Section Env-Ws 343.01 - Requirements for an ExemptionThe department shall exempt any public water system from any requirement respecting a maximum contaminant level (MCL) or any treatment technique requirement, or from both, established byan applicable drinking water rule upon a finding that:
(a) The public water system is unable to comply with such MCL or treatment technique requirement by the established deadline because: (1) 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 control of the system;(2) 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 MCLor treatment technique requirement; and(c) Granting the exemption will not result in an unreasonable risk to health.N.H. Code Admin. R. Env-Ws 343.01
(See Revision Note at chapter heading Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12 -1-05 ; ss by #8497, eff 11-30-05 (formerly Env-Ws 343.10 )