Statutes, codes, and regulations
New Hampshire Administrative Code
Title Env - Department of Environmental ServicesSubtitle Env-Dw - Drinking Water ProgramsChapter Env-Dw 100 - PUBLIC WATER SYSTEMS: PURPOSE AND APPLICABILITY; USE OF FEDERAL TERMS; SPECIAL PROVISIONS FOR POLITICAL SUBDIVISIONS; DEFINITIONS
Part Env-Dw 102 - SPECIAL PROVISIONS FOR POLITICAL SUBDIVISIONS
Section Env-Dw 102.01 - Exemptions from Requirements Pursuant to Part 1, Article 28-a for Water Systems Owned by Political Subdivisions

N.H. Admin. Code § Env-Dw 102.01

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Current through Register No. 50, December 12, 2024
Section Env-Dw 102.01 - Exemptions from Requirements Pursuant to Part 1, Article 28-a for Water Systems Owned by Political Subdivisions
(a) A rule identified in Table 102-1, below, shall not apply to a political subdivision pursuant to Part 1, Article 28-a of the N.H. Constitution, if:
(1) Compliance with the particular rule necessitates additional local expenditures by the political subdivision compared to compliance with the corresponding rule in Env-Ws 300 that was in effect prior to the effective date of the rule; and
(2) The state has not fully funded the additional expenditure and the local legislative body of the political subdivision has not approved funding to comply with the rule.
(b) The rules to which the exemption in (a), above, applies shall be as listed in Table 102-1, subject to the definitions in (c), below:

Table 102-1

Post-1984 Requirements that Are Not Federal Requirements

Rule Description
Env-Ws 307.01 or successor rules in Env-Dw 406 A Standards of the American Water Works Association as described in (c)(1), below
Env-Dw 703.02, Env-Dw 710.05 Radon sampling for new water supply sources
Env-Dw 704.01(c) a nd Env-Dw 706.01(b) Fluoride MCL and SMCLS in Table 704-1 and Table 706-1 for NTNC systems only as identified in Env-Dw 704.01(c)
Env-Dw 705.03(d) MCLGs for disinfectant residual level goals in Table 705-4
Env-Dw 706 Monitoring for secondary contaminants
Env-Ws 360.13; Env-Dw 503.15 Inspection frequency of public water systems
Env-Ws 361.03; Env-Dw 504.04 5-year source pump test
Env-Ws 361.04; Env-Dw 504.05 Distribution system flushing
Env-Ws 361.05; Env-Dw 504.06 Operating distribution valves
Env-Ws 361.08; Env-Dw 504.09 Inspection and maintenance of storage tanks
Env-Ws 370 .01 or successor rules in Env-Dw 401 B General design standards as described in (c)(2), below
Env-Ws 370.02 or successor rules in Env-Dw 401 Design review fee
Env-Ws 370.03 or successor rules in Env-Dw 401 A Quality of product and workmanship as described in (c)(1), below
Env-Ws 372.07 or successor rules in Env-Dw 404 Design review fee for small community water systems
Env-Ws 372.16 or successor rules in Env-Dw 404 Water supply quality
Env-Ws 372.17(f) or successor rules in Env-Dw 404 Extra tank for fire storage
Env-Ws 372.22(b) or successor rules in Env-Dw 404 Alarm silencer and labels
Env-Ws 372.22(e) or successor rules in Env-Dw 404 Pressure gauge
Env-Ws 372.22(f) or successor rules in Env-Dw 404 Immediate disinfection
Env-Ws 372.22(g) or successor rules in Env-Dw 404 Off / on / alarm for pump controls
Env-Ws 372.22(i) or successor rules in Env-Dw 404 Oiless air compressor
Env-Ws 372.23(g) or successor rules in Env-Dw 404 Air tube for electronic drawdown probe
Env-Ws 372.24(d)(2) or successor rules in Env-Dw 404 Passive cathodic protection system
Env-Ws 372.24(e) or successor rules in Env-Dw 404 Capped filler pipe
Env-Ws 372.25(b) or successor rules in Env-Dw 404 Wiring and control devices
Env-Ws 372.32(l) or successor rules in Env-Dw 404 Tracer tape above pipe
Env-Ws 372.32(m) or successor rules in Env-Dw 404 "Gate" on valve box
Env-Ws 373.06 or successor rules in Env-Dw 405 Design review fee
Env-Ws 373.14 or successor rules in Env-Dw 405 Water supply quality
Env-Ws 373.15 or successor rules in Env-Dw 405 Extra tank for fire storage
Env-Ws 373.17(b) or successor rules in Env-Dw 405 Pressure gauge
Env-Ws 373.17(c) or successor rules in Env-Dw 405 Off / on / alarm for pump controls
Env-Ws 373.17(d) or successor rules in Env-Dw 405 Oiless air compressor
Env-Ws 373.25 or successor rules in Env-Dw 405 "Gate" on valve box
Env-Ws 374.09 or successor rules in Env-Dw 403 A Quality of products and workmanship as described in (c)(1), below

(c) The definitions for Table 102-1 shall be as follows:
(1) "A" means that relative to the standards of the American Water Works Association (AWWA) as incorporated by reference in Env-Ws 307.01 or successor rules in Env-Dw 406, only the changes since 1984 shall be subject to the exemption in (a), above.
(2) "B" means that relative to the Recommended Standards for Water Works, as incorporated by reference in Env-Ws 370.01 and Env-Ws 374.01 or successor rules in Env-Dw 401 and Env-Dw 403, only the changes since the 1982 edition shall be subject to the exemption in (a), above.

N.H. Admin. Code § Env-Dw 102.01

(See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14