CHAPTER Env-Dw
800 PUBLIC NOTIFICATION BY PUBLIC WATER
SYSTEMS
Statutory
Authority: RSA 485:41, IV & VII
Revision Note:
Document #9730, effective 6-30-10, readopted with amendments
and renumbered many former rules in Chapter Env-Ws
300, and adopted new rules, under a new subtitle in Chapter Env-Dw 800, as follows:
Former Rule New
Rule
Env-Ws 351.01 Env-Dw 801.01
Env-Ws 354.01 Env-Dw 801.02(a) and (b)
Env-Ws 351.02(b)-(d) Env-Dw 801.02(c)-(e)
Env-Ws 351.02(a) Env-Dw 801.03
Env-Ws 351.03 Env-Dw 801.04-801.07
Env-Ws 351.04 Env-Dw 801.08 and Env-Dw 801.09
(no former rule) Env-Dw 801.10
Env-Ws 351.05 Env-Dw 801.11 and Env-Dw 801.12
(no former rule) Env-Dw 801.13
Env-Ws 351.08 Env-Dw 801.14
Env-Ws 351.06 Env-Dw 801.15
(no former rule) Env-Dw 801.16
Env-Ws 351.09-351.13 Env-Dw 801.17-801.19
(no former rule) Env-Dw 801.20
Env-Ws 351.07 Env-Dw 802.01-802.06 intro.
Env-Ws 352.14(a)-(f) Env-Dw 801.06(a)-(f)
Env-Ws 359.01 Env-Dw 803.01
(no former rule) Env-Dw 803.02
(no former rule) Env-Dw 803.03
Env-Ws 355.01-355.04 Env-Dw 804.01-804.04
Env-Ws 355.05 Env-Dw 805.01-805.05
Env-Ws 355.06 Env-Dw 805.06
Env-Ws 356.01 Env-Dw 806.01-806.17
Env-Ws 357.01 Env-Dw 807.01-807.28
Env-Ws 357.02 Env-Dw 808.01-808.34
Env-Ws 357.03 and Env-Ws 357.04 Env-Dw 809.01-809.11
Env-Ws 358.01 Env-Dw 810.01
(no former rule) Env-Dw 810.02
Env-Ws 352.01-352.10 Env-Dw 811.01-811.10
Env-Ws 352.11 Env-Dw 811.11-811.14
(no former rule) Env-Dw 811.15
Env-Ws 352.12 Env-Dw 811.16
Env-Ws 352.13 Env-Dw 811.17
Env-Ws 352.14 intro. and Env-Ws 352.15 Env-Dw 811.18 and Env-Dw 811.19
Env-Ws 352.16 Env-Dw 811.20
Env-Ws 352.17 and Env-Ws 352.18 Env-Dw 811.21 and Env-Dw 811.22
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 #9730 replaces all prior
filings for the former rules as cited above.
The prior filings for these former rules, beginning with Document #6521,
eff 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:
Env-Ws
351 and 352
#6521, eff 6-4-97
#7545, eff 1-1-02
#8351, eff 5-14-05
#8352, eff 5-14-05
#9618, INTERIM, eff 1-1-10
Env-Ws
354
#6521, eff 6-4-97
#7545, eff 1-1-02
#9618, INTERIM, eff 1-1-10
Env-Ws
355
#6521, eff 6-4-97
#7545, eff 1-1-02
#8040, eff 2-14-04
#9618, INTERIM, eff 1-1-10
Env-Ws
356
#6521, eff 6-4-97
#7545, eff 1-1-02
#7645, eff 2-8-02
#9618, INTERIM, eff 1-1-10
Env-Ws
357
#6521, eff 6-4-97
#7261, eff 5-4-00
#7545, eff 1-1-02
#9618, INTERIM, eff 1-1-10
Env-Ws
358 and 359
#6521, eff 6-4-97
#7545, eff 1-1-02
#9618, INTERIM, eff 1-1-10
PART
Env-Dw 801
GENERAL VIOLATION NOTIFICATION REQUIREMENTS
Env-Dw
801.01 Applicability; Recipient(s) of
Public Notice.
(a) The public notice requirements specified in
this chapter shall apply to each public water system (PWS) that is subject to
the requirements for which Env-Dw 801.05, Env-Dw 801.08(a), or Env-Dw 801.11(a)
require notice to be provided.
(b)
An O/O who is required to give public notice under this chapter shall
notify the persons served by the PWS as specified herein.
(c)
For any PWS that serves a consecutive system as defined in 40 CFR 141.2,
the following shall apply:
(1) Subject to (d), below, the O/O of the
supplying PWS shall give public notice as required by this chapter to the O/O
of the consecutive PWS; and
(2) The O/O of the consecutive PWS shall provide public
notice to the persons served by the consecutive PWS.
(d)
If the O/O of the consecutive PWS wants the O/O of the supplying PWS to
provide notice to the certified operator of the consecutive PWS in addition to
or in lieu of the O/O of the consecutive system, the O/O of the consecutive PWS
shall:
(1) Provide such directive in writing to the O/O
of the supplying PWS; and
(2) Send a copy of the directive to the
department concurrently with sending it to the O/O of the supplying PWS.
(e)
The O/O of the consecutive PWS may rescind the directive at any time by
providing written notice of the rescission to the O/O of the supplying PWS and
sending a copy of the rescission to the department.
(f)
Any notice under this chapter that is required to be given to the
department shall be directed to the attention of the department’s drinking
water program.
(g)
For a PWS owned by a political subdivision, the PWS shall not be
required to provide notice under Env-Dw 801.08(a)(5)
or Env-Dw 801.11(a)(5) relative to exceeding ambient
groundwater quality standards if the local legislative body of the political
subdivision does not approve funding for the cost of the notice.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
801.02 Requirement to Use Specific
Notice Language.
(a)
When providing the information on potential adverse health effects
required by Env-Dw 801.03(a)(3), the O/O shall include
the applicable language specified in Env-Dw 804
through Env-Dw 810 for each contaminant or situation.
(b)
If language for a particular contaminant is not specified in Env-Dw 804 through Env-Dw 810 at the
time notice is required, the O/O shall contact the department.
(c)
The O/O of a PWS at which the secondary MCL for fluoride as specified in
Env-Dw
706.01 is exceeded shall issue public notice as specified in
Env-Dw 803.01.
(d)
The O/O of a PWS for which an exemption has been granted under RSA
485:42 shall issue public notice as specified in Env-Dw
802.
(e)
The O/O of a PWS that is subject to the unregulated contaminant
monitoring rule identified in 40 CFR 141.40 shall issue public notice as
specified in Env-Dw 803.03.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
801.03 Elements of a Public Notice. Unless otherwise specified in Env-Dw 802 or Env-Dw 803, public
notice shall:
(a)
For each violation or situation for which notice is being given:
(1) Describe the violation or situation,
including identifying each contaminant of concern and the corresponding
contaminant level;
(2) Identify the compliance period, including
year, when the violation or situation occurred;
(3)
Describe any potential adverse health effects from the violation or situation
using the applicable health effects language for that contaminant as specified
in Env-Dw 804 through Env-Dw
810; and
(4) Identify the population(s) at risk, including
each subpopulation that is particularly vulnerable if exposed to the
contaminant in the drinking water;
(b)
Advise whether alternative water supplies should be used;
(c)
Identify what actions a consumer should take, including when to seek
medical help, if known and applicable;
(d)
Describe actions the O/O is taking to correct the violation(s) or
situation(s);
(e)
Identify when the O/O is expected to return to compliance or otherwise
resolve the situation(s);
(f)
Provide the name, business address, and telephone number of the PWS
owner, certified operator, or designee as a source of additional information
concerning the notice;
(g)
Include the following statement:
“Please
share this information with all the other people who drink this water,
especially those who may not have received this notice directly (for example,
people in apartments, nursing homes, schools and
businesses). You can do this by posting
this notice in a public place or distributing copies by hand or by mail.”; and
(h)
Include the following statement, including the information necessary to
fill in the blanks, if the public notice is issued
for a monitoring and reporting or monitoring and testing procedure violation as
set forth in Env-Dw 707 through Env-Dw 713:
“We
are required to monitor your drinking water for specific contaminants on a
regular basis. Results of regular
monitoring are an indicator of whether or not your drinking
water meets health standards. During
[compliance period], we ‘did not monitor or test’ or ‘did not complete all
monitoring or testing’ for [contaminants(s)], and therefore cannot be sure of
the quality of your drinking water during that time.”.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
801.04 Acute Public Notice and
Required Consultations.
(a)
For purposes of this section, the following definitions shall apply:
(1)
“Consult with the department” means the O/O has engaged in 2-way communications
directly with an individual in the department’s drinking water program, whether
such communications are in person, by telephone, by fax, or by e-mail;
(2) “Initiate consultations” means the O/O has
made reasonable efforts to communicate with the department, whether
or not the efforts were initially successful; and
(3)
“Made reasonable efforts” means the O/O conveyed information to the department
by telephone, fax, or e-mail regarding the occurrence of the violation or
situation, which included current contact information for the O/O or designee.
(b)
As soon as practical but no later than 24
hours after learning of a turbidity MCL violation as listed in Env-Dw 801.05(g) or a treatment technique violation as listed
in Env-Dw 801.05(h), the O/O shall consult with the
department as specified in Env-Dw 801.06 relative to
consultation for acute public notice violations or situations.
(c)
As soon as practical, but no later than 24 hours after learning of a
violation or situation listed in Env-Dw 801.05(a)-(f)
or (i)-(k), the O/O shall:
(1) Issue acute public notice as specified in
Env-Dw 801.07; and
(2)
Initiate consultations with the department as specified in Env-Dw 801.06 to determine whether additional public notice is
required.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
801.05 Violations and Other
Situations for Which Acute Public Notice is Required. The O/O shall provide acute public notice, in
accordance with Env-Dw 801.01 through Env-Dw 801.04 and Env-Dw 801.07, of
any of the following violations or situations:
(a)
Any violation of the
(b)
Any detection of E. coli as specified in Env-Dw 709.19, subject to Env-Dw
709.20;
(c)
Any detection of E. coli, enterococci, or coliphage in the
groundwater source at a system that is subject to Env-Dw
717;
(d)
Any violation of the
(e)
Any failure to collect a confirmation sample of nitrate, nitrite, or
total nitrate and nitrite within 24 hours of the water system’s receipt of the
first sample results showing an exceedance of the nitrate or nitrite
(f)
Any violation of the chlorine dioxide MRDL as specified in Env-Dw 705.04(c),
where:
(1) The required samples were not collected in
the distribution system; or
(2) One or more samples collected in the
distribution system the day following an exceedance of the MRDL at the entrance
of the distribution system exceed the MRDL;
(g)
Any violation of the turbidity
(1) The O/O fails to consult with the department
within 24 hours of learning of the violation as required by Env-Dw 801.04(b); or
(2) After the required consultation, the
department determines, based on the circumstances causing or contributing to the violation, that public
notice is required to protect public health and safety;
(h)
Any violation of a treatment technique
requirement specified in the federal requirements
relating to filtration and disinfection that are incorporated by Env-Dw 716,
resulting from a single exceedance of the maximum allowable turbidity limit, if:
(1) The O/O fails to consult with the department
within 24 hours of learning of the violation as required by Env-Dw 801.04(b); or
(2) After the required consultation, the department determines,
based on the circumstances causing or
contributing to the violation, that public notice is required to protect
public health and safety;
(i) Any occurrence of a waterborne disease
outbreak as defined in 40
(j)
Any occurrence of a waterborne emergency, including, but not limited to:
(1) A failure or significant interruption of key
water treatment processes or distribution;
(2) A natural disaster that disrupts the water
supply or distribution system; or
(3) A chemical spill or the unexpected
introduction of possible pathogens or substances into the source water that
significantly increases the potential for drinking water contamination; and
(k)
Any other violation or situation that has significant potential to cause
serious adverse effects on human health as a result of
short-term exposure, that is:
(1) Identified in Env-Dw 700;
or
(2) Determined by the department after
consultation with the O/O to warrant public notice
in order to protect public health and safety.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
801.06 Consultation for Acute Public
Notice Violations or Situations.
(a)
The consultation between the department and the O/O required by Env-Dw 801.04(c)(2) shall be to determine:
(1) The degree of risk to public health from the
violation or situation;
(2) Whether additional public notice will be
required to be given by the O/O; and
(3) If additional public notice is required, the
parameters for such notice, including timing, form, manner and frequency of
distribution, and content.
(b)
The determinations in (a), above, shall be based on:
(1) The nature of the specific violation or
situation, including whether it exists throughout the entire PWS or is confined
to only a portion of the PWS;
(2) When the violation or situation first
occurred and how long it has been on-going;
(3) The severity of the violation or situation;
and
(4) The potential health risk posed by the
violation or situation.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
801.07 Acute Public Notice; Methods
of Delivery.
(a)
The O/O shall notify persons served by the PWS of any of the violations
or situations listed in Env-Dw 801.05 within 24 hours
of learning of the violation or situation.
(b)
The O/O shall deliver the notice in a manner that is calculated to reach
all persons served, by using at least one of the following forms of delivery:
(1) Broadcast media, such as radio and
television, by furnishing a copy of the public notice for broadcast to radio or
television stations, or both, that broadcast in the area served by the PWS;
(2) Written notice to all persons served by the PWS using one or more of the following methods:
a. If the area is served by a daily newspaper of
general circulation, by publication in 3 consecutive issues of that newspaper;
b. By door-to-door hand delivery; or
c. For non-transient PWS, by posting the public
notice in conspicuous locations throughout the area served by the PWS for as
long as the violation persists or 7 days,
whichever is longer; or
(3) Subject to (c) below,
reverse 911 telephone service to all persons served by the PWS, provided:
a. Current phone numbers are known for all service
connections; and
b. A receipt mechanism
confirms that notice was received within 24 hours of transmittal.
(c) When reverse 911 is used but all current
phone numbers are not known, one of the delivery methods specified in (b)(1) or
(2), above, shall be used for each person for whom the number is not known.
(d)
To supplement the delivery of notice by one or
more methods listed in (b), above, the O/O may
also distribute the public notice to persons served by the system using any of the methods specified below:
(1) Delivery of multiple copies for distribution
by customers who provide the water to others, such as apartment building
owners, schools, or large private employers;
(2) Posting on the internet; or
(3) Delivery of one or more copies to community
organizations.
(e)
Within 10 days of providing notice to each consumer, the O/O shall
submit to the department the certification specified in Env-Dw
801.18.
(f)
Public notices for the violations described in (a), above, shall be
repeated every 3 months for as long as the violation or situation persists unless the O/O
requests, and the department approves, a different frequency pursuant to Env-Dw 801.10.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
801.08 Standard Public Notice for
Community Water Systems (CWS).
(a)
The O/O of a community water system (CWS) shall provide notice, as
required by Env-Dw 801.01, in accordance with (b),
below, within 30 days of learning of any of the following violations or
situations:
(1) Any violation of an applicable MCL, MRDL,
treatment technique, monitoring, or testing procedure requirements specified in
Env-Dw 700 that is not an acute violation specified
in Env-Dw 801.05;
(2) Any violation of the reporting or
recordkeeping requirements specified in Env-Dw 709,
Env-Dw 720.14(b), or Env-Dw
720.16(b);
(3) Any violation of the turbidity MCL
requirements established in 40 CFR 141.13(b) where
the department determines, after consultation in accordance with Env-Dw 801.06, that the violation does not impose an acute
health risk that warrants notification to the public within 24 hours;
(4) Any violation of a federal treatment
technique relating to filtration and disinfection as
incorporated by Env-Dw 716, as noted in Env-Dw
801.05(h), where the department determines, after
consultation in accordance with Env-Dw 801.06, that
the violation does not impose an acute health risk that warrants notification
to the public within 24 hours;
(5) Failure to take corrective action or failure to maintain at least 4-log
treatment of viruses before or at the first customer as specified in Env-Dw 717; or
(6) Failure to comply with
ambient groundwater quality standards (AGQS) as required by Env-Dw 707.02(b).
(b)
The CWS O/O shall notify each customer receiving a bill and the O/O of
any other service connection through which water is delivered to the public of
any of the violations listed in (a), above, in such a manner that is calculated
to reach all persons served by the CWS, by using at least one of the following
forms of delivery:
(1) Mail delivery; or
(2) Door-to-door hand delivery.
(c)
If the CWS O/O determines that not all persons served by the CWS were
reached using the method chosen by the O/O from those described in (b), above,
the O/O shall issue notice to persons served by the CWS using one of the
following methods:
(1) Publication in a local newspaper
or newsletter distributed to all persons served by the CWS;
(2) Delivery of multiple copies
for distribution by customers that provide the water to others, such as apartments building owners,
schools, or large private employers;
(3) Posting in public places served by the CWS;
(4) Posting on the internet
or email broadcast to all persons served by the CWS; or
(5) Delivery of one or more
copies to community organizations.
(d) A CWS O/O who chooses to use the method in (c)(3), above, shall post
the public notice for as long as the violation persists or 7 days, whichever is
longer.
(e)
Within 10 days of providing notice to its customers, the CWS O/O shall
submit to the department the certification specified in Env-Dw
801.18.
(f)
Public notices for the violations described in (a), above, shall be
repeated every 3 months for as long as the violation persists
unless the CWS O/O requests, and the
department approves, a different frequency pursuant to Env-Dw
801.10.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
801.09 Request for Extension of
Standard Public Notice for CWS.
(a)
If a CWS O/O is unable to provide public notice within 30 days as
required by Env-Dw 801.08(a), the O/O shall submit a
request for an extension in writing to the department.
(b)
A request for an extension shall:
(1) Be filed prior to the expiration of the
30-day notice period;
(2) Identify the CWS by name
and PWS identifier;
(3) Explain why the O/O is unable to provide the
required notice within the required time;
(4) Identify the length of the extension being
requested; and
(5) Describe what alternative(s), if any, will be
used by the O/O prior to providing the required notice to ensure that public
health will be protected.
(c)
The department shall respond to the extension request in writing. If the request is denied, the department
shall specify the reason(s) for the denial.
(d)
The department shall approve the extension request if it finds that the
alternative(s) proposed will:
(1) Adequately protect human health and the
environment; and
(2) Meet all applicable federal requirements.
(e) An extension granted by the
department shall extend the time for providing the initial notice not more than
3 months from the date the water system learns of the violation.
(f) In no
event shall an extension request be approved for any ongoing violations.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
801.10 Alternate Frequency for Repeat
Standard Public Notice for CWS.
(a) If a CWS O/O who
is required to provide repeat notice under Env-Dw
801.08(f) wishes to provide repeat notice less frequently than once every 3
months, the O/O shall submit a request for a modification of the repeat notice
frequency in writing to the department.
(b)
A request for an alternate repeat notice frequency shall:
(1) Be filed prior to the expiration of the
notice period required by Env-Dw 801.08(a) or
extension thereof granted pursuant to Env-Dw 801.09;
(2) Identify the CWS by name and PWS identifier;
(3)
Explain why the O/O is unable or unwilling to provide the required repeat
notice every 3 months;
(4) Identify the frequency being requested for
the repeat notices; and
(5) Explain how public health will be protected
even though the frequency of repeat notices would be reduced.
(c)
The department shall respond to the request for a modification of the
repeat notice frequency in writing. If
the request is denied, the department shall specify the reason(s) for the
denial.
(d)
The department shall approve the request if it finds that the proposed
frequency will:
(1) Adequately protect human health and the
environment; and
(2) Meet all applicable federal requirements.
(e) In no event shall repeat notice be given less
frequently than once per year.
(f)
In no event shall the department approve a less frequent repeat notice
for an
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
801.11 Standard Public Notice for
Non-Community Water Systems (NCWS).
(a)
The O/O of a non-community water system (NCWS) shall provide notice, as
required by Env-Dw 801.01, in accordance with (b),
below, within 30 days of learning of any of the following violations or
situations:
(1) A violation of an applicable
(2) Any violation of the reporting and
recordkeeping requirements specified in Env-Dw 709,
Env-Dw 720.14(b) or Env-Dw
720.16(b);
(3) Any violation of the turbidity
(4) Any violation of a federal treatment
technique relating to filtration and disinfection as incorporated by Env-Dw 716, as noted in Env-Dw
801.05(h), where the department determines, after consultation in accordance
with Env-Dw 801.06, that the violation does not
impose an acute health risk that warrants notification to the public within 24
hours;
(5) Failure to take corrective action or failure
to maintain at least 4-log treatment of viruses before or at the first customer
as specified in Env-Dw 717;
(6) Failure to comply with ambient groundwater
quality standards (AGQS) as required by Env-Dw
707.02(b); or
(7) Failure to complete seasonal start-up
procedures and certification as required by Env-Dw
506.
(b)
The NCWS O/O shall notify each customer receiving a bill and the owner
of any other service connection through which water is delivered to the public of
any of the violations listed in (a), above, in such a manner that is calculated
to reach all persons served by the NCWS, by using at least one of the following
forms of delivery:
(1) Mail delivery;
(2) Door-to-door hand delivery; or
(3) Posting the notice in conspicuous locations
throughout the distribution system frequented by persons served by the system.
(c)
If the NCWS O/O determines that persons served by the NCWS cannot be
reached using the delivery methods specified in (a), above, the O/O shall issue
notice to persons served by the NCWS using one of the following methods:
(1) Publication in a local
newspaper or newsletter distributed to persons served by the NCWS;
(2) Delivery of multiple
copies for distribution by customers that provide the water to others, such as
apartment building owners, schools, or large private employers;
(3) Posting on
the internet or email broadcast to all persons served by the system; or
(4) Delivery of
one or more copies to community organizations.
(d)
Within 10 days of providing notice to its customers, the NCWS O/O shall
submit to the department the certification specified in Env-Dw
801.18.
(e)
If the NCWS O/O elects to provide public notice by posting the notice,
posting shall continue for as long as the violation persists
or 7 days, whichever is longer.
(f)
Subject to (g), below, the NCWS O/O shall repeat the public notice for
the standard violations described in (a), above, every 3 months for as long as
the violation persists unless the NCWS owner
requests, and the department approves, a different frequency pursuant to Env-Dw 801.13.
(g)
If a monitoring violation occurs at a seasonal system that will not be
in operation for at least 3 months following the issuance of the public notice,
the NCWS O/O shall also post the notice upon the reopening of the system the
following season. If such additional
posting is required, the notice shall remain posted for
7 days or as long as the violation persists,
whichever is longer.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
801.12 Request for Extension of Standard
Violation Public Notice for NCWS.
(a) If an NCWS O/O is unable to
provide public notice within 30 days as required by Env-Dw
801.11(a), the O/O shall submit a request for an extension in writing to the
department.
(b)
A request for an extension shall:
(1) Be filed prior to the expiration of the
30-day notice period;
(2) Identify the water system by name and PWS
identifier;
(3) Explain why the O/O is unable to provide the
required notice within the required time;
(4) Identify the length of the extension being
requested; and
(5) Describe what alternative(s), if any, will be
used by the O/O prior to providing the required notice to ensure that public
health will be protected.
(c)
The department shall respond to the extension request in writing. If the request is denied, the department
shall specify the reason(s) for the denial.
(d)
The department shall approve the extension request if it finds that the
alternative(s) proposed will:
(1) Adequately protect human health and the
environment; and
(2) Meet all applicable federal requirements.
(e) An extension granted by the
department shall extend the time for providing notice not more than 3 months
from the date the water system learns of the violation.
(f) In
no event shall an extension request be approved for any ongoing violations.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
801.13 Alternate Frequency for Repeat
Standard Public Notice for NCWS.
(a) If an NCWS O/O
who is required to provide repeat notice under Env-Dw
801.11(f) wishes to provide repeat notice less frequently than once every 3
months, the O/O shall submit a request for a modification of the repeat notice
frequency in writing to the department.
(b)
A request for an alternate repeat notice frequency shall:
(1)
Be filed prior to the expiration of the notice period required by Env-Dw 801.11(a) or extension thereof granted pursuant to Env-Dw 801.12;
(2) Identify the NCWS by name and PWS identifier;
(3) Explain why the O/O is unable or unwilling to
provide the required repeat notice every 3 months;
(4) Identify the frequency being requested for
the repeat notices; and
(5) Explain how public health will be protected
even though the frequency of repeat notices would be reduced.
(c)
The department shall respond to the request for a modification of the
repeat notice frequency in writing. If
the request is denied, the department shall specify the reason(s) for the
denial.
(d)
The department shall approve the request if it finds that the proposed
frequency will:
(1) Adequately protect human health and the
environment; and
(2) Meet all applicable federal requirements.
(e) In no event shall repeat notice be given less
frequently than once per year.
(f) In no event
shall the department approve a less frequent repeat notice for an
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
801.14 Notice to New Billing Units or
New Customers for CWS and NCWS.
(a)
A CWS O/O shall give to each new billing unit or new hookup, prior to or
at the time service begins, a copy of the most recent public notice for any of
the following:
(1) Any outstanding violation;
(2) The existence of any exemption; or
(3) Any other ongoing situation for which public
notice is required.
(b)
An NCWS O/O shall continuously post the public notice for any of the
violations or situations identified in (a)(1) through
(3), above, for as long as the violation, exemption, or other situation
persists or 7 days, whichever is longer.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
801.15 Limiting Public Notice.
(a)
If any PWS has a violation or situation requiring public notice in a
portion of the distribution system that is hydraulically separate from other
parts of the distribution system, the O/O may request the department to allow
notice to be distributed to only persons served by the part of the system that
is affected.
(b)
To file a request for permission to limit notice distribution, the O/O
shall:
(1) Identify the PWS by name
and PWS identifier;
(2) Identify the portion of the distribution
system that is hydraulically separate from other parts of the distribution
system; and
(3) Submit a signed statement certifying that the
violation(s) or situation occurred only within the separate portion of the
distribution system.
(c)
If the department determines that the O/O has demonstrated
that the violation(s) or situation occurred only
within the hydraulically-separate portion of the distribution system, the department
shall allow the O/O to give public notice to only that portion
of the PWS which is affected.
(d)
The department’s decision on the request shall be in writing. If the request is denied, the department
shall specify the reason(s) for the denial.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
801.16 Requirements for All Public
Notices.
(a)
Where these rules do not provide specific language or a template for a
condition requiring public notice, the O/O shall prepare the notice in
consultation with the department.
(b)
Each public notice shall:
(1) When posted, be displayed in a conspicuous
manner;
(2) Be written using language that is likely to
be understood by the average customer, and not contain unduly technical
language;
(3) Be written using a font size that is readable
at the distance at which most people would read it, such that a posted notice
shall have a larger font size than a mailed notice, and neither shall have
unduly small print; and
(4) Not be worded or formatted in a way which
defeats or nullifies the purpose of the notice.
(c)
Where more than 20% of the water system users do not speak English, the
public notice shall contain information regarding the importance of the notice
and the telephone number and address, in the appropriate language, where a
translated notice or further information regarding the notice can be obtained.
(d)
When public notice is to be issued to children or to adults of impaired
understanding, the notice may be given to the legal guardian of the user.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; rpld by #10771, eff 2-1-15; ss by #12675 (formerly Env-Dw 801.17)
Env-Dw
801.17 Department Action When O/O
Fails to Notify.
(a)
The department shall issue public notice on behalf of the O/O if the
department determines that the O/O failed to issue public notice as required by
this part and:
(1) The failure to issue public notice may pose a
risk to human health as identified in Env-Dw 700; or
(2) The O/O fails to recognize or acknowledge any
other violation of Env-Dw 700.
(b)
Even if the department provides notice pursuant to (a), above, the O/O
shall remain subject to enforcement under RSA 485:58 for failing to provide
public notice and for any other violations of this part.
(c)
The department shall issue a public notice violation if the O/O fails to
comply with the timing, content, delivery, or certification requirements of
this part.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by #12675,
eff 1-1-19 (formerly Env-Dw 801.18)
Env-Dw
801.18 Certification of Public Notice.
(a)
Within 10 days of completing the public notification requirements, the
O/O shall certify to the department, in writing, that the O/O has fully
complied with all public notice requirements specified in this part.
(b)
The certification required by (a), above, shall consist of:
(1) A representative copy of each type of public
notice distributed, published, posted, or otherwise made available to the
persons served by the system and the media, including any initial and repeat
notices;
(2) If notice was given by publication in a
newspaper as specified in Env-Dw 801.07(b)(2)a. or
Env-Dw 801.08(c)(1), a copy of:
a. One complete newspaper page which shows the
newspaper name and publication date, together with the dates of each of the 2
consecutive issues; or
b. A copy of the tear sheet and invoice showing
the publication run dates; and
(3) A statement signed by the O/O certifying
when, where, how, and by whom public notice was given.
(c)
The O/O shall submit a new certification to the department, as specified
in (a) and (b), above, for any repeat public notices.
(d)
The O/O shall retain a copy of the public notice and accompanying
certification for not less than 3 years after issuance.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 801.19)
Env-Dw
801.19 Distribution of Public Notice
within the Consumer Confidence Report.
(a)
A CWS O/O may use the consumer confidence report (CCR) required by Env-Dw 811 to meet the requirements of this part for the violations
or situations listed in (b), below, provided:
(1) The CCR contains all information required in
Env-Dw 801.02 and Env-Dw
801.03;
(2)
The CCR is distributed not later than one year after the O/O learns of the
violation or situation; and
(3) The owner notifies the department in writing,
within 30 days of learning of the violation or situation, that the CCR will be
used as the public notice mechanism.
(b)
The following violations or situations may be reported in the CCR:
(1) Annual notice of secondary fluoride
exceedance; or
(2) The availability of unregulated contaminant
monitoring results.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 801.20)
PART
Env-Dw 802
NOTICES FOR EXEMPTIONS
Env-Dw
802.01 Notices of Exemptions. The O/O shall
notify persons served by the PWS in accordance with this part whenever:
(a)
An exemption is granted to the PWS under RSA 485:42; or
(b)
A condition of an exemption granted to the PWS is violated.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss #12675, eff 1-1-19
Env-Dw
802.02 Required Initial Notice. Except as provided in Env-Dw
802.04 or Env-Dw 802.05, as applicable, the O/O shall
give notice within 3 months of the initial granting of an exemption or initial
discovery of a violation of a condition of an exemption granted to the PWS by
publication in:
(a)
A daily newspaper of general circulation in the area served by the PWS;
or
(b)
If the area served by the PWS is not served by a daily newspaper of
general circulation, a weekly newspaper of general circulation serving the
area.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
802.03 Required On-Going Notices. Except as provided in Env-Dw
802.04 or Env-Dw 802.05, as applicable, subsequent to
giving initial notice the O/O shall give repeat notice of the
existence of an exemption or violation of a condition of an exemption every 3
months for as long as the exemption remains in effect or the violation
persists.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
802.04 Alternative Notice for CWS.
(a)
In lieu of providing notice as specified in Env-Dw
802.02, the CWS O/O in an area that is not served by a daily or weekly
newspaper of general circulation shall give initial notice within 3 months of
the granting of an exemption or the discovery of a violation of a condition of
the exemption as follows:
(1) By mail or hand delivery to each customer
receiving a bill and to other service connections to which water is delivered
by the CWS; and
(2) For those people regularly served by the CWS
who would not normally be reached by delivery in accordance with (1), above, by
continuous posting in conspicuous places within the area served by the CWS.
(b)
If the CWS O/O provides initial notice by posting, the O/O shall
maintain the posting for as long as the violation
persists or the exemption remains in effect.
(c)
If the CWS O/O provides initial notice by mail or hand delivery, the O/O
shall repeat the mail or hand delivery at least once every 3 months for as long
as the violation persists or the exemption
remains in effect.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
802.05 Alternative Notice for NCWS.
(a)
In lieu of providing notice as specified in Env-Dw
802.02, the NCWS O/O shall give notice within 3 months of the granting of
an exemption or the discovery of a violation of a condition of the exemption as
follows:
(1) By hand delivery to each customer receiving a
bill and to other service connections to which water is delivered by the NCWS;
and
(2) For those people regularly served by the NCWS
who would not normally be reached by delivery in accordance with (1), above, by
continuous posting in conspicuous places within the area served by the NCWS.
(b)
If the NCWS O/O provides initial notice by posting, the O/O shall
maintain the posting for as long as the violation
persists or the exemption remains in effect.
(c)
If the NCWS O/O provides initial notice by hand delivery, the O/O shall
repeat the hand delivery at least every 3 months for as long as the violation persists or the exemption remains in
effect.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
802.06 Required Notice Content. The public notice shall contain the following
information:
(a)
The date on which the exemption was issued;
(b)
The date the exemption is to be renewed;
(c)
An explanation of why the exemption was granted;
(d)
A brief status report on the steps the O/O has taken to install
treatment, find alternative sources of water, or otherwise comply with the
terms and schedules of the exemption;
(e)
Notice of any opportunity for public input in the review or renewal of
the exemption; and
(f)
The following definition:
“Exemptions: State or EPA permission not to meet an
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
PART
Env-Dw 803
NOTIFICATIONS FOR FLUORIDE, CRYPTOSPORIDIUM, AND UNREGULATED
CONTAMINANTS
Env-Dw
803.01 Compliance with Secondary
Maximum Contaminant Level and Public Notification for Fluoride.
(a)
Subject to (c) below, the O/O of a CWS or a non-transient non-community
water system (NTNC) at which the level of fluoride exceeds the secondary MCL specified in Env-Dw 706.01
but not the MCL specified in Env-Dw 704.02
shall provide the notice prescribed in (b), below, to all billing units
annually, to all new billing units at the time service begins, and to the New
Hampshire public health officer at the department of health and human services.
(b)
The public notice required by (a), above, shall:
(1) Contain the language
specified in Env-Dw 801.03 and Env-Dw 806.11; and
(2) Be provided as
soon as practical but not later than 12 months from the day the CWS or NTNC O/O learns of the exceedance.
(c)
The O/O of an NTNC shall
provide notice under this section only if it serves children under the age of
9, which is the population subject to dental fluorosis.
(d)
A CWS O/O may provide notice as required in Env-Dw
801.08 through the
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
803.02 Public Notice for
Cryptosporidium.
(a)
If the O/O of a PWS that is required to monitor source water under Env-Dw 716 fails to collect any 3 months of monitoring as
specified in 40 CFR 141.701(c) incorporated by reference at Env-Dw 716.09, the O/O shall provide the notice specified in
(c), below, to all persons served by the system no later than 30 days after
learning of the violation.
(b)
The O/O of a PWS that is required to determine a
bin classification as specified in 40 CFR 141.710
incorporated by reference at Env-Dw 716.09, or to determine
mean Cryptosporidium level under 40 CFR 141.712
incorporated by reference at Env-Dw 716.09, shall provide
the notice that the determination has not been made as required, as specified
in (c), below, to all persons served by the system no later than 30 days after
the system has failed to report the determination as specified in 40 CFR
141.710(e) or 40 CFR 141.712(a), respectively.
(c)
The notice required by (a), above, shall:
(1) Contain the language specified in 40 CFR 141.211(d)(1) and (3);
(2) If posted, remain in place for as long as the
violation or situation persists or 7 days, whichever is longer; and
(3) Be repeated as specified 40 CFR
141.203(b)(2).
(d)
The notice required by (b), above, shall:
(1) Contain the language specified in 40 CFR 141.211(d)(2) and (3);
(2) If posted, remain in place for as long as the violation or
situation persists or 7 days, whichever is longer; and
(3)
Be repeated as specified 40 CFR 141.203(b)(2).
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
803.03 Public Notice of the
Availability of Unregulated Contaminant Monitoring Results.
(a) The O/O of a PWS at which
monitoring under the unregulated contaminant monitoring rule identified in 40
CFR 141.40 is conducted shall issue public notice of the availability of the
monitoring results to persons served by the PWS as specified in (b) through
(e), below.
(b)
The notice shall contain the information specified in Env-Dw 801.03.
(c)
Within 12 months of the receipt of the results, the O/O of a CWS shall
issue the notice either in accordance with Env-Dw
801.08(b) through (d) or through the CCR in accordance with Env-Dw 801.19.
(d) Within 12 months of the receipt of
the results, the O/O of a NCWS shall issue the notice in
accordance with Env-Dw 801.11(b) and (c).
(e)
Within 10 days of providing notice to its customers, the O/O shall submit the
certification specified in Env-Dw 801.18 to the
department.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
PART
Env-Dw 804
HEALTH EFFECTS LANGUAGE FOR MICROBIOLOGICAL, CORROSION CONTROL,
TURBIDITY, AND SEASONAL SYSTEMS
Env-Dw
804.01 Required Health Effects
Language for Microbiological Contaminants.
(a)
The O/O shall use one or more of the statements listed in (b) through (h),
below, as applicable, as the statement required by Env-Dw
801.03(a)(3) to describe the adverse health effects for microbiological
contaminants specified in Env-Dw 702.
(b)
For an E. coli detection or MCL exceedance, the statement
shall read as follows:
“E.
coli are bacteria whose presence indicates that the water may be
contaminated with human or animal wastes.
Human pathogens in these wastes can cause short-term effects, such as
diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for
infants, young children, the elderly, and
people with severely compromised immune systems.”
(c)
For total coliform assessment and corrective action violations, the
statement shall read as follows:
“Coliforms
are bacteria that are naturally present in the environment and are used as an
indicator that other, potentially-harmful, waterborne pathogens may be present
or that a potential pathway exists through which contamination may enter the
drinking water distribution system. We
found coliforms indicating the need to look for potential problems in water
treatment or distribution. When this
occurs, we are required to conduct assessments to identify problems and to
correct any problems that were found during these assessments.”
(d)
For total coliform assessment and corrective action violations, the O/O
also shall include one of the following statements, as applicable:
(1) “We failed to conduct the required
assessment.”; or
(2) “We failed to correct all identified sanitary
defects that were found during the assessment(s).”
(e)
For E. coli assessment and corrective action violations,
the statement shall read as follows:
“E.
coli are bacteria whose presence indicates that the water may be
contaminated with human or animal wastes.
Human pathogens in these wastes can cause short-term effects, such as
diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for
infants, young children, the elderly, and
people with severely compromised immune systems. We violated the standard for E. coli,
indicating the need to look for potential problems in water treatment or
distribution. When this occurs, we are
required to conduct a detailed assessment to identify problems and to correct
any problems that are found.”
(f)
For E. coli assessment and corrective action violations,
the system also shall include one of the following statements, as applicable:
(1) “We failed to conduct the required
assessment.”; or
(2) “We failed to correct all identified sanitary
defects that were found during the assessment we conducted.”
(g)
For the presence of Giardia lamblia, the statement shall
read as follows:
“Inadequately
treated water may contain disease-causing organisms. These organisms include bacteria, viruses,
and parasites, which can cause symptoms such as nausea, cramps, diarrhea, and
associated headaches.”
(h)
The O/O shall use the following as the statement required by Env-Dw 801.03(a)(3) to describe the adverse health effects when
there is a violation of the treatment technique for filtration and disinfection
specified in Env-Dw 716:
“Inadequately
treated water may contain disease-causing organisms. These organisms include bacteria, viruses,
and parasites, which can cause symptoms such as nausea, cramps, diarrhea, and
associated headaches.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
804.02 Required Health Effects
Language for Exceedance of the Copper Action Level. The O/O shall use the following as the
statement required by Env-Dw 801.03(a)(3) to describe
the adverse health effects when the copper action level specified in Env-Dw 714 is exceeded:
“Copper
is an essential nutrient, but some people who drink water containing copper in
excess of the action level over a relatively short amount of time could
experience gastrointestinal distress.
Some people who drink water containing copper in excess of the action
level over many years could suffer liver or kidney damage. People with Wilson’s Disease should consult
with their personal doctor.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
804.03 Required Health Effects
Language for Failure to Install Optimal Corrosion Control. The O/O shall use one or both of the
following, as applicable, as the statement required by Env-Dw
801.03(a)(3) to describe the adverse health effects for violations of corrosion
control treatment techniques required for lead, copper, or both specified in Env-Dw 714:
(a)
For the presence of lead:
“Infants
and children who drink water containing lead in excess of the action level
could experience delays in their physical or mental development. Children could show slight deficits in
attention span and learning abilities.
Adults who drink this water over many years could develop kidney
problems or high blood pressure.”
(b)
For the presence of copper:
“Copper
is an essential nutrient, but some people who drink water containing copper in
excess of the action level over a relatively short amount of time could
experience gastrointestinal distress.
Some people who drink water containing copper in excess of the action
level over many years could suffer liver or kidney damage. People with Wilson's Disease should consult
with their personal doctor.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
804.04 Required Health Effects Language
for Turbidity Violations. The O/O
shall use the following as the statement required by Env-Dw
801.03(a)(3) to describe the adverse health effects for violations of the
turbidity
“Turbidity
has no health effects. However,
turbidity can interfere with disinfection and provide a medium for microbial
growth. Turbidity may indicate the
presence of disease-causing organisms.
These organisms include bacteria, viruses, and parasites that can cause
symptoms such as nausea, cramps, diarrhea, and associated headaches.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
804.05 Required Health Effects
Language for Seasonal Systems. The
O/O of a seasonal PWS shall use the following, as applicable, as the
statement(s) required by Env-Dw 801.03(a)(3):
(a)
For the failure to monitor or report total coliforms or E. coli in accordance with Env-Dw 709, the
mandatory language found at Env-Dw 801.03(h); and
(b)
For violations as specified in Env-Dw
506.07, for
the failure to complete other actions, the language specified in Env-Dw 801.03.
Source. #10771, eff 2-1-15; ss by #12675, eff 1-1-19
PART Env-Dw 805 HEALTH
EFFECTS LANGUAGE FOR RADIOLOGICAL CONTAMINANTS
Env-Dw
805.01 Required Health Effects
Language for Radiological Contaminants.
The O/O shall use the language specified in this part, as applicable, as
the statement required by Env-Dw 801.03(a)(3) to
describe the adverse health effects for the radiological contaminants specified
in Env-Dw 703.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
805.02 Compliance Gross Alpha. For compliance gross alpha violations, the
statement shall read as follows:
“Certain
minerals are radioactive and may emit a form of radiation known as alpha
radiation. Some people who drink water
containing alpha emitters in excess of the MCL over many years may have an
increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
805.03 Uranium. For uranium violations, the statement shall
read as follows:
“Some
people who drink water containing uranium in excess of the MCL over many years
may have an increased risk of getting cancer and kidney toxicity.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
805.04 Radium 226 and Radium 228.
For radium 226 or radium 228 violations, the statement shall read as
follows:
“Some
people who drink water containing radium 226 or radium 228 in excess of the MCL
over many years may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
805.05 Beta Radiation and Photon
Emitters. For beta radiation or
photon emitters violations, the statement shall read as follows:
“Certain
minerals are radioactive and may emit forms of radiation known as photons and
beta radiation. Some people who drink
water containing beta and photon emitters in excess of the MCL over many years
may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
805.06 Alpha Emitters. For alpha emitters violations, the statement
shall read as follows:
“Certain
minerals are radioactive and may emit a form of radiation known as alpha
radiation. Some people who drink water
containing alpha emitters in excess of the MCL over many years may have an
increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
PART Env-Dw 806 HEALTH EFFECTS LANGUAGE FOR INORGANIC
CHEMICAL CONTAMINANTS
Env-Dw
806.01 Required Health Effects Language for Regulated Inorganic Chemical
(IOC) Contaminants. The O/O shall
use the statements specified in this part, as applicable, as the statement
required by Env-Dw 801.03(a)(3) to describe the
adverse health effects for the IOC contaminants specified in Env-Dw 704.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.02 Antimony. For antimony violations, the statement shall
read as follows:
“Some
people who drink water containing antimony well in excess of the MCL over many
years could experience increases in blood cholesterol and decreases in blood
sugar.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.03 Arsenic. For arsenic violations, the statement shall
read as follows:
“Some
people who drink water containing arsenic in excess of the MCL over many years
could experience skin damage or problems with their circulatory system, and may
have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw 806.04 Asbestos. For asbestos violations, the statement shall
read as follows:
“Some
people who drink water containing asbestos in excess of the MCL over many years
may have an increased risk of developing benign intestinal polyps.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.05 Barium. For barium violations, the statement shall
read as follows:
“Some
people who drink water containing barium in excess of the MCL over many years
could experience an increase in their blood pressure.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.06 Beryllium. For beryllium violations, the statement shall
read as follows:
“Some
people who drink water containing beryllium well in excess of the MCL over many
years could develop intestinal lesions.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.07 Cadmium. For cadmium violations, the statement shall
read as follows:
“Some
people who drink water containing cadmium in excess of the MCL over many years
could experience kidney damage.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.08 Chromium. For chromium violations, or total chromium
violations, the statement shall read as follows:
“Some
people who use water containing chromium well in excess of the MCL over many
years could experience allergic dermatitis.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.09 Cyanide. For cyanide violations, the statement shall
read as follows:
“Some
people who drink water containing cyanide well in excess of the MCL over many
years could experience nerve damage or problems with their thyroid.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.10 Fluoride MCL. For a violation of the MCL for fluoride specified in Env-Dw 704,
the statement shall read as follows:
“Some
people who drink water containing fluoride in excess of the MCL over many years
could get bone disease, including pain and tenderness of the bones. Fluoride in
drinking water at half the MCL or more may cause mottling of children's teeth,
usually in children less than nine years old. Mottling, also known as dental
fluorosis, may include brown staining and/or pitting of the teeth, and occurs
only in developing teeth before they erupt from the gums.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.11 Fluoride SMCL. For an exceedance of the secondary MCL for
fluoride specified in Env-Dw 706.01(b), the statement
shall read as follows:
“This
is an alert about your drinking water and a cosmetic dental problem that might
affect children under 9 years of age. At low levels, fluoride can help prevent
cavities, but children drinking water more than 2 milligrams per liter (mg/l)
of fluoride may develop cosmetic discoloration of their permanent teeth (dental
fluorosis). The drinking water provided
by your community water system [name] has a fluoride concentration of [insert
value] mg/l.
Dental
fluorosis, in its moderate or severe forms, may result in brown staining and or
pitting of the permanent teeth. This problem occurs only in developing teeth,
before they erupt from the gums. Children under nine should be provided with
alternative sources of drinking water or water that has been treated to remove
the fluoride to avoid the possibility of staining and pitting of their
permanent teeth. You may also want to contact your dentist about proper use by
young children of fluoride-containing products. Older children and adults may
safely drink the water.
Drinking
water containing more than 4 mg/l of fluoride (the U.S. Environmental
Protection Agency's drinking water standard) can increase your risk of
developing bone disease. Your drinking water does not contain more than 4 mg/l
of fluoride, but we are required to notify you when we discover that fluoride
levels in your drinking water exceed 2 mg/l because of this cosmetic dental
problem.
For
more information, please call [name of water system contact] of [name of
community water system] at [telephone number].
Some home water treatment units are also available to remove fluoride
from drinking water. To learn more about available home water treatment units,
you may call NSF International at 1-877-8-NSF-HELP.
Please
share this information with all the other people who have children who drink
this water, especially those who may not have received this notice directly
(for example, people in apartments, schools, and daycares). You can do this by
posting this notice in a public place or distributing copies by hand or mail.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.12 Mercury. For mercury violations, the statement shall
read as follow:
“Some
people who drink water containing inorganic mercury well in excess of the MCL
over many years could experience kidney damage.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.13 Nitrate. For nitrate violations, the statement shall
read as follows:
“Infants
below the age of six months who drink water containing nitrate in excess of the
MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue
baby syndrome.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.14 Nitrite. For nitrite violations, the statement shall
read as follows:
“Infants
below the age of six months who drink water containing nitrite in excess of the
MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue
baby syndrome.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.15 Total Nitrate and Nitrite. For total nitrate and nitrite violations, the
statement shall read as follows:
“Infants
below the age of six months who drink water containing nitrate and nitrite in
excess of the MCL could become seriously ill and, if untreated, may die. Symptoms include shortness of breath and blue
baby syndrome.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.16 Selenium. For selenium violations, the statement shall
read as follows:
“Selenium
is an essential nutrient. However, some
people who drink water containing selenium in excess of the MCL over many years
could experience hair or fingernail losses, numbness in fingers or toes, or
problems with their circulation.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
806.17 Thallium. For thallium violations, the statement shall
read as follows:
“Some
people who drink water containing thallium in excess of the MCL over many years
could experience hair loss, changes in their blood, or problems with their
kidneys, intestines, or liver.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
PART
Env-Dw 807
HEALTH EFFECTS LANGUAGE FOR VOLATILE ORGANIC
CHEMICAL (VOC)
CONTAMINANTS
Env-Dw
807.01 Required Health Effects
Language for Regulated Volatile Organic Chemical
(VOC)
Contaminants.
The O/O shall use the statements specified in this part, as applicable,
as the statement required by Env-Dw 801.03(a)(3) to
describe the adverse health effects for the VOC contaminants specified in Env-Dw 705.01 and for
exceedances of an AGQS for a VOC specified in Env-Or 600.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.02 Benzene. For benzene violations, the statement shall
read as follows:
“Some
people who drink water containing benzene in excess of the MCL over many years
could experience anemia or a decrease in blood platelets, and may have an
increased risk in getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.03 Carbon Tetrachloride. For carbon
tetrachloride violations, the statement shall read as follows:
“Some
people who drink water containing carbon tetrachloride in excess of the MCL
over many years could experience problems with their liver and may have an
increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.04 Chlorobenzene. For
chlorobenzene violations, the statement shall read as follows:
“Some
people who drink water containing chlorobenzene in excess of the MCL over many
years could experience problems with their liver or kidneys.”
Source. #12675, eff 1-1-19
Env-Dw
807.05 o-Dichlorobenzene (1,2-Dichlorobenzene). For o-dichlorobenzene or
1,2-dichlorobenzene violations, the statement shall read as follow:
“Some
people who drink water containing o-dichlorobenzene well in excess of the MCL
over many years could experience problems with their liver, kidneys or
circulatory systems.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.04)
Env-Dw
807.06 para-Dichlorobenzene (1,4-Dichlorobenzene). For p-dichlorobenzene
or 1,4-dichlorobenzene violations, the statement shall read as follows:
“Some
people who drink water containing p-dichlorobenzene in excess of the MCL over
many years could experience anemia, damage to their liver, kidneys, or spleen,
or changes in their blood.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.05)
Env-Dw
807.07 1,2-Dichloroethane. For
1,2-dichloroethane violations, the statement shall read as follows:
“Some
people who drink water containing 1,2-dichloroethane in excess of the MCL over
many years may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.06)
Env-Dw
807.08 1,1-Dichloroethylene. For
1,1-dichloroethylene violations, the statement shall read as follows:
“Some
people who drink water containing 1,1 dichloroethylene in excess of the MCL
over many years could experience problems with their liver.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.07)
Env-Dw
807.09 cis-1,2-Dichloroethylene. For
cis-1,2-dichloroethylene violations, the statement shall read as follows:
“Some
people who drink water containing cis-1,2-dichloroethylene in excess of the MCL
over many years could experience problems with their liver.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by #12675,
eff 1-1-19 (formerly Env-Dw 807.08)
Env-Dw
807.10 trans-1,2-Dichloroethylene. For
trans-1,2-dichloroethylene violations, the
statement shall read as follows:
“Some
people who drink water containing trans-1,2-dichloroethylene well in excess of
the MCL over many years could experience problems with their liver.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.09)
Env-Dw
807.11 Dichloromethane (Methylene
Chloride). For
dichloromethane or methylene chloride violations, the statement shall read as
follows:
“Some
people who drink water containing dichloromethane in excess of the MCL over
many years could have liver problems and may have an increased risk of getting
cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.10)
Env-Dw 807.12 1,2-Dichloropropane. For
1,2-dichloropropane violations, the statement shall
read as follows:
“Some
people who drink water containing 1,2-dichloropropane in excess of the MCL over
many years may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.11)
Env-Dw 807.13 Diisopropyl
ether (DIPE). For diisopropyl ether (DIPE) violations,
the statement shall read as follows:
“Some people who
drink water containing diisopropyl ether (DIPE) in excess
of the New Hampshire Ambient Groundwater Quality
Standard (AGQS) over many years may experience toxic effects to their liver and
kidneys.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.12)
Env-Dw 807.14 1,4-Dioxane. For 1,4-dioxane violations, the statement
shall read as follows:
“Some people who
drink water containing 1,4-dioxane in excess of the Ambient Groundwater Quality Standard (AGQS)
over many years may experience toxic effects to their liver and kidney as well
as have an increased risk of developing cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.13)
Env-Dw
807.15 Ethyl tertiary butyl ether (EtBE). For ethyl
tertiary butyl ether (EtBE) violations, the statement shall
read as follows:
“Some people who drink water containing
ethyl tertiary butyl ether (ETBE) in excess of the New Hampshire Ambient
Groundwater Quality Standard (AGQS) over many years may experience toxic
effects to their liver, kidneys, and bone marrow as well as have an increased
risk of developing cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.14)
Env-Dw
807.16 Ethylbenzene. For ethylbenzene violations, the statement shall read as follow:
“Some
people who drink water containing ethylbenzene well in excess of the MCL over
many years could experience problems with their liver or kidneys.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.15)
Env-Dw
807.17 Methyl tertiary-butyl ether (MtBE). For methyl tertiary-butyl ether (MtBE) violations, the statement shall read as follows:
“Some people who drink water containing MtBE in
excess of the MCL over many years could experience problems with their kidneys and may have an increased risk of getting
cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19 (formerly Env-Dw 807.16)
Env-Dw
807.18 Styrene. For styrene violations, the statement shall read as follows:
“Some
people who drink water containing styrene well in excess of the MCL over many
years could have problems with their liver, kidneys, or circulatory system.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.19 Tertiary amyl methyl ether
(TAME). For tertiary amyl methyl
ether (TAME) violations, the statement shall read as follows:
“Some people who
drink water containing tertiary amyl methyl ether (TAME) in excess of the New Hampshire Ambient
Groundwater Quality Standard (AGQS) over many years may experience toxic
effects to their kidneys and adrenal gland as well as have an increased risk of
developing cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.20 Tertiary butyl alcohol (TBA). For tertiary butyl alcohol (TBA) violations,
the statement shall read as follows:
“Some people who drink water
containing tertiary butyl alcohol (TBA) in excess of the New Hampshire Ambient
Groundwater Quality Standard (AGQS) over many years may experience toxic
effects to their kidneys, bladder, and thyroid gland as well as have an
increased risk of developing cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.21 Tetrachloroethylene. For
tetrachloroethylene violations, the statement
shall read as follows:
“Some
people
who drink water containing tetrachloroethylene in excess of the MCL over many
years could have problems with their liver, and may have an increased risk of
getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.22 Toluene. For toluene the
statement shall read as follows:
“Some
people who drink water containing toluene well in excess of the MCL over many
years could have problems with their nervous system, kidneys, or liver.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.23 1,2,4- Trichlorobenzene. For 1,2,4
trichlorobenzene violations, the statement
shall read as follows:
“Some
people who drink water containing 1,2,4-trichlorobenzene well in excess of the
MCL over many years could experience changes in their adrenal glands.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.24 1,1,1-Trichloroethane. For
1,1,1-trichloroethane violations, the statement
shall read as follows:
“Some
people
who drink water containing 1,1,1-trichloroethane in excess of the MCL over many
years could experience problems with their liver, nervous system, or
circulatory system.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.25 1,1,2-Trichloroethane. For 1,1,2
trichloroethane violations, the statement
shall read as follows:
“Some
people who drink water containing 1,1,2-trichloroethane well in excess of the
MCL over many years
could have problems with their liver, kidneys, or immune systems.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.26 Trichloroethylene. For
trichloroethylene violations, the statement shall read as follows:
“Some
people who drink water containing trichloroethylene in excess of the MCL over
many years could experience
problems with their liver and may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.27 Vinyl chloride. For vinyl chloride
violations, the statement shall read as follows:
“Some
people
who drink water containing vinyl chloride in excess of the MCL over many years
may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
807.28 Xylene, Total. For total
xylenes violations, the statement shall read as follows:
“Some
people
who drink water containing xylenes in excess of the MCL over many years could
experience damage to their nervous system.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
PART Env-Dw
808 HEALTH EFFECTS LANGUAGE FOR SYNTHETIC ORGANIC
CHEMICAL (SOC)
CONTAMINANTS AND PER- AND POLYFLUOROALKYL SUBSTANCES (PFAS) CONTAMINANTS
Env-Dw
808.01 Required Health Effects
Language for Regulated Synthetic Organics Chemical (SOC) Contaminants
and Per-
and Polyfluoroalkyl Substances (PFAS) Contaminants. The O/O shall
use the statements specified in this part, as applicable, as the statement
required by Env-Dw 801.03(a)(3) to describe the
adverse health effects for the synthetic
organic chemical (SOC) contaminants specified in Env-Dw 705.02 and the per- and
polyfluoroalkyl substances (PFAS) contaminants
specified in Env-Dw 705.06.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; ss by #12838, eff 9-30-19
Env-Dw
808.02 Alachlor (Lasso). For alachlor violations, the statement shall
read as follows:
“Some
people who drink water containing alachlor in excess of the MCL over many years
could have problems with their eyes, liver, kidneys, or spleen, or experience
anemia, and may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.03 Aldicarb (Temik). For aldicarb violations, the statement shall
read as follows:
“The
United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that aldicarb is a health concern at certain
levels of exposure. Aldicarb is a widely
used pesticide. Under certain soil and
climate conditions (e.g. sandy soil and high rainfall), aldicarb may leach into
groundwater after normal agricultural application to crops such as potatoes or
peanuts or may enter drinking water supplies as a result of surface
runoff. This chemical has been shown to
damage the nervous system in laboratory animals such as rats and dogs exposed
to high levels. EPA has set the drinking
water standard for aldicarb at 0.003 parts
per million (ppm) to protect against the risk of adverse health effects. Drinking water that meets the EPA standard is
associated with little to none of this risk and is considered safe with respect
to aldicarb.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.04 Aldicarb Sulfoxide. For aldicarb sulfoxide violations, the
statement shall read as follows:
“The
United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that aldicarb sulfoxide is a health concern at
certain levels of exposure. Aldicarb is
a widely used pesticide. Aldicarb
sulfoxide in groundwater is primarily a breakdown product of aldicarb. Under certain soil and climate conditions
(e.g. sandy soil and high rainfall) aldicarb sulfoxide may leach into
groundwater after normal agricultural application to crops such as potatoes or
peanuts or may enter drinking water supplies as a result of surface water
runoff. This chemical has been shown to
damage the nervous system in laboratory animals such as rats and
dogs
exposed to high levels. EPA has set the
drinking water standard for aldicarb sulfoxide at 0.004 parts per million (ppm)
to protect against the risk of adverse health effects. Drinking water that meets the EPA standard is
associated with little to none of this risk and is considered safe with respect
to aldicarb sulfoxide.”
Source. (See Revision
Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.05 Aldicarb Sulfone (Aldoxycarb). For
aldicarb sulfone violations, the statement shall read as follows:
“The
United States Environmental Protection Agency (EPA) sets drinking water
standards and has determined that aldicarb sulfone is a health concern at
certain levels of exposure. Aldicarb is
a widely used pesticide. Aldicarb
sulfone is formed from the breakdown of aldicarb and is considered for
registration as a pesticide under the name aldoxycarb. Under certain soil and climate conditions
(e.g. sandy soil and high rainfall) aldicarb sulfone may leach into groundwater
after normal agricultural application to crops such as potatoes or peanuts or
may enter drinking water supplies as a result of surface runoff. This chemical has been shown to damage the
nervous system in laboratory animals such as rats and dogs exposed to high
levels. EPA has set the drinking water
standard for aldicarb sulfone at 0.002 parts per million (ppm) to protect
against the risk of adverse health effects.
Drinking water that meets the EPA standard is associated with little to
none of this risk and is considered safe with respect to aldicarb sulfone.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.06 Atrazine (Atranex,
Crisazine).
For atrazine violations, the statement shall read as follows:
“Some
people who drink water containing atrazine well in excess of the MCL over many
years could experience problems with their cardiovascular system or
reproductive difficulties.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.07 Carbofuran (Furadon, 4F). For
carbofuran violations, the statement shall read as follows:
“Some
people who drink water containing carbofuran in excess of the MCL over many
years could experience problems with their blood, or nervous or reproductive
systems.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.08 Chlordane. For chlordane violations, the statement shall
read as follows:
“Some
people who drink water containing chlordane in excess of the MCL over many
years could experience problems with their liver or nervous system, and may
have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.09 Dalapon. For dalapon
violations, the statement shall read as follows:
“Some
people who drink water containing dalapon well in
excess of the MCL over many years could experience minor kidney changes.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.10 Dibromochloropropane
(DBCP). For dibromochloropropane
(DBCP) violations, the statement shall read as follows:
“Some
people who drink water containing DBCP in excess of the MCL over many years
could experience reproductive difficulties and may have an increased risk of
getting cancer.”
Source.. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.11 Di(2-ethylhexyl)adipate. For di (2-ethylhexyl)adipate violations, the
statement shall read as follows:
“Some
people who drink water containing di (2-ethylhexyl) adipate well in excess of
the MCL over many years could experience toxic effects such as weight loss,
liver enlargement or possible reproductive difficulties.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.12 Di(2-ethylhexyl)phthalate. For di (2-ethylhexyl)phthalate violations,
the statement shall read as follows:
“Some
people who drink water containing di (2-ethylhexyl) phthalate well in excess of
the MCL over many years may have problems with their liver, or experience
reproductive difficulties, and may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.13 Dinoseb. For dinoseb violations,
the statement shall read as follows:
“Some
people who drink water containing dinoseb well in
excess of the MCL over many years could experience reproductive difficulties.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.14 Diquat. For diquat violations, the statement shall
read as follows:
“Some
people who drink water containing diquat in excess of the MCL over many years
could get cataracts.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.15 Endothall. For endothall violations, the statement shall
read as follows:
“Some
people who drink water containing endothall in excess of the MCL over may years
could experience problems with their stomach or intestines.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.16 Endrin. For endrin violations, the statement shall
read as follows:
“Some
people who drink water containing endrin in excess of the MCL over many years
could experience liver problems.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.17 Ethylene Dibromide (EDB). For ethylene dibromide (EDB) violations, the
statement shall read as follows:
“Some
people who drink water containing ethylene dibromide in excess of the MCL over
many years could experience problems with their liver, stomach, reproductive
system, or kidneys, and may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.18 Glyphosate. For glyphosate violations, the statement
shall read as follows:
“Some
people who drink water containing glyphosate in excess of the MCL over many
years could experience problems with their kidneys or reproductive
difficulties.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.19 Heptachlor. For heptachlor violations, the statement
shall read as follows:
“Some
people who drink water containing heptachlor in excess of the MCL over many
years could experience liver damage and may have an increased risk of getting
cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.20 Heptachlor Epoxide. For heptachlor epoxide violations, the
statement shall read as follows:
“Some
people who drink water containing heptachlor epoxide in excess of the MCL over
many years could experience liver damage, and may have an increased risk of
getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.21 Hexachlorobenzene. For hexachlorobenzene violations, the
statement shall read as follows:
“Some
people who drink water containing hexachlorobenzene in excess of the MCL over
many years could experience problems with their liver or kidneys, or adverse
reproductive effects, and may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.22 Hexachlorocyclopentadiene. For hexachlorocyclopentadiene
violations, the statement shall read as follows:
“Some
people who drink water containing hexachlorocyclopentadiene
well in excess of the MCL over many years could experience problems with their
kidneys or stomach.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.23 Lindane. For lindane violations, the statement shall
read as follows:
“Some
people who drink water containing lindane in excess of the MCL over many years
could experience problems with their kidneys or liver.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.24 Methoxychlor (DMDT, Martate). For
methoxychlor violations, the statement shall read as follows:
“Some
people who drink water containing methoxychlor in excess of the MCL over many
years could experience reproductive difficulties.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.25 Oxamyl
(Vydate).
For oxamyl, or vydate,
violations, the statement shall read as follows:
“Some
people who drink water containing oxamyl in excess of
the MCL over many years could experience slight nervous system effects.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
808.26 Benzo(a)pyrene (PAHs). For benzo(a)pyrene (PAH) violations, the
statement shall read as follows:
“Some
people who drink water containing benzo(a)pyrene in excess of the MCL over many
years may experience reproductive difficulties and may have an increased risk
of getting cancer.”
Source. (See Revision Note
at chapter heading for Env-Dw 800) #9730, eff 6-30-10; ss by #12675, eff 1-1-19
Env-Dw
808.27 Perfluorohexane
Sulfonic Acid (PFHxS). For perfluorohexane
sulfonic acid (PFHxS) violations, the statement shall
read as follows:
“Some
people who drink water containing perfluorohexane
sulfonic acid (PFHxS) in excess of the MCL over many
years could experience problems with their liver,
endocrine system, or immune system, or may experience increased cholesterol
levels. It may also lower a woman’s chance of getting pregnant.”
Source. #12838, eff
9-30-19
Env-Dw
808.28 Perfluorononanoic
Acid (PFNA). For perfluorononanoic
acid (PFNA) violations,
the statement shall read as follows:
“Some
people who drink water containing perfluorononanoic
acid (PFNA) in
excess of the MCL over many years could experience
problems with their liver, endocrine system, or immune system, or may
experience increased cholesterol levels.”
Source. #12838, eff 9-30-19
Env-Dw
808.29 Perfluorooctane
Sulfonic Acid (PFOS). For perfluorooctane
sulfonic acid (PFOS) violations,
the statement shall read as follows:
“Some
people who drink water containing perfluorooctane sulfonic acid
(PFOS) in
excess of the MCL over many years could experience
problems with their liver, endocrine system, or immune system, may experience
increased cholesterol levels, and may have an increased risk of getting certain
types of cancer. It may also lower a woman’s chance of getting pregnant.”
Source. #12838, eff 9-30-19
Env-Dw
808.30 Perfluorooctanoic Acid (PFOA). For perfluorooctanoic acid (PFOA) violations,
the statement shall read as follows:
“Some
people who drink water containing perfluorooctanoic
acid (PFOA) in
excess of the MCL over many years could experience
problems with their liver, endocrine system, or immune system, may experience
increased cholesterol levels, and may have an increased risk of getting certain
types of cancer. It may also lower a
woman’s chance of getting pregnant.”
Source. #12838, eff 9-30-19
Env-Dw
808.31 Picloram. For picloram violations, the statement shall
read as follows:
“Some
people who drink water containing picloram in excess of the MCL over many years
could experience problems with their liver.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by #12675,
eff 1-1-19; renumbered by #12838 (formerly Env-Dw
808.27)
Env-Dw
808.32 Polychlorinated Biphenyls
(PCBs). For polychlorinated
biphenyls (PCBs) violations, the statement shall read as follows:
“Some
people who drink water containing PCBs in excess of the MCL over many years
could experience changes in their skin, problems with their thymus gland,
immune deficiencies, or reproductive or nervous system difficulties, and may
have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw
808.28)
Env-Dw
808.33 Pentachlorophenol. For pentachlorophenol violations, the
statement shall read as follows:
“Some
people who drink water containing pentachlorophenol in excess of the MCL over
many years could experience problems with their liver or kidneys, and may have
an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw
808.29)
Env-Dw
808.34 Simazine. For simazine violations, the statement shall
read as follows:
“Some
people who drink water containing simazine in excess of the MCL over many years
could experience problems with their blood.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw 808.30)
Env-Dw
808.35 Toxaphene. For toxaphene violations, the statement shall
read as follows:
“Some
people who drink water containing toxaphene in excess of the MCL over many
years could have problems with their kidneys, liver, or thyroid, and may have
an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw
808.31)
Env-Dw
808.36 2,3,7,8 TCDD (Dioxin). For 2,3,7,8-TCDD, or dioxin, violations, the
statement shall read as follows:
“Some
people who drink water containing dioxin in excess of the MCL over many years
could experience reproductive difficulties and may have an increased risk of
getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw
808.32)
Env-Dw
808.37 2,4,5 TP (Silvex). For 2,4,5-TP, or silvex, violations, the statement
shall read as follows:
“Some
people who drink water containing silvex in excess of the MCL over many years
could experience liver problems.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw
808.33)
Env-Dw
808.38 2,4-D. For 2,4-D violations, the statement shall
read as follows:
“Some
people who drink water containing the weed killer 2,4-D well in excess of the
MCL over many years could experience problems with their kidneys, liver, or
adrenal glands.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; renumbered by #12838 (formerly Env-Dw
808.35)
PART
Env-Dw 809
HEALTH EFFECTS LANGUAGE FOR REGULATED DISINFECTION BY-PRODUCTS (DBPs), DISINFECTANT RESIDUALS, AND
SPECIAL TREATMENT CHEMICALS
Env-Dw
809.01 Required Health Effects
Language for Regulated Disinfection By-Products (DBPs), Disinfectant Residuals,
and Special Treatment Chemicals. The
O/O shall use the statements specified in this part, as applicable, as the
statement required by Env-Dw 801.03(a)(3) to describe
the adverse health effects for violations of:
(a)
The maximum disinfection by-products (DBPs) and maximum disinfectant
residuals (MRDLs) specified in Env-Dw 705.03 and Env-Dw 705.04; and
(b) The acrylamide
and epichlorohydrin MCLs specified in Env-Dw 705.05.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.02 Acrylamide. For acrylamide violations, the statement
shall read as follows:
“Some
people who drink water containing high levels of acrylamide over a long period
of time could have problems with their nervous system or blood, and may have an
increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.03 Bromate. For bromate the statement shall read as
follows:
“Some
people who drink water containing bromate in excess of the MCL over many years
may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.04 Chloramine. For chloramine violations, the statement
shall read as follows:
“Some
people who use water containing chloramines well in excess of the MRDL could
experience irritating effects to their eyes and nose. Some people who drink water containing
chloramines well in excess of the MRDL could experience stomach discomfort or
anemia.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.05 Chlorine. For chlorine violations, the statement shall
read as follows:
“Some
people who use water containing chlorine well in excess of the MRDL could
experience irritating effects to their eyes and nose. Some people who drink water containing
chlorine well in excess of the MRDL could experience stomach discomfort.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.06 Chlorine Dioxide.
(a)
For chlorine dioxide violations where any 2 consecutive daily samples collected
at the entrance to the distribution system exceed the MRDL, the statement shall
read as follows:
“Some
infants and young children who drink water containing chlorine dioxide in
excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of
pregnant women who drink water containing chlorine dioxide in excess of the
MRDL. Some people may experience anemia.
The
chlorine dioxide violations reported today are the result of exceedances at the
treatment facility only, not within the distribution system which delivers
water to consumers. Continued compliance
with chlorine dioxide levels within the distribution system minimizes the
potential risk of these violations to consumers.”
(b)
For chlorine dioxide violations where one or more distribution samples
are above the MRDL, the statement shall state:
“Some
infants and young children who drink water containing chlorine dioxide in
excess of the MRDL could experience nervous system effects. Similar effects may occur in fetuses of
pregnant women who drink water containing chlorine dioxide in excess of the
MRDL. Some people may experience anemia.
The
chlorine dioxide violations reported today include exceedances of the EPA
standard within the distribution system which delivers water to consumers. Violations of the chlorine dioxide standard
within the distribution system may harm human health based on short-term
exposures. Certain groups, including
fetuses, infants, and young children, may be especially susceptible to nervous
system effects from excessive chlorine dioxide exposure.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.07 Chlorite. For chlorite the statement shall read as
follows:
“Some
infants and young children who drink water containing chlorite in excess of the
MCL could experience nervous system effects. Similar effects may occur in
fetuses of pregnant women who drink water containing chlorite in excess of the
MCL. Some people may experience anemia.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.08 Disinfectant By-Product
Precursors. For disinfectant
by-product precursors, the statement shall read as follows:
“Total
organic carbon (TOC) has no health effects.
However, total organic carbon provides a medium for the formation of
disinfection by-products. These by-products include trihalomethanes (THMs) and haloacetic acids (HAAs).
Drinking water containing these by-products in excess of the MCL may
lead to adverse health effects, liver or kidney problems, or nervous system
effects, and may lead to an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.09 Epichlorohydrin. For epichlorohydrin violations, the statement
shall read as follows:
“Some
people who drink water containing high levels of epichlorohydrin over a long
period of time could experience stomach problems, and may have an increased
risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.10 Haloacetic
Acids (HAA). For Haloacetic
Acids (HAA) the statement shall read as follows:
“Some
people who drink water containing haloacetic acids in
excess of the MCL over many years may have an increased risk of getting
cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
809.11 Total Trihalomethanes (TTHM). For total trihalomethane violations, the
statement shall read as follows:
“Some
people who drink water containing trihalomethanes in excess of the MCL over
many years may experience problems with their liver, kidneys, or central
nervous system, and may have an increased risk of getting cancer.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
PART
Env-Dw 810
HEALTH EFFECTS LANGUAGE FOR GROUNDWATER MONITORING AND TREATMENT
Env-Dw
810.01 Required Health Effects
Language. The O/O shall use the
statement(s) specified in this part, as applicable, as the statement required
by Env-Dw 801.03(a)(3) to describe violations of groundwater monitoring and treatment requirements
specified in Env-Dw 717.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
810.02 Groundwater Monitoring and
Treatment Violations. The statement
required by Env-Dw 801.03(a)(3) to describe groundwater
monitoring and treatment technique violations shall read as follows:
“Inadequately
treated or inadequately protected water may contain disease-causing
organisms. These organisms can cause
symptoms such as diarrhea, nausea, cramps, and associated headaches.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
PART
Env-Dw 811
CONSUMER CONFIDENCE REPORTS
Env-Dw
811.01 Purpose and Applicability.
(a)
The purpose of this part is to establish the minimum requirements for
the content and delivery of the consumer confidence report.
(b)
The purpose of the consumer confidence report is to:
(1) Provide water quality information as
specified in this part to customers of CWS; and
(2) Characterize the risks, if any, from exposure
to contaminants detected in the drinking water in an accurate and
understandable manner.
(c)
This part shall apply only to CWS.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
811.02 Definitions. For purposes of this part, the following
definitions shall apply unless otherwise specified:
(a)
“Action level (AL)” means the concentration of a contaminant which, if
exceeded, triggers treatment or other requirements which a water system must
follow;
(b)
“Consumer confidence report (CCR)” means an annual report supplied by a
CWS O/O to customers which contains information on the quality of their
drinking water;
(c)
“Customers” means billing units or service connections to which water is
delivered by a CWS;
(d) “Detected” means the presence of any primary
or secondary drinking water contaminant including:
(1) Microbiological
contaminants;
(2) Radiological contaminants;
(3) IOC contaminants;
(4) VOC contaminants;
(5) SOC contaminants;
(6) PFAS contaminants; and
(7) Disinfection by-products;
(e)
“Regulated contaminant” means a contaminant that is subject to a maximum
contaminant level (MCL), action level (AL), maximum residual disinfectant level
(MRDL), or treatment technique (TT); and
(f)
“Unregulated contaminant” means a contaminant specified in 40 CFR
141.40.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; amd by #12838, eff 9-30-19
Env-Dw
811.03 Timing and Certification of
Distribution.
(a)
No later than July 1 of each year, each CWS O/O shall provide a copy of
the CCR to each customer and the department as specified in Env-Dw 811.24.
(b)
By July 10 of each year, the CWS O/O shall certify to the department
that:
(1) The CCR has been distributed to customers;
and
(2) The information in the CCR is correct and
consistent with the compliance monitoring data previously submitted to the
department.
(c)
The O/O of a new CWS shall file the first CCR by July 1 of the year
after its first full calendar year in operation and annually thereafter.
(d)
A CWS O/O who sells water to another CWS shall provide the buyer with
applicable information required in this part to the receiving system:
(1) No later than April 1 of each year; or
(2) On a date mutually agreed upon by the seller
and the purchaser, and specifically included in a contract between the parties.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
811.04 Content of the CCR.
(a)
The CCR shall contain the information specified in this part.
(b)
The CWS O/O may include such additional information in the CCR as the
O/O deems necessary for public education consistent with, and not detracting
from, the required content of the CCR.
(c)
In a community where the population of non-English speaking residents
exceeds 20% of the community population, the CCR shall contain:
(1) Information in the appropriate language(s)
regarding the importance of the CCR; or
(2) A telephone number and address, in the
appropriate language, where a translated notice or further information
regarding the notice can be obtained.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
811.05 Contact and Participation
Information.
(a)
The CCR shall contain the name and telephone number of the CWS owner and
of the primary operator.
(b)
The CCR may contain the name and telephone number of a designee of the
owner or primary operator, or both.
(c)
The CCR shall contain information about opportunities for public
participation in decisions that affect the quality of water, including but not
limited to the time and place of regularly scheduled water utility board
meetings.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
811.06 Source Water; Bulk Water
Deliveries.
(a)
In the CCR, the CWS O/O shall identify the source of the system’s water
by:
(1) The type of water, such as surface water or
groundwater or a combination of both;
(2) The commonly used name, if any, of each
source; and
(3) If surface water, the location of the body or
bodies of water.
(b)
If a CWS O/O has received a source
water assessment from the department, the CCR shall:
(1) Include either:
a. A brief summary of the CWS’s susceptibility
to potential sources of contamination, using language written by the department
contained in the source water assessment; or
b. A brief summary of the CWS’s susceptibility
to potential sources of contamination written by the O/O; and
(2) Inform customers of the availability of the
assessment and how to obtain it.
(c)
If bulk water was delivered to the CWS during the period covered by the
CCR,
the CWS O/O shall include the following information
regarding each delivery in the CCR:
(1) The date of delivery;
(2) The reason(s) for delivery;
(3) The source of the water delivered; and
(4) The total amount of water delivered.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
811.07 Health Effects Language.
(a)
The CCR shall contain the following general health statements:
“Drinking
water, including bottled water, may reasonably be expected to contain at least
small amounts of some contaminants. The
presence of contaminants does not necessarily indicate that water poses a
health risk. More information about
contaminants and potential health effects can be obtained by calling the
Environmental Protection Agency's Safe Drinking Water Hotline at 800-426-4791.
Some
people may be more vulnerable to contaminants in drinking water than the
general population. Immuno-compromised persons such as persons with cancer
undergoing chemotherapy, persons who have undergone organ transplants, people
with HIV/AIDS or other immune system disorders, some elderly, and infants can
be particularly at risk from infections.
These people should seek advice about drinking water from their health
care providers. EPA/CDC guidelines on
appropriate means to lessen the risk of infection by Cryptosporidium and other
microbial contaminants are available from the Safe Drinking Water Hotline at
800-426-4791.”
(b)
The CCR also shall contain an explanation regarding specific
contaminants which might be expected to be found in drinking water, including
bottled water.
(c) Subject to (d), below, the CWS O/O shall use the following language to satisfy
the requirements of (b), above:
“The sources of drinking water (both tap water and bottled water)
include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels
over the surface of the land or through the ground, it dissolves
naturally-occurring minerals and, in some cases, radioactive material, and can
pick up substances resulting from the presence of animals or from human
activity.
Contaminants that may be present in source water include:
Microbial contaminants, such as viruses and bacteria, which may come
from sewage treatment plants, septic systems, agricultural livestock
operations, and wildlife.
Inorganic contaminants, such as salts and metals, which can be
naturally occurring or result from urban stormwater runoff, industrial or
domestic wastewater discharges, oil and gas production, mining or farming.
Pesticides and herbicides, which may come from a variety of sources
such as agriculture, urban stormwater runoff, and residential uses.
Organic chemical contaminants, including per- and
polyfluoroalkyl substances, synthetic organic
chemicals, and volatile organic chemicals, which are byproducts of industrial
processes, wastewater treatment, residuals from firefighting foams, and
petroleum production, and can also come from gas stations, urban stormwater
runoff, and septic systems.
Radioactive contaminants, which can be naturally- occurring or be the
result of oil and gas
production and mining activities.
In order to ensure that tap water is safe to drink, EPA and the State
of New Hampshire prescribe regulations that limit the amount of certain
contaminants in water provided by public water systems. The United States Food and Drug
Administration (FDA) regulations establish limits for contaminants in bottled
water, which must provide the same protection for public health.”
(d)
In lieu of using the language specified in (c), above, the CWS O/O may use language
developed for that CWS, provided the language conveys the same information as
specified in (c), above.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19; amd by #12838, eff 9-30-19
Env-Dw
811.08 Technical Definitions in the
(a)
The
“Maximum
Contaminant Level Goal or MCLG: The level of a contaminant in drinking water
below which there is no known or expected risk to health. MCLGs allow for a margin of safety.”
“Maximum
Contaminant Level or
(b)
If the
“Action
level or AL: The concentration of a contaminant
which, if exceeded, triggers treatment or other requirements which a water
system must follow.”
“Ambient
groundwater quality standard or AGQS:
The maximum concentration levels for contaminants in groundwater that
are established under RSA 485-C, the Groundwater Protection Act.”
“Level I
Assessment: A study of the water system
to identify potential problems and determine, if possible, why total coliform
bacteria have been found in our water system.”
“Level II
Assessment: A very detailed study of the
water system to identify potential problems and determine, if possible, why
an E. coli
“Maximum
residual disinfectant level goal or MRDLG:
The level of a drinking water disinfectant below which there is no known
or expected risk to health. MRDLGs do not reflect the benefits of the use of
disinfectants to control microbial contaminants.”
“Maximum
residual disinfectant level or MRDL: The
highest level of a disinfectant allowed in drinking water. There is convincing
evidence that addition of a disinfectant is necessary for control of microbial
contaminants.”
“Treatment
technique or TT: A required process
intended to reduce the level of a contaminant in drinking water.”
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
811.09 Detected Contaminants.
(a)
The CWS O/O shall include data in the manner specified in Env-Dw 811.11 if any of the following are detected in the water
provided by the CWS:
(1) Regulated contaminant(s) as defined in Env-Dw 811.02(e);
(2) Unregulated contaminant(s) as regulated under
40
(3) Sodium, if monitoring is required per Env-Dw 713.08; or
(4) Disinfection by-products or microbial
contaminants other than cryptosporidium for which monitoring is required by
Env-Dw 712.17 and that are detected in the finished
water.
(b)
The
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
811.10 Reporting of Violations.
(a)
If a drinking water monitoring requirement, reporting requirement,
public notice requirement, MCL, MRDL, or treatment technique has been violated,
the CCR shall, in the table format specified in Env-Dw
811.11:
(1) Provide a clear, understandable explanation
of the violation;
(2) Identify the MCL, MRDL, MCLG, and MRDLG, as
applicable, as specified in (c), below;
(3) Identify the length of time the violation
occurred or, if the violation is continuing, the date the violation first
occurred;
(4) Describe the potential health effects of the MCL,
MRDL, or treatment technique violation by using the applicable health effects
language as specified in Env-Dw 804 through Env-Dw 810; and
(5) Describe the action(s) taken by the CWS to
address the violation.
(b)
If a violation of filtration or disinfection processes as specified in Env-Dw 716
is reported, the CCR shall contain the following statement:
“Inadequately
treated water may contain disease causing organisms. These organisms include bacteria, viruses,
and parasites which can cause symptoms such as nausea, cramps, diarrhea, and
associated headaches.”
(c) The MCL, MRDL, MCLG, and MRDLG for a
contaminant shall be expressed in identical units as a number equal to or
greater than 1.0, as specified in Env-Dw 811.25,
table 811-2.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
811.11 Data Presentation: Format.
(a)
The CCR shall contain the contaminant information specified in Env-Dw 811.09 and Env-Dw 811.10 in a
table format.
(b)
If a CWS O/O chooses to include data not required by this part to be reported
in the CCR, a separate table shall be used for such data.
(c)
If a CWS distributes water from multiple hydraulically-independent
distribution systems that are fed by different raw water sources, the CCR shall
contain, in table form:
(1) A separate column for each service area; and
(2) The identity of each separate distribution
system.
(d)
The CCR shall be based on data collected during the previous calendar
year that was used to determine compliance with EPA’s monitoring and analytical
requirements as specified in 40 CFR 141 and 40 CFR 143, and the department’s
monitoring and analytical requirements as specified in Env-Dw 700,
except that:
(1) Where a CWS O/O is required to monitor for a
regulated contaminant less frequently than once a year, the CCR shall:
a. Include the date and results of the most
recent sampling period;
b. Include a brief statement indicating that the
data presented in the CCR is from the most recent sampling period in accordance
with department rules; and
c. Not include any data older than 5 years; and
(2) Results of monitoring in compliance with Env-Dw 703, Env-Dw 705, and Env-Dw 706 shall only be included for 5 years from the date of
the last sample or until any of the detected contaminants becomes regulated and
subject to routine monitoring requirements, whichever comes first.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
811.12 Data Presentation: Specific
Contaminants. For
any of the following contaminants that is detected, the table shall:
(a)
For E. coli:
(1) Identify the total number of positive
samples;
(2) Provide information on the likely source of E.
coli, which may be available in sanitary survey reports and source water
assessments;
(3) Provide the source information language
specified in Env-Dw 811.22 for E. coli,
if the CWS O/O lacks specific information on the likely source(s) of
contamination; and
(4) Provide the applicable health effects
paragraph specified in Env-Dw 804;
(b)
For lead or copper:
(1) Identify the 90th percentile value
of the most recent round of sampling;
(2) Identify the number of sampling sites
exceeding the AL as defined in Env-Dw 714; and
(3) Identify the source of the lead or copper, or
both, as applicable, using the source information language specified in Env-Dw 811.22;
(c)
For turbidity:
(1) When a CWS O/O reports turbidity to the
department pursuant to in Env-Dw 716, identify:
a. The highest average monthly value; and
b.
The highest monthly value including an explanation of the reasons for measuring
turbidity;
(2) Identify the highest single measurement and
the lowest monthly percentage of samples meeting the turbidity limits specified
in Env-Dw
716.04 or
Env-Dw 716.08, as applicable, for the
filtration technology being used; and
(3) When a CWS O/O is required to report pursuant to (c)(1)b. above, an
explanation of the reasons for measuring turbidity; and
(d)
For unregulated contaminants, except for cryptosporidium, for which
monitoring is required:
(1) Identify the average and the range at which
the contaminant was detected; and
(2) Explain the reasons for monitoring for
unregulated contaminants.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
811.13 Data Presentation: No MCL. If there is no
MCL for a detected contaminant, the CCR shall:
(a)
Describe the treatment technique being used, if any, to treat that
particular contaminant;
(b)
Identify the AL or AGQS applicable to that contaminant; and
(c)
Include the definitions of TT, AL, and AGQS, as specified in Env-Dw 811.08(b), if the terms are used in the CCR.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
811.14 Data Presentation: Reporting
Detection Levels and Ranges; Rounding.
(a) For contaminants subject to an MCL
other than turbidity and total coliforms, the highest contaminant level used to
determine compliance with Env-Dw 702 and Env-Dw 706 and the range of detected levels
shall be calculated as follows:
(1) When compliance with the MCL is determined
annually or less than annually, the CCR shall identify the highest detected
level at any sampling point and the range of detected levels expressed in the
same units as the MCL;
(2) When compliance with the MCL is determined by
calculating a running annual average of all samples taken at a sampling point,
the CCR shall identify the highest average of any of the sampling points and
the range of all sampling points expressed in the same units as the MCL; and
(3) When compliance with the MCL is determined on
a system-wide basis by calculating a running annual average of all samples at
all sampling points, the CCR shall identify the average and range of detection
expressed in the same units as the MCL.
(b)
For the MCLs for TTHM and HAA5 in Env-Dw 715,
the O/O shall include:
(1) The highest locational running annual average
for TTHM and HAA5 and the range of individual sample results for all monitoring
locations expressed in the same units as the MCL. If more than one location exceeds the TTHM or
HAA5 MCL, the system must include the locational running annual averages for
all locations that exceed the MCL; and
(2) Individual sample results for the IDSE
conducted under Env-Dw 715.10 when determining the
range of TTHM and HAA5 results to be reported for the calendar year that the
IDSE samples were taken.
(c)
When rounding results to determine compliance with an MCL is allowed by
rule, rounding shall be calculated prior to multiplying the results by the
factor listed in Env-Dw 811.25, table 811-2.
(d)
The CCR shall identify the AL or MCL applicable to that contaminant,
expressed as a number equal to or greater than 1.0.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
811.15 Additional Information
Required for PWS Supplied by Groundwater.
(a)
Subject to (b), below, the O/O of a PWS supplied by a groundwater source
that is subject to Env-Dw 717 or Env-Dw 720 relative to groundwater monitoring and treatment
shall include the following in the CCR or annual notice if required pursuant to
Env-Dw 717 or Env-Dw 720:
(1) An explanation of each significant deficiency
identified by the department pursuant to Env-Dw 717
or Env-Dw 720 that has not been corrected; and
(2) A list containing the information specified
in (c), below, for each positive E. coli result.
(b)
The O/O shall inform the public annually until the significant
deficiency is corrected or the groundwater contamination is addressed.
(c)
Each report required under (a) and (b), above, shall include, as
applicable:
(1) The nature of the significant deficiency and
the date of discovery;
(2) The source of the E. coli
contamination, if known, and the date(s) of the positive sample results;
(3) The health effects language in Env-Dw
804;
(4) The date that the deficiencies or
contamination issues were addressed;
(5) How the deficiencies or contamination issues
were addressed; and
(6)
For all unresolved issues, the department approved plan and schedule for
correction, including interim measures, progress to date, and any completed
interim measures.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; ss by
#12675, eff 1-1-19
Env-Dw
811.16 Additional Information for
Fluoridated Public Water Supplies.
The O/O of a PWS whose public water supply is fluoridated shall include
the following statement in the CCR:
“Your
public water supply is fluoridated.
According to the Centers for Disease Control and Prevention, if your
child under the age of 6 months is exclusively consuming infant formula
reconstituted with fluoridated water, there may be an increased chance of
dental fluorosis. Consult your child’s
health care provider for more information.”
Source. #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
811.17 Additional Information for
Level I and Level II Assessments.
(a)
The O/O of a PWS that is required to comply with the Level I assessment
requirement or a Level II assessment requirement that is not due to an E.
coli
“Coliforms
are bacteria that are naturally present in the environment and are used as an
indicator that other, potentially harmful, waterborne pathogens may be present
or that a potential pathway exists through which contamination may enter the
drinking water distribution system. We
found coliforms indicating the need to look for potential problems in water
treatment or distribution. When this
occurs, we are required to conduct assessment(s) to identify problems and to
correct any problems that were found during these assessments.”
(b)
The additional text required by (a), above, shall be as follows:
(1) For level I assessments:
“During
the past year we were required to conduct [INSERT NUMBER OF LEVEL I
ASSESSMENTS] Level I assessment(s). We
completed [INSERT NUMBER OF LEVEL I ASSESSMENTS] Level I assessment(s). In addition, we were required to take [INSERT
NUMBER OF CORRECTIVE ACTIONS] corrective actions and we have completed [INSERT
NUMBER OF CORRECTIVE ACTIONS] of these actions.”; and
(2) For level II assessments:
“During
the past year [INSERT NUMBER OF LEVEL II ASSESSMENTS] Level II assessments were
required to be completed for our water system.
We completed [INSERT NUMBER OF LEVEL II ASSESSMENTS] Level II
assessments. In addition, we were
required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions and
we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.”
(c)
In addition to the information required by (a), above, the O/O of a PWS
that has failed to complete all the required assessments also shall include the
following statement in the CCR:
“During
the past year we failed to conduct all of the required assessment(s).”
(d)
In addition to the information required by (a), above, the O/O of a PWS
that has failed to correct all identified sanitary defects also shall include
the following statement in the CCR:
“During
the past year we failed to correct all identified defects that were found
during the assessment.”
(e)
The O/O of a PWS required to conduct a level II assessment due to an E.
coli
“E.
coli are bacteria whose presence indicates that the water may be
contaminated with human or animal wastes.
Human pathogens in these wastes can cause short-term effects, such as
diarrhea, cramps, nausea, headaches, or other symptoms. They may pose a greater health risk for
infants, young children, the elderly, and people with severely compromised
immune systems. We found E. coli
bacteria, indicating the need to look for potential problems in water treatment
or distribution. When this occurs, we
are required to conduct assessment(s) to identify problems and to correct any
problems that were found during these assessments.”
“We
were required to complete a Level II assessment because we found E. coli
in our water system. In addition, we
were required to take [INSERT NUMBER OF CORRECTIVE ACTIONS] corrective actions
and we completed [INSERT NUMBER OF CORRECTIVE ACTIONS] of these actions.”
(f)
In addition to the information required by (e), above, the O/O of a PWS
required to conduct a level II assessment due to an E. coli MCL
violation that has failed to complete the required assessments also shall
include the following statement in the CCR:
“We
have failed to conduct the required assessment.”
(g)
In addition to the information required by (e), above, the O/O of a PWS
required to conduct a level II assessment due to an E. coli MCL
violation that has failed to correct all identified sanitary defects also shall
include the following statement in the CCR:
“We
have failed to correct all sanitary defects that were identified during the
assessment that was conducted.”
(h) Subject to (i),
below, if E. coli has been detected at a level that violated the E. coli
“We
had an E. coli positive repeat sample following a total coliform-positive
routine sample.”
“We
had a total coliform positive repeat sample following an E. coli positive
routine sample.”
“We
failed to take all required repeat samples following an E. coli positive
routine sample.”
“We
failed to test for E. coli when any repeat sample tests positive for total
coliform.”
(i) If E. coli has been detected at
a level that has not violated the E. coli
Source. #10771, eff 2-1-15; ss by #12675, eff 1-1-19
Env-Dw
811.18 Cryptosporidium and Radon.
(a) When monitoring, including monitoring to meet
the requirements of 40 CFR 141.143, has been performed which
indicates
that cryptosporidium might be present in the source water or the finished
water, the O/O shall include the following in the CCR:
(1) A summary of the results of the monitoring;
and
(2) An explanation of the significance of the
results.
(b)
If radon is present in the finished water, the O/O shall include the
following in the CCR:
(1) The results of the monitoring; and
(2) An explanation of the significance of the
results.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10;
renumbered by #10771 (from Env-Dw 811.16); ss by
#12675, eff 1-1-19
Env-Dw
811.19 Reporting of Monitoring and
Compliance Data.
(a)
A CWS O/O shall include the statements specified in (b) through (g),
below, in the CCR, as applicable.
(b)
If a CWS O/O has failed to install adequate filtration or disinfection
equipment or processes, or has had a failure of such equipment or processes
which constitutes a violation, the O/O shall use the following language as part
of the explanation of potential adverse health effects:
“Inadequately
treated water may contain disease-causing organisms. These organisms include bacteria, viruses,
and parasites which can cause symptoms such as nausea, cramps, diarrhea, and
associated headaches.”
(c)
If a CWS O/O has failed to take one or more actions specified by the
lead and copper corrosion control requirements of Env-Dw 714,
the O/O shall include in the CCR an explanation of the violation and the
applicable health effects information as specified in Env-Dw
804.02 or Env-Dw 804.03 for lead or copper, or both,
as applicable.
(d)
If a CWS O/O uses treatment techniques for acrylamide and
epichlorohydrin that violate Env-Dw 705, the
O/O shall include in the CCR an explanation of the violation
and the applicable health effects information for acrylamide as
specified in Env-Dw 809.02 or epichlorohydrin as
specified in Env-Dw 809.09, or both, as applicable.
(e)
If the CWS O/O has performed additional monitoring that indicates the
presence of other contaminants in the finished water, the O/O may contact the department’s health risk assessment
program for an assessment of health risk .
(f)
Where the assessment specified in (e), above, determines that the risk
is excessive, the CWS O/O shall provide a brief explanation of those
contaminants, including:
(1) The results of the monitoring; and
(2) An explanation of the significance of the
results noting the existence of a health advisory or a proposed regulation.
(g) If a CWS has had any violations of the
conditions of an exemption, or of an administrative or judicial
order, the O/O shall include in the CCR an explanation of all such violations
and what the CWS O/O is doing to correct the violations.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10;
renumbered by #10771 (from Env-Dw 811.17); ss by
#12675, eff 1-1-19
Env-Dw
811.20 Exemption. If a CWS O/O is operating under the terms of
an exemption issued pursuant to Env-Dw 721, the
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15 (from Env-Dw
811.18); ss by #12675, eff 1-1-19
Env-Dw
811.21 Detections of Arsenic,
Nitrate, Lead, and Total Trihalomethanes.
(a)
The O/O of a CWS at which arsenic is detected above 0.005 mg/L but not exceeding
the MCL specified in Env-Dw 704.02 shall
include in the CCR the following:
(1) The source information language for arsenic
as specified in Env-Dw 811.22;
and
(2) Subject to
(d), below, the following informational statement:
“While
your drinking water meets EPA's standard for arsenic, it does contain low
levels of arsenic. EPA's standard
balances the current understanding of arsenic's possible health effects against
the costs of removing arsenic from drinking water. EPA continues to research the health effects
of low levels of arsenic, which is a mineral known to cause cancer in humans at
high concentrations and is linked to other health effects such as skin damage
and circulatory problems.”
(b)
The O/O of a CWS at which nitrate is detected at levels above 5 mg/L,
but below the MCL, shall include in the CCR:
(1) The source information language for nitrate
as specified in Env-Dw 811.22; and
(2) Subject to (d), below, the following
statement:
“Nitrate
in drinking water at levels above 10 ppm is a health risk for infants of less
than six months of age. High nitrate levels in drinking water can cause blue
baby syndrome. Nitrate levels may rise
quickly for short periods of time because of rainfall or agricultural
activity. If you are caring for an
infant you should ask advice from your health care provider.”
(c)
The O/O of a CWS shall include in the CCR, subject to (d), below, the
following statement:
“If
present, elevated levels of lead can cause serious health problems, especially
for pregnant women and young children.
Lead in drinking water is primarily from materials and components
associated with service lines and home plumbing. [Water system] is responsible for providing
high quality drinking water, but cannot control the variety of materials used
in plumbing components. When your water
has been sitting for several hours, you can minimize the potential for lead
exposure by flushing your tap for 30 seconds to 2 minutes before using water
for drinking or cooking. If you are
concerned about lead in your water, you may wish to have your water
tested. Information on lead in drinking
water, testing methods, and steps you can take to minimize exposure is
available from the Safe Drinking Water Hotline at 800-426-4791 or at http://www.epa.gov/safewater/lead.”
(d)
A CWS O/O may use a system-specific informational statement in lieu of
the statement required by (a)(2), (b)(2), or (c), above, provided the statement
includes all of the information included in the specified statement and only
after consultation with the department.
(e)
The O/O of a CWS at which TTHM is detected above 0.080 mg/L but below
the MCL specified in Env-Dw 705.03, as an annual
average monitored and calculated under the provisions of 40 CFR 141.30, shall include in
the CCR the health effects language for TTHM as specified in Env-Dw 809.11.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #12420, eff 11-18-17; ss by #12675, eff 1-1-19
Env-Dw
811.22 Contaminant Source Information.
(a)
If a CWS O/O reports in the CCR a detection of any contaminant as
specified in Env-Dw 811.09, the owner shall also
report the likely source of each detected contaminant to the best of the O/O’s
knowledge.
(b)
If the O/O lacks specific information on the likely source of the
detected contaminant(s), the owner shall use the contaminant source information
specified below in Table 811-1, as applicable:
Table
811-1: Contaminant Origin
Contaminant |
Common Source in Drinking Water |
Microbiological Contaminants |
|
Total
Coliform Bacteria |
Naturally
present in the environment |
E.
coli |
Human
and animal fecal waste |
Total
Organic Carbon |
Naturally
present in the environment |
Turbidity |
Soil
runoff |
Radioactive Contaminants |
|
Beta/photon
emitters |
Decay
of natural and man-made deposits |
Alpha
emitters |
Erosion
of natural deposits |
Combined
radium |
Erosion
of natural deposits |
Uranium
|
Erosion
of natural deposits |
Inorganic Contaminants |
|
Antimony |
Discharge
from petroleum refineries; fire retardants; ceramics; electronics; solder |
Arsenic
|
Erosion
of natural deposits; runoff from orchards; runoff from glass and electronics
production wastes |
Asbestos
|
Decay
of asbestos cement water mains; erosion of natural deposits |
Barium |
Discharge
of drilling wastes; discharge from metal refineries; erosion of natural
deposits |
Beryllium
|
Discharge
from metal refineries and coal-burning factories; discharge from electrical,
aerospace, and defense industries |
Bromate |
By-product
of drinking water disinfection |
Cadmium
|
Corrosion
of galvanized pipes; erosion of natural deposits; discharge from metal
refineries; runoff from waste batteries and paints |
Chloramines |
Water
additive used to control microbes |
Chlorine |
Water
additive used to control microbes |
Chlorine
dioxide |
Water
additive used to control microbes |
Chlorite |
By-product
of drinking water disinfection |
Chromium
|
Discharge
from steel and pulp mills; erosion of natural deposits |
Copper
|
Corrosion
of household plumbing systems; Erosion of natural deposits; leaching from
wood preservatives |
Cyanide
|
Discharge
from steel/metal factories; discharge from plastic and fertilizer factories |
Fluoride
|
Erosion
of natural deposits; water additive which promotes strong teeth; discharge
from fertilizer and aluminum factories |
Lead
|
Corrosion
of household plumbing systems, erosion of natural deposits |
Mercury
(inorganic) |
Erosion
of natural deposits; discharge from refineries and factories; runoff from
landfills; runoff from cropland |
Nitrate
(as Nitrogen) |
Runoff
from fertilizer use; leaching from septic tanks, sewage; erosion of natural
deposits |
Nitrite
(as Nitrogen) |
Runoff
from fertilizer use; leaching from septic tanks, sewage; erosion of natural
deposits |
Selenium
|
Discharge
from petroleum and metal refineries; erosion of natural deposits; discharge
from mines |
Thallium
|
Leaching
from ore-processing sites; discharge from electronics, glass, and drug
factories |
Synthetic Organic Contaminants;
including Pesticides and Herbicides |
|
2,4-D
|
Runoff
from herbicide used on row crops |
2,4,5-TP
(Silvex) |
Residue
of banned herbicide |
Acrylamide
|
Added
to water during sewage/wastewater treatment |
Alachlor
|
Runoff
from herbicide used on row crops |
Atrazine
|
Runoff
from herbicide used on row crops |
Benzo(a)pyrene
(PAH) |
Leaching
from linings of water storage tanks and distribution lines |
Carbofuran
|
Leaching
of soil fumigant used on rice and alfalfa |
Chlordane
|
Residue
of banned termiticide |
Dalapon
|
Runoff
from herbicide used on rights of way |
Di(2-ethylhexyl)
adipate |
Discharge
from chemical factories |
Di(2-ethylhexyl)
phthalate |
Discharge
from rubber and chemical factories |
Dibromochloropropane
|
Runoff/leaching
from soil fumigant used on soybeans, cotton, pineapples, and orchards |
Dinoseb
|
Runoff
from herbicide used on soybeans and vegetables |
Diquat
|
Runoff
from herbicide use |
Dioxin
[2,3,7,8-TCDD] |
Emissions
from waste incineration and other combustion; Discharge from chemical
factories |
Endothall
|
Runoff
from herbicide use |
Endrin
|
Residue
of banned insecticide |
Epichlorohydrin
|
Discharge
from industrial chemical factories; an impurity of some water treatment
chemicals |
Ethylene
dibromide |
Discharge
from petroleum refineries |
Glyphosate |
Runoff
from herbicide use |
Heptachlor
|
Residue
of banned pesticide |
Heptachlor
epoxide |
Breakdown
of heptachlor |
Hexachlorobenzene
|
Discharge
from metal refineries and agricultural chemical factories |
Hexachlorocyclopenta-diene
|
Discharge
from chemical factories |
Lindane
|
Runoff/leaching
from insecticide used on cattle, lumber, gardens |
Methoxychlor
|
Runoff/leaching
from insecticide used on fruits, vegetables, alfalfa, livestock |
Oxamyl
[Vydate] |
Runoff/leaching
from insecticide used on apples, potatoes and tomatoes |
PCBs
[Polychlorinated biphenyls] |
Runoff
from landfills; discharge of waste chemicals |
Pentachlorophenol
|
Discharge
from wood preserving factories |
Picloram
|
Herbicide
runoff |
Simazine
|
Herbicide
runoff |
Toxaphene
|
Runoff/leaching
from insecticide used on cotton and cattle |
Volatile Organic Contaminants |
|
Benzene
|
Discharge
from factories; leaching from gas storage tanks and landfills |
Carbon tetrachloride |
Discharge from chemical
plants and other industrial activities |
Chlorobenzene
|
Discharge
from chemical and agricultural chemical factories |
o-Dichlorobenzene
|
Discharge
from industrial chemical factories |
p-Dichlorobenzene |
Discharge
from industrial chemical factories |
1,2-Dichloroethane |
Discharge
from industrial chemical factories |
1,1-Dichloroethylene |
Discharge
from industrial chemical factories |
cis-1,2-Dichloroethylene |
Discharge
from industrial chemical factories |
trans-1,2-Dichloroethylene |
Discharge
from industrial chemical factories |
Dichloromethane |
Discharge
from pharmaceutical and chemical factories |
1,2-Dichloropropane |
Discharge
from industrial chemical factories |
Ethylbenzene |
Discharge
from petroleum refineries |
Haloacetic
Acids (HAA) |
By-product
of drinking water disinfection |
MtBE |
Residual
from gasoline spill or leakage |
Styrene |
Discharge
from rubber and plastic factories; leaching from landfills |
Tetrachloroethylene |
Discharge
from factories and dry cleaners |
1,2,4-Trichlorobenzene |
Discharge
from textile-finishing factories |
1,1,1-Trichloroethane |
Discharge
from metal degreasing sites and other factories |
1,1,2-Trichloroethane |
Discharge
from industrial chemical factories |
Trichloroethylene |
Discharge
from metal degreasing sites and other factories |
TTHM
(Total trihalomethanes) |
By-product
of drinking water disinfection |
Toluene
|
Discharge
from petroleum factories |
Vinyl
Chloride |
Leaching
from PVC piping; discharge from plastics factories |
Xylenes,
Total |
Discharge
from petroleum factories; discharge from chemical factories |
Per- and
Polyfluoroalkyl Substances (PFAS) Contaminants |
|
Perfluorohexane sulfonic acid (PFHxS) |
Discharge
from industrial processes, wastewater treatment, residuals from firefighting
foam, runoff/leachate from landfills and septic systems |
Perfluorononanoic acid (PFNA) |
Discharge
from industrial processes, wastewater treatment, residuals from firefighting
foam, runoff/leachate from landfills and septic systems |
Perfluorooctane sulfonic acid
(PFOS) |
Discharge
from industrial processes, wastewater treatment, residuals from firefighting
foam, runoff/leachate from landfills and septic systems |
Perfluorooctanoic
acid (PFOA) |
Discharge
from industrial processes, wastewater treatment, residuals from firefighting
foam, runoff/leachate from landfills and septic systems |
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15 (from Env-Dw
811.20); ss by #12675, eff 1-1-19; amd by #12838, eff
9-30-19
Env-Dw
811.23 Health Effects Language. If a CWS O/O reports in the CCR an MCL, MRDL,
or a treatment technique violation as specified in Env-Dw 700,
the CCR shall contain the applicable health effects language for the
contaminant as specified in Env-Dw 804 through Env-Dw 810.
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10 (from
Env-Dw 811.21); ss by #12675, eff 1-1-19
Env-Dw
811.24 Report Delivery; Recordkeeping.
(a)
The CWS O/O shall, by the date specified in Env-Dw
811.03, distribute a paper or electronic copy of the CCR, or of a notice that
includes the direct web address (URL) of the CCR, to each customer, the
department, and, if requested, any other agency or clearinghouse and any member
of the public, as follows:
(1) Paper copies of the CCR or notice shall be
delivered in hand or sent via U.S. Postal Service or private delivery service; and
(2) Electronic copies of the CCR or notice shall
be delivered via email as an attachment or embedded
image, or by other available technology that allows legible transmittal of the
material.
(b)
If the CWS O/O is aware of a customer’s inability to receive the CCR by
an electronic method listed in (a)(2), above, the O/O shall provide a paper
copy of the CCR to that customer.
(c)
The O/O of a CWS that serves 100,000 or more persons shall make a good
faith effort as specified in (d), below, to provide a copy of the
(d)
A CWS O/O who undertakes one or more of the following shall have met the
requirement in (c), above, to make a good faith effort to reach customers who
do not receive water bills:
(1) Posting the
(2) Mailing the
(3) Advertising
the availability of the
(4) Publishing the
(5) Posting the
(6) Delivering multiple copies of the
(7) Delivering one or
more copies of the
(e)
The O/O of a CWS that serves 100,000 or more persons also shall post the
most current
(f)
The CWS O/O shall retain a copy of each
Source. (See Revision Note at chapter heading for
Env-Dw 800) #9730, eff 6-30-10; amd by #10771, eff 2-1-15 (from Env-Dw
811.22); ss by #12675, eff 1-1-19
Env-Dw
811.25 Converting MCL Water Quality
Compliance Values.
(a)
The MCL, MRDL, MCLG, and MRDLG for a contaminant
shall be expressed in identical units as a number equal to or greater than 1.0,
as specified in table 811-2, below, subject to the notes in (b), below:
Table
811-2: Converting MCL Water Quality
Compliance Values
Contaminant |
Traditional MCL in compliance units (mg/L) |
To convert to a whole number, Multiply by ... |
MCL in CCR units |
MCLG in Whole Numbers |
Microbiological Contaminants |
|
|||
Total
Coliform Bacteria |
TT |
|
TT |
0 |
Turbidity |
TT |
|
TT
(NTU) |
n/a |
E.
coli |
Routine
and repeat samples are total coliform-positive and either is E. coli-positive
or system fails to take repeat samples following E. coli-positive
routine sample or system fails to analyze total coliform-positive repeat
sample for E. coli |
|
Routine
and repeat samples are total coliform-positive and either is E. coli-positive
or system fails to take repeat samples following E. coli-positive
routine sample or system fails to analyze total coliform-positive repeat
sample for E. coli |
0 |
Total
Organic Carbon |
TT |
|
TT
(ppm) |
n/a |
Radioactive Contaminants |
|
|||
Beta/photon
emitters |
4
mrem/yr |
|
4
mrem/yr |
0 |
Alpha
emitters |
15
pCi/L |
|
15
pCi/L |
0 |
Combined
radium |
5
pCi/L |
|
5
pCi/L |
0 |
Uranium |
30
ug/L |
|
30
ug/L |
0 |
Inorganic Contaminants |
|
|||
Antimony |
0.006 |
1,000 |
6
ppb |
6 |
Arsenic |
0.010 |
1,000 |
10
ppb |
0 |
Asbestos |
7
MFL |
|
7
MFL |
7 |
Barium |
2 |
|
2
ppm |
2 |
Beryllium |
0.004 |
1,000 |
4
ppb |
4 |
Bromate |
0.010 |
1,000 |
10
ppb |
0 |
Cadmium |
0.005 |
1,000 |
5
ppb |
5 |
Chloramines |
MRDL
= 4 |
|
MRDL
= 4 ppm |
MRDLG
= 4 |
Chlorine |
MRDL
= 4 |
|
MRDL
= 4 ppm |
MRDLG
= 4 |
Chlorine
dioxide |
MRDL
= 0.8 |
1,000 |
MRDL
= 800 ppb |
MRDLG
= 800 |
Chlorite |
1 |
|
1
ppm |
0.8 |
Chromium |
0.1 |
1,000 |
100
ppb |
100 |
Copper |
AL=1.3 |
|
AL=1.3 ppm |
1.3 |
Cyanide |
0.2 |
1,000 |
200 ppb |
200 |
Fluoride |
4.0 |
|
4.0 ppm |
4.0 |
Lead |
AL=0.015 |
1,000 |
AL=15 ppb |
0 |
Mercury (inorganic) |
0.002 |
1,000 |
2 ppb |
2 |
Nitrate (as
Nitrogen) |
10 |
|
10 ppm |
10 |
Nitrite (as
Nitrogen) |
1 |
|
1 ppm |
1 |
Selenium |
0.05 |
1,000 |
50 ppb |
50 |
Thallium |
0.002 |
1,000 |
2 ppb |
0.5 |
Synthetic Organic Contaminants, including Pesticides
and Herbicides |
|
|||
2,4-D |
0.07 |
1,000 |
70 ppb |
70 |
2,4,5-TP
(Silvex) |
0.05 |
1,000 |
50 ppb |
50 |
Acrylamide |
TT |
|
TT (ppm) |
0 |
Alachlor |
0.002 |
1,000 |
2 ppb |
0 |
Atrazine |
0.003 |
1,000 |
3
ppb |
3 |
Benzo(a)pyrene
(PAH) |
0.0002 |
1,000,000 |
200
ppt |
0 |
Carbofuran |
0.04 |
1,000 |
40
ppb |
40 |
Chlordane |
0.002 |
1,000 |
2
ppb |
0 |
Dalapon |
0.2 |
1,000 |
200
ppb |
200 |
Di(2-ethylhexyl)
adipate |
0.4 |
1,000 |
400
ppb |
400 |
Di(2-ethylhexyl)
phthalate |
0.006 |
1,000 |
6
ppb |
0 |
Dibromochloropropane |
0.0002 |
1,000,000 |
200 ppt |
0 |
Dinoseb |
0.007 |
1,000 |
7 ppb |
7 |
Diquat |
0.02 |
1,000 |
20 ppb |
20 |
Dioxin
[2,3,7,8-TCDD] |
0.00000003 |
1,000,000,000 |
30 ppq |
0 |
Endothall |
0.1 |
1,000 |
100 ppb |
100 |
Endrin |
0.002 |
1,000 |
2 ppb |
2 |
Epichlorohydrin |
TT |
|
TT (ppm) |
0 |
Ethylene
dibromide |
0.00005 |
1,000,000 |
50 ppt |
0 |
Glyphosate |
0.7 |
1,000 |
700 ppb |
700 |
Heptachlor |
0.0004 |
1,000,000 |
400 ppt |
0 |
Heptachlor
epoxide |
0.0002 |
1,000,000 |
200 ppt |
0 |
Hexachlorobenzene |
0.001 |
1,000 |
1 ppb |
0 |
Hexachlorocyclopenta-diene |
0.05 |
1,000 |
50 ppb |
50 |
Lindane |
0.0002 |
1,000,000 |
200 ppt |
200 |
Methoxychlor |
0.04 |
1,000 |
40 ppb |
40 |
Oxamyl [Vydate] |
0.2 |
1,000 |
200 ppb |
200 |
PCBs
[Polychlorinated biphenyls] |
0.0005 |
1,000,000 |
500 ppt |
0 |
Pentachlorophenol |
0.001 |
1,000 |
1 ppb |
0 |
Picloram |
0.5 |
1,000 |
500 ppb |
500 |
Simazine |
0.004 |
1,000 |
4 ppb |
4 |
Toxaphene |
0.003 |
1,000 |
3 ppb |
0 |
Volatile Organic Contaminants |
|
|||
Benzene |
0.005 |
1,000 |
5 ppb |
0 |
Carbon
tetrachloride |
0.005 |
1,000 |
5 ppb |
0 |
Chloramines |
MRDL = 4 |
………… |
MRDL = 4 ppm |
MRDLG = 4 |
Chlorine |
MRDL = 4 |
………… |
MRDL = 4 ppm |
MRDLG = 4 |
Chlorite |
1 |
……….. |
1 ppm |
0.8 |
Chlorine dioxide |
MRDL = 0.8 |
1,000 |
MRDL = 800 ppb |
MRDLG = 800 |
Chlorobenzene |
0.1 |
1,000 |
100 ppb |
100 |
o-Dichlorobenzene |
0.6 |
1,000 |
600 ppb |
600 |
p-Dichlorobenzene |
0.075 |
1,000 |
75 ppb |
75 |
1,2-Dichloroethane |
0.005 |
1,000 |
5 ppb |
0 |
1,1-Dichloroethylene |
0.007 |
1,000 |
7 ppb |
7 |
cis-1,2-Dichloroethylene |
0.07 |
1,000 |
70 ppb |
70 |
trans-1,2-Dichloroethylene |
0.1 |
1,000 |
100 ppb |
100 |
Dichloromethane |
0.005 |
1,000 |
5 ppb |
0 |
1,2-Dichloropropane |
0.005 |
1,000 |
5 ppb |
0 |
Ethylbenzene |
0.7 |
1,000 |
700 ppb |
700 |
Haloacetic Acids (HAA) |
0.060 |
1,000 |
60 ppb |
n/a |
MtBE |
0.013 |
1,000 |
13 ppb |
13 |
Styrene |
0.1 |
1,000 |
100 ppb |
100 |
Tetrachloroethylene |
0.005 |
1,000 |
5 ppb |
0 |
1,2,4-Trichlorobenzene |
0.07 |
1,000 |
70 ppb |
70 |
1,1,1-Trichloroethane |
0.2 |
1,000 |
200 ppb |
200 |
1,1,2-Trichloroethane |
0.005 |
1,000 |
5 ppb |
3 |
Trichloroethylene |
0.005 |
1,000 |
5 ppb |
0 |
TTHMs [Total
trihalomethanes] |
0.10/0.080 |
1,000 |
100/80 ppb |
n/a |
Toluene |
1 |
|
1 ppm |
1 |
Vinyl Chloride |
0.002 |
1,000 |
2 ppb |
0 |
Xylenes, Total |
10 |
|
10 ppm |
10 |
Per- and
Polyfluoroalkyl Substances (PFAS) Contaminants |
||||
Perfluorohexane sulfonic acid (PFHxS) |
0.000018 |
1,000,000 |
18
ppt |
0 |
Perfluorononanoic acid (PFNA) |
0.000011 |
1,000,000 |
11
ppt |
0 |
Perfluorooctane sulfonic acid
(PFOS) |
0.000015 |
1,000,000 |
15
ppt |
0 |
Perfluorooctanoic
acid (PFOA) |
0.000012 |
1,000,000 |
12
ppt |
0 |
(b)
The follow abbreviations shall apply to table 811-2:
(1) “AL” means action level;
(2) “MRDL” means maximum residual disinfectant
level;
(3) “MFL” means million fibers per liter;
(4) “NTU” means nephelometric turbidity unit;
(5) “ppb” means parts per billion;
(6) “ppm” means parts per million;
(7) “ppq” means parts per
quadrillion;
(8) “ppt” means parts per trillion;
(9) “pCi/L” means picocuries per liter; and
(10) “TT” means treatment technique.
Source. #12675, eff 1-1-19; amd
by #12838, eff 9-30-19
Appendix A - Statutes/Regulations
Implemented
Rule Section(s) |
State Statute(s) Implemented |
Federal Requirements Implemented |
Env-Dw
801 - 803 |
RSA
485:2, V; RSA 485:3, I |
40
CFR 141.31; 40 CFR 141, Subpart Q |
Env-Dw 804.01,
804.02 & 804.04 |
RSA 485:2, V; RSA
485:3, I |
40 CFR
141.205(d); Appendix B to 40 CFR 141 Subpart Q |
Env-Dw 804.03 |
RSA 485:2, V;
RSA 485:3, I & VII |
40 CFR
141.205(d); Appendix B to 40 CFR 141 Subpart Q |
Env-Dw 804.05 |
RSA 485:2, V;
RSA 485:3, I |
|
Env-Dw
805 - 810 |
RSA
485:2, V; RSA 485:3, I & VII |
40
CFR 141.205(d); Appendix
B to 40 CFR 141, Subpart Q |
Env-Dw 808.01; Env-Dw 808.27-808.30 |
RSA 485:43; RSA 485:16-e |
|
Env-Dw
811 |
RSA
485:2, V; RSA 485:3, I, III(b) |
40
CFR 141.141, Subparts O and Q |
Env-Dw 811.02(d); Env-Dw 811.07(c); Env-Dw 811.22(b), Table 811-1; Env-Dw 811.25(a), Table 811-2 |
RSA 485:43; RSA 485:16-e |
|