Section Env-Dw 712.22 - VOC and SOC Contaminants Monitoring Waivers: Duration, Conditions, Renewal, Revocation(a) A waiver shall be valid for the applicable time established in Env-Dw 712.20(e) or Env-Dw 712.21(d) or (e), as applicable, from the date of the most recent sampling for the contaminant for which the waiver is granted.(b) As a condition of any waiver granted under Env-Dw 712.20(e) or Env-Dw 712.21(d) or (e), as applicable, the O/O shall distribute educational materials provided by the department within 30 days of the date of the waiver approval and at least once every 3 years thereafter to: (1) Residents within the source water protection area; and(2) Owners of known and potential contamination sources within the source water protection area.(c) If requested by the O/O, the department shall grant an extension of the time limit established in (b), above, for not more than 45 days.(d) The O/O shall certify to the department that the educational materials have been distributed as required by (b), above, before the due date established pursuant to (b) or (c), above, as applicable.(e) As a condition of any waiver granted under this section for sources producing greater than 57,600 gpd and for systems that serve 1,000 people or more, the O/O shall conduct inspections of all potential contamination sources to ensure compliance with the best management practices specified in Env-Wq 401 at least once every 3 years and within 6 months of the renewal due date.(f) If an O/O wishes to continue to operate under a VOC contaminant monitoring waiver or an SOC contaminant monitoring waiver, the O/O shall, prior to the expiration of the existing waiver, submit to the department:(1) A request for renewal that includes the information specified in Env-Dw 712.20(a) or Env-Dw 712.21(a), as applicable; and(2) A certification that the inspections required by (e), above, if applicable, have been completed.(g) The department shall initiate an adjudicative proceeding in accordance with the relevant sections of RSA 541-A and Env-C 200 to revoke a VOC contaminant monitoring waiver or an SOC contaminant monitoring waiver if: (1) The department receives SOC or VOC contaminant monitoring results with detections after the waiver has been granted;(2) Any of the criteria in Env-Dw 712.20(c) are met;(3) The department receives credible information that public health could be compromised by reduced sampling, for example because a contaminant covered by the waiver has been detected on adjacent property; or(4) The educational mailing required by (b), above, has not been undertaken by the deadline established in the waiver request approval letter or the O/O has not provided the certification required by (f)(2), above, by the established deadline.N.H. Code Admin. R. Env-Dw 712.22
Derived From Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12668, Effective 1/1/2019, Expires 1/1/2029.