N.H. Code Admin. R. Env-Dw 712.21

Current through Register No. 25, June 20, 2024
Section Env-Dw 712.21 - SOC 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 SOC contaminants, where authorized by Env-Dw 712.11(b), 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:
(1) The information required by Env-Dw 712.20(a)(1)-(7) and (9); and
(2) The results of all SOC contaminant analyses for each source within one year of the waiver request.
(b) The request shall be signed by the individuals identified pursuant to Env-Dw 712.20(a)(4) and (5). Such signatures shall constitute certification that the information provided is true, complete, and not misleading to the signer's knowledge and belief.
(c) No SOC contaminant monitoring waiver shall be granted if:
(1) Any of the circumstances specified in Env-Dw 712.20(c)(1)-(9) are present;
(2) The O/O has received a new well approval letter from the department that states the system is not eligible for an SOC contaminant waiver, pursuant to Env-Dw 305.29(e);
(3) The PWS is on a mandatory SOC contaminant sampling program pursuant to Env-Dw 712.12(a);
(4) There is an on-site SOC contaminant treatment system;
(5) There is a solid waste facility as regulated under RSA 149-M and subtitle Env-Sw within the source water protection area; or
(6) The source has had a detection of a regulated SOC contaminant within the previous 3 years.
(d) The department shall grant a 6-year SOC contaminant monitoring waiver if none of the disqualifying conditions identified in (c), above, are present and the well or surface water intake is not:
(1) Within a pesticide application area;
(2) Located under a power line; or
(3) Within 50 feet of an active railroad.
(e) The department shall grant a 3-year SOC waiver if:
(1) None of the disqualifying conditions identified in (c), above, are present; and
(2) If the source is located under a power line, the O/O has obtained an agreement and consent for joint use with the owner of the power line to not use SOCs in the sanitary protective area.

N.H. Code Admin. R. Env-Dw 712.21

Derived From Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12668, Effective 1/1/2019, Expires 1/1/2029.