Section Env-Ws 381.12 - Source Water Treatment Requirements, System Owner Recommendation, Department Determination, and Treatment Operation and Maintenance(a) The owner of a system exceeding the lead or copper action level shall recommend in writing to the department the installation and operation of one of the source water treatments listed in (c)(2) below. A system owner may recommend that no treatment be installed based upon a demonstration that source water treatment is not necessary to minimize lead and copper levels at users' taps.(b) The department shall evaluate the results of all source water samples submitted by the water system owner to determine whether source water treatment is necessary to minimize lead or copper levels in water delivered to users' taps.(c) In approving the source water treatment the department shall:(1) Require installation and operation of the source water treatment recommended by the system owner if the treatment option meets the lead action level and copper action level as specified in Env-Ws 381.03; or(2) Require the installation and operation of another source water treatment from among the following if the treatment option recommended by the system owner fails to meet the lead action level, the copper action level, or both as specified in Env-Ws 381.03:d. Coagulation/filtration.(d) If the department requests additional information to aid in its review, the water system owner shall provide the information within 90 days of the department's request. The department shall notify the system owner in writing of its determination and set forth the basis for its decision.(e) Each system owner shall properly install and operate the source water treatment specified by the department under (c) above.(f) The department shall review source water sample results collected before and after the installation of source water treatment to determine whether the system owner has properly installed and operated the source water treatment specified by the department.(g) The department shall specify the maximum permissible lead and copper concentrations for finished water entering the distribution system. Such levels shall reflect the contaminant removal capability of the treatment properly operated and maintained. The department shall notify the system owner in writing and explain the basis for its decision.(h) Each water system shall maintain lead and copper levels below the maximum permissible concentrations specified by the department at each sampling point monitored in accordance with Env-Ws 381.28 through Env-Ws 381.30. The system owner shall be deemed out of compliance with this paragraph if the level of lead or copper at any sampling point is greater than the maximum permissible concentration specified by the department.(i) A system owner may submit to the department a written request to modify its determination of the source water treatment under (b) above, or modify its determination of maximum permissible lead and copper concentrations for finished water entering the distribution system under (f) and (g) above.(j) The written request for modification pursuant to (i) above shall include:(2) The system EPA number;(3) The rationale as to why the modification is appropriate; and(4) Documentation to support the rationale for the request.(k) The department shall respond to the modification request in writing and shall approve the modification if the alternative source water corrosion control treatment proposed minimizes lead and copper levels at users' taps.(l) In approving the request, the department shall:(1) Notify the system owner in writing setting forth the new treatment requirements;(2) Explain the basis for the department decision; and(3) Provide an implementation schedule for completion of treatment modifications.(m) The department shall modify its determination where it concludes that such change is necessary to ensure that the system continues to minimize lead and copper concentrations in source water.N.H. Code Admin. R. Env-Ws 381.12
(See Revision Note at chapter heading for Env-Ws 300) #6521, eff 6-4-97, ss by #7734, eff 8-2-02; amd by #8351, eff 5-14-05