485-A:5-e Wastewater Treatment Plant; Perfluorinated Chemical (PFAS) Testing. –
I. A wastewater treatment plant may require any industrial or commercial facilities or septic haulers of industrial or commercial waste contributing discharge to its plant to test such discharge to determine the level of PFAS in the discharge. A wastewater treatment plant that makes this requirement shall notify any industrial or commercial facilities or septic haulers of industrial or commercial waste contributing discharge to its plant in writing of such testing requirements including:
(a) Identification of potential sources of PFAS using safety data sheets or other specification sheets.
(b) Sample test result of the discharge measuring levels of PFAS in the discharge provided to the wastewater treatment plant.
(c) Submission of an annual report to the municipality in which the wastewater treatment plant containing a list of the test results.
II. An industrial or commercial facility or septic hauler of industrial or commercial waste that receives a notification from a wastewater treatment plant under paragraph I shall have 90 days from the receipt of such notification to comply with the testing requirements.
III. A wastewater treatment plant may refuse discharge from an industrial or commercial facility or septic hauler of industrial or commercial waste that has reported a level of PFAS in its discharge above the level the wastewater treatment plant determines to be acceptable.
IV. In accordance with RSA 485-A:5-b, each municipality shall enter into an agreement to assure access to an approved septage facility for the disposal of domestic septage. Such agreements shall ensure that domestic septage has an outlet approved by the municipality. Municipalities may enter into agreements with other municipalities to assure access to an approved septage facility if such municipalities do not have a wastewater treatment facility.
V. Wastewater treatment facilities may collect samples for PFAS analysis from septage loads originating from residential sources. Non-residential septage loads from commercial or industrial sources shall have prior approval by the municipality before discharging to a wastewater treatment facility.