Section Env-Wq 403.32 - Replacement of Sources Adversely Impacted by Withdrawal(a) Where a water supply source is adversely impacted as identified in Env-Wq 403.25, the permittee shall develop a program for providing an alternative water supply to each user of the source in accordance with (b) through (i), below.(b) The permittee shall supply, to each user of the adversely-impacted source, a quantity of water equivalent to that which was available prior to the withdrawal.(c) The user of the adversely-impacted source shall not be charged for any of the initial capital costs of being provided with an alternative water supply, including but not limited to the following: (1) Water source development, including: a. Hydrogeologic investigation, including test well drilling as appropriate; and(2) Water treatment equipment;(4) Water storage facility;(5) Water distribution system;(6) Customer connection to the system;(7) All costs associated with engineering in developing the water system, including but not limited to: a. Design engineering; andb. Field engineering including the verification of quality workmanship;(8) All legal costs associated with the establishment of the water system; and(9) All other costs relating to developing a new water supply not otherwise categorized and identified above.(d) The source replacement program shall:(1) Identify other withdrawals in the recharge area for the adversely impacted source;(2) Define the performance standards at which alternative supply will be provided to the user, including the following: a. Location and type of source;c. Minimum and maximum volumes and rates of delivery;e. Any water quality treatment or testing practices;(3) Provide a schedule by which alternative supply will be provided;(4) Estimate the initial capital costs associated with establishing the alternative supply; and(5) Estimate the costs to the user of the alternative supply after it is established by the permittee, including the per-unit cost and projected annual costs.(e) The need for installation of drinking water treatment equipment associated with the source replacement plan performance standard required by (d)(2), above, shall be based on results of water quality sampling prior to and following source replacement activities for the following parameters:(1) Regulated inorganic chemical contaminants listed in Env-Dw 704;(2) Regulated volatile organic chemical contaminants listed in Env-Dw 705;(3) Regulated contaminants with secondary maximum contaminant levels listed in Env-Dw 706;(6) Other compounds based on the assessment of potential contaminant sources in the vicinity of the withdrawal.(f) Subject to (g), below, water quality treatment equipment shall be provided for the following situations, as applicable:(1) A contaminant is detected in the post-source replacement water quality sample at a concentration in excess of a maximum contaminant level established in Env-Dw 702 through Env-Dw 705, in which case the water quality treatment equipment shall be designed to reduce the contaminant's concentration to below the maximum contaminant level;(2) A contaminant is detected in the post-source replacement water quality sample at a concentration in excess of a secondary maximum contaminant level established in Env-Dw 706, in which case the water quality treatment equipment shall be designed to reduce the contaminant's concentration to no more than the concentration observed in the pre-source replacement water quality sample; or(3) Radon is detected in the post-source replacement water quality sample at a concentration above 2,000 picocuries per liter when the radon concentration in the pre-source replacement water quality sample was less than 2,000 picocuries per liter, in which case the water quality treatment equipment shall be designed to reduce the contaminant's concentration to less than 2,000 picocuries per liter.(g) Water quality treatment equipment shall not be required if the adversely affected water source is used solely for irrigation for landscaping.(h) The permittee shall not be responsible for implementing source replacement, including water treatment, for a particular water user if that water user does not authorize the implementation of the source replacement program.(i) A list of the water treatment equipment alternatives that are proposed to meet the requirements of (f), above, shall be provided to the department prior to installation. The equipment that has the lowest operation and maintenance cost over a 10-year period shall be selected unless the owner of the adversely-impacted source and the permittee mutually agree to an alternative technology.N.H. Code Admin. R. Env-Wq 403.32
(See Revision Note at part heading for Env-Wq 403) #9569, eff 10-17-09
Amended by Volume XXXVIII Number 15, Filed April 12, 2018, Proposed by #12493, Effective 3/21/2018, Expires 3/21/2028.