Section Env-Dw 723.10 - Violation of MCL when using POE or POU(a) For purposes of this section, an MCL violation for a particular contaminant occurs when the running annual average is greater than the MCL at any POE or POU device, whether one or more samples are collected.(b) If an MCL violation occurs, upon receiving notice of the violation the system owner shall: (1) Within 3 days, provide the standard MCL violation notice in accordance with Env-Dw 800 to the customer(s) having the exceedance and submit proof of public notice to the department within 10 days of distribution;(2) Make repairs to the device within 7 days; and(3) Test the repaired device within 7 days of repair to determine whether the MCL is being met.(c) If the violation occurs at a community water system, the system owner shall include information about the violation in the consumer confidence report (CCR) required by Env-Dw 811.(d) If the violation occurs at a non-community water system, the system owner shall post public notice as follows: (1) At the location of the POU treatment device where the MCL was exceeded, for a minimum of 7 days, if the violation arises at a POU; or(2) If the violation arises at a POE treatment device, on a main bulletin board or other conspicuous place in the facility served by the POE treatment device.(e) If violations of POE or POU devices occur on a yearly basis, the department shall determine the adequacy of the devices and the operations and maintenance plan established pursuant to Env-Dw 723.01(f) by evaluating the history of monitoring data and reviewing flow, operation and maintenance records for all devices installed at the PWS.(f) If the department determines that a previously-approved non-central treatment concept is compromising the quality of water delivered to consumers, the department shall evaluate the need to initiate an action to suspend or revoke the approval in accordance with RSA 541-A and the provisions of Env-C 200 applicable to adjudicative proceedings.N.H. Code Admin. R. Env-Dw 723.10
Adopted byVolume XXXIV Number 24, Filed June 12, 2014, Proposed by #10618, Effective 6/1/2014, Expires6/1/2024.