure in which horses, cattle, swine, or other animals or fowl are kept within 200 feet of Lake Waukewan or adjacent wetlands;

(2) A person shall not build or maintain any privy, toilet, sink drain, or subsurface septic disposal system or discharges therefrom, within 125 feet of Lake Waukewan. Existing properly functioning septic systems within 125 feet of the shoreline may remain in place. If failure occurs, the repair or replacement system shall be in accordance with Env-Wq 1003.10;

(3) A person shall not deposit any dead animals or parts thereof, food, perishable or decayable material, kitchen waste, swill, garbage, manure, or human wastes into or upon said water or ice, or place any such materials in, upon, or within 200 feet of the waters or ice of Lake Waukewan or adjacent wetlands;

(4) A person shall prepare and follow an animal waste management plan to be approved by the Belknap County Conservation District if any one property within 200 feet of Lake Waukewan or adjacent wetlands has more than 5 adult livestock, 10 immature livestock, or 50 poultry;

(5) A person shall not place any hazardous waste, as defined in RSA 147-A, VII, such as solid, semi-solid, liquid, or contained gaseous waste, or any combination of wastes which pose a threat to human health or the environment in or within 200 feet of the water or ice of Lake Waukewan or adjacent wetlands. State of New Hampshire hazardous waste laws shall be strictly enforced;

(6) A person shall not place any solid waste, as defined in RSA 149-M:4, XXII, in, upon, or within 200 feet of the water or ice of Lake Waukewan or any adjacent wetlands;

(7) A person shall not place any chemical waste, such as, but not limited to gasoline, paint, fertilizer or similar waste in, upon, or within 200 feet of the water or ice of Lake Waukewan or adjacent wetlands;

(8) A person shall conduct all pesticide applications made on land areas which contribute surface water runoff either directly to Lake Waukewan or indirectly by running into adjacent wetlands, in strict accordance with the rules of the New Hampshire pesticide control board adopted pursuant to RSA 430;

(9) A person shall not apply fertilizer, manure, or compost on land areas which contribute surface water runoff either directly or ultimately to Lake Waukewan or adjacent wetlands, other than in strict conformance with Manual of Best Management Practices for Agriculture in New Hampshire, revised July 2017, available at https://www.agriculture.nh.gov/publications-forms/documents/bmp-manual.pdf, as noted in Appendix B;

(10) A person shall perform all forestry or timber harvesting activities conducted within the Lake Waukewan watershed in strict compliance with state of New Hampshire rules adopted under RSA 227-J;

(11) A person shall not wade, swim, water ski or perform any similar water contact activities, within 400 feet of the intake of the Meredith water department;

(12) A person shall not discharge from a vessel, cruiser, boat, houseboat, wharf, or a structure of any kind, whether on or in the water or on the ice, or any tank or receptacle thereon or therein contained, any excrement, urine, or any waste, nor shall any such waste be left in, on, or within 200 feet of the waters or ice of Lake Waukewan or adjacent wetlands. All boats or structures of any kind used on the water or on the ice that are equipped with toilet, lavatory, or other waste fixtures shall be provided with water-tight tanks for the temporary storage of such wastes. The aforementioned tanks shall be maintained as required by RSA 487 and the contents thereof shall be disposed of into a municipal sewerage system or any approved sewage disposal system on shore;

(13) A person shall not moor, anchor, or otherwise secure any occupied vessel, cruiser, boat, or houseboat of any kind on or to the water or ice, or tied to the shore of Lake Waukewan or adjacent wetlands for an overnight period or any part of an overnight period;

(14) A person, firm, or corporation shall not cut and take ice from Lake Waukewan or adjacent wetlands except by permission of, and under the direction of the appropriate board of selectmen as prescribed in RSA 485:54;

(15) A person shall operate off-highway recreational vehicles on the water or ice of Lake Waukewan or adjacent wetlands or upon any land of the towns within the watershed in strict compliance with the laws of the state of New Hampshire, as described in RSA 215-A. The use of any land belonging to any of the towns within the watershed or any frozen or non-frozen surface of Lake Waukewan or adjacent wetlands by the owner or operator of any OHRV shall be done at the owner’s or operator’s own risk;

(16) A person shall not use highway motor vehicles on the waters or ice of Lake Waukewan or adjacent wetland except by written permission by the board of selectmen of the town where each entrance or exit is to be made;

(17) Nothing in these rules shall be construed to prevent access to Lake Waukewan for fishing purposes, so long as the intent of the rules is observed;

(18) A person shall not place any garbage, refuse, or trash of any kind brought from home, camp, or place of business in or near public waste containers. Refuse resulting from picnicking on or adjacent to the Lake Waukewan or adjacent wetlands shall be deposited in approved containers;

(19) A person shall not break bottles or deposit refuse or wastes of any description into Lake Waukewan or adjacent wetlands;

(20) A person shall kindle or maintain only charcoal fires or portable propane grills within 75 feet of the Lake or adjacent wetlands;

(21) A person shall keep dogs and other pets on a leash while adjacent to the shoreline, shall not leave pets unattended, and shall not permit pets in the water within the area described in (b) above;

(22) A person shall not ride horse-back along the shoreline within the area described in (b) above; and

(23) A person shall not tent, camp, or use recreational vehicles overnight, or use trailers and campers within 125 feet of Lake Waukewan or adjacent wetland.

(i) The town of Meredith shall post a summary of the prohibitions contained in (h), above, at all public access locations where persons might reasonably be expected to access Lake Waukewan or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance. A complete set of these rules shall be available and on file at the Center Harbor, Meredith, and New Hampton town clerk's offices.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.25 Protection of the Purity of Pennichuck Brook and Its Watershed

(a) The purpose of this section is to protect the purity of the water of the Pennichuck Brook pond system, which is the principal drinking water supply source for the city of Nashua and an important water supply source for other municipalities in the region receiving water from the Pennichuck Water Works system.

(b) This section shall apply within the Pennichuck Brook watershed above the Supply Pond dam, which is located at approximate latitude 42° 47' 30", longitude 71° 28' 29", in:

(1) The town of Amherst;

(2) The town of Hollis;

(3) The town of Merrimack;

(4) The town of Milford; and

(5) The city of Nashua.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the city of Nashua and the towns of Amherst, Hollis, Merrimack, and Milford and their duly authorized agents may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Pennichuck Brook watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any privy, pig-pen, stable, or other building or structure in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of any of the above-named waters, or within 75 feet of any inlet thereof or tributary thereto;

(2) A person shall not allow any sink-water, urine, or water that has been used for washing or cleansing materials, persons or food to run into said ponds or brooks or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or onto the surface of any ground within 75 feet of the high water mark of said pond or brook or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said ponds or brook or any inlet thereof or tributary thereto, or leave or allow any such materials to remain within 75 feet of the high water mark of said ponds or brook or any inlet thereof or tributary thereto;

(4) A person shall not construct any of the structures or carry any of the conditions described in (1), (2), or (3) above, even though beyond the minimum of 75 feet, if the purity of the water thereby is endangered as determined by the department in accordance with Env-Dw 902.04;

(5) A person shall not throw any sawdust or other waste from the cutting of timber, or allow any such waste to fall into, said ponds or brook or any inlet thereof or tributary thereto;

(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said ponds or brook or any inlet thereof or tributary thereto, any matter, waste or materials such as are described in (2), (3), and (5) above; and

(7) A person shall not bathe or swim in said ponds or brook.

(h) Pennichuck Water Works shall post a summary of the prohibitions contained in (g), above, at all public access locations where persons might reasonably be expected to access Pennichuck Brook or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.26 Protection of the Purity of Mountain Pond, Gordon Hill Reservoir and Their Watershed

(a) The purpose of this section is to protect the purity of the water of Gordon Hill Reservoir, which is the principal drinking water supply source for the New Hampton Village Precinct.

(b) This section shall apply within the Mountain Pond/Gordon Hill Reservoir watershed above the dam that is located at approximate latitude 43° 35' 55", longitude 71° 38' 21", in the towns of:

(1) Meredith;

(2) New Hampton; and

(3) Sanbornton.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the board of water commissioners of New Hampton Village Precinct and its duly authorized agents, and the health officers and the boards of health of the towns of New Hampton, Meredith and Sanbornton and their duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Mountain Pond and Gordon Hill Reservoir watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any building or structure in which animals or fowl are kept within 75 feet of Mountain Pond, Gordon Hill Reservoir, or the connecting brook between said pond and reservoir, or within 75 feet of any inlet thereof or tributary thereto;

(2) A person shall not allow any wastes or waters that have been used for washing or cleaning materials, persons or food to run into said pond or reservoir or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human waste into said pond or reservoir or any inlet thereof or tributary thereto, or leave or allow any such material to remain on the surface of the ground within 75 feet of said pond or reservoir or any inlet thereof or tributary thereto;

(4) A person shall not throw any sawdust or allow any sawdust to fall into said pond or reservoir or any inlet thereof or tributary thereto;

(5) A person shall not trespass, boat, bathe, swim, fish, or carry on any activity whatever, whether of recreational, occupational, or other nature, in the waters or on the ice of Mountain Pond, Gordon Hill reservoir and the connecting brook between said pond and reservoir; and

(6) A person shall not throw, deposit, or allow to remain upon the ice of said pond or reservoir or upon the ice of any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above.

(h) The New Hampton Village Precinct shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Mountain Pond or Gordon Hill Reservoir or their tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.27 Protection of the Purity of Follett Brook and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Follett Brook, which is a principal drinking water supply for the town of Newmarket.

(b) This section shall apply within the Follett Brook watershed above the dam that is located at approximate latitude 43° 04' 57", longitude 70° 56' 55", in the towns of:

(1) Durham;

(2) Lee; and

(3) Newmarket.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Durham, Lee, and Newmarket and their duly authorized agents, and the board of water commissioners of the town of Newmarket and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Follett Brook watershed described in (b) above, shall be as follows:

(2) A person shall not allow any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food to run into said brook or any tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said brook or any tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said brook or any tributary thereto, or leave or allow any such materials to remain within 75 feet of the high water mark of said brook or any tributary thereto;

(4) A person shall not deposit any sawdust, shavings, apple pomace, or waste from mills or factories, or allow any such wastes to fall into, said brook or any tributary thereto, or upon their banks so near as to be reachable by high water;

(5) A person shall not bathe in said brook;

(6) A person shall not fish in said brook;

(7) A person shall not construct any of the structures or carry out any of the conditions described in (1), (2), (3), and (4) above, beyond the minimum limit of 75 feet, if the purity of the water thereby shall be deemed endangered by the department in accordance with Env-Dw 902.04;

(8) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said brook or any tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above; and

(9) A person shall not use a seaplane on said brook.

(h) The town of Newmarket shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Follett Brook or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.28 Protection of the Purity of the Water of Gilman Pond and Its Watershed in the Town of Unity

(a) The purpose of this section is to protect the purity of the water of Gilman Pond, which is the principal drinking water supply for the town of Newport.

(b) This section shall apply within the Gilman Pond watershed above the dam that is located at approximate latitude 43° 17' 39", longitude 72° 12' 03", in the town of Unity.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Unity and Newport and their duly authorized agents, and the board of water commissioners of the town of Newport and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions and restrictions that apply in the Gilman Pond watershed described in (b) above, shall be as follows:

(1) A person shall not build or maintain any privy, pig pen, stable, or other building or structure in which horses, cattle, swine, or other animals or fowl are kept within 200 feet of the high water mark of Gilman Pond or any inlet thereof;

(2) A person shall not allow any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food to run into Gilman Pond or any inlet thereof, or into any excavation or cesspool in the ground or on the surface of any ground within 200 feet of the high water mark of Gilman Pond or of any inlet thereof;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into Gilman Pond or any inlet thereof, or leave or allow any such materials to remain within 200 feet of the high water mark of Gilman Pond or any inlet thereof;

(4) A person shall not throw, deposit, or allow to remain upon the ice of the waters of Gilman Pond, or any inlet thereof, any matter, waste, or materials such as described in (2) or (3) above;

(5) A person shall not drive, ride, or race any cattle, horses, or other animals used for teaming, riding, or racing on the ice of Gilman Pond;

(6) A person shall not build or maintain any privy, toilet, sink drain, or subsurface septic disposal system or discharges therefrom within 200 feet of Gilman Pond or any inlet thereof. Existing properly functioning septic systems within 200 feet of the shoreline may, at the owners’ discretion, remain in place. If failure occurs, the repair or replacement shall be carried out in accordance with Env-Wq 1003.10 with adherence to the 200 foot setback in this subparagraph;

(7) A person shall not place or leave any hazardous waste as defined in RSA 147-A, VII or Env-Hw 100 through Env-Hw 1100, or any combination of wastes which pose a threat to human health or the environment, in, on or near the waters or ice of Gilman Pond or any inlet thereof or tributary thereto;

(8) A person shall not place or leave any solid waste, as defined in RSA 149-M:4, XXII, including but not limited to refuse, appliances, auto parts, tires, and tree stumps, in, on, or near the water or ice of Gilman Pond or any inlet thereof or tributary thereto;

(9) A person shall not place any chemical waste, such as gasoline, paint, fertilizers, or similar waste, into, on or upon the water or ice, or within 200 feet of Gilman Pond or any inlet thereof or tributary thereto;

(l0) A person shall conduct all pesticide applications made on that land area which contributes surface water runoff either directly into Gilman Pond or indirectly by running into any stream tributary thereof, in strict accordance with the rules of the New Hampshire pesticide control board adopted pursuant to RSA 430;

(11) A person shall perform all forestry or timber harvesting activities conducted in the Gilman Pond watershed, in strict accordance with state of New Hampshire laws including RSA 227-J, and in consultation with the town of Newport;

(12) A person shall not bathe, wade, swim, water-ski, or perform any other water contact activity in Gilman Pond or any inlet thereof or tributary thereto;

(13) A person shall not discharge off or from a vessel, cruiser, boat, houseboat, or wharf, or from a structure of any kind whether on the water or on the ice, or from any tank or receptacle thereon or therein contained, any excrement or urine, nor shall a person leave any such waste in, on, or near the waters or ice of Gilman Pond or any inlet thereof or tributary thereto;

(14) A person shall not tie, beach, or ground any occupied vessel, cruiser, boat, houseboat, or structure of any kind to the water, ice, or shore of Gilman Pond or any inlet thereof or tributary thereto for an overnight period;

(15) A person, firm, or corporation shall not cut or take ice from Gilman Pond or any inlet thereof or tributary thereto;

(16) A person shall not use or operate any off-highway recreational vehicle (OHRV), as defined in RSA 215-A:1, VI, on the water or ice of Gilman Pond or any inlet thereof or tributary thereto, or on any land around Gilman Pond, without the express written permission of the board of selectmen of the town where entrance or exit is to be made;

(17) A person shall not use any aircraft on the waters or ice of Gilman Pond or any inlet thereof or tributary thereto; and

(18) A person shall not boat or fish in Gilman Pond or any inlet thereof or tributary thereto.

(h) The town of Newport shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Gilman Pond or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.29 Protection of the Purity of Berry Pond and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Berry Pond, which is the principal drinking water supply for the town of Pittsfield.

(b) This section shall apply within the Berry River watershed above the dam that is located at approximate latitude 43° 17' 28", longitude 71° 18' 03", in the town of Pittsfield.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officer and the board of health of the town of Pittsfield and their duly authorized agents may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Berry Pond watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any privy, pig-pen, stable, or other building or structures in which horses, cattle, swine, or other animals or fowls are kept within 75 feet of the high water mark of Berry Pond or any inlet thereof or tributary thereto;

(2) A person shall not allow any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food to run into said pond or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said pond, or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said pond or any inlet thereof or tributary thereto, or leave or allow any such materials to remain within 75 feet of the high water mark of said pond or any inlet thereof or tributary thereto;

(4) A person shall not build any of the structures or carry out any of the conditions described in (1), (2), and (3) above, if the purity of the water is thereby deemed endangered by the department in accordance with Env-Dw 902.04;

(5) A person shall not bathe in said pond;

(6) A person shall not throw any sawdust or allow any sawdust to fall into said pond or any inlet thereof or tributary thereto;

(7) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said pond or any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2) and (3) above; and

(8) A person shall not use a seaplane on said pond.

(h) The Pittsfield Aqueduct Company shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Berry Pond or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.30 Protection of the Purity of the Bellamy Reservoir and Its Watershed

(a) The purpose of this section is to protect the purity of the water of the Bellamy Reservoir, which is the principal drinking water supply for the city of Portsmouth.

(b) This section shall apply within the Bellamy river watershed above the dam that is located at approximate latitude 43° 10' 49", longitude 70° 56' 55", in the towns of:

(1) Barrington;

(2) Dover; and

(3) Madbury.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Barrington, Dover, and Madbury and their duly authorized agents, and the board of water commissioners of the city of Portsmouth and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(f) Any deviations from this section shall be by written consent of the department, in accordance with Env-Dw 902.05. The provisions of this section shall not apply to officials or employees of the town of Madbury or the city of Portsmouth board of water commissioners engaged in the performance of necessary duties for the protection of public safety or the protection and control of said reservoir.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Bellamy Reservoir watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any building or structure of any kind in which animals or fowls are kept within 75 feet of the high water elevation of Bellamy Reservoir, as defined by the existing spillway elevation of 136.0 feet, or within 75 feet of any inlet thereof or tributary thereto;

(2) A person shall not discharge any sewage or other waste, as defined in RSA 485-A:2, X, treated or otherwise, into said reservoir or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, perishable or decayable material, manure, or human wastes into said reservoir or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of the ground within 75 feet of said reservoir or any inlet thereof or tributary thereto;

(4) A person shall not bathe or swim in said reservoir or any inlet thereof or tributary thereto;

(5) A person shall not operate any boats propelled by means of inboard or outboard motors other than electric motors on the waters of said reservoir or any inlet thereof;

(6) A person shall not enter upon or conduct any activity on the ice of said reservoir within 100 feet of the Route 9 bridge, said bridge not being construed to include the causeway;

(7) All activity whether of recreational, occupational, or other nature, in or on the waters of said reservoir within a distance of 2,000 feet of the water supply intake structure, the farthest extent of said area to be marked by signs or buoys, shall be prohibited;

(8) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said reservoir or upon the ice of any inlet thereof or tributary thereto, any sewage or other waste as defined in RSA 485-A:2; and

(9) A person shall not operate any seaplane or any motor vehicle as defined in RSA 259:60, other than an all-terrain vehicle as defined in RSA 215-A:1, I-b or a snowmobile as defined in RSA215-A:1, XIII, on any portion of said reservoir.

(h) The city of Portsmouth shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Bellamy Reservoir or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance. These rules shall not apply to staff or hired employees.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.31 Protection of the Purity of Round Pond and Rochester Reservoir and Their Watershed

(a) The purpose of this section is to protect the purity of the waters of Round Pond and the Rochester Reservoir, which are principal drinking water supplies for the city of Rochester.

(b) This section shall apply within the Round Pond and the Rochester Reservoir watershed above the dam that is located at approximate latitude 43° 17' 18", longitude 71° 02' 33", in the:

(1) City of Rochester; and

(2) Town of Barrington.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the city of Rochester and town of Barrington and their duly authorized agents, and the board of water commissioners of the city of Rochester and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(f) Any deviations from this section shall be by written consent of the department in accordance with Env-Dw 902.05 and the city of Rochester. The provisions of this section shall not apply to employees of the board of water commissioners engaged in the performance of necessary duties for the protection and control of said pond or reservoir.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Round Pond and Rochester Reservoir watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any building or structure of any kind in which animals or fowls are kept within 75 feet of Round Pond or Rochester Reservoir upstream of the water works intake structure, or within 75 feet of any inlet thereof or tributary thereto;

(2) A person shall not allow any wastes or waters that have been used for washing or cleansing materials, persons, or food, to run into said pond or reservoir or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said pond or reservoir or any inlet thereof or tributary thereto, nor shall a person allow any such materials to remain on the surface of the ground within 75 feet of said pond or reservoir or any inlet thereof or tributary thereto;

(4) A person shall not throw any sawdust, or allow any sawdust to fall, into said pond or reservoir or into any inlet thereof or tributary thereto;

(5) A person shall not boat, bathe, swim, fish, or carry on any activity of a recreational nature in or on the waters of Round Pond or Rochester Reservoir or any inlet thereof or tributary thereto;

(6) A person shall not throw, deposit, or allow to remain upon the ice of the waters of said pond or reservoir, or upon that of any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above; and

(7) A person shall not use any seaplane on said pond or reservoir.

(h) The city of Rochester shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access the Round Pond and the Rochester Reservoir or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.32 Protection of the Berry's River and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Berry's River and its watershed, which are a principal drinking water supply for the City of Rochester.

(b) This section shall apply within the Berry's River watershed above the diversion dam that is located at approximate latitude 43° 17' 16", longitude 71° 03' 44", in the:

(1) Town of Barrington;

(2) Town of Farmington;

(3) Town of Strafford; and

(4) City of Rochester.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Barrington, Farmington, and Strafford and the city of Rochester and their duly authorized agents, and the board of water commissioners of the city of Rochester and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Berry’s River watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any building or structure of any kind in which animals or fowls are kept within 75 feet of Berry's River upstream of the water works intake structure or within 75 feet of any inlet thereof or tributary thereto;

(2) A person shall not run any wastes or waters that have been used for washing or cleansing materials, person or food, into said river or any inlet thereof or tributary thereto;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, or human wastes into said river or any inlet thereof or tributary thereto, or leave or allow any such materials to remain on the surface of the ground within 75 feet of said river or any inlet thereof or tributary thereto;

(4) A person shall not throw any sawdust or allow any sawdust to fall into said river or into any inlet thereof or tributary thereto;

(5) A person shall not boat, bathe, swim, fish, or carry on any other activity of a recreational nature in or on the waters of Berry’s River and its tributaries above the intake structure for the Rochester Water Works;

(6) A person shall not throw or deposit or allow to remain upon the ice of the waters of said river, or upon that of any inlet thereof or tributary thereto, any matter, waste, or materials such as are described in (2), (3), and (4) above; and

(7) A person shall not use a seaplane on said river.

(h) The city of Rochester shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Berry's River or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.33 Protection of the Purity of the Water of Canobie Lake and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Canobie Lake, which is the principal drinking water supply for the town of Salem.

(b) This section shall apply within the Canobie Lake watershed above the dam that is located at approximate latitude 42° 47' 30", longitude 71° 15' 04", in the towns of:

(1) Salem; and

(2) Windham.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Salem and Windham and their duly authorized agents, and the board of water commissioners of the town of Salem and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions and restrictions that apply in the Canobie Lake watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any privy, pig-pen, stable, or other building or structure in which horses, cattle, swine, or other livestock or fowl are kept within 75 feet of the high water mark of Canobie Lake or any inlet thereof;

(2) A person shall not allow any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food, to run into said lake or any inlet thereof, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said lake or any inlet thereof;

(3) A person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage, into said lake or any inlet thereof, or leave or allow any such materials to remain within 75 feet of the high water mark of said lake or any inlet thereof;

(4) A person shall not bathe or swim or engage in other body-contact activities in said lake;

(5) Any boat used upon said lake shall comply with RSA 487:1 through RSA 487:3 with respect to the discharge of sewage or gray water;

(6) A person shall not throw or deposit or allow to remain upon the ice of the waters of said lake or any inlet thereof, any matter, waste, or materials such as are described in (2) and (3) above; and

(7) A person shall not use a seaplane on said lake.

(h) The town of Salem shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Canobie Lake or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.34 Protection of the Purity of Lake Sunapee and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Lake Sunapee, which is the principal drinking water supply for the town of Sunapee.

(b) This section shall apply within the Lake Sunapee watershed above the dam that is located at approximate latitude 43° 23' 08", longitude 72° 04' 53", in the towns of:

(1) Newbury;

(2) New London; and

(3) Sunapee.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Newbury, New London, and Sunapee and their duly authorized agents, and the board of water commissioners of the town of Sunapee and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions and restrictions that apply in the Lake Sunapee watershed described in (b) above, shall be as follows:

(1) A person shall not build, continue, or maintain any privy, pig-pen, stable, or other building or structures in which horses, cattle, swine, or other livestock or fowls are kept within 75 feet of the high water mark of Lake Sunapee or any inlet thereof or tributary thereto;

(2) A person shall not allow any sink water, urine, or water that has been used for washing or cleansing materials, persons, or food to run into said lake or any inlet thereof or tributary thereto, or into any excavation or cesspool in the ground or on the surface of any ground within 75 feet of the high water mark of said lake or any inlet thereof or tributary thereto;

(3) With the exception of using such materials as bait for fishing, a person shall not throw or deposit any dead animal or fish or parts thereof, food, perishable or decayable material, manure, human wastes, kitchen waste, swill, or garbage into said lake or any inlet thereof or tributary thereto, or leave or allow any such wastes to remain within 75 feet of the high water mark of said lake or any inlet thereof or tributary thereto;

(4) A person shall not throw any sawdust, or allow any sawdust to fall, into said lake or any inlet thereof or tributary thereto;

(5) Any boat used upon said lake shall comply with RSA 487:1 through RSA 487:3 with respect to the discharge of sewage or gray water;

(6) A person shall not throw, deposit or allow to remain upon or in the ice or the waters of said lake or any inlet thereof or tributary thereto, any waste or pollutants; and

(7) A person shall not use a seaplane in Sunapee Harbor north and west of a line from Russell Point bearing south 45 degrees west to the opposite shore.

(h) The town of Sunapee shall post a summary of the prohibitions contained in (g) above, at all public access locations where persons might reasonably be expected to access Lake Sunapee and/or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.35 Protection of the Purity of the Water of Fassett Brook Reservoir

(a) The purpose of this section is to protect the purity of the water of Fassett Brook Reservoir, which is the principal drinking water supply for the town of Troy.

(b) This section shall apply within Fassett Brook watershed above the reservoir dam that is located at approximate latitude 42° 50' 19", longitude 72° 08' 26", in the Town of Jaffrey.

(c) In accordance with RSA 485:24, the health officer and the board of health of the town of Jaffrey and their duly authorized agents, and the board of water commissioners of the town of Troy and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(d) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(f) A person shall not build, continue, or maintain any livestock, stable or other building or structures in which livestock are kept within 75 feet of the Fassett Brook Reservoir or any tributary thereto without the written approval of the department, in accordance with Env-Dw 902.05.

(g) A person shall not discharge any industrial or domestic wastewater into the Fassett Brook Reservoir or any tributary thereto.

(h) A person shall not throw or deposit any solid waste material into the Fassett Brook Reservoir, or leave or allow such material to remain within 75 feet of the reservoir or any tributary thereto.

(i) A person shall not apply or store any fertilizer, pesticides, gasoline, oil, or other hazardous chemicals or materials within 75 feet of the Fassett Brook Reservoir or any tributary thereto.

(j) A person shall not bathe in the Fassett Brook Reservoir.

(k) A person shall not fish in the Fassett Brook Reservoir.

(l) A person shall not boat in the Fassett Brook Reservoir.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

N.H. Code Admin. R. Ann. Env-Dw 902.36 Protection of the Purity of Upper Beech Pond and Its Watershed

(a) The purpose of this section is to protect the purity of the water of Upper Beech Pond, which is the principal drinking water supply for the town of Wolfeboro.

(b) This section shall apply within the Upper Beech Pond watershed above the outlet that is located at approximate latitude 43° 38' 35", longitude 71° 12' 33", in the towns of:

(1) Tuftonboro; and

(2) Wolfeboro.

(c) Any person violating this section shall, in accordance with RSA 485:26, be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

(d) In accordance with RSA 485:24, the health officers and the boards of health of the towns of Tuftonboro and Wolfeboro and their duly authorized agents, and the board of water commissioners of the town of Wolfeboro and its duly authorized agents, may act as agents of the department for the enforcement of this section in cooperation with the department.

(e) Where any provision of this section is in conflict with local ordinances, the provision that is more protective of the surface water shall apply.

(f) Any deviations from these rules shall be by written consent of the department, in accordance with Env-Dw 902.05. The provisions of this section shall not apply to employees of the board of water commissioners engaged in the performance of necessary duties for the protection and control of said pond.

(g) In addition to any prohibitions adopted by local ordinance, the prohibitions that apply in the Upper Beech Pond watershed described in (b) above, shall be as follows:

(1) No trespassing on town owned land around said pond shall be allowed. This includes, but shall not be limited to, hiking, camping, picnicking, horseback riding or use of any off-highway recreational vehicles at any time; and

(2) No boating, fishing, swimming or any use shall be allowed on or in the pond.

(h) The town of Wolfeboro shall post a summary of the prohibitions contained in (g), above, at all public access locations where persons might reasonably be expected to access Upper Beech Pond or its tributaries. This posted summary may also contain any prohibitions enacted by local ordinance.

Appendix A: Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Dw 901.01-Env-Dw 901.04

RSA 485-C:1

Env-Dw 901.05

RSA 485-C:1-2

Env-Dw 901.06

RSA 485-C:5

Env-Dw 901.07

RSA 485-C:9, II & III

Env-Dw 901.08 to Env-Dw 901.09

RSA 485-C:9, V(a)

Env-Dw 901.10

RSA 485-C:9, IV

Env-Dw 901.11

RSA 485-C:9

Env-Dw 901.12

RSA 485-C:9, VI

Env-Dw 901.13

RSA 485-C:9, II(a)

Env-Dw 901.14

RSA 485-C:9, III(a)

Env-Dw 901.15

RSA 485-C:1

Env-Dw 901.16 to Env-Dw.17

RSA 485-C:8, II

Env-Dw 901.18

RSA 541-A:22, IV

Env-Dw 901.19

RSA 541-A:22, IV

Env-Dw 902 (see below for additional statute)

RSA 485:23, RSA 485:24

Env-Dw 902.05

RSA 541-A:22, IV

Appendix B: Incorporated References

Rule Section(s)

Title, Date

Obtain at:

Env-Dw 902.24(h)(9)

Manual of Best Management Practices for Agriculture in New Hampshire, July 2017

NH Dept. of Agriculture, Markets, and Food

25 Capitol St., PO Box 2042

Concord, NH 03302-2042

Download for free at:

https://www.agriculture.nh.gov/publications-forms/documents/bmp-manual.pdf

Appendix C: Statutory Definitions

RSA 485-C:2

II. “Best management practice” means schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the risk of contamination of groundwater.

IV. “Contributing area” means the land above a class of groundwater, which is the vertical projection of the defined class on the land surface.

VIII. “Groundwater” means subsurface water that occurs beneath the water table in soils and geologic formations.

X. “Local entity” means a town or city, acting through a planning board, conservation commission, water department, health officer, or other duly constituted municipal unit; a village district established under RSA 52 or its predecessor statutes; an entity established by intergovernmental agreement under RSA 53-A; or a supplier of water for wellhead protection areas tributary to wells owned by the public water system.

XI. “Person” means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.

RSA 485-C:7

“Potential contamination source” shall include the following:

(a) Vehicle service and repair shops, including but not limited to: automobile, truck, and equipment service or repair shops, autobody shops; and aircraft fueling, deicing, and maintenance areas.

(b) General service and repair shops, including but not limited to: furniture stripping, painting, and refinishing; photographic processing; printing; appliance and small engine repair; boat repair, service, and refinishing; refrigeration, heating, ventilating and air conditioning shops.

(c) Metalworking shops, including, but not limited to: machine shops; metal plating, heat treating, smelting and jewelry making shops.

(d) Manufacturing facilities, including, but not limited to: electronics and chemical manufacturing, processing, and reclamation; paper, leather, plastic, fiberglass, rubber, silicon and glass making; a pharmaceutical production; pesticide manufacture; and chemical preservation of wood and wood products.

(e) Underground and aboveground storage facilities for oil and hazardous substances, as defined in RSA 146-C.

(f) Waste and scrap processing and storage, including, but not limited to: junkyards, scrap yards, and auto salvage yards; wastewater treatment plants; dumps, landfills, transfer stations and other solid waste facilities; and wastewater or septage lagoons.

(g) Transportation corridors, including, but not limited to, highways and railroads.

(h) Septic systems, including, but not limited to large septic systems which require a groundwater discharge permit under RSA 485-A:13.

(i) Laboratories and professional offices, including but not limited to: medical, dental, and veterinary offices; and research and analytical laboratories.

(j) Use of agricultural chemicals, including but not limited to: golf courses; feed lots, kennels, piggeries, and manure stockpiles; parks; nurseries and sod farms; and the usage of registered pesticides.

(k) Salt storage and use for winter road and parking lot maintenance.

(l) Snow dumps.

(m) Stormwater infiltration ponds or leaching catch basins.

(n) Cleaning services, including but not limited to: dry cleaners, laundromats; beauty salons; and car washes.

(o) Food processing plants, including but not limited to: meat packing and slaughterhouses; dairies; and processed food manufacture.

(p) Fueling and maintenance of excavation and earthmoving equipment.

(q) Concrete, asphalt and tar manufacture.

(r) Cemeteries.

(s) Hazardous waste facilities regulated under the Resource Conservation and Recovery Act, as implemented by RSA 147-A.

History

(See Revision Note at part heading for Env-Dw 902) #10602, eff 5-20-14; ss by #13286, eff 10-26-21

Chapter Env-Dw 1000 Grants for Public Water Systems

Part Env-Dw 1001 Grants for Surface Water Treatment, Regional Water Systems, and Groundwater Investigations

N.H. Code Admin. R. Ann. Env-Dw 1001.01 Purpose

REVISION NOTE:

This part was formerly designated Env-Ws 393 entitled Public Water Supply Grants. Document #8479, effective 11-30-05, readopted with amendments Env-Ws 393. This part was subsequently redesignated editorially with a new subtitle as Env-Dw 1001, entitled Grants for Surface Water Treatment, Regional Water Systems, and Groundwater Investigations, within a new Chapter Env-Dw 1000, entitled Grants for Public Water Systems, pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. The numerals of the rules remained unchanged, and the source notes for the rules under Document #8479 refer to those numbers under the subtitle Env-Ws.

The purpose of these rules is to implement RSA 486-A, which provides for state grants to:

(a) Public water systems that have been required to comply with the surface water treatment rules of the federal Safe Drinking Water Act of 1986 and Env-Dw 716;

(b) Public water systems which interconnect to form regional water systems; and

(c) Public water systems which investigate the groundwater contributing area of wells with recorded levels of chemical contaminants, excluding methyl tertiary-butyl ether (MTBE).

History

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05; ss by #8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.01); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.02 Definitions

(a) “Construction” means “construction” as defined in RSA 486-A:2, I, as reprinted in Appendix B.

(b) “Eligible groundwater investigation costs” means “eligible evaluation of the groundwater contribution area of public wells that have recorded levels of chemical contaminants excluding MTBE” as defined by RSA 486-A:2, III-c, as reprinted in Appendix B.

(c) “Eligible regional water systems costs” means “eligible regional water system costs” as defined by RSA 486-A:2, III-b, as reprinted in Appendix B.

(d) “Eligible surface water treatment costs” means “eligible surface water treatment costs” as defined in RSA 486-A:2, III, as reprinted in Appendix B.

(e) “U.S. Environmental Protection Agency” “EPA” means “EPA” as defined in RSA 486-A:2, IV, as reprinted in Appendix B.

(f) “Expenditure” means payment to contractors and suppliers for eligible construction, material, and equipment costs incurred for eligible activities.

(g) “Fixture rate” means the method of billing in the drinking water utility field where the method of billing for water service is based on a tabulation of water use fixtures rather than metering and each fixture is assigned a weighting factor which recognizes frequency and volume of anticipated use.

(h) “Groundwaters” means “groundwaters” as defined in RSA 486-A:2, V-b, as reprinted in Appendix B.

(i) “Method detection limit (MDL)” means the minimum concentration of a substance that can be measured and reported with 99 percent (%) confidence that the concentration is above zero.

(j) “Regional water system” means “regional water system” as defined in RSA 486-A:2, V-a, as reprinted in Appendix B.

History

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05; ss by #8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.02); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.03 Eligibility for Surface Water Treatment Grants

(a) In order to be eligible for surface water treatment grants in the amount of 20% of the total eligible surface water treatment costs, the water system shall:

(1) Draw its water supply from a surface water source, or a groundwater source under the direct influence of surface water as defined in Env-Dw 103.58;

(2) Have made expenditures for surface water treatment on or after June 19, 1986 related to construction; and

(3) Have received approval under RSA 485:8 for the construction plans related to the project.

(b) Grants shall apply to the amortization charges on eligible surface water treatment costs occurring after the original effective date of these rules, December 31, 1993.

History

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05; ss by #8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.03); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.04 Surface Water Treatment Reimbursement

(a) Reimbursements to public water systems for eligible costs related to expenditures made for surface water treatment shall include all eligible expenditures made for surface water treatment whether the source of funds was from an appropriation, bond, or capital reserve account.

(b) Reimbursement shall recognize the cumulative eligible amortized costs incurred prior to the original effective date of these rules, December 31, 1993.

History

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05; ss by #8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.04); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.05 Eligibility for Surface Water Treatment Supplemental Grants

(a) In order to be eligible for surface water treatment supplemental grants in the amount of 10% of the total eligible surface water treatment costs, the water system shall:

(1) Demonstrate to the department that construction will result in user fees for the average single family home that are 20% above the statewide average for residential customers as established by the department pursuant to Env-Dw 1001.06; and

(2) Meet all eligibility requirements of Env-Dw 1001.03.

(b) The effect of the 10% supplemental grant shall not be included in the amount used to calculate eligibility under this section.

(c) Where a system uses the fixture rate method, a list of all customers and their charges for the previous year shall be submitted to the department.

History

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05; ss by #8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.05); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.06 Determining Average Cost of Water Service

(a) The average residential cost of water supply service in New Hampshire shall be based on a triennial calendar year survey of the fee paid by a single family home using a fixed volume of water.

(b) The department shall determine this fixed volume based on a statewide assessment of the following factors:

(1) Average volume of interior domestic water use;

(2) Average exterior domestic water usage;

(3) Family unit of average size;

(4) Median family income;

(5) Average household size; and

(6) Any other factor that directly affects the average amount of water use which is endorsed by a majority of water systems through the annual survey.

(c) The average shall be calculated from the rates for those water systems serving more than 500 people with fire hydrant flow capability. The average shall be determined using the number of systems responding rather than using an average weighted in accordance with the systems’ populations.

(d) The average rate calculation shall be valid when at least 75% of the systems questioned respond to the survey.

History

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05; ss by #8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.06); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.07 Eligibility for Regional Water System Grants and Groundwater Investigation Grants

As specified in RSA 486-A:3, III, any public water system which incurs eligible water system interconnection costs or eligible groundwater investigation costs shall be eligible for:

(a) A state contribution of 25% of the annual amortization charges, meaning the principal and interest, on the bonded costs; and

(b) A state contribution of 25% of non-bonded costs.

History

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05; ss by #8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.07); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.08 Scope of Work for Groundwater Investigation

(a) Engineering services for groundwater investigations that are eligible for reimbursement shall include the scientific evaluation of source(s) of contamination within the groundwater contributing area of public water system well(s) with regulated contaminant(s) detected at levels in the well(s) above the method detection limit, excluding MTBE.

(b) The scope of work for the groundwater investigations shall be prepared under the supervision of:

(1) A professional engineer licensed in accordance with RSA 310-A:2-27; or

(2) A professional geologist licensed in accordance with RSA 310-A:118-139.

(1) Identification of any possible past and present contaminant sources that might be impacting the public water system well;

(2) Determination of the source of contamination that is impacting the public water system well; and

(3) Characterization of the fate and transport of the contamination in the aquifer(s) that contributes water to the public water system well.

(d) Upon receiving a submission under this section, the department shall review it to determine whether it contains all information required by (c) above.

(e) If the submission does not contain all information required by (c) above, the department shall, within 10 working days of receiving the submission, notify the applicant in writing what is missing.

(f) The department shall approve a scope of work submitted pursuant to this section if the scope of work:

(1) Was prepared as required by (b) above;

(2) Contains the information required by (c) above;

(3) Is technically defensible; and

(4) Will produce accurate results.

(g) The department shall notify the applicant of its decision in writing within 30 days of receiving a complete scope of work. If the scope of work is not approved, the department shall specify the reason(s) for the decision in the written notice.

History

(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05; ss by 8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.08); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.09 Pre-Application for Surface Water Treatment Grants, Regional Water System Grants, and Groundwater Investigation Grants

The applicant for a grant shall provide the following in writing to the department:

(a) The name, address, and PWS identifier of the water system that is applying for the grant;

(b) The name, mailing address, and daytime telephone number of the individual who can be contacted by the department regarding the application and, if available, a fax number and e-mail address for that individual;

(d) A brief description of the project to be completed using the grant;

(e) An estimate of costs associated with each element of construction and other tasks associated with eligible costs;

(f) Information on how the local share of the project will be financed, including an estimated debt schedule;

(g) If the applicant requests the additional 10% surface water treatment supplemental grant, a copy of the system’s projected official billing schedule for water, adjusted to remove the effect of funds placed in capital reserve accounts; and

(h) Information on how the proposed project and resulting land use impacts conform to land use master plans in the affected municipality(ies).

History

#8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.09); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.10 Pre-Application Processing

(a) The applicant shall submit the project pre-application as specified in Env-Dw 1001.09 to the department.

(b) The department shall determine whether a proposed project is eligible for a grant based on the eligibility requirements specified in Env-Dw 1001.03, Env-Dw 1001.05, or Env-Dw 1001.07, as applicable.

(c) The department shall notify the applicant in writing if the pre-application has or has not been approved. If the pre-application is not approved, the notice shall specify the reason(s) for the decision.

(d) If the project is determined to be eligible for funding, the department shall add the project to the draft list of projects to be funded.

(e) The department shall prioritize the projects on the draft list in accordance with Env-Dw 1001.13(a) and Env-Dw 1001.14.

(f) The department shall provide public notice of, and conduct a public hearing on, the draft priority list as required by RSA 486-A:8-a.

(g) After considering the testimony offered at the hearing, the commissioner shall finalize the priority list for the next fiscal year, and project assistance shall be granted accordingly.

(h) Proposed projects that have not received governing body approval within one year of the public hearing date shall be removed from the priority list.

History

#8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.10); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.11 Final Application for Surface Water Treatment Grants, Regional Water System Grants, and Groundwater Investigation Grants

After receiving notice under Env-Dw 1001.10(c) that the pre-application has been approved, the applicant shall provide the following in writing to the department:

(a) The information specified in Env-Dw 1001.09(a) through (c);

(b) A detailed description of the project to be completed using grant funds;

(c) A detailed description of costs associated with each element of construction and other tasks associated with eligible costs;

(d) A detailed financial statement indicating the portions of costs which are eligible costs as defined in Env-Dw 1001.02 (b) through (d), as applicable, with a breakdown of eligible and non-eligible elements;

(e) A description of the financing of the project, including amortization schedule if bonded;

(f) If the applicant requests the additional 10% surface water treatment supplemental grant, a copy of the water system’s projected official billing schedule for water, adjusted to remove the effect of funds placed in capital reserve accounts;

(g) As required by RSA 486-A:5, a statement that:

(1) The applicant has adopted or will adopt a system of charges to assure that each recipient of water service within the applicant’s jurisdiction will pay a proportionate share of the costs of operation and maintenance of water services provided by the applicant; and

(2) For regional water system grants, a statement from each public water system that is to make payments to the applicant for water service provided through a regional water system interconnection that it has adopted, or will adopt, a system of charges to assure that each recipient of water service within the public water system will pay its proportionate share of such payments;

(h) An agreement as required by RSA 486-A:7, I, that the applicant:

(1) Has installed or will install the waterworks facility(ies) in accordance with the plans and specifications approved by the department pursuant to RSA 485:8;

(2) Will provide proper and effective operation and maintenance of facility(ies);

(3) Agrees that failure to install the facility(ies) in accordance with the approved plans and specifications or to provide proper and efficient operation and maintenance of such facilities shall result in the loss of payment of the annual grant installment next following such failure; and

(4) For regional water system grants, agrees to participate in regional and statewide water supply planning initiatives and to consider the results of such initiatives for purposes of long-term water supply planning and infrastructure development;

(i) For groundwater investigation, an agreement that the applicant will conduct the investigation in accordance with a scope of work developed in accordance with Env-Dw 1001.08;

(j) A written authorization designating an individual to sign official documents binding upon the applicant;

(k) A statement signed by the individual authorized under (j) above, attesting to the accuracy of the application;

(l) A copy of the warrant article or corporate resolution or other legally-binding document authorizing the project; and

(m) A description of any other funds received by the applicant for the project, including but not limited to grants and loans from the U.S. Farmers Home Administration/Rural Development Administration, Housing and Urban Development/Community Development Block Grant, and contributions from developers.

History

#8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.11); ss by #10616, eff 6-1-14; ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.12 Application Processing

(a) After receiving a submission under Env-Dw 1001.11, the department shall review the submission to determine whether it contains all required information and documents.

(b) If the submission does not contain all information and documents required by Env-Dw 1001.11, the department shall within 10 working days of receiving the submission, notify the applicant in writing what is missing.

(1) The submission contains all information and documents required by Env-Dw 1001.11; and

(2) The information and documents are consistent with the information and documents submitted pursuant to Env-Dw 1001.09.

(d) The department shall notify the applicant within 30 days of receipt of a complete final application of its decision on the application. If the application is denied, the department shall specify the reason(s) for the denial in the written notice.

History

#8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.12); ss by #10616, eff 6-1-14 (from Env-Dw 1001.10); ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.13 Payment Priority

(a) To the extent that payments on 2 or more grants originally awarded prior to the fiscal year in which additional payments are to be made are made out of a single state budget line, payments shall be made from available funds in the following order of priority:

(1) Surface water treatment grants;

(2) Regional water system grants for proposed regional interconnections;

(3) Enhancement of existing regional interconnections to accommodate additional users; and

(4) Groundwater investigation grants.

(b) To the extent that payments on 2 or more grants originally awarded prior to the fiscal year in which additional payments are to be made are made out of the same state budget line as grants being originally awarded in that fiscal year, the new grants shall be awarded based on funds remaining after payments on existing grants made in accordance with (a) above.

History

#8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.13); ss by #10616, eff 6-1-14 (from Env-Dw 1001.11); ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.14 Priority of New Grants

(a) The department shall approve new grants in accordance with the priority specified in Env-Dw 1001.13(a), above, and the points awarded pursuant to Env-Dw 1001.15.

(b) The priority list of new projects eligible to receive surface water treatment grants shall include the highest priority projects ready for construction and anticipated to receive grants from the appropriated funds within the next fiscal year.

(c) For new regional water system grants and groundwater investigation grants, the department shall approve the highest ranked projects for each grant category in the order noted in (a) above, until all available funding for that fiscal year is depleted.

(d) A project which is placed on the priority list shall be bypassed if the department determines that the project will not be ready to proceed during the current state fiscal biennium. Any project so bypassed shall receive priority ranking and be placed on the priority list in the next ranking cycle provided the applicant requests the department to reconsider the grant application and updates any date-sensitive aspects of the application.

(e) When 2 or more projects score equally under the priority point system, the department shall assign the higher ranking to:

(1) The project with the greater existing population receiving water through the proposed regional water system project; or

(2) For groundwater investigation projects, the project with the greater population impact.

(f) Projects which involve new interconnections between public water systems shall receive higher priority than projects which involve improvement of existing interconnections to provide more secure regional water systems.

History

#8479, eff 11-30-05 (see Revision Note at part heading for Env-Dw 1001) (formerly Env-Ws 393.14); ss by #10616, eff 6-1-14 (from Env-Dw 1001.12); ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.15 Assignment of Points for New Grant Applications

(a) The department shall assign priority points to applications for new regional water system grants and groundwater investigation grants based on the numerical system described in (b) through (g) below.

(b) Points assigned based on the residential population of the service area that would receive water through the proposed regional water system interconnection or that is or will be served by a well under investigation shall be:

(1) For systems serving 25 to 500 people, one point;

(2) For systems serving 501 to 5,000 people, 3 points; and

(3) For systems serving more than 5,000 people, 5 points.

(c) Points assigned based on the degree to which the public’s health, safety, and economic well-being will benefit from a proposed regional water system interconnection shall be:

(1) For each system which has adequate quantity for the present but desires emergency backup supply, 2 points;

(2) For each system which has seasonal water shortages, 4 points; and

(3) For each system which has chronic, year-round shortages, 6 points.

(d) Points assigned based on the degree to which the public’s health, safety, and economic well-being will benefit from the proposed groundwater investigation shall be:

(1) For wells where a regulated contaminant has been detected at levels above the method detection limit but below one-half the maximum contaminant level (MCL) as defined in Env-Dw 701 to Env-Dw 706, 2 points;

(2) For wells where a regulated contaminant has been detected at levels above one-half the MCL but below the MCL as defined in Env-Dw 701 to Env-Dw 706, 4 points; and

(3) For wells where a regulated contaminant has been detected at levels above the MCL as defined in Env-Dw 701 to Env-Dw 706, 6 points.

(e) Points assigned based on the fiscal impact on user fees, without grant support, in the service area that would receive water through the proposed regional water system interconnection or will be served by a well under investigation shall be:

(1) For systems where user fees would be between 1.0 and 1.5 % of the system’s or town’s median household income, based on the most recent U.S. Census or wage survey data, 2 points;

(2) For systems where user fees would be over 1.5 but less than 2.0 % of the system’s or town’s median household income, based on the most recent U.S. Census or wage survey data, 4 points; and

(3) For systems where user fees would exceed 2.0 % of the system’s or town’s median household income, based on the most recent U.S. Census or wage survey data, 6 points.

(f) Points assigned based on the fiscal impact on taxes, without grant support, in the service area that would receive water through the proposed regional water system interconnection or will be served by a well under investigation shall be:

(1) For systems where the local share of the property tax rate for the town or precinct would increase between 1.0 and 2.0 % in the year of greatest financial impact of the project, 2 points; and

(2) For systems where the local share of the property tax rate for the town or precinct would increase more than 2.0 % in the year of greatest financial impact of the project, 4 points.

(g) Points assigned based on the consistency of a proposed regional water system project with land use master plans in the affected municipality(ies) and with the provisions of RSA 9-B and RSA 162-C:2, V to the extent that the project might impact one or more of the municipalities’ growth and development patterns shall be:

(1) For systems where the project conforms with land use master plans in the affected municipality(ies) and with the provisions of RSA 9-B and RSA 162-C:2, V to a limited degree, 2 points; and

(2) For systems where the project conforms with land use master plans in the affected municipality(ies) and with the provisions of RSA 9-B and RSA 162-C:2,V to a significant degree, 4 points.

History

# 10616, eff 6-1-14 (from Env-Dw 1001.13); ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

N.H. Code Admin. R. Ann. Env-Dw 1001.16 Continuing Eligibility for Surface Water Treatment Supplemental Grants

In order to maintain its eligibility for the 10% supplemental grant, the system shall annually submit its current official billing schedule to the department.

History

# 10616, eff 6-1-14 (from Env-Dw 1001.14); ss by #14121, eff 11-23-24, EXPIRES: 11-23-34

Part Env-Dw 1002 Water Supply Land Protection Grant Program

N.H. Code Admin. R. Ann. Env-Dw 1002.01 Purpose

Statutory Authority: RSA 486-A

Revision Note:

Document #9490, effective 6-23-09, readopted with amendments and renumbered former Part Env-Ws 394, entitled Water Supply Land Grant Program, under a new subtitle as Part Env-Dw 1002 entitled Water Supply Land Protection Grant Program within a new Chapter Env-Dw 1000 entitled Grants for Public Water Systems. The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

Document #9490 replaces all prior filings for rules formerly in Env-Ws 394. The prior filings for rules in former Env-Ws 394 include the following documents:

#7400, INTERIM, eff 11-3-00, EXPIRED: 5-2-01

#7487, eff 5-3-01

#9461, INTERIM, eff 5-3-09

The purpose of these rules is to implement RSA 486-A by establishing procedures and standards for the application and award of grants to purchase land or conservation easements for land within the source water protection areas of active, proposed, or future sources of public water supply for community or non-community, non-transient water systems, to ensure the permanent protection of these critical drinking water resources.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #9932, eff 5-27-11; ss by #12441, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 1002.02 Incorporated Definitions

Unless otherwise defined in this part, terms used herein shall be as defined in Env-Dw 100.

History

#12441, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 1002.03 Part-Specific Definitions

(a) “Active” means being subject to RSA 485, the NH Safe Drinking Water Act.

(b) “Applicant” means an entity that is applying for a water supply land protection grant under this program and that is:

(1) A municipality; or

(2) A nonprofit organization exempt from taxation under §501(c)(3) of the Internal Revenue Code that has public water supply or land conservation as its principal mission.

(d) “Conservation easement” means a legally-enforceable agreement between a land owner and a person who holds the conservation easement, such as a land trust or governmental agency, that permanently restricts the uses of the land to which it applies in order to protect the land’s conservation values.

(e) “Conservation interest” means:

(1) The fee simple ownership of a parcel of land where the land is to be protected from development in perpetuity; or

(2) A conservation easement.

(f) “Future source of public drinking water supply” means “future source of public drinking water supply” as defined in RSA 486-A:2, IV-a, as reprinted in Appendix B.

(g) “Grantee” means “water supply land protection grantee” as defined in RSA 486-A:2, VIII, as reprinted in Appendix B.

(h) “Grant property” means:

(1) Fee ownership of a parcel of land, or portion thereof, that will be acquired using grant funds and protected from development in perpetuity; or

(2) An interest in land that will protect the land from development in perpetuity, such as a conservation easement, that is to be acquired using grant funds.

(i) “Match property” means:

(1) Fee ownership of a parcel of land, or portion thereof, that is to be protected from development in perpetuity as part of the match requirements specified in Env-Dw 1002.07; or

(2) An interest in land, such as a conservation easement, that will be used to meet the match requirements specified in Env-Dw 1002.07.

(j) “Municipality” means a city, town, village district, or precinct.

(k) “Potential contamination source” means a potential contamination source as described in RSA 485-C:7, I, as reprinted in Appendix C, that is known to the applicant, visible during an on-site inspection, or identified by the department’s geographic information system and verified by on-site inspection, except that for purposes of this part, the term does not include agricultural activities that are conducted in accordance with the “Manual of Best Management Practices (BMPs) for Agriculture in New Hampshire” published by the New Hampshire department of agriculture, markets, and food, revised July 2017, available at https://www.agriculture.nh.gov/publications-forms/documents/bmp-manual.pdf.

(l) “Proposed source” means a proposed well or surface water intake for which a community or non-transient non-community water system has received all required approvals from the department.

(m) “Riparian frontage” means the extent of the frontage of land along a surface water that is:

(1) Depicted in the high resolution National Hydrography Dataset (NHD) maintained by the New Hampshire geological survey at 1:24,000-scale or better as lake/pond, stream/river, swamp/marsh, canal/ditch, connector, or reservoir, and that drains to the water supply source via surface flow; or

(2) A perennial stream that has continuous flow during years of normal rainfall and that drains to the water supply source via surface flow.

(n) “Source” means groundwater or surface water that contributes water to a well or surface water intake.

(o) “Source water protection area” means “source water protection area” as defined in RSA 486-A:2, VI, as reprinted in Appendix B.

(p) “Stewardship” means “stewardship” as defined in RSA 486-A:2, VII, as reprinted in Appendix B.

(r) “Transaction costs” means the costs attributable to activities associated with completing a purchase of land or of placing a conservation easement on land, including but not limited to:

(1) Completing a land appraisal, land survey, baseline documentation report, title examination, environmental site assessment, stewardship plan, or any combination thereof;

(2) Legal fees, recording fees, other closing costs, or any combination thereof; and

(3) Providing financial support for the stewardship of the conservation interest created by the document required by Env-Dw 1002.24, which can include paid staff time.

(s) “Undeveloped” means forest, farm, or other land that:

(1) Has not been converted into a housing, commercial, or industrial building site; and

(2) Contains no structures or alterations that would jeopardize water quality.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; amd by #9932, eff 5-27-11; ss by #12441, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 1002.04 Process for Obtaining Water Supply Land Protection Grants

The process for obtaining a water supply land protection grant shall be as follows:

(a) The applicant shall complete a project eligibility application in accordance with Env-Dw 1002.08 and submit it to the department prior to the deadline specified by the department in accordance with Env-Dw 1002.05;

(b) The department shall make an eligibility determination on each project eligibility application and notify each applicant in accordance with Env-Dw 1002.13;

(1) Complete a final grant application in accordance with Env-Dw 1002.14, which includes documentation of commitment of at least a 75% match as specified in Env-Dw 1002.07; and

(2) Submit the final grant application to the department in accordance with Env-Dw 1002.14 by the deadline established by the department in accordance with Env-Dw 1002.05;

(d) The department shall review and rank the final applications in accordance with Env-Dw 1002.17 and notify each applicant of project selection in accordance with Env-Dw 1002.19;

(e) For each project that is selected for a grant, the applicant shall submit the following to the department prior to the grant being awarded:

(1) An environmental site assessment, if required by Env-Dw 1002.20(b), prepared in accordance with Env-Dw 1002.20(c) and (d);

(2) A property survey prepared in accordance with Env-Dw 1002.21;

(3) An appraisal prepared in accordance with Env-Dw 1002.22;

(4) A title examination and an opinion of title prepared in accordance with Env-Dw 1002.23;

(5) Baseline documentation in accordance with Env-Dw 1002.26(c); and

(6) A stewardship plan in accordance with Env-Dw 1002.26(b)(3); and

(f) For each grant that is awarded, the grantee shall:

(1) Execute the land transaction(s) in accordance with Env-Dw 1002.27;

(2) Record the deed(s) and survey(s), if applicable, in accordance with Env-Dw 1002.27;

(3) Adhere to grant contract conditions; and

(4) Provide ongoing stewardship of each grant property and match property in accordance with Env-Dw 1002.26(d).

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; amd by #9932, eff 5-27-11; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.03)

N.H. Code Admin. R. Ann. Env-Dw 1002.05 Application Deadlines

(a) The deadline for submission of an application to determine project eligibility shall be no sooner than 60 days following the date that grant funds become available and no later than 180 days following such date.

(b) The department shall announce the deadline by publishing the date on the department’s web page, issuing a press release, and mailing an announcement by U.S. Postal Service or electronic mail, or both, to those entities who have requested to be informed of such deadlines.

(1) No sooner than 30 days and no later than 120 days from the project eligibility application deadline; and

(2) Announced at the same time as the project eligibility application deadline established pursuant to (a), above.

(d) Eligibility applications for projects that occur between grant rounds shall be considered for funding in a subsequent grant round provided the eligibility application is submitted prior to the applicant acquiring the land or conservation easement(s).

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.04)

N.H. Code Admin. R. Ann. Env-Dw 1002.06 Eligibility Criteria

A project shall be eligible for a grant only if all of the following conditions are met:

(a) Each grant property and each match property is in a source water protection area for an active, proposed, or future source of public drinking water for a community or non-transient non-community water system, except for any small portions of land that extend beyond the source water protection area boundary and would be impractical to subdivide off, as specified in RSA 486-A:7, II(a);

(b) Each grant property and each match property that is being obtained for the protection of a surface water supply either:

(1) Is within 5 miles of the intake on a river or, in the case of reservoirs or lakes, is within 5 miles of the source being protected; or

(2) Contains riparian frontage within the watershed of the water supply source;

(c) Each grant property and each match property is outside the sanitary protective area for a proposed or future source, provided that any portion of a property that is within the sanitary protective area for a proposed or future source is not eligible for funding;

(d) The applicant’s share of the project value, or match, meets the criteria specified in Env-Dw 1002.07;

(e) Each grant property and each match property is undeveloped land and free of:

(1) Known contamination; and

(2) Potential contamination sources;

(f) No grant property is already permanently protected or owned by the applicant prior to submitting a project eligibility application;

(g) No match property is already permanently protected more than one year prior to the date the project eligibility application is submitted;

(h) Title to each grant property will be held by a grantee, as required by RSA 486-A:7, II(b); and

(i) Title to each match property will be held by a person who would qualify as an applicant.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; amd by #9932, eff 5-27-11; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.05)

N.H. Code Admin. R. Ann. Env-Dw 1002.07 Match Criteria

(a) The value of the match shall equal at least 75% of the eligible water supply land protection costs as defined by RSA 486-A:2, III-a, which include the costs for the land or interest in land and associated legal and transaction costs associated with the protection of each grant property and each match property.

(b) The match shall consist of one or more of the following:

(1) A municipal, state, or federal appropriation, which may include funding from the drinking water state revolving loan fund;

(2) A private cash donation;

(3) A donation, or partial donation, of match property in one or more existing or proposed source water protection areas, providing the following conditions are met:

a. Title to the match property will be held by a person who would qualify as an applicant;

b. The transaction(s) to acquire the match property will be completed prior to or simultaneously with the completion of the transaction(s) for the grant property(ies);

c. The match value for the match property has been or will be established by an appraisal in accordance with Env-Dw 1002.22; and

d. The match property is not being used and has not been used as a match for another grant project; and

(4) A donation, or partial donation, of services or payment for services necessary to complete the transaction, including land transaction consultant, survey, appraisal, title opinion, environmental assessment, stewardship baseline documentation, paid staff time, and legal fees.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; amd by #9932, eff 5-27-11; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.06)

N.H. Code Admin. R. Ann. Env-Dw 1002.08 Project Eligibility Application

To apply for a determination of project eligibility, the applicant shall submit the following on or with an Application For Land Protection Grant Project Eligibility form (eligibility application) obtained from the department:

(a) The part I information specified in Env-Dw 1002.09;

(b) The part II information specified in Env-Dw 1002.10 for each property to be acquired with the grant funds requested and each match property;

(d) The part IV maps and other information specified in Env-Dw 1002.12; and

(e) The signed and dated certifications specified in Env-Dw 1002.15(a) and (b).

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; amd by #9932, eff 5-27-11; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.07)

N.H. Code Admin. R. Ann. Env-Dw 1002.09 Part I Information

The information required by Env-Dw 1002.08(a) shall be as follows:

(a) The name, mailing address, and daytime telephone number, including area code, of the applicant and, if available, an e-mail address;

(b) Whether the applicant is a municipality or a §501(c)(3) non-profit having public water supply or land conservation as a principal mission;

(c) The name, mailing address, and daytime telephone number including area code of an individual who is authorized to interact with the department on behalf of the applicant relative to the application and, if available, an e-mail address for that individual;

(d) The PWS and source identifiers for each source of public drinking water that will be protected or, for a proposed source or if the source identifier is not known, the public water system’s PWS identifier or a description of the source(s) of public drinking water to be protected;

(e) The total number of drinking water sources to be protected;

(f) The total amount of funding sought from the department to acquire the grant property(ies);

(g) Whether match funds have already been authorized or appropriated by the applicant’s governing body and if not, the anticipated date of such authorization or approval;

(h) A statement or other indication that each of the eligibility criteria specified in Env-Dw 1002.06 has been met;

(i) A list of each component of the match, and for each, the following:

(1) The type of match, such as public funds, private funds, donated land or easement(s), or donated services;

(2) The source of the match;

(3) Whether the component has been authorized, received, or is anticipated; and

(4) The estimated value of the component;

(j) The total value of the match;

(k) The percentage of total costs represented by the match;

(l) For each property to be acquired with the requested grant funds and for each match property, indicate which it is in a numbered list and provide:

(1) The location of the property by street address, city or town, tax map and lot number, and county;

(2) The book and page number of the deed to the current owner; and

(3) The parcel’s acreage;

(m) The total acreage of the area proposed for protection, that is, the total combined acreage of all the grant properties and match properties;

(n) The total number of Part II forms being submitted with the application;

(o) Whether the applicant’s governing body has already approved applying for the grant, and:

(1) If so, the date approved; or

(2) If not, the anticipated date of approval; and

(p) Whether the applicant plans to contract with an organization to provide long-term stewardship, and if so and the organization has been identified, the name of the organization.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 1002.10 Part II Information

The information required by Env-Dw 1002.08(b) for each property to be acquired with the grant funds requested and each match property shall be as follows:

(a) The number of the parcel from the list required by Env-Dw 1002.09(l) and whether it will be acquired with grant funds or is part of the required match;

(b) The location of the property by street address, city or town, tax map and lot number, and county;

(d) The total acreage of the parcel and the acreage to be protected, if less than the entire parcel;

(e) The length of the riparian frontage;

(f) The distance from the property’s boundary to the source proposed to be protected;

(g) A brief description of all structures and land alterations such as impoundments, gravel pits, utilities, wells, roads, trails, or other disturbances;

(h) Whether there are any encumbrances on the property, including but not limited to mortgages, liens, easements, or right-of-ways, and, if so, a list of each that identifies the location and owner;

(i) The approximate area, in acres or by percentage of the total parcel, that is covered by:

(1) Open fields;

(2) Forest;

(3) Wetlands; and

(4) Surface waters;

(j) Whether the property interest expected to be acquired is fee simple title or a conservation easement;

(k) The name and mailing address of each current owner of the property;

(l) The name and mailing address of the proposed owner of the property and of the proposed holder of the conservation interest, if not the same;

(m) The estimated or appraised fair market value or the assessed value of the property;

(n) If known, the price at which the owner of the property is willing to sell the property;

(o) For match property, the estimated transaction costs to acquire the land;

(p) The amount of funds requested for the parcel;

(q) Detailed directions to the property and instructions on how to gain access to it for purposes of inspection;

(r) A description of the proposed land uses for the property; and

(s) A description of conservation values for the property, including:

(1) Watershed, floodplain, wetland, and water-quality protection value;

(2) Existing and potential public recreational uses and accessibility;

(3) Significant scenic value;

(4) Historic, cultural, or archaeological value;

(5) Unique geologic features;

(6) Rare species value or “exemplary natural communities” value, as identified by the New Hampshire department of natural and cultural resources, division of forest and lands, natural heritage bureau (NH NHB);

(7) Length of undeveloped shoreline on pond, lake, stream, or navigable river;

(8) Wildlife value and management potential, such as being identified as a conservation focus area in the Wildlife Action Plan prepared by the New Hampshire fish and game department;

(9) Forestry value, management status, and acres of productive soils;

(10) Agricultural value, including acres of “important farmland” identified by the U.S. Department of Agriculture, Natural Resources Conservation Service; and

(11) Any other identified conservation value.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 1002.11 Part III Information

The information required by Env-Dw 1002.08(c) shall relate to existing and planned water supply source protection measures that are being implemented or are planned by the PWS or the city or town in which the source is located, as follows:

(a) Whether a comprehensive source water protection program plan is being implemented or is planned, and if planned the estimated date of implementation;

(b) Whether any source water protection area regulations are in effect or are being planned, and if planned the estimated date of implementation;

(c) Whether a source water protection area educational program is being implemented or is planned, and if planned the estimated date of implementation;

(d) Whether there is an established land acquisition plan in the source water protection area;

(e) Whether there is any existing source water protection area ownership beyond the sanitary radius or control through easement by water suppliers or others;

(f) Whether there is a long-term plan for meeting system demand; and

(g) Whether a water conservation plan is being implemented or is planned, and if planned the estimated date of implementation.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 1002.12 Part IV Maps and Other Supporting Information

The maps and other supporting information required by Env-Dw 1002.08(d) shall be as follows:

(a) A USGS topographic map or other topographic map with the following clearly delineated, as applicable:

(1) Each source water protection area;

(2) The sanitary radius for each source to be protected;

(3) Each property to be acquired with the requested grant;

(4) Each match property;

(5) Any property already owned or otherwise protected by the applicant; and

(6 Any lands that are already protected;

(b) Geographic information system (GIS) shape file(s) or a paper map showing the boundaries of each grant property and each match property at a scale that ensures all details are legible and that shows:

(1) The location of:

a. All structures and land alterations such as impoundments, gravel pits, utilities, wells, roads, trails, or other disturbances;

b. All easements and right-of-ways on the property; and

(2) The approximate areas covered by field, forest, wetlands, and surface waters, each shaded or colored to be distinctive;

(c) If a source water or wellhead protection plan exists and is available, a copy of the plan or the URL of a web page where it can be accessed;

(d) If source water protection regulations are in effect, a copy of the regulations or the URL of a web page where they can be accessed; and

(e) For a proposed source, all available hydrogeologic information about the Source.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 1002.13 Eligibility Determination

(a) The department shall determine that a proposed project warrants review as a grant application if the eligibility application demonstrates that the project meets the eligibility requirements specified in Env-Dw 1002.06.

(b) The department shall notify the applicant in writing of the project’s eligibility within 30 calendar days of the project eligibility application submission deadline.

(c) If the project as proposed does not meet the eligibility requirements specified in Env-Dw 1002.06, the applicant may revise the project eligibility application and resubmit it in a subsequent grant round.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.08)

N.H. Code Admin. R. Ann. Env-Dw 1002.14 Final Grant Application Requirements

After being notified that the project is eligible, the applicant shall submit the following on or with a Final Grant Application form obtained from the department:

(a) The name, mailing address, and daytime telephone number, including area code, of the applicant and, if available, an e-mail address;

(b) Whether the applicant is a municipality or a §501(c)(3) non-profit having public water supply or land conservation as a principal mission;

(d) If no changes have occurred in any of the information provided on or with the eligibility application, certification that no changes have occurred;

(e) If any changes have occurred in any of the information or other supporting items provided on or with the eligibility application, replacement pages with all necessary updates; and

(f) The signed and dated certifications specified in Env-Dw 1002.15(c) and (d).

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.09)

N.H. Code Admin. R. Ann. Env-Dw 1002.15 Certifications Required for Grant Applications

(a) For an application for determination of eligibility, the applicant shall make the following certifications by having an authorized representative sign and date the following statements and printing or typing his or her name and title in the spaces provided:

(1) The signer has been duly authorized by the applicant to sign the application;

(2) All data and information submitted in support of the application are true, complete, and not misleading to the best of the applicant’s knowledge and belief;

(3) The applicant understands that any department determination that the applicant and the applicant’s project are eligible for a grant that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(4) The applicant and the signer are subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(b) For an application for determination of eligibility, each owner of grant or match property shall make the following certifications by signing and dating the following statements and printing or typing his or her name in the space provided:

(1) Based on the data and information submitted in support of the application, the landowner is willing to enter into negotiations for the acquisition of the property;

(2) All encumbrances on the property, including but not limited to mortgages, liens, easements, and right-of-ways, are identified as part of the application; and

(3) The owner is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(c) For a final application for a grant, the applicant shall make the following certifications by having an authorized representative sign and date the following statements and printing or typing his or her name and title in the spaces provided:

(1) The signer has been duly authorized by the applicant to sign the application;

(2) All data and information submitted in or with the eligibility application remains true, complete, and not misleading to the best of the applicant’s knowledge and belief, or if changes have occurred, the updated or corrected information submitted with the final application is true, complete, and not misleading to the best of the applicant’s knowledge and belief;

(3) The applicant will comply with the conditions specified in RSA 486-A:7, II;

(4) The applicant understands that any department determination that the applicant and the applicant’s project are eligible for a grant that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(5) The applicant and the signer are subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(d) For a final application for a grant, each owner of grant or match property shall make the following certifications by signing and dating the following statements and printing or typing his or her name in the space provided:

(1) Based on the data and information submitted in support of the application, the owner agrees to not sell or commit to sell the property(ies) covered by the application except to the applicant for not less than 120 days;

(2) The landowner agrees to allow the property(ies) to be inspected, surveyed, and appraised within 120 days from the date of receipt by the department of a copy of the application;

(3) All encumbrances on the property(ies), including but not limited to mortgages, liens, easements, and right-of-ways, are identified as part of the eligibility application or, if changes have occurred, as part of the final application; and

(4) The owner is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18

N.H. Code Admin. R. Ann. Env-Dw 1002.16 Confidentiality of Certain Information

The price at which each owner of grant property or match property will sell the property provided pursuant to Env-Dw 1002.10(n) or Env-Dw 1002.14(e) and information regarding financial encumbrances such as mortgages or liens that is submitted in accordance with Env-Dw 1002.10(h) or Env-Dw 1002.14(e), shall be:

(a) Treated as confidential under RSA 91-A:5, IV; and

(b) Subject to disclosure only with the consent of the applicant until the department has selected the application for grant funding.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.11)

N.H. Code Admin. R. Ann. Env-Dw 1002.17 Application Ranking and Selection

(a) The department shall rank each project within 60 days of the final application submittal deadline established pursuant to Env-Dw 1002.05.

(b) Subject to (f), below, the ranking shall be based on the points awarded to each application by the department using the point system specified in Env-Dw 1002.18 after the department reviews the application and conducts a site walk, with the application receiving the most points being ranked the highest.

(1) Provide notice and otherwise proceed in accordance with RSA 486-A:8-a, II; and

(2) Select projects for funding in each grant round starting with the highest ranked project and continuing until all available funding is depleted.

(d) No single applicant shall receive greater than 30% of the available funding in any one grant application round.

(e) Projects not selected for funding in a grant round due to insufficient funds shall be reconsidered in future grant rounds providing the applicant notifies the department that the grant application is to be reconsidered and any date-sensitive aspects of the application are updated.

(f) Notwithstanding the number of points assigned pursuant to Env-Dw 1002.18, for the purpose of allocating funds provided by the department of transportation as part of the mitigation package associated with the wetlands permit for the interstate highway I-93 widening project to permanently protect critical water supply lands in municipalities located near the project, the department shall give first priority to projects in the Lake Massabesic watershed.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.12)

N.H. Code Admin. R. Ann. Env-Dw 1002.18 Scoring System

(a) The department shall assign points to each application as specified in (b) through (r), below, and then add the points together to get one point total, or score, for the application as a whole.

(b) For each project that is located within more than one source water protection area, the department shall calculate a score for each source water protection area and then use the highest score to rank the project in relation to other projects.

(1) For a non-transient non-community system, 0 points;

(2) For a community system other than a municipally-owned system, one point; or

(3) For a municipal system, 5 points.

(d) The department shall assign points based on the population served by the water system as follows:

(1) For a system serving 25 to 100 people, 0 points;

(2) For a system serving 101 to 500 people, one point;

(3) For a system serving 501 to 2,500 people, 2 points;

(4) For a system serving 2,501 to 5,000 people, 3 points; or

(5) For a system serving over 5,000 people, 4 points.

(e) The department shall assign points based on the number of community water supply sources to be protected as follows:

(1) For one source, 0 points;

(2) For 2 sources, one point; or

(3) For 3 or more sources, 2 points.

(f) The department shall assign points based on the total acreage of grant property and match property as follows:

(1) For a project containing less than 10 acres, 0 points;

(2) For a project containing 10 acres or more but not more than 40 acres, one point;

(3) For a project containing more than 40 but not more than 99 acres, 2 points;

(4) For a project containing more than 99 but not more than 250 acres, 3 points; or

(5) For a project containing more than 250 acres, 4 points.

(g) The department shall assign points based on the presence of any or all of the following natural resource, cultural, and historical attributes on the grant property and match property, as follows:

(1) For a project containing or abutting great ponds, perennial streams or rivers, non-forested wetlands, or floodplains greater than 5 acres, one point;

(2) For a project containing state- or federally-listed threatened or endangered species, habitat for such species that has been determined by the executive director of the New Hampshire fish and game department, pursuant to RSA 212-A:9, III, to be critical, or rare plants, rare animals, or exemplary natural communities that have been identified by the NH NHB, ½ point;

(3) For a project that abuts conservation land such that there is an unfragmented block of undeveloped land 500 acres or more in size, ½ point;

(4) For a project containing important farmland according to the U.S. Department of Agriculture, Natural Resources Conservation Service classification system, ½ point;

(5) For a project with existing or potential outdoor recreation amenities, such as public trails and public boat access points, ½ point;

(6) For a project containing historical, cultural, or archaeologically significant lands that are on the National Register of Historic Places or identified by the New Hampshire department of natural and cultural resources, division of historical resources, ½ point; and

(7) For a project containing any other identified conservation value, ½ point.

(h) For groundwater sources, the department shall assign points based on the distance of the grant property or match property from the existing or proposed source to be protected as follows:

(1) If any of the land is located within the sanitary protective area for an existing source, 25 points;

(2) If any of the land is located within 600 feet of the edge of the sanitary protective area, 20 points;

(3) If any of the land is located 600 to 1,000 feet from the edge of the sanitary protective area, 15 points;

(4) If any of the land is located 1,000 to 2,000 feet from the edge of the sanitary protective area, 10 points;

(5) If any of the land is located 2,000 to 3,000 feet from the edge of the sanitary protective area, 5 points;

(6) If any of the land is located 3,000 to 4,000 feet from the edge of the sanitary protective area, 2 points;

(7) If any of the land is located 4,000 to 5,000 feet from the edge of the sanitary protective area, one point; or

(8) If any of the land is located more than 5,000 feet from the edge of the sanitary protective area, 0 points.

(i) For river sources, the department shall assign points based on the distance of the grant property and match property up gradient from the intake and within the watershed of the source being protected, as follows:

(1) If any of the land is located within 400 feet of the intake, 20 points;

(2) If any of the land is located 400 to 1,000 feet from the intake, 15 points;

(3) If any of the land is located 1,000 to 2,000 feet from the intake, 10 points;

(4) If any of the land is located 2,000 to 3,000 feet from the intake, 5 points;

(5) If any of the land is located 3,000 to 4,000 feet from the intake, 2 points;

(6) If any of the land is located 4,000 to 5,000 feet from the intake, one point; or

(7) If any of the land is located more than 5,000 feet from the intake, 0 points.

(j) For surface water sources, the department shall assign points based on riparian frontage as follows:

(1) For riparian frontage that is within 5 miles of the intake or shore, 2 points for every 1,000 feet of frontage;

(2) For riparian frontage that is greater than 5 miles and less than 10 miles from the intake or shore, one point for every 1,000 feet of said frontage; and

(3) If the project includes land on both sides of a river or stream, the frontage on both sides shall be counted.

(k) For pond, lake, or impoundment sources, the department shall assign points based on the distance of the grant property or match property from the intake of the source being protected, as follows:

(1) If any of the land is within 400 feet of the shore, 20 points;

(2) If any of the land is 400 to 1,000 feet from the shore, 15 points;

(3) If any of the land is 1,000 to 2,000 feet from the shore, 10 points;

(4) If any of the land is 2,000 to 3,000 feet from the shore, 5 points;

(5) If any of the land is 3,000 to 4,000 feet from the shore, 2 points;

(6) If any of the land is 4,000 to 5,000 feet from the shore, one point; or

(7) If any of the land is more than 5,000 feet of the shore, 0 points.

(l) The department shall assign points based on the percentage of total project value, including cash and interests in land to be donated, that is to be provided as match by the applicant as follows:

(1) For a percentage of total project value greater than 75% but less than 85%, one point; or

(2) For a percentage of total project value of 85% or greater, 2 points.

(m) The department shall assign points based on the water supply protection measures that are or will be in effect, as follows:

(1) For sources for which a comprehensive source water protection program plan is being implemented, one point;

(2) For sources with source water protection area regulations in effect, one point;

(3) For sources with a source water protection area educational program in effect, one point;

(4) For sources with an established land acquisition plan, one point;

(5) For sources with existing source water protection area ownership beyond sanitary radius or control through easement by water suppliers or others, one point;

(6) For sources with a long-term plan for meeting system demand, one point; and

(7) For sources for which a water conservation plan is being implemented, one point.

(n) The department shall assign points based on the average per capita income and equalized taxable valuation for the municipality where those served by the water supply to be protected reside, based on the most recent available data, as follows:

(1) For an area with either or both of the averages above the statewide average, 0 points; and

(2) For an area with both of the averages below the statewide average, 2 points.

(o) The department shall assign 2 points for applications initiated or supported by the water supplier.

(p) The department shall assign one point for first-time applicants.

(q) The department shall assign one point to projects with a signed contractual agreement between the applicant and the landowner(s).

(r) The department shall assign one point to projects where the applicant has funds that are already authorized by the applicant’s governing body.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.13)

N.H. Code Admin. R. Ann. Env-Dw 1002.19 Notice of Selection; Required Actions

(a) The department shall notify each applicant in writing within 60 days of the final application deadline regarding whether the application has been selected for grant funding. The notice shall specifically state that the selection is contingent upon the completion of the requirements specified in (b) and, if applicable, (c), below.

(b) After a project has been selected for grant funding, the applicant shall complete the following for each grant property and match property prior to the department disbursing a grant:

(1) An environmental site assessment, in accordance with Env-Dw 1002.20(c) and (d), if required by Env-Dw 1002.20(b), that indicates that the land is not contaminated;

(2) A property survey in accordance with Env-Dw 1002.21;

(3) An appraisal in accordance with Env-Dw 1002.22;

(4) A title examination and legal opinion that there is clear and marketable title to the property in accordance with Env-Dw 1002.23;

(5) Baseline documentation in accordance with Env-Dw 1002.26(c); and

(6) A stewardship plan in accordance with Env-Dw 1002.26(d).

(c) Where the grantee is a municipality, the project shall be approved by the local governing body, as defined in RSA 672:6, of the municipality applying for the grant prior to the department awarding a grant.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.14)

N.H. Code Admin. R. Ann. Env-Dw 1002.20 Environmental Site Assessment Requirements

(a) The environmental site assessment specified in Env-Dw 1002.19(b)(1) shall be done in accordance with this section.

(b) The applicant shall submit an environmental site assessment for any grant property or match property:

(1) That contains any:

a. Known contamination; or

b. Potential contamination source; or

(2) For which the site walk performed by the department in accordance with Env-Dw 1002.17(b) identifies actual or potential sources of contamination.

(c) An environmental site assessment shall be performed by an environmental consultant who has at least 5 years’ experience in preparing site assessments.

(d) An environmental site assessment shall include the following:

(1) A history of land usage that covers from the present back to the property’s first developed use or to 1940, whichever is earlier;

(2) A description of the site inspection;

(3) A review of all department records relating to site investigations or other environmental assessments for all properties located within 1,000 feet of the property;

(4) A description of the review conducted pursuant to (3), above, including the date of the review and who conducted the review;

(5) A description of the findings from the review; and

(6) An opinion by the consultant that there are no contamination concerns on the grant property or any match property.

(e) The applicant shall submit the environmental site assessment to the department upon completion.

(f) The department shall accept the environmental site assessment if the environmental consultant certifies under penalty of false swearing that:

(1) He or she has at least 5 years’ experience in preparing site assessments; and

(2) The assessment was conducted in accordance with this section.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.15)

N.H. Code Admin. R. Ann. Env-Dw 1002.21 Property Survey Requirements

(a) The property survey required by Env-Dw 1002.19(b)(2) shall be done in accordance with this section if a survey of each grant property and match property does not already exist that meets the survey standards that were established by the New Hampshire board of land surveyors created under RSA 310‑A:55 (“board”) and that were in effect in New Hampshire at the time the notice under Env-Dw 1002.15(a) is provided.

(b) A New Hampshire licensed land surveyor shall perform a standard property survey for each property in accordance with the standards established by the board. If 2 or more properties are contiguous, the survey may be done on the combined contiguous properties.

(c) In addition to marking turning points as specified in the established survey standards, the boundary lines shall be visibly marked so that they can be located by an individual who wishes to walk the boundary of the property. If the marking is not permanent, it shall be renewed at sufficient intervals so as to remain visible.

(d) The survey plan shall include the boundaries and acreage of each property and the method and accuracy of the survey.

(e) Subject to (f), below, the applicant shall provide the department with one paper or electronic copy of the standard property survey for each grant property and each match property.

(f) The applicant may provide a digitized polygon file of the standard property survey for each grant property and each match property in lieu of the paper copy required by (e), above.

(g) The department shall accept the survey if the surveyor certifies under penalty of false swearing that the survey was conducted in accordance with the surveying standards established by the board.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.16)

N.H. Code Admin. R. Ann. Env-Dw 1002.22 Appraisal Requirements

(a) The appraisal required by Env-Dw 1002.19(b)(3) shall be completed in accordance with this section.

(b) The required appraisal shall be conducted by an appraiser as defined in RSA 310-B:2, XIX, who has at least 2-years’ experience in water supply land appraisals or conservation interest appraisals, as appropriate for the application.

(c) An appraisal shall be conducted for the grant property and for the match property based on the terms of the document prepared pursuant to Env-Dw 1002.24 to transfer the conservation interest and the survey performed pursuant to Env-Dw 1002.19(b)(2).

(d) The appraisal shall determine the fair market value of the grant property and of the match property.

(e) The appraisal shall be completed prior to the grant being awarded but no earlier than one year prior to the estimated date of transfer of the conservation interest, subject to (f), below.

(f) The department shall accept an appraisal that was completed more than one year prior to the estimated date of the transfer of the conservation interest if the applicant submits a written request to do so together with an update letter from an appraiser who meets the requirements of (b), above, that a market analysis shows that the fair market value of the property is within 5% of the value shown by the appraisal.

(g) If real estate prices have dropped in the county in which the grant or match property is located to such an extent that the validity of the original appraisal can reasonably be questioned, the department shall request the applicant to submit either:

(1) A new appraisal; or

(2) An update letter from an appraiser who meets the requirements of (b), above, that a market analysis shows that the fair market value of the property is within 5% of the value shown by the appraisal.

(h) The applicant shall submit the appraisal to the department.

(i) The department shall accept the appraisal if the appraiser certifies under penalty of false swearing that the appraisal:

(1) Meets the requirements of this section; and

(2) Was conducted in accordance with the requirements established by or under RSA 310-B in effect at the time the appraisal was conducted.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.17)

N.H. Code Admin. R. Ann. Env-Dw 1002.23 Title Examination and Opinion Requirements

(a) The title examination and opinion required by Env-Dw 1002.19(b)(4) shall be obtained in accordance with this section.

(b) The title opinion shall be based on an examination of the title of each grant property and each match property.

(d) The department shall accept the title examination and opinion if the individual rendering the opinion certifies under penalty of false swearing that the title examination was conducted in accordance with the title examination standards established by the New Hampshire Bar Association in effect when the opinion is rendered.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.18)

N.H. Code Admin. R. Ann. Env-Dw 1002.24 Conservation Interest Instrument Requirements

(a) Each conservation interest instrument shall:

(1) Uphold the conservation purposes of RSA 486-A in perpetuity;

(2) Protect the quality and sustainable yield of ground and surface water resources associated with the property;

(3) Safeguard the environmental values of the property that are dependent on water quality and quantity; and

(4) Convey the right to the State of New Hampshire to enforce the conditions and restrictions of the conservation interest and to recover the costs of such enforcement from the easement holder or property owner, or both, if the easement holder and property owner fail to enforce the conditions and restrictions.

(b) Each conservation interest instrument shall contain, at a minimum, the following restrictions:

(1) No industrial or commercial activities or improvements shall occur on the property except in conjunction with any water supply, agricultural, forestry, or outdoor recreational activities that are allowed by the instrument, subject to such conditions as are specified in the instrument;

(2) No land surface alterations shall occur on the property, such as filling, excavation, mining, and dredging, except in conjunction with any water supply, agricultural, forestry, or outdoor recreational activities that are allowed by the instrument, and only to the extent that they do not degrade or threaten to degrade the quality and sustainable yield of ground and surface water resources associated with the property;

(3) No wastes generated off the property shall be disposed of, stored, or discharged on the property;

(4) No substances that would be hazardous waste if discarded or abandoned shall be disposed of on the property, and no such substances shall be stored or applied on the property except in conjunction with any water supply, agricultural, forestry, or outdoor recreational activities that are allowed by the instrument, and provided that the storage and use do not threaten water supply protection and are specifically allowed by the instrument, subject to such conditions as are specified in the instrument;

(5) No motorized vehicles shall be allowed for recreational purposes, provided that snowmobiles as defined in RSA 215-A:1, XIII may be allowed if they are operated:

a. Only on snow and ice outside the sanitary protective area of public water supply well(s);

b. More than 250 feet from a surface water body being used as a public water supply;

c. More than 100 feet from tributaries contributing to such water bodies; except when crossing such tributaries; and

d. Only on designated snowmobile trails depicted on a plan approved by the department in accordance with Env-Dw 1002.25;

(6) No acts or uses shall occur on the property that would:

a. Degrade the water quality such that the standards set for public drinking water by the department would be threatened;

b. Cause an unsustainable quantity of water to be withdrawn; or

c. Harm state or federally recognized rare, threatened or endangered species; and

(7) Allowable activities, such as community drinking water supply, agriculture, forestry, and outdoor recreation, shall be conducted in accordance with a plan, best management practices, or conditions set forth in the instrument.

(c) If the instrument is conveying a conservation easement, all other customary rights and privileges of fee ownership shall be retained by the fee owner, including the right to privacy and to carry out all regular agricultural and forestry practices that are not prohibited by the restrictions.

History

(See Revision Note at part heading for Env-Dw 1002) #9490, eff 6-23-09; ss by #12441, eff 1-1-18 (formerly Env-Dw 1002.19)

N.H. Code Admin. R. Ann. Env-Dw 1002.25 Snowmobile Trail Plan Approval

(a) Designated snowmobile trails described in Env-Dw 1002.24(b)(5)d. shall be shown on a plan submitted to the department prior to the conservation interest document being filed.

(b) The plan shall:

(1) Show all existing and proposed trails; and

(2) Describe how users of the trails will be educated regarding the need to protect the conservation values of the property over which the trails run.

(c) If a new trail is added or an existing trail is moved after the original plan is approved, a modified plan shall be submitted to and approved by the department prior to the new or relocated trail(s) being used.

(d) The department shall review the plan and issue a written decision to approve or deny it within 30 days of receipt of a new or modified plan.

(e) The department shall approve the plan if the trails meet the criteria specified in Env-Dw 1002.24(b)(5)a. through c. and users of the trails will be educated regarding the need to protect the conservation values of the property over which the trails run.

History

#12441, eff 1-1-18 (formerly Env-Dw 1002.20)

N.H. Code Admin. R. Ann. Env-Dw 1002.26 Stewardship Requirements

(a) The grantee shall be responsible for ongoing stewardship of each conservation interest acquired, whether as grant property or as match property.

(b) The grantee shall:

(1) Determine the financial and management resources needed to monitor and enforce the terms of the conservation interest for each grant property and match property;

(2) Establish that it has or can obtain funds to monitor and enforce the terms of the conservation interest;

(3) Develop and submit to the department a stewardship plan to meet the requirements of (d), below; and

(4) Implement the stewardship plan to safeguard the drinking water Source.

(c) Prior to acquisition, the grantee shall prepare and submit a baseline documentation report that describes, in writing and with photographs, the condition of the property at the time of acquisition, including water quality and quantity data.

(d) The stewardship plan shall require the grantee to:

(1) Inspect the property annually to confirm that boundaries are being maintained and land is being appropriately protected according to the terms of the conservation interest and for the purpose of RSA 486-A;

(2) For property not held in fee simple, contact all landowners annually to inform the landowners of their obligations under the easement;

(3) Prepare and submit the annual stewardship report required by RSA 486-A:7, II(e) to the department, prior to January 31 of each year, containing the following:

a. A description of the site inspection conducted;

b. A map or sketch of the property, which may be a copy of the survey plan submitted pursuant to Env-Dw 1002.21, with the approximate route taken during the site inspection clearly delineated on the map or sketch;

c. A description of any physical changes to the property;

d. A description of any landowner contact conducted;

e. A description of any conditions that violate or may violate the provisions of the deed or easement or the intent of the conservation interest;

f. A description, including current status of any violations witnessed and remedial steps taken; and

g. The name or position title and contact information of the individual responsible for sending the annual stewardship report to the department;

(4) Notify the department of any change to the information required by (3)g., above, within 60 days of the change or by December 31 of the year in which the change occurred, whichever is earlier; and

(5) If snowmobiles are allowed by the conservation interest instrument, ensure that individuals using snowmobiles comply with the snowmobile trail plan approved pursuant to Env-Dw 1002.25.

(e) The grantee may contract with a person having expertise in conservation land management to perform one or more of the requirements of this section, however the grantee shall retain ultimate responsibility for all requirements.

History

#12441, eff 1-1-18 (formerly Env-Dw 1002.21)

N.H. Code Admin. R. Ann. Env-Dw 1002.27 Final Approval, Execution, and Deed Recordation

(a) The department shall approve a land transaction based on the following:

(1) Confirmation that the property is not contaminated based on any environmental site assessment performed in accordance with Env-Dw 1002.20;

(2) Confirmation of the property boundaries and acreage by the property survey performed in accordance with Env-Dw 1002.21;

(3) Negotiation of a price not to exceed the fair market value determined by the appraisal performed in accordance with Env-Dw 1002.22;

(4) Confirmation of clear and marketable title for the property as determined by the title examination conducted in accordance with Env-Dw 1002.23;

(5) Determination that the deed language requires that the land or interest in land remains in the public trust, prohibits land uses detrimental to water supply protection, and allows for public access, all in accordance with RSA 486-A:7, II(c)-(d) and Env-Dw 1002.24;

(6) Receipt by the department of the baseline documentation and stewardship plan prepared in accordance with Env-Dw 1002.26; and

(7) Confirmation that the match requirements have been met.

(b) Upon approving a land transaction as specified in (a), above, the department shall:

(1) Forward the requisite documentation to the governor and executive council to request approval of the grant; and

(2) Disburse the grant if approved by the governor and executive council.

(c) The grantee may complete the transaction prior to approval by the governor and executive council, but completion of the transaction shall not guarantee that the grant will be approved.

History

#12441, eff 1-1-18 (formerly Env-Dw 1002.22)

N.H. Code Admin. R. Ann. Env-Dw 1002.28 Procedure for Release of Lands Acquired with Grant Money

(a) As provided in RSA 486-A:13, I:

(1) No deviation in the uses of any grant property to uses or purposes not consistent with the purposes of this chapter shall be allowed; and

(2) The sale, transfer, conveyance, or release of any such land or interest in land from public trust shall be prohibited except when the conditions of RSA 486-A:13, II or III are met.

(b) A grantee who believes that the conditions of RSA 486-A:13, II or III are met may submit a written request to the department to release lands acquired with water supply land protection grant funds.

(c) The request shall explain why the grantee believes that the conditions of RSA 486-A:13, II or III, as applicable, are met.

(d) The department shall review the request to determine whether to release the land, using all available hydrogeologic and treatment technology information.

(e) The department shall inform the grantee of the decision in writing within 90 days of receiving the request.

(f) If the department releases the land, the department shall provide the grantee with a payment schedule within 90 days of approving a release of lands for repaying the grant as provided in RSA 486-A:13, II or III, as applicable.

History

#12441, eff 1-1-18 (formerly Env-Dw 1002.23)

N.H. Code Admin. R. Ann. Env-Dw 1002.29 Waivers

Any applicant or grantee who is or would be directly and adversely affected by the strict application of a rule in Env-Dw 1002 and who wishes to request a waiver shall do so as specified in Env-Dw 202.

Appendix A - Statute(s) Implemented

Rule Section(s)

Statute(s) Implemented

Env-Dw 1001.01

RSA 486-A:1

Env-Dw 1001.02

RSA 486-A:2

Env-Dw 1001.03

RSA 486-A:3; RSA 486-A:9, II(b)

Env-Dw 1001.04

RSA 486-A

Env-Dw 1001.05

RSA 486-A:4; RSA 486-A:9, II(b)

Env-Dw 1001.06

RSA 486-A

Env-Dw 1001.07

RSA 486-A:3, III; RSA 486-A:9, II(b)

Env-Dw 1001.08

RSA 486-A

Env-Dw 1001.09

RSA 486-A:9

Env-Dw 1001.10

RSA 486-A:9

Env-Dw 1001.11

RSA 486-A:5, I; RSA 486-A: 7, I; RSA 486-A:9, I(a)

Env-Dw 1001.12

RSA 486-A:9, I(b)-(f)

Env-Dw 1001.13

RSA 486-A:8

Env-Dw 1001.14

RSA 486-A:8; RSA 486-A:9, I(e)

Env-Dw 1001.15

RSA 9-B:4; RSA 486-A:8, III

Env-Dw 1001.16

RSA 486-A

Env-Dw 1002.01

RSA 486-A:1

Env-Dw 1002.02, 1002.03

RSA 486-A:2

Env-Dw 1002.02(g) & (h) (new)

RSA 486-A:2

Env-Dw 1002.03(a) & (b)

RSA 486-A:11, II

Env-Dw 1002.03(c)

RSA 486-A:11, III

Env-Dw 1002.03(d)

RSA 486-A:9, II(d); RSA 486-A:11, IV

Env-Dw 1002.03(e)

RSA 486-A:9, II(d); RSA 486-A:11, I , III, & V;

RSA 486-A:13

Env-Dw 1002.03(f) intro

RSA 486-A:9, II(d); RSA 486-A:11, I , III, & V;

RSA 486-A:13

Env-Dw 1002.04

RSA 486-A:11, II & III

Env-Dw 1002.04(a) & (b)

RSA 486-A:11, II

Env-Dw 1002.04(c)

RSA 486-A:11, III

Env-Dw 1002.04(d)

RSA 486-A:9, II(d); RSA 486-A:11, IV

Env-Dw 1002.04(e), (f)

RSA 486-A:9, II(d); RSA 486-A:11, I , III, & V;

RSA 486-A:13

Env-Dw 1002.05

RSA 486-A:11, II & III

Env-Dw 1002.05 intro, (a), (c), & (h)

RSA 486-A:2, III-a & VIII; RSA 486-A:7, II(a);

RSA 486-A:11, II

Env-Dw 1002.06

RSA 486-A:2, III-a & VIII; RSA 486-A:7, II(a);

RSA 486-A:11, II

Env-Dw 1002.06(b)(3) a.

RSA 486-A:2, III-a & VIII; RSA 486-A:3, II;

RSA 486-A:12

Env-Dw 1002.07

RSA 486-A:2, III-a & VIII; RSA 486-A:3, II;

RSA 486-A:12

Env-Dw 1002.08 - 1002.12

RSA 486-A:11, II & III

Env-Dw 1002.13

RSA 486-A:9, II; RSA 486-A:11, II & III

Env-Dw 1002.14

RSA 486-A:11, III

Env-Dw 1002.15

RSA 486-A:7, II(a) - (e); RSA 486-A:11, III

Env-Dw 1002.16

RSA 486-A:11

Env-Dw 1002.17 - 1002.19

RSA 486-A:8, II; RSA 486-A:11, IV

Env-Dw 1002.20

RSA 486-A:11, III

Env-Dw 1002.21 & 1002.22

RSA 486-A:11, I & III

Env-Dw 1002.23

RSA 486-A:11, III

Env-Dw 1002.24

RSA 486-A:1; RSA 486-A:11, III

Env-Dw 1002.24(a), (c) intro & (1), & (d)

RSA 486-A:11; RSA 541-A:22, IV

Env-Dw 1002.25

RSA 486-A:11, III

Env-Dw 1002.26

RSA 486-A:11, III & V

Env-Dw 1002.27

RSA 486-A:7, II(c) & (d); RSA 486-A:11

Env-Dw 1002.28

RSA 486-A:13

Env-Dw 1002.29

RSA 486-A:11; RSA 541-A:22, IV

Appendix B – Statutory and Regulatory Definitions

RSA 486-A:2

I. “Construction” means:

(a) The installation or building of:

(1) New wells or well buildings;

(2) Filtration systems and associated pump stations, pump equipment, chemical treatment systems, telemetry and metering equipment, and storage tanks; and

(3) Distribution mains and valves needed to interconnect the new wells or filtration system to the existing system as may be required by the department and the EPA or to interconnect public water systems to form a regional water system.

(b) Altering, improving or adding to existing water treatment or water source, storage or transmission main facilities or regional water system interconnections in order to meet the requirements of the surface water treatment rules or to meet the water needs of a regional water system.

(c) Engineering services related to the activities identified under this paragraph, including the scientific evaluation of the groundwater contributing area of public wells with recorded levels of chemical contaminants, excluding MTBE, using a method approved by the department.

III. “Eligible surface water treatment costs” means the actual cost of construction and related services necessary for a municipality to comply with the surface water treatment rules of the department of environmental services and the EPA, but shall not include the following:

(a) Land acquisition, except for land which shall be an integral part of a well system or filtration system;

(b) Easements and rights-of-way necessary to the project;

(c) Distribution systems and any improvement thereto not necessary for the municipality to achieve compliance with the surface water treatment rules; and

(d) Any administrative, legal, and fiscal costs related to the project.

III-b. “Eligible regional water system costs” means that portion of the costs of construction and related services attributable, as determined by the department, to the provision of water for domestic, commercial, or fire protection purposes, whether as routine supply or emergency reserve supply, through one or more of the interconnections that form a regional water system, but shall not include any of the following:

(a) Land acquisition, except for land which shall be an integral part of a well system or filtration system.

(b) Easements and rights-of-way necessary to the project.

(c) Distribution systems and any improvement thereto not necessary for the municipality to achieve compliance with the surface water treatment rules.

(d) Administrative, legal, and fiscal costs related to the project.

III-c “Eligible evaluation of the groundwater contribution area of public wells that have recorded levels of chemical contaminants excluding MTBE” means that portion of the actual costs of scientific evaluation of the contribution area of the sources of public drinking water, such as a well or surface water intake, through which water is likely to flow towards the source and related services attributable, as determined by the department, to the provisions of water for domestic, commercial, or fire protection purposes, whether as routine supply or emergency backup supply, through one or more interconnections that form a regional water system, but shall not include the following:

(a) Land acquisition, except for land which shall be an integral part of a well system or filtration system;

(b) Easements and rights-of-way necessary to the project;

(c) Distribution systems and any improvement thereto not necessary for the municipality to achieve compliance with the surface water treatment rules; and

(d) Any administrative, legal, and fiscal costs related to the project.

IV. “EPA” means the United States Environmental Protection Agency.

IV-a. “Future source of public drinking water supply” means:

(a) Stratified-drift aquifer areas identified by the department as favorable gravel well areas not constrained by existing development; and

(b) Other groundwater resources identified by the department as high-yielding aquifer areas not constrained by existing development.

V-b. “Groundwaters” means all areas below the top of the water table, including aquifers, wells, and other sources of groundwater.

VI. “Source water protection area” means the area around a source of public drinking water, such as a well or surface water intake, through which water is likely to flow towards the Source.

VII. “Stewardship” means ongoing surveillance of water supply protection land acquired pursuant to this chapter to ensure that the conservation intent is maintained.

VIII. “Water supply land protection grantee” means an entity that receives a water supply land protection grant to acquire and maintain in perpetuity land or easements for the purpose of protecting a drinking water Source. A water supply land protection grantee shall be a nonprofit organization exempt from taxation under section 501(c)(3) of the Internal Revenue Code and having public water supply or land conservation as its principal mission or a municipality.

Env-Or 602.07 “Contamination” means the presence of any regulated contaminant, as defined herein, other than naturally occurring substances at naturally occurring or background levels, in soil, groundwater, soil gas, air, sediment, surface water, construction/excavation debris, or any other material at a concentration that has the potential to adversely affect human health or the environment.

Env-Or 602.26 “Regulated contaminant” means “regulated contaminant” as defined in RSA 485-C:2, XIII, as reprinted in Appendix C.

RSA 485-C:2

Appendix C – Statutory Provisions

RSA 485-C:7 Potential Contamination Sources. –

I. Human activities or operations upon the land surface shall be considered potential contamination sources if the activity or operation poses a reasonable risk that regulated contaminants may be introduced into the environment in such quantities as to degrade the natural groundwater quality.

II. For purposes of this chapter, potential contamination sources shall include the following:

(a) Vehicle service and repair shops, including but not limited to: automobile, truck, and equipment service or repair shops, autobody shops; and aircraft fueling, deicing, and maintenance areas.

(c) Metalworking shops, including, but not limited to: machine shops; metal plating, heat treating, smelting and jewelry making shops.

(e) Underground and aboveground storage facilities for oil and hazardous substances, as defined in RSA 146-C.

(g) Transportation corridors, including, but not limited to, highways and railroads.

(h) Septic systems, including, but not limited to large septic systems which require a groundwater discharge permit under RSA 485-A:13.

(i) Laboratories and professional offices, including but not limited to: medical, dental, and veterinary offices; and research and analytical laboratories.

(k) Salt storage and use for winter road and parking lot maintenance.

(l) Snow dumps.

(m) Stormwater infiltration ponds or leaching catch basins.

(n) Cleaning services, including but not limited to: dry cleaners, laundromats; beauty salons; and car washes.

(o) Food processing plants, including but not limited to: meat packing and slaughterhouses; dairies; and processed food manufacture.

(p) Fueling and maintenance of excavation and earthmoving equipment.

(q) Concrete, asphalt and tar manufacture.

(r) Cemeteries.

(s) Hazardous waste facilities regulated under the Resource Conservation and Recovery Act, as implemented by RSA 147-A.

History

#12441, eff 1-1-18 (formerly Env-Dw 1002.24)

Chapter Env-Dw 1100 Drinking Water State Revolving Loan Fund Program

Part Env-Dw 1101 Purpose; Applicability; Use of Standard Terms

N.H. Code Admin. R. Ann. Env-Dw 1101.01 Purpose

The purpose of this chapter is to implement RSA 486:14 and 40 CFR Part 35, Subpart L, by establishing:

(a) The procedures and criteria applicable to public water systems that apply to the state for financial assistance from the drinking water state revolving loan fund (DWSRF) established pursuant to RSA 486:14; and

(b) The requirements for completing projects financed under the DWSRF, complying with DWSRF program loan conditions, and repaying or otherwise returning such assistance.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1101.02 Applicability

This chapter shall apply to any community water system or non-community non-profit water system that applies for financial assistance from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1101.03 Standard Terms

Any terms used in this chapter that are subject to Env-Dw 101.03 or that are defined in Env-Dw 103 shall have the meaning established therein.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Part Env-Dw 1102 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Env-Dw 1102.01 Administrative costs

“Administrative costs” means expenses associated with managing DWSRF projects. The term includes but is not limited to costs for engineering and other consultants, environmental and technical reviews of proposed projects, participation in state overview inspections, and accounting and disbursement functions.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.02 Allonge

“Allonge” means an amendment to initial loan documents in which the final project cost and repayment terms are established.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.03 Applicant

“Applicant” means an entity that files a pre-application or an application, or both, for financial assistance from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.04 Application

“Application” means the written document(s), with attachments, through which financial assistance is requested. The term includes the pre-application and the final application.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.05 Asset maintenance and renewal plan

“Asset maintenance and renewal plan” means a plan developed and implemented by a recipient to maintain and eventually replace water system infrastructure funded in whole or in part by the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.06 Asset management program

“Asset management program” means a systematic process of financing, inventorying, assessing, operating, maintaining, upgrading, and replacing assets.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.07 Authorized representative

“Authorized representative” means an individual authorized by the applicant to sign documents associated with applying for and receiving funds from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.08 Binding commitment

“Binding commitment” means a legal obligation between the state and a recipient that defines the terms and the timing for assistance under the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.09 Bypass procedure

“Bypass procedure” means the process used to skip over a project on the project priority list that is not ready to proceed.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.10 Capitalization grant

“Capitalization grant” means funds made available to the state by the federal government for use in the DWSRF program in accordance with:

(a) Section 1452 of the federal Safe Drinking Water Act, codified as 42 U.S.C. §300j-12 (federal SDWA); or

(b) Any other applicable federal initiative.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.11 Construction

“Construction” means the erection, building, acquisition, alteration, remodeling, improvement, or extension of any components of a water system.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.12 Contingency section

“Contingency section” means the portion of a project priority list consisting of projects that might receive financial assistance due to a bypass procedure or additional funds becoming available.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.13 Department

“Department” means the department of environmental services.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.14 Disbursement

“Disbursement” means a transfer of funds from the DWSRF to a recipient.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.15 Eligible costs

“Eligible costs” means project costs that are eligible for funding from the DWSRF, as specified in Env-Dw 1104.01.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.16 Eligible entity

“Eligible entity” means a governmental entity or non-governmental entity that owns an eligible system as defined in 40 CFR §35.3520, reprinted in Appendix C.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.17 Engineering services

“Engineering services” means consultations, investigations, reports, or other services relating to the design or construction, or both, of projects for which RSA 310-A requires a licensed professional engineer.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.18 Environmental review

“Environmental review” means an analysis of the potential impact on the human and natural environment of a project for which funding is sought from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.19 Excusable delay

“Excusable delay” means a delay that is beyond the recipient’s control in beginning or completing the planning, design, construction, or implementation of a project, such as a delay caused by an act of nature or war.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.20 Final project cost

“Final project cost” means the dollar amount of eligible project expenditures plus any unpaid interest on the loan accrued during project planning, design, or construction, or any combination thereof.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.21 Financial assistance

“Financial assistance” means funds provided from the DWSRF to pay, in whole or in part, eligible costs for a project, in any of the formats allowed by 40 CFR §35.3525, reprinted in Appendix C.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.22 Financial assistance agreement

“Financial assistance agreement” means the contract between the state and a recipient that establishes the rights and obligations of the state and the recipient relative to financial assistance from the DWSRF. The term includes original loan agreements, supplemental loan agreements, initial loan documents, and allonges.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.23 Fundable portion

“Fundable portion” means the portion of a project priority list that identifies projects scheduled for financial assistance within the limits of currently-available funds.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.24 Funding year

“Funding year” means the year that a project is funded from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.25 Governing body

“Governing body” means the group of individuals that has the authority and responsibility to authorize the applicant to enter into contracts and expend funds. The term applies to governmental entities as well as non-governmental entities.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.26 Governmental entity

“Governmental entity” means any of the following that has responsibility for providing drinking water for public consumption or otherwise funding a water system:

(a) Any state agency, board, or commission;

(b) Any political subdivision of the state, including but not limited to a county, city, town, or district; and

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.27 Green project

“Green project” means an infrastructure project that:

(a) Uses natural systems in place of or to supplement existing infrastructure or to protect or supplement water supply sources; or

(b) Incorporates water- or energy-efficiency improvements or other environmentally-protective measures.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.28 Infrastructure

“Infrastructure” means all structures and all mechanical and electrical equipment that connect a source of water to end users in a water system or that provide source water protection, including but not limited to all sources, treatment, storage, and distribution facilities and the land necessary therefor.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.29 Infrastructure project

“Infrastructure project” means a project intended to control, improve, or develop a water system’s source of water or its infrastructure, including the requisite planning, land acquisition, design, and construction. The term includes a green project.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.30 Initial loan documents

“Initial loan documents” means the initial financial assistance agreement between the state and a non-governmental recipient through which the state agrees to provide funds from the DWSRF to the recipient and the recipient promises to use the funds as specified in its application and to repay the funds to the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.31 Initiation of operation

“Initiation of operation” means the date on which a project that was funded in whole or in part using funds from the DWSRF is placed into use for the purposes for which it was intended.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.32 Intended use plan (IUP)

“Intended use plan (IUP)” means a document prepared by the department in accordance with 40 CFR 35.3555.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.33 Land acquisition

“Land acquisition” means the purchase of an interest in land that is needed to complete an eligible project, whether in fee or by easement. The term includes associated professional services such as appraisals, title searches, title opinions, and title insurance.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.34 Maintenance

“Maintenance” means actions taken to preserve the functional integrity and efficiency of infrastructure. The term includes preventive maintenance, corrective maintenance, and replacement of equipment and other infrastructure components, including but not limited to roofing, signs, and fences.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.35 Materially or significantly affect project cost or estimated revenues

“Materially or significantly affect project cost or estimated revenues” means a change in estimated costs or revenues of more than 10%.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.36 Materially or significantly affect project design

“Materially or significantly affect project design” means a change that would:

(a) Alter the project’s performance standards;

(b) Alter the type of water treatment provided by the project;

(d) Alter the design drawings and specifications, or the location, size, capacity, or quality of any major part of the project, such that amended plans and specifications are required under RSA 485:8 or the applicable sections of Env-Dw 400.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.37 Non-traditional project

“Non-traditional project” means a project other than one that will replace or enhance existing water treatment, storage, or distribution infrastructure.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.38 Operation

“Operation” means control of the processes and equipment that make up the water system. The term includes financial and personnel management, records, laboratory control, process control, safety, and emergency operation planning.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.39 Operation and maintenance

“Operation and maintenance” means activities required to ensure the safe, dependable, and economical function of a water system.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.40 Original loan agreement

“Original loan agreement” means the initial financial assistance agreement between the state and a governmental recipient through which the state agrees to provide funds from the DWSRF to the recipient and the recipient promises to repay the funds to the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.41 Person

“Person” means “person” as defined in RSA 485:1-a, XIII, reprinted in Appendix B.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.42 Planning

“Planning” for purposes of an eligible infrastructure project means preparing and evaluating reports and studies of alternative solutions to water system problems in order to select the most cost-effective feasible option.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.43 Pledge

“Pledge” means the act or process through which a recipient commits, obligates, and encumbers its real or personal property or its existing or anticipated revenues to the state as security and means for repayment of the financial assistance received by the recipient from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.44 Priority system

“Priority system” means the criteria in the IUP for ranking projects on the project priority list.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.45 Project

“Project” means the project proposed to be completed with DWSRF funding, including the planning, design, or construction, or any combination thereof, of any or all aspects of the project. The term includes infrastructure projects and non-traditional projects.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.46 Project cost

“Project cost” means the applicant’s total direct and incidental costs of acquiring services, materials, and land, constructing infrastructure, and implementing the project for which assistance is sought.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.47 Project priority list (PPL)

“Project priority list (PPL)” means the list of projects for which DWSRF assistance is expected to be offered in current and subsequent years. A project priority list can include a fundable portion and a contingency section.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.48 Project priority points

“Project priority points” means the total number of points assigned to a project by using the priority system established in the applicable IUP.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.49 Recipient

“Recipient” means an applicant that receives financial assistance from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.50 Repayment

“Repayment” means the payment of principal or interest, or both, on funds received as a loan by a recipient from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.51 Replacement

“Replacement” means the installation of new or refurbished equipment, accessories, or appurtenances for existing equipment, accessories, or appurtenances that no longer perform as originally intended.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.52 Resident project representative

“Resident project representative” means an individual who:

(a) Is qualified by reason of education and experience to inspect infrastructure projects; and

(b) Reports to a licensed professional engineer when the project’s plan and scope of work indicate supervision by an engineer is required.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.53 Responsible bidder

“Responsible bidder” means an entity that:

(a) Has the technical knowledge necessary to perform the contract;

(b) Has adequate financial resources to perform the contract;

(d) Is able to deliver or otherwise perform according to the contract schedule;

(e) Has either a history of satisfactory performance or no history of unsatisfactory performance;

(f) Has a good reputation for integrity as generally known in the industry or the community; and

(g) Has or can obtain necessary data, equipment, and other resources to perform the contract.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.54 Scheduled completion date

“Scheduled completion date” means the date stated in the original loan agreement or initial loan documents on which the project that received DWSRF funds is intended to be placed into use for the purposes for which it was intended.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.55 Security

“Security” means real or personal property or other collateral that is pledged by a non-governmental recipient to ensure repayment of a loan to the state.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.56 Significant adverse comments

“Significant adverse comments” means comments that cause the department to conclude that the recommended action might not be the alternative with the best balance between minimizing environmental impact and maximizing benefit to the applicant’s project.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.57 Source water protection (SWP)

“Source water protection (SWP)” means protection of the source of drinking water by delineating the area to be protected, acquiring undeveloped land or easements on such land in the protection area, identifying land uses which may threaten its use for water supply, managing or eliminating identified threats, and contingency planning.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.58 State revolving fund (SRF) attorney

“State revolving fund (SRF) attorney” means the attorney(s) under contract to the department for the purpose of providing:

(a) Legal review of initial loan documents and allonges; and

(b) Other legal services associated with providing financial assistance to non-governmental entities.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.59 State revolving fund (SRF) financial advisor

“State revolving fund (SRF) financial advisor” means the individual or entity under contract to the department for the purpose of assessing the financial risk of providing financial assistance to non-governmental entities.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.60 State

“State” means the state of New Hampshire.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.61 State match

“State match” means funds equaling the percentage of the capitalization grant that the federal SDWA requires the state to deposit into the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.62 Substantial completion

“Substantial completion” means that construction of the project, or a discrete part thereof, is sufficiently completed that the project or discrete part can be used for the purposes for which it is intended.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.63 Supplemental loan agreement

“Supplemental loan agreement” means an amendment to the original loan agreement between the state and a governmental recipient that stipulates the final project cost and applicable repayment terms.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.64 User charge

“User charge” means a charge levied on users of a water system for the user’s share of the cost of water system operation and maintenance, plus any allocable portion of capital improvements.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1102.65 Water system

“Water system” means a public water system as defined by RSA 485:1-a, XV, reprinted in Appendix B.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Part Env-Dw 1103 Establishment of Dwsrf

N.H. Code Admin. R. Ann. Env-Dw 1103.01 Authority for Loan Fund

RSA 486:14, I(a) authorizes New Hampshire “to participate in the federally funded state … drinking water revolving loan funds or grants as may be provided under the … Safe Drinking Water Act, or related federal legislation as amended from time to time. The loan funds shall be administered by the commissioner of the department of environmental services under rules adopted by the commissioner under the provisions of RSA 541-A.”

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1103.02 Deposits to DWSRF

Pursuant to RSA 486:14, the state shall deposit in the DWSRF the following:

(a) Capitalization grants as appropriated by the United States Congress;

(b) The state match as appropriated by the general court, deposited to the DWSRF on a schedule coinciding with the payment of federal funds into the DWSRF;

(d) Investment earnings credited to the assets of the DWSRF, which shall become part of the total assets of the DWSRF; and

(e) Any other funds as may be appropriated or available.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1103.03 Public Records

All records of the department relating to the financial assistance program covered by the rules of this chapter shall be public records available for public inspection by any interested person in accordance with RSA 91-A.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Part Env-Dw 1104 Eligibility; Pre-Application Requirements

N.H. Code Admin. R. Ann. Env-Dw 1104.01 Eligible Projects and Costs

(a) The following shall be eligible for financial assistance from the DWSRF:

(1) The categories of projects identified in 40 CFR § 35.3520(b), including but not limited to the following:

a. Installation, replacement, rehabilitation, or enhancement of treatment facilities so as to meet MCLs or SMCLs;

b. Rehabilitation or replacement of distribution systems and facilities;

c. Source development and rehabilitation;

d. Installation, rehabilitation, or enhancement of storage facilities;

e. Interconnections between water systems owned by eligible entities; and

f. Interconnections needed to consolidate water supplies where a supply has become contaminated or a system is unable to maintain compliance for technical, financial, or managerial reasons; and

(2) Any other projects authorized by EPA, including but not limited to:

a. Meters and meter reading equipment;

b. Innovative environmental projects that increase water use efficiency, reduce energy usage, or supplement existing infrastructure; and

c. Non-traditional projects.

(b) Eligible costs shall be as identified in 40 CFR §35.3520(c), subject to the following:

(1) Eligible land acquisition costs shall be limited to acquisition of an interest in land, whether in fee or by easement, that is needed to complete the eligible project, the value of which shall be calculated based on fair market value as determined by a certified appraisal; and

(2) Preparation of an asset management program, including an asset maintenance and renewal plan, shall be eligible for financial assistance from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1104.02 Additional Eligibility Criteria

In order to be eligible for financial assistance from the DWSRF, infrastructure projects also shall:

(a) Comply with applicable federal requirements;

(b) Comply with applicable state design criteria as specified in Env-Dw 400;

(c) For water supply treatment, distribution, or storage projects, meet eligible design capacity as determined in accordance with the following:

(1) The eligible design capacity shall be based on average daily flow and peak flows in accordance with population and per capita flow figures;

(2) Eligible design capacity for treatment facilities shall be based on a period of 20 years from the estimated date of initiation of operation; and

(3) Eligible design capacity for water distribution mains and intake or raw water mains shall be based on 40 years from the estimated date of initiation of operation;

(d) If a distribution system, consist of the common lines of the water system that distribute water directly from source or treatment facilities; and

(e) Meet any other requirements specified in the applicable capitalization grant.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1104.03 Pre-Application Procedures

(a) If requested by an entity that wants to apply for DWSRF funding, the department shall meet with the entity’s representative(s) to provide information, advice, instruction, guidance, and other information to help the entity determine the scope of work needed to describe an eligible project and complete the application process.

(b) Any entity that wants to receive financial assistance from the DWSRF shall file a pre-application by:

(1) Completing a pre-application as described in Env-Dw 1104.04;

(2) Signing and certifying the pre-application as described in Env-Dw 1104.05; and

(3) Submitting the completed, signed pre-application:

a. Electronically, per the instructions in the pre-application announcement that is available on the department’s website at www.des.nh.gov or electronically to dwsrf@des.nh.gov; or

b. In writing, by US Postal Service mail, private delivery service, or other in-hand delivery to:

NHDES Drinking Water SRF Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1104.04 Pre-Application Information

(a) To be processed as provided in Env-Dw 1104.06(a), the applicant shall provide the following information to the department on a “DWSRF Pre-Application Form”, NHDES-W-03-217, found at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-217:

(1) The water system’s name and PWS identifier;

(2) Whether the water system’s ownership is public or private;

(3) The water system’s address, including city or town, state, and zip code;

(4) The name, title, email address, and daytime telephone number of the applicant’s point of contact (POC) for the pre-application;

(5) A short title for the project and whether the project is design and preliminary engineering only, design and construction, or construction only;

(6) A concise description of the proposed project, for example “replace water main on Elm Street” or “upgrade treatment and storage system”;

(7) Whether the proposed project implements recommendations from an asset management plan;

(8) The amount of loan requested;

(9) The loan term requested; and

(10) If the applicant uses a paper-based pre-application, the name and title of the individual authorized by the applicant to sign the pre-application on behalf of the applicant.

(b) The applicant also shall provide to the department as much of the following information as practicable:

(1) A concise description of the need for the proposed project, including how it will address public health protection, whether it includes any energy or water efficiency components, and whether any alternatives have been considered;

(2) An estimate of total project costs, including construction costs, a construction contingency, and estimated planning and engineering costs, plus the amount and a description of any other costs;

(3) Whether there are other funding sources contributing to the project and if so, the source, the amount, and whether the funding has been secured;

(4) The current residential water rate per single family home per year;

(5) The median household income of the population served, which may be based on:

a. The results of an income survey done within the prior 3 years;

b. Data from the American Community Survey, available at http://www.census.gov/acs; or

c. Data available on the department’s website;

(6) The date the applicant received governing body approval to borrow funds for the project or the date the applicant anticipates receiving such approval; and

(7) The anticipated date that the:

a. Design will be started;

b. Construction contract will be awarded; and

c. Project will be completed.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1104.05 Pre-Application Signatures and Certifications

(a) The applicant shall sign and date the pre-application as follows:

(1) If the applicant uses a paper-based pre-application, the applicant’s authorized representative shall sign and date the pre-application and print their name and title in the location indicated; and

(2) If the applicant uses the electronic pre-application, submitting the pre-application shall constitute the signature and the date the submission is received by the department shall constitute the date of the pre-application.

(b) Submission of the pre-application, whether electronically or on paper, shall constitute certification by the applicant that:

(1) The information provided is true, not misleading, and as complete as practicable, to the knowledge and belief of the applicant;

(2) The applicant understands that any department determination that the applicant and the applicant’s project qualifies for funding from the DWSRF that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(3) The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(c) If the applicant’s authorized representative is, or is acting on behalf of, a listed engineer as defined in Env-C 502.10, the signature also shall constitute certification that the signer understands that the submittal of false or misleading information is grounds for debarring the listed engineer from the roster.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1104.06 Department Processing of Pre-applications

(a) The department shall include the applicant’s project on the preliminary project priority list (PPL) prepared pursuant to Env-Dw 1105.02 if:

(1) The pre-application contains sufficient information for the department to determine the identity of the applicant and the applicant’s POC, the nature and scope of the proposed project, and the term and amount of funding likely to be needed;

(2) The applicant is an eligible entity; and

(3) The proposed project meets the criteria specified in Env-Dw 1104.01 and Env-Dw 1104.02.

(b) If the applicant’s project does not meet the criteria in (a), above, to be placed on the preliminary PPL, the department shall notify the applicant of the reason(s) why in writing within 14 days of making the determination.

(c) In response to being notified that a project cannot be placed on the preliminary PPL, an applicant that is an eligible entity may modify or supplement any information and submit a new pre-application to the department no later than the end of the public comment period established pursuant to Env-Dw 1105.04(b)(2).

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Part Env-Dw 1105 Establishing Priority for Funding

N.H. Code Admin. R. Ann. Env-Dw 1105.01 Prioritization of Proposed Projects

(a) The department shall rank each project that is placed on the preliminary project priority list (PPL) pursuant to Env-Dw 1104.06 according to the priority system established in the applicable IUP based on the following objectives:

(1) Achieving compliance with the federal SDWA;

(2) Furthering public health protection;

(3) Maintaining affordability for the water user; and

(4) Achieving compliance with any applicable requirements of the specific capitalization grant from which the funds are provided.

(b) If available funds are sufficient to fund all projects for which pre-applications are accepted, the preliminary PPL shall contain the information specified in Env-Dw 1105.02 for all projects for which pre-applications have been accepted.

(c) If available funds are not sufficient to fund all projects for which pre-applications are accepted, the preliminary PPL shall contain:

(1) A fundable portion, consisting of those eligible projects to which available funds have been assigned; and

(2) A contingency portion, consisting of those eligible projects that will receive financial assistance if funds become available.

(d) If 2 or more projects on the list have equal points under the project priority system, the project with the greatest existing population served shall receive the higher ranking.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1105.02 Preliminary Project Priority List (PPL)

The department shall prepare a preliminary PPL by listing the eligible projects in order of their priority as established pursuant to Env-Dw 1105.01, together with the following information for each project on the list:

(a) The name of the applicant;

(b) The name and location of the applicant’s water system;

(d) The population served by the water system;

(e) Whether the service area qualifies for disadvantaged community status, considering its median household income if known at the time of submission of the pre-application;

(f) Project priority points in accordance with the priority system; and

(g) The amount of financial assistance requested.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1105.03 Proposed Intended Use Plan (IUP)

(a) For each capitalization grant, the department shall prepare a proposed IUP that complies with 40 CFR §35.3555, any DWSRF guidance issued by EPA, and any requirements established in the applicable capitalization grant.

(b) The proposed IUP shall include:

(1) The items required by 40 CFR §35.3555, as reprinted in Appendix C;

(2) A description of any funding available for non-traditional projects;

(3) A description of any funding options being offered by or through the department in addition to those listed in Env-Dw 1107.01(a)(1)-(4); and

(4) An explanation of how interest rates that comply with 42 U.S.C. 300j-12(f)(1)(A) will be established for funds provided under the proposed IUP, including whether the interest rate will be subject to adjustment in response to market conditions.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1105.04 Opportunity to Comment

; Final IUP, PPL.

(a) The department shall provide an opportunity for applicants and the public to review and comment on the proposed IUP and the preliminary PPL in accordance with this section.

(b) The department shall:

(1) Schedule a non-adjudicative public hearing to receive comments on the proposed IUP and the preliminary PPL;

(2) Establish a deadline for receiving written public comments, which shall be not less than 5 non-holiday weekdays after the public hearing;

(3) At least 7 calendar days prior to the scheduled public hearing, send to each person that filed a pre-application a notice of the hearing and deadline for public comment together with a copy of, or a link to, the proposed IUP and the preliminary PPL; and

(4) At least 7 calendar days prior to the date of the hearing, post on its website, www.des.nh.gov:

a. A notice that the proposed IUP and preliminary PPL are available for review and comment, together with the date, time, and place of the public hearing and the deadline for submitting comments; and

b. A copy of the proposed IUP and preliminary PPL.

(1) Conduct the public hearing in accordance with the provisions of Env-C 200 that apply to non-adjudicative proceedings;

(2) Provide information about the proposed IUP and the preliminary PPL; and

(3) Accept oral and written comments on the documents.

(d) After the end of the public comment period, the department shall consider all comments received and finalize the proposed IUP and preliminary PPL by making such adjustments as are appropriate based on the comments, including but not limited to revising the number of priority points assigned to a project based on additional or revised information and re-ordering the projects to account for the changed point totals.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1105.05 Allocation of Funds

(a) After completing the process specified in Env-Dw 1105.03, the department shall allocate the available funds starting with the highest priority project on the PPL and proceeding down the PPL until all available funds have been allocated. The projects for which funding is initially available shall comprise the fundable portion of the PPL. Any projects for which funding is not initially available shall be listed in the contingency section of the PPL.

(b) Within the limits of available funds, the department shall fund projects over multiple years if project design and all phases of construction cannot be accomplished within the timeframes established in the IUP prepared pursuant to Env-Dw 1105.04. Subsequent portions of such projects shall be listed in the funded portion of the following year’s PPL, and in the funded portion for future years, as applicable.

(1) Become effective and supersede all previous lists upon finalization of the IUP as specified in Env-Dw 1105.04; and

(2) Remain in effect until such time as it is superseded by a new list, subject to Env-Dw 1105.06.

(d) The department shall notify each person who submitted a pre-application of whether the person’s project is on the fundable or contingency portion of the PPL. For those applicants whose projects are on the fundable portion, the department shall provide instructions for filing a final application as described in Env-Dw 1106.01.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1105.06 Management of the PPL

(a) A project on the fundable portion of the PPL shall be bypassed if the project will not be ready to proceed during the funding year. Projects that have been bypassed shall be placed in the contingency section and funded if the project is ready to proceed when sufficient funds become available.

(b) The department shall update the PPL as needed to reflect any necessary changes, such as revised estimated construction assistance amounts and project bypass.

(c) If additional funds become available during the time period covered by the IUP, the department shall extend the fundable portion of the PPL to include as many of the projects in the contingency section of the PPL that are ready to proceed as can be funded, in priority order.

(d) The department shall remove a project from the PPL if any of the following is true:

(1) The project is fully funded from other sources;

(2) The project is found to be ineligible based on information received by the department subsequent to the placement of the project on the list;

(3) The applicant informs the department in writing that it does not intend to pursue financial assistance from the DWSRF; or

(4) The applicant loses its managerial or financial capability to construct and implement the project.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Part Env-Dw 1106 Procedures for Receipt of Dwsrf Funds

N.H. Code Admin. R. Ann. Env-Dw 1106.01 Final Application Requirements

An applicant whose project is on the PPL who wishes to obtain funding shall submit to the department the following:

(a) The information required for a final application specified in Env-Dw 1106.03 on or with “Form 1: Final Application”, NHDES-W-03-064, December 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-064;

(b) Confirmation of the applicant’s authority to borrow as specified in Env-Dw 1106.04;

(d) A capacity assurance self-assessment as specified in Env-Dw 1106.06;

(e) The bank information specified in Env-Dw 1106.07;

(f) A planning document as specified in Env-Dw 1106.08; and

(g) Verification of a revenue program as specified in Env-Dw 1106.09.

N.H. Code Admin. R. Ann. Env-Dw 1106.02 Conditions Arising from Application

By applying for financial assistance, the applicant shall be deemed to have agreed to the following:

(a) From the time of first application for financial assistance for a project throughout all stages of construction and implementation, and at any other time while any assistance from the DWSRF to the recipient is outstanding, the recipient shall allow the department to inspect:

(1) The project and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project for which application is made; and

(2) Any and all books, accounts, records, contracts or other instruments, documents, and other information possessed by the recipient or its contractors, agents, employees or representatives which relate in any respect to the receipt, deposit, or expenditure of financial assistance funds; and

(b) After project completion, the recipient shall allow the department to conduct periodic site visits to confirm that the project is functioning as intended.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1106.03 Information Required for Final Application

The information required by Env-Dw 1106.01(a) shall be as follows:

(a) The water system’s name and PWS identifier;

(b) Whether the applicant is a governmental or non-governmental eligible entity;

(c) The water system’s mailing address, including street name and number or post office box number, city or town, and zip code with 4-digit extension;

(d) The name, title, email address, and daytime telephone number including area code of the applicant’s contact for:

(1) Questions regarding the final application; and

(2) Repayment billing;

(e) A short title for the project;

(f) The primary location where the work will be done;

(g) A concise explanation of the need for the proposed project, including how it will address public health protection, compliance with the federal SDWA, whether it includes any energy or water efficiency components, and whether any alternatives have been considered;

(h) An estimate of the following project costs:

(1) Estimated construction costs;

(2) A construction contingency of 10%;

(3) Estimated planning and engineering costs;

(4) The amount and a description of any other costs; and

(5) The total estimated costs;

(i) The amount of the loan being requested;

(j) The term requested based on Env-Wq 1107.04(c), table 1107-1;

(k) The current residential water rate per single family home per year;

(l) The tentative project schedule, including:

(1) The actual or anticipated date the applicant was or will be authorized by its governing body to borrow funds for the project;

(2) The actual or anticipated date the design was or will be started;

(3) The anticipated date the construction contract will be awarded; and

(4) The anticipated date the project will be completed;

(m) The applicant’s data universal numbering system (DUNS) number or, if the applicant does not have a DUNS number, the DUNS number obtained by the applicant from the Dun & Bradstreet (D&B) website at http://www.dnb.com/duns-number.html;

(n) A state vendor code number obtained pursuant to the vendor code requirements established by the New Hampshire department of administrative services, currently Adm 603;

(o) For a non-governmental applicant, whether the applicant received the threshold amount or more in U.S. federal contracts, subcontracts, loans, grants, subgrants, or cooperative agreements, or any combination thereof as required for prime recipient executive compensation reporting in accordance with Public Law 109-282, the Federal Funding Accountability and Transparency Act of 2006 as amended;

(p) The name and title of the individual authorized by the applicant to sign the application on behalf of the applicant;

(q) For governmental applicants, a letter signed by an authorized representative stating whether or not the applicant has any debt outside the NH Municipal Bond Bank and, if the debt is rated, the rating;

(r) For non-governmental applicants, documentation of the extent of the applicant’s existing debt; and

(s) A copy of the applicant’s latest annual report or financial statements.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1106.04 Applicant’s Authority to Borrow

(a) For a governmental applicant, the confirmation required by Env-Dw 1106.01(b) shall consist of proof that the applicant’s governing body passed or approved a valid warrant article or resolution, as applicable, using “Form 2A: Authority to Borrow - Publicly Owned Systems”, NHDES-W-03-023, January 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-023, that:

(1) Authorizes the applicant to:

a. Raise, appropriate, and spend the amount of funds to be requested for the identified project;

b. Apply for funding for the identified project; and

c. Enter into a binding contract to repay all funds received as a loan;

(2) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(3) Identifies, by name and title, each individual who is authorized to sign the original loan agreement and supplemental loan agreement should funds be awarded; and

(4) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements.

(b) The proof required by (a), above, shall be in a written document that is certified and sealed by the town clerk or equivalent.

(c) For a non-governmental applicant, the confirmation required by Env-Dw 1106.01(b) shall consist of proof that the applicant’s governing body passed a valid resolution, using “Form 2B: Authority to Borrow - Privately Owned Systems”, NHDES-W-03-024, November 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-024, that:

(1) Authorizes the applicant to:

a. Apply for funding from the DWSRF for the identified project;

b, Enter into a binding contract to repay all funds received as a loan; and

c. Pledge security to the state to ensure such repayment;

(2) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(3) Includes any other approval actions required to authorize borrowing of funds;

(4) Identifies, by name and title, each individual who is authorized to enter into a loan agreement with the State of New Hampshire and to authorize the granting of a security interest in the name of the recipient for the purpose of securing the water system improvements loan should funds be awarded; and

(5) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements.

(d) A non-governmental applicant shall submit with the proof required by (b), above, copies of:

(1) The applicant’s bylaws or articles of incorporation, or both, as applicable; and

(2) The approved minutes of the meeting at which the resolution was approved.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1106.05 Report of Environmental Review

The information required by Env-Dw 1106.01(c) shall be as follows, submitted on or with “Form 3: Environmental Review”, NHDES-W-03-058, December 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-058:

(a) The water system’s name, mailing address, and PWS identifier;

(b) The short title for the project and the project number assigned by the department;

(d) An introductory paragraph that reads as follows, with the water system’s name filled in:

“The [PWS Name] has applied for funds through the State of New Hampshire Department of Environmental Services Drinking Water State Revolving Loan Fund (DWSRF), in accordance with NH Code Admin. Rules Env-Dw 1100. This document fulfills the requirements of Env-Dw 1106.01(c) relative to providing information on the environmental review required by Env-Dw 1108.”

(e) An overview of the applicant’s water system and its customers, including the system’s source(s), capacity, number of service connections, and approximate population served;

(f) An explanation of the need and justification for the proposed project and a description and analysis of all reasonable alternatives, including a “no action” alternative, that the applicant considered during project planning;

(g) A description of the scope of the proposed project, including preconstruction work, and the following:

(1) Maximum area of disturbance in square feet or acres, both temporary and permanent;

(2) How many trees are planned to be removed or trimmed, if any, and when;

(3) Any potential culvert installations on perennial streams or impacts to wetlands or surface waters; and

(4) If replacement or removal of any structures is proposed, include the year the structure was built;

(h) The estimated cost of the overall project;

(i) How much the applicant has applied to borrow from the DWSRF;

(j) A list of each document that is available for public review that supplements the information provided pursuant to (e)-(g), above;

(k) A summary of potential environmental impacts arising from the proposed project relative to air emissions, noise, surface water, groundwater, wetlands, shoreland, floodplains, plants and wildlife;

(l) A summary of potential impacts on the community in terms of social and economic aspects, recreation, historic sites, and indirect impacts;

(m) The date the applicant’s governing body authorized funding for the project or is expected to authorize such funding and the amount authorized;

(n) A statement that the applicant agrees to publish a public notice to initiate a comment period on the report;

(o) An 8.5-inch by 11-inch copy of a topographic map at a scale that clearly identifies the location of the project and maximum extent of disturbance;

(p) Site plans with a scale bar indicating project location and maximum extent of disturbance;

(q) Any other supporting documentation such as shapefiles depicting the project limits of disturbance, consultations or correspondence with other natural resource agencies, environmental review documents prepared for other funding agencies, natural resource surveys or investigations, and planning documents;

(r) Photographs of the proposed project area and any existing structures to be replaced or renovated; and

(s) An affirmation, if true, that the applicant has permission from the landowner for the department to submit NH DNCR-natural heritage bureau “DataCheck” and division of historical resources “Request for Project Review” for the proposed project.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1106.06 Capacity Assurance Self-Assessment

(a) The capacity assurance self-assessment required by Env-Dw 1106.01(d) shall consist of the following, provided using “Form 4: Capacity Assurance Self-Assessment”, NDES-W-03-125, January 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-125:

(1) The name and PWS identifier of the applicant;

(2) The name, title, email address, and daytime telephone number including area code of the individual who completed the self-assessment; and

(3) Answers to the questions listed in (c)-(e), below, or such other questions as may be required for the department to assess capacity as listed in the applicable IUP.

(b) The applicant shall:

(1) Answer yes, no, not applicable, or don’t know to each question; and

(2) Provide any supplemental information requested.

(1) Has record drawings or plans of its distribution system;

(2) Has a list of assets such as pumps, wells, tanks, and water mains, and if so whether the list is complete or only partial;

(3) Has a sufficient quantity of water to meet peak water demands;

(4) If the area in which the water system is located has experienced drought conditions, whether the system experienced insufficient water quality during the drought;

(5) Has a means to record daily water volume and to obtain discrete water samples from each source;

(6) Conducts water audits to determine the volume of unaccounted-for water;

(7) Has had, in the past year, any monitoring or reporting violations at its drinking water system;

(8) And its operators, equipment, and infrastructure are safe from electrical, chemical, falling, or other physical hazards;

(9) Has an operations and maintenance manual for its drinking water system; and

(10) Flushes the distribution system piping at least annually;

(d) The questions relating to managerial capacity shall be whether the applicant:

(1) Has a current organizational chart identifying system management and operations staff;

(2) Has a written master plan or asset management plan for long range planning;

(3) Logs or otherwise tracks and addresses customer questions or complaints;

(4) Engages in general public education beyond consumer confidence reports;

(5) Has explicit rules and standards for customer-driven system modifications;

(6) Updates and practices its emergency response plan;

(7) Has a system for scheduling routine preventive maintenance; and

(8) Obtains any regular or occasional technical assistance from outside sources such as a consulting engineer, other regulated utilities, or organizations specifically dedicated to providing technical assistance.

(e) The questions relating to financial capacity shall be whether the applicant:

(1) Reviews its water rates annually;

(2) Has a water rate that is greater than one percent of the community’s median household income;

(3) Prepares a written annual budget with water system expenses and revenues;

(4) Has a capital improvement plan (CIP);

(5) Funds a capital reserve account based on life-cycle cost; and

(6) Currently operates on a break-even basis or better.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1106.07 Bank Information

The bank information required by Env-Dw 1106.01(e) shall be as follows:

(a) The name of the recipient;

(b) The project number from the PPL;

(c) The name, title, daytime telephone and fax numbers including area code, and email address of the individual who will be the contact for billing and notifications of fund transfers;

(d) The name, title, daytime telephone and fax numbers including area code, and email address of the individual who will be the contact for audits;

(e) The name, mailing address, and main telephone number including area code of the recipient’s financial institution;

(f) The name, title, daytime telephone and fax numbers including area code, and email address of the recipient’s point of contact at the financial institution;

(g) The recipient’s financial institution’s ABA routing number for ACH transactions;

(h) The name on the account and the type of account, for example checking or savings; and

(i) The account number.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1106.08 Planning Document

The planning document required by Env-Dw 1106.01(f) shall facilitate review of the proposed project and alternatives thereto from the viewpoints of function, operation, economics, reliability, safety, efficiency, cost-effectiveness, and environmental compatibility, by providing the following:

(a) Identification of the planning area boundaries and characteristics and the existing needs related to the water system;

(b) A cost-benefit analysis of feasible water systems or conveyance alternatives capable of meeting state and federal requirements, which details all monetary costs including the present worth or equivalent annual value of all capital costs and operation;

(d) The most current estimate of project cost itemized as to major facilities or items including land and easement costs, fees for engineering services, fees for legal services, fees for financial services, contingencies, and interest during construction;

(e) A statement of the legal, institutional, managerial, and financial capacity to construct, operate, and maintain the water system as specified in Env-Dw 601; and

(f) A statement that the applicant has a program in place for funding the maintenance and eventual replacement of the funded asset, or, if there is no such program in place, a plan for developing an asset maintenance and renewal plan as part of the funded infrastructure project.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1106.09 Establishment and Verification of Revenue Program

(a) The applicant shall establish:

(1) A schedule of user charges that is designed to generate sufficient revenues to cover operation and maintenance expenses as well as any allocable portion of capital improvements; and

(2) A dedicated source or sources of revenue to repay the loan.

(b) For purposes of (a)(2), above, a revenue source shall be considered dedicated when the recipient passes or adopts an ordinance or other binding resolution committing the source of funds for repayment to the DWSRF.

(c) The applicant’s ordinance or other binding resolution dedicating a source of funding for repayment of the loan shall be in effect and binding on the applicant prior to the loan agreement taking effect.

(d) For an applicant that is a governmental entity, the verification required by Env-Dw 1106.01(g) shall be made using “Form 5A: Financial Certification for Publicly-Owned Systems”, NHDES-W-03-182, January 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-182, by:

(1) Identifying the source of repayment;

(2) Stating whether or not the applicant has existing debt outside the New Hampshire municipal bond bank and, if so, the amount of the debt and whether the debt is rated and, if the debt is rated, the rating; and

(3) Certifying that:

a. The applicant has the financial capability to support both the project loan repayment and continuing operation and maintenance of its water system; and

b. The applicant will conduct and report on a financial audit, including compliance and controls, in any fiscal year that it receives federal funds in excess of the threshold amount set under the federal Single Audit Act in OMB Circular A-133 or successor document; and

(e) For an applicant that is a non-governmental entity, the verification required by Env-Dw 1106.01(g) shall be made using “Form 5B: Financial Certification for Privately Owned Systems”, NHDES-W-03-183, January 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-183, by:

(1) Identifying the source of repayment; and

(2) Certifying that:

a. The applicant has the financial capability to support both the project loan repayment and continuing operation and maintenance of its water system; and

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1106.10 Signatures and Certifications for Final Applications

(a) The applicant’s authorized representative shall sign and date the final application as follows:

(1) If the applicant uses a paper-based application, the authorized representative shall sign and date the application and print their name and title in the location indicated; and

(2) If the applicant uses the web-based application, submitting the application shall constitute the signature and the date the submission is received by the department shall constitute the date of the application.

(b) Submission of the application, whether electronically or on paper, shall constitute certification by the signer that:

(1) The signer has been duly authorized by the applicant to sign the application;

(2) The information provided is true, complete, and not misleading to the knowledge and belief of the signer;

(3) The applicant understands that any department determination that the applicant and the applicant’s project qualifies for funding from the DWSRF that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(4) The applicant and the signer are subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1106.11 Final Application Processing

(a) The department shall determine that the application is complete and all or a portion of the proposed project is eligible for financial assistance from the DWSRF if:

(1) All or a portion of the proposed project is within the scope of eligible projects identified in Env-Dw 1104;

(2) The applicant has submitted all information and documents required by Env-Dw 1106.01; and

(3) The applicant has signed the application as required by Env-Dw 1106.10.

(b) The department shall notify the applicant in writing:

(1) If the application is incomplete; and

(2) Of its eligibility determination.

(c) If the department determines that the applicant’s project is not eligible, the notice sent pursuant to (b), above, shall specify the reason(s) for the determination and inform the applicant that the department will reconsider the determination if the applicant submits modified or supplemental information within 30 days of the date of the notice.

(d) If the applicant wants the department to reconsider its determination that a project is ineligible, the applicant shall submit modified or supplemental information within 30 days of the date of the notice and request the department to reconsider its decision in light of the new information.

(e) Upon receipt of a request to reconsider in light of new information, the department shall review the information and make a decision in accordance with (a) through (c), above, except that no further reconsideration shall be undertaken.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Part Env-Dw 1107 Financial Assistance; Payments; Accounting

N.H. Code Admin. R. Ann. Env-Dw 1107.01 Types of Assistance and Related Conditions

(a) Financial assistance shall be in one of the formats authorized by 40 CFR §3525, an alternate format described in a specific IUP as authorized by a specific capitalization grant, or any other format authorized by EPA, only if:

(1) The applicant is the legal owner of the water system;

(2) The water system for which the project is proposed is on the state inventory of water systems;

(3) The proposed project is listed on the current project priority list; and

(4) If applicable, the project has approved plans and specifications and a construction approval issued by the department.

(b) Loans shall be made only with the following conditions:

(1) A loan shall have a term not to exceed the maximum number of years allowed by 40 CFR § 3525 or the applicable capitalization grant;

(2) Principal and interest payments shall commence within one year of project completion, in accordance with RSA 486:14, III and 40 CFR §35.3525;

(3) The recipient shall establish a dedicated source of revenue for repayment of the loan in accordance with Env-Dw 1106.06; and

(4) The recipient shall develop and implement an asset maintenance and renewal plan for any DWSRF-funded infrastructure project using “Form 6: Asset Management Maintenance and Renewal Plan”, NHDES-W-03-185, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-185, dated November 9, 2020.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.02 Original Loan Agreements (OLAs) for Governmental Entities

(a) Following acceptance of an application from a governmental entity and upon determining that funds are available, the department shall prepare an original loan agreement (OLA) that contains the following provisions:

(1) The loan amount;

(2) The interest rate for the loan;

(3) The length of the repayment term;

(4) A description of the project;

(5) Authorization for representatives of the department and applicable federal agencies to examine any of the loan recipient’s records that pertain to transactions relating to the loan agreement, construction contracts, engineering contracts, or other consulting contracts for the purpose of inspection, audit, and copying during normal business hours;

(6) A requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements; and

(7) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(b) The department shall transmit the OLA to the recipient for review. If the recipient agrees with the terms, the recipient shall sign and date the OLA and return the signed OLA to the department.

(c) Upon receipt of a signed OLA, the department shall sign the OLA and submit the OLA to the governor and executive council (G&C) for approval.

(d) If approved by the G&C, then:

(1) The OLA shall be effective upon approval by the G&C; and

(2) The department shall send a copy of the approved OLA to the recipient.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.03 Initial Loan Documents (ILDs) for Non-Governmental Entities

(a) Following acceptance of an application from a non-governmental entity and upon determining that funds are available, the department shall send the applicant’s financial information to the SRF financial advisor for review.

(b) If the department determines, based on the assessment provided by the SRF financial advisor, that lending money to the applicant would not pose an unreasonable risk of loss due to non-repayment of funds provided to the applicant, the department shall prepare the initial loan documents (ILD) that contain the following provisions:

(1) The loan amount;

(2) The interest rate for the loan;

(3) The length of the repayment term;

(4) A description of the project;

(5) Authorization for representatives of the department and applicable federal agencies to examine any of the loan recipient’s records that pertain to transactions relating to the loan agreement, construction contracts, or engineering contracts for the purpose of inspection, audit, and copying during normal business hours;

(6) A requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements;

(7) Security for the loan; and

(8) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(d) If the applicant agrees to the terms of the ILD and the SRF attorney does not identify issues that could cause the ILD to not be enforceable, the department shall submit the unsigned ILD to the G&C for approval.

(e) If the G&C approves the ILD, the department and the recipient shall schedule a loan closing for a mutually-acceptable date and time.

(f) The recipient shall bring the following documents to the closing:

(1) Proof of authority to enter into contracts in New Hampshire, such as a certificate of good standing from the New Hampshire secretary of state’s office that is valid on the date of the loan closing;

(2) If the recipient was formed under the laws of a jurisdiction other than New Hampshire, a certificate of good standing from the state of incorporation or other registration that is valid as of the date of the loan closing; and

(3) Any additional documents identified by the SRF attorney and identified in the loan closing agenda.

(g) After the recipient signs the ILD, the department shall:

(1) Sign the ILD; and

(2) Provide a copy of the signed ILD to the recipient, the SRF financial advisor, and the SRF attorney.

(h) The ILD shall be effective upon signing by the recipient and the department.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.04 Interest Rates Established

(a) The interest rate charged on the outstanding balance of disbursed funds prior to the scheduled completion date or substantial completion date shall be equal to 1.0 % annually.

(b) The interest rate charged on the outstanding balance of disbursed funds after the date of scheduled completion or substantial completion, whichever is earlier, shall be based on the repayment period selected by the applicant and the interest rate established in the applicable IUP (IUP rate) that is in effect at the time the loan agreement is transmitted to the loan recipient pursuant to Env-Dw 1107.02(b) or Env-Dw 1107.03(c), as applicable, as shown in (c), below.

(c) Unless otherwise specified in the applicable IUP, and subject to adjustment pursuant to Env-Dw 1107.11, the interest rate based on the repayment period selected by the applicant shall be as shown in table 1107-1, below:

Table 1107-1: Interest Rate Based On Repayment Period Selected by Applicant

Repayment Period Selected

Interest Rate

5 years

25% of IUP rate

10 years

50% of IUP rate

15 years

75% of IUP rate

20 years

80% of IUP rate

More than 20 years, if available under the specific capitalization grant from which the funds are loaned

Calculated as specified in the

applicable IUP

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.05 Accrual of Interest Charges; Administrative Fee

(a) Interest on any loan funds disbursed to the recipient shall begin to accrue on the date of each disbursement of such funds by the state.

(b) The recipient shall pay interest charges incurred on disbursed funds by choosing to pay:

(1) Prior to the commencement of the loan repayment;

(2) At the time of the first repayment;

(3) By adding the accrued interest to the outstanding principal balance, provided the resulting balance does not exceed the amount of the approved loan; or

(4) A combination of (1) through (3), above.

(d) As required by RSA 486:14, I(b), the department shall set aside as an administrative fee a sum equal to 2% of all loan principal balances outstanding each year. For any loan for which the interest rate is less than 2%, the administrative fee shall equal the interest rate.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.06 Timely Use of Funds

(a) A recipient shall begin to expend funds within 6 months of the effective date of the original loan agreement or initial loan documents, as applicable.

(b) If a recipient fails to comply with (a), above, the department shall request the recipient to show cause why the loan should not be cancelled.

(1) Be in writing;

(2) Specify a date by which the recipient must respond to the request, which shall be not less than 20 working days from the date of the notice; and

(3) Inform the recipient that the recipient may request an adjudicative hearing prior to the loan being cancelled.

(d) If the recipient wishes to have an adjudicative hearing, the recipient shall:

(1) Respond in writing to the request sent by the department pursuant to (b), above; and

(2) Include a request for a hearing in the response.

(e) If the recipient requests an adjudicative hearing and a settlement is not reached, the hearing shall be conducted in accordance with the provisions of Env-C 200 that apply to such hearings.

(f) If the recipient shows that the delay in expending the funds was based on an excusable delay, the department shall not cancel the loan.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.07 Disbursements

(a) To obtain a disbursement for eligible work and equipment from the awarded funds, the recipient shall submit a written disbursement request to the department by mail, email, or fax using “Request for DWSRF Disbursement”, NHDES-W-03-206, November 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-206.

(b) The written request shall include the following, as applicable to the request:

(1) The name and mailing address of the loan recipient;

(2) The DWSRF project number;

(3) Loan amount;

(4) Disbursement request number;

(5) Whether the request is partial or final;

(6) The time period covered by the request;

(7) The amount of SRF eligible costs for each category;

(8) The amount of the previous request for each category;

(9) The amounts for the current request for each category;

(10) The total of each category covered by (7)-(9), above;

(11) The percent of the loan previously disbursed;

(12) The total percent of loan disbursed including the current request;

(13) The name, title and signature of the authorized representative and the date the request was signed;

(14) A summary list of the submitted invoices and construction payment requisitions, including invoice number, date, amount, and costs, separated into applicable classifications;

(15) Invoices for equipment and materials delivered and properly stored;

(16) Invoices for engineering or consulting services;

(17) Payment requisitions from the contractor(s); and

(18) Invoices for eligible work not covered under (15) through (17), above.

(c) The representative of the recipient who is authorized to submit the disbursement request shall sign the request, which shall constitute certification that:

(1) The project costs incurred as indicated in the request are in accordance with this chapter and the loan agreement for the project, to the best of the signer’s knowledge and belief;

(2) The disbursement requested represents the DWSRF share due which has not been previously requested; and

(3) A thorough owner’s inspection has been performed and all work for which a disbursement is being requested has been performed satisfactorily.

(d) The department shall approve the request if it determines that the costs covered by the request are eligible under Env-Dw 1104.01 and the recipient’s financial assistance agreement.

(e) Upon approval of the request, the department shall authorize the disbursement to be made from the DWSRF, subject to Env-Dw 1107.08.

(f) The recipient shall not make disbursement requests more frequently than once per calendar month per loan.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.08 Assurances

The department shall not disburse any DWSRF funds until the recipient provides evidence of the following:

(a) Approved project plans and specifications, if applicable;

(b) Compliance with best available technology where applicable for primary and secondary contaminants;

(d) Agreement to maintain project financial accounts in accordance with Env-Dw 1107.15 and to maintain project accounts as separate accounts; and

(e) Agreement to provide notice of initiation of operation to the department upon beginning operation of the project, if applicable.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.09 Supplemental Loan Agreement

(a) Upon completion of a project by a governmental recipient, the department shall:

(1) Prepare a supplemental loan agreement (SLA) to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the SLA to the recipient, who shall review and sign it.

(b) Upon receipt of an signed SLA, the department shall sign the SLA and send a copy thereof to the recipient.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.10 Allonge

(a) Upon completion of a project by a non-governmental recipient, the department shall:

(1) Prepare an allonge to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the allonge to:

a. The SRF attorney for review; and

b. The recipient, who shall review and sign it.

(b) Upon receipt of a signed allonge, the department shall sign the allonge and send a copy thereof to the recipient.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.11 Adjustment to Stipulated Interest Rate

If the applicable IUP provides that interest rates are subject to adjustment, then prior to establishing the final repayment schedule in the SLA or allonge, as applicable, the department shall:

(a) Compare the IUP interest rate stipulated in the OLA or ILD, as applicable, with the rate at the time the SLA or Allonge is prepared; and

(b) Adjust the interest rate to be the lower of:

(1) The interest rate stipulated in the OLA or ILD; or

(2) The interest rate at the time the SLA or allonge is prepared.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.12 Loan Repayment

(a) Subject to (c), below, the recipient shall repay all funds received and interest accrued thereon to the department as stipulated in the SLA or allonge, as applicable.

(b) The department shall deposit all funds that are repaid under this chapter to be credited directly to the DWSRF.

(c) A disadvantaged community that has received a loan subsidy as provided in 40 CFR 35.3525 shall repay only such funds and interest remaining, if any, after the subsidy is applied.

(d) Repayment shall:

(1) Not exceed the loan term established in the SLA or allonge;

(2) For governmental recipients, begin by:

a. For infrastructure projects, the earlier of one year following substantial completion of the project or one year following the scheduled completion date as stated in the OLA; or

b. For source water protection projects, one year following project completion; and

(3) For non-governmental recipients:

a. Commence interest-only payments by 6 months following:

For infrastructure projects, the earlier of substantial completion of the project or the scheduled completion date as stated in the ILD; and
For SWP projects, project completion; and

b. Commence principal and interest repayments by one year following:

For infrastructure projects, the earlier of substantial completion of the project or the scheduled completion date as stated in the ILD; and
For SWP projects, project completion; and

(e) The loan shall be amortized on an annual basis for governmental entities and on a monthly basis for non-governmental entities.

(f) Should excusable delay be incurred beyond the scheduled completion date, the department shall:

(1) Offer to modify the SLA or allonge, as applicable, to account for the delays; and

(2) If the recipient so requests, negotiate an appropriate modification of the SLA or allonge, as applicable.

(g) Any recipient may repay a loan, in whole or in part, prior to the date stipulated in the SLA or allonge, as applicable, with no prepayment penalty.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.13 Use of Funds; Return of Funds

(a) The recipient shall use and expend financial assistance provided from the DWSRF solely and exclusively for the payment of authorized eligible costs of the project for which the financial assistance was approved.

(b) If the recipient uses any funds provided from the DWSRF for anything other than eligible costs on the specific project for which such funds were furnished, the recipient shall return or otherwise repay to the department all such funds.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.14 Retainage

(a) The recipient may withhold a percentage of all partial payments as retainage until the project is complete.

(b) If the recipient intends to withhold a retainage, the recipient shall specify the terms and conditions relating to the retainage in the contract documents submitted pursuant to Env-Dw 1109.03.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1107.15 Accounting

Each recipient shall:

(a) Use the accounting, audit, and fiscal procedures required by 40 CFR 35.3550(i) for the project;

(b) Place all funds received from the DWSRF in a project account for the sole purpose of planning, designing, and constructing or implementing the project as approved by the department;

(c) Use all funds received from the DWSRF for the sole purpose of planning, designing, and constructing or implementing the project as approved by the department;

(d) Provide an audit prepared by a certified public accountant or licensed public accountant to the department:

(1) Annually, if the recipient expends more than the threshold set under the federal Single Audit Act in OMB Circular A-133 or successor document; or

(2) In response to a department request for an audit based on a reasonable suspicion of fraud or misuse of SRF funds;

(e) Maintain insurance coverage on the project in an amount adequate to protect the state’s investment, as determined based on the nature of the project and the amount of funding provided from the DWSRF in consultation with the department;

(f) Comply with any special conditions specified by the department’s environmental determination until all financial obligations to the state have been discharged; and

(g) Continually abide by the terms of the financial assistance agreement, the department’s rules, and relevant state and federal statutes for operation and maintenance of the facility.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Part Env-Dw 1108 Environmental Review

N.H. Code Admin. R. Ann. Env-Dw 1108.01 Environmental Review Required

Any construction project for which financial assistance from the DWSRF is requested shall be reviewed for impacts on the human and natural environment in accordance with this part.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1108.02 General Procedure

(a) The department shall prepare an environmental review report for the applicant’s proposed project based on the information submitted by the applicant pursuant to Env-Dw 1106.05.

(b) The environmental review shall result in one of the following:

(1) A categorical exclusion (CE);

(2) A finding of no significant impact (FONSI); or

(3) A requirement for the applicant to prepare an environmental impact statement (EIS).

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1108.03 Categorical Exclusion (CE) Review

(a) The department shall review the proposed project to determine whether the project qualifies for a CE.

(b) A CE determination shall be made if the project comprises only:

(1) Work on existing facilities where no new disruption of the environment will occur, such as correction of leakage, replacement of pipes in existing rights of way, or replacement or addition of equipment or small new structures on the site of an existing facility;

(2) Work where only a small disturbance is required, such as to install hydrants on existing water mains; or

(3) Acquisition of land that is needed to complete an eligible project where no infrastructure will be constructed.

(1) Prepare a review document describing the basis for its determination; and

(2) Publish a notice on its website that contains the following:

a. The name, mailing address, and daytime telephone number including area code of the individual representing the applicant who can answer questions regarding the proposed project;

b. A link to an on-line copy of the CE determination;

c. The name, mailing address, daytime telephone number including area code, and e-mail address of the individual at the department to whom comments should be directed; and

d. The deadline for submitting comments, which shall be no sooner than 10 calendar days from the date on which the notice is published.

(d) At the close of the review and comment period, the department shall make a final determination in accordance with the following:

(1) If no significant adverse comments are received, the department shall issue a CE as the final action; or

(2) If significant adverse comments are received, the department shall prepare an EA in accordance with Env-Dw 1108.04.

(e) The department shall send its final determination in writing to the applicant and to any other person who requested during the public comment period to receive a copy.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1108.04 Draft Environmental Assessment (EA)

(a) For projects that do not qualify for a CE, the department shall prepare a draft EA in accordance with this section.

(b) The draft EA shall contain the following information:

(1) The purpose of and need for the proposed project;

(2) A list of all environmental concerns raised by the proposed project;

(3) A list of alternatives to the proposed project, including a no-action alternative;

(4) Details of the recommended action, which shall be the proposed project or an alternative identified in the planning document prepared pursuant to Env-Dw 1106.08 that:

a. Is most likely to ensure compliance with the federal and state safe drinking water acts over the projected life of the funded project; and

b. Best meets the purposes of 40 CFR Part 35, Subpart L; and

(5) Mitigation measures required for the recommended action, if any.

(c) The department shall forward the draft EA to the applicant to distribute for review and comment in accordance with Env-Dw 1108.05.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1108.05 Public Notification and Review Period

(a) Following the receipt of a draft EA from the department, the applicant shall:

(1) Prepare a notice that contains the following:

a. A link to an on-line copy of the draft EA;

b. The name, mailing address, and daytime telephone number including area code of the individual representing the applicant who can answer questions regarding the proposed project;

c. The name, mailing address, daytime telephone number including area code, and e-mail address of the individual at the department to whom comments should be directed; and

d. The deadline for submitting comments, which shall be no sooner than 30 calendar days from the last date on which the notice is published; and

(2) Send an electronic copy of the notice and draft EA to:

a. The department;

b. The local governing body of the municipality in which the project is proposed to be located, unless the applicant is that municipality; and

c. The conservation commission in the municipality in which the project is proposed to be located.

(b) The applicant shall publish the notice for not less than one day in a daily newspaper of general circulation in the project’s community and on the applicant’s website, if any.

(d) No formal action shall be taken by the department during the public review period.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1108.06 Department Decision

(a) At the close of the review and comment period for a draft EA, the department shall make a determination in accordance with the following:

(1) If no significant adverse comments are received, the department shall issue a FONSI as the final action; or

(2) If significant adverse comments are received, the department shall direct the applicant to convene a public information meeting as follows:

a. If the applicant is an agency of the state, the meeting shall be convened as a non-adjudicative proceeding in accordance with the agency’s rules;

b. If the applicant is a political subdivision of the state, the meeting shall be convened in accordance with RSA 91-A and any other applicable local requirements; and

c. If the applicant is other than a state agency or a political subdivision of the state, the meeting shall be convened in accordance with the applicant’s by-laws or, if the by-laws do not contain procedures for public hearings, in accordance with the procedures for non-adjudicative hearings as specified in Env-C 200.

(b) Within 60 calendar days of the public information meeting conducted pursuant to (a)(2), above, the department shall assess the comments and issue a written decision containing one of the following determinations:

(1) The department shall issue a FONSI if the department finds that:

a. The comments received do not indicate that the proposed project will actually have a significant adverse impact on the environment;

b. The benefit to public health or the environment conferred by the project as proposed outweighs any significant adverse impact on the environment caused by the project as proposed; or

c. Any significant adverse impact on the environment caused by the project as proposed has been or will be addressed through another permit issued by the department, the Army Corps of Engineers, or EPA;

(2) If the department finds that the project will have a significant adverse impact on the environment that could be lessened or eliminated by implementing an alternative proposal, the department shall order the applicant to re-review the proposed project to identify an alternative with less environmental impact;

(3) If the department finds that the project will have a significant adverse impact on the environment that could be lessened or eliminated by modifying the project as proposed to incorporate mitigating procedures, the department shall require mitigating procedures to be implemented as a condition of receiving financial assistance from the DWSRF; or

(4) If the department finds that the project will have a significant adverse impact on the environment that cannot be lessened or eliminated by implementing an alternative proposal or by incorporating mitigating procedures, the department shall:

a. Direct the applicant to initiate an EIS in accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. §4332, and procedures established at 40 CFR 1502; and

b. Require the applicant to use a private consultant if the department finds that the applicant does not possess the requisite technical resources to prepare the EIS without the aid of a private consultant.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1108.07 Appeal

(a) Within 30 days of the date of the written department decision issued pursuant to Env-Dw 1108.06(b), any person aggrieved by the decision may appeal the decision as a permitting decision as specified in RSA 21-O:14.

(b) If no petition for appeal is filed within the specified period, the decision shall be final upon the expiration of that period.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1108.08 Duration of Decision

Final environmental determinations shall be valid for 5 years. If a project is not initiated within that time period, a new environmental review shall be undertaken.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Part Env-Dw 1109 Design, Construction, and Implementation Phases

N.H. Code Admin. R. Ann. Env-Dw 1109.01 Consulting Contracts for Expenditures of DWSRF Funds

(a) For all projects funded from the DWSRF that require consulting services, the contract for such services shall contain the following:

(1) A description of the services to be provided by the consultant, including the due date for any report or plans that will be prepared;

(2) The recipient’s responsibilities under the contract;

(3) The estimated time of completion of the services covered by the contract;

(4) Compensation to be paid to the consultant; and

(5) Termination provisions.

(b) The recipient shall comply with all applicable procedures and incidental legal requirements in awarding the consultant’s contract.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.02 Plans and Specifications

(a) For infrastructure projects, the recipient shall submit engineering plans and specifications that conform to the applicable design standards specified in Env-Dw 400.

(b) For projects other than infrastructure projects, the recipient shall submit plans and specifications that are appropriate to the proposed project.

(c) Department approval of the plans and specifications shall not relieve the recipient of any liabilities or responsibilities with respect to the design, construction, operation, or performance of the project.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.03 Construction Contract Documents

(a) The recipient shall submit construction contract documents to the department for review and approval.

(b) No construction project shall be offered for public bid until after the department has reviewed the contract documents as specified in Env-Dw 1109.04.

(1) Bidding requirements for the construction of the project that meet the requirements in Env-Dw 1109.05, including bid advertisement or solicitation for competitive quotations, information for bidders, a bid proposal form that separates eligible construction from ineligible construction, and applicable bid security requirements;

(2) Agreement and applicable requirements for the payment bond, performance bond, notice to proceed, and related documents such as the contractor’s affidavit, the contractor’s release, the certificate of substantial completion, and the format for change orders;

(3) For loans greater than $100,000, general and supplemental conditions for the construction of the project, including provisions requiring the contractor to obtain and maintain the appropriate insurance coverage;

(4) Applicable federal requirements;

(5) Plans and specifications as specified in Env-Dw 1109.02;

(6) Appendices including boring logs, permits, and other details as appropriate;

(7) Provisions giving authorized representatives of the department access to all construction activities, books, records, and documents for the purpose of inspection, audit, and copying during normal business hours; and

(8) Such conditions, specifications, and other provisions as are required to comply with state and federal law.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.04 Department Review of Contract Documents

(a) The department shall review the contract documents submitted pursuant to Env-Dw 1109.03 within 30 calendar days of receipt.

(b) The department shall approve the contract documents if they:

(1) Meet the requirements listed in Env-Dw 1109.03(c);

(2) Are consistent with all applicable state and federal requirements; and

(3) Are consistent with the planning document submitted pursuant to Env-Dw 1106.08.

(c) After the contract documents are approved, no changes to the contract documents shall be made unless the recipient obtains prior approval from the department pursuant to Env-Dw 1109.06.

(d) After the contract documents are approved, no increases in project cost or scope shall be made unless the recipient obtains prior approval from the department pursuant to Env-Dw 1109.06.

(e) Department approval of the contract documents shall not relieve the recipient of any liabilities or responsibilities with respect to the design, construction, operation, or performance of the project.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.05 Bidding Requirements

Recipients shall comply with the following bidding requirements:

(a) The bid period shall be not less than 14 calendar days, unless the department has approved a shorter bid period due to an imminent threat to public health or safety;

(b) The advertisement for bids or competitive quotes shall include the following information:

(1) The project name and contract number;

(2) The location of work;

(3) A description of work to be performed;

(4) The time and date at which the bids will be publicly opened and read aloud, and a statement that bids received after that time will not be accepted;

(5) An address and cost information for obtaining plans and specifications; and

(6) The addresses where plans and specifications can be examined.

(1) A requirement for a bid security in the amount of 5% of the bid in the form of a certified check or a bid bond executed by a surety company authorized to do business in New Hampshire and made payable to the recipient; and

(2) A statement that a 100% performance bond and a 100% payment bond will be required.

(d) The recipient shall reserve the right to:

(1) Reject any or all bids; and

(2) Waive any informalities or minor defects on bids received; and

(e) If any addenda to the bid are needed, the recipient shall:

(1) Submit the proposed addenda to the department for review as much in advance of issuing it as possible;

(2) Refrain from issuing the addenda without approval from the department; and

(3) Issue the approved addenda no less than 5 days prior to bid opening.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.06 Changes to Contract Documents and Project Cost or Scope

(a) After the contract documents have been approved by the department, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to or departure from the approved plans and specifications that would materially or significantly affect project cost, estimated revenues, or project design without the prior written approval of the department.

(b) A request to modify contract documents as described in (a), above, shall:

(1) Identify each change for which approval is sought;

(2) Explain the reason(s) for each change requested, including an explanation of the operational or economic consequences of the requested change(s) not being approved; and

(3) Explain how the request meets the criteria specified in (d) or (e), below, as applicable.

(c) The department shall approve or deny the request within 10 working days of receipt of a request that meets the criteria of (b), above.

(d) For changes other than increases to project cost or scope, the department shall approve each requested change in the contract documents that the recipient demonstrates is:

(1) Consistent with applicable federal and state requirements; and

(2) In the best interests of the DWSRF and the public served by the recipient’s public water system.

(e) The department shall approve a request for an increase in project cost or scope if the following criteria are met:

(1) The increased cost or scope was not reasonably foreseeable at the time the original project proposal was submitted;

(2) The cost increase results in a total cost no greater than the prevailing rate for the item to which the cost is attributable such as, but not limited to, labor and materials; and

(3) If the recipient is requesting additional DWSRF funds, then:

a. The item to which the cost increase is attributable is an eligible cost as specified in Env-Dw 1104; and

b. The DWSRF has sufficient monies available at the time the request is filed to cover the proposed cost increase.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.07 Awarding Construction Contracts

(a) The recipient of financial assistance from the DWSRF for a construction project shall comply with all applicable legal procedures and other legal requirements in advertising for bids and awarding the construction contract.

(b) The text of the construction contract documents shall not vary from the text of the contract documents approved pursuant to Env-Dw 1109.04, unless a change has been approved pursuant to Env-Dw 1109.06.

(c) After receiving and reviewing bids, the recipient shall select the lowest responsive bid or competitive quotation, unless approval is requested and obtained from the department to award the contract to a higher bid or quotation based on the lowest bid or quotation not being from a responsible bidder.

(d) The recipient shall request approval from the department to award the construction contract by submitting the following in writing to the department:

(1) A revised estimate of eligible project costs;

(2) For loans greater than $100,000, monthly cash flow projections;

(3) Evidence of solicitation for bids or competitive quotations;

(4) A tabulation of all bids that were received;

(5) A letter signed by the recipient’s authorized representative indicating the contract value and the name of the bidder to whom the contract is planned to be awarded;

(6) A copy of the bid proposal of the bidder to whom the contract is planned to be awarded;

(7) Documentation assuring compliance with 40 CFR §35.3575; and

(8) Certification that all necessary permits, land acquisitions, and easements have been secured.

(e) The department shall approve the award of the construction contract if it determines that all applicable requirements have been met. The applicant shall not award the construction contract until after it has received written approval to do so from the department.

(f) For all construction projects funded by the DWSRF program, following receipt of approval from the department the recipient shall sign a construction contract with the selected contractor.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.08 Recipient’s Obligations for Inspections During Construction

(a) During the construction phase of the project, the recipient shall obtain the engineering or other inspection services necessary to assure completion of the project in accordance with the financial assistance agreement and the approved plans and specifications.

(b) After the construction contract is awarded, the recipient shall provide for on-site inspections of the project by a resident project representative that are sufficient to provide assurance to the recipient and the department that the work is being performed in a satisfactory manner in accordance with the approved plans and specifications, approved alterations, and sound engineering principles and building practices.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.09 Department Inspections During Construction

(a) The recipient shall allow the department to inspect the project at any time in order to confirm that:

(1) The materials furnished meet the approved specifications; and

(2) The project is being built in accordance with the approved plans and specifications and any approved alterations.

(b) In conjunction with project inspections, the department shall:

(1) Inspect the materials that are visible at the time of the inspection to determine compliance with the approved plans and specifications; and

(2) Document the manner and progress of the project, conditions relating to the materials furnished, and the contractor’s compliance with the approved plans and specifications for the project.

(c) Inspections by the department shall not release the contractor from any obligation to perform the work in accordance with the requirements of the contract documents, nor shall such inspections release the project engineer from determining compliance with the requirements of the contract documents.

(d) The contractor and recipient shall provide the department with such accommodations as are needed for the department to determine whether the work as performed is in accordance with the requirements and intent of the contract.

(e) The department shall, as soon as practicable, bring to the attention of the recipient and the resident project representative any discrepancies between the approved plans and specifications and the actual work observed of which it becomes aware through its inspections.

(f) Upon being notified of any such discrepancies, the recipient and the resident project representative shall immediately:

(1) Initiate necessary action to rectify the deficiencies; or

(2) Provide documentation explaining the reason(s) for the discrepancies and demonstrating that the installation meets applicable requirements.

(g) If the recipient’s resident project representative disagrees with the department as to whether material furnished or work performed conforms with the terms of the construction contract, the recipient shall direct the resident project representative to reject questionable materials and initiate other action provided for in the construction contract, including suspension where necessary, until all disputed issues are resolved in accordance with the terms of the construction contract.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.10 Testing During Construction

(a) In addition to normal testing procedures required of the recipient, the department shall require such additional tests of building materials and processes as the department determines to be necessary to demonstrate compliance with the approved plans and specifications and any approved alterations thereto during the building of projects financed in whole or in part by DWSRF funds.

(b) All tests, whether for the department or the project engineer, shall conform to current American Water Works Association standards as specified in Env-Dw 407, American Association of State Highway and Transportation Officials, American Society of Testing and Materials, and the New Hampshire department of transportation published procedures, or similar criteria, as applicable to the specific materials and processes proposed by the recipient to be used in the project.

(c) The department shall specify which tests are applicable based on the specific materials and processes proposed by the recipient to be used in the project. Samples for testing shall be furnished free of cost to the department upon request at the construction site.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.11 Limitations on Project Modifications; Requests for Approval

(a) After construction has commenced, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to, or any departures from, the approved plans and specifications that would materially or significantly affect project cost, estimated revenues, or project design in accordance with Env-Dw 1109.08 without prior written approval from the department.

(b) The recipient shall request approval for changes covered by (a), above, by submitting the following information in writing to the department on or with “Form 1A: Loan Amendment Application Form”, NHDES-W-03-184, November 2020, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-184:

(1) The name, location, and PWS identifier of the recipient’s water system;

(2) The project number of the final financial assistance agreement and the project’s short title;

(3) The name, telephone number, and email address of the contact person for purposes of the request;

(4) For each modification for which the recipient is seeking approval:

a. A description of the modification; and

b. The reason(s) why the modification is necessary;

(5) An explanation of the operational and economic consequences to the water system and to public health and the environment of the department not approving the requested modifications;

(6) If the request is for an increase in the loan amount, the following:

a. A revised budget that shows the original budget and the revised budget for each task or classification affected by the requested change; and

b. Updated financial statements;

(7) If the request is for a revised completion date, the revised schedule including design start date, construction contract award date, and project completion date; and

(8) If the requested change is for work in a different location than listed in the original Form 3: Environmental Review, an amended Environmental Review form.

(c) Prior departmental approval of project change orders shall not be required if applicant’s project engineer certifies to the department that such change, modification, amendment, or departure:

(1) Will not materially or significantly affect project cost, estimated revenues, or project design; and

(2) Is consistent with the objectives of the project and within the scope of the final financial assistance agreement.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.12 Approval of Project Modifications

(a) Subject to (b) and (c), below, the department shall approve a request for project modification submitted pursuant to Env-Dw 1109.11 if:

(1) The scope of the project as modified is consistent with the original intent of the financial assistance;

(2) The project as modified will not cause the water system to be out of compliance with the federal SDWA, 40 CFR Parts 141, 142, and 143, RSA 485, and applicable rules in subtitle Env-Dw; and

(3) If additional DWSRF funds are requested, then:

a. The increased cost is approvable under the criteria established in Env-Dw 1109.06(e); and

b. The fund has sufficient monies available at the time the request is filed to cover the proposed cost increase.

(b) The department shall review the request and notify the recipient and resident project representative as soon as practicable considering the scope of the request.

(c) A change of project scope, such as the addition of new construction items, shall not be eligible for additional funding after loan closing unless one of the following conditions are met:

(1) The change of scope is necessary due to an inadvertent oversight, and is needed to provide an operable water system and not to replace faulty construction or equipment already funded; or

(2) The change of scope is necessary due to changes in federal or state requirements.

(d) The amount of funding provided from the DWSRF shall be increased only by a formal amendment in writing with the department, with governor and council approval.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1109.13 Construction Phase Submittal

During the construction phase of the project, the recipient shall submit any building phase submittals required by the final financial assistance agreement to be submitted for the department's approval.

N.H. Code Admin. R. Ann. Env-Dw 1109.14 Final Inspection and Review of Records

(a) Upon completion of any project for which financial assistance from the DWSRF has been provided, the applicant shall furnish to the department written notification of completion.

(b) Upon receipt of such notification, or upon project completion should notification not be furnished as required, and prior to the department approving the final loan disbursement, the department shall:

(1) Confirm that the project has been completed as contemplated in the financial assistance agreement, which shall include conducting a final on-site inspection of the project, if necessary, with the recipient or the recipient’s designee; and

(2) Review the recipient’s records relative to funds furnished to the recipient from the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Part Env-Dw 1110 Waivers

N.H. Code Admin. R. Ann. Env-Dw 1110.01 Purpose

The purpose of the rules in this part is to accommodate situations in which strict compliance with all requirements established by this chapter may not be in the best interests of the public or the DWSRF.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1110.02 Procedures

(a) Any applicant or recipient who is or would be directly and adversely affected by the strict application of a rule in Env-Dw 1100 may request a waiver thereof from the department.

(b) Each request for a waiver shall be filed in writing by the authorized representative of the applicant or recipient, as applicable.

(c) Each request for a waiver shall include the information specified in Env-Dw 1110.03 and be signed as required by Env-Dw 1110.04.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1110.03 Content and Format of Requests

The person requesting the waiver shall provide the following information to the department:

(a) The name, mailing address, and daytime telephone number including area code of the requestor;

(b) The project to which the waiver request relates; and

(1) The number of the specific section of the rules;

(2) A complete explanation of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule as written;

(3) If applicable, a full explanation of the alternate(s) proposed to be substituted for the requirement in the rule, including documentation or data, or both, to support the alternative;

(4) Whether the need for the waiver is time-limited and, if so, the estimated length of time the waiver will be needed; and

(5) A complete explanation of why the applicant believes that having the waiver granted will meet the criteria in Env-Dw 1110.05.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1110.04 Signature Required

(a) The authorized representative of the applicant or recipient that is requesting the waiver shall sign the request.

(b) The authorized representative’s signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the best of the signer’s knowledge and belief;

(2) The signer understands that any waiver granted based on false, incomplete, or misleading information is subject to revocation; and

(3) The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(c) If the signer is or is acting on behalf of a listed engineer as defined in Env-C 502.10, the signature also shall constitute certification that the signer understands that the submittal of false, incomplete, or misleading information could constitute grounds for debarring the listed engineer from the roster.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1110.05 Criteria

(a) Subject to (b), below, the department shall grant a waiver if:

(1) Granting the waiver, conditional upon implementation of alternatives, if applicable, will result in circumstances that are as protective of the public, the environment, and the integrity of the DWSRF program as the requirements contained in this chapter;

(2) Granting the waiver, conditional upon implementation of alternatives, if applicable, will not adversely impact the department’s obligations under RSA 486 and obligations associated with maintaining primacy from the EPA; and

(3) Strict adherence to the rule would not be in the best interest of the public, the environment, or the DWSRF.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify a state or federal statutory requirement, including but not limited to any requirement of RSA 486, RSA 485, the federal SDWA, or a capitalization grant, unless:

(1) Such statute or grant expressly provides that the requirement may be waived or modified; and

(2) In the case of a federal statute or capitalization grant, EPA does not object to granting the waiver.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

N.H. Code Admin. R. Ann. Env-Dw 1110.06 Decisions

(a) The department shall notify the person requesting the waiver of its decision in writing within 30 calendar days of receiving a complete request. If the request is denied, the department shall specify the reason(s) for the denial in the notice.

(b) The department shall include such conditions in a waiver as are necessary to ensure that the criteria specified in Env-Dw 1110.05 are met, including if applicable the implementation of alternatives.

Appendix A: State Statutes and Federal Requirements Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Requirements Implemented

Env-Dw 1101 – 1106

RSA 486:14, I

42 U.S.C. §§ 300f - 300j-26

Env-Dw 1107

RSA 486:14, I; RSA 486:14, III

42 U.S.C. §§ 300f - 300j-26

Env-Dw 1108 – 1109

RSA 486:14, I

42 U.S.C. §§ 300f - 300j-26

Env-Dw 1110

RSA 541-A:22, IV

Appendix B: Statutory Definitions

RSA 485:1-a

XIV. “Political subdivision” means any municipality, county, district, or any portion or combination of 2 or more thereof.

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

Appendix C: Referenced Federal Provisions

§ 35.3520 Systems, projects, and project-related costs eligible for assistance from the Fund.

(a) Eligible systems. Assistance from the Fund may only be provided to:

(1) Privately-owned and publicly-owned community water systems and non-profit non-community water systems.

(2) Projects that will result in the creation of a community water system in accordance with paragraph (b)(2)(vi) of this section.

(3) Systems referred to in section 1401(4)(B) of the Act for the purposes of point of entry or central treatment under section 1401(4)(B)(i)(III).

(b) Eligible projects.

(1) General. Projects that address present or prevent future violations of health-based drinking water standards are eligible for assistance. These include projects needed to maintain compliance with existing national primary drinking water regulations for contaminants with acute and chronic health effects. Projects to replace aging infrastructure are eligible for assistance if they are needed to maintain compliance or further the public health protection objectives of the Act.

(2) Only the following project categories are eligible for assistance from the Fund:

(i) Treatment. Examples of projects include installation or upgrade of facilities to improve the quality of drinking water to comply with primary or secondary standards and point of entry or central treatment under section 1401(4)(B)(i)(III) of the Act.

(ii) Transmission and distribution. Examples of projects include installation or replacement of transmission and distribution pipes to improve water pressure to safe levels or to prevent contamination caused by leaks or breaks in the pipes.

(iii) Source. Examples of projects include rehabilitation of wells or development of eligible sources to replace contaminated sources.

(iv) Storage. Examples of projects include installation or upgrade of eligible storage facilities, including finished water reservoirs, to prevent microbiological contaminants from entering a public water system.

(v) Consolidation. Eligible projects are those needed to consolidate water supplies where, for example, a supply has become contaminated or a system is unable to maintain compliance for technical, financial, or managerial reasons.

(vi) Creation of new systems. Eligible projects are those that, upon completion, will create a community water system to address existing public health problems with serious risks caused by unsafe drinking water provided by individual wells or surface water sources. Eligible projects are also those that create a new regional community water system by consolidating existing systems that have technical, financial, or managerial difficulties. Projects to address existing public health problems associated with individual wells or surface water sources must be limited in scope to the specific geographic area affected by contamination. Projects that create new regional community water systems by consolidating existing systems must be limited in scope to the service area of the systems being consolidated. A project must be a cost-effective solution to addressing the problem. A State must ensure that the applicant has given sufficient public notice to potentially affected parties and has considered alternative solutions to addressing the problem. Capacity to serve future population growth cannot be a substantial portion of a project.

(c) Eligible project-related costs. In addition to costs needed for the project itself, the following project-related costs are eligible for assistance from the Fund:

(1) Costs for planning and design and associated pre-project costs. A State that makes a loan for only planning and design is not required to provide assistance for completion of the project.

(2) Costs for the acquisition of land only if needed for the purposes of locating eligible project components. The land must be acquired from a willing seller.

(3) Costs for restructuring systems that are in significant noncompliance with any national primary drinking water regulation or variance or that lack the technical, financial, and managerial capability to ensure compliance with the requirements of the Act, unless the systems are ineligible under paragraph (d)(2) or (d)(3) of this section.

(d) Ineligible systems. Assistance from the Fund may not be provided to:

(1) Federally-owned public water systems and for-profit non-community water systems.

(2) Systems that lack the technical, financial, and managerial capability to ensure compliance with the requirements of the Act, unless the assistance will ensure compliance and the owners or operators of the systems agree to undertake feasible and appropriate changes in operations to ensure compliance over the long-term.

(3) Systems that are in significant noncompliance with any national primary drinking water regulation or variance, unless:

(i) The purpose of the assistance is to address the cause of the significant noncompliance and will ensure that the systems return to compliance; or

(ii) The purpose of the assistance is unrelated to the cause of the significant noncompliance and the systems are on enforcement schedules (for maximum contaminant level and treatment technique violations) or have compliance plans (for monitoring and reporting violations) to return to compliance.

(e) Ineligible projects. The following projects are ineligible for assistance from the Fund:

(1) Dams or rehabilitation of dams.

(2) Water rights, except if the water rights are owned by a system that is being purchased through consolidation as part of a capacity development strategy.

(3) Reservoirs or rehabilitation of reservoirs, except for finished water reservoirs and those reservoirs that are part of the treatment process and are on the property where the treatment facility is located.

(4) Projects needed primarily for fire protection.

(5) Projects needed primarily to serve future population growth. Projects must be sized only to accommodate a reasonable amount of population growth expected to occur over the useful life of the facility.

(6) Projects that have received assistance from the national set-aside for Indian Tribes and Alaska Native Villages under section 1452(i) of the Act.

(f) Ineligible project-related costs. The following project-related costs are ineligible for assistance from the Fund:

(1) Laboratory fees for routine compliance monitoring.

(2) Operation and maintenance expenses.

40 CFR §35.3525 Authorized types of assistance from the Fund.

A State may only provide the following types of assistance from the Fund:

(a) Loans. (1) A State may make loans at or below the market interest rate, including zero interest rate loans. Loans may be awarded only if:

(i) An assistance recipient begins annual repayment of principal and interest no later than one year after project completion. A project is completed when operations are initiated or are capable of being initiated.

(ii) A recipient completes loan repayment no later than 20 years after project completion except as provided in paragraph (b)(3) of this section.

(iii) A recipient establishes a dedicated source of revenue for repayment of the loan which is consistent with local ordinances and State laws or, for privately-owned systems, a recipient demonstrates that there is adequate security to assure repayment of the loan.

(2) A State may include eligible project reimbursement costs within loans if:

(i) A system received approval, authorization to proceed, or any similar action by a State prior to initiation of project construction and the construction costs were incurred after such State action; and

(ii) The project met all of the requirements of this subpart and was on the State’s fundable list, developed using a priority system approved by EPA. A project on the comprehensive list which is funded when a project on the fundable list is bypassed using the State’s bypass procedures in accordance with § 35.3555(c)(2)(ii) may be eligible for reimbursement of costs incurred after the system has been informed that it will receive funding.

(3) A State may include eligible planning and design and other associated pre-project costs within loans regardless of when the costs were incurred.

(4) All payments of principal and interest on each loan must be credited to the Fund.

(5) Of the total amount available for assistance from the Fund each year, a State must make at least 15 percent available solely for providing loan assistance to small systems, to the extent such funds can be obligated for eligible projects. A State that provides assistance in an amount that is greater than 15 percent of the available funds in one year may credit the excess toward the 15 percent requirement in future years.

(6) A State may provide incremental assistance for a project (e.g., for a particularly large, expensive project) over a period of years.

(b) Assistance to disadvantaged communities. (1) A State may provide loan subsidies (e.g., loans which include principal forgiveness, negative interest rate loans) to benefit communities meeting the State’s definition of ‘‘disadvantaged’’ or which the State expects to become ‘‘disadvantaged’’ as a result of the project. Loan subsidies in the form of reduced interest rate loans that are at or above zero percent do not fall under the 30 percent allowance described in paragraph (b)(2) of this section.

(2) A State may take an amount equal to no more than 30 percent of the amount of a particular fiscal year’s capitalization grant to provide loan subsidies to disadvantaged communities. If a State does not take the entire 30 percent allowance associated with a particular fiscal year’s capitalization grant, it cannot reserve the authority to take the remaining balance of the allowance from future capitalization grants. In addition, a State must:

(i) Indicate in the Intended Use Plan (IUP) the amount of the allowance it is taking for loan subsidies;

(ii) Commit capitalization grant and required State match dollars taken for loan subsidies in accordance with the binding commitment requirements in § 35.3550(e); and

(iii) Commit any other dollars (e.g., principal and interest repayments, investment earnings) taken for loan subsidies to projects over the same time period during which binding commitments are made for the capitalization grant from which the allowance was taken.

(3) A State may extend the term for a loan to a disadvantaged community, provided that a recipient completes loan repayment no later than 30 years after project completion and the term of the loan does not exceed the expected design life of the project.

(c) Refinance or purchase of local debt obligations—(1) General. A State may buy or refinance local debt obligations of municipal, intermunicipal, or interstate agencies where the debt obligation was incurred and the project was initiated after July 1, 1993. Projects must have met the eligibility requirements under section 1452 of the Act and this subpart to be eligible for refinancing. Privately-owned systems are not eligible for refinancing.

(2) Multi-purpose debt. If the original debt for a project was in the form of a multi-purpose bond incurred for purposes in addition to eligible purposes under section 1452 of the Act and this subpart, a State may provide refinancing only for the eligible portion of the debt, not the entire debt.

(3) Refinancing and State match. If a State has credited repayments of loans made under a pre-existing State loan program as part of its State match, the State cannot also refinance the projects under the DWSRF program. If the State has already counted certain projects toward its State match which it now wants to refinance, the State must provide replacement funds for the amounts previously credited as match.

(d) Purchase insurance or guarantee for local debt obligations. A State may provide assistance by purchasing insurance or guaranteeing a local debt obligation to improve credit market access or to reduce interest rates. Assistance of this type is limited to local debt obligations that are undertaken to finance projects eligible for assistance under section 1452 of the Act and this subpart.

(e) Revenue or security for Fund debt obligations (leveraging). A State may use Fund assets as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the State in order to increase the total amount of funds available for providing assistance. The net proceeds of the sale of the bonds must be deposited into the Fund and must be used for providing loans and other assistance to finance projects eligible under section 1452 of the Act and this subpart.

§ 35.3555 Intended Use Plan (IUP).

(a) General. A State must prepare an annual IUP which describes how it intends to use DWSRF program funds to support the overall goals of the DWSRF program and contains the information outlined in paragraph (c) of this section. In those years in which a State submits a capitalization grant application, EPA must receive an IUP prior to the award of the capitalization grant. A State must prepare an annual IUP as long as the Fund or set-aside accounts remain in operation. The IUP must conform to the fiscal year adopted by the State for the DWSRF program (e.g., the State's fiscal year or the Federal fiscal year).

(b) Public review requirements. A State must seek meaningful public review and comment during the development of the IUP. A State must include a description of the public review process and an explanation of how it responded to major comments and concerns. If a State prepares separate IUPs (one for Fund monies and one for set-aside monies), the State must seek public review and comment during the development of each IUP.

(1) Priority system. The IUP must include a priority system for ranking individual projects for funding that provides sufficient detail for the public and EPA to readily understand the criteria used for ranking. The priority system must provide, to the maximum extent practicable, that priority for the use of funds will be given to projects that: address the most serious risk to human health; are necessary to ensure compliance with the requirements of the Act (including requirements for filtration); and assist systems most in need, on a per household basis, according to State affordability criteria. A State that does not adhere to the three criteria must demonstrate why it is unable to do so.

(2) Priority lists of projects. All projects, with the exception of projects funded on an emergency basis, must be ranked using a State's priority system and go through a public review process prior to receiving assistance.

(i) The IUP must contain a fundable list of projects that are expected to receive assistance from available funds designated for use in the current IUP and a comprehensive list of projects that are expected to receive assistance in the future. The fundable list of projects must include: the name of the public water system; the priority assigned to the project; a description of the project; the expected terms of financial assistance based on the best information available at the time the IUP is developed; and the population of the system's service area at the time of the loan application. The comprehensive list must include, at a minimum, the priority assigned to each project and, to the extent known, the expected funding schedule for each project. A State may combine the fundable and comprehensive lists into one list, provided that projects which are expected to receive assistance from available funds designated for use in the current IUP are identified.

(ii) The IUP may include procedures which would allow a State to bypass projects on the fundable list. The procedures must clearly identify the conditions which would allow a project to be bypassed and the method for identifying which projects would receive funding. If a bypass occurs, a State must fund the highest ranked project on the comprehensive list that is ready to proceed. If a State elects to bypass a project for reasons other than readiness to proceed, the State must explain why the project was bypassed in the Biennial Report and during the annual review. To the maximum extent practicable, a State must work with bypassed projects to ensure that they will be prepared to receive funding in future years.

(iii) The IUP may allow for the funding of projects which require immediate attention to protect public health on an emergency basis, provided that a State defines what conditions constitute an emergency and identifies the projects in the Biennial Report and during the annual review.

(iv) The IUP must demonstrate how a State will meet the requirement of providing loan assistance to small systems as described in § 35.3525(a)(5). A State that is unable to comply with this requirement must describe the steps it is taking to ensure that a sufficient number of projects are identified to meet this requirement in future years.

(3) Distribution of funds. The IUP must describe the criteria and methods that a State will use to distribute all funds including:

(i) The process and rationale for distribution of funds between the Fund and set-aside accounts;

(ii) The process for selection of systems to receive assistance;

(iii) The rationale for providing different types of assistance and terms, including the method used to determine the market rate and the interest rate;

(iv) The types, rates, and uses of fees assessed on assistance recipients; and

(v) A description of the financial planning process undertaken for the Fund and the impact of funding decisions on the long-term financial health of the Fund.

(4) Financial status. The IUP must describe the sources and uses of DWSRF program funds including: the total dollar amount in the Fund; the total dollar amount available for loans, including loans to small systems; the amount of loan subsidies that may be made available to disadvantaged communities from the 30 percent allowance in § 35.3525(b)(2); the total dollar amount in set-aside accounts, including the amount of funds or authority reserved; and the total dollar amount in fee accounts.

(5) Short- and long-term goals. The IUP must describe the short-term and long-term goals it has developed to support the overall goals of the DWSRF program of ensuring public health protection, complying with the Act, ensuring affordable drinking water, and maintaining the long-term financial health of the Fund.

(6) Set-aside activities. (i) The IUP must identify the amount of funds a State is electing to use for set-aside activities. A State must also describe how it intends to use these funds, provide a general schedule for their use, and describe the expected accomplishments that will result from their use.

(ii) For loans made in accordance with the local assistance and other State programs set-aside under § 35.3535(e)(1)(i) and (e)(1)(ii), the IUP must, at a minimum, describe the process by which recipients will be selected and how funds will be distributed among them.

(7) Disadvantaged community assistance. The IUP must describe how a State's disadvantaged community program will operate including:

(i) The State's definition of what constitutes a disadvantaged community;

(ii) A description of affordability criteria used to determine the amount of disadvantaged assistance;

(iii) The amount and type of loan subsidies that may be made available to disadvantaged communities from the 30 percent allowance in § 35.3525(b)(2); and

(iv) To the maximum extent practicable, an identification of projects that will receive disadvantaged assistance and the respective amounts.

(8) Transfer process. If a State decides to transfer funds between the DWSRF program and CWSRF program, the IUPs for the DWSRF program and the CWSRF program must describe the process including:

(i) The total amount and type of funds being transferred during the period covered by the IUP;

(ii) The total amount of authority being reserved for future transfer, including the authority reserved from previous years; and

(iii) The impact of the transfer on the amount of funds available to finance projects and set-asides and the long-term impact on the Fund.

(9) Cross-collateralization process. If a State decides to cross-collateralize Fund assets of the DWSRF program and CWSRF program, the IUPs for the DWSRF program and the CWSRF program must describe the process including:

(i) The type of monies which will be used as security;

(ii) How monies will be used in the event of a default; and

(iii) Whether or not monies used for a default in the other program will be repaid, and if they will not be repaid, what will be the cumulative impact on the Funds.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Env-Dw 1100) #13160, eff 1-20-21

Chapter Env-Dw 1200 Privately Owned Redistribution Systems

Part Env-Dw 1201 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Dw 1201.01 Purpose

The purpose of the rules in Env-Dw 1200 is to protect public health by establishing requirements applicable to privately owned redistribution systems (PORS) as defined in RSA 485:1-a, XIV-a.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1201.02 Applicability

These rules shall apply to:

(a) Each existing PORS as defined in Env-Dw 1202.02; and

(b) Each new PORS as defined in Env-Dw 1202.04.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

Part Env-Dw 1202 Definitions

N.H. Code Admin. R. Ann. Env-Dw 1202.01 Department

“Department” means the department of environmental services.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1202.02 Existing PORS

“Existing PORS” means a PORS that was in existence as of the 2018 effective date of this chapter.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1202.03 Maximum contaminant level (MCL)

“Maximum contaminant level (MCL)” means “maximum contaminant level” as defined in RSA 485:1-a,VII, reprinted in Appendix B.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1202.04 New PORS

“New PORS” means a PORS created on or after the 2018 effective date of this chapter.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1202.05 Person

“Person” means “person” as defined in RSA 485:1-a, XIII, reprinted in Appendix B.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1202.06 Population served

“Population served” means the determination of population for the classification of a PORS by using an equivalent of 100 gallons per capita per day.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1202.07 Primary water operator

“Primary water operator” means an individual who is certified under Env-Dw 502 at a grade 1-A level or higher, who has been designated by the PORS O/O as being responsible for the operation of the PORS in accordance with Env-Dw 502.24.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1202.08 Privately owned redistribution system (PORS)

“Privately owned redistribution system (PORS)” means “privately owned redistribution system” as defined in RSA 485:1-a, XIV-a, reprinted in Appendix B.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18 (from Env-Dw 1202.09)

N.H. Code Admin. R. Ann. Env-Dw 1202.09 Sanitary survey

“Sanitary survey” means an on-site inspection of the water source, facilities, equipment, operation, and maintenance of a PORS for the purpose of evaluating the adequacy of such source, facilities, equipment, operation, and maintenance for producing and distributing safe drinking water to its consumers.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18 (from Env-Dw 1202.10)

N.H. Code Admin. R. Ann. Env-Dw 1202.10 Significant operational or facility deficiency

“Significant operational or facility deficiency” means a deficiency at a PORS that could directly and adversely affect water quality or the ability of the PORS to reliably deliver safe drinking water to its consumers.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18 (from Env-Dw 1202.11)

N.H. Code Admin. R. Ann. Env-Dw 1202.11 Supplying water system

“Supplying water system” means the public water system from which the PORS obtains its water.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18 (from Env-Dw 1202.12)

Part Env-Dw 1203 Requirements for Pors Serving Fewer Than 1,000 Persons Without Fire Protection

N.H. Code Admin. R. Ann. Env-Dw 1203.01 Applicability

The rules in this part shall apply to each PORS that serves fewer than 1,000 persons and does not provide fire protection by means of street hydrants.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.02 Approval Required Prior to Construction

As required by RSA 485:8, I, any person proposing to supply water for domestic uses through a PORS shall submit detailed plans of the proposed construction to the department and secure approval of such plans prior to:

(a) Constructing a new PORS that will have more than 500 feet of distribution piping or any new exterior pumping or water storage facility; or

(b) Expanding an existing PORS if the expansion will include more than 500 feet of distribution piping or any new exterior pumping or water storage facility.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.03 Application for Approval of New or Expanded PORS

(a) The person proposing to construct a new PORS or to expand or modify an existing PORS shall provide to the department:

(1) One copy of plans and specifications as specified in Env-Dw 1203.04 and Env-Dw 1203.05, respectively, for the PORS, including each pump, pump house, storage tank, and other appurtenance, as applicable, and all wiring, control devices, and piping;

(2) The identifying, quantifying, and contact information specified in Env-Dw 405.06(b)(1)-(5), (8), and (9); and

(3) A letter from the O/O of the supplying water system confirming that adequate quantities of water are available to serve the proposed new or expanded PORS and adequate system pressures will be maintained with the proposed new or expanded PORS on-line.

(b) If a portion of the PORS is to be constructed at a later date, or phased with the actual growth of the development, the applicant shall so state at the time of the original submittal.

(c) The PORS O/O shall sign and date the submittal required by (a), above, to certify that the information provided is accurate.

(d) If the new or expanded PORS will have a design flow greater than 20,000 gallons per day (gpd) or 50 or more service connections, the plans and specifications shall be stamped by a professional civil or sanitary engineer licensed in the State of New Hampshire.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.04 Plans

Design plans shall be as specified in Env-Dw 405.08, provided that any reference to “water system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.05 Specifications

The specifications accompanying design plans shall be as specified in Env-Dw 405.09.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.06 Design Flow

(a) Design flows shall be determined as specified in Env-Dw 405.10, provided that any reference to “small community water system” shall be deemed to mean “privately owned redistribution system”.

(b) Design criteria for water distribution piping extensions shall be as specified in Env-Dw 405.31-33, provided that any reference to “small community water system” or “water system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.07 Storage Tanks

(a) Storage facilities shall have sufficient capacity to meet domestic demands.

(b) Subject to (c) through (e), below, the minimum storage capacity for PORS not providing fire protection shall be equal to the average daily consumption.

(c) If the O/O of a PORS not providing fire protection wants a minimum storage capacity that is less than the average daily consumption, the O/O shall submit a written request to the department that includes the following information:

(1) The name and address, by street location and municipality, of the PORS;

(2) The name, mailing address, and daytime telephone number of the PORS O/O and, if the O/O is other than an individual, the name of an individual who can be contacted regarding the request on behalf of the O/O;

(3) The average daily consumption, in gallons per day (gpd);

(4) The number of residential units or equivalent units based on one unit being equivalent to 300 gpd; and

(5) An explanation of why a storage capacity equal to the average daily consumption should not be required.

(d) The applicant shall sign and date the request to certify that the information provided is accurate.

(e) The department shall authorize a reduction in the minimum storage capacity if the source and treatment facilities have sufficient capacity with standby power to meet peak demands of the PORS.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.08 Booster Pumps

Booster pumps shall meet the requirements specified in Env-Dw 405.20(b) and (c).

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.09 Pump Houses

Pump houses shall meet the requirements specified in Env-Dw 405.21(b) through (d).

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.10 Pumps And Auxiliary Equipment

Pumps and auxiliary equipment shall meet the applicable requirements specified in Env-Dw 405.22(b) through (i).

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.11 Storage Tanks and Other Appurtenances

Storage tanks and other appurtenances shall meet the applicable requirements specified in Env-Dw 405.24(b) through (f).

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.12 Wiring and Control Devices

Wiring and control devices shall meet the applicable requirements specified in Env-Dw 405.25(b) through (l).

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.13 Water Distribution Piping

Water distribution piping shall meet the applicable requirements specified in Env-Dw 405.32(b) through (n).

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1203.14 Requirements Prior to Operating

(a) No person shall construct a new PORS or expand an existing PORS until all required state and local approvals have been obtained.

(b) The PORS O/O shall comply with Env-Dw 405.33(g) and (h) relative to flushing and chlorination of the water distribution piping and checking the piping for leaks, except that any reference to “water system” shall be deemed to mean “privately owned redistribution system”.

(c) Upon completion of the construction of a new PORS or expansion of an existing PORS, including all required testing, and before any service is offered, the PORS O/O shall notify the department in writing, which may be transmitted by e-mail, that the PORS is ready to be inspected. The department shall conduct a sanitary survey of the system within 5 working days of receiving such notice.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

Part Env-Dw 1204 Requirements for Pors Serving 1,000 Persons or More or Serving Fewer Than 1,000 Persons with Fire Protection

N.H. Code Admin. R. Ann. Env-Dw 1204.01 Applicability

The rules in this part shall apply to each PORS that serves:

(a) One thousand persons or more; or

(b) Fewer than 1,000 persons with fire protection by means of street hydrants.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1204.02 Approval Required Prior to Construction

(a) Constructing a new PORS that will have more than 500 feet of distribution piping or any new exterior pumping or water storage facility; or

(b) Expanding an existing PORS if the expansion will include more than 500 feet of distribution piping or any new exterior pumping or water storage facility.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1204.03 Applicable Standards

Except as otherwise required by these rules, distribution and storage components and all other appurtenances of a PORS serving more than 1,000 people and those providing fire protection by means of street hydrants shall be designed in accordance with the applicable standards specified in Env-Dw 404.01, except that any reference to “public water system” or “water system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

Part Env-Dw 1205 Equipment Standards for All Pors

N.H. Code Admin. R. Ann. Env-Dw 1205.01 Coatings, Surfaces, and Additives

Coatings, surfaces, and additives shall meet the requirements of Env-Dw 403.01.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1205.02 Prohibition on Use of Lead Pipes, Solder, and Flux

All pipe, solder, or flux used in or on drinking water plumbing shall be lead-free as specified in Env-Dw 403.02.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1205.03 Standards of the American Water Works Association

Devices, products, and methods used in the installation, construction, and operation of treatment, distribution, and storage facilities and all other appurtenances to a PORS shall meet the standards of Env-Dw 407.01, except that any reference to “public water system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

Part Env-Dw 1206 Operation and Maintenance Requirements

N.H. Code Admin. R. Ann. Env-Dw 1206.01 Responsibility for PORS Operations

(a) The PORS O/O shall designate an individual to be responsible for the PORS in the event that an emergency occurs during the O/O’s absence.

(b) The PORS O/O shall retain a primary water operator as specified in RSA 485:41, IX(b).

(d) The primary water operator shall have the responsibilities specified in Env-Dw 502.25.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.02 Notice of Planned Outages

A PORS O/O shall comply with Env-Dw 503.12 relative to planned outages, provided that any reference to “system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.03 Responsibility to Promptly Repair and Maintain a PORS

Each PORS O/O shall promptly repair and fully maintain the operational readiness of the PORS in accordance with Env-Dw 503.13, provided that any reference to “public water system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.04 Required Action After Mechanical Breakdown or Other Failure of a PORS

(a) If the PORS experiences a mechanical failure, water main break, or power failure or experiences an unexplained change in the water quality in the PORS, the PORS O/O shall initiate, as appropriate to the situation:

(1) Disinfection;

(2) Bacterial testing;

(3) Flushing;

(4) Public notice to consumers; or

(5) A combination of one or more actions identified in (1)-(4), above.

(b) The action(s) taken shall be determined by the PORS O/O after a careful analysis of the event.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.05 Inspection of PORS

The PORS O/O shall inspect the system in accordance with Env-Dw 503.15-503.17, provided that any reference to “water system” or “system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.06 PORS Maintenance Schedules

(a) The PORS O/O shall prepare and implement a maintenance schedule for each of the following components of the system, as applicable:

(1) Pump stations;

(2) Electrical equipment and controls;

(3) Water storage tanks; and

(4) Distribution system piping.

(b) The schedule shall require maintenance at intervals adequate to ensure that the PORS operates as designed, based on:

(1) The maintenance frequencies recommended by the manufacturer, for those components for which such recommendations exist; and

(2) For all other components, the frequencies commonly used in the water works industry, such as those recommended by the American Water Works Association.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.07 Flushing of Piping

The PORS O/O shall cause all piping in the PORS to be flushed as specified in Env-Dw 504.05, provided that any reference to the term “water system” or “system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.08 Operation of Gate Valves

The PORS O/O shall cause all gate valves in the PORS to be fully turned at least once every 12 months, timed to coincide with periods of minimum consumer usage.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.09 Storage Tank Inspection and Maintenance

(a) At least once every 5 years, the PORS O/O shall cause the inside of each water storage tank that is part of the PORS to be inspected and evaluated for structural strength, corrosion, and other factors related to water quality.

(b) Metal surfaces shall be painted or otherwise protected as determined by the PORS O/O, using materials approved in accordance with Env-Dw 403.01.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.10 Notice of Change of Personnel

Whenever a change in personnel as specified in Env-Dw 503.04(a) occurs, the PORS O/O shall notify the department as specified in Env-Dw 503.04(b) and (c), provided that any reference to “public water system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1206.11 Notice of Change of PORS O/O

Whenever ownership of a PORS is transferred to a new O/O, notifications shall be made as specified in Env-Dw 503.05, provided that any reference to “public water system” shall be deemed to mean “privately owned redistribution system”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

Part Env-Dw 1207 Bacteria Monitoring

N.H. Code Admin. R. Ann. Env-Dw 1207.01 Analysis of Samples

(a) All samples taken for analysis pursuant to this part shall be analyzed using the applicable laboratory method specified in 40 CFR 141, 142, or 143, as applicable.

(b) A PORS wishing to use an alternate analytical technique shall proceed in accordance with Env-Dw 707.06, provided that any reference to “PWS” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1207.02 Laboratory Results

(a) Laboratory results shall be used as specified in Env-Dw 707.04.

(b) Samples shall be considered for compliance purposes only if they have been analyzed by a laboratory accredited under Env-C 300.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1207.03 Maximum Contaminant Level (MCL) and Assessment Triggers for Bacteria

(a) The microbiological bacterial MCL specified in Env-Dw 702 shall apply to all PORS.

(b) The coliform assessment triggers specified in Env-Dw 709.22 shall apply to all PORS.

(c) A PORS shall determine compliance with the microbiological MCL for each month or time period in which it is required by Env-Dw 1207.07 to monitor for total coliforms.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1207.04 Location for Collection of Bacterial Samples

Sampling points shall be as specified in Env-Dw 709.02, provided that any reference to “PWS” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1207.05 Sample Volume and Collection Protocol

Sample volume and collection protocol shall be as specified in Env-Dw 709.21, provided that any reference to “PWS” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1207.06 Additional Bacterial Samples

Requirements for additional samples shall be as specified in Env-Dw 707.05.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1207.07 Frequency of Routine Monitoring for Total Coliforms

(a) The minimum monitoring frequency for total coliforms for PORS shall be based on the residential population served by the PORS, as specified in Env-Dw 709.05, provided that any reference to “CWS” or “community water system” shall be deemed to mean “PORS” or “privately owned redistribution system”, respectively.

(b) The O/O of a PORS that serves a non-residential population of 25 to 1,000 persons shall monitor in accordance with Env-Dw 709.08 or Env-Dw 709.11, as applicable, provided that any reference to “non-community water system”, “NCS”, “seasonal system”, or “system” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1207.08 Reduction in Total Coliform Monitoring

(a) The O/O of a residential PORS serving 25 to 1,000 persons may submit a written request to the department for a reduction in monitoring frequency in accordance with Env-Dw 709.06, provided that any reference to “CWS” shall be deemed to mean “PORS”.

(b) The O/O of a non-residential PORS may submit a written request to the department for a reduction in monitoring frequency in accordance with Env-Dw 709.12, provided that:

(1) Any reference to “seasonal system” shall be deemed to mean “PORS”; and

(2) The qualifier in Env-Dw 709.12(a) shall not apply.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1207.09 Repeat Monitoring

If a routine sample is positive for total coliform, the PORS O/O shall collect a set of repeat samples as specified in Env-Dw 709.15, provided that any reference to “PWS” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1207.10 Invalidation of Total Coliform Samples

Invalidation of total coliform samples shall be as specified in Env-Dw 709.18, provided that any reference to “PWS” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

Part Env-Dw 1208 Reporting Monitoring Data

N.H. Code Admin. R. Ann. Env-Dw 1208.01 Reporting Requirements

(a) The PORS O/O shall report to the department the results of any test measurement or analysis required by Env-Dw 1207 as specified in Env-Dw 719.01, provided that any reference to “public water system”, “PWS”, “water system”, or “system” shall be deemed to mean “PORS”.

(b) Reporting requirements for public notification shall be as specified in Env-Dw 801, provided that any reference to “public water system”, “PWS”, or “system” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1208.02 Reporting Data from Commercial or Other Laboratories

A PORS O/O who has samples analyzed to meet monitoring requirements by an accredited laboratory shall comply with Env-Dw 719, provided that any reference to “PWS” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

Part Env-Dw 1209 Response to Bacteria Violations

N.H. Code Admin. R. Ann. Env-Dw 1209.01 Bacteria

Violations. Bacteria violations shall be determined as specified in Env-Dw 709.23.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1209.02 Reporting and Notification of Violations

The O/O of a PORS at which a bacteria violation has occurred shall comply with Env-Dw 709.24 relative to reporting and notifications, provided that any reference to “PWS” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1209.03 Follow-up Testing for E. coli; Boil Orders

If any sample is positive for E. coli, the PORS O/O shall comply with Env-Dw 709.19, provided that any reference to “PWS” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

N.H. Code Admin. R. Ann. Env-Dw 1209.04 Notice to Consumers and Water Supplier

The O/O of a PORS at which a bacteria violation has occurred shall provide public notice as specified in the applicable sections of Env-Dw 801, provided that any reference to “public water system”, “PWS”, “consecutive system”, or “system” shall be deemed to mean “PORS”.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #12582, eff 7-24-18

Part Env-Dw 1210 Inspections and Assessments

N.H. Code Admin. R. Ann. Env-Dw 1210.01 Sanitary Survey Field Inspections and Assessments

Each PORS shall be subject to sanitary survey field inspections and assessments as specified in Env-Dw 720.

Appendix A: State Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Dw 1200 (see additional statutes for specific parts/ sections below)

RSA 485:1; RSA 485:41, I, III, V, & IX

Env-Dw 1202

RSA 485:1-a

Env-Dw 1203.02; Env-Dw 1204.02

RSA 485:8, I & II

Env-Dw 1210.01

RSA 485:4, III

Appendix B: Statutory Definitions from RSA 485:1-a

VII. “Maximum contaminant level (MCL)” means the maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of a public water system, except in the case of turbidity where the maximum permissible level is measured at the point of entry to the distribution system. Contaminants added to the water under circumstances controlled by the user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from the definition.

XIV-a. “Privately owned redistribution system” means a system for the provision of piped water for human consumption which does not meet the definition of public water system under paragraph XV, and meets all the following criteria: (1) obtains all of its water from, but is not owned or operated by, a public water system; (2) serves a population of at least 25 people, 10 household units, or 15 service connections, whichever is fewest, for at least 60 days per year; and (3) has exterior pumping facilities, not including facilities used to reduce pressure, or exterior storage facilities which are not part of building plumbing.

History

#9572, INTERIM, eff 10-21-09, EXPIRES: 4-19-10; ss by #9660, eff 2-24-10; ss by #9758, eff 7-30-10; ss by #12582, eff 7-24-18

Chapter Env-Dw 1300 Administrative Procedures for Grants and Loans FROM THE Drinking Water and Groundwater Trust Fund

Part Env-Dw 1301 Purpose; Applicability; Use of Standard Terms

N.H. Code Admin. R. Ann. Env-Dw 1301.01 Purpose

The purpose of this chapter is to support the work of the drinking water and groundwater advisory commission (commission) by establishing criteria and procedures for:

(a) Administering a competitive grant program for drinking water protection projects; and

(b) Administering the revolving loan fund established by RSA 485-F.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1301.02 Applicability

This chapter shall apply to any entity seeking financial assistance from the drinking water and groundwater trust fund (DWGTF).

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1301.03 Standard Terms

Any terms used in this chapter that are subject to Env-Dw 101.03 or that are defined in Env-Dw 103 shall have the meaning established therein.

History

#12903, eff 10-23-19

Part Env-Dw 1302 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Env-Dw 1302.01 Administrative costs

“Administrative costs” means expenses associated with managing DWGTF projects. The term includes but is not limited to costs for engineering and other consultants, environmental and technical reviews of proposed projects, participation in state overview inspections, and accounting and disbursement functions.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.02 Allonge

“Allonge” means an amendment to initial loan documents in which the final project cost and repayment terms are established.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.03 Applicant

“Applicant” means an entity that files a final application for financial assistance from the DWGTF.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.04 Application

“Application” means the written document(s), with attachments, through which financial assistance is requested. The term includes the final application.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.05 Asset maintenance and renewal plan

“Asset maintenance and renewal plan” means a plan developed and implemented by a recipient to maintain and eventually replace water system infrastructure funded in whole or in part by the DWGTF.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.06 Authorized representative

“Authorized representative” means an individual authorized by the applicant to sign documents associated with applying for and receiving funds from the DWGTF.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.07 Construction

“Construction” means the erection, building, acquisition, alteration, remodeling, improvement, or extension of any components of a water system.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.08 Department

“Department” means the department of environmental services.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.09 Disbursement

“Disbursement” means a transfer of funds from the DWGTF to a recipient.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.10 DWGTF attorney

“DWGTF attorney” means the attorney(s) under contract to the department for the purpose of providing legal review of initial loan documents and allonges and other legal services associated with loans to non-governmental entities.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.11 DWGTF financial advisor

“DWGTF financial advisor” means the individual or entity under contract to the department for the purpose of assessing the financial risk of providing financial assistance to non-governmental entities.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.12 Eligible costs

“Eligible costs” means project costs that are eligible for funding from the DWGTF, in accordance with RSA 485-F, as determined by the commission.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.13 Eligible entity

“Eligible entity” means an entity that has been determined by the commission to be eligible for financial assistance under RSA 485-F.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.14 Eligible project

“Eligible project” means a project that has been determined by the commission to be eligible for financial assistance under RSA 485-F.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.15 Engineering services

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.16 Environmental review

“Environmental review” means an analysis of the potential impact on the human and natural environment of a project for which funding from the DWGTF is sought.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.17 Excusable delay

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.18 Final project cost

“Final project cost” means the dollar amount of eligible project expenditures plus, for financial assistance in the form of a loan, any unpaid interest on the loan accrued during project planning, design, or construction, or any combination thereof.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.19 Financial assistance

“Financial assistance” means funds provided from the DWGTF in the form of loan or grant, or a combination thereof, to pay in whole or in part for a project selected for funding by the commission.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.20 Financial assistance agreement

“Financial assistance agreement” means the contract between the state and a recipient that establishes the rights and obligations of the state and the recipient relative to financial assistance from the DWGTF. The term includes original loan agreements, supplemental loan agreements, initial loan documents, allonges, and grant agreements.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.21 Governing body

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.22 Governmental entity

“Governmental entity” means any of the following that has responsibility for providing drinking water for public consumption or otherwise funding a water system:

(a) Any state agency, board, or commission;

(b) Any political subdivision of the state, including but not limited to a county, city, town, or district; and

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.23 Grant agreement

“Grant agreement” means the financial assistance agreement between the state and a recipient through which the state agrees to provide grant funds approved by the commission from the DWGTF to the recipient and the recipient agrees to use the grant funds as specified in its application as approved by the commission.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.24 Infrastructure

“Infrastructure” means all structures and all mechanical and electrical equipment that connect a source of water to end users in a water system, including but not limited to all sources, treatment, storage, and distribution facilities and the land necessary therefor.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.25 Infrastructure project

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.26 Initial loan documents

“Initial loan documents” means the initial financial assistance agreement between the state and a non-governmental recipient through which the state agrees to provide loan funds approved by the commission from the DWGTF to the recipient and the recipient promises to use the funds as specified in its application as approved by the commission and to repay the funds to the DWGTF.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.27 Initiation of operation

“Initiation of operation” means the date on which an infrastructure project that was funded in whole or in part using funds from the DWGTF is placed into use for the purposes for which it was intended.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.28 Land acquisition

“Land acquisition” means the purchase of an interest in land that is needed to complete an eligible project, whether in fee or by easement. The term includes all related costs as determined by the commission to be eligible.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.29 Maintenance

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.30 Operation

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.31 Operation and maintenance

“Operation and maintenance” means activities required to ensure the safe, dependable, and economical function of a water system.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.32 Original loan agreement

“Original loan agreement” means the initial financial assistance loan agreement between the state and a governmental recipient through which the state agrees to provide funds approved by the commission from the DWGTF to the recipient and the recipient promises to use the funds as specified in its application as approved by the commission and to repay the funds to the DWGTF.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.33 Planning

“Planning” means preparing and evaluating reports and studies of alternative solutions to water system problems in order to select the most cost-effective feasible option.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.34 Pledge

“Pledge” means the act or process through which a non-governmental recipient commits, obligates, and encumbers its real or personal property or its existing or anticipated revenues to the state as security and means for repayment of the loan received by the recipient from the DWGTF.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.35 Project

“Project” means the drinking water infrastructure project or source water protection project, or combination thereof, to be completed with DWGTF funding.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.36 Project completion

“Project completion” means the date on which all components of a source water protection project that was funded in whole or in part using funds from the DWGTF are finished.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.37 Project cost

“Project cost” means the applicant’s total direct and incidental costs of acquiring services, materials and land, constructing infrastructure, and otherwise implementing the project for which assistance from the DWGTF is sought.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.38 Recipient

“Recipient” means an applicant that receives financial assistance from the DWGTF.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.39 Repayment

“Repayment” means the payment of principal or interest, or both, on funds received as a loan by a recipient from the DWGTF.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.40 Replacement

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.41 Resident project representative

“Resident project representative” means an individual who:

(a) Is qualified by reason of education and experience to inspect infrastructure projects; and

(b) Reports to a licensed professional engineer if necessary based on the project and type of work to be done.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.42 Responsible bidder

“Responsible bidder” means an entity that:

(a) Has the technical knowledge necessary to perform the contract;

(b) Has adequate financial resources to perform the contract:

(d) Is able to deliver or otherwise perform according to the contract schedule;

(e) Has either a history of satisfactory performance or no history of unsatisfactory performance;

(f) Has good reputation for integrity; and

(g) Has or can obtain necessary data, equipment, and other resources to perform the contract.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.43 Scheduled completion date

“Scheduled completion date” means the date stated in the original loan agreement, initial loan documents, or grant agreement on which the project that received DWGTF funds is intended to be placed into use for the purposes for which it was intended or otherwise completed.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.44 Security

“Security” means real or personal property or other collateral that is pledged by a non-governmental recipient to ensure repayment of a loan to the DWGTF.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.45 Source water protection project

“Source water protection project” means a project designed and intended to protect drinking water resources against future contamination through measures including but not limited to the delineation of a wellhead protection area (WPA), land acquisition, or the acquisition and elimination of potential contamination sources, as described in RSA 485-C:7, within an existing WPA, water supply watershed, or area contributing to a potential future source of water for a public water system.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.46 State

“State” means the state of New Hampshire.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.47 Substantial completion

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.48 Supplemental loan agreement

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.49 User charge

“User charge” means a charge levied on users of a water system for the user’s share of the cost of water system operation and maintenance, plus any allocable portion of capital improvements.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1302.50 Water system

“Water system” means a “public water system” as defined in RSA 485:1-a, XV or a “privately owned redistribution system” as defined in RSA 485:1-a, XIV-a, both reprinted in Appendix B.

History

#12903, eff 10-23-19

Part Env-Dw 1303 Procedures for Receipt of Dwgtf Funds

N.H. Code Admin. R. Ann. Env-Dw 1303.01 Final Application and Project List Procedures

(a) Each applicant whose project is selected by the commission to proceed to a final application who wishes to continue in the process shall complete and submit to the department a final application that meets the requirements specified in Env-Dw 1303.02.

(b) The department shall request the commission to remove a project from the commission’s final list of projects if any of the following is true:

(1) The project is fully funded from other sources;

(2) The project is found to be ineligible;

(3) The applicant informs the department in writing that it does not intend to pursue financial assistance from the DWGTF; or

(4) The applicant does not submit a final application by the deadline established by the commission.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1303.02 Final Application Requirements

The application required by Env-Dw 1303.01(a) shall include the following:

(a) Such information as is required by the commission to confirm the eligibility of the entity and the project, on such forms as the commission requires;

(b) For loans:

(1) Confirmation of the applicant’s authority to borrow as specified in Env-Dw 1303.04;

(2) Verification of a revenue program as specified in Env-Dw 1303.07;

(3) Proof of insurance coverage as required by the state of New Hampshire’s standard contract form P-37 or successor; and

(4) For non-governmental entities, proof that the entity is registered with the NH secretary of state to do business in New Hampshire and is in good standing;

(1) Confirmation of the applicant’s authority to accept grant funds as specified in Env-Dw 1303.05;

(2) Proof of insurance coverage as required by the state of New Hampshire’s standard contract form P-37 or successor; and

(3) For non-governmental entities, proof that the entity is registered with the NH secretary of state to do business in New Hampshire and is in good standing;

(d) For projects other than source water protection projects:

(1) Information regarding the environmental review required by Env-Dw 1305, as specified in Env-Dw 1303.06; and

(2) A planning document as specified in Env-Dw 1303.08.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1303.03 Conditions Arising from Application; No Impact on Other Authority

(a) By applying for financial assistance, the applicant shall be deemed to have agreed to the following:

(1) From the time of a final application for a grant or loan for a project throughout all stages of construction and implementation, and at any other time while any loan from the DWGTF to the applicant is not fully repaid, the applicant shall allow the department to inspect:

a. The project and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project for which application is made; and

b. Any and all books, accounts, records, contracts or other instruments, documents, and other information possessed by the applicant or its contractors, agents, employees or representatives which relate in any respect to the receipt, deposit, or expenditure of financial assistance funds; and

(2) After project completion, the recipient shall allow the department to conduct periodic site visits to confirm that the project is functioning as intended.

(b) Nothing in these rules shall prevent the department from exercising any inspection or other regulatory authority relative to the applicant’s project or other regulated facilities conferred on the department by any provision of law.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1303.04 Applicant’s Authority to Borrow

(a) For a governmental applicant, the confirmation required by Env-Dw 1303.02(b)(1) shall consist of proof that the applicant’s governing body passed or approved a valid warrant article or resolution, as applicable, that:

(1) Authorizes the applicant to:

a. Raise, appropriate, and spend the amount of funds to be requested for the identified project;

b. Apply for funding from the DWGTF for the identified project; and

c. Enter into a binding financial agreement to repay all funds that are received as a loan;

(2) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as may be required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(3) Identifies, by name and title, each individual who is authorized to sign the original loan agreement and supplemental loan agreement should funds be awarded; and

(4) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements.

(b) For a non-governmental applicant, the confirmation required by Env-Dw 1303.02(b)(1) shall consist of proof that the applicant’s governing body passed a valid resolution that:

(1) Authorizes the applicant to:

a. Apply for funding from the DWGTF for the identified project;

b. Enter into a binding contract to repay all funds that are received as a loan; and

c. Pledge security to the state to ensure repayment;

(2) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as may be required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(3) Identifies, by name and title, each individual who is authorized to sign the initial loan document, allonge, and such promissory notes and security instruments as are required to complete the pledge of security should funds be awarded; and

(4) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements.

(1) The applicant’s bylaws or articles of incorporation, or both, as applicable; and

(2) The approved minutes of the meeting at which the resolution was approved.

(d) The proof required by (a) or (b), above, shall be in a written document that is certified and sealed by:

(1) The town clerk or equivalent for a governmental entity; or

(2) The board secretary or comparable official for a non-governmental entity.

(e) The applicant may provide the proof required by (a) or (b), above, in the format shown in the appropriate template obtained from the department.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1303.05 Applicant’s Authority to Accept Grant Funds

(a) For a governmental applicant, the confirmation required by Env-Dw 1303.02(c)(1) shall consist of proof that the applicant’s governing body passed or approved a valid warrant article or resolution, as applicable, that authorizes the applicant to accept grant funds either in general or specifically from the DWGTF for the identified project.

(b) For a non-governmental applicant, the confirmation required by Env-Dw 1303.02(c)(1) shall consist of proof that the applicant’s governing body passed a valid resolution that authorizes the applicant to accept grant funds either in general or specifically from the DWGTF for the identified project.

(c) A non-governmental applicant shall submit with the proof required by (b), above, copies of the approved minutes of the meeting at which the resolution provided pursuant to (b), above, was approved.

(d) The proof required by (a) or (b), above, shall be in a written document that is certified by:

(1) The town clerk or equivalent for a governmental entity; or

(2) The board secretary or comparable official for a non-governmental entity.

(e) The applicant may provide the proof required by (a) or (b), above, in the format shown in the appropriate template obtained from the department.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1303.06 Report of Environmental Review

The information required by Env-Dw 1303.02(d)(1) shall be as follows:

(a) The water system’s name, mailing address, and PWS identifier;

(b) The short title for the project;

(d) A description of the scope of the proposed project, including estimated costs;

(e) A list of each document that is available for public review that supplements the information provided pursuant to (d), above;

(f) A summary of potential environmental impacts arising from the proposed project relative to air emissions, noise, surface water, groundwater, wetlands, wildlife, and habitat;

(g) A summary of potential impacts on the community in terms of social and economic aspects, recreation, historic sites, and indirect impacts;

(h) The date the applicant’s governing body authorized funding for the project or is expected to authorize such funding;

(i) A statement that the applicant agrees to publish a public notice to initiate a 30-day comment period on the report; and

(j) An 8.5-inch by 11-inch copy of a topographic map on which the location of the project and maximum extent of disturbance are clearly marked.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1303.07 Establishment and Verification of Revenue Program for Loan Repayment

(a) The applicant shall establish:

(1) For all projects that include more than just land acquisition, a schedule of user charges that is designed to generate sufficient revenues to cover operation and maintenance expenses as well as any allocable portion of capital improvements; and

(2) A dedicated source or sources of revenue to repay the loan.

(d) For an applicant that is a governmental entity, the verification required by Env-Dw 1303.02(b)(2) shall be made by:

(1) Identifying the source of repayment;

(3) Certifying that the applicant has the financial capability to support both the project loan repayment and continuing operation and maintenance of its water system.

(e) For an applicant that is a non-governmental entity, the verification required by Env-Dw 1303.02(b)(2) shall be made by:

(1) Identifying the source of repayment; and

(2) Certifying that the applicant has the financial capability to support both the project loan repayment and continuing operation and maintenance of its water system.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1303.08 Planning Document

The planning document required by Env-Dw 1303.02(d)(2) shall facilitate review of the proposed project and alternatives thereto from the viewpoints of function, operation, economics, reliability, safety, efficiency, cost-effectiveness, and environmental compatibility, by providing the following:

(a) Identification of the planning area boundaries and characteristics and the existing needs related to the water system;

(d) The most current estimate of project cost itemized as to major facilities or items including land acquisition costs, fees for engineering services, fees for legal services, fees for financial services, contingencies, and interest during construction; and

(e) A statement that the applicant has a program in place for funding the maintenance and eventual replacement of the funded asset, or, if there is no such program in place, a plan for developing an asset maintenance and renewal plan as part of the funded infrastructure project.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1303.09 Requirements for Land Acquisition

(a) Prior to requesting any funds for disbursement relative to any land acquisition, the recipient shall comply with the requirements listed in (b), below, provided that:

(1) Any reference to “applicant” or “grantee” shall mean recipient; and

(2) Any reference to Env-Dw 1002.19 shall mean Env-Dw 1303.09.

(b) The requirements for which (a), above, requires compliance shall be as follows:

(1) Env-Dw 1002.21 Property Survey Requirements;

(2) Env-Dw 1002.22 Appraisal Requirements, except that the date referenced in Env-Dw 1002.22(e) shall be no earlier than one year prior to the date of a binding purchase and sale agreement;

(3) Env-Dw 1002.23 Title Examination and Opinion Requirements;

(4) Env-Dw 1002.24 Conservation Interest Instrument Requirements, except that land surface alterations may occur in conjunction with wildlife habitat management in addition to the reasons listed in Env-Dw 1002.24(b)(2);

(5) Env-Dw 1002.25 Snowmobile Trail Plan Approval;

(6) Env-Dw 1002.26 Stewardship Requirements; and

(7) Env-Dw 1002.27 Final Approval, Execution, and Deed Recordation.

History

#12903, eff 10-23-19

Part Env-Dw 1304 Financial Assistance; Payments; Accounting

N.H. Code Admin. R. Ann. Env-Dw 1304.01 Types of Assistance and Related Conditions

(a) Financial assistance awarded by the commission shall be in one of the following forms:

(1) An original loan;

(2) A grant; or

(3) A combination of a grant and a loan.

(b) Loans awarded by the commission shall be made only with the following conditions:

(1) A loan shall have a term specified in the final application;

(2) Principal and interest payments shall commence within one year of project completion;

(3) The recipient has established a dedicated source of revenue for repayment of the loan in accordance with Env-Dw 1303.07;

(4) The recipient has completed all necessary documentation and agreements required by the department to issue a loan; and

(5) The loan has been approved by the governor and council.

(1) The recipient has completed all necessary documentation and agreements required by the department to issue a grant; and

(2) The grant has been approved by the governor and council.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.02 Original Loan Agreements (OLAs) for Governmental Entities

(a) Following acceptance of an application for a loan from a governmental entity, the department shall prepare an original loan agreement (OLA) that contains the following provisions:

(1) The loan amount;

(2) The interest rate for the loan determined by the commission, provided that if the commission has established an interest rate that can vary over time, the rate shall be the rate in effect at the time the OLA is transmitted to the recipient;

(3) The length of the repayment term;

(4) A description of the project;

(5) Authorization for representatives of the department to examine any of the loan recipient’s records that pertain to transactions relating to the loan agreement, construction contracts, engineering contracts, or other consulting contracts for the purpose of inspection, audit, and copying during normal business hours;

(6) For all projects that include more than just land acquisition, a requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements; and

(7) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(b) The department shall transmit the OLA to the recipient for review. If the recipient wishes to receive the funds, the recipient shall sign and date the OLA and return the signed OLA to the department.

(c) Upon receipt of a signed OLA, the department shall sign the OLA and submit the OLA to the governor and executive council for approval.

(d) If approved by the governor and executive council, then:

(1) The OLA shall be effective upon approval; and

(2) The department shall send a copy of the approved OLA to the recipient.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.03 Initial Loan Documents (ILD) for Non-Governmental Entities

(a) Following acceptance of an application for a loan from a non-governmental entity, the department shall send the applicant’s financial information to the DWGTF financial advisor for review.

(b) If the department determines, based on the assessment provided by the DWGTF financial advisor, that lending money to the applicant would not pose an unreasonable risk of loss due to non-repayment of funds provided to the applicant, the department shall prepare the initial loan documents (ILD) that contain the following provisions:

(1) The loan amount;

(3) The length of the repayment term;

(4) A description of the project;

(5) Authorization for representatives of the department to examine any of the loan recipient’s records that pertain to transactions relating to the loan agreement, construction contracts, or engineering contracts for the purpose of inspection, audit, and copying during normal business hours;

(6) For all projects that include more than just land acquisition, a requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements;

(7) Security for the loan; and

(8) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(d) f the applicant agrees to the terms of the ILD as approved by the DWGTF attorney, the department shall submit the unsigned ILD to the governor and executive council for approval.

(e) If the governor and executive council approve the ILD, the department and the recipient shall schedule a loan closing for a mutually-acceptable date and time.

(f) The recipient shall bring any additional documents identified by the DWGTF attorney and listed in the loan closing agenda to the closing.

(g) After the recipient signs the ILD, the department shall:

(1) Sign the ILD; and

(2) Provide a copy of the signed ILD to the recipient and the DWGTF attorney.

(h) The ILD shall be effective upon signing by the recipient and the department.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.04 Grant Agreement (GA) Documents

(a) Following acceptance of an application for a grant, the department shall prepare a grant agreement (GA) that contains the following provisions:

(1) The grant amount;

(2) Project scope and budget;

(3) Grant payment terms;

(4) Authorization for representatives of the department to examine any of the loan recipient’s records that pertain to transactions relating to the grant agreement, construction contracts, engineering contracts, or other consulting contracts for the purpose of inspection, audit, and copying during normal business hours;

(5) For all projects that include more than just land acquisition, a requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements; and

(6) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(b) The department shall transmit the GA to the recipient for review. If the recipient agrees with the terms, the recipient shall sign and date the GA and return the signed GA to the department.

(c) Upon receipt of a signed GA, the department shall sign the GA and submit the GA to the governor and executive council for approval.

(d) If approved by the governor and executive council, then:

(1) The GA shall be effective upon approval; and

(2) The department shall send a copy of the approved GA to the recipient.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.05 Accrual of Interest Charges

(a) Interest on any loan funds disbursed to the recipient shall begin to accrue on the date of each disbursement of such funds by the state.

(b) The interest rate charged on the outstanding balance of disbursed funds prior to the scheduled completion date or substantial completion date shall be equal to 1.0 % annually.

(c) The interest rate charged on the outstanding balance of disbursed funds during repayment of the loan after the date of scheduled completion or substantial completion, whichever is earlier, shall be based on the repayment period selected by the applicant and the interest rate established in the loan agreement.

(d) The recipient shall pay interest charges incurred on disbursed funds by choosing to pay:

(1) Prior to the commencement of the loan repayment; or

(2) At the time of the first repayment, unless the charges are added to the outstanding principal balance at the recipient’s request; or

(3) A combination of (1) and (2), above.

(e) The interest rate during loan repayment shall be fixed over the loan repayment period.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.06 Timely Use of Funds

(a) A recipient shall begin to expend funds within 6 months of the effective date of a grant agreement or the effective date of the original loan agreement or initial loan documents, as applicable, unless otherwise specified in the GA, OLA, or ILD, as applicable.

(b) If a recipient fails to comply with (a), above, the department shall request the recipient to show cause why the loan or grant should not be cancelled.

(1) Be in writing; and

(2) Specify a date by which the recipient must respond in writing to the request.

(d) If the recipient shows that the delay in expending the funds was based on an excusable delay, the department shall:

(1) Not cancel the grant or loan, as applicable; and

(2) Notify the commission of such determination.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.07 Disbursement Requests

(a) To request a disbursement for eligible costs from the awarded funds, the recipient shall submit a written disbursement request to the department by mail or e-mail.

(b) The written request shall include the following, as applicable to the request:

(1) A written request for disbursement that includes the information specified in (c), below, and is signed as specified in (d), below; and

(2) As applicable:

a. Invoices for equipment and materials delivered and properly stored;

b. Invoices for engineering or consulting services;

c. Payment requisitions from the contractor(s); and

d. Invoices for eligible work not covered under a. through c., above.

(1) The name and mailing address of the recipient;

(2) The total amount of the original loan or grant;

(3) The DWGTF project number and disbursement request number;

(4) Whether the request is for a partial payment or for final payment;

(5) The start and end dates of the period covered by the request;

(6) For each of the following classifications, the amount for the total project, the amount determined to be DWGTF eligible, the amount included in previous requests, and the amount of the current request, as applicable:

a. Administrative costs;

b. Pre-construction costs;

c. Land acquisition;

d. Construction;

e. Construction administration;

f. Equipment;

g. Miscellaneous costs; and

h. Other, with a brief description;

(7) The total for each category of costs identified in (6), above;

(8) The percent of the loan or grant previously disbursed;

(9) The total percent of loan or grant disbursed including the current request; and

(10) The name and title of the authorized representative who is signing the request.

(d) The authorized representative shall sign and date the request.

(e) The signature provided pursuant to (d), above, shall constitute certification that:

(1) The project costs stated on the request are eligible project costs;

(2) The amount requested is not covered by any previous request; and

(3) The recipient has inspected all work covered by the request and all such work has been performed in accordance with all applicable requirements and to the recipient’s satisfaction.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.08 Disbursements

(a) The department shall approve a request submitted as specified in Env-Dw 1304.07 if it determines that:

(1) The costs covered by the request are eligible costs covered by the recipient’s financial assistance agreement; and

(2) The costs have not been covered by any previous disbursement.

(b) Upon approval of the request, the department shall authorize the disbursement to be made from the DWGTF, subject to Env-Dw 1304.09.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.09 Assurances for Infrastructure Projects

The department shall not disburse any DWGTF funds for construction until the recipient provides the following:

(a) A copy of the approval letter for project plans and specifications that incorporate best available technology for treating the water to meet drinking water quality standards;

(b) A written agreement to maintain project financial accounts in accordance with Env-Dw 1304.15 and to maintain project accounts as separate accounts; and

(c) A written agreement to provide notice of initiation of operation to the department upon beginning operation of the project.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.10 Supplemental Loan Agreement for Loans to Governmental Recipients

(a) Upon completion of a project by a governmental recipient, the department shall:

(1) Prepare a supplemental loan agreement (SLA) to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate as stated in the OLA or ILD; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the SLA to the recipient for review and signature.

(b) Upon receipt of a signed SLA, the department shall sign the SLA and send a copy thereof to the recipient.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.11 Allonge for Loans to Non-Governmental Recipients

(a) Upon completion of a project by a non-governmental recipient, the department shall:

(1) Prepare an allonge to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate as stated in the OLA or ILD; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the allonge to:

a. The DWGTF attorney for review; and

b. The recipient for review and signing.

(b) Upon receipt of a signed allonge, the department shall sign the allonge and send a copy thereof to the recipient.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.12 Loan Repayment

(a) The recipient shall repay all funds received and interest accrued thereon to the department as stipulated in the SLA or allonge, as applicable.

(b) The department shall deposit all funds that are repaid under this chapter to be credited directly to the DWGTF.

(1) Not exceed the loan term established in the SLA or allonge; and

(2) For governmental entities, begin by:

a. For infrastructure projects, the earlier of one year following substantial completion of the project or one year following the scheduled completion date as stated in the OLA or ILD, as applicable; or

b. For source water protection projects, one year following project completion.

(3) For non-governmental entities:

a. Commence interest-only payments by 6 months following:

For infrastructure projects, the earlier of substantial completion of the project or the scheduled completion date as stated in the OLA or ILD, as applicable; or
For SWP projects, 6 months following project completion; and

b. Commence principal and interest repayments by one year following:

For infrastructure projects, the earlier of substantial completion of the project or the scheduled completion date as stated in the OLA or ILD, as applicable; or
For SWP projects, 6 months following project completion

(d) The loan shall be amortized on an annual basis for governmental entities and on a monthly basis for non-governmental entities.

(e) Any recipient may repay a loan, in whole or in part, prior to the date stipulated in the loan agreement with no prepayment penalty.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.13 Modifications

For projects funded in whole or in part with funds from the DWGTF, if excusable delay results in the project not being completed by the scheduled completion date, the department shall:

(a) Offer to modify the OLA, ILD, or GA, as applicable, to account for the delays; and

(b) If the recipient so requests, negotiate an appropriate modification of the financial assistance agreement.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.14 Use of Funds; Return of Funds

(a) The recipient shall use and expend financial assistance provided from the DWGTF solely and exclusively for the payment of authorized eligible costs of the project for which the financial assistance was approved.

(b) If the recipient uses any funds provided from the DWGTF for anything other than eligible costs on the specific project for which such funds were furnished, the recipient shall return or otherwise repay to the department all such funds.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.15 Retainage

If the recipient intends to withhold a retainage, the recipient shall specify the terms and conditions relating to the retainage in the contract documents submitted pursuant to Env-Dw 1306.04.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1304.16 Accounting

Each recipient shall:

(a) Use generally accepted accounting principles;

(b) Place all funds received from the DWGTF in a project account for the sole purpose of planning, designing, and constructing or implementing the project as approved by the commission;

(c) Use all funds received from the DWGTF for the sole purpose of planning, designing, and constructing or implementing the project as approved by the commission;

(d) Provide an audit conducted by an accountant licensed under RSA 309-B who meets the qualifications for a forensic accountant established by the Governmental Accounting Standards Board (GASB) for a governmental entity or by the Financial Accounting Standards Board (FASB) for non-governmental entities in response to a department or commission request for an audit based on a reasonable suspicion of fraud or misuse of DWGTF funds;

(f) Comply with any special conditions specified by the department’s environmental determination until all financial obligations to the state have been discharged; and

(g) Continually abide by the terms of the financial assistance agreement, all applicable rules, and relevant state statutes for operation and maintenance of the facility.

History

#12903, eff 10-23-19

Part Env-Dw 1305 Environmental Review

N.H. Code Admin. R. Ann. Env-Dw 1305.01 Environmental Review Required

Any construction project for which financial assistance from the DWGTF is requested shall be reviewed by the department for impacts on the human and natural environment in accordance with this part.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1305.02 General Procedure

The department shall perform an environmental review and prepare an environmental review report based on the applicant’s proposed project as specified in Env-Dw 1108.

History

#12903, eff 10-23-19

Part Env-Dw 1306 Infrastructure Projects: Design, Construction, and Implementation Phases

N.H. Code Admin. R. Ann. Env-Dw 1306.01 Applicability

This part shall apply to infrastructure projects only.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.02 Consulting Contracts for Expenditures of DWGTF Funds

(a) For all projects funded from the DWGTF that require consulting services, the contract for such services shall contain the following:

(1) A description of the services to be provided by the consultant, including the due date for any report or plans that will be prepared;

(2) The recipient’s responsibilities under the contract;

(3) The estimated time of completion of the services covered by the contract;

(4) Compensation to be paid to the consultant; and

(5) Termination provisions.

(b) The recipient shall comply with all applicable procedures and incidental legal requirements in awarding the consultant’s contract.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.03 Engineering Plans and Specifications

(a) The applicant shall prepare and submit engineering plans and specifications that conform to the applicable design standards specified in Env-Dw 400, if applicable.

(b) Department approval of the plans and specifications shall not relieve the applicant of any liabilities or responsibilities with respect to the design, construction, operation, or performance of the project.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.04 Construction Contract Documents

(a) The recipient shall submit construction contract documents to the department for review and approval.

(b) No construction project shall be offered for public bid until after the department has reviewed and approved the contract documents as specified in Env-Dw 1306.05.

(1) Bidding requirements for the construction of the project, including bid advertisement or solicitation for competitive quotations, information for bidders, a bid proposal form that separates eligible construction from ineligible construction, and applicable bid security requirements;

(3) For loans and grants greater than $100,000, general and supplemental conditions for the construction of the project, including provisions requiring the contractor to obtain and maintain the appropriate insurance coverage;

(4) Plans and specifications as specified in Env-Dw 1306.03;

(5) Appendices including boring logs, permits and other details as appropriate;

(6) Provisions giving authorized representatives of the department access to all construction activities, books, records, and documents for the purpose of inspection, audit, and copying during normal business hours; and

(7) Such conditions, specifications, and other provisions as are required to comply with state and local law.

N.H. Code Admin. R. Ann. Env-Dw 1306.05 Department Review of Contract Documents

(a) The department shall review the contract documents submitted pursuant to Env-Dw 1306.03 within 30 calendar days of receipt.

(b) The department shall approve the contract documents if they:

(1) Meet the requirements listed in Env-Dw 1306.04(c);

(2) Are consistent with all applicable state requirements; and

(3) Are consistent with the planning document submitted pursuant to Env-Dw 1303.02(d)(2).

(c) After the contract documents are approved, no changes to the contract documents shall be made unless the recipient obtains prior approval from the department pursuant to Env-Dw 1306.06.

(d) After the contract documents are approved, no increases in project cost or scope shall be made unless the recipient obtains prior approval from the department pursuant to Env-Dw 1306.06.

(e) Department approval of the contract documents shall not relieve the applicant of any liabilities or responsibilities with respect to the design, construction, operation, or performance of the project.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.06 Bidding Requirements

Recipients shall comply with the following bidding requirements:

(a) The bid period shall be not less than 14 calendar days, unless the department has approved a shorter bid period due to an imminent threat to public health or safety;

(b) The advertisement for bids or competitive quotes shall include the following:

(1) The project name and contract number;

(2) The location of work;

(3) A description of work to be performed;

(4) The time and date at which the bids will be publicly opened and read aloud, and a statement that bids received after that time will not be accepted;

(5) An address and cost information for obtaining plans and specifications; and

(6) The addresses where plans and specifications can be examined;

(1) Reject any or all bids; and

(2) Waive any informalities or minor defects on bids received; and

(f) If any addenda to the bid are needed, the recipient shall:

(1) Submit the proposed addenda to the department for review as much in advance of issuing it as possible;

(2) Consult with the department about any comments or needed adjustments and refrain from issuing the addenda without approval from the department, which shall be granted if the addenda meet the criteria established in Env-Dw 1306.05(b); and

(3) Issue the approved addenda no less than 5 days prior to bid opening.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.07 Changes to Contract Documents and Project Cost or Scope

(a) After the contract documents have been approved by the department, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to or departure from the approved plans and specifications without the prior written approval of the department.

(b) A request to modify contract documents as described in (a), above, shall:

(1) Identify each change for which approval is sought;

(2) Explain the reason(s) for each change requested, including an explanation of the operational or economic consequences of the requested change(s) not being approved; and

(3) Explain how the request meets the criteria specified in (d) or (e), below, as applicable.

(c) The department shall approve or deny the request within 10 working days of receipt of a request that meets the criteria of (b), above.

(d) The department shall approve one or more changes in the contract documents if the recipient’s request demonstrates that the change(s) are:

(1) Eligible costs that can be covered by the existing financing arrangement, if there are any costs associated with the change(s);

(2) Consistent with the goal(s) of the project; and

(3) Protective of the health of the public served by the recipient’s water system.

(e) The department shall approve a request for an increase in project cost or scope if the following criteria are met:

(1) The increased cost or scope was not reasonably foreseeable at the time the original project proposal was submitted;

(2) The scope of the project as modified is consistent with the original intent of the financial assistance;

(3) The cost increase results in a total cost no greater than the prevailing rate for the item to which the cost is attributable such as, but not limited to, labor and materials;

(4) The item to which the cost increase is attributable is an eligible cost; and

(5) If the recipient has sufficient monies available at the time the request is filed to cover the proposed cost increase.

(f) The amount of funding provided from the DWGTF shall be increased only by approval from the commission and a formal amendment in writing from the department, with governor and council approval.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.08 Awarding Construction Contracts

(a) The recipient of financial assistance from the DWGTF for a construction project shall comply with all applicable legal procedures and other legal requirements in advertising for bids and awarding the construction contract.

(b) The text of the construction contract documents shall not vary from the text of the contract documents approved pursuant to Env-Dw 1306.05, unless a change has been approved pursuant to Env-Dw 1306.06.

(d) The recipient shall request approval from the department to award the construction contract by submitting the following in writing to the department:

(1) A revised estimate of eligible project costs;

(2) For loans and grants greater than $100,000, monthly cash flow projections;

(3) Evidence of solicitation for bids or competitive quotations;

(4) A tabulation of all bids that were received;

(5) A letter signed by the recipient’s authorized representative indicating the contract value and the name of the bidder to whom the contract is planned to be awarded;

(6) A copy of the bid proposal of the bidder to whom the contract is planned to be awarded;

(7) If the bidder selected is not the lowest bidder, an explanation of why the lowest bidder was not selected; and

(8) Certification that all necessary permits, land acquisitions, and easements have been secured.

(f) For all construction projects funded by the DWGTF program, following receipt of approval from the department the recipient shall sign a construction contract with the selected contractor.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.09 Recipient’s Obligations for Inspections During Construction

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.10 Department Inspections During Construction

(a) The recipient shall allow the department to inspect the project at any time in order to confirm that:

(1) The materials furnished meet the approved specifications; and

(2) The project is being built in accordance with the approved plans and specifications and any approved alterations.

(b) In conjunction with project inspections, the department shall:

(1) Inspect the materials that are visible at the time of the inspection to determine compliance with the approved plans and specifications; and

(2) Document the manner and progress of the project, conditions relating to the materials furnished, and on the contractor’s compliance with the approved plans and specifications for the project.

(d) The contractor and recipient shall provide the department with such accommodations as needed for the department to determine whether the work as performed is in accordance with the requirements and intent of the contract.

(f) Upon being notified of any such discrepancies, the recipient and the resident project representative shall immediately:

(1) Initiate necessary action to rectify the deficiencies; or

(2) Provide documentation to the department explaining the reason(s) for the discrepancies and demonstrating that the installation meets the applicable requirements.

(g) If the recipient’s resident project representative is not able to demonstrate that the material furnished or work performed conforms with the terms of the construction contract, the recipient shall direct the resident project representative to reject questionable materials and initiate other action provided for in the construction contract, including suspension where necessary, until all disputed issues are resolved in accordance with the terms of the construction contract.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.11 Testing During Construction

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.12 Construction Phase Submittal

During the construction phase of the project, the recipient shall submit:

(a) A notice of completion of construction to the department, upon completion of project construction; and

(b) Any other building phase submittals required by the financial assistance documents to be submitted for the department's approval.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1306.13 Final Inspection and Review of Records

(a) Upon completion of any project for which financial assistance from the DWGTF has been provided, the applicant shall furnish to the department written notification of completion.

(b) Upon receipt of such notification, or upon project completion should notification not be furnished as required, and prior to the department approving the final disbursement, the department shall:

(2) Review the recipient’s records relative to funds furnished to the recipient from the DWGTF.

History

#12903, eff 10-23-19

Part Env-Dw 1307 Waivers

N.H. Code Admin. R. Ann. Env-Dw 1307.01 Purpose

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1307.02 Procedures

(a) Any applicant or recipient who is or would be directly and adversely affected by the strict application of a rule in Env-Dw 1300 may request a waiver thereof from the department.

(b) Each request for a waiver shall be filed in writing by the authorized representative of the applicant or recipient, as applicable.

(c) Each request for a waiver shall include the information specified in Env-Dw 1307.03 and be signed as required by Env-Dw 1307.04.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1307.03 Content and Format of Requests

The person requesting the waiver shall provide the following information to the department:

(a) The name, mailing address, and daytime telephone number including area code of the requestor;

(b) The project to which the waiver request relates; and

(1) The number of the specific section of the rules;

(2) A complete explanation of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule as written;

(3) If applicable, a full explanation of the alternate(s) proposed to be substituted for the requirement in the rule, including documentation or data, or both, to support the alternative;

(4) Whether the need for the waiver is time-limited and, if so, the estimated length of time the waiver will be needed; and

(5) A complete explanation of why the applicant believes that having the waiver granted will meet the criteria in Env-Dw 1307.05.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1307.04 Signature Required

(a) The authorized representative of the applicant or recipient that is requesting the waiver shall sign the request.

(b) The authorized representative’s signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the best of the signer’s knowledge and belief;

(2) The signer understands that any waiver granted based on false, incomplete, or misleading information is subject to revocation; and

(3) The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1307.05 Criteria

(a) Subject to (b), below, the department shall grant a waiver if:

(1) Granting the waiver, conditional upon implementation of alternatives, if applicable, will result in circumstances that are as protective of the public, the environment, and the integrity of the DWGTF program as the requirements contained in this chapter;

(2) Granting the waiver, conditional upon implementation of alternatives, if applicable, will not adversely impact the department’s obligations under RSA 485-F; and

(3) Strict adherence to the rule would not be in the best interest of the public, the environment, or the DWGTF.

(1) Such statute or grant expressly provides that the requirement may be waived or modified; and

(2) In the case of a federal statute, EPA does not object to granting the waiver.

History

#12903, eff 10-23-19

N.H. Code Admin. R. Ann. Env-Dw 1307.06 Decisions

(b) The department shall include such conditions in a waiver as are necessary to ensure that the criteria specified in Env-Dw 1307.05 are met, including if applicable the implementation of alternatives.

Appendix A: State Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Dw 1300 (see below for additional statute for specific part)

RSA 485-F

Env-Dw 1307

RSA 541-A:22, IV

Appendix B: Statutory Definitions

RSA 485:1-a

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

History

#12903, eff 10-23-19

Chapter Env-Dw 1400 Per and Polyfluoroalkyl Substances (pfas) Remediation Grant and Loan Fund Programs for Certain Public Water Systems

Part Env-Dw 1401 Purpose; Applicability; Use of Standard Terms

N.H. Code Admin. R. Ann. Env-Dw 1401.01 Purpose

The purpose of this chapter is to implement RSA 485-H as to municipalities and certain public water systems by establishing criteria and procedures for administering the per and polyfluoroalkyl substances (PFAS) remediation loan fund (PFAS RLF) program to assist with the cost of complying with state maximum contaminant levels (MCLs) for PFAS as established in RSA 485:16-e.

History

#13164, eff 1-26-21, ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1401.02 Applicability

(a) This chapter shall apply to any:

(1) Municipality for municipal use;

(2) Municipality for use to assist private well users including funds necessary to address the reasonable administrative costs of the municipality;

(3) Community water system for use on an existing system or to expand a system to assist additional water users; and

(4) Non-profit, non-transient non-community water system.

(b) This chapter shall not apply to any publicly-owned and non-profit wastewater and wastewater residual treatment or storage facilities, as that portion of RSA 485-H will be implemented by Env-Wq 600.

History

#13164, eff 1-26-21, ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1401.03 Standard Terms

Any terms used in this chapter that are subject to Env-Dw 101.03 or that are defined in Env-Dw 103 shall have the meaning established therein unless otherwise specified herein.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

Part Env-Dw 1402 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Env-Dw 1402.01 Administrative costs

“Administrative costs” means expenses associated with managing PFAS RLF projects. The term includes but is not limited to costs for engineering and other consultants, environmental and technical reviews of proposed projects, participation in state overview inspections, and accounting and disbursement functions.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.02 Allonge

“Allonge” means an amendment to initial loan documents in which the final project cost and repayment terms are established.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.03 Applicant

“Applicant” means an entity that files an eligibility request or a final application, or both, for financial assistance from the PFAS RLF.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.04 Application

“Application” means the written document(s), with attachments, through which financial assistance is requested. The term includes the eligibility request and the final application.

N.H. Code Admin. R. Ann. Env-Dw 1402.05 Asset maintenance and renewal plan

“Asset maintenance and renewal plan” means a plan developed and implemented by a recipient to maintain and eventually replace water system infrastructure funded in whole or in part by the PFAS RLF.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.06 Authorized representative

“Authorized representative” means an individual authorized by the applicant to sign documents associated with applying for and receiving funds from the PFAS RLF.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.07 Community water system

“Community water system” means “community water system” as defined in RSA 485:1-a, I, reprinted in Appendix B.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.08 Construction

“Construction” means the erection, building, acquisition, alteration, remodeling, improvement, or extension of any components of a water system.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.09 Construction costs

“Construction costs” means the applicant’s total direct and incidental costs of a construction project for which funding from the PFAS RLF is sought, including acquiring land, acquiring services such as design, engineering, and application preparation, acquiring materials and labor, and administrative costs.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.10 Construction project

“Construction project” means a project intended to control, improve, or develop a water system’s source of water or its infrastructure, including the requisite planning, land acquisition, design, and construction.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.11 Contingent reimbursement

“Contingent reimbursement” means reimbursement of loan principle if funds become available as specified in RSA 485-H:6, and the term is separate and distinct from “loan forgiveness” as defined in Env-Dw 1402.30.

History

#13164, eff 1-26-21, ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.12 Department

“Department” means the department of environmental services.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.13 Disadvantaged affordability criteria

“Disadvantaged affordability criteria” means the criteria by which it is determined whether an eligible entity is eligible for loan forgiveness, as established in Env-Dw 1405.02.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.14 Disbursement

“Disbursement” means a transfer of funds from the PFAS RLF to a recipient.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.15 Eligible costs

“Eligible costs” means project costs that are eligible for funding from the PFAS RLF, in accordance with RSA 485-H and this chapter.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.16 Eligible entity

“Eligible entity” means an entity that has been determined by the department in accordance with this chapter to be eligible for financial assistance under RSA 485-H.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.17 Engineering services

“Engineering services” means consultations, investigations, reports, or other services in any combination relating to the design or construction, or both, of projects for which RSA 310-A requires a licensed professional engineer.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.18 Environmental review

“Environmental review” means an analysis of the potential impact on the human and natural environment of a project for which funding is sought from the PFAS RLF.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.19 Excusable delay

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.20 Final project cost

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.21 Financial assistance

“Financial assistance” means funds provided from the PFAS RLF in the form of loan or grant, or a combination thereof, to pay, in whole or in part, eligible costs for a project in any of the formats allowed by RSA 485-H:34 through RSA 485-H:6.

History

#13164, eff 1-26-21, ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.22 Financial assistance agreement

“Financial assistance agreement” means the contract between the state and a recipient that establishes the rights and obligations of the state and the recipient relative to financial assistance from the PFAS RLF. The term includes original loan agreements, supplemental loan agreements, initial loan documents, allonges, and grant agreements.

History

#13164, eff 1-26-21, ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.23 Governing body

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.24 Governmental entity

“Governmental entity” means any of the following that has responsibility for providing drinking water for public consumption or otherwise funding a water system:

(a) Any state agency, board, or commission;

(b) Any political subdivision of the state, including but not limited to a county, city, town, or district; and

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.25 Grant agreement

“Grant agreement” means the financial assistance agreement between the state and a

recipient through which the state agrees to provide grant funds approved by the department from the PFAS RLF to the recipient and the recipient agrees to use the grant funds as specified in its application as approved by the department.

History

# #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.26 Infrastructure

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.25); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.27 Initial loan documents

“Initial loan documents” means the initial financial assistance agreement between the state and a non-governmental recipient through which the state agrees to provide funds from the PFAS RLF to the recipient, and the recipient promises to use the funds as specified in its application and to repay the funds to the PFAS RLF.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.26); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.28 Initiation of operation

“Initiation of operation” means a project that was funded in whole or in part using funds from the PFAS RLF is placed into use for the purposes for which it was intended.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.27); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.29 Land acquisition

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.28); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.30 Loan forgiveness

“Loan forgiveness” means need-based forgiveness of principle repayment pursuant to RSA 485-H:5, and the term is separate and distinct from “contingent reimbursement” as defined in Env-Dw 1402.11.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.29); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.31 Maintenance

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.30); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.32 Materially or significantly affect project cost or estimated revenues

“Materially or significantly affect project cost or estimated revenues” means a change in estimated costs or revenues of more than 10%.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.31); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.33 Materially or significantly affect project design

“Materially or significantly affect project design” means a change that would:

(a) Alter the project’s performance standards;

(b) Alter the type of water treatment provided by the project;

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.32); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.34 Municipality

“Municipality” means a town, city, school district, or village district.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.35 Non-profit entity

“Non-profit entity” means an entity that qualifies as non-profit organization under the U.S. internal revenue code.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.33); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.36 Non-transient non-community water system

“Non-transient non-community water system” means “non-transient non-community

water system as defined in RSA 485:1-a, XI, reprinted in Appendix B.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.34); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.37 Operation

“Operation” means control of the processes and equipment that make up the water system. The term includes but is not limited to financial and personnel management, record keeping, laboratory control, process control, safety, and emergency operation planning.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.35); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.38 Operation and maintenance (O&M)

“Operation and maintenance (O&M)” means the functions, duties, and labor associated with the daily operations and normal repairs, replacement of parts and structural components, and other activities needed to preserve an asset so that it continues to serve its intended function, and the term includes treatment media replacement and disposal.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.36); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.39 Original loan agreement

“Original loan agreement” means the initial financial assistance agreement between the state and a governmental recipient through which the state agrees to provide funds from the PFAS RLF to the recipient and the recipient promises to repay the funds to the PFAS RLF.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.37); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.40 Person

“Person” means “person” as defined in RSA 485:1-a, XIII, reprinted in Appendix B.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.38); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.41 PFAS RLF attorney

“PFAS RLF attorney” means the attorney(s) under contract to the department for the purpose of providing:

(a) Legal review of initial loan documents and allonges; and

(b) Other legal services associated with providing financial assistance to non-governmental entities.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.39); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.42 PFAS RLF financial advisor

“PFAS RLF financial advisor” means the individual or entity under contract to the department for the purpose of assessing the financial risk of providing financial assistance to non-governmental entities.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.40); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.43 Planning

“Planning” means preparing and evaluating reports and studies of alternative PFAS remediation solutions in order to select the most cost-effective feasible option.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.41); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.44 Pledge

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.42); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.45 Project

“Project” means the project proposed to be completed with PFAS RLF funding, including the planning, design, or construction, or any combination thereof, of any or all aspects of the project that are necessary to comply with the MCLs for PFAS.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.43); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.46 Recipient

“Recipient” means an applicant that receives financial assistance from the PFAS RLF.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.44); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.47 Repayment

“Repayment” means the payment of principal or interest, or both, on funds received as a loan by a recipient from the PFAS RLF.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.45); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.48 Replacement

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.46); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.49 Resident project representative

“Resident project representative” means an individual who:

(a) Is qualified to the satisfaction of the recipient, in consultation with the department, by reason of education and experience to inspect construction projects; and

(b) Reports to a licensed professional engineer when the project’s plan and scope of work indicate supervision by an engineer is required.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.47); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.50 Responsible bidder

“Responsible bidder” means an entity that:

(a) Has the technical knowledge necessary to perform the contract;

(b) Has adequate financial resources to perform the contract:

(d) Is able to deliver or otherwise perform according to the contract schedule;

(e) Has either a history of satisfactory performance or no history of unsatisfactory performance;

(f) Has a good reputation for integrity as generally known in the industry or the community; and

(g) Has or can obtain necessary data, equipment, and other resources to perform the contract.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.48); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.51 Scheduled completion date

“Scheduled completion date” means the date stated in the original loan agreement, initial loan documents, or grant agreement on which the construction project that received PFAS RLF funds is intended to be placed into use for the purposes for which it was intended.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-280-22 (formerly Env-Dw 1402.49); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.52 Security

“Security” means real or personal property or other collateral that is pledged by a non-governmental recipient to ensure repayment of a loan to the state.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.50); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.53 State

“State” means the state of New Hampshire.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.51); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.54 Substantial completion

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.52); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.55 Supplemental loan agreement

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.53); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.56 User charge

“User charge” means a charge levied on users of a water system for the user’s share of the cost of water system operation and maintenance, plus any allocable portion of capital improvements.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.54); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1402.57 Water system

“Water system” means a public water system as defined by RSA 485:1-a, XV, reprinted in Appendix B.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1402.55); ss by #13372, eff 4-21-22

Part Env-Dw 1403 Eligibility; Eligibility Request Requirements

N.H. Code Admin. R. Ann. Env-Dw 1403.01 Eligible Projects and Costs

(a) Municipalities, community water systems and non-profit, non-transient non-community water systems whose testing shows exceedance of the PFAS drinking water standards as established in RSA 485:16-e shall be eligible to apply for financial assistance from the PFAS RLF for remediation efforts begun after September 30, 2019, as specified in RSA 485-H:3.

(b) The construction costs of a project shall be determined as eligible if the applicant demonstrates that the criteria stated in RSA 485-H:3, I and II, reprinted in Appendix C, are met.

(c) Costs of operation and maintenance (O&M) shall be determined as eligible to the extent they are directly and solely related to operating and maintaining infrastructure that was funded with PFAS RLF funds or that would have been eligible for such funding if it had been available and sought, regardless of when the infrastructure was constructed.

(d) The applicant shall demonstrate that reasonable efforts were made to obtain and use funds for any project costs or portion of project costs from any liable or potentially liable third party prior to receiving financial assistance from the PFAS RLF.

(e) The applicant’s demonstration of reasonable efforts pursuant to (d) above, shall include, but is not limited to:

(1) Maintaining and making available to the department any records the applicant has that are related to the liability or potential liability of any party;

(2) Responding to inquiries from the department related to identification of any liable or potentially liable party unless doing so would violate or waive a privilege;

(3) Answering questions and providing sworn testimony if requested by the department, or the N.H. department of justice, in any action to receive compensation from or pursuing any other remedy against any liable or potentially liable party, unless doing so would violate or waive a privilege;

(4) Provide the department with all settlement communications between the applicant and a liable or potentially liable third party, provided that doing so would not waive confidentiality;

(5) Providing the department with an opportunity to participate in settlement discussions with any liable or potentially liable third party, provided that doing so would not waive confidentiality; and

(6) If the department or the U.S. Environmental Protection Agency identifies an entity as a responsible party (RP) or potentially responsible party (PRP), the applicant shall contact the RP or PRP in writing and request payment for, at a minimum, any costs for which the applicant requests from the PFAS RLF.

(f) In order to ensure that an applicant does not receive loans or grants for any project or portion of a project proposed to remediate contamination caused by the negligence of the applicant, the applicant shall, at a minimum, provide to the department the following:

(1) Any documents or other information resulting from an audit, consultant report, investigation, or otherwise within the possession of the applicant indicating that the applicant caused or may have caused the PFAS contamination that the project is intended to address;

(2) Copies of any lawsuits, orders, allegations, complaints, or other documents asserting that the applicant caused the PFAS contamination that the project is intended to address; and;

(3) Any other documentation or information related to PFAS requested by the department.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1403.02 Additional Eligibility Criteria for Construction Projects

In order to be eligible for financial assistance from the PFAS RLF, construction projects also shall:

(a) Comply with applicable federal requirements;

(b) Comply with applicable state design criteria as specified in Env-Dw 400;

(c) For water supply treatment, be based on a 20-year life expectancy from the estimated date of initiation of operation; and

(d) For design capacity for intake or raw water mains, be based on a 40-year life expectancy from the estimated date of initiation of operation.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1403.03 Additional Eligibility Criteria for Costs of O&M

RESERVED

N.H. Code Admin. R. Ann. Env-Dw 1403.04 Eligibility Request Procedures for Construction Projects

Any entity meeting the eligibility requirements of Env-Dw 1403.01 and Env-Dw 1403.02 that wants to receive financial assistance from the PFAS RLF for a construction project shall file an eligibility request by:

(a) Completing an eligibility request as described in Env-Dw 1403.05;

(b) Signing and certifying the eligibility request as described in Env-Dw 1403.06; and

(1) Electronically, per the instructions in the eligibility request form that is available on the department’s website at www.des.nh.gov; or

(2) In writing, by US Postal Service mail, private delivery service, or other in-hand delivery to:

NHDES PFAS RLF Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

History

#13164, eff 1-26-21

N.H. Code Admin. R. Ann. Env-Dw 1403.05 Eligibility Request Information for Construction Projects

(a) To be processed as provided in Env-Dw 1403.07(a), the applicant shall provide the following information to the department on an “Eligibility Request” form, NHDES-W-03-257, August 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-257 or via the department’s web site at www.des.nh.gov, provided by the department:

(1) The water system’s name and the town or city in which it is located;

(2) The water system’s PWS identifier;

(3) The name, title, email address, and daytime telephone number of the applicant’s point of contact for the eligibility request;

(4) A short title for the project;

(5) A concise description of the proposed project, for example “develop replacement water source” or “upgrade treatment system” and of the need for the proposed project, together with a brief description of the alternatives that have been considered and a demonstration of how the eligibility requirements of RSA 485-H:3, I and II are met;

(6) The amount of loan or grant requested, of which the amount or proportion of grant shall not exceed the limit stated in RSA 485-H:11, I, reprinted in Appendix C;

(7) The loan term requested, which shall be 5, 10, 15, or 20 years, except that a system serving a community that meets the disadvantaged affordability criteria established in Env-Dw 1405.02 may request a 30-year term, provided the loan term shall not exceed the design life of the improvement for which the loan is being requested; and

(8) If the applicant uses a paper-based eligibility request, the name and title of the individual authorized by the applicant to sign the eligibility request on behalf of the applicant.

(b) The applicant also shall provide to the department as much of the following information as practicable and necessary to support the demonstration of eligibility pursuant to (a)(5), above:

(1) For construction costs, an estimate of total project costs, including materials and labor costs, a construction contingency, and estimated planning and engineering costs, plus the amount and a description of any other costs, which may include application preparation, and other administrative costs, together with a statement of all assumptions made in estimating the costs;

(2) The current residential water rate per single family home per year;

(3) The median household income of the population served, which may be based on:

a. The results of an income survey done within the prior 3 years;

b. Data from the American Community Survey, available at http://www.census.gov/acs; or

c. Data available on the department’s website;

(4) The date the applicant received governing body approval to borrow funds for the project or the date the applicant anticipates receiving such approval;

(5) The anticipated date that the:

a. Design will be started;

b. Construction contract will be awarded; and

c. Project will be completed; and

(6) The source of other funding contributing to the project, if any, and for each source the amount and status of the funding.

(c) The applicant shall provide a statement or documentation to the department outlining efforts to obtain and use funds for any project costs or portion of project costs from any liable or potentially liable third party pursuant to Env-Dw 1403.01(d).

(d) The applicant shall provide documentation to the department demonstrating that the applicant caused or may have caused the PFAS contamination that the project is intended to address pursuant to Env-Dw 1403.01(e), if applicable.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1403.06 Eligibility Request Signatures and Certifications

(a) The applicant shall sign and date the eligibility request as follows:

(1) If the applicant uses a paper-based eligibility request, the applicant’s authorized representative shall sign and date the eligibility request and print his or her name and title in the location indicated; and

(2) If the applicant uses the electronic eligibility request, submitting the eligibility request shall constitute the signature and the date the submission is received by the department shall constitute the date of the eligibility request.

(b) Submission of the eligibility request, whether electronically or on paper, shall constitute certification by the applicant that:

(1) The information provided is true, not misleading, and as complete as practicable, to the best knowledge and belief of the applicant;

(2) The applicant understands that any department determination that the applicant and the applicant’s project qualifies for funding from the PFAS RLF that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(3) The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(c) If the applicant’s authorized representative is, or is acting on behalf of, a listed engineer as defined in Env-C 502.10, the signature also shall constitute certification that the signer understands that the submittal of false or misleading information constitutes grounds for debarring the listed engineer from the roster.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1403.07 Department Processing of Eligibility Requests for Construction Projects

(a) The department shall consider each eligibility request in the order in which the eligibility requests were submitted if:

(1) The eligibility request contains sufficient information for the department to determine the identity of the applicant and the applicant’s point of contact, the nature and scope of the proposed project, and the term and amount of funding likely to be needed;

(2) The applicant is an eligible entity; and

(3) The proposed project meets the criteria specified in Env-Dw 1403.01 and Env-Dw 1403.02.

(b) If the applicant’s eligibility request meets the criteria in (a), above, the department shall provide written instructions for filing a final application as described in Env-Dw 1404.01, including the applicant’s and department’s agreed-to deadline for filing the final application.

(c) If the department determines that the applicant’s eligibility request does not meet the criteria in (a), above, the department shall notify the applicant of the reason(s) why in writing within 14 days of making the determination.

(d) In response to being notified that an eligibility request does not meet the criteria in (a), above, an applicant that is an eligible entity may modify or supplement any information and submit a new eligibility request to the department.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1403.08 Eligibility Request Procedures for Costs of O&M

Reserved

N.H. Code Admin. R. Ann. Env-Dw 1403.09 Eligibility Request Information for Costs of O&M

Reserved

N.H. Code Admin. R. Ann. Env-Dw 1403.10 Department Processing of Eligibility Requests for Costs of O&M

Reserved

Part Env-Dw 1404 Procedures for Receipt of Pfas Remediation Loan Funds

N.H. Code Admin. R. Ann. Env-Dw 1404.01 Final Application Requirements and Procedures for Construction Projects

(a) An applicant whose construction project is determined by the department to meet the criteria in Env-Dw 1403 who wishes to obtain funding shall submit a “Final Grant and Loan Application”, NHDES-W-03-258, August 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-258 or via the department’s web site at www.des.nh.gov, to the department, with the following:

(1) The information required for a final application specified in Env-Dw 1404.03;

(2) For loans, confirmation of the applicant’s authority to borrow as specified in Env-Dw 1404.04;

(3) For grants, confirmation of the applicant’s authority to accept grant funds as specified in Env-Dw 1404.05;

(4) Information regarding the environmental review required by Env-Dw 1406, as specified in Env-Dw 1404.06;

(5) The bank information specified in Env-Dw 1404.07;

(6) A planning document as specified in Env-Dw 1404.08; and

(7) Verification of a revenue program as specified in Env-Dw 1404.09.

(b) The department shall suspend further action on the application if any of the following are true:

(1) The project is found to be ineligible;

(2) The applicant informs the department in writing that it does not intend to pursue financial assistance from the PFAS RLF;

(3) The applicant does not submit a final application by the agreed-to deadline stated in the instructions sent pursuant to Env-Dw 1403.07(b); or

(4) Insufficient funds remain in the PFAS RLF account to execute the loan or grant.

(c) The department shall notify the applicant in writing if processing is suspended under (b)(1), (b)(3), or (b)(4), above.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.02 Conditions Arising from Application

; No Impact on Other Authority.

(a) By applying for financial assistance, the applicant agrees to the following:

(1) From the time of first application for financial assistance for a project throughout all stages of construction and implementation, and at any other time while any assistance from the PFAS RLF to the applicant is outstanding, the recipient shall allow the department to inspect, as provided in Env-Dw 1407.09(a) and Env-Dw 1407.14:

a. The project site and any and all incidental works, areas, facilities, and premises otherwise pertaining to the project for which application is made; and

b. Any and all books, accounts, records, contracts or other instruments, documents, and other information possessed by the recipient or its contractors, agents, employees, or representatives which relate in any respect to the receipt, deposit, or expenditure of financial assistance funds; and

(2) After project completion, the recipient shall allow the department to conduct periodic site visits to confirm that the project is functioning as intended.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.03 Information Required for Final Application for Construction Costs

The applicant shall provide the following information for a request for funding for a construction project:

(a) The water system’s name and PWS identifier;

(b) Whether the applicant is a governmental or non-governmental eligible entity;

(c) The water system’s mailing address, including street name and number or post office box number, city or town, and zip code including 4-digit extension;

(d) The name, title, email address, and daytime telephone number including area code of the applicant’s contact for:

(1) Questions regarding the final application; and

(2) Repayment billing;

(e) A short title for the project;

(f) The primary location where the work will be done;

(g) A concise explanation of the need for the proposed project, including how it will address public health protection, and what alternatives have been considered;

(h) An estimate of the following project costs:

(1) Estimated construction costs;

(2) A construction contingency of 10%;

(3) Estimated planning and engineering costs, which may include application preparation costs;

(4) The amount and a description of any other costs that are necessary for the project to achieve compliance with the PFAS MCLs; and

(5) The total estimated costs;

(i) The amount of the loan or grant being requested, of which the amount or proportion of grant shall not exceed the limit stated in RSA 485-H:11, I, reprinted in Appendix C;

(j) The term requested, which shall be 5, 10, 15, or 20 years, except that a system serving a community that meets the disadvantaged affordability criteria established in Env-Dw 1405.02 may request a 30-year term, provided the loan term shall not exceed the design life of the improvement for which the loan is being requested;

(k) The current residential water rate per single family home per year;

(l) The tentative project schedule, including:

(1) The actual or anticipated date the applicant was or will be authorized by its governing body to borrow funds for the project;

(2) The actual or anticipated date the design was or will be started;

(3) The anticipated date the construction contract will be awarded; and

(4) The anticipated date the project will be completed;

(m) A state vendor code number obtained pursuant to the vendor code requirements established by the New Hampshire department of administrative services, currently Adm 603;

(n) The name and title of the individual authorized by the applicant to sign the application on behalf of the applicant;

(o) For governmental applicants, a letter signed by an authorized representative stating whether or not the applicant has any debt outside the NH Municipal Bond Bank and, if the debt is rated, the rating;

(p) For non-governmental applicants, documentation of the extent of the applicant’s existing debt; and

(q) A copy of the applicant’s latest annual report or financial statements.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.04 Applicant’s Authority to Borrow

(a) For a governmental applicant, the confirmation required by Env-Dw 1404.01(a)(2) shall consist of a completed “Authority to Borrow - Public Entities”, NHDES-W-03-259, January 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-259 or via the departments’ web site at www.des.nh.gov, which shall constitute proof that the applicant’s governing body passed or approved a valid warrant article or resolution, as applicable, that:

(1) Authorizes the applicant to:

a. Raise, appropriate, and spend the amount of funds to be requested for the identified project;

b. Apply for funding for the identified project; and

c. Enter into a binding contract to repay all funds that are received as a loan;

(2) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as may be required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(3) Identifies, by name and title, each individual who is authorized to sign the original loan agreement and supplemental loan agreement should funds be awarded;

(4) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements; and

(5) Is signed and certified as provided in Env-Dw 1404.10.

(b) For a non-governmental applicant, the confirmation required by Env-Dw 1404.01(a)(2) shall consist of a completed “Authority to Borrow”, NHDES-W-03-260, January 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-260 or via the department’s web site at www.des.nh.gov, which shall constitute proof that the applicant’s governing body passed a valid resolution that:

(1) Authorizes the applicant to:

a. Apply for funding from the PFAS RLF for the identified project;

b. Enter into a binding contract to repay all funds that are received as a loan; and

c. Pledge security to the state to ensure such repayment;

(2) Designates an individual, by title and name, to be the applicant’s authorized representative for purposes of:

a. Signing and filing the application and furnishing such information, data, and documents pertaining to the application as required; and

b. If financial assistance is awarded, furnishing such information, data, and documents pertaining to disbursements of the funds;

(3) Includes any other approval actions that may be required to authorize borrowing of funds;

(4) Identifies, by name and title, each individual who is authorized to sign the initial loan document, allonge, and such promissory notes and security instruments as are required to complete the pledge of security should funds be awarded;

(5) Binds the applicant to operate and maintain all facilities constructed or modified with the funds received in accordance with all applicable requirements; and

(6) Is signed and certified as provided in Env-Dw 1404.10.

(1) The applicant’s bylaws or articles of incorporation, or both, as applicable; and

(2) The approved minutes of the meeting at which the resolution was approved.

(d) The proof required by (a) or (b), above, shall be in a written document that is certified and sealed by:

(1) The town clerk or equivalent for a governmental entity; or

(2) The board secretary or comparable official for a non-governmental entity.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.05 Applicant’s Authority to Accept Grant Funds

(a) For a governmental applicant, the confirmation required by Env-Dw 1404.01(a)(3) shall consist of proof that the applicant’s governing body passed or approved a valid warrant article or resolution, as applicable, that authorizes the applicant to accept grant funds either in general or specifically from the PFAS RLF for the identified project.

(b) For a non-governmental applicant, the confirmation required by Env-Dw 1404.01(a)(3) shall consist of proof that the applicant’s governing body passed a valid resolution that authorizes the applicant to accept grant funds either in general or specifically from the PFAS RLF for the identified project.

(d) The proof required by (a) or (b), above, shall be in a written document that is certified by:

(1) The town clerk or equivalent for a governmental entity; or

(2) The board secretary or comparable official for a non-governmental entity.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.06 Report of Environmental Review

The applicant shall provide the following information on the “Environmental Review” form, NHDES-W-03-261, January 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-261 or via the department’s web site at www.des.nh.gov:

(a) The water system’s name, mailing address, and PWS identifier;

(b) The short title for the project;

“The [PWS Name] has applied for funds through the State of New Hampshire Department of Environmental Services PFAS Remediation Loan Fund (PFAS RLF), in accordance with NH Code Admin. Rules Env-Dw 1400. This document fulfills the requirements of Env-Dw 1404.01(a)(4) relative to providing information on the environmental review required by Env-Dw 1406.”

(d) An overview of the applicant’s water system and its customers, including the system’s source(s), capacity, number of service connections, and approximate population served;

(e) An explanation of the need and justification for the proposed project;

(f) A description of the scope of the proposed project, including estimated costs;

(g) A list of each document that is available for public review that supplements the information provided pursuant to (d)-(f), above;

(h) A summary of potential environmental impacts arising from the proposed project relative to air emissions, noise, surface water, groundwater, wetlands, wildlife, and habitat;

(i) A summary of potential impacts on the community in terms of social and economic aspects, recreation, historic sites, and indirect impacts;

(j) The date the applicant’s governing body authorized funding for the project or is expected to authorize such funding;

(k) A statement that the applicant agrees to publish a public notice to initiate a 30-day comment period on the report; and

(l) An 8.5-inch by 11-inch copy of a topographic map at a scale that clearly identifies the location of the project and maximum extent of disturbance.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.07 Bank Information

The bank information required by Env-Dw 1404.01(a)(5) shall be as follows:

(a) The name of the recipient;

(b) The department-assigned project number;

(c) The name, title, daytime telephone and fax numbers including area code, and email address of the individual who will be the contact for billing and notifications of fund transfers;

(d) The name, title, daytime telephone and fax numbers including area code, and email address of the individual who will be the contact for audits;

(e) The name, mailing address, and main telephone number including area code of the recipient’s financial institution;

(f) The name, title, daytime telephone and fax numbers including area code, and email address of the recipient’s point of contact at the financial institution;

(g) The recipient’s financial institution’s ABA routing number for ACH transactions;

(h) The name on the account and the type of account, for example checking or savings; and

(i) The account number.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.08 Planning Document

The planning document required by Env-Dw 1404.01(a)(6) shall facilitate review of the proposed project and alternatives thereto from the viewpoints of function, operation, economics, reliability, safety, efficiency, cost-effectiveness, and environmental compatibility, by providing the following:

(a) Identification of the planning area boundaries and characteristics and the existing needs related to the water system;

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.09 Establishment and Verification of Revenue Program

(a) The applicant shall establish:

(1) A schedule of user charges that is designed to generate sufficient revenues to cover operation and maintenance expenses as well as any allocable portion of capital improvements; and

(2) A dedicated source or sources of revenue to repay the loan.

(d) For an applicant that is a governmental entity, the verification required by Env-Dw 1404.01(a)(7) shall be made using “Financial Certification - Publicly-Owned Systems”, NHDES-W-03-262, January 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-262 or via the department’s web site at www.des.nh.gov, by:

(1) Certifying that the applicant has the financial capability to support both the project loan repayment and continuing operation and maintenance of its water system;

(2) Identifying the source of repayment;

(3) Affirming that the applicant will conduct and report on a financial audit, including compliance and controls, in any calendar year it receives PFAS RLF funds in excess of $500,000; and

(4) Stating whether or not the applicant has existing debt outside the New Hampshire municipal bond bank and, if so, the amount of the debt and whether the debt is rated and, if the debt is rated, the rating; and

(5) Signing and certifying the certification as provided in Env-Dw 1404.10.

(e) For an applicant that is a non-governmental entity, the verification required by Env-Dw 1404.01(a)(7) shall be made using “Financial Certification - Privately-Owned Systems”, NHDES-W-03-263, January 2021, available at https://onlineforms.nh.gov/?FormTag=NHDES-W-03-263 or via the department’s web site at www.des.nh.gov, by:

(1) Identifying the source of repayment;

(2) Certifying that the applicant:

a. Has the financial capability to support both the project loan repayment and continuing operation and maintenance of its water system; and

b. Will conduct and report on a financial audit, including compliance and controls, in any calendar year it receives PFAS RLF funds in excess of $500,000; and

(3) Signing and certifying the certification as provided in Env-Dw 1404.10.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.10 Signatures and Certifications for Final Applications and Associated Documents

(a) The applicant’s authorized representative shall sign and date the final application as follows:

(1) If the applicant uses a paper-based application, the authorized representative shall sign and date the application and print his or her name and title in the location indicated; and

(2) If the applicant uses the web-based application, submitting the form shall constitute the signature and the date the submission is received by the department shall constitute the date of the application.

(b) Submission of the application, whether electronically or on paper, shall constitute certification by the signer that:

(1) The signer has been duly authorized by the applicant to sign the application;

(2) The information provided is true, complete, and not misleading to the knowledge and belief of the signer;

(3) The applicant understands that any department determination that the applicant and the applicant’s project qualifies for funding from the PFAS RLF that is based on false, incomplete, or misleading information is subject to modification, up to and including reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(4) The applicant and the signer are subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(c) If the applicant’s authorized representative is, or is acting on behalf of, a listed engineer as defined in Env-C 502.10, the signature also shall constitute certification that the signer understands that the submittal of false or misleading information constitutes grounds for debarring the listed engineer from the roster.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.11 Final Application Processing for Construction Projects

(a) The department shall determine that the application is complete and all or a portion of the proposed project is eligible for financial assistance from the PFAS RLF if:

(1) All or a portion of the proposed project is within the scope of eligible projects identified in Env-Dw 1403;

(2) The applicant has submitted all information and documents required by Env-Dw 1404.01; and

(3) The applicant has signed the application as required by Env-Dw 1404.10.

(b) The department shall notify the applicant in writing of its eligibility determination.

History

Rsvd by #13164; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1404.12 Final Application Requirements and Procedures for Costs of O&M

Reserved

N.H. Code Admin. R. Ann. Env-Dw 1404.13 Information Required for Final Application for Costs of O&M

Reserved

N.H. Code Admin. R. Ann. Env-Dw 1404.14 Final Application Processing for Costs of O&M

Reserved

Part Env-Dw 1405 Financial Assistance; Payments; Accounting

N.H. Code Admin. R. Ann. Env-Dw 1405.01 Types of Assistance and Related Conditions

(a) Financial assistance awarded by the department shall be one of the following:

(1) A grant;

(2) A loan;

(3) A combination of a grant and a loan;

(4) A combination of a grant, a loan, and loan forgiveness;

(5) A combination of a grant, a loan, and contingent reimbursement; or

(6) A combination of a grant, a loan, loan forgiveness, and contingent reimbursement.

(b) Loans awarded by the department shall be made only with the following conditions:

(1) A loan shall have a term not to exceed the maximum number of years specified in the final application;

(2) Principal and interest payments shall commence within:

a. One year of substantial project completion for construction projects; or

b. One year of loan closing for costs of O&M;

(3) The recipient shall establish a dedicated source of revenue for repayment of the loan in accordance with Env-Dw 1404.09;

(4) The recipient has completed all necessary documentation and agreements required by the department to issue a loan; and

(5) The loan has been approved by the governor and executive council (G&C).

(1) The recipient has completed all necessary documentation and agreements required by the department to issue a grant; and

(2) The grant has been approved by the G&C.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.02 Loan Forgiveness & Contingent Reimbursement

(a) The department shall forgive 10 percent of the loan principal to eligible entities that meet the following disadvantaged affordability criteria:

(1) The water system serves residents whose median household income (MHI) is less than the statewide MHI based on the most recent census data or income survey;

(2) The water system has a water rate that exceeds 0.8% of the MHI of the system; and

(3) At least 50% of the residential units served by the water system shall be occupied at least 6 months of the year by a population whose MHI is less than the statewide MHI based on the most recent census data or income survey.

(b) Community water systems owned by a county shall be eligible for loan forgiveness if the county MHI is below the statewide MHI.

(1) At the first repayment for governmental entities; and

(2) At each monthly repayment throughout the term of the loan for non-governmental entities.

(d) Total loan forgiveness under this section shall not exceed the amount specified in RSA 485-H:5, III.

(e) Contingent on availability of funds as specified in RSA 485-H:6, the department shall reimburse up to 50 percent of the loan principal to all loan recipients as specified in RSA 485-H:6, II, as follows:

(1) If insufficient funds are received by the state to cover 50 percent of the principal, the reimbursement shall be prorated;

(2) In no instance shall the loan reimbursement exceed 50 percent of the total loan amount, unless the recipient received loan forgiveness under RSA 485-H:5, in which case the combined maximum shall be 60 percent; and

(3) In the event a loan recipient receives compensation from a responsible party, the department shall not grant partial loan forgiveness that in combination with any compensation would exceed 100 percent of the total cost of the remediation.

(f) For both governmental and non-governmental entities, contingent reimbursement amounts shall at the time of award be immediately subtracted from the remaining principle and if the remaining principle is less than the award amount then the difference shall be reimbursed.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.03 Original Loan Agreements (OLAs) for Governmental Entities

(1) The loan amount;

(2) The interest rate for the loan;

(3) The length of the repayment term;

(4) A description of the construction project or costs of O&M, as applicable;

(6) For construction projects, a requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements; and

(7) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(b) The department shall transmit the OLA to the recipient for review. If the recipient agrees with the terms, the recipient shall sign and date the OLA and return the signed OLA to the department.

(d) If approved by the G&C, then:

(1) The OLA shall be effective upon approval by the G&C; and

(2) The department shall send a copy of the approved OLA to the recipient.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.04 Initial Loan Documents (ILDs) for Non-Governmental Entities

(a) Following acceptance of an application from a non-governmental entity, the department shall send the applicant’s financial information to the PFAS RLF financial advisor for review.

(b) If the department determines, based on the assessment provided by the PFAS RLF financial advisor, that lending money to the applicant would not pose an unreasonable risk of loss due to non-repayment of funds provided to the applicant, the department shall prepare the initial loan documents (ILD) that contain the following provisions:

(1) The loan amount;

(2) The interest rate for the loan;

(3) The length of the repayment term;

(4) A description of the construction project or costs of O&M, as applicable;

(5) Authorization for representatives of the department to examine any of the loan recipient’s records that pertain to transactions relating to the loan agreement, construction contracts, or engineering contracts for the purpose of inspection, audit, and copying during normal business hours;

(6) For construction projects, a requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements;

(7) Security for the loan; and

(8) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(d) If the applicant agrees to the terms of the ILD and the PFAS RLF attorney does not identify issues that could cause the ILD to not be enforceable, the department shall submit the unsigned ILD to the G&C for approval.

(e) If the G&C approves the ILD, the department and the recipient shall schedule a loan closing for a mutually-acceptable date and time.

(f) The recipient shall bring the following documents to the closing:

(3) Any additional documents identified by the PFAS RLF attorney and identified in the loan closing agenda.

(g) After the recipient signs the ILD, the department shall:

(1) Sign the ILD; and

(2) Provide a copy of the signed ILD to the recipient, the PFAS RLF financial advisor, and the PFAS RLF attorney.

(h) The ILD shall be effective upon signing by the recipient and the department.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.05 Grant Agreement (GA) Documents

(a) Following acceptance of an application for a grant, the department shall prepare a grant agreement (GA) that contains the following provisions:

(1) The grant amount;

(2) Project scope and budget;

(3) Grant payment terms;

(5) For construction projects, a requirement for the recipient to develop and adhere to an asset maintenance and renewal plan for the funded improvements; and

(6) Any other provision(s) required by state or federal law in order for the agreement to be valid.

(b) The department shall transmit the GA to the recipient for review. If the recipient agrees with the terms, the recipient shall sign and date the GA and return the signed GA to the department.

(d) If approved by the G&C, then:

(1) The GA shall be effective upon approval; and

(2) The department shall send a copy of the approved GA to the recipient.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.06 Interest Rates Established

(a) The interest rate charged on the outstanding balance of disbursed funds prior to the scheduled completion date or substantial completion date for a construction project or date of first repayment for costs of O&M shall be equal to 1.0 % annually.

(b) The interest rate charged on the outstanding balance of disbursed funds after the date of scheduled completion or substantial completion, whichever is earlier, for a construction project or date of first repayment for costs of O&M shall be the interest rate established pursuant to (c), below, that is in effect at the time the loan agreement is transmitted to the recipient pursuant to Env-Dw 1405.03(b) or Env-Dw 1405.04(c), as applicable.

(c) The department shall establish the interest rates for all loans annually on the first Thursday in August based on the 11-Bond Index published the last week of July in The Bond Buyer, as provided by the New Hampshire treasury department.

(d) Loans funded jointly with the drinking water state revolving fund (DWSRF) shall receive the DWSRF rate as set forth in Env‐Dw 1100 et seq.

(e) Provisions of federal law that apply when federal funding is received shall not apply to PFAS RLF construction projects unless the project receives federal funding from another source, such as from the DWSRF.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.05); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.07 Accrual of Interest Charges

(a) Interest on any loan funds disbursed to the recipient shall begin to accrue on the date of each disbursement of such funds by the state.

(b) The recipient shall pay interest charges incurred on disbursed funds by choosing to pay:

(1) Prior to the commencement of the loan repayment;

(2) At the time of the first repayment;

(3) By adding the accrued interest to the outstanding principal balance, provided the resulting balance does not exceed the amount of the approved loan; or

(4) A combination of (1) through (3), above.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.06);` ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.08 Timely Use of Funds

(a) A recipient shall begin to expend funds within 6 months of the effective date of the grant agreement, original loan agreement, or initial loan documents, as applicable.

(b) If a recipient fails to comply with (a), above, the department shall request the recipient to show cause why the loan or grant should not be cancelled.

(1) Be in writing;

(2) Specify a date by which the recipient shall respond to the request, which shall be not less than 20 working days from the date of the notice; and

(3) Inform the recipient that the recipient may request an adjudicative hearing prior to the loan being cancelled.

(d) If the recipient wishes to have an adjudicative hearing, the recipient shall:

(1) Respond in writing to the request sent by the department pursuant to (b), above; and

(2) Include a request for a hearing in the response.

(e) If the recipient requests an adjudicative hearing and a settlement is not reached, the hearing shall be conducted in accordance with the provisions of Env-C 200 that apply to such hearings.

History

#13164, eff 1-26-21; ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22 (formerly Env-Dw 1405.07); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.09 Disbursement Requests for Construction Projects

(a) To obtain a disbursement for eligible work and equipment from the funds awarded for a construction project, the recipient shall submit a written disbursement request to the department by mail or email.

(b) The written request shall include the following:

(1) A written request for disbursement that includes the information specified in (c), below, and is signed as specified in (d), below; and

(2) As applicable:

a. Invoices for equipment and materials delivered and properly stored;

b. Invoices for engineering or consulting services;

c. Payment requisitions from the contractor(s); and

d. Invoices for eligible work not covered under a. through c., above.

(1) The name and mailing address of the recipient;

(2) The total amount of the original loan or grant;

(3) The PFAS RLF project number and disbursement request number;

(4) Whether the request is for a partial payment or for final payment;

(5) The start and end dates of the period covered by the request;

(6) For each of the following classifications, the amount for the total project, the amount determined to be PFAS RLF eligible, the amount included in previous requests, and the amount of the current request, as applicable:

a. Administrative costs;

b. Pre-construction costs;

c. Construction;

d. Construction administration;

e. Equipment;

f. Miscellaneous costs; and

g. Other, with a brief description;

(7) The total for each category of costs identified in (6), above;

(8) The percent of the loan or grant previously disbursed;

(9) The total percent of loan or grant disbursed including the current request; and

(10) The name, title, and signature of the authorized representative;

(d) The recipient shall not make disbursement requests more frequently than once per calendar month per loan or grant.

History

#13164, eff 1-26-21 ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22 (formerly Env-Dw 1405.08); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.10 Disbursements

(a) The department shall approve a request submitted as specified in Env-Dw 1405.09 if it determines:

(1) The costs covered by the request are eligible costs covered by the recipient’s financial assistance agreement; and

(2) The costs have not been covered by any previous disbursement.

(b) Upon approval of the request, the department shall authorize the disbursement to be made from the PFAS RLF, subject to Env-Dw 1405.11.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.09); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.11 Assurances for Construction Projects

The department shall not disburse any PFAS RLF funds for a construction project until the recipient provides evidence of the following:

(a) Approved project plans and specifications, if applicable;

(b) Compliance with best available technology where applicable for primary and secondary contaminants;

(c) A written agreement to maintain project financial accounts in accordance with Env-Dw 1405.19 and to maintain project accounts as separate accounts; and

(d) A written agreement to provide notice of initiation of operation to the department upon beginning operation of the project.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.10); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.12 Supplemental Loan Agreement for Loans to Governmental Recipients for Construction Projects

(a) Upon completion of a construction project by a governmental recipient, the department shall:

(1) Prepare a supplemental loan agreement (SLA) to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate as stated in the OLA; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the SLA to the recipient, who shall review and sign it.

(b) Upon receipt of the signed SLA, the department shall sign the SLA and send a copy thereof to the recipient.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.11); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.13 Allonge for Loans to Non-Governmental Recipients for Construction Projects

(a) Upon completion of a construction project by a non-governmental recipient, the department shall:

(1) Prepare an allonge to reflect actual project expenditures and to establish:

a. The loan term selected by the recipient and the corresponding interest rate as stated in the ILD; and

b. The loan repayment schedule based on the final project cost; and

(2) Transmit the allonge to:

a. The PFAS RLF attorney for review; and

b. The recipient, who shall review and sign it.

(b) Upon receipt of a signed allonge, the department shall sign the allonge and send a copy thereof to the recipient.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.12); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.14 Supplemental Loan Agreement for Loans to Governmental Recipients for O&M Costs

Reserved

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.13)

N.H. Code Admin. R. Ann. Env-Dw 1405.15 Allonge for Loans to Non-Governmental Recipients for O&M Costs

Reserved

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.14)

N.H. Code Admin. R. Ann. Env-Dw 1405.16 Loan Repayment

(a) The recipient shall repay all funds received and interest accrued thereon to the department as stipulated in the SLA or allonge, as applicable.

(b) The department shall deposit all funds that are repaid under this chapter to be credited directly to the PFAS RLF.

(c) A community that meets the disadvantaged affordability criteria established in Env-Dw 1405.02 that has received loan forgiveness pursuant to Env-Dw 1405.02 shall repay only such funds and interest remaining, if any, after the forgiveness is applied.

(d) The loan repayment shall:

(1) Not exceed the loan term established in the SLA or allonge;

(2) For governmental recipients for construction projects, begin by the earlier of one year following substantial completion of the project or one year following the scheduled completion date as stated in the OLA; and

(3) For non-governmental recipients for construction projects:

a. Commence interest-only payments by 6 months following the earlier of substantial completion of the project or the scheduled completion date as stated in the ILD; and

b. Commence principal and interest repayments by one year following the earlier of substantial completion of the project or the scheduled completion date as stated in the ILD.

(e) The loan shall be amortized on an annual basis for governmental entities and on a monthly basis for non-governmental entities.

(f) Should excusable delay be incurred beyond the scheduled completion date of a construction project, the department shall:

(1) Offer to modify the SLA or allonge, as applicable, to account for the delays; and

(2) If the recipient so requests, negotiate an appropriate modification of the SLA or allonge, as applicable.

(g) Any recipient may repay a loan, in whole or in part, prior to the date stipulated in the SLA or allonge, as applicable, with no prepayment penalty.

(h) Any money received from a liable or potentially liable third party prior to or after receiving a loan from the PFAS RLF shall be applied to early repayment of the loan.

History

#13164, eff 1-26-21l ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22 (formerly Env-Dw 1405.15); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.17 Use of Funds; Return of Funds

(a) The recipient shall use and expend financial assistance provided from the PFAS RLF solely and exclusively for the payment of authorized eligible construction costs or costs of O&M, as applicable, for which the financial assistance was approved.

(b) If the recipient uses any funds provided from the PFAS RLF for anything other than eligible costs on the specific project for which such funds were furnished, the recipient shall return or otherwise repay to the department all such funds.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.16); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.18 Retainage for Construction Projects

(a) The recipient may withhold a percentage of all partial payments to contractors on a construction project as retainage until the project is complete.

(b) If the recipient intends to withhold a retainage, the recipient shall specify the terms and conditions relating to the retainage in the contract documents submitted pursuant to Env-Dw 1407.03.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.17); ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1405.19 Accounting

Each recipient shall:

(a) Use generally accepted accounting principles;

(b) Place all funds received from the PFAS RLF in a project account for the sole purpose of planning, designing, and constructing the construction project or costs of O&M, as applicable, as approved by the department;

(c) Use all funds received from the PFAS RLF for the sole purpose of planning, designing, and constructing the construction project or paying O&M costs, as applicable, as approved by the department;

(d) Provide to the department an audit conducted by an accountant licensed under RSA 309-B who meets the qualifications for a forensic accountant established by the Governmental Accounting Standards Board (GASB) for a governmental entity or by the Financial Accounting Standards Board (FASB) for non-governmental entities:

(1) Annually, if the recipient expends more than $500,000 of PFAS RLF funds in a calendar year; or

(2) In response to a department request for an audit based on a reasonable suspicion of fraud or misuse of PFAS RLF funds;

(e) For a construction project, maintain insurance coverage on the project in an amount adequate to protect the state’s investment, as determined based on the nature of the project and the amount of funding provided from the PFAS RLF in consultation with the department;

(f) For a construction project, comply with any special conditions specified by the department’s environmental determination until all financial obligations to the state have been discharged; and

(g) Continually abide by the terms of the financial assistance agreement, applicable rules, and relevant state and federal statutes for operation and maintenance of the facility.

History

#13164, eff 1-26-21; renumbered by #13289 (formerly Env-Dw 1405.18); ss by #13372, eff 4-21-22

Part Env-Dw 1406 Environmental Review for Construction Projects

N.H. Code Admin. R. Ann. Env-Dw 1406.01 Environmental Review Required for Construction Projects

Any construction project for which financial assistance from the PFAS RLF is requested shall be reviewed by the department for impacts on the human and natural environment in accordance with this part.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1406.02 General Procedure

The department shall perform an environmental review and prepare an environmental review report based on the applicant’s proposed construction project as specified in Env-Dw 1108.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

Part Env-Dw 1407 Design, Construction, and Implementation Phases for Construction Projects

N.H. Code Admin. R. Ann. Env-Dw 1407.01 Consulting Contracts for Expenditures of PFAS RLF Funds

(a) For all construction projects funded from the PFAS RLF that require consulting services, the contract for such services shall contain the following:

(1) A description of the services to be provided by the consultant, including the due date for any report or plans that will be prepared;

(2) The recipient’s responsibilities under the contract;

(3) The estimated time of completion of the services covered by the contract;

(4) Compensation to be paid to the consultant; and

(5) Termination provisions.

(b) The recipient shall comply with all applicable procedures and incidental legal requirements in awarding the consultant’s contract.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.02 Plans and Specifications for Construction Projects

(a) For construction projects, the recipient shall submit engineering plans and specifications that conform to the applicable design standards specified in Env-Dw 400.

(b) For projects other than construction projects, the recipient shall submit plans and specifications that are appropriate to the proposed project.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.03 Construction Contract Documents for Construction Projects

(a) The recipient shall submit construction contract documents to the department for review and approval.

(b) No construction project shall be offered for public bid until after the department has reviewed the contract documents as specified in Env-Dw 1407.04.

(1) Bidding requirements for the construction of the project that meet the requirements in Env-Dw 1407.05, including bid advertisement or solicitation for competitive quotations, information for bidders, a bid proposal form that separates eligible construction from ineligible construction, and applicable bid security requirements;

(4) Plans and specifications as specified in Env-Dw 1407.02;

(5) Appendices including boring logs, permits, and other details as appropriate;

(7) Such conditions, specifications, and other provisions as are required to comply with state and local law.

History

#13164, eff 1-26-21l ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.04 Department Review of Construction Contract Documents

(a) The department shall review the construction contract documents submitted pursuant to Env-Dw 1407.03 within 30 calendar days of receipt.

(b) The department shall approve the contract documents if they:

(1) Meet the requirements listed in Env-Dw 1407.03(c);

(2) Are consistent with all applicable state requirements; and

(3) Are consistent with the planning document submitted pursuant to Env-Dw 1404.08.

(c) After the contract documents are approved, no changes to the contract documents shall be made unless the recipient obtains prior approval from the department pursuant to Env-Dw 1407.06.

(d) After the contract documents are approved, no increases in project cost or scope shall be made unless the recipient obtains prior approval from the department pursuant to Env-Dw 1407.06.

History

#13164, eff 1-26-21l ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.05 Bidding Requirements for Construction Contracts

Recipients of funds for a construction project shall comply with the following bidding requirements:

(a) The bid period shall be not less than 14 calendar days, unless the department has approved a shorter bid period due to an imminent threat to public health or safety;

(b) The advertisement for bids or competitive quotes shall include the following information:

(1) The project name and contract number;

(2) The location of work;

(3) A description of work to be performed;

(4) The time and date at which the bids will be publicly opened and read aloud, and a statement that bids received after that time will not be accepted;

(5) An address and cost information for obtaining plans and specifications; and

(6) The addresses where plans and specifications can be examined;

(2) A statement that a 100% performance bond and a 100% payment bond will be required;

(d) The recipient shall reserve the right to:

(1) Reject any or all bids; and

(2) Waive any informalities or minor defects on bids received; and

(e) If any addenda to the bid are needed, the recipient shall:

(1) Submit the proposed addenda to the department for review as much in advance of issuing it as possible;

(2) Refrain from issuing the addenda without approval from the department; and

(3) Issue the approved addenda 5 days or more prior to bid opening.

]

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.06 Changes to Construction Contract Documents and Construction Project Cost or Scope

(a) After the construction contract documents have been approved by the department, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to or departure from the approved plans and specifications that would materially or significantly affect project cost, estimated revenues, or project design without the prior written approval of the department.

(b) A request to modify contract documents as described in (a), above, shall:

(1) Identify each change for which approval is sought;

(2) Explain the reason(s) for each change requested, including an explanation of the operational or economic consequences of the requested change(s) not being approved; and

(3) Explain how the request meets the criteria specified in (d) or (e), below, as applicable.

(c) The department shall approve or deny the request within 10 working days of receipt of a request that meets the criteria of (b), above.

(d) For changes other than increases to project cost or scope, the department shall approve each requested change in the contract documents that the recipient demonstrates are:

(1) Eligible costs that can be covered by the existing financing arrangement, if there are any costs associated with the change(s);

(2) Consistent with the goal(s) of the project; and

(3) Protective of the health of the public served by the recipient’s water system.

(e) The department shall approve a request for an increase in project cost or scope if the following criteria are met:

(1) The increased cost or scope was not reasonably foreseeable at the time the original project proposal was submitted;

(2) The cost increase results in a total cost no greater than the prevailing rate for the item to which the cost is attributable such as, but not limited to, labor and materials; and

(3) The item to which the cost increase is attributable is an eligible cost as specified in Env-Dw 1403; and

(4) The PFAS RLF has sufficient monies available at the time the request is filed to cover the proposed cost increase.

(f) The amount of funding provided from the PFAS RLF shall be increased only by approval from the department, with G&C approval.

History

#13164, eff 1-26-21l ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.07 Awarding Construction Contracts

(a) The recipient of financial assistance from the PFAS RLF for a construction project shall comply with all applicable legal procedures and other legal requirements in advertising for bids and awarding the construction contract.

(b) The text of the construction contract documents shall not vary from the text of the contract documents approved pursuant to Env-Dw 1407.04, unless a change has been approved pursuant to Env-Dw 1407.06.

(d) The recipient shall request approval from the department to award the construction contract by submitting the following in writing to the department:

(1) A revised estimate of eligible project costs;

(2) For loans and grants greater than $100,000, monthly cash flow projections;

(3) Evidence of solicitation for bids or competitive quotations;

(4) A tabulation of all bids that were received;

(5) A letter signed by the recipient’s authorized representative indicating the contract value and the name of the bidder to whom the contract is planned to be awarded;

(6) A copy of the bid proposal of the bidder to whom the contract is planned to be awarded;

(7) If the bidder selected is not the lowest bidder, an explanation of why the lowest bidder was not selected; and

(8) Certification that all necessary permits, land acquisitions, and easements have been secured.

(f) For all construction projects funded by the PFAS RLF program, following receipt of approval from the department the recipient shall sign a construction contract with the selected contractor.

History

#13164, eff 1-26-21l ss by #13289, INTERIM, eff 10-30-21, EXPIRES: 4-28-22; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.08 Recipient’s Obligations for Inspections During Construction

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.09 Department Inspections During Construction

(a) The recipient shall allow the department to inspect the project during normal business hours in order to confirm that:

(1) The materials furnished meet the approved specifications; and

(2) The project is being built in accordance with the approved plans and specifications and any approved alterations.

(b) In conjunction with project inspections, the department shall:

(1) Inspect the materials that are visible at the time of the inspection to determine compliance with the approved plans and specifications; and

(2) Document the manner and progress of the project, conditions relating to the materials furnished, and the contractor’s compliance with the approved plans and specifications for the project.

(d) The contractor and recipient shall provide the department with access to all areas of the project site, including moving materials and equipment if necessary, as needed for the department to determine whether the work as performed is in accordance with the requirements and intent of the contract.

(f) Upon being notified of any such discrepancies, the recipient and the resident project representative shall immediately:

(1) Initiate necessary action to rectify the deficiencies; or

(2) Provide documentation explaining the reason(s) for the discrepancies and demonstrating that the installation meets applicable requirements.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.10 Testing During Construction

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.11 Limitations on Construction Project Modifications; Requests for Approval

(a) After construction has commenced, the recipient shall not make, allow, or authorize any changes, modifications, or amendments to, or any departures from, the approved plans and specifications that would materially or significantly affect project cost, estimated revenues, or project design in accordance with Env-Dw 1407.06 without prior written approval from the department.

(b) The recipient shall request approval for changes covered by (a), above, by submitting the following information in writing to the department:

(1) The name of the recipient and the name and location of the recipient’s water system;

(2) The project number of the final financial assistance agreement;

(3) For each modification for which the recipient is seeking approval:

a. A description of the modification; and

b. The reason(s) why the modification is necessary; and

(4) An explanation of the operational and economic consequences to the water system and to public health and the environment of the department not approving the requested modifications.

(c) Prior departmental approval of project change orders shall not be required if the recipient’s project engineer certifies to the department that such change, modification, amendment, or departure:

(1) Will not materially or significantly affect project cost, estimated revenues, or project design; and

(2) Is consistent with the objectives of the project and within the scope of the final financial assistance agreement.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.12 Approval of Project Modifications

(a) Subject to (b) and (c), below, the department shall approve a request submitted pursuant to Env-Dw 1407.11 if:

(1) The scope of the project as modified is consistent with the original intent of the financial assistance;

(2) The project as modified will not cause the water system to be out of compliance with the federal SDWA, 40 CFR Parts 141, 142, and 143, RSA 485, and applicable rules in subtitle Env-Dw; and

(3) If additional PFAS RLF funds are requested, then:

a. The increased cost is approvable under the criteria established in Env-Dw 1407.06(e); and

b. The fund has sufficient monies available at the time the request is filed to cover the proposed cost increase.

(b) The department shall review the request and notify the recipient and resident project representative as soon as practicable considering the scope of the request.

(c) A change of project scope, such as the addition of new construction items, shall not be eligible for additional funding after loan closing unless one of the following conditions are met:

(1) The change of scope is necessary due to an inadvertent oversight, and is needed to provide an operable water system and not to replace faulty construction or equipment already funded; or

(2) The change of scope is necessary due to changes in federal or state requirements.

(d) The amount of funding provided from the PFAS RLF shall be increased only by a formal amendment in writing with the department, with governor and council approval.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.13 Construction Phase Submittal

During the construction phase of the project, the recipient shall submit to the department:

(a) A notice of completion of construction, upon completion of project construction; and

(b) Any building phase submittals required by the final financial assistance agreement to be submitted to the department.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1407.14 Final Inspection of Construction Projects and Review of Records

(a) Upon completion of any construction project for which financial assistance from the PFAS RLF has been provided, the applicant shall furnish to the department written notification of completion.

(2) Review the recipient’s records relative to funds furnished to the recipient from the PFAS RLF.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

Part Env-Dw 1408 Waivers

N.H. Code Admin. R. Ann. Env-Dw 1408.01 Purpose

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1408.02 Procedures

(a) Any applicant or recipient who is or would be directly and adversely affected by the strict application of a rule in Env-Dw 1400 may request a waiver thereof from the department.

(b) Each request for a waiver shall be filed in writing by the authorized representative of the applicant or recipient, as applicable.

(c) Each request for a waiver shall include the information specified in Env-Dw 1408.03 and be signed as required by Env-Dw 1408.04.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1408.03 Content and Format of Requests

The person requesting the waiver shall provide the following information to the department:

(a) The name, mailing address, and daytime telephone number including area code of the requestor;

(b) The eligibility request, application, or loan to which the waiver request relates; and

(1) The number of the specific section of the rules;

(2) A complete explanation of why a waiver is being requested, including an explanation of the economic and operational consequences of complying with the rule as written;

(3) If applicable, a full explanation of the alternate(s) proposed to be substituted for the requirement in the rule, including documentation or data, or both, to support the alternative;

(4) Whether the need for the waiver is time-limited and, if so, the estimated length of time the waiver will be needed; and

(5) A complete explanation of why the applicant believes that having the waiver granted will meet the criteria in Env-Dw 1408.05.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1408.04 Signature Required

(a) The authorized representative of the applicant or recipient that is requesting the waiver shall sign the request.

(b) The authorized representative’s signature shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the best of the signer’s knowledge and belief;

(2) The signer understands that any waiver granted based on false, incomplete, or misleading information is subject to revocation; and

(3) The signer is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1408.05 Criteria

(a) Subject to (b), below, the department shall grant a waiver if:

(1) Granting the waiver, conditional upon implementation of alternatives, if applicable, will result in circumstances that are as protective of the public, the environment, and the integrity of the PFAS RLF program as the requirements contained in this chapter;

(2) Granting the waiver, conditional upon implementation of alternatives, if applicable, will not adversely impact the department’s obligations under RSA 485-H; and

(3) Strict adherence to the rule would not be in the best interest of the public, the environment, or the PFAS RLF.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify a state or federal statutory requirement, including but not limited to any requirement of RSA 485 or RSA 485-H unless such statute or grant expressly provides that the requirement may be waived or modified.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

N.H. Code Admin. R. Ann. Env-Dw 1408.06 Decisions

(b) The department shall include such conditions in a waiver as are necessary to ensure that the criteria specified in Env-Dw 1408.05 are met, including if applicable the implementation of alternatives.

Appendix A: State Statutes Implemented

Rule Section(s)

State Statute(s) Implemented

Env-Dw 1400 (also see specific part below)

RSA 485-H

Env-Dw 1408

RSA 541-A:22, IV

Appendix B: Statutory Definitions

RSA 485:1-a

I. “Community water system” means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

XI. “Non-transient non-community water system” means a system which is not a community water system and which serves the same 25 people, or more, over 6 months per year.

XIV. “Political subdivision” means any municipality, county, district, or any portion or combination of 2 or more thereof.

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

Appendix C: Referenced Statute

485-H:1 Purpose Statement. – Communities across the state have been impacted by perfluorochemical contamination, largely through no fault of their own. Perfluorochemicals are a class of chemicals that are part of a larger group of chemicals called per and polyfluoroalkyl substances (PFAS). The cost of remediating this contamination for many communities would result in dramatically higher water and sewer rates for end users. The existence of these man-made chemicals, some of which are occurring at unhealthy levels in New Hampshire's drinking water, require a strategy to protect, preserve, and enhance the water that New Hampshire citizens and environment rely upon.

485-H:2 Definitions. – In this chapter: I. "Community water system" means "community water system" as defined in RSA 485:1-a. II. "Department" means the department of environmental services. III. "Drinking water standard" means the maximum contaminant levels established pursuant to RSA 485:16-e. IV. "PFAS loan fund" means the PFAS remediation loan fund established in RSA 485-H:10. V. "Non-transient non-community water system" means "non-transient non-community water system as defined in RSA 485:1-a. VI. "Wastewater residuals" means septage, sludge, or biosolids.

485-H:3 Implementation of Drinking Water Protection Program. – I. The department shall provide low-interest loans and grants for the purpose of addressing exceedances of PFAS drinking water standards to: (a) Municipalities for municipal use; (b) Municipalities for use in assisting private well users including funds necessary to address the reasonable administrative costs of the municipality; (c) Community water systems for use on an existing system or to expand a system to assist additional water users; and (d) Non-profit, non-transient non-community water systems. Such loans and grants shall be provided for the projects described below begun after September 30, 2019. II. The department shall provide the loans and grants described in paragraph I for projects needed to meet a PFAS drinking water standard if the applicant demonstrates, and the department agrees, that the project is the most cost-effective way to meet PFAS drinking water standards and if the project meets the other provisions of this chapter and department rules adopted pursuant to this chapter. III. The department shall adopt rules, and include conditions in loan and grant documents, to ensure that the applicant has made and will make reasonable efforts to obtain and use funds from any liable or potentially liable third party prior to and after taking a loan from the PFAS loan fund or receiving a grant, and that any money received from a liable or potentially liable third party after the loan is provided is applied to early repayment of such loan to the extent reasonable. In addition, the department shall adopt rules establishing criteria to ensure that an applicant shall not be eligible for loans or grants for any project or portion of a project to the extent the negligence of the applicant caused the contamination that resulted in the exceedance of a PFAS drinking water standard. IV. If the department forgives any part of a loan or provides a grant related to costs for a project for which a third party might otherwise be liable, the right to recover payment from such third party shall be subrogated to the department to the extent of such forgiveness or grant. Any money recovered by the department from such third party shall be deposited in the PFAS loan fund. V. Loans may be made for up to the total cost of the project minus any contribution from a liable or potentially liable third party or any other portion deemed ineligible under this chapter and department rules. VI. Municipalities may assist private well users impacted by PFAS contamination in a manner consistent with this chapter, may accept and expend grants and loans provided by the department pursuant to subparagraphs I(a) and (b), and may apply for and receive funds from the department necessary to cover reasonable administrative costs related to implementation of subparagraph I(b).

485-H:4 Implementation of Groundwater, Surface Water and Aquatic Life Protection. – I. The department shall provide low interest loans and grants to publicly-owned and non-profit wastewater and/or wastewater residual treatment or storage facilities that are required to treat effluent and residuals to achieve applicable PFAS standards prior to discharge or disposal. II. The department shall provide the loans and grants described in paragraph I if the applicant demonstrates, and the department agrees, that the project is the most cost-effective way to meet applicable PFAS standards and if the project meets the other provisions of this chapter and department rules adopted pursuant to this chapter. The applicant shall provide evidence in the application for funding that there is not a more cost-effective way to meet applicable PFAS standards. III. The department shall adopt rules, and include conditions in loan and grant documents, to ensure that the applicant has made reasonable efforts to obtain and use funds from any liable or potentially liable third party prior to and after taking a loan from the PFAS loan fund or receiving a grant, and that any money received from a liable or potentially liable third party at a later time is applied to early repayment of the loan from the PFAS loan fund to the extent reasonable. In addition, the department shall adopt rules establishing criteria to ensure that an applicant shall not be eligible for loans or grants for any project or portion of a project to the extent the negligence of the applicant caused the contamination that resulted in the exceedance of an applicable PFAS standard. IV. If the department forgives any part of a loan or provides a grant related to costs for a project for which a third party might otherwise be liable, the right to recover payment from such third party shall be subrogated to the department to the extent of such forgiveness. Any money recovered by the department from such third party shall be deposited in the PFAS loan fund. V. Loans may be made for up to the total cost of the project minus any contribution from a liable or potentially liable third party or any other portion deemed ineligible under this chapter and department rules.

485-H:5 Loan Principal Forgiveness Based Upon Need. – I. The department shall forgive up to 10 percent of the loan principal to municipalities, community water systems and non-profit, non-transient non-community water systems using the same qualifying standards for forgiveness used in the drinking water state revolving loan program established under RSA 486:14. II. The department shall forgive up to 10 percent of the loan principal for publicly-owned and non-profit wastewater treatment facilities using the same qualifying standards for forgiveness used in the clean water state revolving loan program established under RSA 486:14. III. Total loan forgiveness under this section shall not exceed $5 million.

485-H:6 Contingent Reimbursement. – I. Following the reimbursement of the department of justice for legal expenses related to relevant litigation; the transfer of funds to the revenue stabilization reserve account pursuant to RSA 7:6-e; the redemption of bonds issued or debt incurred pursuant to RSA 6:13-e, III(a); and reimbursement of the general fund for any debt principal or interest payments made to support bonds issued or debt incurred pursuant to RSA 6:13-e, III(a), any remaining funds from judgments or settlements received by the state resulting from lawsuits against the manufacturers of PFAS shall be deposited into the drinking water and groundwater trust fund established in RSA 6-D:1. II. In addition to the loan forgiveness described in RSA 485-H:5, the department, upon certification by the state treasurer that funds from judgments or settlements have been received and used to redeem the bonds issued under RSA 6:13-e in full and the general fund has been reimbursed for all interest and principal payments charged against it to support said bond, shall grant partial loan forgiveness to the loan recipients, up to 50 percent of the loan principal. (a) If insufficient funds are received by the state to cover 50 percent of the principal, the reimbursements shall be prorated. In no instance shall the loan reimbursement exceed 50 percent of the total loan amount, unless it received loan forgiveness under RSA 485-H:5, in which case the combined maximum shall be 60 percent. (b) In the event a loan recipient receives compensation from a responsible party, the department shall not grant partial loan forgiveness that in combination with any compensation would exceed 100 percent of the total cost of the remediation.

485-H:7 Drinking Water and Groundwater Trust Fund Exception. – Notwithstanding any law to the contrary, any funds deposited into the drinking water and groundwater trust fund established in RSA 6-D:1 as a result of this chapter may be transferred to the department to be used for funding PFAS remediation projects, including those at wastewater treatment facilities, at the discretion of the drinking water and groundwater trust fund's advisory commission.

485-H:8 Duties of the Department. – I. The department shall perform the following duties to the limit of available funding: (a) Establishing and administrating the PFAS remediation loan and grant program to assist municipalities; community and non-profit, non-transient non-community water systems; and publicly owned and non-profit wastewater treatment facilities with the cost of complying with PFAS drinking water standards or other applicable PFAS standards. (b) Establishing and administering a loan forgiveness program to assist disadvantaged communities with loan repayment. (c) Awarding loan funds to projects that meet the provisions of this chapter including the following criteria: (1) The project is or was necessary to comply with a PFAS drinking water standard or other applicable PFAS standard and the applicant for funding is a municipality, a community water system, or a non-profit, non-transient public water system, or a publicly-owned or non-profit wastewater and/or wastewater residual treatment or storage facility. (2) The applicant has demonstrated, to the satisfaction of the department, that the project is the most cost-effective way to meet PFAS drinking water standards and other applicable PFAS standards. (d) Awarding reimbursements to projects from the fund in a manner consistent with this chapter. II. Every year beginning December 1, 2020, the department shall prepare and file a report with the general court evaluating the progress made relative to PFAS contamination, the efficiency of the program established under this chapter, and whether it continues to provide the maximum benefit to New Hampshire citizens, and providing any recommendations on potential additional tasks for which the fund could be used to address PFAS contamination.

485-H:9 Rules. – The department shall adopt rules, under RSA 541-A, relative to administering this chapter.

485-H:10 PFAS Remediation Loan Fund Established. – There is hereby established in the department the PFAS remediation loan fund which shall be maintained by the state treasurer in distinct and separate custody from all other funds, notwithstanding RSA 6:12. The state treasurer may invest the PFAS remediation loan fund in accordance with RSA 6:8. Any earnings on PFAS remediation loan fund moneys shall be added to the PFAS remediation loan fund. All moneys in the PFAS remediation loan fund shall be non-lapsing and shall be continually appropriated to the department. The PFAS remediation loan fund shall be used to fund loans and reimbursements in accordance with this chapter. Funds from any bond proceeds, grants, loan repayments, legislative appropriations, donations, and other funds related to the PFAS remediation loan fund shall be credited to the PFAS remediation loan fund.

485-H:11 Grants. – I. The department, to the limit of the funds appropriated to the department for this purpose through the actions of the fiscal committee established under RSA 14:30-a, shall provide grants to entities meeting the eligibility requirements of RSA 485-H:3 and RSA 485-H:4 for up to the greater of $1,500,000 or 30 percent of the total eligible cost of the project. II. In no instance shall the grant exceed the total eligible costs. III. In no instance shall the sum of all department administered funding of the project, to include loans and grants, exceed the total eligible costs. IV. If department administered funding had been secured prior to this grant being available, such that the addition of the grant would cause the sum of the funding to exceed the total eligible costs, then the department administered loan amounts shall be reduced on a prorated basis to the extent required to bring the sum of the funding equal to total eligible costs.

485-H:12 Statute of Limitations; Civil Actions; PFAS Exposure. – A civil action arising out of any harm or injury caused by a person or entity found legally responsible for or an action for any damages resulting from a PFAS exposure may be brought within the 6 years after the date the plaintiff discovers, or in the exercise of reasonable diligence should have discovered, such harm, injury, or damages and the causal relationship of an act or omission to such harm, injury or damages. Nothing in this section shall be construed as limiting any action brought by the state.

History

#13164, eff 1-26-21; ss by #13372, eff 4-21-22

Chapter Env-Dw 1500 Per and Polyfluoroalkyl Substances (pfas) Removal Rebate Program for Private Wells

Part Env-Dw 1501 Purpose

N.H. Code Admin. R. Ann. Env-Dw 1501.01 Purpose

The purpose of this Chapter is to establish criteria and procedures for administering the per- and polyfluoroalkyl substances (PFAS) removal rebate program for private wells authorized by RSA 485-H:3, II-a.

History

#14201, eff 2-26-25

Part Env-Dw 1502 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Env-Dw 1502.01 Applicant

“Applicant” means the owner of a residential property that utilizes an impacted well.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.02 Department

“Department” means the department of environmental services.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.03 Eligible costs

“Eligible costs” means costs that are identified in Env-Dw 1503.02.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.04 Family

“Family” means “family” as defined in 24 CFR 5.403, reprinted in Appendix C.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.05 Impacted well

“Impacted well” means a well used for drinking water serving a residential property in New Hampshire in which concentrations of PFAS in the source water exceed state or federal drinking water standards.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.06 Operation and maintenance (O&M)

“Operation and maintenance (O&M)” means the functions, duties, and labor associated with daily operations and normal repairs, replacement of parts and structural components, and other activities needed to preserve an asset so that it continues to serve its intended function. The term includes treatment media replacement and disposal.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.07 Point-of-entry treatment device (POE)

“Point-of-entry treatment device (POE)” means a “point-of-entry treatment device” as defined by 40 CFR 141.2, reprinted in Appendix C.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.08 Point-of use treatment device (POU)

“Point-of use treatment device (POU)” means a “point-of-use treatment device” as defined by 40 CFR 141.2, reprinted in Appendix C.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.09 Pre-approval request

“Pre-approval request” means a written document(s), with attachments, submitted pursuant to Env-Dw 1504.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.10 Program

“Program” means the per- and polyfluoroalkyl substances (PFAS) removal rebate program for private wells authorized by RSA 485-H:3, II-a.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.11 Public water system

“Public water system” means a “public water system” as defined by RSA 485:1-a, XV, reprinted in Appendix B.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.12 Rebate

“Rebate” means a payment of funds for eligible costs.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.13 Rebate application

“Rebate application” means a written document(s), with attachments, submitted pursuant to Env-Dw 1505.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.14 Recipient

“Recipient” means an entity that receives a rebate.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.15 Service connection

“Service connection” means a “service connection” as defined in 40 CFR 141.2, reprinted in Appendix C.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.16 State

“State” means the state of New Hampshire.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1502.17 Waiver request

“Waiver request” means a written document(s), with attachments, submitted pursuant to Env-Dw 1507.

History

#14201, eff 2-26-25

Part Env-Dw 1503 Eligibility

N.H. Code Admin. R. Ann. Env-Dw 1503.01 Eligible Properties

Properties with an impacted well which have not received an offer of alternate water from a third party, pursuant to Env-Or 603.04, are eligible for a rebate pursuant to this Chapter.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1503.02 Eligible Costs

(a) The following are eligible costs for a rebate pursuant to this Chapter:

(1) Costs associated with one of the following remedies for treating or addressing PFAS in an impacted well:

a. Installation of a POE;

b. Installation of one or more POU(s); or

c. A service connection to a public water system, including a service connection completed after installation of a POE or POU(s) pursuant to this paragraph;

(2) Sampling and analytical costs associated with laboratory testing in accordance with applicable Environmental Protection Agency (EPA) analytical methods demonstrating an impacted well, provided the sampling and analysis was conducted no more than 3 years prior to implementation of the remedy for which a rebate is sought; and

(3) For installation of a POE or POU(s):

a. Sampling and analytical costs associated with laboratory testing in accordance with applicable EPA analytical methods demonstrating the effectiveness of such POE or POU(s) in treating PFAS in an impacted well;

b. Costs associated with installing pre-treatment of water from the impacted well to remove the following, if no such pre-treatment was installed prior to installation of the POE or POU(s) pursuant to this paragraph:

Iron or manganese present in the source water at concentrations greater than the secondary maximum contaminant levels, as specified in Env-Dw 706, provided such pre-treatment is installed in conjunction with a carbon or resin-based POE for which a rebate is sought;
Radon present in the source water at a concentration greater than 4,000 picocuries per liter (pCi/L) provided such pre-treatment is installed in conjunction with a carbon-based POE for which a rebate is sought; and
Hardness present in the source water at a concentration greater than 150 milligrams per liter (mg/L) provided such pre-treatment is installed in conjunction with a reverse osmosis POU for which a rebate is sought.

(b) The following are not eligible costs for a rebate pursuant to this Chapter:

(1) Post installation operation and maintenance costs of the remedies or pre-treatment for which a rebate is sought; and

(2) Sampling and analytical costs associated with pre-treatment determination outlined in (a)(3)b. above.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1503.03 Income Qualified Eligibility

An applicant that is income qualified as set forth in this section may request a rebate under Env-Dw 1505 be distributed directly to a treatment installer or contractor. An applicant shall be determined to be income qualified if:

(a) The applicant’s total family annual income does not exceed 24 CFR, Title 24, U.S. Department of Housing and Urban Development, low-income criteria that apply to the county or metropolitan statistical area where the property is located; and

(b) The applicant has requested, and department has granted, pre-approval to the applicant pursuant to Env-Dw 1504.

History

#14201, eff 2-26-25

Part Env-Dw 1504 Pre-Approval of Income Qualified Applicants

N.H. Code Admin. R. Ann. Env-Dw 1504.01 Pre-approval Request Procedures

An applicant that meets the eligibility requirements in Env-Dw 1503.03(a) may submit a pre-approval request by:

(a) Providing all information required by Env-Dw 1504.02, either in writing or on form NHDES-S-03-012;

(b) Signing and certifying a pre-approval request as required by Env-Dw 1504.03; and

NHDES PFAS Rebate Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1504.02 Pre-approval Request Contents

(a) A pre-approval request shall include the following information:

(1) The applicant’s contact information:

a. Full name;

b. Mailing address, including street name and number or post office box number, city or town, state, and zip code; and

c. Email address and daytime telephone number including area code;

(2) The physical address where the remedy will be completed including street name and number, city or town, and zip code, if different from the mailing address provided in (1)b. above, including all unit numbers or additional addresses that will benefit from the remedy; and

(3) The applicant’s income information including:

a. Number of family members living in the household, not including tenants;

b. Total annual family income, including all taxable and nontaxable income for all family members over the age of 18; and

c. Other assets, excluding equity in the residence.

(b) The applicant shall provide to the department the following documentation to support the demonstration of income qualified eligibility as specified in Env-Dw 1503.03(a):

(1) Most recent federal tax return(s);

(2) Social security benefit statement(s);

(3) W-2 form(s) from the previous tax year;

(4) Annual pension, retirement statement(s), or both;

(5) Indication of direct deposit of other benefit(s) or income(s); or

(6) A copy of current paystubs covering the most recent one-month period for family members that are employed.

(c) The applicant shall provide to the department the following documentation to support proof of ownership of the residential property where the remedy will be completed:

(1) Town or city issued property tax statement;

(2) Town or city issued property tax card;

(3) Deed or official record and a utility bill dated within two months; or

(4) Mortgage statement.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1504.03 Pre-approval Request Signatures and Certifications

(a) The applicant shall sign and date the pre-approval request and print their name.

(b) The applicant shall certify that:

(1) The information provided is true, not misleading, and as complete as practicable, to the best knowledge and belief of the applicant;

(2) The applicant understands that any department determination that the applicant and the applicant’s request qualifies for pre-approval from the program that is found to be based upon false, incomplete, or misleading information is subject to modification or reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(3) The applicant acknowledges that they might be subject to the penalties for false statements, including those penalties, specified in RSA 641 for falsification in official matters.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1504.04 Department Processing of Pre-approval Requests

(a) Pre-approval requests shall be processed in the order in which they are received.

(b) If the department determines that a pre-approval request does not contain all required information pursuant to Env-Dw 1504.02, the department shall notify the applicant in writing within 30 days specifying the information required for a complete request. The department shall not process incomplete pre-approval requests.

(c) In response to being notified of department determination, an applicant may modify or supplement information and submit a new pre-approval request to the department.

(d) If the department determines that a pre-approval request contains all required information pursuant to Env-Dw 1504.02, the department shall continue to process the request.

(e) The department shall determine whether the applicant is income qualified pursuant to Env-Dw 1503.03(a) within 60 days.

(f) If the department determines that the applicant is income qualified pursuant to Env-Dw 1503.03(a), the department shall grant written pre-approval to the applicant to request a rebate under Env-Dw 1505 be distributed directly to a treatment installer or contractor.

(g) If the department determines the applicant is not income qualified pursuant to Env-Dw 1503.03(a), the department shall not grant pre-approval and shall notify the applicant of the reason(s) for such determination in writing.

History

#14201, eff 2-26-25

Part Env-Dw 1505 Procedures for Receipt of Pfas Rebate Funds

N.H. Code Admin. R. Ann. Env-Dw 1505.01 Rebate Application Procedures

(a) Applicants shall submit a rebate application by:

(1) Providing all information required by Env-Dw 1505.02, either in writing or on form NHDES-W-03-282;

(2) Signing and certifying a rebate application as required by Env-Dw 1505.03; and

(3) Submitting a completed original rebate application:

a. Electronically, per the instructions in the rebate application available for use on the department’s website at www.pfas.des.nh.gov; or

b. By delivery in writing to:

NHDES PFAS Rebate Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

(b) A separate rebate application is required for each residential address.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1505.02 Rebate Application Contents

(a) A rebate application shall include the following information:

(1) The applicant’s contact information:

a. Full name;

b. Mailing address, including street name and number or post office box number, city or town, state, and zip code; and

c. Email address and daytime telephone number including area code;

(2) The physical address where the remedy was completed including street name and number, city or town, and zip code, if different from the mailing address provided in (1)b. above, including all unit numbers or additional addresses that benefit from the remedy;

(3) The physical address of the impacted well including street name and number, city or town, and zip code, if different from the address provided in (1) or (2) above;

(4) A state vendor code number obtained pursuant to the vendor code requirements established by the New Hampshire department of administrative services, currently Adm 603, for the intended recipient(s);

(5) If the intended recipient is different from the applicant, the applicant shall provide:

a. The relationship between the intended recipient and the applicant; and

b. The requested rebate amount associated with each recipient, if applicable;

(6) The entity that collected the water sample as specified in (b)(1) below; and

(7) Remedy information including:

a. Filter media name and manufacturer for a POE installation;

b. System manufacturer(s) and model(s) for POU installation(s); or

c. Water provider for a service connection.

(b) The applicant shall provide to the department the following documentation to support the demonstration of eligibility:

(1) Analytical laboratory results pursuant to Env-Dw 1503.02(a)(2), with the exception of the department having been the entity to collect the water sample;

(2) Copies of itemized sales receipt(s), invoice(s), or both for eligible costs;

(3) Manufacturer specification sheet(s) for the remedy as specified in (a)(6) above, if applicable;

(4) Post-treatment analytical laboratory results pursuant to Env-Dw 1503.02(a)(3)a., with the exception of the department having been the entity to collect the water sample;

(5) Photo documentation of the remedy for which a rebate is sought; and

(6) In the instance where eligible pre-treatment was installed, source water quality results demonstrating concentrations that exceed the respective criteria pursuant to Env-Dw 1503.02 (a)(3)b.

(1) The drinking water supply at the residential property is from a private well in which PFAS are present in the source water at concentrations that exceed applicable standards;

(2) The work for which a rebate is sought has been completed on the residential property of record or within the residence at the property of record;

(3) No offer of alternate water from a third party, as specified by Env-Or 603.04, has been or is being made available for the residential property;

(4) The remedy complies with applicable state and local plumbing regulations and local permitting requirements;

(5) The state funding will be used for treatment installation, a service connection only, or both. The department and state do not warranty or otherwise guarantee treatment performance, contractor performance, product quality, water quality, or any other aspect of the installation or connection. In the case of treatment, it is the responsibility of the owner to appropriately operate and maintain the installed equipment in accordance with the manufacturer or vendor recommendations once installed. For a service connection, it is the responsibility of the owner to remit payment for associated water costs; and

(6) All conditions set forth in this Chapter have been read and understood.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1505.03 Rebate Application Signatures and Certifications

(a) The applicant shall sign and date a rebate application as follows:

(1) If the applicant uses a paper-based rebate application, including an application submitted on a voluntary form provided by the department, the applicant shall sign and date the application and print their name; or

(2) If the applicant uses an electronic rebate application, including an application submitted on a voluntary form provided by the department, submitting the rebate application shall constitute the signature and the date of submittal shall constitute the date of the application.

(b) The applicant shall certify that:

(1) The information provided is true, not misleading, and as complete as practicable, to the best knowledge and belief of the applicant;

(2) The applicant understands that the department makes no representations or warranties, expressed or implied, relating to appropriate remedies or their availability and that by submitting a rebate application, each applicant agrees to completely waive and release the department, its officials, employees, agents and representatives from and against any claims or liabilities whatsoever, including without limitation, any damages, costs and liability for any and all loss, injury, or damage to any property or person, whether direct, special, consequential, indirect, or of any other nature, in connection with or related to the installation or use of an appropriate remedy or participation in the program;

(3) The applicant understands that any department determination that results in a rebate from the program that is found to be based upon false, incomplete, or misleading information is subject to modification or reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(4) The applicant acknowledges that they might be subject to the penalties for false statements, including those penalties, specified in RSA 641 for falsification in official matters.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1505.04 Department Processing of Rebate Applications

(a) Rebate applications shall be processed in the order in which they are received. A rebate application shall be deemed to be received on the earlier of either:

(1) The date upon which a rebate application is received by the department; or

(2) The date upon which an associated pre-approval request is granted by the department provided a rebate application is submitted by the expiration date of the pre-approval request.

(b) If the department determines that a rebate application does not contain all required information pursuant to Env-Dw 1505.02, the department shall notify the applicant in writing and specify the information required for a complete application within 30 days. The department shall not process incomplete rebate applications.

(c) In response to being notified of department determination, an applicant may modify or supplement information and submit a new rebate application to the department.

(d) If the department determines that a rebate application contains all required information pursuant to Env-Dw 1505.02, the department shall continue to process the application.

(e) If the department determines rebate application meets the eligibility criteria pursuant to this Chapter, the department shall provide a rebate as specified in Env-Dw 1506 for eligible costs within 60 days.

(f) If the department determines the rebate application does not meet the eligibility criteria pursuant to this Chapter, the department shall deny the application and shall notify the applicant of the reason(s) for such determination in writing within 60 days.

(g) The department shall suspend action on the rebate application if insufficient funds remain in the program account to execute the rebate and the department shall notify the applicant in writing.

History

#14201, eff 2-26-25

Part Env-Dw 1506 Rebate Payment

N.H. Code Admin. R. Ann. Env-Dw 1506.01 Conditions of Payment

(a) The department shall approve a rebate application submitted as specified in Env-Dw 1505 if it determines:

(1) A rebate has not been issued for the eligible costs through a previous rebate;

(2) Sufficient funds remain in the program account to execute the rebate; and

(3) Submission of the rebate application in accordance with Env-Dw 1505.01(a) is within 12 months of the completion of the remedy for which the rebate is sought.

(b) Upon approval of a rebate application, the department shall authorize a rebate to be distributed for eligible costs, subject to the availability of program funds and to the limitations in Env-Dw 1506.02.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1506.02 Terms of Payment

(a) Rebates shall be authorized per residential address for:

(1) Up to $5,000 for POE or POU(s) installation and associated eligible costs;

(2) Up to $10,000 for a service connection to a public water system and associated eligible costs; or

(3) Up to $10,000 for a service connection to a public water system and associated eligible costs, in combination with a previous rebate as specified in (a)(1) above.

(b) Payment shall be authorized to a treatment installer or contractor only when the department has granted the applicant pre-approval under Env-Dw 1504.

(1) The department has granted the applicant pre-approval under Env-Dw 1504 to request a rebate under Env-Dw 1505 be distributed directly to a treatment installer or contractor and eligible costs have been incurred by the applicant; or

(2) The eligible costs which are the subject of the rebate application are for a service connection completed after eligible costs for installation of a POE or POU(s) were granted through a previous rebate application, provided that the total rebate per residential address shall not exceed the limitation established in (a)(3) above.

(d) The applicant shall repay all funds received to the department should the rebate application or any accompanying materials be found by the department to be based upon false, incomplete, or misleading information and the applicant is subject to modification or reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200.

History

#14201, eff 2-26-25

Part Env-Dw 1507 Waivers

N.H. Code Admin. R. Ann. Env-Dw 1507.01 Purpose

The purpose of the rules in this part is to accommodate situations in which strict compliance with all requirements established by this Chapter may not be in the best interests of public, the environment, or the program.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1507.02 Waiver Request Procedures

An applicant who is or would be directly and adversely affected by the strict application of a rule in this Chapter may submit a waiver request by:

(a) Providing all information required by Env-Dw 1507.03, either in writing or on form NHDES-S-03-013;

(b) Signing and certifying the waiver request as required by Env-Dw 1507.04; and

NHDES PFAS Rebate Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1507.03 Waiver Request Contents

The waiver request shall include the following information:

(a) The name, mailing address, email address, and daytime telephone number including area code of the applicant;

(b) The rebate application to which the waiver request relates via the address provided in Env-Dw 1504.02(2) or Env-Dw 1505.02(2);

(d) A complete explanation of why a waiver request is being submitted, including an explanation of the economic and operational consequences of complying with the rule as written;

(e) If applicable, a full explanation of the alternative(s) proposed to be substituted for the requirement in the rule, including documentation or data, or both, to support the alternative; and

(g) A complete explanation of why the applicant believes that having the waiver granted will meet the criteria in Env-Dw 1507.05.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1507.04 Waiver Request Signatures and Certifications

(a) The applicant shall sign and date the waiver request and print their name.

(b) The applicant shall certify that:

(1) The information provided is true, not misleading, and as complete as practicable, to the best knowledge and belief of the applicant;

(2) The applicant understands that any department determination that the applicant and the applicant’s waiver request qualifies for approval from the program that is found to be based upon false, incomplete, or misleading information is subject to modification or reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(3) The applicant acknowledges that they might be subject to the penalties for false statements, including those penalties, specified in RSA 641 for falsification in official matters.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1507.05 Department Processing of Waiver Requests

(a) Subject to (b), below, the department shall grant a waiver if:

(1) Granting the waiver, conditional upon implementation of alternatives, if applicable, will result in circumstances that are as protective of the public, the environment, and the integrity of the program as the requirements contained in this Chapter;

(2) Granting the waiver, conditional upon implementation of alternatives, if applicable, will not adversely impact the department’s obligations under RSA 485-H; and

(3) Strict adherence to the rule would not be in the best interest of the public, the environment, or the program.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify a state or federal statutory requirement, including but not limited to any requirement of RSA 485 or RSA 485-H unless such statute or grant expressly provides that the requirement may be waived or modified.

History

#14201, eff 2-26-25

N.H. Code Admin. R. Ann. Env-Dw 1507.06 Department Decisions of Waiver Requests

(a) The department shall notify the applicant of its decision in writing within 30 calendar days of receiving a complete request. If the request is denied, the department shall specify the reason(s) for the denial in the notice.

(b) The department shall include such conditions in a waiver as are necessary to ensure that the criteria specified in Env-Dw 1507.05 are met, including if applicable the implementation of alternatives.

APPENDIX A: STATE STATUTES IMPLEMENTED

Rule Section(s)

State Statute(s) Implemented

Env-Dw 1500

RSA 485-H

Env-Dw 1506

RSA 541-A:22, IV

APPENDIX B: STATUTORY DEFINITIONS

RSA 485:1-a

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

APPENDIX C: REFERENCED FEDERAL DEFINITIONS

§ 5.403 Definitions.

Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:

(1) A single person, who may be:

(i) An elderly person, displaced person, disabled person, near-elderly person, or any other single person;

(ii) An otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or

(2) A group of persons residing together, and such group includes, but is not limited to:

(i) A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);

(ii) An elderly family;

(iii) A near-elderly family;

(iv) A disabled family;

(v) A displaced family; and

(vi) The remaining member of a tenant family.

§ 141.2 Definitions.

Point-of-entry treatment device (POE) is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

Point-of-use treatment device or point of use device (POU) is a water treatment device physically installed or connected to a single fixture, outlet, or tap to reduce or remove contaminants in drinking water. For the purposes of subpart I of this part, it must be certified by an American National Standards Institute accredited certifier to reduce lead in drinking water.

Service connection, as used in the definition of public water system, does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if:

(1) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses);

(2) The State determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or

(3) The State determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations.

History

#14201, eff 2-26-25