CHAPTER Env-Dw 700 WATER QUALITY: STANDARDS, MONITORING, TREATMENT, COMPLIANCE, AND REPORTING
Statutory
Authority: RSA 485:2, V; RSA 485:41, IV
Revision Note #1:
Document #9699, effective 5-1-10, adopted new rules in a
new Part Env-Dw 701, and readopted with amendments
and renumbered former rules Env-Ws 310.01 and Part
Env-Ws 312 through Part Env-Ws
316 under a new subtitle, respectively, as Env-Dw
701.01 and Part Env-Dw 702 through Part Env-Dw 706.
Document #9700, effective 5-1-10, readopted with amendments
and renumbered many former rules in Env-Ws 300 under
a new subtitle in Env-Dw 700 as follows:
Former Rule New
Rule
Env-Ws 321.01 Env-Dw 707.01
Env-Ws 310.02 Env-Dw 707.02
Env-Ws 321.02 Env-Dw 707.03
Env-Ws 321.03 Env-Dw 707.04
Env-Ws 321.04(a) & (b) Env-Dw 707.05
Env-Ws 330.01 & 330.02 Env-Dw 707.06-707.08
Env-Ws 321.06, 321.04(c),
321.09-321.15 Env-Dw 708.01-708.08
Env-Ws 321.05 Env-Dw 708.09
Env-Ws 321.16 Env-Dw 708.10
Env-Ws 321.17 Env-Dw 708.11
Env-Ws 321.18 Env-Dw 708.12
Env-Ws 325 Env-Dw 709
Env-Ws 324 Env-Dw 710
Env-Ws 326.01-326.09 Env-Dw 711.01-711.06(a)
Env-Ws 321.19 Env-Dw 711.06(b)
Env-Ws 326.10 Env-Dw 711.07
Env-Ws 326.11 Env-Dw 711.08
Env-Ws 326.20-326.27 Env-Dw 711.09-711.17
Env-Ws 326.30-326.39 & 326.60 Env-Dw
711.18-711.29
Env-Ws 327.01, 327.02, 327.06,
327.07, Env-Dw 712.01-712.16
327.10, 327.13, 327.14,
327.40-327.42, 327.45, 327.47,
327.49, 327.51-327.54
Env-Ws 327.70 Env-Dw 712.17
Env-Ws 327.71-327.73, &
327.90 Env-Dw 712.18
Env-Ws 321.08 Env-Dw 712.19
Env-Ws 329 Env-Dw 713
Document #9701, effective 5-1-10, readopted with amendments
and renumbered former rules Env-Ws 322.10 and Env-Ws 322.11 under a new subtitle, respectively, as Env-Dw 719.01 through Env-Dw 719.03.
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.
Documents #9699, #9670, and #9671
replaced all prior filings for the former rules as cited above. The prior filings for these former rules,
beginning with Document #6521, eff 6-4-97, which had readopted with amendments
the entire Chapter Env-Ws 300, include the following
documents:
Env-Ws 310 #6521, eff 6-4-97 #8360, INTERIM, eff 6-4-05 #8474, eff 11-30-05 |
Env-Ws 322 #6521, eff 6-4-97 #7501, eff 6-5-01 #9473, INTERIM, eff 6-5-09 #9606, EMERGENCY, eff 12-1-09 |
Env-Ws 312, 313, and 314 #6521, eff 6-4-97 #8360, INTERIM, eff 6-4-05 #8474, eff 11-30-05 |
Env-Ws 324 #8040, eff 2-14-04 |
Env-Ws 315 #6521, eff 6-4-97 #7735, eff 8-2-02 #8360, INTERIM, eff 6-4-05 #8474, eff 11-30-05 |
Env-Ws 325 and 326 #6521, eff 6-4-97 #7501, eff 6-5-01 #9473, INTERIM, eff 6-5-09 #9606, EMERGENCY, eff 12-1-09 |
Env-Ws 316 #6521, eff 6-4-97 #7645, eff 2-8-02 #8360, INTERIM, eff 6-4-05 #8474, eff 11-30-05 |
Env-Ws 327 #6521, eff 6-4-97 #7501, eff 6-5-01 #7735, eff 8-2-02 #8351, eff 5-14-05 #9473, INTERIM, eff 6-5-09 #9606, EMERGENCY, eff 12-1-09 |
Env-Ws 321 #6521, eff 6-4-97 #7352, eff 8-24-00 #7501, eff 6-5-01 #8040, eff 2-14-04 #9473, INTERIM, eff 6-5-09 #9606, EMERGENCY, eff 12-1-09 |
Env-Ws 329 and 330 #6521, eff 6-4-97 #7501, eff 6-5-01 #9473, INTERIM, eff 6-5-09 #9606, EMERGENCY, eff 12-1-09 |
Parts
Env-Ws 309, 311, 317 through 320, 323, and 328 had
already been deleted and the numbers reserved by filings prior to Documents #9699, #9670, and
#9671.
Revision Note #2:
Document #9619, effective 1-1-10, adopted rules in a new
Part Env-Dw 715, which was intended to replace the
former rules in Part Env-Ws 382. Document #9733, effective 6-24-10,
subsequently repealed the former rules Env-Ws 382.
Part Env-Dw 715 in Document
#9619, upon the repeal of the former rules in Part Env-Ws
382, replaced all prior filings for the former rules. The prior filings for the former rules Env-Ws 382 include the following documents:
#7735, eff 8-2-02
#8351, eff 5-14-05
Document #9620, effective 1-1-10, adopted rules in a new
Part Env-Dw 716, which was intended to replace the
former rules in Part Env-Ws 380. Document #9732, effective 6-24-10,
subsequently repealed the former rules Env-Ws 380.
Part Env-Dw 716 in Document
#9620, upon the repeal of the former rules in Part Env-Ws
380, replaced all prior filings for the former rules. The prior filings for the former rules Env-Ws 380 include the following documents:
#6521, eff 6-4-97
#7754, eff 8-21-02
#8352, eff 5-14-05
Revision Note #3:
Document #9760, effective 7-30-10, adopted some new rules
in a new Part Env-Dw 720, and readopted with
amendments and renumbered some former rules in Env-Ws
300 in the new Part Env-Dw 720, as follows:
Former Rule New
Rule
Env-Ws 303.05 Env-Dw 720.01
Env-Ws 306.01 Env-Dw 720.02
Env-Ws 306.02 Env-Dw 720.03-720.06
(no former rule) Env-Dw 720.07-720.09
Documents #9760 replaced all prior filings for the former
rules as cited above. The prior filing
for Env-Ws 303.05 and Env-Ws
306.02 was in Document #8498, effective 11-30-05. The prior filings for Env-Ws
306.02 include the following documents:
#6521, eff 6-4-97
#8360, INTERIM, eff 6-4-05
#8498, eff 11-30-05
Revision Note #4:
Document #9859, effective 2-8-11, adopted rules in a new
Part Env-Dw 714, which was intended to replace the
former rules in Part Env-Ws 381 entitled “Corrosion
Control Treatment, Lead and Copper Action Levels.” The former rules Env-Ws
381 expired 1-31-11.
Part Env-Dw 714 in Document #9859
replaced all prior filings for the former rules. The prior filings for the former rules Env-Ws 381, beginning with Document #5422, eff 6-22-92, include
the following documents:
#5422, eff 6-22-92
#5873, eff 7-26-94
#6521, eff 6-4-97
#7734, eff 8-2-02
#8351, eff 5-14-05
#9598, eff 11-21-09
#9757, INTERIM, eff 8-2-10, EXPIRED 1-31-11
Revision Note #5:
Document #10617, effective 6-1-14, amended Env-Dw 701.01 introduction and paragraph (j), and adopted new
rules Env-Dw 701.04 and Env-Dw
701.05.
Document #10617 also:
·
Readopted with amendments and renumbered former Env-Ws
304.01, entitled “Recordkeeping Responsibility”, under a new subtitle as Part
Env-Dw 718, entitled “Recordkeeping Requirements;”
·
Readopted with amendments and renumbered former Part Env-Ws 341, entitled “Variances and Exemptions”, and Part Env-Ws 343, entitled “Exemptions Issued by the Department”, as
Env-Dw 721, entitled “Exemptions;” and
·
Readopted with amendments and renumbered former Part Env-Ws 345, entitled “Best Available Technology, Treatment
Techniques, or Other Means Generally Available”; former Part Env-Ws 346, entitled “Best Available Treatment (BAT) for
Inorganic Chemicals”; and former Part Env-Ws 347,
entitled “Best Available Treatment-Organics”, as Part Env-Dw
722, entitled “Best Available Technology and treatment Techniques”.
The redesignation from subtitle Env-Ws
to subtitle Env-Dw for the rules above 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 Env-Ws 304.01, and
former Parts Env-Ws 341, 343, 345, 346, and 347, had
last been filed under Document #8498 or #8497, effective11-30-05, as noted
below. These former 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 #10617, effective 6-1-14.
Document #10617 replaces all prior filings for the former
rule Env-Ws 304.01 and the rules formerly in Env-Ws 341, 343, 345, 346, and 347. 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:
Env-Ws 304.01
#6521, eff
6-4-97 (as Env-Ws 304.10)
#8360, INTERIM, eff 6-4-05 (as Env-Ws 304.10)
#8498, eff 11-30-05
Env-Ws 341 & Env-Ws 343 Env-Ws 346
#6521,
eff 6-4-97 #6521,
eff 6-4-97
#8360, INTERIM, eff 6-4-05 #7645, eff 2-8-02
#8497, eff 11-30-05 #7735,
eff 8-2-02
#8360,
INTERIM, eff 6-4-05
#8497,
eff 11-30-05
Env-Ws 345 Env-Ws 347
#6521,
eff 6-4-97 #6521,
eff 6-4-97
#8040, eff 2-14-04 #7261,
eff 5-4-00
#8360, INTERIM, eff 6-4-05 #8360, INTERIM,
eff 6-4-05
#8497, eff 11-30-05 #8497,
eff 11-30-05
Revision Note #6:
Document #10618, effective 6-1-14, readopted with
amendments and renumbered former Part Env-Ws 308,
entitled “Criteria and Procedures for Non-Central Treatment”, under a new
subtitle as Part Env-Dw 723, entitled “Non-Central
Treatment”. 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 308 had
last been filed under Document #8498, effective 11-30-05. The rules in the former Part Env-Ws 308 did not expire on 11-30-13 but were extended
pursuant to RSA 541-A:14-a until replaced by the rules in Document #10618,
effective 6-1-14.
Document #10618 replaces all prior filings for rules
formerly in Env-Ws 308. The prior filings for rules in the former
Env-Ws 308, 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
Revision Note #7:
Document #12668, effective 1-1-19, effectively readopted
with amendments Part Env-Dw 710, Part Env-Dw 711, Part Env-Dw 712, and Part
Env-Dw 713.
Document #12668 replaces all prior filings for the former rules
affecting these Parts.
Document #12668 deleted the existing rule Env-Dw 711.29 titled “Reporting and Compliance for Nitrite” by
not readopting it, as the subject matter is addressed in paragraph (b) in Env-Dw 711.24 titled “Monitoring and Reporting for Nitrite.”
Document #12668 also adopted a new rule Env-Dw 712.01 titled “Definitions”, which necessitated the
renumbering of the existing rules in Part Env-Dw
712. The source notes for the rules in
Part Env-Dw 712 after Env-Dw
712.01 indicate the former rule number.
Document #12668 also readopted with amendments and renumbered Env-Dw 712.19 titled “VOC and SOC Chemical Monitoring Waivers”
as 3 rules—Env-Dw 712.20 titled “VOC Contaminants
Monitoring Waivers”, Env-Dw 712.21 titled “SOC
Contaminants Monitoring Waivers”, and Env-Dw 712.22
titled “VOC and SOC Contaminants Monitoring Waivers; Duration, Conditions,
Renewal, Revocation.” The source notes
for Env-Dw 712.20, Env-Dw
712.21, and Env-Dw 712.22 therefore contain filing
history information for the former Env-Dw 712.19.
Most of the existing rules in Part Env-Dw
710, Part Env-Dw 711, Part Env-Dw
712, and Part Env-Dw 713 had last been filed under
Document #9700, effective 5-1-10. The
former rules did not expire on 5-1-18 but were extended pursuant to RSA
541-A:14-a until replaced by the rules in Document #12668, effective
1-1-19.
PART Env-Dw
701 PURPOSE
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;
(c) Sampling schedules, established in Env-Dw 708;
(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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; amd by #10617, eff 6-1-14 (See
Revision Note #5 at chapter heading for Env-Dw 700); amd by #10771, eff 2-1-15; ss by #12664, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12664, eff 1-1-19
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;
(c) Micrograms per liter, abbreviated as μg/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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12664, eff 1-1-19; amd by #12838,
eff 9-30-19
Env-Dw
701.04 Definitions Based on Federal
Regulations.
(a)
The following terms used in this
chapter shall be as defined in 40
(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
(c) All other terms shall be as defined in RSA
485 or Env-Dw 100.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14; ss by #12664, eff 1-1-19
Env-Dw 701.05 Chapter-Specific
Definitions.
(a) “Clean compliance history” means a record, over
the prior 12 months, of:
(1) No
(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
(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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#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
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
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
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
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 |
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
PART Env-Dw
703 RADIONUCLIDE CONTAMINANT MCLs
AND MCLGs
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19; ss by #12819, eff 6-28-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19; ss by #12819, eff 6-28-19
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 |
8 |
(e)
Compliance shall be determined in accordance with Env-Dw 707, Env-Dw 708, and Env-Dw 710.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#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
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
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 |
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) |
7
million fibers/L (longer than 10 μm) |
Barium |
2 |
2 |
Beryllium |
0.004 |
0.004 |
Cadmium |
0.005 |
0.005 |
Chromium |
0.1 |
0.1 |
Copper |
See Env-Dw 704.03 |
1.3 |
Cyanide (as free Cyanide) |
0.2 |
0.2 |
Fluoride (also see Env‑Dw 706) |
4.0 |
4.0 |
Lead |
See Env-Dw 704.03 |
Zero |
Mercury |
0.002 |
0.002 |
Nitrate (as N) |
10 |
10 |
Nitrite (as N) |
1 |
1 |
Total Nitrate + Nitrite |
10 |
10 |
Selenium |
0.05 |
0.05 |
Thallium |
0.002 |
0.0005 |
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19; ss by #13044, eff 5-28-20
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
PART Env-Dw
705 REGULATED ORGANIC CHEMICAL
CONTAMINANT MCLs AND MCLGs
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 |
0.6 |
para-Dichlorobenzene (1,4-Dichlorobenzene) |
0.075 |
0.075 |
1,2-Dichloroethane |
0.005 |
Zero |
1,1-Dichloroethylene |
0.007 |
0.007 |
cis-1,2-Dichloroethylene |
0.07 |
0.07 |
trans-1,2-Dichloroethylene |
0.1 |
0.1 |
Dichloromethane (Methylene chloride) |
0.005 |
Zero |
1,2-Dichloropropane |
0.005 |
Zero |
Ethylbenzene |
0.7 |
0.7 |
Methyl tertiary-butyl ether (MtBE) |
0.013 |
0.013 |
Monochlorobenzene (chlorobenzene) |
0.1 |
0.1 |
Styrene |
0.1 |
0.1 |
Tetrachloroethylene |
0.005 |
Zero |
Toluene |
1 |
1 |
1,2,4- Trichlorobenzene |
0.07 |
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 |
10 |
10 |
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
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 |
0.003 |
Carbofuran (Furadon, 4F) |
0.04 |
0.04 |
Chlordane |
0.002 |
Zero |
Dalapon |
0.2 |
0.2 |
Dibromochloropropane (DBCP) |
0.0002 |
Zero |
Di(2-ethylhexyl)adipate |
0.4 |
0.4 |
Di(2-ethylhexyl)phthalate |
0.006 |
Zero |
Dinoseb |
0.007 |
0.007 |
Diquat |
0.02 |
0.02 |
Endothall |
0.1 |
0.1 |
Endrin |
0.002 |
0.002 |
Ethylene Dibromide (EDB) |
0.00005 |
Zero |
Glyphosate |
0.7 |
0.7 |
Heptachlor |
0.0004 |
Zero |
Heptachlor Epoxide |
0.0002 |
Zero |
Hexachlorobenzene |
0.001 |
Zero |
Hexachlorocyclopentadiene |
0.05 |
0.05 |
Lindane |
0.0002 |
0.0002 |
Methoxychlor (DMDT, Martate) |
0.04 |
0.04 |
Oxamyl (Vydate) |
0.2 |
0.2 |
PAH
- Benzo(a)pyrene |
0.0002 |
Zero |
Picloram |
0.5 |
0.5 |
Polychlorinated Biphenyls (PCB) |
0.0005 |
Zero |
Pentachlorophenol |
0.001 |
Zero |
Simazine |
0.004 |
0.004 |
Toxaphene |
0.003 |
Zero |
2,3,7,8 TCDD (Dioxin) |
0.00000003 |
Zero |
2,4,5 TP (Silvex) |
0.05 |
0.05 |
2,4 D |
0.07 |
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
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.
(c)
The MCLs for disinfection byproducts shall be as specified in Table
705-3 below:
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 |
0 |
Bromoform |
0 |
Bromate |
0 |
Chlorite |
0.8 |
Chloroform |
0.07 |
Dibromochloromethane |
0.06 |
Dichloroacetic Acid |
0 |
Monochloroacetic Acid |
0.07 |
Trichloroacetic Acid |
0.02 |
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
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 |
4 |
Chloramines, as Cl2 |
4.0 |
4 |
Chlorine Dioxide, as ClO2 |
0.8 |
0.8 |
(d)
Monitoring and compliance for residual disinfectants shall be as
specified in Env-Dw 715.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
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 |
(c)
Compliance with the MCLs and MCLGs in Table 705-6, above, shall be
determined in accordance with Env-Dw 712.19.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700) #9699,
eff 5-1-10; ss by #12665, eff 1-1-19
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 |
0 |
Perfluorononanoic acid (PFNA) |
0.000011 |
0 |
Perfluorooctane sulfonic acid (PFOS) |
0.000015 |
0 |
Perfluorooctanoic acid (PFOA) |
0.000012 |
0 |
(c) Monitoring and compliance for PFAS contaminants
shall be as specified in Env-Dw 707, Env-Dw 708, and Env-Dw 712.
Source.
#12838, eff 9-30-19
PART
Env-Dw 706
REGULATED SECONDARY CONTAMINANT MCLs (SMCLs)
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 |
pH |
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9699, eff 5-1-10; ss by #12665, eff 1-1-19
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.
(c)
The system shall take samples for the appropriate factors listed in (b), above, based on:
(1) Exceedances of the SMCLs in any of its active water supply sources; or
(2) Customer complaints attributable to these
factors.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#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
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12666, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700) #9700,
eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12666,
eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12666, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12666, eff 1-1-19
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).
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12666, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#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
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12666, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12666, eff 1-1-19
PART
Env-Dw 708 SAMPLING SCHEDULES
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.
(c) The sampling schedule shall be established
for each parameter for which the sample is being collected based on:
(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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12667, eff
1-1-19
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.
Source. (See Revision
Note #1 at chapter heading for Env-Dw 700) #9700, eff
5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12667, eff 1-1-19
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).
(c) A request submitted pursuant to (b), above,
shall include the following:
(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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12667, eff 1-1-19
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.
(c) The department shall approve a blended sample
if:
(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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12667, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12667, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12667, eff 1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12667, eff 1-1-19
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
(c) Nitrite analysis every 3 years in accordance
with Env-Dw 711.24 through Env-Dw
711.28.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12667, eff
1-1-19
PART Env-Dw 709 MONITORING
FOR MICROBIOLOGICAL CONTAMINANTS
Env-Dw
709.01 Applicability.
(a)
The rules in this part shall apply to all public water systems (PWS),
including community water systems (CWS) and non-community water systems (NCS),
whether transient NCS or non-transient NCS, and whether seasonal or non-seasonal
systems.
(b)
Subject to (c), each PWS owner shall monitor according to the sampling
schedule in effect on January 1, 2015 unless any of the conditions specified in
Env-Dw 709 that trigger additional sampling
requirements are met.
(c)
Commencing February 1, 2015, the owner of a seasonal system shall begin
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 non-seasonal NCS specified in Env-Dw 709.08 and Env-Dw 709.09.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
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 may collect all
required samples on a single day only if the samples are obtained at different
sampling points.
(d)
For purposes of (c), above, multiple samples may be taken from a sample
site only 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 E. coli MCL violation as
described in Env-Dw 702.02 or has exceeded the
coliform assessments triggers in Env-Dw 709.22.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
Env-Dw
709.05 Frequency of Standard
Monitoring for Total Coliforms for CWS.
(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 Community Water Systems
Population Served Lower Limit Upper Limit |
Minimum number of samples per month |
25 to 1,000 |
1 |
1,001 to 2,500 |
2 |
2,501 to 3,300 |
3 |
3,301 to 4,100 |
4 |
4,101 to 4,900 |
5 |
4,901 to 5,800 |
6 |
5,801 to 6,700 |
7 |
6,701 to 7,600 |
8 |
7,601 to 8,500 |
9 |
8,501 to 12,900 |
10 |
12,901 to 17,200 |
15 |
17,201 to 21,500 |
20 |
21,501 to 25,000 |
25 |
25,001 to 33,000 |
30 |
33,001 to 41,000 |
40 |
41,001 to 50,000 |
50 |
50,001 to 59,000 |
60 |
59,001 to 70,000 |
70 |
70,001 to 83,000 |
80 |
83,001 to 96,000 |
90 |
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
Env-Dw
709.06 Reduction in Total Coliform
Monitoring for CWS 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.
(c)
The department shall approve a request submitted pursuant to this
section if it determines that:
(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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #10771, eff
2-1-15; ss by #12420, eff 11-18-17
Env-Dw
709.07 Return to Standard Monitoring
Frequency for CWS 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 an E. coli MCL violation;
b. Triggers a level II assessment or 2 level I
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 required to issue a boil order in
accordance with Env-Dw 709.19;
f. Is without a certified operator for the system for more than 30 consecutive days;
g. Adds a new source; or
h. Has a sanitary defect;
(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).
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12420, eff 11-18-17
Env-Dw
709.08 Frequency of Standard
Monitoring For Total Coliforms for Non-Seasonal NCS and Certain Seasonal
Systems.
(a)
Subject to (b) and (c), below, and Env-Dw
709.09, the owner of a non-community water system (NCS) 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 NCS serves 1,000 persons or fewer per
month, the owner shall collect one sample during each calendar quarter that the
NCS provides water to the public; and
(2) If the NCS 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 community water system, as
specified in Env-Dw 709.05(a).
(b)
If the number of persons served by an NCS 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 NCS supplied by surface water or groundwater under the direct
influence of surface water shall monitor for coliform bacteria monthly.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
Env-Dw
709.09 Return to Standard Monitoring
Frequency for NCS Serving 1,000 Persons or Fewer.
(a)
The owner of an NCS monitoring bacteria at the frequency established by
Env-Dw 709.01(b) or at a reduced frequency under Env-Dw 709.12 shall return to the standard bacteria monitoring
frequency if:
(1) The NCS:
a. Has a bacteria monitoring violation;
b. Has been required to issue a boil order in
accordance with Env-Dw 709.19;
c. Has installed a
continuously-operating bacterial disinfection/inactivation treatment process
within 6 months of incurring a bacterial MCL violation;
d. Adds a new source; or
e. Has a sanitary defect;
(2) The physical configuration of the NCS
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 NCS 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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12420, eff 11-18-17
Env-Dw
709.10 Increase to Monthly Monitoring
for NCS Serving 1,000 Persons or Fewer.
(a)
The owner of an NCS 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 NCS:
(1) Has an E. coli MCL violation;
(2) Experiences one level II assessment trigger
or 2 level I 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 I 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 NCS 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 NCS;
(2) The PWS identifier of the NCS; 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 NCS has not been required to issue a boil
order in accordance with Env-Dw 709.19 in the
preceding 12 months, has a clean compliance history, and either:
(1) A level II 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
(2) The department has conducted a sanitary
survey within the preceding 12 months and confirmed that the NCS:
a. Is supplied
solely by one or more protected water sources;
and
b. Is
free of sanitary defects and significant deficiencies.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
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).
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
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.
(c)
The department shall approve the request if the department determines
that:
(1) The seasonal system has not been required to
issue a boil order in accordance with Env-Dw 709.19
in the preceding 12 months and has a clean compliance history; and
(2) A level II assessment conducted by an
individual who meets the qualifications in Env-Dw
720.09 during current operation season, 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 709.09 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 per Env-Dw
709.11.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
Env-Dw
709.13 Sampling for Total Coliforms
When Turbidity Exceeds One NTU.
(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 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
system owner shall collect a total coliform sample within 24 hours of the first
NTU exceedance, unless the department determines that the system cannot have
the sample analyzed within 30 hours of collection.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
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 system 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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15 (from Env-Dw
709.13)
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 system owner to collect repeat
samples as specified in (a) through (f), above.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10 ss by #10771, eff 2-1-15 (from Env-Dw
709.10)
Env-Dw
709.16 Alternate Plan for Repeat Monitoring
Locations.
(a)
The owner of a PWS who is required to take repeat samples 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, 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) 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 owner shall either implement the plan as
modified or take samples in the location(s) specified in Env-Dw 709.15.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15
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 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 and/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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15 (from Env-Dw
709.11)
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.
(c) Subject to (d), below, the department shall
invalidate a sample result that is positive for total coliforms only if:
(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 per 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
system 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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15 (from Env-Dw
709.12)
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 per 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.
(c)
Boil order language shall:
(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, and telephone number
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 PWS, 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 II assessment and correcting all sanitary defects; and
(3) The department notifies the PWS owner that
the boil order may be lifted.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15 (from Env-Dw
709.14)
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 system’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 system 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.
Source.
#10771, eff 2-1-15 (from Env-Dw 709.15)
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.
(c)
Bacteria samples shall be analyzed for the presence or absence of total
coliforms and E. coli.
(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.
Source. #10771,
eff 2-1-15 (from Env-Dw 709.16)
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 I assessment shall be triggered if:
(1)
For a system collecting fewer than 40 samples per month, the system has 2
or more total coliform-positive samples in the same month;
(2)
For a system 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 system fails to take every required repeat sample after any single
total coliform-positive sample result.
(c)
The level II assessment shall be triggered if:
(1) An
E. coli MCL violation as specified in Env-Dw
702.02 occurs; or
(2) A
second level I assessment is triggered within 12 months of a prior level I or
level II assessment, unless the department has:
a. Identified
a likely reason that the samples that caused the first level I treatment
technique trigger were total coliform-positive; and
b. Determined
that the owner has corrected the problem.
Source.
#10771, eff 2-1-15
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 system 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.
(c)
A monitoring violation shall exist if the owner:
(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 system 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.
Source.
#10771, eff 2-1-15 (from Env-Dw 709.18)
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 system discovers the violation;
and
(2)
Notify the public in accordance with Env-Dw
800.
(c)
A PWS owner who has a treatment technique violation as specified in Env-Dw 709.23 shall:
(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.
Source.
#10771, eff 2-1-15 (from Env-Dw 709.19)
Env-Dw
709.25 Recordkeeping. If the
department approves an extension of the 24 hour limit to take repeat samples
per Env-Dw 709.15(c), the owner of the system shall
maintain a record of the approval for at least 5 years from the date of the
extension.
Source.
#10771, eff 2-1-15
PART Env-Dw 710 MONITORING
FOR RADIONUCLIDES
Env-Dw
710.01 Purpose. The purpose of this part is to establish
procedures and criteria for the monitoring of radionuclides in drinking water.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700) #9700,
eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter heading
for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
(c) “Compliance gross alpha” means the analytical
gross alpha activity minus the uranium activity.
(d) “Radionuclides” means alpha particles, beta
particles, or both.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700); ss by #12819, eff 6-28-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700); ss by #12819, eff 6-28-19
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (See Revision Note #7 at chapter heading for Env-Dw
700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; amd
by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (See Revision Note #7 at
chapter heading for Env-Dw 700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (See Revision Note #7 at chapter heading for Env-Dw
700); ss by #12819, eff 6-28-19
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (See Revision Note #7 at chapter heading for Env-Dw
700)
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).
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (See Revision Note #7 at chapter heading for Env-Dw
700)
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.
(c) The confirmation sample shall:
(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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; amd
by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (See Revision Note #7 at
chapter heading for Env-Dw 700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; amd
by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (See Revision Note #7 at
chapter heading for Env-Dw 700)
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 |
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #10771, eff
2-1-15; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter heading for
Env-Dw 700)
PART Env-Dw 711 MONITORING
FOR INORGANIC CHEMICALS
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (See Revision Note #7 at chapter heading for Env-Dw
700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
(c)
The frequency of monitoring for asbestos shall be as specified in Env-Dw 711.09 through Env-Dw 711.17.
(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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (See
Revision Note #7 at chapter heading for Env-Dw 700)
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.
(c) If any one sample is more than 4 times the
MCL specified in Env-Dw 704, then the system shall be
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw 700)
Env-Dw 711.08 Reporting
for Regulated Inorganics. An O/O
shall report regulated inorganics in accordance with Env-Dw
719.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
(c) A PWS shall be deemed vulnerable to asbestos
contamination if the PWS:
(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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
(c) A request submitted pursuant to (b), above,
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) 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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (See
Revision Note #7 at chapter heading for Env-Dw 700)
Env-Dw 711.16 Reporting
for Asbestos. An O/O shall report
asbestos monitoring results in accordance with Env-Dw
719.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
(c) If the average at any sample point is greater
than the MCL, then the system shall be out of compliance.
(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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note at #1 chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw 700)
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.
(c) 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) 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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668,
eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw
700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (See
Revision Note #7 at chapter heading for Env-Dw 700)
Env-Dw 711.23 Reporting
and Compliance for Nitrate. An O/O
shall report for nitrates in accordance with Env-Dw
719.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
(c) An O/O unable to comply with the 24 hour
sampling requirement shall:
(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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw 700)
PART Env-Dw 712 MONITORING
FOR ORGANICS
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.
Source. #12668,
eff 1-1-19
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (formerly Env-Dw 712.01) (See Revision Note #7
at chapter heading for Env-Dw 700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (formerly Env-Dw 712.02) (See Revision Note #7
at chapter heading for Env-Dw 700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (formerly Env-Dw 712.03) (See Revision Note #7
at chapter heading for Env-Dw 700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; amd
by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.04) (See Revision Note #7 at chapter heading for
Env-Dw 700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; amd
by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.05) (See Revision Note #7 at chapter heading for
Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly
Env-Dw 712.06) (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; amd
by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly Env-Dw 712.07) (See Revision Note #7 at chapter heading for
Env-Dw 700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #10771, eff 2-1-15;
ss by #12668, eff 1-1-19 (formerly Env-Dw 712.08)
(See Revision Note #7 at chapter heading for Env-Dw
700)
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.
(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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (formerly Env-Dw 712.09) (See Revision Note #7
at chapter heading for Env-Dw 700)
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9700, eff 5-1-10; ss by #12668, eff
1-1-19 (formerly Env-Dw 712.10) (See Revision Note #7
at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (formerly Env-Dw 712.11) (See
Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (formerly
Env-Dw 712.12) (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (formerly Env-Dw 712.13) (See
Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw
712.14) (See Revision Note #7 at chapter heading for Env-Dw
700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (formerly Env-Dw 712.15) (See
Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw
712.16) (See Revision Note #7 at chapter heading for Env-Dw
700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw
712.17) (See Revision Note #7 at chapter heading for Env-Dw
700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (formerly Env-Dw
712.18) (See Revision Note #7 at chapter heading for Env-Dw
700)
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:
1. 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
2. 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.
(c) No request shall be granted if the PWS:
(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:
1. A
tank used exclusively to store potable water treatment chemicals;
2. An
interior home heating oil tank located within an intact concrete structure such
as a basement;
3. An
exterior home heating oil tank located on an impervious surface with a roof,
secondary containment, and protection from collision; or
4. 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.
Source. #12668,
eff 1-1-19
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.
(c) No SOC contaminant monitoring waiver shall be
granted if:
(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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by #12668,
eff 1-1-19 (formerly Env-Dw 712.19) (See Revision
Note #7 of chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (formerly Env-Dw 712.19) (See
Revision Note #7 of chapter heading for Env-Dw 700)
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.
Source. #12838,
eff 9-30-19
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.
(c)
The O/O shall monitor for PFAS contaminants during the quarter in which
the highest analytical result was observed.
(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.
Source. #12838,
eff 9-30-19
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.
Source. #12838,
eff 9-30-19
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.
Source. #12838,
eff 9-30-19
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.
Source. #12838,
eff 9-30-19
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.
(c)
Detection limits for PFAS contaminants shall not exceed those set forth
in Table 712-2, below:
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 |
Source. #12838,
eff 9-30-19
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.
(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.
Source. #12838,
eff 9-30-19
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.
Source. #12838,
eff 9-30-19
PART Env-Dw 713 MONITORING
FOR SECONDARIES
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (See
Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #10771, eff 2-1-15; ss by #12668, eff 1-1-19 (See
Revision Note #7 at chapter heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; ss by #12668, eff 1-1-19 (See Revision Note #7 at chapter
heading for Env-Dw 700)
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9700, eff 5-1-10; amd by #10771, eff 2-1-15; ss by
#12668, eff 1-1-19 (See Revision Note #7 at chapter heading for Env-Dw 700)
PART Env-Dw
714 CONTROL OF LEAD AND COPPER
Statutory
Authority: RSA 485:2, V
Env-Dw
714.01 Purpose and Applicability.
(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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source.
#9859, eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw 700); ss by #12181, eff 5-23-17
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.
Source. #9859,
eff 2-8-11 (See Revision Note #4 at chapter heading for Env-Dw
700); ss by #12181, eff 5-23-17
PART
Env-Dw 715
DISINFECTION RESIDUALS, BYPRODUCTS, AND BYPRODUCT PRECURSORS
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.
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
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.
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
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.
(c) “Dual sample set” means “dual sample set” 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.
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
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).
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
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.
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
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.
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
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.
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
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.
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
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.
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
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.
Source.
#9619, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12532, eff 6-1-18
PART Env-Dw
716 FILTRATION, DISINFECTION, AND WASTE RECYCLING
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.
Source.
#9620, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12533, eff 6-1-18
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
(c) Any combination of surface water and
groundwater under the direct influence of surface water.
Source.
#9620, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12533, eff 6-1-18
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.
Source.
#9620, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12533, eff 6-1-18
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.
Source.
#9620, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12533, eff 6-1-18
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.
Source.
#9620, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12533, eff 6-1-18
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.
Source.
#9620, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12533, eff 6-1-18
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.
Source.
#9620, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12533, eff 6-1-18
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.
Source.
#9620, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12533, eff 6-1-18
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.
Source.
#9620, eff 1-1-10 (See Revision Note #2 at chapter heading for Env-Dw 700); ss by #12533, eff 6-1-18
PART
Env-Dw 717
GROUNDWATER MONITORING AND TREATMENT
Statutory
Authority: RSA 485:2, V
Env-Dw
717.01 Purpose and Scope.
(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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c)
All PWS subject to this part shall comply with 40 CFR 141.400(c),
reprinted in Appendix C.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c)
“Compliance deadline” means:
(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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c)
Each sample taken for analysis shall contain at least 100 milliliters
(ml) of water.
(d) Groundwater source samples shall
be analyzed as specified in Env-Dw 707 and 40 CFR
141.402(c)(2).
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c)
A laboratory shall invalidate a positive sample 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; 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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c)
If 6 samples are not collected prior to the
compliance deadline, the O/O
of the groundwater system shall:
(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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c)
A written request submitted under (a) or (b), above, shall include:
(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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c)
The department shall respond in writing and, based on the technology
used:
(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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source. #9600,
eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c) Subject to (d), below, the following records
shall be retained for 5 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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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;
(c) Well is not sealed;
(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.
Source.
#9600, eff 11-21-09; amd by #9758, eff 7-30-10;
ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #9758, eff 7-30-10; ss by #12525, eff 6-1-18
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.
(c) Failure to submit the monthly reports
required by Env-Dw 717.18 shall constitute a reporting
violation.
(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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c) Documentation of notice to the public as
required under Env-Dw 800 shall be retained for 3 years.
(d) Records of invalidation of E. coli
positive samples shall be retained for 5 years.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
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.
(c) A provider system that receives notice that
its groundwater source sample is E. coli positive shall:
(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.
Source.
#9600, eff 11-21-09; ss by #12525, eff 6-1-18
PART Env-Dw 718 RECORDKEEPING
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14; ss by #12669, eff 1-1-19
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.
Source.
#12669, eff 1-1-19
PART Env-Dw
719 REPORTING
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
(c) “Third-party laboratory” means a laboratory
that is not owned or otherwise controlled by the O/O.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9701, eff 5-1-10; ss by #12669, eff 1-1-19
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.
Source. (See Revision Note #1 at chapter heading for
Env-Dw 700) #9701, eff 5-1-10; ss by #12669, eff
1-1-19
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.
Source. (See
Revision Note #1 at chapter heading for Env-Dw 700)
#9701, eff 5-1-10; ss by #12669, eff 1-1-19
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.
(c) The agreement between the data provider and
the department shall be as follows:
“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.”
Source.
#12669, eff 1-1-19
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.
Source.
#12669, eff 1-1-19
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
(c) The information required by (b), above, shall
be submitted to the department using the CMDP.
Source. #12669,
eff 1-1-19
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.
Source.
#12669, eff 1-1-19
PART Env-Dw 720 INSPECTIONS;
SIGNIFICANT DEFICIENCIES; ASSESSMENTS
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 rules adopted under RSA 485, specifically
Env-Dw 100 et seq., 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.
Source. (See
Revision Note #3 at chapter heading for Env-Dw 700)
#9760, eff 7-30-10; ss by #10771, eff 2-1-15
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 100 et seq. exists.
(c) The sanitary survey shall cover the following
areas:
(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 100 et
seq.;
(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 |
Source. (See
Revision Note #3 at chapter heading for Env-Dw 700)
#9760, eff 7-30-10; ss by #10771, eff 2-1-15
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;
(7) System lacks a
cross-connection control program or cross-connection devices, if applicable;
(8) System lacks backflow
prevention device, if required;
(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 does not have a
schedule for performing regular system maintenance;
(18) System has pumping facilities that are not secured or a well that
is not protected from tampering;
(19) System does not have a
properly-operating meter or other means to measure flow for each incoming
source, if required;
(20) System does not have
individual sampling taps or other means to obtain discrete samples for each
source;
(21) System is a community water
system and does not have an emergency plan available for review when requested;
(22) Required monitoring,
reporting, and recordkeeping are not being done as required;
(23) System has any
other violation(s) of applicable rules that pose(s) a significant risk to
public health;
and
(24) 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 405.33(d), Env-Dw 406.26(c), 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.
Source. (See
Revision Note #3 at chapter heading for Env-Dw 700)
#9760, eff 7-30-10; ss by #10771, eff 2-1-15
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:
(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 (d), 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
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 MCL and treatment technique violations or Env-Dw 801.05(a)-(c) relative to 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.
Source. (See
Revision Note #3 at chapter heading for Env-Dw 700)
#9760, eff 7-30-10; ss by #10771, eff 2-1-15; ss by #12420, eff 11-18-17
Env-Dw 720.05 Corrective
Action Plan (CAP).
(a) If a system
owner is required to develop a corrective action plan (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.
(c) The department shall approve a CAP proposed
by the system owner pursuant to (a), above, 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.
(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.
Source. (See
Revision Note #3 at chapter heading for Env-Dw 700)
#9760, eff 7-30-10; ss by #10771, eff 2-1-15
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).
Source. (See
Revision Note #3 at chapter heading for Env-Dw 700)
#9760, eff 7-30-10; ss by #10771, eff 2-1-15
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 I or level II 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 II assessment is triggered by an E.
coli MCL violation, the department or its agent shall conduct the level II
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 II assessment shall:
(1) Be
more comprehensive than a level I 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.
Source. (See
Revision Note #3 at chapter heading for Env-Dw 700)
#9760, eff 7-30-10; ss by #10771, eff 2-1-15
Env-Dw 720.08 Qualifications
of Level I Assessors.
(a) A PWS owner shall ensure that each individual
performing a level I assessment is familiar with the operation and management
of the PWS to be assessed.
(b) A level I assessment shall be conducted by:
(1)
For transient PWS, the owner or the owner’s authorized agent;
(2) For non-transient, non-community PWS, 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, an operator certified at a grade comparable
to or higher than the required grade for that PWS.
Source. (See
Revision Note #3 at chapter heading for Env-Dw 700)
#9760, eff 7-30-10; ss by #10771, eff 2-1-15
Env-Dw 720.09 Qualifications
of Level II Assessors.
(a) A level II assessment other than one
conducted by the department pursuant to Env-Dw
720.07(b) shall be conducted by:
(1)
For transient PWS, an operator certified at Grade 1A or higher; and
(2)
For non-transient, non-community PWS and community PWS, an operator
certified at a grade comparable to or higher than the required grade for that
PWS.
(b) The individual(s) who conducted a level I
assessment may participate in a level II assessment at the same PWS but shall
not conduct the level II assessment without at least one additional qualified
individual.
Source. (See
Revision Note #3 at chapter heading for Env-Dw 700)
#9760, eff 7-30-10; ss by #10771, eff 2-1-15
Env-Dw 720.10 Report
of Assessment.
(a) Subject to (d), below, the system owner shall
submit a written report of the completed level I or level II 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 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.
(c) If no sanitary defects were identified, the
assessment report shall so state.
(d) If the department conducts a level II
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.
Source.
#10771, eff 2-1-15
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.
Source.
#10771, eff 2-1-15
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.
(c) The department shall approve a modification
to the approved assessment report if:
(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.
Source.
#10771, eff 2-1-15
Env-Dw 720.13 Consultation
About Corrective Actions.
Consultations about corrective actions shall occur as specified in 40
CFR 141.859(d).
Source.
#10771, eff 2-1-15
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)
relative to being in compliance with a CAP;
(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 triggered
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.
Source.
#10771, eff 2-1-15
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 community water systems (CWS) or Env-Dw 801.11 for non-community water systems (NCS), 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 NCS 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 include the information specified in (d),
below, in each notice
provided on or after the 12-month period.
(d) The notice required by (b) or (c), above,
shall include the following information:
(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.
(e) The owner of a CWS at which a level I
assessment or level II 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.
(f) In a community where the population of
non-English speaking residents exceeds 20% of the community population, the
notice provided pursuant to this section 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.
Source.
#10771, eff 2-1-15; ss by #12420, eff 11-18-17
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.
Source.
#10771, eff 2-1-15
PART Env-Dw 721 EXEMPTIONS
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
(2) The
(3) If no
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
Env-Dw 721.02 Exemptions. The department shall issue exemptions from the
requirements of these drinking water rules as specified in 40
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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 (
(a) The owner
of the public water system is unable to comply with such
(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
(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
(b) The public water system was in operation on
the effective date of such
(c) Granting
the exemption will not result in an unreasonable risk to health.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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.
(c) The department shall not grant any exemption
from the
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14
PART Env-Dw
722 BEST AVAILABLE TECHNOLOGY
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
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14; ss by #12820, eff 6-28-19
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
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14; ss by #12820, eff 6-28-19
Env-Dw
722.03 BAT for Inorganics. The best available technology, treatment
technique, or other means available for achieving compliance with the
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14; ss by #12820, eff 6-28-19
Env-Dw 722.04 BAT for Organic Chemicals. The technologies listed in 40
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14; ss by #12820, eff 6-28-19
Env- Dw
722.05 BAT for Disinfection
Byproducts. The technology listed in
40
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14; ss by #12820, eff 6-28-19
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).
Source. #12820,
eff 6-28-19
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.
Source. (See
Revision Note #5 at chapter heading for Env-Dw 700)
#10617, eff 6-1-14; ss by #12820, eff 6-28-19 (formerly Env-Dw
722.06)
PART Env-Dw
723 NON-CENTRAL TREATMENT
Env-Dw 723.01 Use of Non-Central Treatment.
(a) Subject to (b), below, point-of-entry (POE)
or point-of-use (POU) treatment shall be used by a public water system (PWS or system) only where:
(1)
Alternate water sources are not feasible;
(2)
Centralized treatment is not feasible; and
(3)
The conditions specified in Env-Dw 723.06 are
met.
(b) POU treatment shall be allowed only if POE treatment 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.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.02 Request to Approve Non-Central Treatment. To request approval to install and use POE or POU treatment, the system owner shall submit
the following in writing to the department:
(a) The name, location, and PWS identifier of the system;
(b) The contaminant(s) proposed to be treated by the POE or POU devices;
(c) An explanation, with supporting
documentation, of the system’s attempts to locate alternate sources;
(d) An explanation, with supporting documentation, of why centralized treatment is not
feasible;
(e) The results of pilot
testing for POE devices conducted pursuant to 40
(f) An operations and maintenance plan which explains how:
(1)
All units will be operated, scheduled for media or cartridge
replacement, and monitored for total flow treated; and
(2)
Records will be maintained to ensure all units are operated correctly to
ensure the contaminant is treated as proposed; and
(g) A contract with a certified operator that:
(1) Specifies the operator’s obligations
to maintain and sample all installed POE or POU 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.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.03 Department Action on Request to Approve
Non-Central Treatment. The
department shall approve a request to install and use POE or POU treatment if
it determines that:
(a) A non-contaminated source is not available to
the water system;
(b) Centralized treatment is not feasible;
(c) The water from the POE or POU treatment devices will:
(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 pilot testing, if required,
indicate that each treatment option proposed would be effective in reducing the
contaminant concentration to below the applicable MCL; and
(e) All current owners or renters of property
served by the PWS agree to the implementation of the proposed POU or POE
treatment, 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 system owner, as described in Env-Dw 723.07.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.04 Prerequisites
to Implementing Approved Non-Central Treatment.
(a) Prior to installing any POE or POU treatment
devices, the system owner shall:
(1)
Develop and obtain approval for a monitoring plan as specified in (b)
and (c), below; and
(2)
Submit a design layout for the POE or POU treatment devices as specified
in (d), below.
(b) The system owner shall develop the monitoring
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 physical measurements, observations such as total
flow treated, the mechanical condition of the treatment equipment, the microbiological
purity of the water, and scheduled maintenance.
(c)
The department shall approve the monitoring 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 POE or POU treatment device for each building connected to the
system; and
(3) Include certification from the manufacturer
that the POE or POU treatment devices meet the applicable American National
Standards Institute (
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.05 Non-Central Treatment Implementation
Requirements.
(a) The requirements of this section shall apply
after a system owner receives approval for the installation and use of POE or
POU 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(g), the system 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.
(c) With respect to the POE or POU treatment devices installed, the system
owner shall:
(1)
Operate and maintain each POE or POU treatment unit, 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)
Not delegate operation and maintenance responsibilities to home or
business owners;
(3)
Submit data documenting that every building is subject to treatment and
monitoring; and
(4)
Not separate the POE or POU treatment unit from the supply by sale,
lease, or other conveyance of the property.
(j) Monitoring shall be in accordance with Env-Dw 723.09.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.06 Conditions for POE and POU Treatment.
(a) POE or POU treatment shall not be approved for:
(1)
Volatile contaminants;
(2) Contaminants that cause staining or pipe
deposits such as iron, manganese, and hardness; or
(3)
Acute contaminants such as bacteria, nitrate, or nitrite.
(b) POE or POU treatment shall be an alternate to centralized treatment to
achieve compliance with the
(c) POE or POU treatment shall not be approved for use at new community water
systems.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.07 POE and
POU User Agreement.
(a) The system owner shall provide all current
owners or renters of property served by the PWS with educational information
regarding:
(1)
How the POE or POU treatment device 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 system owner proposing to use POE or POU
treatment 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 customers of each property to be served by POE or POU 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 POE or POU treatment.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.08 POE and
POU Equipment Requirements.
(a) The POE or POU treatment device shall be owned
or leased by the system owner.
(b) The POE or POU treatment device shall be
installed and maintained by the system owner, provided however that the system
owner may contract maintenance and the repair of the devices to other water
industry professionals including certified water operators.
(c) All 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 system owner
shall maintain and test the unit according to manufacturer specifications.
(d) The POE or POU treatment device shall be
certified under the applicable American National Standards Institute (
(e) Subject to (f), below, all POE or POU
treatment devices shall be of the same treatment method and brand name at the
time of the initial installation.
(f) A system owner may request the department to
waive the requirement in (e), above, based on:
(1) The needs of variable-sized customers
connected to the water system;
(2) Unique purity needs of certain customers;
(3) The system’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.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.09 POE and
POU Monitoring Requirements.
(a) Unless otherwise specified in the treatment
approval, the system owner shall collect a sample of treated water and have the
sample tested for the contaminant(s) from each POE or POU device:
(1)
Within 6 months of initial installation; and
(2) Annually thereafter as specified in the
system’s sampling schedule provided by the department in accordance with Env-Dw 708.
(b) If
any result from any POE or POU device exceeds the
(c) Compliance shall be determined for each unit
based on the running annual average of results from samples collected at each
POE or POU device.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.10 Violation
of
(a)
For purposes of this section, an MCL violation for a
particular contaminant occurs when the running annual average is greater than
the
(b)
If an
(1) Within 3 days, provide the standard
(2) Make repairs to the device within 7 days; and
(3) Test the repaired device within 7 days of repair to determine whether the
(c) If the violation occurs at a community water
system, the system 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 system owner shall post public notice as follows:
(1) At
the location of the POU
treatment device where the
(2) If
the violation arises at a POE
treatment device, on a main bulletin board or other conspicuous place in the
facility served by the POE treatment device.
(e) If violations of POE or POU devices 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 723.01(f) 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
concept 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.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Env-Dw 723.11 POE and
POU Ongoing User Education.
(a) Where POE or POU treatment is used, the
system owner shall annually provide written educational materials to water
users concerning the importance of using POE or POU treated water for drinking
water consumption and food preparation.
(b) For community water systems, the system owner
may include the educational materials required by (a), above, in the
(c) All new residents shall be given this
educational notice within 15 days of the beginning of water service.
(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 users).
(Insert applicable paragraph)
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 maximum contaminant
level (
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) violations 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 800).”
(d) Where POE or POU 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
(e) Where POE or POU treatment devices are
installed in a non-transient, non-community water system, all sinks where users
may access water for drinking water or washing shall be posted to identify
whether the water is potable or non-potable.
Source. (See
Revision Note #6 at chapter heading for Env-Dw 700)
#10618, eff 6-1-14
Appendix A - Statutes/Regulations
Implemented
Rule
Section(s) |
State
Statute(s) Implemented |
Federal
Regulation(s) Implemented |
|
|
|
Env-Dw 701 |
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, RSA 485:41, II & IV |
40 |
|
|
|
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 –
709.05 |
RSA 485:3, I |
40 CFR 141.21; 40 CFR 141.853 – 141.861 |
Env-Dw 709.06, |
RSA 485:1, II(e); RSA 485:3, I |
40 CFR 141.2 40 CFR 141.855(d); 40 CFR 142.16 (q)(2)(ii) |
Env-Dw 709.07 |
RSA 485:1, II(e); RSA 485:3, I |
40 CFR 141.2 40 CFR 141.855(d); 40 CFR 142.16 (q)(2)(ii) |
Env-Dw 709.08 |
RSA 485:3, I |
40 CFR 141.21; 40 CFR 141.853 – 141.861 |
Env-Dw 709.09 |
RSA 485:1, II(e); RSA 485:3,I |
40 CFR 141.2 40 CFR 141.855(d); 40 CFR 142.16 (q)(2)(ii) |
Env-Dw 709.10 – 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; |
|
|
|
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 |
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; |
Env-Dw 720.04 |
RSA 485:1, II(e); RSA 485:4 |
NA |
Env-Dw 720. 05 -
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 485:43 |
40 CFR 141 Subpart Q |
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 & |
40 |
|
|
|
Env-Dw 722 |
RSA 485:3, I, V, & VI; RSA 485:41, II |
40 |
|
|
|
Env-Dw 723 |
RSA 485:3, I, V, & VI; RSA 485:41, II |
40 |
|
|
|
Appendix B - Federal Definitions
40
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
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
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:
“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 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 |