Section Env-Dw 801.11 - Standard Public Notice for Non-Community Water Systems (NCWS)(a) The O/O of a non-community water system (NCWS) shall provide notice, as required by Env-Dw 801.01, in accordance with (b), below, within 30 days of learning of any of the following violations or situations: (1) A violation of an applicable MCL, MRDL, treatment technique, monitoring, or testing procedure requirements specified in Env-Dw 700 that is not an acute violation specified in Env-Dw 801.05;(2) Any violation of the reporting and recordkeeping requirements specified in Env-Dw 709, Env-Dw 720.14(b) or Env-Dw 720.16(b);(3) Any violation of the turbidity MCL requirements established in 40 CFR 141.13(b) where the department determines, after consultation in accordance with Env-Dw 801.06, that the violation does not impose an acute health risk that warrants notification to the public within 24 hours;(4) Any violation of a federal treatment technique relating to filtration and disinfection as incorporated by Env-Dw 716, as noted in Env-Dw 801.05(h), where the department determines, after consultation in accordance with Env-Dw 801.06, that the violation does not impose an acute health risk that warrants notification to the public within 24 hours;(5) Failure to take corrective action or failure to maintain at least 4-log treatment of viruses before or at the first customer as specified in Env-Dw 717;(6) Failure to comply with ambient groundwater quality standards (AGQS) as required by Env-Dw 707.02(b); or(7) Failure to complete seasonal start-up procedures and certification as required by Env-Dw 506.(b) The NCWS O/O shall notify each customer receiving a bill and the owner of any other service connection through which water is delivered to the public of any of the violations listed in (a), above, in such a manner that is calculated to reach all persons served by the NCWS, by using at least one of the following forms of delivery: (2) Door-to-door hand delivery; or(3) Posting the notice in conspicuous locations throughout the distribution system frequented by persons served by the system.(c) If the NCWS O/O determines that persons served by the NCWS cannot be reached using the delivery methods specified in (a), above, the O/O shall issue notice to persons served by the NCWS using one of the following methods: (1) Publication in a local newspaper or newsletter distributed to persons served by the NCWS;(2) Delivery of multiple copies for distribution by customers that provide the water to others, such as apartment building owners, schools, or large private employers;(3) Posting on the internet or email broadcast to all persons served by the system; or(4) Delivery of one or more copies to community organizations.(d) Within 10 days of providing notice to its customers, the NCWS O/O shall submit to the department the certification specified in Env-Dw 801.18.(e) If the NCWS O/O elects to provide public notice by posting the notice, posting shall continue for as long as the violation persists or 7 days, whichever is longer.(f) Subject to (g), below, the NCWS O/O shall repeat the public notice for the standard violations described in (a), above, every 3 months for as long as the violation persists unless the NCWS owner requests, and the department approves, a different frequency pursuant to Env-Dw 801.13.(g) If a monitoring violation occurs at a seasonal system that will not be in operation for at least 3 months following the issuance of the public notice, the NCWS O/O shall also post the notice upon the reopening of the system the following season. If such additional posting is required, the notice shall remain posted for 7 days or as long as the violation persists, whichever is longer.N.H. Admin. Code § Env-Dw 801.11
(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10
Amended by Volume XXXV Number 06, Filed February 12, 2015 , Proposed by #10771, Effective 2/1/2015, Expires2/1/2025.Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by 12675, Effective 1/1/2019, Expires 1/1/2029.