Section Env-Dw 720.05 - Corrective Action Plan (CAP)(a) If a system owner is required to develop a corrective action plan (CAP) pursuant to Env-Dw 720.04(b)(2), then within 30 days after the required consultation, or by such later date established by agreement with the department, the owner shall develop and submit to the department a CAP that identifies the action(s) to be taken to correct the system's deficiencies and the schedule upon which the action(s) will be taken.(b) If any of the significant deficiencies cannot be corrected within 120 days of the date of the notice issued pursuant to Env-Dw 720.04(a), the CAP submitted by the system owner 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.(c) The department shall approve a CAP proposed by the system owner pursuant to (a), above, 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.(d) The owner shall not make any modifications to the approved CAP without first obtaining approval for the modifications from the department in accordance with (e) and (f), below.(e) To request approval for modifications to the action(s) or schedule in an approved CAP, the owner shall submit a request in writing to the department which explains the requested modification(s) and the reason(s) why the CAP as modified meet the criteria for approval specified in (f), below.(f) 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 owner; and(2) The CAP as modified will correct all remaining problems and be equally protective of public health.(g) Within 5 business days of completing an action required by a CAP, the system owner shall notify the department that the action has been completed by submitting documentation of completion, including photographs as appropriate.N.H. Admin. Code § Env-Dw 720.05
(See Revision Note #3 at chapter heading for Env-Dw 700) #9760, eff 7-30-10
Amended by Volume XXXV Number 06, Filed February 12, 2015 , Proposed by #10771, Effective 2/1/2015, Expires2/1/2025.