Section Env-Ws 380.07 - Criteria for Avoiding Filtration Involving Site-Specific Conditions(a) The owner of apublic water system shall meet the requirements of Env-Ws 380.10(a)(1) through (3) at least 11 of the 12 previous months that the system served water to the public, on an ongoing basis, unless the system fails to meet the requirements during 2 of the 12 previous months that the system served water to the public, and at least one of these failures was caused by circumstances that were unusual and unpredictable.(b) The owner of a public water system shall meet the requirements of Env-Ws 380.10(a)(4) at all times during which the system serves water to the public.(c) The owner of apublic water system shall meet the requirements of Env-Ws 380.10(a)(5) at all times during which the system serves water to the public unless any such failure was caused by circumstances that were unusual and unpredictable.(d) The owner of apublic water system shall meet the requirements of Env-Ws 380.10(b)on an ongoing basis unless that failure to meet these requirements was not caused by a deficiency in treatment of the source water.(e) The owner of apublic water system shall maintain a watershed control program which minimizes the potential for contamination by giardia lamblia cysts and viruses in the source water.(f) The department shall determine whether the watershed control program proposed pursuant to (e), above, is adequate to meet this goal with the following criteria:(1) The adequacy of a program to limit potential contamination by giardia lamblia cysts and viruses as follows: a. The comprehensiveness of the watershed review;b. The effectiveness of the system's program to monitor and control detrimental activities occurring in the watershed; andc. The extent to which the water system has maximized land ownership controlled land use within the watershed;(2) The content of the watershed control program, which shall: a. Characterize the watershed hydrology and land ownership;b. Identify watershed characteristics and activities which might have an adverse effect on source water quality; andc. Monitor the occurrence of activities which might have an adverse effect on source water quality;(3) The capability of the public water system, through ownership, written agreements, or both, with landowners within the watershed, to control all human activities which might have an adverse impact on the microbiological quality of the source water;(4) The submission of an annual report to the department that:a. Identifies any special concerns about the watershed and how they are being handled;b. Describes activities in the watershed that affect water quality; andc. Projects what adverse activities are expected to occur in the future and describes how the public water system expects to address them.(g) The public water system shall be subject to an annual on-site inspection to assess the watershed control program and disinfection treatment process.(h) The department shall conduct the on-site inspection, which shall include the following: (1) A review of the effectiveness of the watershed control program;(2) A review of the physical condition of the source intake and how well it is protected;(3) A review of the system's equipment maintenance program to ensure there is low probability for failure of the disinfection process;(4) An inspection of the disinfection equipment for physical deterioration;(5) A review of operating procedures to ensure that the water system provides for uninterrupted disinfection;(6) A review of data records to ensure that all required tests are being conducted and recorded and disinfection is effectively practiced; and(7) Identification of any improvements which are needed in the equipment, system maintenance and operation, or data collection;(i) The public water system shall not have been identified as a source of a waterborne disease outbreak, or if it has been so identified, the system shall have been modified sufficiently to prevent another such occurrence, as determined by the department. A determination of the adequacy of modifications shall be based on design standards as set forth in Env-Ws 375.01.(j) The public water system shall comply with the maximum contaminant level for total coliforms in Env-Ws 315.01 at least 11 months of the 12 previous months that the system served water to the public, on an ongoing basis, unless the department determines that failure to meet this requirement was not caused by a deficiency in treatment of the source water. A determination of the adequacy of treatment of the source water shall be based on design standards as set forth in Env-Ws 375.01.(k) The owner of a public water system shall comply with the requirements for total trihalomethanes (TTHM), haloacetic acid compounds (HAA5), bromate, chlorite, chlorine, chloramines, and chlorine dioxide as specified in Env-Ws 382.N.H. Code Admin. R. Env-Ws 380.07
#5098, eff 3-18-91, EXPIRED 3-18-97
New. #6521, eff 6-4-97 (See Revision Note at chapter heading for Env-Ws 300); ss by #8352, eff 5-14-05 (formerly part of Env-Ws 380.05 )