Section Env-Dw 721.03 - Criteria for Granting an Exemption The department shall exempt the owner of any public water system from any requirement respecting a maximum contaminant level (MCL) or any treatment technique requirement, or from both, established by an applicable drinking water rule upon determining that:
(a) The owner of the public water system is unable to comply with such MCL or treatment technique requirement by the established deadline because:(1) The owner of the system will not be able to raise sufficient funds to install and use the required treatment technique or some other treatment method that would be adequate to meet the MCL prior to the deadline, due to factors beyond the owner's control;(2) The owner of the system has a long-term improvement plan that will render the need for such treatment technique unnecessary within the pay-back period for the financial investment needed to install and operate such treatment technique in the interim; or(3) Other circumstances exist which demonstrate that the benefit to be derived by meeting the MCL or installing the required treatment technique is outweighed by the cost of doing so;(b) The public water system was in operation on the effective date of such MCL or treatment technique requirement; and(c) Granting the exemption will not result in an unreasonable risk to health.N.H. Code Admin. R. Env-Dw 721.03
Adopted byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10617, Effective 6/1/2014, Expires6/1/2024.