CHAPTER Env-Dw 100 PUBLIC
WATER SYSTEMS: PURPOSE AND APPLICABILITY; USE OF FEDERAL TERMS; SPECIAL PROVISIONS FOR POLITICAL SUBDIVISIONS;
DEFINITIONS
Statutory
Authority: RSA 485:2, V
Revision Note:
Document #10606, effective 6-1-14, readopted with
amendments and renumbered former rules Env-Ws 301.01
through Env-Ws 301.03, Part Env-Ws
302, Env-Ws 303.01, and Env-Ws
303.02 under a new subtitle as Chapter Env-Dw 100
entitled “Public Water Systems: Purpose
and Applicability; Use of Federal Terms; Special Provisions for Political
Subdivisions; and Definitions.” Document
#10606 also adopted a new rule Env-Dw 101.03. 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 301.01
through Env-Ws 301.03, Part Env-Ws
302, Env-Ws 303.01, and Env-Ws
303.02 had last been filed under Document #8498, effective 11-30-05, but they
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 #10606, effective 6-1-14.
Document #10606 replaces all prior filings for the former
rules Env-Ws 301.01 through Env-Ws
301.03, Part Env-Ws 302, Env-Ws
303.01, and Env-Ws 303.02. 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
#7735,
eff 8-2-02
#8360,
INTERIM, eff 6-4-05
#8498,
eff 11-30-05
As organizational rules, the rules in Chapter Env-Dw 100 under Document #10606 will not expire except
pursuant to RSA 541-A:17, II.
PART Env-Dw 101 PURPOSE
AND APPLICABILITY; USE OF FEDERAL TERMS
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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
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.
Source. #12580,
eff 7-21-18
PART Env-Dw
102 SPECIAL PROVISIONS FOR POLITICAL
SUBDIVISIONS
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 |
(c)
The definitions for Table 102-1 shall be as follows:
(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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
PART Env-Dw 103
DEFINITIONS
Env-Dw
103.01 “Act” means the New Hampshire
Safe Drinking Water Act, RSA 485.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.02 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.03 “Accredited” means certified to the standards
of the
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.04 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.05 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.06 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw 103.07 “Best
available technology (BAT)”means “best available technology” as
defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.08 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.09 “Bottled water” means “bottled drinking water” as described in 21
CFR 165.110(a)(1), as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.10 “Coagulation” means “coagulation”
as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.11 “Community water system” means “community
water system”
as defined in RSA 485:1-a, I, as reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.12 “Compliance gross alpha” means
the analytical gross alpha activity minus the uranium activity. Radon is not included in compliance gross
alpha activity.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.13 “Consecutive system” means
“consecutive system” as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.14 “Contaminant” means “contaminant” as
defined in RSA 485:1-a, II, as reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.15 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606, eff
6-1-14
Env-Dw
103.16 “Department” means “department”
as defined in RSA 485:1-a, III, as reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.17 “Disinfectant” means
“disinfectant” as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw 103.18 “Disinfection” means “disinfection”
as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.19 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.20 “Feasible” means “feasible” as
defined in RSA 485:1-a, V, as reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.21 “Filtration” means “filtration”
as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.22 “Finished water” means “finished
water” as defined in 40 CFR §141.2, as reprinted in
Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw 103.23 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.24 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.25 “Haloacetic
acids (five) (HAA5)” means “haloacetic acids (five)
(HAA5)”as
defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.26 “Halogen”
means “halogen”
as defined in 40 CFR §141.2, as reprinted in Appendix
C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.27 “Large community water system”
means a community water system which
serves greater than 1,000 residents.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.28 “Maximum contaminant level (MCL)” means “maximum
contaminant level” as defined in RSA 485:1-a,VII, as reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.29 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.30 “Maximum residual disinfectant
level (MRDL)” means “maximum residual disinfectant level” as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.31 “Maximum residual disinfectant level goal”
means “maximum residual disinfectant level” as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.32 “Maximum total trihalomethane potential (MTTP)” means “maximum total trihalomethane potential” as
defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.33 “Municipality” means a city, town, or other
public body created by or pursuant to State law, or an Indian tribal
organization authorized by law.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.34 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.35 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.36 “Nephelometric”
means the method of turbidity measurement required for public water supply
sources by 40 CFR 141.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.37 “Non-community water system”
means “non-community water system” as defined in RSA 485:1-a, X, as reprinted in
Appendix B.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.38 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.39 “Operator” means “operator” as
defined in RSA 485:1-a, XII, as reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.40 “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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
Env-Dw
103.41 “Owner or operator (O/O)” means
“supplier of water” as defined in 40 CFR 141.2.
Source. #12180,
eff 5-23-17
Env-Dw
103.42 “Person” means “person” as
defined in RSA 485:1-a, XIII, as reprinted in Appendix B.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14; renumbered by #12180
(from Env-Dw 103.41)
Env-Dw
103.43 “Picocurie (pCi)”
means “picocurie” as defined in 40 CFR §141.2, as reprinted in Appendix
C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14; renumbered by #12180 (from Env-Dw
103.42)
Env-Dw 103.44 “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.
Source. #10770,
eff 2-1-15; renumbered by #12180 (from Env-Dw
103.43); renumbered by #12180 (from Env-Dw 103.43)
Env-Dw
103.45 “Public water system” means
“public water system” as defined in RSA 485:I-a, XV, as reprinted in Appendix B.
Source. (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)
Env-Dw
103.46 “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.
Source. (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)
Env-Dw
103.47 “Rem” means “rem”
as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (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)
Env-Dw
103.48 “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.
Source. (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)
Env-Dw
103.49 “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.
Source. (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)
Env-Dw
103.50 “Sanitary defect” means “sanitary
defect” as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (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)
Env-Dw 103.51 “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.
Source. (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)
Env-Dw
103.52 “Seasonal system” means “seasonal
system” as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (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)
Env-Dw
103.53 “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.
Source. (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)
Env-Dw
103.54 “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.
Source. (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)
Env-Dw
103.55 “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.
Source. (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)
Env-Dw
103.56 “Supplier of water” means
“supplier of water” as defined in RSA 485:1-a, XVI, as reprinted in Appendix B.
Source. (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)
Env-Dw 103.57
“Surface water” means water that is open to the atmosphere and subject
to surface runoff.
Source. (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)
Env-Dw
103.58 “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.
Source. (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)
Env-Dw
103.59 “System with a single service
connection” means a system that supplies drinking water to consumers via a
single service line.
Source. (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)
Env-Dw
103.60 “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.
Source. (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)
Env-Dw
103.61 “Total trihalomethanes
(TTHM)” means “total trihalomethanes”
as defined in 40 CFR §141.2, as reprinted in Appendix C.
Source. (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)
Env-Dw
103.62 “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.
Source. (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)
Env-Dw 103.63 “Trihalomethane (THM)” means “trihalomethane” as defined in 40 CFR §141.2,
as reprinted in Appendix C.
Source. (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)
Env-Dw
103.64 “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.
Source. (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)
Env-Dw
103.65 “Virus” means “virus” as defined
in 40 CFR §141.2, as reprinted in Appendix C.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14; renumbered by #10770
(from Env-Dw 103.64)
Env-Dw
103.66 “Waterborne disease outbreak”
means “waterborne disease outbreak” as defined in 40 CFR §141.2, as
reprinted in Appendix C.
Source. (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)
Env-Dw
103.67 “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.
Source. (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
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.
Source. (See Revision Note at chapter heading for Env-Dw 100) #10606,
eff 6-1-14
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
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
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
(c)
Does not sell water to any person.
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.