Section Env-Dw 405.04 - Concept Approval for Proposed Small Community Water Systems(a) No well construction or water system design shall commence on a proposed small community water system until a concept approval is issued by the department.(b) Subject to (f), below, the issuance of concept approval for a proposed small community water system shall be based on the following criteria: (1) Water service from another approved public water system is not available, determined based on the willingness of the potential provider to offer service and a comparison of the overall project cost to extend water service versus the overall project cost of constructing the proposed small community water system;(2) The method of operation of the proposed small community water system is adequate to ensure that all applicable requirements of subtitle Env-Dw are met;(3) The proposed small community water system is consistent with state, regional, or local water resource/water supply management plans for the area;(4) The proposed small community water system ownership and operation is consistent with other New Hampshire public utility commission (PUC) franchises in the area;(5) The proposed water system will use the best feasible source of water available; and(6) The proposed small community water system does not have 3 or more separate water supply sources or distribution systems where each source or distribution system will serve less than 10 households.(c) For purposes of this section, the best feasible source of water shall be determined based on a comparison of alternatives based on project cost and other technical factors. Such a comparison shall include capital and operational costs to provide an equivalent level of safe and reliable water supply service, for both domestic and fire flow needs, from an entity having adequate financial and managerial capability. (d) Favorable criteria for the best source concept shall include the following: (1) Larger public water systems;(2) Public water systems which have full time employees who have higher levels of training and experience in the water works profession;(3) Public water systems with large volume water storage tank(s); and(4) Public water systems which have available equipment, controls, and communications that better ensure the reliability of operations and water quality.(e) To request concept approval, the applicant shall submit a brief letter identifying the following: (1) The size of the proposed system;(2) The type of the proposed system;(3) The nature of the proposed system; and(4) A map specifically locating the proposed service area.(f) The department shall not approve a proposed small community water system design until the PUC has provided comment concerning whether the water system is subject to PUC jurisdiction.(g) If the PUC asserts that the water system is subject to PUC jurisdiction, the department shall: (1) Consider all comments submitted by the PUC in its review of the proposed system; and(2) Not take any action that would interfere with the PUC process.N.H. Code Admin. R. Env-Dw 405.04
(See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14