Section Env-Ws 381.32 - Invalidation of Lead or Copper Tap Water Samples(a) A sample invalidated under this section shall not be used: (1) To demonstrate the lead or copper 90th percentile levels under Env-Ws 381.03(c); or(2) Toward meeting minimum requirements of Env-Ws 381.17.(b) The department shall invalidate a lead or copper tap water sample if:(1) The laboratory conducting the analysis determines that improper sample analysis techniques caused erroneous results;(2) The department determines that the sample was taken from a site that did not meet the site selection criteria of this section;(3) The sample container was damaged in transit;(4) The laboratory results meet any of the criteria specified in Env-Ws 321.03(a); or(5) There is reason to believe that the sample was subject to tampering, based on a visual examination of the sample, information received from credible sources, or both.(c) A water system owner shall report to the department the results of invalidated samples and supporting documentation for samples the system believes should be invalidated.(d) To invalidate a sample under (b) above, the decision and the rationale for the decision shall be documented to the department in writing. The department shall not invalidate a sample solely on the grounds that a follow-up sample result is higher or lower than that of the original sample.(e) A water system owner shall collect replacement sample(s) for any sample(s) invalidated under this section if, after the invalidation of one or more samples, the system has too few samples to meet the minimum requirements of Env-Ws 381.17.(f) A water system owner shall collect any such replacement sample(s) in (e) above, as soon as possible, but no later than 20 days after the date the department invalidates the sample or by the end of the applicable monitoring period, whichever occurs later.(g) Replacement samples collected after the end of the applicable monitoring period shall not be used to meet the monitoring requirements of a subsequent monitoring period.(h) A water system owner shall collect replacement samples at the same locations as the invalidated samples or, if that is not possible, at locations other than those already used for sampling during the monitoring period.N.H. Code Admin. R. Env-Ws 381.32
#5422 eff 6-22-92; amd by #5873, eff 7-26-94 (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;amd by #9598, eff 11-21-09