Section Env-Dw 712.20 - VOC Contaminants Monitoring Waivers(a) The O/O of a community water system or a non-transient non-community water system who wishes to request a waiver or reduction in monitoring requirements for one or more VOC contaminants, where authorized by Env-Dw 712.02, shall submit the following information in writing to the department in the paper or electronic format provided by the department to facilitate the submission of the information: (2) The location, including street address, of the PWS;(3) The PWS identifier for the PWS;(4) The name, mailing address, daytime telephone number including area code, and email address or fax number of the PWS owner and operator;(5) The name, daytime telephone number including area code, and e-mail address or fax number of the individual who completed the application;(6) The name, mailing address, daytime telephone number including area code, and email address or fax number of the individual responsible for distributing educational materials on behalf of the PWS;(7) For each system source, the type and location of the source;(8) The results of all VOC analyses for each source within one year of the waiver request; and(9) Source water protection area information including:a. The maximum daily withdrawal volume;b. Identification of known and potential contamination sources, as defined in Env-Dw 305.12, within the source water protection area; andc. Identification of land uses for the following areas:1. For wells, within the sanitary protective area established in accordance with Env-Dw 301, Env-Dw 302, Env-Dw 405, or Env-Dw 406, as applicable, or predecessor rules in Env-Ws 378, Env-Ws 379, Env-Ws 372, or Env-Ws 373, respectively; and2. For surface water sources, within the source water intake protection area.(b) The request shall be signed by the individuals identified pursuant to (a)(4) and (5), above. Such signatures shall constitute certification that the information provided is true, complete, and not misleading to the signer's knowledge and belief.(c) No request shall be granted if the PWS: (1) Has not resolved or does not have or is not implementing a corrective action plan approved pursuant to Env-Dw 720.11 for each significant deficiency identified by the department in accordance with Env-Dw 717 or Env-Dw 720;(2) Has not corrected or is not in the process of correcting each deficiency or violation identified in an administrative order or letter of deficiency issued by the department;(3) Does not have an active primary water system operator as required by Env-Dw 502;(4) Has not paid its permit-to-operate fee as specified in Env-Dw 501;(5) Is not in compliance with the lead and copper requirements specified in Env-Dw 714;(6) Is not in compliance with the emergency plan requirements specified in Env-Dw 503.21, if applicable;(7) Is not in compliance with the consumer confidence report requirements specified in Env-Dw 811, if applicable;(8) Is not in compliance with the monitoring requirements specified in Env-Dw 710 through Env-Dw 713;(9) Has submitted an incomplete request or a request that contains false information; or(10) Has received a new well approval letter from the department that states the system is not eligible for a VOC waiver pursuant to Env-Dw 305.29(e).(d) No VOC monitoring waiver shall be granted if:(1) Within the sanitary protective area there is:a. Any structure of any size or type from which there is a discharge to the ground or groundwater of any substance other than potable water from hydrants, blow-offs, sampling taps, or other such structures;b. Any structure of any size or type, other than the pump house, in which regulated substances as defined in Env-Wq 401 are stored, used, or handled, other than chemicals or other substances necessary for treatment processes in the pump house;c. One or more disposal systems for solid waste or wastewater, such as dumpsters or septic tanks, grease traps, or effluent disposal areas; ord. One or more above-ground storage tanks (ASTs) or underground storage tanks (USTs) for hazardous chemicals or petroleum products such as oil, gasoline, propane, or natural gas, other than:1. A tank used exclusively to store potable water treatment chemicals;2. An interior home heating oil tank located within an intact concrete structure such as a basement;3. An exterior home heating oil tank located on an impervious surface with a roof, secondary containment, and protection from collision; or4. An AST used to store propane or natural gas only, that is in compliance with Env-Or 300, if applicable, or applicable fire safety requirements; (2) The well or surface water intake is within 50 feet of a parking lot;(3) The well is within 25 feet of a trail used by off-highway recreational vehicles as defined in RSA 215-A:1, VI (OHRV), or snowmobiles as defined in RSA 251-A:1, XIII, or both;(4) The surface water intake is within 200 feet of a trail used by OHRV or snowmobiles, or both;(5) There is a known source of contamination within the source water protection area that has not been designated as closed or inactive by the department;(6) The PWS is on mandatory VOC sampling pursuant to Env-Dw 712.05(a) or an administrative order;(7) The source has had a detection of a regulated VOC within the previous 3 years;(8) There is an on-site VOC treatment system;(9) Within 1,000 feet of the well or surface water intake and within the source water protection area, there is:a. A junk yard as defined in RSA 236:112; orb. One or more ASTs or USTs that contain(s) petroleum products or other regulated substances, except propane; or(10) There is confirmed detection of MTBE at any level in any public or private drinking or monitoring well located within 1,000 feet of the well or surface water intake within the past 3 years.(e) The department shall grant a 3-year VOC waiver if none of the disqualifying conditions identified in (c) or (d), above, are present.N.H. Code Admin. R. Env-Dw 712.20
Derived From Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12668, Effective 1/1/2019, Expires 1/1/2029.