Section Env-Dw 717.21 - Notice of Significant Deficiencies; Corrective Actions and Corrective Action Plans(a) The department shall inform the O/O and certified operator, if the system has a certified operator, of the groundwater system of all significant deficiencies in writing.(b) The notice issued pursuant to (a), above, shall require the O/O to:(1) Implement any corrective action(s) specified in the notice for which consultation or prior approval from the department is not required within 120 days or such earlier time as is specified pursuant to (e), below; and(2) Consult with the department within 30 days of receiving written notice for the purpose of developing a corrective action plan (CAP) as specified in (f), below, for any corrective action(s) not covered by (1), above.(c) The O/O of a groundwater system shall consult with the department within 10 days of receiving written notice from a laboratory that a groundwater source sample collected in accordance with Env-Dw 717.11 is positive for E. coli to determine what corrective action needs to be taken or whether a CAP as specified in (f), below needs to be developed.(d) The corrective action(s) specified in the notice shall consist of one or more of the following, as necessary to correct the problem and protect public health: (1) Correct significant deficiencies;(2) Provide an alternate source of water;(3) Eliminate the source of contamination; or(4) Provide treatment that reliably achieves 4-log treatment, as specified in Env-Dw 717.13.(e) The department shall specify a compliance deadline of less than 120 days if:(1) The actions to be taken can reasonably be implemented in a shorter period of time; and(2) An earlier date is needed to protect public health.(f) If a system O/O is required to develop a corrective action plan (CAP) pursuant to (b)(2) or (c), above, then within 30 days after the required consultation, or by such later date established by agreement with the department, the O/O shall develop and submit to the department a CAP that identifies the action(s) that will be taken to correct the system's deficiencies and the schedule upon which the action(s) will be taken.(g) If any of the significant deficiencies cannot be corrected within 120 days of the date of a notice issued pursuant to (a), above, or received from the laboratory pursuant to (c), above, the CAP submitted by the system O/O shall identify interim measures that will be taken in order to protect the health and safety of persons served by the system pending final action.(h) The department shall approve a CAP proposed by the system O/O if:(1) The action(s) and schedule for taking the action(s) will correct all problems within a time frame that is protective of public health; and(2) The CAP identifies interim measures that will be taken to address any significant deficiencies that cannot be corrected within 120 days of the date of the notice in order to protect the health and safety of persons served by the system pending final action.(i) The O/O shall not make any modifications to the approved CAP without first obtaining approval for the modifications from the department in accordance with (j) and (k), below.(j) To request approval for modifications to the action(s) or schedule in an approved CAP, the O/O shall submit a request in writing to the department that explains the requested modification(s) and the reason(s) why the CAP as modified meet the criteria for approval specified in (k), below.(k) The department shall approve a modification to a CAP if:(1) The modification was made necessary due to circumstances beyond the control of the system O/O; and(2) The CAP as modified will correct all remaining problems and be equally as protective of public health.(l) Within 120 days of the date of a notice issued pursuant to (a) or (c), above, the O/O of a groundwater system shall:(1) Have fully corrected all significant deficiencies; or(2) Be in compliance with a CAP approved by the department pursuant to (h), above.(m) The O/O of a groundwater system who has been directed to take corrective action or to implement a CAP shall notify the department within 30 days of completion of the corrective action or CAP, as applicable.(n) A system O/O shall be subject to enforcement as specified in RSA 485:58 for any failure to correct the deficiency(ies) and for any failure to comply with an approved CAP.N.H. Code Admin. R. Env-Dw 717.21
#9600, eff 11-21-09; ss by #9758, eff 7-30-10
Amended by Volume XXXVIII Number 23, Filed June 7, 2018, Proposed by #12525, Effective 6/1/2018, Expires 6/1/2028.