485:3 Drinking Water Rules. –
I. The commissioner shall adopt under RSA 541-A, following public hearing, drinking water rules and primary drinking water standards which are necessary to protect the public health and which shall apply to all public water systems. Such rules shall include:
(a) identification of contaminants which may have an adverse effect on the health of persons;
(b) After consideration of the extent to which the contaminant is found in New Hampshire, the ability to detect the contaminant in public water systems, the ability to remove the contaminant from drinking water, and the costs and benefits to affected parties that will result from establishing the standard, a specification for each contaminant of either:
(1) A maximum contaminant level that is acceptable in water for human consumption; or
(2) One or more treatment techniques or methods which lead to a reduction of the level of such contaminant sufficient to protect the public health, if it is not feasible to ascertain the level of such contaminant in water in the public water system; and
(c) criteria and procedures to assure compliance with the levels or methods determined under subparagraph (b), including quality control monitoring and testing procedures and standards to ensure compliance with such levels or methods; criteria and standards to ensure proper operation and maintenance of the system; requirements as to the minimum quality of water which may be delivered to the consumer; and requirements with respect to siting new facilities. Such rules shall be no less stringent than the most recent national Primary Drinking Water Regulations in effect, as issued or promulgated by the United States Environmental Protection Agency.
II. The commissioner may adopt secondary drinking water rules, which are necessary to protect the public welfare. Such rules may apply to any contaminant in drinking water which may adversely affect the color, odor, taste or appearance of the water and consequently may cause a substantial number of persons to discontinue using a public water system, or which may otherwise adversely affect the public welfare. Such rules may vary according to geographic, economic, technical or other relevant circumstances. Such rules shall reasonably assure the protection of the public welfare and the supply of aesthetically adequate drinking water.
III. The commissioner shall adopt under RSA 541-A all rules necessary to implement the requirements of the following sections of this chapter:
(a) RSA 485:42.
(b) RSA 485:43.
IV. The commissioner may adopt rules specifying criteria and procedures for requiring public water systems to conduct monitoring programs for contaminants which are not identified in the national primary drinking water regulations, but which have been identified by the administrator of the United States Environmental Protection Agency as "unregulated contaminants." Such rules shall require monitoring of drinking water supplied by the system and shall vary the frequency and schedule of monitoring requirements for systems. An unregulated contaminant is one for which no maximum contaminant level or treatment technique has been established under paragraph I or II. In developing such rules, the commissioner shall consider materials submitted by the department of health and human services, pursuant to RSA 125-H:3. Rules adopted under this paragraph shall list unregulated contaminants for which public water systems may be required to monitor. Any list established pursuant to this paragraph shall be consistent with, but not limited by, the list of unregulated contaminants identified in regulations promulgated by the administrator of the United States Environmental Protection Agency.
V. The commissioner may adopt rules specifying the criteria under which filtration, including coagulation and sedimentation, as appropriate, is required as a treatment technique for public water systems supplied by surface water sources. In developing such rules the commissioner shall consider the quality of source waters, protection afforded by watershed management, treatment practices such as disinfection and length of water storage and other factors relevant to protection of health. The commissioner may require any public water supply system to assist in determining the necessity of filtration in that system. The commissioner shall provide an opportunity for notice and public hearing prior to implementation of any filtration requirement. Following such hearing, the commissioner shall prescribe, by rule adopted pursuant to RSA 541-A, a compliance schedule for such filtration requirement.
VI. The commissioner may adopt rules requiring disinfection as a treatment technique for all public water systems.
VII. The commissioner may adopt rules specifying the criteria and procedures to be used to identify and notify persons who may be affected by lead contamination of their drinking water when such contamination results from either the lead content in the construction materials of the public water system or the corrosivity of the water supply, or both. The commissioner may also adopt rules prohibiting the use of lead pipes, solder and flux in the installation or repair of any public water system or any plumbing in a residential or nonresidential facility providing water for human consumption. Such rules shall not prohibit the use of leaded joints necessary for the repair of cast iron pipes.
VIII. The commissioner may adopt rules relative to defining the best available technology, treatment techniques, or other means which are feasible for the purpose of meeting the federal maximum contaminant level. In defining the best available technology, treatment technique or other means, the commissioner may consider the number of persons served by the system, other physical conditions related to engineering feasibility and cost of compliance, and information contained in health risk assessments provided by the department of health and human services pursuant to RSA 125-H:3, II and IV. Such rules shall specify all applicable criteria relative to the commissioner's determination.
IX. The commissioner may adopt rules to implement a wellhead protection program pursuant to RSA 485:48.
X. The commissioner may adopt rules to implement the Underground Injection Control Program of the federal Safe Drinking Water Act, 42 U.S.C. section 300f et seq., as well as rules pertaining to permits for the regulation and remediation of contamination from previous discharges or disposal of waste to the groundwater. The commissioner's rules shall include criteria and procedures to ensure that past and present underground injection will not endanger drinking water sources, and shall provide for consideration of varying geologic, hydrologic, or other conditions in different areas within the state.
XI. The commissioner shall adopt rules, pursuant to RSA 541-A, specifying the water quality standards and other criteria and procedures for obtaining a permit to use a source of water for the manufacture of bottled water.
XII. The commissioner may adopt rules to ensure long-term viability of public drinking water systems as required by section 119 of the federal Safe Drinking Water Act Amendments of 1996, 42 U.S.C. section 300g-9 to qualify for full eligibility for federal and state revolving fund capital grants.
XIII. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to new groundwater withdrawals of 57,600 gallons or more in any 24-hour period by public water systems. Such rules shall include:
(a) Criteria and procedures for requiring public water systems to identify and address impacts of withdrawals on surface waters, subsurface waters, water-related natural resources, and public, private, residential, and farm wells within the anticipated zone of contribution to the withdrawal.
(b) Requirements relative to conservation management plans which demonstrate the need for the proposed withdrawals, to be submitted by the public water system seeking approval for a withdrawal.
(c) Procedures by which the department may deny permission for withdrawals or order the applicant to provide a response policy, as provided by department rules, for provision of alternative water supply at no initial capital cost to persons whose wells are adversely affected by the proposed withdrawal or order reduced withdrawals if hydrogeologic data indicate that water-related resources are being adversely affected by the withdrawals.
XIV. The commissioner may adopt rules to:
(a) Regulate the heat exchange fluids utilized in closed loop geothermal systems. The commissioner's rules shall include criteria and procedures to ensure that these substances when released to the environment will not endanger drinking water sources.
(b) Prohibit the construction of open loop geothermal systems where such process will contaminate freshwater aquifers with brackish or saline groundwater.