CHAPTER Env-Dw 500 OPERATION AND
MAINTENANCE
Statutory Authority: RSA 485:41, VIII
PART Env-Dw 501 PERMIT TO OPERATE
REVISION NOTE:
Document #9411, effective 3-12-09, readopted with amendments
and renumbered former Env-Ws 303.03, entitled Permit
to Operate, under a new subtitle as Part Env-Dw 501,
within a new Chapter Env-Dw 500 entitled Operation
and Maintenance. 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.
Document #9411 replaces all prior filings for rules
formerly in Env-Ws 303.03. The prior filings for rules in former Env-Ws 303.03 include the following documents:
#4875,
INTERIM, eff 7-23-90 (as Env-Ws 302.06)
#4984,
eff 11-20-90 (as Env-Ws 302.06)
#5422,
eff 6-22-92 (as Env-Ws 302.07)
#6521,
eff 6-4-97
#8360,
INTERIM, eff 6-4-05
#8498,
eff 11-30-05
Env-Dw 501.01 Permit to Operate Required;
Current Information Required.
(a) Subject to the exemption from fees for public
water systems owned by a state, county, municipality, town, precinct, or
district established in Laws of 1991, 380:4, the owner of each community water
system (CWS) and of each non-transient non-community water system (NTNC) shall
obtain a permit to operate (PTO) annually for the system from the department,
pursuant to RSA 485:3-a.
(b) The owner of a system required to obtain a
PTO shall update the contact information on file with the department as needed
to ensure that the information is current at all times.
Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss
by #12214, eff 6-20-17
Env-Dw 501.02 Information Recorded for
Permit to Operate.
(a) The department shall record the information described in (b) or (c), below, as
applicable, into its database:
(1) For all existing CWS or NTNC; and
(2) When a PWS ID is assigned by the department
to any new CWS or NTNC.
(b) For an NTNC, the department shall record:
(1) The name and location of the NTNC;
(2) The name, mailing address, and daytime
telephone number of the owner of the NTNC and, if available, an e-mail address;
and
(3) An
estimate of the number of persons served by the system on a repeat basis for at
least 6 months per year.
(c) For a CWS, the department shall record:
(1) The name and location of the CWS;
(2) The
name, mailing address, and daytime telephone number of the owner of the CWS
and, if available, an e-mail address;
(3) An estimate of the number of persons
served by the water system; and
(4) The number of household service
connections in the CWS.
Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss
by #12214, eff 6-20-17
Env-Dw 501.03 PTO Billing and Fee Payment.
(a) Using the information recorded as specified
in Env-Dw 501.02, the department shall complete an
application for a PTO for each CWS and NTNC, including the fee in the amount
specified in Env-Dw 501.05.
(b) The department shall send the completed
application to the e-mail address on record for the system or, if no e-mail
address is available, to the mailing address on record for the system.
(c) Subject to (e), below, the owner of the
system shall return the application with the specified fee on or before June 30
of the year in which the application was sent.
(d)
In addition to returning the application with the specified fee, the
owner of the system shall:
(1) Certify
that all information on the application that pertains to the system is correct;
or
(2) If the
information is not correct, provide corrected information.
(e) If the application is issued after June 1,
the owner shall return the application as specified in (c) and (d), above,
within 30 days of the date of issuance.
(f)
The owner shall remit payment of the invoice to the department at the
following address:
Department of Environmental Services
Drinking Water and Groundwater Bureau
Attn: PTO Program
29 Hazen Drive
P.O. Box 95
Concord, NH 03302-0095
Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss
by #12214, eff 6-20-17
Env-Dw 501.04 Issuance and Display of PTO.
(a) The department shall issue a PTO to a CWS or
NTNC upon receipt of the signed application and fee payment as specified in Env-Dw 501.03.
(b) The PTO shall be valid for the period July 1
through the following June 30.
(c)
The owner shall display the PTO on the premises of the system in a
clearly visible location.
Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss
by #12214, eff 6-20-17
Env-Dw 501.05 PTO Fees.
(a) As specified in RSA 485:41, VIII, the PTO fee
for an NTNC shall be $150 per year.
(b) As specified in RSA 485:41, VIII, the PTO fee
for a CWS shall be the smaller of $300 or $10 per household or household
equivalent, as defined in RSA 485:1-a.
(c) If a system changes ownership and the PTO fee
for the current year has not been paid, the new owner shall pay the
entire PTO fee for the current year, however nothing herein shall be construed to
prevent the new owner from seeking reimbursement of the fee, on a prorated
basis or otherwise, from the previous owner.
(d) For any CWS or NTNC placed in operation on or
after October 1, no PTO shall be required until the following permit period.
(e) For purposes of calculating the fee, 2 or more
systems on the same property owned by the same person shall be deemed to be a single
water system.
(f) If paid by check or money order, the PTO fee
shall be paid separately from other fees which are owed to the department.
Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss
by #12214, eff 6-20-17
PART Env-Dw 502 CERTIFICATION OF
WATER WORKS OPERATORS
Statutory Authority:
RSA 332-E:3
Revision Note:
Document #9410, effective 3-12-09, readopted with amendments
and renumbered former Part Env-Ws 367, entitled
Certification of Water Works Operators, under a new subtitle as Part Env-Dw 502. 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.
Numbers of former rules under subtitle Env-Ws
are cited in the source notes.
Document #9410 replaces all prior filings for rules
formerly in Env-Ws 367. The prior filings for rules in former Env-Ws 367 include the following documents:
#4850,
eff 6-25-90
#5422,
eff 6-22-92
#5873,
eff 7-26-94
#6521,
eff 6-4-97
#7396,
eff 11-1-00
#9297,
INTERIM, eff 11-1-08
Env-Dw 502.01 Purpose. The purpose of these rules is to implement
RSA 332-E relative to the certification of operators of public water system
treatment plants and distribution systems, in order to:
(a) Assure that operators of water treatment
plants and distribution systems are qualified to properly operate and maintain
such facilities; and
(b) Protect public health.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.01); ss by #12363, eff
8-19-17
Env-Dw 502.02 Applicability. These rules shall apply to:
(a) Operators of any:
(1) Community
water system (CWS);
(2)
Non-transient, non-community water system (NTNC); or
(3) Privately owned
redistribution system (PORS); and
(b) Any individual who wishes to operate a CWS,
NTNC, or PORS.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.02); ss by #12363, eff
8-19-17
Env-Dw 502.03 Definitions.
(a) “Active certificate” means a certificate
issued by the department that has not expired and has not been suspended,
revoked, or refused renewal by the department.
(b) “Certificate” means “certificate” as defined
in RSA 332-E:1, II, as reprinted in Appendix B.
(c) “Clarification” means a process for the
hydraulic removal of particles from water.
(d) “Continuing Education Unit (CEU)” means a
unit of credit granted by an organization that has been approved by the
International Association for Continuing Education and Training (IACET) as an
authorized provider based on 10 hours of instruction time.
(e) “Department” means “department” as defined in
RSA 332-E:1, III, as reprinted in Appendix B.
(f) “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, as regulated under Env-Dw 716.
(g) “Operator experience” means the time an
operator has been actively engaged in the satisfactory performance of his or
her duties at a CWS or NTNC.
(h) “Operator-in-training (OIT)” means an
applicant who has satisfactorily met the education and examination requirements
for the grade for which the applicant has applied but who has not had
sufficient experience to meet the full requirements for that grade.
(i) “Primary water
system operator” means an individual certified at a treatment or distribution
grade equal to or greater than the classification of the water system, who has
been designated by the owner of the water system as responsible for the
operation of the water system as required by Env-Dw
502.24(a)(2).
(j) “Privately owned redistribution system
(PORS)” means “privately owned redistribution system” as defined in RSA
485:1-a, XIV-a, as reprinted in Appendix B.
(k) “Responsible charge experience” means the
time an operator is actively engaged in supervising the operation of a water
treatment plant or water distribution system.
(l) “Sedimentation” means a process in which
solid particles settle out of water in a clarifier or sedimentation basin.
(m) “Source” means the source of water for a CWS or
NTNC, including wells, springs, and surface waters such as lakes and streams.
(n) “Technical contact hour (TCH)” means 60
minutes of training in the technical aspects of operating, designing, or
maintaining a water treatment plant or water distribution system or in the
development of professional skills necessary to managing a water treatment
plant or water distribution system, or any combination thereof.
(o) “Water distribution system” means “water
distribution system” as defined in RSA 332-E:1, V, as
reprinted in Appendix B. The term
includes “distribution system”.
(p) “Water treatment plant” means “water
treatment plant” as defined in RSA 332-E:1, VI, as
reprinted in Appendix B. The term
includes “treatment plant”.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.03); amd by #9910, eff
4-19-11; ss by #12363, eff 8-19-17
Env-Dw 502.04 Application for Operator
Certification.
(a) As specified in RSA 332-E:4, I, an applicant
for operator certification shall file an application with the department not
later than one month preceding the date of the examination on an application
form provided by the department.
(b) A complete application shall:
(1) Include a completed “Application for Water
Works Operator Certification” form, dated July 2017, as specified in Env-Dw 502.05 and available at http://des.nh.gov/organization/divisions/water/dwgb/op_cert/index.htm;
(2) Be
accompanied by:
a.
The fee specified in RSA
332-E:4, III; and
b. All
attachments to the application form, including documentation demonstrating that
the applicant meets the minimum education and experience requirements specified
in Env-Dw 502.20; and
(3) Be signed
as specified in Env-Dw 502.06.
(c) The department shall process the application
as specified in RSA 332-E:4, II.
(d) The application fee shall not be returned
regardless of whether the applicant qualifies to take the examination or passes
the examination.
(e) As stated in RSA 332-E:3,
I, no water treatment plant or water distribution system shall be operated
unless the primary operator holds an active certificate issued by the
department.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.04); ss by #12363, eff
8-19-17
Env-Dw 502.05 Required Application
Information. An applicant shall
provide the following information on or with the application form identified in
Env-Dw 502.04(b)(1):
(a) The name, mailing address, date of birth, telephone
number including area code, and e-mail address of the applicant;
(b) If the applicant is currently employed by a
water system or other water company, the employer’s name, mailing address,
telephone number including area code, e-mail address, and PWS identifier, if
applicable;
(c) The type and grade of certification being
applied for, as follows:
(1) Whether the
application is for a new certification, an upgrade to an existing
certification, the reactivation of an inactive certification, a re-test, or
reciprocity and, if the application is based on reciprocity, the state and
certification number; and
(2) Whether the
application is for a grade IA combined distribution and treatment certification
or a grade I, grade II, grade III, or grade IV treatment certification,
distribution certification, or both certifications;
(d) Information about all other professional or
occupational certifications, licenses, permits, or other required
authorizations and for each, the unique identification number, state of
issuance, and current status, and whether the applicant has ever been refused a
professional or occupational license or had one suspended or revoked, and if so
an explanation;
(e) Information about the applicant’s education,
including:
(1) The name
and location of the high school the applicant attended, the number of years
attended, and the year the applicant graduated or otherwise obtained a high
school equivalency (HSE) certificate;
(2) The name
and location of each college the applicant attended, the number of years
attended, the year a degree was awarded, and the type of degree awarded and the
major; and
(3) Copies of
all college transcripts;
(f) Information about the applicant’s training,
including the following for each course, seminar, or other program:
(1) The title
of the program;
(2) The name of
the program’s provider;
(3) A brief
description of the material covered in the program;
(4) The amount
of active instruction time;
(5) The date the
applicant completed the course; and
(6) A copy of
the certificate of completion, transcript, or other documentation that the
applicant completed the program;
(g) Information about the applicant’s work
experience, including the following for each position beginning with the
current or most recent:
(1) Employer
name, location address, telephone number including area code, and email
address;
(2) The name
and title of the applicant’s supervisor;
(3) The dates
of employment and the number of hours worked per week; and
(4) The
applicant’s job title and an explanation of the applicant’s duties;
(h) For applicants other than for grade I-A,
verification of work experience in the form of a statement signed by a responsible
official of the applicant’s employer that:
(1) The
information provided by the applicant on the application form is true and
complete to the best of the official’s knowledge and belief; or
(2) If the information
is not true and complete or if the applicant is no longer employed by that
employer, a separate statement, signed as specified in Env-Dw
502.06(c), that provides the applicant’s dates of employment, the number of
hours worked per week, the applicant’s job title, and an explanation of the
applicant’s duties;
(i) Whether the
applicant is seeking to substitute for education or experience as allowed by Env-Dw 502.22, and if so, an explanation of the
substitution; and
(j) Any additional information or comments that
are relevant to the application that the applicant wishes to provide.
Source. #12363, eff 8-19-17
Env-Dw 502.06 Signatures and
Certifications Required.
(a)
The applicant shall sign and date the application.
(b)
If verification of employment is made on the application form, a
responsible official shall sign and date the form where indicated and print his
or her name and title and the name of the employer.
(c)
If verification of employment is made separately pursuant to Env-Dw 502.05(h)(2), a responsible official shall sign and
date the statement and print or type his or her name and title and the name of
the employer.
(d)
The applicant’s signature shall constitute certification by the
applicant that:
(1) The information contained in or otherwise
submitted with the document is true, complete, and not misleading to the best
of the applicant’s knowledge and belief; and
(2) The applicant understands that:
a. The submission of
false, incomplete, or misleading information constitutes grounds for the
department to:
1. Deny the application;
2. Revoke any certification
that is granted based on the information; and
3. If the
applicant is a professional engineer, refer the matter to the board of
professional engineers established by RSA 310-A:3; and
b. The applicant is
subject to the penalties specified in New Hampshire law for falsification in
official matters, currently RSA 641.
(e)
Each signature provided pursuant to (b) or (c), above, shall constitute
certification by the signer that the information provided by or being certified
by the signer is true, complete, and not misleading to the best of the signer’s
knowledge and belief.
Source. #12363, eff 8-19-17
Env-Dw 502.07 Examinations.
(a) The department shall administer written
examinations to determine the knowledge, ability, and judgment of each applicant
for operator certification as specified by RSA 332-E:5.
(b) If an applicant has successfully passed, in
another jurisdiction, the examination that is administered by the department, the
department shall accept the results of that examination in lieu of requiring
the applicant to take the examination again in New Hampshire.
(c) No applicant shall be certified who does not
successfully pass the examination, except that certificates of proper
classification shall be issued without examination as
specified in RSA 332-E:6, VI and RSA 332-E:7.
(d) An applicant who does not pass and who wishes
to retake the examination shall submit a new application as specified in Env-Dw 502.04, including the fee as required by RSA
332-E:5, IV.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.05); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.05)
Env-Dw 502.08 Issuance of Certificates;
Operator Obligation to Maintain Address.
(a) As specified in RSA 332-E:6,
I, upon satisfactory fulfillment by an applicant of the requirements specified
in RSA 332-E and Env-Dw 502, the department shall
issue a certificate to the applicant that identifies the class of treatment
plant or distribution system and level of operation for which the operator is
qualified.
(b) An original certificate shall be valid through
December 31 of the next odd-numbered year.
(c) As required by RSA 332-E:6,
I, the certificate shall be prominently displayed in the office of the public
water supply system. For purposes of
this requirement, “prominently displayed” means readily visible to anyone
entering the office, including anyone from the public.
(d) As specified in RSA 332-E:4,
V, and subject to RSA 332-E:6, IV, a renewal certificate shall be effective for
2 years beginning January 1.
(e) Any operator holding an active certificate
shall maintain a current mailing address with the department.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.06); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.06)
Env-Dw 502.09 Renewal of Certificates.
(a) As specified in RSA 332-E:6,
II and III, certificates shall be renewable every 2 years unless:
(1) Revoked for
cause pursuant to Env-Dw 502.11;
(2) Replaced by
one of a higher grade; or
(3) Invalidated
pursuant to RSA 332-E:6, IV.
(b) An operator who wishes to renew his or her
certification shall submit to the department:
(1) The fee
specified in (c), below; and
(2) Documents
verifying completion of the courses required by Env-Dw
502.10.
(c) The renewal fee shall be $50 if the payment
is made before expiration of the certification or within 30 days after
expiration. As specified in RSA 332-E:4,
VI, if the renewal fee is received more than 30 days after the certificate’s
expiration date, the department shall charge a late fee of 50 percent of the
renewal fee in addition to the renewal fee.
(d) As specified in RSA 332-E:4,
V, if the renewal fee is not submitted within 90 days after the certificate’s expiration
date, the certificate shall be deemed expired.
(e) When a certificate is deemed expired per (d),
above, the department shall issue notice to the certificate holder, sent to the
mailing address last provided to the department, to notify him or her that the
certificate is expired.
(f) The department shall issue a renewal
certificate if it determines that the operator has applied for renewal as
required by (b), above, and:
(1) No
ground(s) for refusing to renew the certification, as specified in Env-Dw 502.09, are known to the department to exist for
that operator; or
(2) Ground(s)
for refusing to renew the certification exist, but reasonable conditions can be
imposed to protect public health and safety and allow the operator to continue
to work.
(g) If the department renews a certificate under
(f)(2), above, it shall include conditions, such as
additional training, increased supervision, or increased reporting, as are
necessary to protect public health and safety.
(h) If the operator fails to apply for renewal
within 3 months of the certificate expiration date, the operator shall apply
for certification as specified in Env-Dw 502.04 and Env-Dw 502.05.
(i) As specified in
RSA 332-E:6, V, the certificate of an operator who terminates employment in the
water treatment or distribution field in New Hampshire shall be valid for 2
years after such termination and, unless renewed in accordance with these
rules, shall automatically revert to an inactive status. Operators whose certificates are thus
inactivated shall be issued new certificates of like classification on
presentation of proof of competency to the department as specified in (j),
below, and payment of the initial $50 fee.
(j) Proof of competency shall be as follows:
(1)
Documentation that the applicant was certified at the comparable
classification in another jurisdiction, together with documentation that the
applicant has completed the number of contact hours that would be required for
renewal as specified in Env-Dw 502.10;
(2)
Documentation that the applicant has been engaged in public water system
management, operation, design, or maintenance activities at a level that
demonstrates competence at the classification level sought by the applicant; or
(3) If the applicant cannot meet (1) or (2), above,
successful completion of a written examination.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.07); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.07)
Env-Dw 502.10 Technical Contact Hours
Required for Certification Renewal.
(a) An operator applying for renewal shall
complete the number of technical contact hours (TCHs) specified in Table 502-1,
below, for each 2-year period:
Table 502-1: TCHs
Required Per 2-Year Period
Grade |
Treatment |
Distribution |
I-A |
5 |
5 |
I |
20 |
20 |
II |
20 |
20 |
III |
20 |
20 |
IV |
20 |
20 |
(b) The number of required TCHs shall not be additive
when an operator is certified in both treatment and distribution. For example, a grade I operator certified for
both treatment and distribution shall require only 20 TCHs for the 2-year
interval.
(c) A course shall consist of one or more classes
that each have a minimum class length of 60 minutes not including breaks,
equivalent to one TCH. Longer classes
may be offered, with credit issued in increments of 0.5 hour for each
additional 30 minutes.
(d) The following courses shall be credited as
follows:
(1) One college
credit in chemistry, mathematics, biology, engineering, or environmental
science granted by an accredited college or university shall be equal to 15
TCHs;
(2) One
continuing education unit (CEU) shall be credited as 10 TCHs;
(3) An
introductory or advanced course on drinking water treatment and distribution
offered by the department shall be credited as one TCH for each 60 minutes of
instruction attended;
(4) A course
approved pursuant to Env-Dw 502.26 shall be credited
as one TCH for each 60 minutes of instruction attended; and
(5) The grade
I-A course entitled “Small System Operation”, consisting of approximately 10
hours of instruction offered by the department, shall be equal to the number of
hours attended, with a maximum total credit being 10 TCHs per 2-year period.
(e) An operator may apply to the department for
credit for other waterworks seminars and education courses by submitting the following
to the department in writing:
(1) A
description of the course, including the material covered and the total amount
of instruction time;
(2) Information
about the institution offering the course to demonstrate that it meets the
criteria in (g), below; and
(3) The
credentials of each instructor.
(f) An operator may apply for credit for
completing self-study educational packets by submitting the following to the
department in writing:
(1) The actual
text(s) used or a summary of the material covered;
(2) Information
about the institution offering the course to demonstrate that it meets the
criteria in (g), below; and
(3) The
credentials of each individual providing critique of student work.
(g) The department shall give credit under (e) or
(f), above, if the department determines that the course was completed and
understood by the operator, and the course:
(1) Was offered
by:
a.
An organization that has
been approved by the IACET as an authorized provider; or
b.
An accredited college or
university; or
(2) Meets the
criteria specified in Env-Dw 502.29.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss
by #9910, eff 4-19-11; ss by #12363, eff 8-19-17
(formerly Env-Dw 502.08)
Env-Dw 502.11 Suspension, Revocation, or
Refusal to Renew an Active Certificate.
(a) If the department receives information that provides
a credible basis for concluding that good cause, as described in (f), below,
exists to suspend or revoke an active certificate, the department shall proceed
in accordance with RSA 332-E:9 and the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings.
(b) After proceeding in accordance with (a),
above, the department shall:
(1) Revoke the
certificate if it determines that the reason that good cause exists cannot be
corrected to conform to applicable requirements and that revoking the
certificate will provide greater protection to public health and safety than
renewing the certificate; or
(2) Suspend the
certificate, if it determines that the reason that good cause exists can be
corrected to conform to applicable requirements.
(c) If a certificate is suspended pursuant to (b)(2), above, the department
shall not reinstate the certificate until:
(1) The reason
that good cause exists has been corrected to conform with applicable
requirements; and
(2) The
operator submits a written request to the department for the certificate to be
reinstated, which explains all of the actions taken to address the basis for
the suspension.
(d) If after receiving a request for
reinstatement of a certificate pursuant to (c)(2), above, the department receives information that provides a credible
basis for concluding that good cause, as described in (f), below, exists to
refuse to renew the certificate, the department
shall proceed in accordance with (a), above.
(e) After proceeding in accordance with (a),
above, based on (d), above, the department shall:
(1) Refuse to
reinstate the certificate, if it determines that good cause exists that cannot
be corrected to comply to applicable requirements and that not reinstating the certificate
will provide greater protection to public health and safety than reinstating
the certificate; or
(2) Reinstate
the certificate, if it determines that under the totality of the circumstances,
not reinstating the certificate will result in greater harm to public health
and safety than reinstating the certificate.
(f) Good cause to suspend, revoke, or refuse to
renew a certificate shall include the following:
(1) Failing to
use care, judgment, and knowledge in the performance of the operator’s duties;
(2) Knowingly
operating a water treatment plant or distribution system contrary to applicable
requirements;
(3) Obtaining a
certificate through fraud, deceit, or falsification;
(4) Submitting
false or misleading information regarding any application for certification or
renewal;
(5) Submitting
false or misleading operational documentation relating to the performance and
monitoring requirements of a public water system;
(6) Failing to
submit required operational documentation to applicable regulatory agencies;
(7) Having a
professional or occupational certification or license in any field from another
certifying or licensing authority suspended, revoked, or refused renewal or
reinstatement; and
(8) Failing to
perform the operational duties specified in Env-Dw
502.25.
(g) Administrative appeals made by an applicant
in response to decisions of the department in this section shall be heard by
the water council under RSA 21-O:14.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.08); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.09)
Env-Dw 502.12 Complexity of Water
Treatment Processes. Treatment
complexity shall be determined by a point system, wherein the points are
assigned based on factors such as system size, source of water, raw water
quality and average variation, chemical treatment processes, disinfection, pH
adjustments, corrosion control, clarification, filtration, and other processes
as listed in Table 502-2, below:
Table 502-2: Assignment
of Points for Treatment Processes
FACTOR |
POINTS |
A. System
Size |
|
1. Design flow
average day, or peak month’s average day, whichever is larger |
1 per 0.5 million gallons per day (MGD), to a
maximum of 20 |
B. Water
Supply Source |
|
1.
Seawater/Saltwater |
0 |
2.
Groundwater |
0 |
3. Groundwater
under the direct influence of surface water (GWI) |
8 |
4. Surface
water |
10 |
C. Average
Raw Water Quality Variation |
|
1. Little or
no variation - no treatment provided except disinfection |
0 |
2. Minor variation
- e.g. high quality surface source appropriate for slow sand filtration |
1 |
3. Moderate
variation in chemical feed, dosage changes made monthly |
2 |
4. Moderate
variation in chemical feed, dosage changes made weekly |
3 |
5. Moderate
variation in chemical feed, dosage changes made daily |
4 |
6. Variation
significant enough to require pronounced or very frequent changes, or both |
5 |
7. Severe
variation - source subject to non-point discharges, agricultural or urban
storm runoff, or flooding, or any combination thereof |
7 |
8. Raw water
is subject to agricultural or municipal waste point source discharges, or
both |
8 |
9. Raw water
is subject to industrial waste pollution |
10 |
D. Raw Water
Quality |
|
1. Taste or odor, or both, for which treatment process
adjustments are routinely made |
2 |
2. Color >15 color units (CU) not due to
precipitated metals |
3 |
3. Manganese less than maximum contaminant level
(MCL) with iron greater than MCL |
2 |
4. Manganese
greater than MCL, regardless of iron content |
3 |
5. Algal
growths for which treatment process adjustments are routinely made |
3 |
E. Chemical
Treatment or Addition Processes |
|
1.
Fluoridation |
4 |
F.
Disinfection/Oxidation |
|
1. Hypochlorites not generated on-site |
5 |
2. Hypochlorites generated on-site |
6 |
3. Chlorine
gas |
8 |
4. Chloramination |
8 |
5. Chlorine
dioxide |
10 |
6. Ozonization |
10 |
7. UV
Irradiation |
2 |
8. Iodine,
Peroxide, or similar |
5 |
9. Potassium
permanganate |
|
a. Used without greensand filtration |
4 |
b. Used with greensand filtration |
0 |
G. pH
Adjustment for Process Control to Aid Coagulation |
4 |
H. Stability
or Corrosion Control |
|
1. Same
chemical(s) not used for pH adjustment |
4 |
2. Same
chemical(s) used for pH adjustment |
0 |
I.
Coagulation/Flocculation & Filter Aid |
|
1. Primary coagulant
addition |
6 |
2. Coagulant
aid or flocculant chemical addition to primary
coagulant use |
2 |
3.
Flocculation |
2 |
4. Filter
aid: addition of non-ionic or anionic polymers |
2 |
J.
Clarification/Sedimentation |
|
1. Sedimentation
with plain, tube, or plate |
4 |
2. Contact
adsorption |
6 |
3. Other
clarification processes such as air flotation or ballasted clarification |
6 |
4. Upflow clarification |
8 |
K. Filtration |
|
1. Granular media
filtration for surface water or groundwater under the direct influence of
surface water ≤ 3 gpm/sq
ft |
10 |
2. Granular
media filtration for surface water or groundwater under the direct influence
of surface water > 3 gpm/sq
ft |
20 |
3.
Groundwater filtration |
6 |
4. Membrane
filtration |
|
a. For compliance with a primary regulation |
10 |
b. For compliance with a secondary regulation |
6 |
5. Diatomaceous earth as pre-coat filtration |
10 |
6. Cartridge
or bag |
5 |
7. Pre-filtration
staged cartridges or pressure sand without coagulation |
1 per stage to a maximum of 3 |
8. Slow sand |
5 |
L. Other
Treatment Processes |
|
1. Aeration |
3 |
2. Air
stripping, including diffused air, packed tower aeration |
5 |
3. Ion-exchange/softening |
5 |
4. Greensand
filtration |
10 |
5. Lime-soda
ash softening which includes chemical addition, mixing, flocculation,
clarification or filtration, provided that points shall not be added for
these processes separately |
20 |
6. Granular activated
carbon filter, provided that points shall not be added when included as a bed
layer in another filter |
5 |
7. Powdered
activated carbon |
2 |
8. Blending
sources with significantly different water quality |
|
a. To achieve MCL compliance |
4 |
b. For aesthetic reasons |
2 |
9. Reservoir
management employing chemical addition |
2 |
10. Electrodialysis |
15 |
11. Other -
as determined pursuant to Env-Dw 502.13 |
maximum of 20 |
M. Residuals
Disposal |
|
1. Discharge
to sewer or equivalent |
0 |
2. On-site disposal,
land application |
1 |
3. Discharge
to lagoon/drying bed, with no recovery/recycling |
1 |
4. Backwash
recovery or recycling to discharge to basin or lagoon and then to source |
2 |
5. Backwash recovery
or recycling to discharge to basin or lagoon and then to plant intake |
3 |
N. Facility
Characteristics |
|
1.
Instrumentation - use of Supervisory Control and Data Acquisition
(SCADA) or similar instrumentation to obtain data |
|
a. Monitoring or alarm only with no process
operation if the plan has no automated shutdown capability |
0 |
b. Limited process operation with remote
shutdown capability |
1 |
c. Moderate process operation with alarms and
shutdown and plus partial remote operation of plant |
2 |
d. Extensive or total process operation with
alarms and shutdown and full remote operation of plant possible |
4 |
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.10)
Env-Dw 502.13 Unspecified Treatment
Processes.
(a) Any person wishing to add points to a
treatment system for a process not specified in Table 502-2 shall provide the
following information to the department in writing:
(1) The name,
mailing address, and daytime telephone number of the person making the request
and, if available, the person’s e-mail address;
(2) If the
requestor is other than an individual, the name and daytime telephone number of
an individual representing the requestor for purposes of the request and, if
available, the individual’s e-mail address;
(3) The name
and physical address of the plant at which the treatment process for which
points are sought is being used or is proposed to be used;
(4) An
explanation of the treatment process in sufficient detail to allow the
department to make an independent assessment of the complexity of the process;
and
(5) The number
of points sought for the treatment process.
(b) The department shall assign points to
treatment processes not specified in Table 502-2 in response to a request
submitted pursuant to (a), above, if the department determines that the
treatment process being reviewed is not otherwise accounted for in Table 502-2
and:
(1) Improves the quality of the water being distributed;
(2) Lowers the
cost of providing water that meets all applicable water quality standards; or
(3) Both (1)
and (2), above, apply.
(c) The department shall assign a maximum of 20
points to the treatment process in direct proportion to the complexity of the
treatment process and degree of skill required for its successful operation.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.11)
Env-Dw 502.14 Classification of Water
Treatment Systems.
(a) Treatment systems shall be classified into 5
grades based on the complexity of the treatment processes at the system, ranging
from grade I-A, the least complex, to grade IV, the most complex.
(b) Treatment system grade shall be determined by
summing the points of the treatment processes as assigned under Env-Dw 502.12 and then using Table 502-3, below:
Table 502-3: Grades
of Water Treatment Plant Complexity
Grade |
Point
Total |
Other
Limitations |
I-A |
< 16 |
CWS serving <500 people or having < 200
service connections, without fire protection |
I-A |
< 16 |
NTNC without fire protection |
I |
0-30 |
Excluding I-A systems |
II |
31-55 |
None |
III |
56-75 |
None |
IV |
≥76 |
None |
(c) For purposes of certification, a groundwater
source with no treatment whatsoever shall be considered to be a distribution
system and not a treatment plant.
(d) For any water system having multiple
treatment facilities in different locations, each location or facility shall be
graded independently and the highest grade shall be the classification for the
overall system.
(e) Each treatment process shall have points
assigned only once. If a process could
be classified under more than one factor and the factors have different points,
the higher point value shall be used.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.09); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.12)
Env-Dw 502.15 Adjustments to Treatment
Plant Classification.
(a) If the department concludes that the
classification resulting from Env-Dw 502.14 does not
accurately reflect the complexity of plant
operations and the degree of skill required for its successful operation, the
department shall adjust the classification as follows:
(1) If the
plant is more complex or if a higher degree of skill is required for successful
operation, the department shall increase the plant classification by one grade,
subject to the limitation that grade IV is the highest grade; and
(2) If the
plant is less complex or if a lower degree of skill is required for successful
operation, the department shall decrease the plant classification by one grade,
subject to the limitation that grade I-A is the lowest grade.
(b) The determination to raise or lower the
classification of a plant shall be based on inconsistency with other similar
plants and public health and safety concerns.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.13)
Env-Dw 502.16 Classification of Water Distribution
Systems. The department shall
classify water distribution systems into one of 5 grades based on the
population served, as specified in Table 502-4, below:
Table 502-4: Grades
of Water Distribution System Complexity
Grade |
Population
Served (# people unless otherwise noted) |
Other
Limitations |
I-A |
< 500 or < 200 service connections |
CWS without fire protection |
I-A |
Any number |
NTNC without fire protection |
I |
≤ 1,500 |
Excluding I-A systems |
II |
1,501 – 15,000 |
None |
III |
15,001 - 50,000 |
None |
IV |
≥ 50,001 |
None |
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.10); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.14)
Env-Dw 502.17 Adjustments to Distribution
System Classification.
(a) If the department concludes that the
classification resulting from Env-Dw 502.16 does not
accurately reflect the complexity of the
distribution system and the degree of skill required for its successful
operation, the department shall adjust the classification as follows:
(1) If the
system is more complex or if a higher degree of skill is required for
successful operation, the department shall increase the system classification
by one grade, subject to the limitation that grade IV is the highest grade; and
(2) If the
system is less complex or if a lower degree of skill is required for successful
operation, the department shall decrease the system classification by one
grade, subject to the limitation that grade I-A is the lowest grade.
(b) The determination to raise or lower the
classification of a distribution system shall be based on inconsistency with
other similar distribution systems and public health and safety concerns.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.15)
Env-Dw 502.18 Grades of Operators.
(a) Operators shall be classified into 5 grades to
parallel the classification of treatment and distribution systems described in Env-Dw 502.14 and Env-Dw
502.16.
(b) An operator may operate a treatment plant or
distribution system of the same grade or lower than the operator’s certified
grade.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.11); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.16)
Env-Dw 502.19 Operator Qualifications. To qualify to take the examination to become
certified, the applicant shall:
(a) Be capable of satisfactorily performing his
or her intended duties relative to the size and complexity of a water treatment
plant or distribution system typical of those of the grade for which the
applicant is applying;
(b) Be able to read and write in the English
language; and
(c) Submit evidence of the minimum number of
years of education and experience for the desired operator grade, as specified
in Env-Dw 502.20 and Env-Dw
502.21.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.12); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.17)
Env-Dw 502.20 Minimum Education and
Experience Requirements for Operators.
(a) Subject to (b), below, and the substitutions
allowed under Env-Dw 502.22, an individual seeking to
become certified at a particular grade level shall have not less than the
minimum education and operating experience specified in table 502-5, below, for
that grade level:
Table 502-5: Minimum
Education and Experience Requirements Per Grade Level
Grade |
Minimum
Education |
Minimum
Operator Experience |
I-A |
High school diploma or high
school equivalency certificate (HSE certificate) |
6 months of operator
experience or completion of the “Small System Operation” course
as specified in Env‑Dw 502.10(d)(5) |
I |
High school diploma or HSE
certificate |
one year |
II |
High school diploma or HSE certificate
|
3 years |
III |
High
school diploma or HSE certificate and 2 years of post‑secondary
education as specified in Env-Dw 502.21 |
4 years |
IV |
High
school diploma or HSE certificate and 4 years of post‑secondary
education as specified in Env-Dw 502.21 |
6 years |
(b) At least 50 percent of experience
requirements shall be actual operating experience in a plant or system
classified at no more than one grade below the grade for which the applicant is
applying.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.18)
Env-Dw 502.21 Post-Secondary Education.
(a) Subject to (c) and (d), below, post-secondary
education shall:
(1) Be obtained
at any public or private school that is accredited by the state in which the
school is located to offer education beyond the high school level, including
but not limited to an accredited college, university, community college, or
technical institute; and
(2) Have a
concentration in environmental engineering, civil engineering, environmental
sciences or related fields.
(b) For post-secondary education, 30 semester
hours shall be equivalent to 45 quarter hours which shall be equivalent to one
year.
(c) Continuing education units (CEUs), including
but not limited to specialized operator training courses, seminars, and related
college courses, may be used to satisfy post-secondary education requirements.
(d) For CEUs identified in (c), above:
(1) 10
classroom hours of courses as specified in Env-Dw
502.10(c), (d), or (e) shall be equivalent to one CEU; and
(2) 45 CEUs
shall be equivalent to one year of post-secondary education.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.19)
Env-Dw 502.22 Allowable Substitutions for
Education and Experience.
(a) An applicant may request the department to:
(1) Accept
experience that exceeds the minimum required as a substitution for required
education as described in (d) through (f), below; or
(2) Accept
education that exceeds the minimum required as a substitution for required experience
as described in (g), below.
(b) The applicant shall request the substitution
by checking the appropriate box on the application form required by Env-Dw 502.04 and providing an explanation of the desired
substitution with supporting documentation.
(c) The supporting documentation required by (b),
above, shall be:
(1) For
education, transcripts from post-secondary institutions or certification from
the provider of satisfactory course completion for all other education and
training; and
(2) For
experience, certification from the employer of the dates of the applicant was
employed, the number of hours the applicant worked per week, and the duties
performed by the applicant.
(d) The department shall approve a request to
substitute experience for required education for an applicant for a Grade I-A operator certification if:
(1) The
applicant scores 80% or higher on the examination; and
(2) The
applicant’s intended employer agrees to the substitution based on the duties of
the position being compatible with the applicant’s demonstrated level of
training, knowledge, and experience.
(e) Subject to (f), below, the department shall
approve a request by an applicant for grade III or grade IV certification to substitute
1.5 years of responsible charge experience at the operator level for one year
of post-secondary education to a maximum of one year credit for grade III and 2
years credit for grade IV.
(f) The department shall approve an additional 5
years of responsible charge experience as a substitution for the remaining
post-secondary education requirement for grade III and grade IV, provided:
(1) The
experience is at a treatment plant or distribution system classified at the
level of certification applied for; and
(2) The
applicant’s supervisor certifies the experience as noted in (c)(2), above.
(g) The department shall approve a substitution
of one year of post-secondary education for one year of operator experience,
not to exceed 50 percent of the experience requirement.
(h) Education, training, or experience used in
substitution shall not be used to meet any other education or experience
requirements.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.19)
Env-Dw 502.23 Operator-in-Training (OIT).
(a) An applicant may become an
operator-in-training (OIT) at a grade I, grade II, or grade III certification
level without having the experience required by Env-Dw
502.20 only in accordance with this section.
(b) The department shall allow an applicant for
grade I OIT status to take the grade I examination without proof of prior
experience.
(c) The department shall allow an applicant for
grade II OIT status or grade III OIT status to take the corresponding
examination if the applicant submits to the department evidence of education or
experience in technical fields other than water treatment or distribution, as
follows:
(1) For grade
II OIT, one year of experience shall be required; and
(2) For grade
III OIT, 2 years of experience shall be required.
(d) The department shall designate the applicant
as an OIT upon the applicant’s passing the examination.
(e) Upon the applicant’s submitting evidence that
the applicant has completed the experience as specified in Env-Dw
502.20, the department shall:
(1) Terminate
the applicant’s designation as an OIT; and
(2) Issue a
certificate in accordance with Env-Dw 502.08(a).
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.13); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.20)
Env-Dw 502.24 Responsibilities of Water
System Owners.
(a) The owner of a CWS or NTNC shall:
(1) Comply with
RSA 485 and the rules in subtitle Env-Dw;
(2) Designate a
certified operator with an active certificate as the primary water system operator,
to be responsible for the duties specified in Env-Dw
502.25 except as provided in (b), below;
(3) Have a certified operator with an active certificate
available whenever the system is in operation;
(4) Ensure that
any operating personnel making process control decisions about water quality or
quantity is a certified operator with an active certificate;
(5) Notify the department in writing within 10 days of a change
in the designated primary operator;
(6) Ensure that
any persons performing maintenance or construction work on the water system or
system components have the applicable licenses or certifications; and
(7) Comply with
the wellhead protection program required by Env-Dw
305 and other source water protection requirements as applicable.
(b) The owner of a Grade I-A water system shall
not be required to delegate the operational duties specified in Env-Dw 502.25(a)(8) to the
system’s certified operator.
(c) The water system owner shall make the
designation required by (a)(2), above, in writing and
submit a copy to the department.
(d) The owner of a privately owned redistribution
system shall comply with the requirements of (a)(2)-(6)
and (c), above.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.14); amd by #9659, eff
2-24-10; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.21)
Env-Dw 502.25 Operational Duties of a
Primary Water System Operator.
(a) The primary water system operator designated
pursuant to Env-Dw 502.24(a)(2)
shall:
(1) Conduct
routine inspections of the water system in accordance with Env-Dw
503.15 and Env-Dw 503.16;
(2) Oversee
operation and maintenance of the water system to maintain the safety and
reliability of water service by ensuring that repairs and improvements are
performed properly and in a timely manner, or, in the alternative, notifying
the owner in writing of the need for such repairs and improvements;
(3) Be knowledgeable
in all operational aspects of the water system;
(4) Have
supervisory authority, including supervision of operating personnel, where
applicable;
(5) Oversee all chemical monitoring, bacterial monitoring, and
other monitoring required by Env-Dw 700;
(6) Attend any sanitary surveys conducted by state personnel;
(7) Conduct all
reporting necessary in order for the water system to comply with the applicable
requirements of Env-Dw 304 and Env-Dw
700;
(8) Keep
complete and accurate water system records as required by Env-Dw
718;
(9) Be
available to water system representatives and to the department during normal
business hours;
(10)
Investigate any suspected water system impairment described in Env-Dw 503.02(a); and
(11) Notify the
department of any known water system impairment as specified in Env-Dw 503.02(b).
(b) The primary water system operator shall
communicate any regulatory non-compliance issues to the owner of the water system
and, if the owner has designated a manager for the water system, to the
manager.
(c) The primary water system operator may
delegate any duties specified in (a)(1) or (a)(5)-(8),
above, to other individuals as allowed by the water system owner or manager,
provided that the responsibility for execution of these duties remains with the
primary water system operator.
Source. #9910, eff 4-19-11; ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.22)
Env-Dw 502.26 Approval of Training
Providers and Courses.
(a) Any
individual or entity, such as a business or professional organization, seeking
approval to provide one or more courses for drinking water operator
certification renewal shall submit a request for approval as specified in Env-Dw 502.28 in writing to the department at least 30 days
prior to the first date the training will be offered.
(b) Within 30 days
of receipt of a complete request for approval, the department shall:
(1) Approve the request, if the request demonstrates
that the criteria of Env-Dw 502.29 have been met; or
(2) Deny the request, if the request does not
demonstrate that the criteria of Env-Dw 502.29 have
been met.
(c) The department
shall notify the individual identified pursuant to Env-Dw
502.28(a) in writing of the decision. If
the request is denied, the notice shall specify the reason(s) for the denial.
(d) The department
shall maintain a list of training providers and courses that have been approved
pursuant to this section. Such list
shall be provided to any person who requests the list.
(e) A provider shall
allow a representative of the department to attend any training session
approved pursuant to this section for evaluation purposes without a registration
charge. Failure to allow such access
shall result in the withdrawal of the training’s approval.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.13); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.23)
Env-Dw 502.27 Approval for Multiple
Offering of Same Course.
(a) If a provider
wishes to offer a course for which approval is sought 2 or more times, the
request submitted pursuant to Env-Dw 502.26(a) shall
so state.
(b) If the course is
approved pursuant to Env-Dw 502.26, the provider may
present the course multiple times within a 2-year period.
(c) If the provider
wishes to continue to present the course after the 2-year period has concluded,
the provider shall submit a new request for approval.
Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.13); ss by #12363, eff
8-19-17 (formerly Env-Dw 502.23(d))
Env-Dw 502.28 Contents of Request for
Approval. A request for approval
submitted pursuant to Env-Dw 502.26(a) shall include
the following:
(a) The name, mailing address, and daytime telephone
number of the individual submitting the request and, if available, an e-mail
address for that individual;
(b) If the request is being submitted on behalf
of an entity, the name, address, and telephone number of such entity and, if
available, the URL of the entity’s web site;
(c) For each course proposed to be offered, the
following:
(1) A course
outline that identifies the intended audience by subject matter and
professional level;
(2) The
training objectives of the course;
(3) Each topic
to be presented and the time allotted for each topic;
(4) Whether
TCH(s) will be awarded for successful completion of each topic or only for the
course as a whole, and the number of TCH(s) to be awarded;
(5) A list of
all instructional materials to be used in the course and, for each item, the
name of the individual or entity that prepared the item, the year the item was
prepared, and a summary of what the item covers;
(6) The name,
mailing address, daytime telephone number, and background information or résumé
of each instructor, presenter, and subject matter expert who developed the
course;
(7) An
explanation of how each participant will be determined to have met the
requirement(s) for satisfactory completion of the course as specified in Env-Dw 502.29(e);
(8) A sample of
the certificate of completion to be issued to participants who satisfactorily
complete the course; and
(9) A copy of
any evaluation form that will be used to obtain feedback from participants
regarding the quality of the course;
(d) A list of the date(s) on which training will
be offered and the location(s) at which the course will be presented; and
(e) An explanation or certification that the
proposed training provider or course, as applicable, meets the applicable
criteria specified in Env-Dw 502.29.
Source. #9910, eff 4-19-11); ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.24)
Env-Dw 502.29 Criteria for Approval of
Training Providers and Courses.
(a) A request for approval of a drinking water
operator certification renewal training provider or course, or both, shall be
approved only if the applicable criteria listed in (b) through (l), below, are met.
(b) If the training provider is an entity, the entity
shall have an individual or organizational unit within the entity that has
responsibility for developing and conducting training courses and issuing TCHs.
(c) Course content shall be sequenced in a
logical manner from basic to more advanced levels.
(d) Each instructor or presenter shall, for each
course or topic that the individual will be presenting:
(1) Have a
clear understanding of the training objectives and how they are to be achieved;
and
(2) Be capable
of effectively imparting that information to the participants.
(e) Satisfactory completion of the course or of a
topic, if TCHs will be awarded by topic, shall be determined by one of the
following:
(1) Attendance at
no less than 90% of the training time of the course or topic, as applicable, as
measured and documented by attendance rosters or sign-in sheets;
(2)
Performance, as measured by an assessment of each attendee’s understanding
of the material presented in the course or topic, as applicable, whether done
orally, in writing, or by a practical demonstration of skills, as appropriate
to the subject matter and the professional level of the intended audience; or
(3) A combination
of attendance as specified in (1), above, and performance as specified in (2),
above.
(f) TCHs shall be issued based on actual training
time, exclusive of breaks, meals, and introductory or welcoming remarks.
(g) TCHs shall be awarded only upon satisfactory
completion of a course or topic, as applicable, as determined pursuant to (e),
above.
(h) The certificate of completion issued to the
attendees shall contain the following information:
(1) The
attendee’s name;
(2) The name of
course or topic, as applicable;
(3) The number
of TCHs awarded;
(4) The date
the course was held;
(5) The name of
the sponsoring or sanctioning organization, if applicable;
(6) The name of
individual within the organization who is responsible for the course; and
(7) The name of
organization issuing certificate and keeping the records, if different from the
sponsoring organization.
(i) The certificate
of completion may include such other information as the issuing provider wishes
to include.
(j) The issuing provider shall maintain a record
for each course that contains the following information:
(1) The name of
the course;
(2) The number
of TCH(s) awarded;
(3) The course
code, if applicable;
(4) The date
and time the course was held;
(5) The
location of the course;
(6) The name of
each course instructor or presenter; and
(7) The name of
each attendee, and, if available, the attendee’s certified operator number.
(k) The issuing provider shall:
(1) Maintain
the records required by (j), above, for no less than 5 years from the date of
the training; and
(2) Provide
access to the records to department staff upon request.
(l)
All advertisements of the course made by the provider shall include:
(1) A description
of the course;
(2) The
requirements for satisfactory completion of the course; and
(3) The number
of TCH(s) that will be awarded upon satisfactory completion of the course.
Source. #9910, eff 4-19-11); ss
by #12363, eff 8-19-17 (formerly Env-Dw 502.25)
PART Env-Dw 503 PUBLIC WATER
SYSTEM GENERAL OPERATIONAL REQUIREMENTS
Revision Note:
Document #10465, effective 12-2-13, readopted with amendments
and renumbered former Part Env-Ws 360, entitled
General Operational Requirements of a
Public Water System, under a new subtitle as Part Env-Dw 503
entitled Public Water System General Operational Requirements. 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.
Document #10465 replaces all prior filings for rules
formerly in Env-Ws 360. The prior filings for rules in former Env-Ws 367 include the following documents:
#4850,
eff 6-25-90
#5422,
eff 6-22-92
#5873,
eff 7-26-94
#6521,
eff 6-4-97
#7673, eff 4-6-02
#8360, INTERIM, eff 6-4-05
#8475, eff 11-30-05
Env-Dw 503.01 Owner Liability. The owner of a public water system may
delegate any responsibility imposed by this part to another person, subject to
the limitations specified herein. Such
delegation shall not relieve the owner from liability for non-compliance with
these requirements.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.02 Notification of Impairment.
(a) The owner
of a community or non-community, non-transient water system shall notify the
department within 24 hours after discovery of any of the following:
(1) Actual or suspected tampering, sabotage,
security breach, or any suspicious incident at the water system;
(2) Damage to or depletion of the source of the supply
or water system facilities which impairs the quality or sufficiency of the
supply; or
(3) Interruption of service of a pressure zone or
the entire water system due to an extended power outage, line break, or other
cause.
(b) The owner shall provide the notice to the
department required by (a), above, by telephone, fax, e-mail, or other
available means of confirmable, rapid communication.
(c) A community water system shall implement the
appropriate actions as specified in the water system’s emergency plan required
by Env-Dw 503.21.
(d) Subject to (g), below, if the impairment is
anticipated to last more than 48 hours, the system owner shall notify affected
customers within 48 hours of the impairment of:
(1)
What the impairment is;
(2)
The corrective actions taken or planned; and
(3)
The expected timeframe for resolution.
(e) The system owner shall provide the notice to
customers required by (d), above, by:
(1)
Using reverse-911 or similar automated mechanism for contacting
customers, if available; or
(2) In
writing, if the water system does not have reverse 911 or other automated
mechanism for contacting customers.
(f) The system owner shall provide a copy of the
recorded or written notice to the department.
(g) If the system owner is a political
subdivision and its local legislative body has not voted or does not vote to
approve funding for the notification required by (d), above, and the
notification is not fully funded by the state, the system owner shall not be
required to provide the notice.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.03 Designation of Emergency
Operator.
(a) The owner of a community water system shall
designate another person to take charge of the system in the event that an
emergency occurs during the owner’s absence.
(b) For systems serving 1,000 or more people, the
designee shall be a certified operator.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.04 Notice of Change of
Personnel.
(a) Within 5 working days of the change, the owner
of a public water system shall notify the department whenever a change occurs
in any of the following:
(1) The owner’s contact person, as listed in the
department’s database;
(2) Owner’s representative;
(3) Primary certified operator;
(4) Sampling agent; or
(5) Emergency designee pursuant to Env-Dw 503.03.
(b) The notice provided pursuant to (a), above,
shall include the following information:
(1) The name, PWS identifier, and location of the
system; and
(2) Each individual’s name, mailing address,
daytime telephone number, emergency telephone number, and, if available, a fax
number and e-mail address.
(c) The owner shall:
(1)
Provide the notice required by (a), above, by mail, fax, e-mail,
messenger, or other means of delivery; and
(2) Follow up to confirm delivery, if the method of delivery
does not automatically provide confirmation.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.05 Notice of Change of System
Owner.
(a) The following notifications shall be made
whenever ownership of a public water system is transferred, whether by sale,
gift, bequest, or any other transaction:
(1) The person who is transferring ownership shall
notify the department of the impending transfer no less than one month before
the anticipated date of transfer; and
(2) The person who is becoming the owner shall
notify the department of the actual transfer within 10 days after its
occurrence.
(b) The notice provided by the new owner shall
specify the new owner’s name, mailing address, daytime telephone number, and,
if available, a fax number and e-mail address.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.06 Request for Updates.
(a) The owner of a public water system shall, on
request of the
department, provide:
(1) A
description of the system’s existing facilities;
(2) The
status of current operations; and
(3) If
available, information regarding planned capital improvements and expansion.
(b) The department shall request such updates
whenever the department receives information which indicates that the
information on file with the department is not current.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.07 Operations and Maintenance
Manual.
(a) Each public water system shall have an
operations and maintenance manual as described in (e), below.
(b) For new public water systems, the system
developer shall provide an operations and maintenance manual as specified in
(e), below, to the system owner prior to the start-up date of the system.
(c) The operations and maintenance manual shall
be subject to inspection at the time of the final certified inspection pursuant
to Env-Ws 372, Env-Ws 373,
or Env-Ws 374, as applicable, or successor rules in
subtitle Env-Dw.
(d)
The water system owner shall maintain a
copy of the operations and maintenance manual on-site at the water system.
(e) The operations and maintenance manual shall
include:
(1) A description of how the system functions;
(2) Performance specifications and a description
of each water system component;
(3) A description of the maintenance action and
frequency of maintenance required for each equipment component; and
(4) Maintenance logs on which the date and type
of maintenance activity performed can be recorded.
(f) The operations and maintenance manual shall
be updated whenever:
(1) A new facility, source, or treatment process
is added to the system; or
(2) Modifications to the facility, source, or
treatment process render the existing manual obsolete.
(1) Make the manual available to the department
for review during inspections; and
(2) If any staff or design changes are made,
provide a copy of the manual to the department upon request.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.08 Water System Rules.
(a) Subject to (b), below, each community water
system shall develop written rules that address:
(1) Criteria relating to the extension of service
to areas or customers not already served by the system, such as types and
diameters of pipes and other components of the system; and
(2) Billings and payments and other user
requirements, such as whether water conservation fixtures or practices are
required, conditions or activities that are prohibited because they could
contaminate the water supply for the water system, and penalties for failing to
abide by the policies.
(b) If the system owner is a
political subdivision and its local legislative body does not vote to approve
funding for the development of written rules and the development of such rules
is not fully funded by the state, the department shall not require the rules to
be developed by that political subdivision.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.09 Termination of Service.
(a) For purposes of this section, “termination of
service” means the suspension of service until such time as the underlying
reason for the suspension has been corrected or otherwise resolved.
(b) Subject to (g), below, the water system owner
may terminate a customer’s service for cause as specified in the water system’s
rules.
(c) If the water system has not adopted rules
covering termination of service, the owner shall terminate a customer’s service
for cause only as provided in this section.
(d) In the absence of system-specific rules, any
of the following shall constitute cause for termination of service:
(1) Failure to pay a bill that is not being
disputed under applicable legal procedures;
(2) Misappropriation of water by the customer;
(3) Refusal by the customer to give reasonable
access to the customer’s premises for necessary inspection of water system
property;
(4) Failure by the customer to address a
condition that could contaminate the water system;
(5) Failure by the customer to repair or replace
customer-controlled equipment that is allowing water to flow when such flow is
not intended;
(6) Violation of water use bans imposed by the
water system, including but not limited to, exterior water use when a use
restriction has been imposed by the water system;
(7) Violation of formally adopted water system
rules provided that the rules identify service termination as a penalty for
violation; or
(8) Tampering with water system property.
(e) Subject to (f) and (g), below, prior to
terminating service the water system shall notify the customer in writing by
registered mail or other method that provides confirmation of delivery at least
14 days prior to the termination date.
(f) The owner may terminate service without the
advance written notice required by (e), above, if:
(1)
The owner provides as much advance notice to the customer as is
practicable under the circumstances;
(2)
The owner notifies the department of the termination within 48 hours of the
termination; and
(3)
One or more of the following is true:
a. A condition exists that poses a threat to the
safety or reliability of the water system;
b. A condition exists that poses a threat to life, health, or property; or
c. The customer has abandoned the property served
by the water system, as evidenced by:
1. The
service address premises being vacant for a period of 60 days without any
notification to the water system; and
2. The
customer not responding to the owner’s attempts to contact him or her.
(g) A water system registered with the public
utilities commission (PUC) shall use the termination procedure specified in the
system’s PUC franchise and tariff.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.10 Production and Treatment
Logs.
(a) Each public water system shall record the
system’s total production and the operational parameters of all treatment
processes at the time of any inspection required by Env-Dw
503.15.
(b) Recordable factors shall be:
(1)
The chemical(s) that are being used;
(2)
The total quantity of each chemical used;
(3) A description
of each analytical test being used to monitor the treatment process(es) and all test results; and
(4)
The total gallons of water treated, if metered data is required or
available.
(c) The owner shall maintain the logs so as to be
available for review by the department.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.11 Priority Repair Arrangement.
(a) Where in-house system repair capability does
not exist, the water system owner shall establish separate repair agreements
for the water system components and distribution piping system.
(b) Each agreement shall require the repair
company to:
(1)
Notify the primary water system operator; and
(2)
Prioritize the repair and restoration of service to all of the water
system’s customers.
(c) The primary water system operator shall
oversee all repairs. If the primary
water system operator is not available and the repairs are of an emergency
nature, the individual designated under Env-Dw 503.01
shall oversee the repairs.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.12 Notice of Planned Outages.
(a) Subject to (b), below, the system owner shall
notify affected customers at least 2 days in advance of scheduled maintenance
activities that are likely to result in the interruption of service to
customers.
(b) If planned maintenance is unexpectedly
rescheduled for reasons beyond the control of the system owner or if a service
interruption occurs during scheduled maintenance activities that were not
anticipated to result in the interruption of service, the owner shall provide
as much advance notice as is practicable under the circumstances.
(c) For systems serving fewer than 100
individuals, regardless of the number of customers, the notice required by (a),
above, shall be in writing and be delivered by first class mail, e-mail, or
hand-delivery to each home or business served by the system.
(d) For systems serving 100 or more individuals,
regardless of the number of customers, the notice required by (a), above, shall
be
delivered by one or more of the following methods, at the election of
the system owner:
(1) In
writing and delivered by first class mail, e-mail, or hand-delivery to each
home or business affected by the planned activities;
(2)
Other electronic means such as reverse 911 telephone service; or
(3)
Published in a newspaper of general circulation for the area served by
the system.
(e) When newspaper publication is used, the
notice shall be published at least twice with the final required publication at
least 2 days before the anticipated beginning of work.
(f) If the system serves only a residential
community with 100 or more service connections and elects to use newspaper
notice, the system owner shall also notify, by first class mail, e-mail, or
hand-delivered written notice, any affected owners’ association that exists for
the community.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.13 Prompt Repair and
Maintenance Required.
(a) Each public water system owner shall promptly
repair and fully maintain the operational readiness of the system.
(b) The actions required by (a), above, shall
include:
(1)
The preparation and implementation of a preventative maintenance
program; and
(2)
The prompt repair or replacement of system components that have failed
or are otherwise not performing as intended.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.14 Required Action After
Mechanical Breakdown or Other Failure.
(a) If the water system experiences a mechanical
failure, water main break, or power failure or experiences a degradation of the
water quality in the distribution system, the owner shall initiate one or more of the
following actions, as appropriate to the situation:
(1)
Disinfection;
(2)
Bacterial testing;
(3)
(4)
Public notice to consumers as specified in Env-Dw
503.02(d).
(b) The action(s) taken shall be determined by
the system owner and primary certified operator after a careful analysis of the
event.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.15 Public
Water System Inspection Frequency.
(a) The water system owner shall inspect the
system in accordance with the following:
(1)
Treatment processes with mechanical chemical addition or processes treating
bacteria, nitrate, or nitrite shall be inspected at least once every 7 days;
(2)
Treatment processes without mechanical chemical addition shall be
inspected at least once every 30 days;
(3) Source
pumping stations and booster stations with no treatment shall be inspected at
least once every 30 days;
(4)
Facilities such as pressure reducing vaults and air release valves shall
be inspected at least once every 6 months; and
(5)
Surface water filtration facilities shall be inspected each day.
(b) The system owner may request a reduction of
the inspection frequencies specified above by filing a written request with the
department that includes:
(1)
The name, PWS identifier, and location of the PWS;
(2)
The type of contaminant being treated;
(3)
The level of equipment duplication and backup;
(4)
The level of remote surveillance or monitoring;
(5)
The proposed inspection frequency;
(6)
Whether the reduction is requested for a fixed or indefinite period of
time; and
(7)
Alternative methods of ensuring the continued integrity of the water
system and water quality, such as staffing levels or capabilities that provide
increased routine scrutiny of the equipment or processes for which the
reduction is sought.
(c) The department shall approve a reduced
inspection frequency if the request demonstrates that the reduced frequency
will not jeopardize the continued integrity of the water system or the quality of
water delivered to consumers.
(d) If the department approves a reduced
inspection frequency, the approval shall include such conditions as the
department determines are reasonably necessary to ensure that the criteria
specified in (c), above, are met.
(e) If the department determines that a
previously-approved reduced inspection frequency is jeopardizing the continued
integrity of the water system or the quality of water delivered to consumers,
the department shall 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 at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.16 Conduct
and Review of Inspections.
(a) The owner may delegate the responsibility to
conduct the inspections required by Env-Dw 503.15(a)
as follows:
(1)
The individual conducting the inspection shall have knowledge of the
facilities and functions requiring action or maintenance; and
(2)
The individual performing the inspections specified in Env-Dw 503.15(a)(4) and (5) shall be a certified operator.
(b) The certified operator of a community or
non-transient non-community water system shall determine the specific functions
to be accomplished at the inspections required by Env-Dw
503.15(a).
(c) For any community or non-transient
non-community water system, if the inspections required by Env-Dw
503.15(a) are not performed by the certified operator, the certified operator
shall inspect the system and review the inspection records required by Env-Dw 503.17(a) on the following schedule:
(1)
Treatment processes with mechanical chemical addition or processes treating
bacteria, nitrate, or nitrite, at least once every 30 days;
(2)
Treatment processes without mechanical chemical addition, at least once
every 90 days; and
(3)
Source pumping stations and booster stations with no treatment, at least
once every 90 days.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.17 Required
Inspection Records.
(a) The water system owner shall keep a record on
paper or in electronic format of each inspection that includes the following:
(1)
Time and date of the inspection;
(2)
Name of the individual performing the inspection;
(3)
Pertinent operational information, as specified in Env-Dw
503.10; and
(4) General
conditions at the time of the inspection.
(b) The records required by (a), above, shall be
available for review by the department.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.18 Evaluation
of Water Supply Adequacy Required.
The water system owner shall review, periodically as needed, the sources and
treatment of the water supply in relationship to customer demand, for the
purpose of ensuring that the system can meet its obligations to customers.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.19 Short-Term
Water Supply Inadequacies.
(a) Whenever it appears that demand will exceed
supply on an emergency or short-term basis, the water system owner shall take
appropriate action(s) to reduce nonessential demand.
(b) Reduction of demand shall be considered as an
emergency response achievable by directive from the water system to its customers.
(c) The water system shall define “nonessential
demand” in
the rules adopted pursuant to Env-Dw 503.07.
(d) A water system owner shall inform the department
of any action(s) taken or directed to reduce customer demand on a short-term or
emergency basis within 3 working days of taking or directing such action(s).
(e) If a water shortage necessitating the
reduction of nonessential demands occurs on an annual basis, the shortage shall
not be considered an emergency situation that can be addressed under this
section.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.20 Long-Term
Water Supply Inadequacies.
(a) If demand exceeds supply for more than 30
days, the water system owner shall:
(1)
Implement water use restrictions;
(2)
Inform the department in writing of any actions taken or directed to restrict
customer demand
within 3 days; and
(3)
Submit a plan to permanently correct the problem to the department
within 60 days.
(b) The plan required by (a)(3), above, shall
include one or more of the following, as appropriate to the cause of the shortage:
(1)
Development of additional water supply source(s);
(2)
Implementation of a leak detection plan;
(3)
Implementation of a water conservation plan; or
(4)
Other actions as deemed necessary.
(c) In addition to developing the plan required
by (a)(3), above, the water system owner may take action to modify long term
demand by:
(1)
Adjusting water rates;
(2)
Installing customer service water meters;
(3)
Requiring installation of water conservation devices; or
(4)
Taking other actions such as described in Env-Wq
2101 relative to water conservation.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.21 Emergency
Plans for Community Water Systems.
(a) The owner of a community water system shall
prepare an emergency plan to address emergency situations including, but not
limited to those listed in Env-Dw 503.02(a).
(b) The emergency plan shall include the
following:
(1) A description
of the roles and responsibilities for each individual involved during an
emergency situation;
(2) A
description of how the department, local officials, water system customers including any privately
owned redistribution systems (PORS) or consecutive systems, and the
general public will be notified of an emergency situation;
(3) A
step-by-step description of how the system will implement an acute public
notice, including a boil water order, do not drink notice, or do not use
notice;
(4) The
mailing address, emergency telephone number, and non-emergency telephone number
of each of the following local officials and agencies:
a. The
fire department;
b. The
police department;
c. At
least one ambulance service;
d. The
health officer;
e. The
water system’s primary certified
operator(s); and
f. The
owner(s) of abutting water system(s);
(5)
The emergency and non-emergency telephone numbers of the following state
agencies:
a. The
state police;
b. The
department’s drinking water and groundwater bureau;
c. The
department of homeland security and emergency management; and
d. The
department of health and human services, division of public health services;
(6)
The names and emergency and non-emergency telephone numbers for local
service and repair contractors that might be needed in an emergency, including
but not limited to:
a. An
electrician;
b. The
electric utility;
c. A
pump specialist;
d. An
excavation contractor;
e. A state-accredited
laboratory; and
f. Media such as radio station
and newspaper;
(7)
The name and emergency and non-emergency telephone numbers for each
service customer with unique water supply needs, including but not limited to:
a.
Hospitals;
b.
Nursing homes;
c.
Health rehabilitation centers;
d.
Housing for older persons as described in RSA 354-A:15;
e.
Fire department; and
f.
Schools;
(8) A
description of how the water supply needs of service customers specified in
(7), above, will be met;
(9) A description
of any existing mutual aid agreements or memberships;
(10) A
brief list of the community water system’s primary components, including but
not limited to:
a. All
active sources;
b. All
operable inactive wells;
c. All
source and distribution pump stations;
d. All
water treatment facilities;
e. All
storage tanks;
f. All
drinking water chemicals; and
g.
Primary and backup communications equipment;
(11) A
description of the type of record drawings available and where the drawings are
located;
(12) A
description of the community water system that includes at least the following:
a. The
total production capacity of each active and inactive well or surface water
treatment plant;
b. The
total storage capacity of the system;
c. The
average and maximum daily demand of the system;
d. The
system’s ability to isolate sections of the distribution system; and
e. If applicable, a description, based on
existing information, of the hydraulic interconnectivity of the system’s
sources and an estimate of the extent to which a contamination event would
affect total production capacity;
(13) A
description of the system’s backup power capabilities, including but not
limited to:
a.
Whether there is a manual or automatic transfer switch;
b.
Type and size of generator;
c.
Which operations the generator supports;
d.
Fuel type;
e. How
long the generator is capable of operating; and
f.
Testing and maintenance schedule of the generator;
(14) A
description of alternate water sources or short-term measures the community
water system could use during an emergency situation, including, but not
limited to:
a. The
use of bottled water;
b.
Purchasing bulk water in accordance with Env-Dw
304;
c. Reactivating
deactivated sources of water;
d.
Interconnections with adjacent water supply systems;
e.
Installation of water treatment; and
f.
Imposing water use restrictions;
(15) A
description of follow-up action and responsibility for returning to regular
system operation; and
(16)
For community water systems serving more than 1,000 persons that are
located within the 10-mile Emergency Planning Zone as defined in 44 CFR 350.2
for either Seabrook Station or Vermont Yankee nuclear power plants, the
emergency plan shall include the following:
a. A
statement that the water system is located within the Emergency Planning Zone;
and
b. A
statement that the water system will follow the established procedures for responding
to radiological emergencies.
(c) Community water systems created on or after
December 1, 2005 shall submit an emergency plan to the department as part of
the final approval to operate process per Env-Ws
372.06 or successor rule in subtitle Env-Dw.
(d) The water system owner and primary operator
shall sign and date the emergency plan prior to submittal to the department.
(e) The water system owner and primary operator
shall:
(1)
Annually review the emergency plan; and
(2)
Update the plan as necessary to reflect current information.
(f) The system owner shall file the most recent
emergency plan with the department at least once every 6 years.
(g) The emergency plan shall be available for
review during each scheduled sanitary survey, as required by Env-Dw 720.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
Env-Dw 503.22 Available
Sources of Water.
(a) A public water system shall use only the
source(s) of water identified to the department and approved, to the extent
such approval was required at the time the source was activated.
(b) Before introducing water to the distribution
system from any supplemental well that meets the criteria of (a), above, the
owner shall verify the absence of coliform bacteria from the introduced water.
(c) No public water system shall introduce water
from a new source that has not been approved by the department pursuant to the
applicable provisions of Env-Dw 300.
Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13
PART Env-Dw
504 PUBLIC WATER SYSTEM MAINTENANCE
REQUIREMENTS
Revision Note:
Document #10465, effective 12-2-13, readopted with
amendments and renumbered former Part Env-Ws 361,
entitled Maintenance Responsibilities, under a new subtitle as Part Env-Dw 504 entitled Public Water System Maintenance
Requirements. 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.
Document #10465 replaces all prior filings for rules formerly
in Env-Ws 361.
The prior filings for rules in former Env-Ws
367 include the following documents:
#4850,
eff 6-25-90
#5422,
eff 6-22-92
#5873,
eff 7-26-94
#6521,
eff 6-4-97
#8475, eff 11-30-05
Env-Dw 504.01 Owner Liability. The owner
of a public water system may delegate any responsibility imposed by this part
to another person, subject to any limitations specified herein. Such delegation shall not relieve the owner
from liability for non-compliance with these requirements.
Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13
Env-Dw 504.02 Definitions.
(a) “All premises served” means every residential,
commercial, industrial, educational, governmental, religious, or other property
that is connected to the water system.
(b) “Tie location records” means records showing the
precise detailed dimensional measurements of all buried water supply lines, valves, and other
components.
(c) “Curb stop” means the valve between the water
distribution system and the service customer’s premises which controls the flow
of water to the premises.
(d) “Record drawing” means a plan of the actual configuration
of the distribution system showing the
type, size, and location of piping, service lines, shut-offs, blow-offs,
hydrants, valves and other utilities.
Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13
Env-Dw 504.03 General
System Maintenance.
(a) Each public water system shall have a
maintenance schedule for each of the following:
(1)
Wells, reservoirs, and intakes;
(2)
Pump stations;
(3) Electrical
equipment and controls;
(4)
Water storage tanks;
(5)
Distribution system; and
(6) Water treatment facilities.
(b) The schedule shall be based on:
(1)
The maintenance frequencies recommended by the manufacturer, for those
components for which such recommendations exist; and
(2)
For all other components, the frequencies commonly used in the water
works industry such as are recommended by the American Water Works Association.
Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13
Env-Dw 504.04 Source
Evaluation.
(a) The water system owner shall review,
periodically as needed, water use records, customer complaints, and other documents
or information pertaining to the source capacity of the system’s well(s) in relationship to
historic production rates.
(b) If production rates are declining at a
community water system, the system owner shall consult with the department to
determine whether to:
(1)
Perform a pump test for each water source in accordance with Env-Dw 301;
(2)
Monitor each well source to establish:
a.
Static water level;
b.
Stabilized pumping level;
c.
Pumping rate;
d.
Production volumes; and
e. Pump
run times; or
(3)
Take some other action(s) to determine the cause(s) of the decline and
to address the cause(s).
Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13
Env-Dw 504.05 Distribution
System
(a) The water system owner shall flush the
distribution system at least once every 2 years, or more frequently if needed,
so as to maintain the cleanliness of the distribution piping.
(b)
(c) For systems serving less than 100
individuals, regardless of the number of customers, the owner shall give
written notice at least one week in advance of the intended flushing date by
first class mail, e-mail, or hand-delivery to all premises served by the system
in the area that will be affected by the flushing.
(d) For systems serving 100 or more individuals,
regardless of the number of customers, the owner shall give notice at least one
week in advance of the intended flushing date to all premises served by the
system in the area that will be affected by the flushing by:
(1)
Written notice delivered by first class mail or hand-delivery;
(2) E-mail
or other electronic means such as reverse 911 telephone service;
(3)
Publishing a copy of the notice in a newspaper of general circulation
for the area served by the system; or
(4)
Any combination of (1) through (3), above.
(e) The flushing shall be continued until the
water runs clear, at a flushing flow rate of not less than 2.5 feet per second.
Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13
Env-Dw 504.06 Distribution
Valve Operation.
(a) The water system owner shall fully turn each
distribution system gate valve either:
(1) At
least once every 12 months; or
(2) At
the frequency identified in water system’s operations and maintenance manual or
rules, provided that not less than 20% of the valves are operated annually and
all valves are operated at least once every 5 years.
(b) This activity shall be scheduled to minimize
the potential impact on customers.
Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13
Env-Dw 504.07 Service
Line and Water Meter Maintenance Policy.
Unless
the water
system has
adopted formal rules to the contrary:
(a) The water system
shall be responsible for the service line from the water main to the curb stop;
(b) The service customer shall be responsible for
the service line from the curb stop to the customer’s premises; and
(c) The water system owner shall be responsible
for any required meters.
Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13
Env-Dw 504.08 Distribution
Records.
(a) Each community water system, privately owned
redistributions system, and water system with exterior distribution piping
shall maintain and update, on an annual basis, the water system’s record
drawings and tie location records based on the best information available to
the owner.
(b) Information that has not been positively
confirmed shall be noted as estimated on all records.
(c) A copy of the water system’s record drawing
and tie location records shall be available to the department for review.
Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13
Env-Dw 504.09 Storage
Tank Inspection and Maintenance.
(a) At least once every 5 years, the water system
owner shall have each water storage tank used by the system to be inspected to
the maximum extent practical and evaluated for structural strength, corrosion, and
other factors related to water quality and tank integrity.
(b) Tanks with a capacity of 20,000 gallons or
less shall not be required to be inspected internally unless there is a basis
for questioning the tank’s integrity or believing that the tank may be
adversely affecting water quality.
(c) Metal storage tank surfaces shall be painted
or otherwise protected as determined by the system owner, using materials
approved in accordance with Env-Ws 305 or successor
rules in subtitle Env-Dw.
(d) The owner shall maintain emergency access to
the tank’s filler pipe.
Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13
PART Env-Dw 505 BACKFLOW
PREVENTION
Revision Note:
Document #10615, effective 6-1-14, readopted with amendments
and renumbered former Part Env-Ws 364, entitled
Backflow Prevention, under a new subtitle as Part Env-Dw
505. 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.
Most of the existing rules
in Env-Ws 364 had last been filed under Document
#8476, effective 11-30-05, but they did not expire on 11-30-13 but were
extended pursuant to RSA 541-A:14-a until replaced by the rules in Document
#10615, effective 6-1-14.
Document #10615 replaces all prior filings for rules
formerly in Env-Ws 364. The prior filings for rules in former Env-Ws 364 include the following documents:
#6521,
eff 6-4-97
#8360, INTERIM, eff 6-4-05
#8476, eff 11-30-05
Env-Dw
505.01 Purpose.
(a)
The purpose of this part is to regulate, control, and prevent the
contamination of public drinking water by the backflow of water or other liquids,
gases, mixtures, or other substances into the water distribution system of a
public water system (PWS) from a source or sources other than the approved
source(s) of water.
(b)
This part is not intended to interfere with the progress of existing
effective cross-connection control programs, but rather to strengthen them and
encourage uniformity across the state.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw
505.02 Applicability.
(a)
A PWS shall have a cross-connection control program approved in
accordance with Env-Dw 505.11 if:
(1) The PWS is a community
(2) The
PWS serves an entity that poses a cross-connection hazard.
(b)
The owner of a PWS that does not meet the criteria of (a), above, shall
take appropriate action to prevent backflow occurrences and to eliminate
cross-connections, however, an approved cross-connection control program shall
not be necessary.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw
505.03 Definitions. As used in this part, unless the content
clearly indicates otherwise, the following words shall have the following
meanings:
(a)
“Air gap” means an unobstructed vertical distance equal to twice the
diameter of the supply pipe or supply faucet or one inch, whichever is greater,
through the free atmosphere between the lowest opening from any pipe or faucet
supplying water to a tank, plumbing fixture, or other device and the flood
level rim of the receptacle.
(b)
“Approved backflow prevention device” means a backflow prevention device that has been:
(1)
Manufactured to
allow for accurate testing and inspection so as to allow verification of performance; and
(2)
Tested and certified by the
(c)
“Backflow” means the flow of unwanted substances into the water
distribution pipes of a potable supply of water.
(d)
“Back pressure” means pressure created by mechanical means or other means
causing water or other liquids or substances to flow or move in a direction
opposite to what is intended.
(e)
“Back-siphonage” means a backflow resulting
from negative or reduced pressure in the water distribution pipes of a potable
water supply.
(f)
“Certified backflow prevention device inspector” means an individual who
has proven his or her competency to inspect and test backflow prevention
devices, by the possession of a valid backflow prevention device certification
issued by the New England Water Works Association.
(g)
“Check valve” means a self-closing device which is designed to permit
the flow of fluids in one direction and to close if there is a reversal of
flow.
(h)
“Containment” means that method and philosophy of backflow prevention
which requires a backflow prevention device to be installed at the water
service entrance.
(i) “Customer or property owner” means any person
who has legal title to or license to operate or inhabit a property at which a
cross-connection inspection is to be made or at which a cross-connection is
present.
(j)
“Double check valve” means a device incorporating 2 spring-loaded check
valves within a single unit, having 2 shut-off valves and the necessary
appurtenances for testing.
(k)
“High degree of hazard” means that if a backflow were to occur, the
resulting effect on the potable water supply could cause illness or death if
the water thus contaminated were consumed by humans. The unwanted substance may be toxic to humans
either from a chemical, bacteriological, or radiological standpoint. The effects of the contaminants can result
from short or long-term exposure.
(l)
“Low degree of hazard” means that if backflow were to occur, the
resulting effect on the potable water supply would be a change in its aesthetic
qualities only and the unwanted substance is non-toxic to humans.
(m)
“Potable water” means water from a source which has been approved by the
department for human consumption.
(n)
“Pressure vacuum breaker” means a device with an internally
spring-loaded check valve and a spring-loaded air inlet valve, having 2
shut-off valves and the necessary appurtenances for testing, designed to
operate under constant pressure but not back pressure.
(o)
“Reduced pressure backflow device” means a device incorporating 2 or
more spring-loaded check valves and an automatically-operating relief valve
located between the 2 check valves, with 2 shut-off valves and the necessary
appurtenances for testing.
(p)
“Residential dual check valve” means a device, designed for backpressure
and back-siphonage protection for residential
dwellings, which incorporates 2 spring-loaded check valves in a single unit
without shut-off valves or testing appurtenances in accordance with American
Society of Sanitary Engineers (ASSE) Standard 1024.
(q)
“Supplier” means any person who controls, owns, or generally manages a
PWS.
(r)
“Unwanted substances” means water or other liquids, gases, mixtures, or other
substances from any source(s) other than the approved source(s) of water.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw
505.04 Responsibilities of Department,
Suppliers, Owners, and Inspectors.
(a)
Relative to cross-connections, the department shall:
(1)
Establish and enforce rules to regulate cross-connections;
(2)
Review inspection reports prepared pursuant to Env-Dw
505.05;
(3)
Review and approve the cross-connection control program of each PWS, in
accordance with Env-Dw 505.11; and
(4)
Provide for the certification of backflow prevention device inspectors.
(b)
Each supplier shall be responsible for the safety of the PWS under its
jurisdiction.
(c)
Relative to cross-connections, the supplier shall:
(1)
Not allow
any cross-connection at any point within the PWS unless approved pursuant to a
permit specifically issued by the supplier for the cross-connection;
(2)
Require any backflow prevention device installed in the system to be an
approved backflow prevention device;
(3) When an application for a
cross-connection permit is received, review the degree of hazard classification
of the cross-connection, determine the proper backflow prevention device for
the cross-connection, and designate that backflow prevention device on the
cross-connection permit if it is issued;
(4)
Require backflow prevention devices to:
a.
Be installed where required;
b.
Be tested for proper functioning upon completion of installation;
c.
Be inspected and tested at least semi-annually in high degree of
hazard situations and annually in low degree of hazard situations, or more
frequently as required by the supplier; and
d.
Meet applicable performance standards;
(5)
Require a certified backflow prevention device inspector to perform all testing and
inspection duties;
(6)
Require the customer or property owner to repair, overhaul, or replace
the backflow prevention device whenever it is found to be defective;
(7)
Evaluate records of inspections, tests, repairs, and overhauling and
retain the records for a period of at least 5 years;
(8)
Establish a time for completion of necessary corrections or removal of
actual or potential cross-connections, taking into consideration the degree of
hazard involved and the time required to obtain and install the needed
equipment;
(9)
Ensure that necessary corrections are made by:
a.
Requesting the owner of the cross-connection to voluntarily correct the
deficiencies; and
b.
Physically separating the PWS from the on-site piping system if proper
protection has not been provided after a reasonable period of time following
legal notification; and
(10)
Deny water service to any premises where cross-connections exist until
corrective action is taken, in accordance with the following:
a.
Water service shall be discontinued for failure to test or maintain
backflow prevention devices in a manner acceptable to the supplier; and
b.
Water service shall be discontinued until corrections are made, if it is
found that the backflow prevention device has been removed or by-passed or
otherwise rendered ineffective.
(d)
Relative to cross-connections, the supplier and the customer or property owner shall
have joint responsibility to ensure that the backflow prevention devices installed at
all cross-connections are tested and inspected as specified by these rules or
more frequently if required by the supplier.
(e)
Relative to cross-connections, the customer or property owner shall:
(1)
Eliminate and disconnect any cross-connections that are maintained
between the private system and the supplier’s system, unless deemed necessary
by the supplier and protected by an approved backflow prevention device suitable for
the degree of hazard associated with the cross-connection;
(2)
Have any backflow prevention device properly installed, operated and maintained;
(3)
Comply with all provisions of any cross-connection permit and the
supplier’s cross-connection program;
(4)
Apply for renewal of the cross-connection permit when required by the
supplier;
(5)
Protect the owner’s water distribution or plumbing system by the
installation of approved backflow prevention devices where appropriate and
necessary; and
(6)
Have inspections and tests performed during regular business hours.
(f)
Relative to cross-connections, the certified backflow prevention device
inspector shall:
(1)
Make competent inspections and reports of the inspection and testing of backflow prevention devices on forms approved by
the supplier having jurisdiction;
(2)
Competently use all of the equipment necessary to properly test and
inspect backflow prevention devices; and
(3)
Perform the work and be responsible for the competency and the accuracy
of all tests and reports.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw
505.05 Required Reports.
(a)
All suppliers identified in Env-Dw 505.02(a)
shall submit an annual inspection and testing report to the department in
accordance with this section.
(b)
The annual inspection and testing report shall be submitted to the
department no later than April 1st of the year following the inspection year.
(c)
The annual inspection and testing report shall:
(1)
Specify
the total number of permitted cross connections that existed at the water
system at the end of the year for which the report is being filed; and
(2) Provide the
following information for each backflow prevention device:
a. The permit number of the
backflow prevention device;
b. The name of the owner
of the backflow
prevention device;
c. The location of the backflow
prevention device;
d. The date of each
inspection and
test performed during the year of reporting;
e. The name, certifying
organization, and certification number of the certified backflow prevention
device inspector who performed the inspection and test on the device;
f. The result of each
inspection
and test;
and
g. If the inspection or test result
is unsatisfactory, the date at which the backflow prevention device was found to be satisfactory
following a subsequent inspection and test in that calendar year period.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw
505.06 Cross-Connection Permits.
(a)
The owner of any premises where a cross-connection exists shall apply
for a cross-connection permit on the forms provided by the supplier if the
premises are served by a PWS that is required to have a cross-connection
program pursuant to Env-Dw 505.02(a).
(b)
All permits shall be:
(1)
Issued by the supplier for a term not to exceed 5 years; and
(2)
Subject to revocation by the supplier.
(c)
Each permit shall identify:
(1)
The owner’s name, mailing address, and daytime telephone number;
(2)
The location of the backflow prevention device;
(3)
The name of the manufacturer of the backflow prevention device;
(4)
The size and model number of the backflow prevention device;
(5)
A description of contaminants that could be introduced through the
cross-connection;
(6)
The frequency of inspections and testing of the backflow prevention
device; and
(7)
The permit number.
(d) The holder of a cross-connection permit shall
apply for the permit to be renewed every 5 years or:
(1)
Whenever
a change has occurred in the existing degree of hazard classification; or
(2) A change has been made in
the type of backflow prevention device installed.
(e)
Cross-connection
permits shall be non-transferable.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw
505.07 Replacement of Backflow
Prevention Devices. Any existing
backflow prevention
device shall be allowed to continue in service unless:
(a) The supplier
considers the condition of any portion of the backflow prevention device to be such
that replacement should be made; or
(b) The degree of hazard classification has
changed so as to supersede the effectiveness of the present backflow prevention device
currently in use.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw 505.08 Approved
Backflow Prevention Devices.
(a) Only approved backflow prevention devices
shall be used.
(b) Only the types of backflow prevention devices
listed in Table 505-1 below shall be used for the containment of on-premise hazards for low and high degree of hazard
situations respectively:
Table 505-1
Acceptable Backflow
Prevention Devices for Degrees of Hazards
Low Degree of
Hazard |
High Degree of
Hazard |
Air
gap |
Air
gap |
Pressure
vacuum breaker |
Reduced
pressure backflow device |
Double
check valve assembly |
A
combination of the above |
Reduced
pressure backflow device |
|
A
combination of the above |
|
(c) A backflow prevention device shall not be
installed in a location where it will:
(1)
Be
subject to corrosive fumes, grit, or sticky or abrasive liquids;
(2)
Be
subject to flooding or mechanical abuse;
(3)
Not be easily accessible for testing and repair;
(4)
Be in
a pit or built into or close to walls or other obstructions; or
(5)
Be in
a vertical position unless the backflow prevention device was certified for
that orientation.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw 505.09 Program
Documentation.
(a) Each PWS that is required by Env-Dw 505.02(a) to have a cross-connection program shall
file with the department
a copy of its legally-adopted cross-connection control program.
(b) Any subsequent revisions to a cross-connection
control program approved in accordance with Env-Dw
505.11 shall be filed with the department as specified in Env-Dw 505.11.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw
505.10 Required Records.
(a) Each PWS that is required by Env-Dw 505.02(a) to have a cross-connection program shall
maintain records pertaining to its cross-connection control program as
specified in this section.
(b) A list of high degree of hazard cross-connection
locations shall include:
(1)
The
name of the owner or business;
(2)
The location
of the backflow prevention device;
(3)
The
type
of backflow prevention device installed;
(4)
The size of the backflow
prevention device;
(5)
The
manufacturer’s name and model number;
(6)
The
cross-connection permit number;
(7)
A description
of the
contaminant(s); and
(8)
The testing and inspection
frequency.
(c) A list of low degree of hazard cross-connection
locations
shall include the information identified in (b), above.
(d) Records of the frequency of inspection and testing of
each backflow prevention device and the results of inspections and tests shall
include the
following and be on forms provided by the supplier:
(1)
The name
of the owner
or business;
(2)
The location of the
backflow prevention device;
(3) The type of backflow
prevention device;
(4) The size of the backflow
prevention
device;
(5) The manufacturer’s name and
model number;
(6) The date of
the first inspection and test of the year for high hazard backflow prevention devices or the
date of the annual inspection and test for low hazard backflow prevention
devices;
(7) The name of the certified
backflow prevention device inspector;
(8) Inspection and
testing results from the first or annual test, as applicable;
(9) If the inspection or testing results from
the first or
annual test, as applicable, were unsatisfactory:
a.
The measures taken to correct the deficiencies; and
b.
The date
the device was determined to be satisfactory;
(10) The date of
the second inspection and test of the year for each high hazard backflow prevention device;
(11) Inspection and
testing results from the second test for each high hazard backflow prevention
device;
(12)
If the inspection or testing results from the second test for a high hazard
backflow prevention device were unsatisfactory:
a.
The measures taken to correct the deficiencies; and
b.
The date
the device was determined to be satisfactory.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
Env-Dw 505.11 Approval
of Cross-Connection Programs; Revisions.
(a) To obtain department approval of a
cross-connection program, the supplier shall submit a written description of
the program that includes:
(1)
A description of all components of the program; and
(2)
A certification signed by the supplier that the supplier has the
authority to enforce the requirements of the program.
(b) The department shall approve the program if,
after reviewing the submittal, the department determines that the program
complies with the requirements of this part.
(c) If the supplier revises any part of an
approved cross-connection control program, the supplier shall submit the
revisions in writing to the department.
(d) The department shall approve the revisions if
the department determines that the program as revised complies with the
requirements of this part.
(e) The department shall notify the supplier of
its decision on a submittal under (a) or (c), above, in writing within 30 days
of receipt of the submittal. If the
program or revision is not approved, the written notice shall specify the
reason(s) for the decision.
Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14
PART Env-Dw
506 SEASONAL PUBLIC WATER SYSTEMS
Env-Dw 506.01 Purpose. The purpose of this part is to establish the minimum
requirements for the opening of seasonal public water systems (seasonal
systems).
Source. #10771, eff 2-1-15
Env-Dw 506.02 Applicability;
Exemption.
(a) The rules in this part shall apply to all
seasonal systems as defined in Env-Dw 100, subject to
(b) and (c), below.
(b) Prior to April 1, 2016, the rules in this
part shall not apply to seasonal systems owned by political subdivisions of the
state.
(c) 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 be exempt from the start-up
procedures and certification required by Env-Dw
506.04(a).
Source. #10771, eff 2-1-15
Env-Dw 506.03 Sampling
Requirements. Commencing February 1,
2015, the owner of a seasonal system shall conduct sampling in accordance with Env-Dw 707 through 711.
Source. #10771, eff 2-1-15
Env-Dw 506.04 Start-Up
Procedures and Certification Required.
(a) Commencing January 1, 2016, prior to serving
water to the public the owner of a seasonal system shall:
(1) Complete the start-up procedures specified in
Env-Dw 506.05; and
(2) Certify to the department that the procedures
were completed as specified in Env-Dw 506.06 within
30 days of start-up.
(b) The owner may authorize an agent to conduct the
start-up procedures and file the certification, but such authorization shall
not relieve the owner from liability if the procedures are not done as and when
required.
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Env-Dw 506.05 Specific
Procedures.
(a) The start-up procedures required by Env-Dw 506.04(a)(1) shall include the following:
(1) Inspecting all components of the distribution
system including sanitary protective area(s), well(s), source meter(s), pump
house(s), pump(s), treatment facilities, storage facilities, valves, blow-offs,
hydrants, backflow
prevention devices, if any, and sampling taps;
(2) Disinfecting and flushing all distribution
lines; and
(3) Correcting any current or previously-noted
sanitary defects.
(b) The owner may include additional steps in the
start-up procedures, such as sampling.
Source. #10771, eff 2-1-15
Env-Dw 506.06 Annual
Start-Up Certification.
(a) The owner of the
seasonal PWS shall provide the certification required by Env-Dw
506.04(a)(2) by providing the information specified in (b), below, on a form
obtained from the department that the owner has signed as specified in (c),
below.
(b) The information required by (a), above, shall
be as follows:
(1) For the seasonal system, the complete legal
name of the seasonal PWS and its PWS identifier;
(2) The months in which the owner anticipates
opening and closing the seasonal system;
(3) For the owner of the seasonal system, the
owner’s name, regular mailing address and seasonal mailing address, if
different, regular and seasonal daytime telephone numbers, including area
codes, and e-mail address, if any; and
(4) For the start-up procedures, the date the
procedures were completed and the name of the individual who completed the
procedures.
(c) The owner or authorized agent shall sign and
date the certification and print or type his or her name and title on the
certification prior to submitting it to the department.
(d) The signature required by (c), above, shall
constitute certification that:
(1) The signer is the owner of the seasonal
system or has been authorized by the owner to sign the certification;
(2) The start-up procedures required by Env-Dw 506.04(a)(1) have been completed;
(3) The information provided is true, complete,
and not misleading to the knowledge and belief of the signer; and
(4) The signer
understands that he or she is subject to the penalties for false swearing specified
in RSA 641:3 or any successor statute if the information is false, incomplete,
or misleading.
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Env-Dw 506.07 Violations.
(a) Failing to complete the required start-up
procedures as required by Env-Dw 506.04(a)(1) shall
constitute a treatment technique violation.
(b) Failing to submit certification of completion
of start-up procedures as required by Env-Dw
506.04(a)(2) shall constitute a reporting violation.
Source. #10771, eff 2-1-15
Env-Dw 506.08 Public
Notice of Violations. The owner of a
seasonal system at which any violation specified in Env-Dw
506.07 occurs shall notify the public in accordance with Env-Dw
800.
Source. #10771, eff 2-1-15
Appendix A:
State Statutes Implemented
Rule Section(s) |
State Statute(s)
Implemented |
Env-Dw 501 |
RSA 485:3-a |
Env-Dw 502 (also see specific sections below) |
RSA
332-E:3, I |
Env-Dw 502.04 - 502.06 |
RSA
332-E:4, I - III |
Env-Dw 502.07 |
RSA
332-E:5, I - IV |
Env-Dw 502.08 |
RSA
332-E:6, I |
Env-Dw 502.09 |
RSA
332-E:4, IV-VI; RSA 332-E:6, II, III, V |
Env-Dw 502.10 |
RSA
332-E:5, VI; RSA 332-E:9 |
Env-Dw 502.11 |
RSA
332-E:6, IV |
Env-Dw 502.12 - 502.23 |
RSA
332-E:3, II - IV |
Env-Dw 502.24 - 502.29 |
RSA
332-E:3, I & III |
Env-Dw 503 |
RSA 485:1; RSA 485:10; RSA
485:11; RSA 485:43 |
Env-Dw 504 |
RSA 485:1; RSA 485:11; RSA
485:43 |
Env- Dw 505 |
RSA 485:11; RSA 485:41 |
Appendix B:
statutory definitions
RSA
332-E:1
II.
“Certificate” means a certificate of competency issued by the department
stating that the operator has met the particular requirements set by the department
for certification at his level of operation.
III.
“Department” means the department of environmental services.
IV.
"Operator” means the individual who has full responsibility for the
operation of a water treatment plant or water distribution system and any
individual who normally has charge of an operating shift, or who performs
important operating functions including analytical control.
V. “Water
distribution system” means that portion of the public water system which
includes sources, pipes, storage facilities, pressure booster facilities, and
all measuring and control devices used to convey potable water to the system
users.
VI. “Water
treatment plant” means the portion of the public water supply system which in
some way alters the physical, chemical, or bacteriological quality of the water
being treated.
RSA
485:1-a
XIV-a.
“Privately owned redistribution system” means a system for the provision of
piped water for human consumption which does not meet the definition of public water
system under paragraph XV, and meets all the following criteria:
(1) obtains all of its water from, but is not owned or operated by, a
public water system; (2) serves a population of at least 25 people, 10
household units, or 15 service connections, whichever is fewest, for at least
60 days per year; and (3) has exterior pumping facilities, not including
facilities used to reduce pressure, or exterior storage facilities which are
not part of building plumbing.