Section Env-Ws 345.03 - Variances and Exemptions from the Maximum Contaminant Levels for Radionuclides(a) The department shall process requests for variances and exemptions from the radionuclide MCLs as specified in Env-Ws 341 through Env-Ws343.(b) The department shall require a community water system to install and use any treatment method or methods identified in Env-Ws 345.04, Env-Ws 345.05, or Env-Ws 345.06 as a condition for granting a variance except as provided in (c), below. If after the installation of the treatment method the system still cannot meet the MCL, the system shall be eligible for a variance.(c) If a system demonstrates through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in Env-Ws 345.04, Env-Ws 345.05, or Env-Ws 345.06 would only achieve a de minimis reduction in the contaminant, the department shall issue a schedule of compliance that requires the system being granted the variance to examine other treatment methods as a condition of obtaining the variance.(d) If the department determines that a treatment method or methods identified Env-Ws 345.04, Env-Ws 345.05, or Env-Ws 345.06 is technically feasible, the department shall require the system to install and use that treatment method in connection with a compliance schedule. The department's determination shall be based upon studies by the system and other relevant information.(e) The department shall require a public water system to provide bottled water or other means as a condition for granting a variance from the requirements of Env-Ws 312.01 or Env-Ws 312.02 to avoid an unreasonable risk to health.(f) A public water system that uses bottled water as a condition for receiving a variance from the requirements of Env-Ws 312.01 or Env-Ws 312.02 shall meet the requirements of Env-Ws 308 concerning bottled water.(g) The department shall not grant an exemption from the MCLs for the following radionuclides: (1) Compliance gross alpha;(4) Total beta emitters; or(5) Total photon emitters.(h) A system owner may request an exemption from the uranium MCL if: (1) Due to compelling factors, the public water system is unable to comply with the MCL or implement measures to develop an alternative source of water supply;(2) The public water system was in operation on or before December 8, 2003, or if the system was not operating by this date, no reasonable alternative source of drinking water is available;(3) The exemption does not result in an unreasonable risk to public health; and(4) The management and restructuring changes cannot reasonably be made to lead to MCL compliance or improve the quality of water.(i) The owner of a public water system unable to comply with the uranium MCL of 30 ug/L after December 8, 2003 may submit a written request to the department for an exemption as specified in Env-Ws 343.02.(j) The department shall notify the system owner in writing of its determination to grant or deny the request.(k) If a water system serving 3,301 persons or more receives an exemption from the department, the department shall issue a schedule requiring compliance as expeditiously as possible but no later than December 8, 2006.(l) If a water system serving 3,300 persons or fewer receives an exemption from the department, the department shall issue a schedule requiring compliance as expeditiously as possible but no later than December 8, 2009.N.H. Admin. Code § Env-Ws 345.03
(See Revision Note at chapter heading Env-Ws 300) #6521, eff 6-4-97; ss by #8040, eff 2-14-04; ss by #8497, eff 11-30-05 (formerly Env-Ws 345.50)