CHAPTER Env-Dw 600 CAPACITY
ASSURANCE
Statutory
Authority: RSA 485:2, V
Revision Note #1:
Document #9107, effective 3-23-08, readopted with
amendments and renumbered former Part Env-Ws 363 titled
“Capacity Assurance for Existing Public Water Systems” under a new subtitle as
Part Env-Dw 601 titled “Capacity Assurance for Public
Water Systems”. Document #9108,
effective 3-23-08, readopted with amendments and renumbered former Part Env-Ws 371 entitled “Capacity Assurance for Proposed Public
Water Systems” under a new subtitle as Part Env-Dw
602. 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 new Chapter Env-Dw
600 was titled “Capacity Assurance.”
Documents #9107 and #9108 replaced all prior filings for
rules on capacity assurance formerly in, respectively, Env-Ws
363 and Env-Ws 371.
The prior filings for rules on capacity assurance in former Env-Ws 363 and Env-Ws 371 include
the following documents:
Env-Ws
363
#7105, eff 9-23-99, EXPIRED 9-23-07
#8994,
INTERIM, eff 9-25-07
Env-Ws 371
#7105, eff 9-23-99, EXPIRED 9-23-07
#8995,
INTERIM, eff 9-25-07
REVISION NOTE #2:
Document
#11143, effective 7-26-16, readopted with amendments Chapter Env-Dw 600 and renumbered various rules in the former Env-Dw 600. The new
rule numbers in Document #11143 compared to the former rule numbers are as
follows:
Former
Rule New
Rule
Env-Dw 601.01 Env-Dw 601.01
(none) Env-Dw 601.02
Env-Dw 601.03 Env-Dw 601.03
Env-Dw 602.02 Env-Dw 602.01
Env-Dw 602.04 Env-Dw 602.02
Env-Dw 602.05 Env-Dw 602.03
(none) Env-Dw 602.04(a)
Env-Dw 602.07(b) Env-Dw 602.04(b) and (c)
Env-Dw 602.06 Env-Dw 602.05
Env-Dw 602.07(a), (c)-(d) Env-Dw
602.06
Env-Dw 602.08 Env-Dw 602.07
Env-Dw 601.02 Env-Dw 603.01
Env-Dw 601.04 Env-Dw 603.02
Env-Dw 601.05 Env-Dw 603.03
Env-Dw 601.06 Env-Dw 603.04
Env-Dw 601.07 Env-Dw 603.05
Document #11143 replaces all
prior filings for rules in the former Chapter Env-Dw
600. The rules in the former Chapter Env-Dw 600 which had last been filed under Document #9107
and Document #9108 did not expire on 3-23-16 since they were extended pursuant
to RSA 541-A:14-a until replaced by the rules in Document #11143, effective
7-26-16.
PART
Env-Dw 601 PURPOSE; DEFINITIONS
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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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.
Source. (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
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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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 |
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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
(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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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
(c) Projected water rates, the rate structure,
and the fee schedule for the entire 5-year planning period, including:
(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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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.
Source. (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
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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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 |
15 |
Inadequate infrastructure (flooding, electrical, mechanical equipment), per deficiency |
10 |
Significant deficiencies, per deficiency |
10 |
Maximum Contaminant Levels, per violation |
10 |
Lack of certified operator |
10 |
Monitoring and reporting or Public Notice, per violation |
10 |
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
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).
(c) The department shall approve the
plan if it demonstrates that implementing the plan will:
(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.
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
Env-Dw 603.05 Notice to the Public. The supplier of water shall provide annual
notice as required by Env-Dw 602.07(b).
Source. (See
Revision Notes #1 and #2 at chapter heading for Env-Dw
600) #11143, eff 7-26-16
Appendix
Rule
Section(s) |
State
and Federal Statute(s) Implemented |
|
|
Env-Dw 600 |
RSA 485:3, XII, 42 U.S.C. §300g-9 |