Section Env-Ws 381.35 - Variances and Exemptions(a) The granting of a variance or exemption shall be subject to the conditions specified in Env-Ws 340 through Env-Ws 349 and Env-Ws 308.(b) The department shall require a public water system owner to provide bottled water or to implement other means as a condition of granting a variance from the requirements of this part to avoid an unreasonable risk to health. Point-of-use devices and point-of-entry devices shall not be acceptable for lead and copper variances.(c) A public water system owner shall use bottled water and point-of-use devices or other means, but not point-of-entry devices, as a condition of granting an exemption from corrosion control treatment requirements for lead and copper in Env-Ws 381.05 through Env-Ws 381.08 and Env-Ws 381.09 through Env-Ws 381.10 to avoid an unreasonable risk to health.(d) The department shall require a public water system owner to use point-of-entry devices as a condition of granting an exemption from the source water and lead service line replacement requirements for lead and copper under Env-Ws 381.11, Env-Ws 381.12 or Env-Ws 381.13 to avoid an unreasonable risk to health.(e) A public water system owner using bottled water as a condition of receiving a variance or an exemption from the requirements of Env-Ws 308, 317.01(a) and (b), Env-Ws 317.40(a), and Env-Ws 316.01(a), or an exemption from the requirements of Env-Ws 381.05 through Env-Ws 381.13 shall meet the requirements of this section.(f) The water system owner shall develop and put in place a monitoring program that provides reasonable assurances that the bottled water meets the requirements of Env-Ws 308.30.(g) The system owner shall monitor the bottled water as specified in Env-Ws 308.30.(h) The system owner shall receive a certification from the bottled water company that: (1) The bottled water source has been approved by the department as specified in Env-Ws 389.04; and(2) The bottle water company has conducted monitoring in accordance with Env-Ws 308.30 and Env-Ws 389.(i) The system owner shall provide the certification to the department in the first quarter after it supplies bottled water and annually thereafter.(j) The system owner shall be fully responsible for the provision of sufficient quantities of bottled water to every person supplied by the public water system via door-to-door bottled water delivery.(k) In requiring the use of point-of-entry devices as a condition for granting an exemption from the treatment technique requirements for lead and copper under Env-Ws 381.11 through Env-Ws 381.13, the use of the device shall not cause increased corrosion of lead and copper bearing materials located between the device and the tap that could increase contaminant levels at the tap.N.H. Code Admin. R. Env-Ws 381.35
#7734, eff 8-2-02; amd by #9598, eff 11-21-09