CHAPTER Env-Dw 400  PUBLIC WATER SYSTEM CLASSIFICATION AND DESIGN

 

PART Env-Dw 401  PUBLIC WATER SYSTEM CLASSIFICATION

 

Statutory Authority:  RSA 485:1, II(c); RSA 485:3, I; RSA 485:8, I & II

 

Revision Note:

 

          Document #10608, effective 6-1-14, adopted Env-Dw 401.01 through Env-Dw 401.03 within a new Part Env-Dw 401 entitled “PWS Classification; Well Siting Requirements; Hydrogeologic and Engineering Studies” and within a new Chapter Env-Dw 400 entitled “Public Water System Classification and Design.”  Document #10608 also readopted with amendments and renumbered former rules Env-Ws 303.04 entitled “Siting Requirements” and Env-Ws 303.06 entitled “Hydrogeologic or Engineering Study” under a new subtitle as Env-Dw 401.04 and Env-Dw 401.05, respectively.  The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

 

          The former rules Env-Ws 303.03 and Env-Ws 303.06 had last been filed under Document #8498, effective 11-30-05, which had adopted Env-Ws 303.03 and Env-Ws 303.06.  These rules did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10608, effective 6-1-14.

 

          Env-Dw 401.01  Applicability.  This chapter applies to public water systems (PWS)s, as defined in RSA 485:I-a, XV.

 

Source.  #14158, eff 12-25-24

 

          Env-Dw 401.02  Classification as Community Water System.

 

(a)  The department shall classify a PWS as a community water system (CWS) if:

 

(1)  The dwellings, units, or other structures served by the system are suitable for year-round occupancy;

 

(2)  The calculation of the number of year-round residents does not include weekend, seasonal, or other transient or temporary occupants; and

 

(3)  Based on (1) and (2) above, the definition of community water system in RSA 485:1-a, I, is met.

 

(b)  For purposes of (a)(1) above, a dwelling, unit, or other structure shall be considered suitable for year-round occupancy if it:

 

(1)  Has insulation, a heating system, a year-round potable water supply, and indoor plumbing; and

 

(2)  Is served by a wastewater disposal system that does not discharge untreated waste directly to surface waters and an alternating current electric power supply.

 

(c)  The department shall classify a PWS as a CWS if the PWS will ultimately serve a permanent year-round residential population, even if it initially serves only weekend, seasonal, or other transient or temporary occupants.

 

(d)  Subject to (e), below, the department shall determine the population being served by:

 

(1)  For units with 2 or more bedrooms, using an occupancy of 2.5 people per unit;

 

(2)  For units with less than 2 bedrooms, such as efficiency apartments, elderly housing units, or other similar types of residences, using an occupancy of 1.5 people per unit; or

 

(3)  Analyzing an overlay of water system distribution lines with the most recent U.S. government census estimate using geographic information system data.

 

(e)  If the PWS owner has existing customer records that show a different population than is calculated pursuant to (d) above, the owner may submit the data to the department for purposes of the department’s calculations.

 

Source.  (See Revision Note at part heading for Env-Dw 401) #10608, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 401.01)

 

          Env-Dw 401.03  Classification as Non-Community Water System.

 

(a)  The owner of a CWS may request the department to classify the system as a non-community water system by submitting the following to the department in writing:

 

(1)  A sworn affidavit attesting that fewer than 25 people reside at the location for greater than or equal to 6 months per year;

 

(2)  Flow records from the system, including from each source which is part of the system for at least the 2 most recent years; and

 

(3)  One or more of the following types of documentation to demonstrate that the statement provided pursuant to (1) above, is true, complete, and not misleading:

 

a.  Voter registration location for each occupant;

 

b.  Tax records listing the permanent residence for each occupant;

 

c.  Driver’s licenses for each occupant; or

 

d.  The lease or deed restriction, association by-laws, or legal instrument that limits occupancy by the same people to less than 6 months per year.

 

(b)  The department shall classify a PWS as a non-community water system if the water system is designed to regularly serve 25 or more people per day for 60 or more days per year but is not a CWS.

 

          (c)  The department shall classify a PWS serving a kindergarten or day care center as a non-transient non-community water system if the water system serves 25 or more people, including children and staff, over a 6 month or longer period, as determined by the license issued for such kindergarten or day care center pursuant to the child care licensing program of the New Hampshire department of health and human services. 

 

Source.  (See Revision Note at part heading for Env-Dw 401) #10608, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 401.02)

 

          Env-Dw 401.04  Availability of Information; Updates Required.

 

(a)  The owner shall:

 

(1)  Update the information submitted pursuant to Env-Dw 401.03(a) as necessary; and

 

(2)  Make the information available for review and verification during an inspection of the water system or upon request by the department.

 

          (b)  If the number of year-round residents changes, the owner shall notify the department as soon as practicable but no later than 30 days after learning of the change.

 

Source.  (See Revision Note at part heading for Env-Dw 401) #10608, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 401.03)

 

PART Env-Dw 402  DESIGN STANDARDS FOR ALL PUBLIC WATER SYSTEMS

 

Revision Note:

 

Document #10609, effective 6-1-14, readopted with amendments and renumbered former rules Env-Ws 370.01 through Env-Ws 370.05 in Part Env-Ws 370 , entitled “General Design Standards:  Serving 1,000 or More People”, under a new subtitle as Env-Dw 402.01 through Env-Dw 402.05, within a new Part Env-Dw 402.  The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.  Document #10609 also readopted with amendments and renumbered former rule Env-Ws 344.01, entitled “Treatment of Contaminants by Flow Mix”, as Env-Dw 402.08.

 

The former rules Env-Ws 370.01 through Env-Ws 370.05 had last been filed under Document #8477, effective 11-30-05, and former rule Env-Ws 344.01 had last been filed under Document #8497, effective 11-30-05.  These rules did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10609, effective 6-1-14.

 

          Document #10609 replaces all prior filings for the former rules Env-Ws 370.01 through Env-Ws 370.05 and Env-Ws 344.01.  The prior filings for former rules Env-Ws 370.01 through Env-Ws 370.05 and Env-Ws 344.01, beginning as noted below with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

 

          Env-Ws 370.01-370.03                 Env-Ws 370.04             Env-Ws 370.05

 

          #6521, eff 6-4-97                          #7105, eff 9-23-99         #7499, eff 5-25-01

          #8360, INTERIM, eff 6-4-05         #8477, eff 11-30-05       #8351, eff 5-14-05

          #8477, eff 11-30-05                                                           #8477, eff 11-30-05

 

          Env-Ws 344.01

 

          #6521, eff 6-4-97

          #8360, INTERIM, eff 6-4-05

          #8497, eff 11-30-05

 

          Env-Dw 402.01  Applicability.  The rules of this part shall apply to all PWSs, as defined in Env-Dw 103.45.

 

Source.  #14158, eff 12-25-24

 

          Env-Dw 402.02  Approvals Required.  No person shall construct, modify, expand, or enlarge a PWS until all required state and local approvals, including water system design approval pursuant to this chapter, have been obtained.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 402.03  Application Fee.

 

(a)  As specified in RSA 485:8, III, the applicant shall pay an application fee for the review of new PWSs or existing PWSs where conversion from transient use to residential use is proposed.

 

(b)  As required by RSA 485:8, IV, the applicant shall submit the fee payment at the time of the design review submission.

 

(c)  The amount of the fee shall be based on the number of residential-type or residential-equivalent units proposed to be served by the new PWS, determined as follows:

 

(1)  For residential-type units, the fee shall be as stated in RSA 485:8, III per unit, regardless of the size of the residential units; and

 

(2)  For non-residential uses, the fee shall be as stated in RSA 485:8, III per residential-equivalent unit, rounded off to the nearest full residential-equivalent unit.

 

(d)  A residential-equivalent unit shall be a design flow of 300 gallons per day (gpd).

 

(e)  The department shall determine the number of units the system is designed to accommodate based on the applicant’s system design parameters, proposed plans for additional construction, and other factors bearing on the ultimate system demand.

 

(f)  Any application for expansion within 2 years of the initial submittal shall be deemed part of the initial water system design and therefore subject to the fee.

 

(g)  The maximum fee shall be based on 175 residential units, residential-equivalent units, or a combination of both.

 

          (h)  The minimum fee shall be based on 2 residential-equivalent units.

 

Source.  #14158, eff 12-25-24

 

          Env-Dw 402.04  Constructed Conveyances; Distribution Systems.  No constructed conveyance that is open or that is designed to be open shall be used in any part of any distribution system that provides drinking water to any member of the public. Examples of open conveyances that shall be prohibited include but are not limited to open trenches and aqueducts.

 

Source.  (See Revision Note at part heading for Env-Dw 402) #10609, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 402.05)

 

          Env-Dw 402.05  Treatment of Contaminants by Flow Mix.

 

(a)  For the purpose of this section, “flow mix” means a treatment technique where the flow of water from one or more sources having a particular contaminant exceeding an MCL is combined with flow from one or more different sources having that contaminant below the MCL, so that the resultant flow is reliably and consistently below the MCL for that contaminant.

 

(b)  The owner of a PWS shall use flow mix as a treatment alternative only:

 

(1)  For contaminants in excess of the MCL specified in Env-Dw 703 through Env-Dw 706; and

 

(2)  In accordance with this section.

 

(c)  Before beginning the design of a flow mix treatment system, the owner shall:

 

(1)  Inform the department that the PWS intends to use the flow mix treatment method; and

 

(2)  Submit to the department flow mix calculations based on analyses of its water sources performed within the past 6 years, or a shorter record that demonstrates consistency of quality, that include the concentration and volume ratios proposed to be used for each source that demonstrate that the criteria of (d), below, will be met.

 

(d)  The department shall approve the use of flow mix if the information submitted pursuant to (c) above, demonstrates that when the sources are combined at the correct ratio, the concentration level of the contaminant proposed to be treated by flow mixing will be reliably and consistently below the applicable MCL.

 

(e)  The equipment used to control, verify, and document proper flow mix treatment shall include:

 

(1)  One control circuitry for all sources proposed for flow mix;

 

(2)  Flow meters installed to measure the output from each source to be used;

 

(3)  A rate of flow controller, either electronic, such as a variable frequency drive, or mechanical, such as a throttling valve, for each source to allow that source's output to be regulated;

 

(4)  An isolation valve for the mixture; and

 

(5)  A sample tap with a smooth outlet nozzle for each source and for the mixture.

 

(f)  The owner shall submit, on a quarterly basis:

 

(1)  Records to document the actual source flows and the calculated, concentration-weighted ratio of the mixture on a monthly calculation basis; and

 

(2)  Certification that the established flow mix ratios have been followed.

 

(g)  A water quality sample shall be taken and analyzed:

 

(1)  From each source on an annual basis; and

 

(2)  Of the mixture on a quarterly basis.

 

Source.  (See Revision Note at part heading for Env-Dw 402) #10609, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 402.06)

 

          Env-Dw 402.06  Quality of Products and Workmanship.  The quality, materials, and workmanship standards of the American Water Works Association (AWWA), specified in Table 402-1 below and available as noted in Appendix B, shall apply to all public water systems relative to construction, operation, and maintenance activities regulated by Env-Dw 300 and Env-Dw 401 through Env-Dw 406.


 

 

Table 402-1

Standards of the AWWA

 

STANDARD CATEGORY

Subcategory (if any)

Number

Edition

Title of Standard

SOURCE

Groundwater and Wells

A100-20

2020

Water Wells

TREATMENT

Filtration

B100-16

2016

Granular Filter Material

B101-22

2022

Precoat Filter Media

B102-15(R20)

2015

Manganese Greensand for Filters

B112-19

2019

Microfiltration and Ultrafiltration Membrane Systems

B114-22

2022

Reverse Osmosis and Nanofiltration Systems for Water Treatment

B116-19

2019

Electrodialysis and Ion-Exchange Membrane Systems

B130-23

2023

Membrane Bioreactor Systems

Softening

B200-22

2022

Sodium Chloride

B201-18

2018

Soda Ash

B202-19

2019

Quicklime and Hydrated Lime

Disinfection Chemicals

B300-24

2024

Hypochlorites

B301-24

2024

Liquid Chlorine

B302-23

2023

Ammonium Sulfate

B303-18

2018

Sodium Chlorite

B304-21

2021

Liquid Oxygen for Ozone Generation for Water, Wastewater, and Reclaimed Water Systems

B305-22

2022

Anhydrous Ammonia

B306-22

2022

Aqua Ammonia (Liquid Ammonium Hydroxide)

Coagulation

B402-18

2018

Ferrous Sulfate

B403-24

2024

Aluminum Sulfate-Liquid, Ground, or Lump

B404-22

2022

Liquid Sodium Silicate

B405-24

2024

Sodium Aluminate

B406-20

2020

Ferric Sulfate

B407-18

2018

Liquid Ferric Chloride

B408-18

2018

Liquid Polyaluminum Chloride

B451-23

2023

Poly (Diallyldimethylammonium Chloride)

B452-20

2020

EPI-DMA Polyamines

B453-19

2019

Polyacrylamide

Scale and Corrosion Control

B501-19

2019

Sodium Hydroxide (Caustic Soda)

B502-23

2023

Sodium Polyphosphate, Glassy (Sodium Hexametaphosphate)

B503-23

2023

Sodium Tripolyphosphate

B504-18

2018

Monosodium Phosphate, Anhydrous and Liquid

B505-18

2018

Disodium Phosphate, Anhydrous

B506-18

2018

Zinc Orthophosphate

B507-23

2023

Phosphoric Acid

B510-18

2018

Carbon Dioxide

B511-23

2023

Potassium Hydroxide

B512-23

2023

Sulfur Dioxide

B550-23

2023

Calcium Chloride

Taste and Odor Control

B600-16

2016

Powdered Activated Carbon

B601-17

2017

Sodium Metabisulfite

B602-17

2017

Copper Sulfate

B603-23

2023

Permanganates

B604-18

2018

Granular Activated Carbon

B605-18

2018

Reactivation of Granulated Activated Carbon

Fluorides

 

 

B701-24

2024

Sodium Fluoride

B702-24

2024

Sodium Fluorosilicate

B703-19

2019

Fluorosilicic Acid

PIPE AND ACCESSORIES

Ductile-Iron Pipe and Fittings

C104/A21.4-22

2022

Cement-Mortar Lining for Ductile-Iron Pipe and Fittings

C105/A21.5-18

2018

Polyethylene Encasement for Ductile-Iron Pipe Systems

C110/A21.10-21

2021

Ductile-Iron and Gray- Iron Fittings

C111/A21.11-23

2023

Rubber-Gasket Joints for Ductile-Iron Pressure Pipe and Fittings

C115/A21.15-20

2020

Flanged Ductile-Iron PipeWith Ductile-Iron or Gray-Iron Threaded Flanges

C116/A21.16-22

2022

Protective Fusion-Bonded Epoxy

Coatings for the Interior and Exterior Surfaces of Ductile-Iron and Gray-Iron Fittings

C150/A21.50-(R23)

2021

Thickness Design of Ductile-Iron Pipe

C151/A21.51-23

2023

Ductile-Iron Pipe, Centrifugally Cast

C153/A21.53-19

2019

Ductile-Iron Compact Fittings

Steel Pipe

C200-23

2023

Steel Water Pipe, 6 in. (150 mm) and Larger

C203-20

2020

Coal-Tar Protective Coatings and Linings for Steel Water Pipe

C205-18

2018

Cement-Mortar Protective Lining and Coating for Steel Water Pipe--4 in. (100 mm) and Larger--Shop Applied

C206-23

2023

Field Welding of Steel Water Pipe

C207-23

2023

Steel Pipe Flanges for Waterworks Service,-Sizes 4 in. through 144 in. (100 mm through 3,600 mm)

C208-22

2022

Dimensions for Fabricated Steel Water Pipe Fittings

C209-19

2019

Tape Coatings for Steel Water Pipe and Fittings

C210-24

2024

Liquid-Epoxy Coatings and Linings Steel Water Pipe and Fittings

(C210a-20 Addendum Incorporated)

C213-22

2022

Fusion-Bonded Epoxy Coatings and Linings for Steel Water Pipe and Fittings

C214-20

2020

Machine-Applied Polyolefin Tape Coatings Steel Water Pipe

C215-22

2022

Extruded Polyolefin Coatings for Steel Water Pipelines

C216-22

2022

Heat-Shrinkable Cross-Linked Polyolefin Coatings for Steel Water Pipe and Fittings

C217-23

2023

Microcrystalline Wax and Petrolatum Tape Coatings Systems for Steel Water Pipe and Fittings

C218-23

2023

Liquid Coatings for Aboveground Steel Water Pipe and Fittings

C219-23

2023

Bolted, Sleeve-Type Couplings for Plain-End Pipe

C220-23

2023

Stainless-Steel Pipe, ˝ 4 in. (13 mm) and Larger

C221-24

2024

Fabricated Steel Mechanical Slip-Type Expansion Joints

C222-18

2018

Polyurethane Coatings and Linings for Steel Water Pipe and Fittings

C223-19

2019

Fabricated Steel and Stainless-Steel Tapping Sleeves

C224-24

2024

Nylon-11-Based Polyamide Coatings System for the Interior and Exterior of Steel Water Pipe, Connections, Fittings, and Special Sections

C225-20

2020

Fused Polyolefin Coatings Steel Water Pipe

C226-19

2019

Stainless-Steel Fittings for Waterworks Service, Sizes ˝ In. Through 72 In. (13 mm Through 1,800 mm)

C227-22

2022

Bolted, Split-Sleeve Couplings for Plain-End Pipe

C228-19

2019

Stainless-Steel Pipe Flange Joints for Water Service – Sizes 2 In. Through 72 In. (50 mm Through 1,800 mm)

C229-20

2020

Fusion-Bonded Polyethylene Coatings for Steel Water Pipe and Fittings

C230-22

2022

Stainless-Steel Full-Encirclement Repair and Service Connection Clamps for 2-In. Through 12-In. (50-mm

Through 300-mm) Pipe

C231-24

2024

Field Welding of Stainless Steel Water Pipe

C232-22

2022

Viscoelastic Coatings for Steel Water Pipe and Fittings

Concrete Pipe

C300-22

2022

Reinforced Concrete Pressure Pipe, Steel-Cylinder Type

C301-14(R19)

2014

Prestressed Concrete Pressure Pipe, Steel-Cylinder Type

C302-22

2022

Reinforced Concrete Pressure Pipe, Noncylinder Type

C303-24

2024

Concrete Pressure Pipe, Bar-Wrapped, Steel-Cylinder Type

C304-14(R19)

2014

Design of Prestressed Concrete Cylinder Pipe

C305-24

2024

CFRP Renewal and Strengthening of Prestressed Concrete Cylinder Pipe (PCCP)

Valves and Hydrants

C500-19

2019

Metal-Seated Gate Valves for Water Supply Service

C502-18

2018

Dry-Barrel Fire Hydrants

C503-21

2021

Wet-Barrel Fire Hydrants

C504-23

2023

Rubber-Seated Butterfly Valves

C507-23

2023

Ball Valves 4 in. through 60 in. (100 mm Through

1,500 mm)

C508-17

2017

Swing-Check Valves for Waterworks Service, 2 in. Through 24 in. (50 mm through 600 mm) NPS

C509-23

2023

Resilient-Seated Gate Valves for Water Supply Service

C510-17(R21)

2017

Double Check Valve Backflow Prevention Assembly

C511-17(R21)

2017

Reduced-Pressure Principle Backflow Prevention Assembly

C512-15

2015

Air Release, Air/Vacuum, and Combination Air Valves for

 Water and Wastewater Service

C514-20

2020

Air Valve and Vent Inflow Preventer Assemblies for

Potable Water Distribution System and Storage Facilities

C515-20

2020

Reduced-Wall, Resilient-Seated Gate Valves for Water Supply Service

C516-21

2021

Large-Diameter Rubber-Seated Butterfly Valves, Sizes 78

In. (2,000 mm) and Larger

C517-16(R21)

2016

Resilient-Seated Cast-Iron Eccentric Plug Valves

C518-18

2018

Double-Disc Swing-Check Valves for Waterworks Service, 2 In. Through 48 In. (50 mm Through 1,200 mm) NPS

C519-18

2018

High-Performance Waterworks Butterfly Valves – 3 In. (75 mm) Through 60 In. (1,500 mm)

C520-24

2024

Knife Gate Valves, Sizes 2 In. (50 mm) Through 96 In. (2,400 mm)

C521-23

2023

Plastic Ball Valves

C522-22

2022

Rotary Cone Valves, 6 In. Through 60 In. (150 mm Through 1,500 mm)

C530-22

2022

Pilot-Operated Control Valves

C541-16(R21)

2016

Hydraulic and Pneumatic Cylinder and Vane-Type Actuators for Valves and Slide Gates

C542-16(R21)

2016

Electric Motor Actuators for Valves and Slide Gates

C550-17

2017

Protective Interior Coatings for Valves and Hydrants

C560-21

2021

Cast-Iron Slide Gates

C561-21

2021

Fabricated Stainless-Steel Slide Gates

C562-21

2021

Fabricated Aluminum Slide Gates

C563-21

2021

Fabricated Composite Slide Gates

PIPE INSTALLATION

C600-23

2023

Installation of Ductile-Iron Water Mains and Their Appurtenances

C602-23

2023

Cement-Mortar Lining of Water Pipelines in Place -- 4 in. (100 mm) and Larger

C604-17

2017

Installation of Buried Steel Water Pipe – 4 In. (100 mm) and Larger

C605-21

2021

Underground Installation of Polyvinyl Chloride (PVC) and Molecularly Oriented Polyvinyl Chloride (PVCO)

Pressure Pipe and Fittings

C606-22

2022

Grooved and Shouldered Joints

C620-19

2019

Spray-In-Place Polymeric Lining for Potable Water Pipelines 4 In. (100 mm) and Larger

C621-18

2018

Internal Pipe Joint Seal Assemblies for Water Service

C622-19

2019

Pipe Bursting of Potable Water Mains 4 In. (100 mm) to 36 In. (900 mm)

C623-22

2022

Cured-In-Place Pipe (CIPP) Rehabilitation of Pressurized

Potable Water Pipelines, 4 In. (100 mm) and Larger

DISINFECTION OF FACILITIES

C651-23

2023

Disinfecting Water Mains

C652-19

2019

Disinfection of Water-Storage Facilities

C653-20

2020

Disinfection of Water Treatment Plants

C654-21

2021

Disinfection of Wells

C655-18

2018

Field Dechlorination

C670-20

2020

Online Chlorine Analyzer Operation and Maintenance

C671-21

2021

Online Turbidimeter Operation and Maintenance

METERS

C700-20

2020

Cold-Water Meters – Displacement Type, Bronze Main Case

C701-19

2019

Cold-Water Meters – Turbine Type, for Customer Service

C702-19

2019

Cold-Water Meters – Compound Type

C703-19

2019

Cold-Water Meters – Fire-Service Type

C704-19

2019

Propeller-Type Meters for Waterworks Applications

C707-22

2022

Encoder-Type Remote-Registration Systems for Cold-Water Meters

C708-19

2019

Cold-Water Meters – Multi-jet Type

C710-20

2020

Cold-Water Meters – Displacement Type, Plastic Main Case

C712-19

2019

Cold-Water Meters – Singlejet Type

C713-19

2019

Cold-Water Meters – Fluidic-Oscillator Type

C714-19

2019

Cold-Water Meters for Residential Fire Sprinkler

Systems in One- and Two-Family Dwellings and Manufactured Homes

C715-18(R22)

2018

Cold-Water Meters – Electromagnetic and Ultrasonic Type, for Revenue Applications

C750-19(R23)

2019

Transit-Time Flowmeters in Full Closed Conduits

C751-19(R23)

2019

Magnetic Inductive Flowmeters

SERVICE LINES

C800-21

2021

Underground Service Line Valves and Fittings

C810-17

2017

Replacement and Flushing of Lead Service Lines

PLASTIC PIPE

C900-22

2022

Polyvinyl Chloride (PVC) Pressure Pipe and Fabricated Fittings, 4 in. through 60 in. (100 mm Through 1,500

mm)

C901-20

2020

Polyethylene (PE) Pressure Pipe and Tubing, ľ in. (19 mm) through 3 in. (76 mm), for Water Service

C903-21

2021

Polyethylene-Aluminum-Polyethylene (PE-AL-PE) Composite Pressure Pipes, 12 mm (1/2 In.) Through 51 mm (2 In.), for Water Service

C904-22

2022

Crosslinked Polyethylene (PEX) Pressure Tubing, ˝ In. (13 mm) Through 3 In. (76 mm), for Water Service

C906-21

2021

Polyethylene (PE) Pressure Pipe and Fittings, 4 in. through

65 in. (100 mm through 1,650 mm), for Waterworks

C907-23

2023

Injection-Molded Polyvinyl Chloride (PVC) Pressure

Fittings, 4 in. through 12 in. (100 mm through 300 mm) for Water, Wastewater, and Reclaimed Water Services.

C909-22

2022

Molecularly Oriented Polyvinyl Chloride (PVCO) Pressure

Pipe, 4 In.- 24 In. (100 mm-600 mm), for Water, Wastewater, and Reclaimed Water Service

C950-20

2020

Fiberglass Pressure Pipe

STORAGE

D100-21

2021

Welded Carbon Steel Tanks for Water Storage

D101-24

2024

Evaluation of Steel Water Tanks and Related Facilities

D102-24

2024

Coating Steel Water-Storage Tanks

D103-19

2019

Factory-Coated Bolted Carbon Steel Tanks for Water Storage

D104-23

2023

Automatically Controlled, Impressed-Current Cathodic Protection for the Interior Submerged Surfaces of Steel Water Storage Tanks

D106-20

2020

Sacrificial Anode Cathodic Protection Systems for the Interior Submerged Surfaces of Steel Water Storage

Tanks

D107-16

2016

Composite Elevated Tanks for Water Storage

D108-19

2019

Aluminum Dome Roofs for Water Storage Facilities

D110-13(R18)

2013

Wire- and Strand-Wound, Circular, Prestressed- Concrete Water Tanks

D115-20

2020

Tendon-Prestressed Concrete Water Tanks

D120-19

2019

Thermosetting Fiberglass-Reinforced Plastic Tanks

D121-12

2012

Bolted Aboveground Thermosetting Fiberglass-Reinforced Plastic Panel-Type Tanks for Water Storage

D130-11(R19)

2011

Geomembrane Materials for Potable-Water Storage

Applications

PUMPS

E102-23

2023

Submersible Vertical Turbine Pumps

E103-21

2021

Horizontal Centrifugal and Vertical Line Shaft Pumps

E110-22

2022

Solids Handling Pumps for Wastewater Applications

E200-23

2023

Progressive Cavity Chemical Metering Pumps

PLANT EQUIPMENT

F101-19

2019

Contact-Molded, Fiberglass-Reinforced Plastic Wash- Water Troughs and Launders

F102-19

2019

Matched-Die-Molded, Fiberglass-Reinforced Plastic Weir Plates, Scum Baffles, and Mounting Brackets

F110-22

2022

Ultraviolet Disinfection Systems for Drinking Water

F120-18

2018

Ozone Systems for Water

F130-22

2022

Aeration Systems for Biological Wastewater Treatment

 

Source.  #14158, eff 12-25-24 (formerly Env-Dw 402.03 and Env-Dw 407.01)

 

PART Env-Dw 403  COATINGS, ADDITIVES, AND LEAD PROHIBITION

 

Revision Note:

 

          Document #10610, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 305, entitled “Coatings and Additives; Lead Prohibition”, under a new subtitle as Part Env-Dw 403, entitled “Coatings, Additives, and Lead Prohibition”.  The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

 

          The former Part Env-Ws 305 had last been filed under Document #8498, effective 11-30-05.  The rules in former Part Env-Ws 305 did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10610, effective 6-1-14.

 

          Document #10610 replaces all prior filings for the rules formerly in Env-Ws 305.  The prior filings for rules in the former Env-Ws 305, beginning with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

 

          #6521, eff 6-4-97

          #8360, INTERIM, eff 6-4-05

          #8498, eff 11-30-05

 

          Env-Dw 403.01  Coatings, Surfaces, and Additives.

 

(a)  All chemicals added to drinking water and all coatings and surfaces in contact with drinking water shall be tested and certified in accordance with the applicable direct and indirect additives standards “Drinking Water Treatment Chemicals – Health Effects”, (60) American National Standards Institute (ANSI) document identification number NSF/ANSI 60-2024, American National Standards Institute, 2024, available as specified in Appendix B, and “Drinking Water System Components – Health Effects”, (61) ANSI document identification number NSF/ANSI 61-2023, American National Standards Institute, 2023, available as specified in Appendix B.

 

(b)  For chemicals, the original producer of the product shall obtain the certification. Repackers of chemicals shall not be required to obtain separate certification, provided however, that repackers shall self-certify that the cleanliness of their procedures and purity of the resultant product is equivalent to that required of the original manufacturer.

 

(c)  Any person who undertakes reformulation of chemicals shall obtain certification in accordance with NSF and ANSI 60.

 

(d)  Agencies or firms providing testing and certification for others shall be certified by NSF and the

ANSI.

 

Source.  (See Revision Note at part heading for Env-Dw 403) #10610, eff 6-1-14; ss by #14158, eff 12-25-24

 

          Env-Dw 403.02  Prohibition on Use of Lead Pipes, Solder, and Flux.

 

(a)  All pipes, pipe or plumbing fittings or fixtures, backflow preventers, solder, and flux used in or on drinking water plumbing shall be lead free as defined in 40 CFR 143.12, 7-1-24 edition.

 

(b)  This section shall not apply to leaded joints necessary for the repair of cast iron pipes but shall otherwise apply to the installation or repair of:

 

(1)  Any public water system; and

 

(2)  Any plumbing in a residential or non-residential facility providing water for human consumption which is connected to a public water system.

 

(c)  As provided by the federal Safe Drinking Water Amendments of 1986 and 40 CFR 143.13 the requirements of (a) above, shall apply notwithstanding any contrary provision in the state or local plumbing codes or the rules of the state board for the licensing and regulation of plumbers.

 

Source.  (See Revision Note at part heading for Env-Dw 403) #10610, eff 6-1-14; ss by #12181, eff 5-23-17; ss by #14158, eff 12-25-24

 

          Env-Dw 403.03  Distribution Piping Materials Inventory. 

 

(a)  The owner or operator (O/O) of a community water system (CWS) shall identify and report to the department whether the following construction materials are present in the distribution system of the CWS:

 

(1)  Lead from piping, solder, caulking, interior lining of distribution mains, alloys, and home plumbing;

 

(2)  Copper from piping and alloys, service lines, and home plumbing;

 

(3)  Galvanized piping, service lines, and home plumbing;

 

(4)  Ferrous piping materials such as cast iron and steel; and

 

(5)  Asbestos cement pipe.

 

(b)  The O/O shall maintain and update as necessary a lead service line inventory and lead service line replacement plan meeting the requirements of 40 CFR 141 Subpart I, 7-1-24 edition.

 

Source.  #12181, eff 5-23-17; ss by #14158, eff 12-25-24

 

PART Env-Dw 404  DESIGN STANDARDS FOR LARGE COMMUNITY WATER SYSTEMS AND COMMUNITY WATER SYSTEMS SERVING FIRE PROTECTION HYDRANTS

 

Revision Note:

 

          Document #10611, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 374 under a new subtitle as Part Env-Dw 404.  The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. 

 

          The former Part Env-Ws 374 had last been filed under Document #8478, effective 11-30-05.  The rules in former Part Env-Ws 374 did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10611, effective 6-1-14.

 

          Document #10611 replaces all prior filings for the rules formerly in Env-Ws 374.  The prior filings for rules in the former Env-Ws 374, beginning with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

 

          #6521, eff 6-4-97 (as Env-Ws 375)

          #8360, INTERIM, eff 6-4-05 (as Env-Ws 375)

          #8478, eff 11-30-05

 

          Env-Dw 404.01  Applicability.

 

(a)  The rules of this part shall apply to CWSs, as defined in Env-Dw 103.11, that are large community water systems as defined in Env-Dw 103.27, have fire protection provided by street hydrants, or use surface water as a source of water supply.

 

(b)  Requirements for small community water systems as defined in Env-Dw 103.55 are set forth in Env-Dw 302, Env-Dw 305, and Env-Dw 405, as applicable.

       

(c)  For existing large CWSs that propose to expand or be modified, the design criteria of this part shall apply only to the component(s) of the CWS affected by the proposed expansion, modification, or both. For the purposes of this section, “modified” means altered, added to, or enlarged.

       

(d)  No person shall connect a new or existing well to a large CWS without prior approval obtained in accordance with Env-Dw 302 and this part.

       

(e)  Any existing water supply source for a large CWS that has not previously been approved by the department shall meet the requirements specified in Env-Dw 302.

       

(f)  No person shall start up a large CWS without obtaining approval for the final design in accordance with Env-Dw 404.03 and without completing the post-construction procedures required by Env-Dw 404.06.

       

(g)  No person shall connect a large CWS to any other PWS without obtaining approval for the final design in accordance with Env-Dw 404.03 and without completing the post-construction procedures required by Env-Dw 404.06.

 

(h)  Subject to (i) below, no person shall perform modifications to an existing large CWS collection, treatment, storage, or distribution facility, including hydraulic and pumping infrastructure, that could adversely affect public health, without approval from the department in accordance with Env-Dw 404.09 below.

 

(i)  Examples of modifications that could adversely affect public health include, but are not limited to, addition or replacement of storage tanks, water treatment facilities, pumping facilities, and distribution piping or addition of service connections.

       

(j)  Replacement of 500 feet, or less, of piping with no new service connections or change in pipe size shall not require approval from the department provided the piping is replaced in accordance with the design criteria in Env-Dw 404.04 and Env-Dw 404.05.

 

Source.  (See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

          Env-Dw 404.02  Application Procedures.

 

(a)  An applicant requesting approval to construct or register a large CWS pursuant to this part shall submit the following information to the department electronically at dwengineering@des.nh.gov:

 

(1)  An engineer’s report, design drawings, and specifications as specified in Env-Dw 404.04 and Env-Dw 405.05;

 

(2)  The well driller’s well completion report for each well as required in We 800;

 

(3)  The water quality analysis results of the water from each source as specified in Env-Dw 302;

 

(4)  The permitted production volume for each well, approved pursuant to Env-Dw 302;

 

(5)  If connection to another PWS is proposed, the supplying owner shall provide information demonstrating:

 

a.  Adequate quantities of water are available to serve the receiving PWS; and

 

b.  With the receiving PWS online, adequate system pressures and source capacity will be maintained within the supplying PWS;

 

(6)  The name of a designated primary operator certified in accordance with Env-Dw 502 or a description of a plan and schedule to ensure the presence of a certified primary operator upon commencement of operation of the PWS;

 

(7)  Business plan pursuant to Env-Dw 602.03;

 

(8)  Water ordinance or water system rules pursuant to Env-Dw 503.08; and

 

(9)  An emergency plan pursuant to Env-Dw 503.21.

         

(b)  The applicant shall:

 

(1)  Ensure that all submitted engineering reports, plans, specifications, calculations, and other pertinent information relating to the design or construction of a large CWS are sealed by a professional engineer licensed in the state of New Hampshire;

 

(2)  Sign and date the application; and

 

(3)  Certify that the information provided is accurate.

 

(c)  The design review fee required by Env-Dw 402.03 shall be paid in conjunction with submission of the application.

 

(d)  An applicant requesting approval to modify, expand, or enlarge an existing large CWS shall submit the following to the department electronically at dwengineering@des.nh.gov:

 

(1)  The name, location, and PWS identifier;

 

(2)  The name, mailing address, daytime telephone number, and e-mail address of the contact person who can answer questions about the proposal on behalf of the owner; and

 

(3)  The information required in Env-Dw 404.09.

 

(e)  The plans and specifications for all proposed large CWSs or modifications, including expansions, to existing large CWSs shall be sealed by a professional engineer licensed in the state of New Hampshire.

 

Source.  (See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

          Env-Dw 404.03  Application Approval, Request for Additional Information, and Denial.

 

(a)  The department shall review the design review application submitted in accordance with Env-Dw 404.02.

 

(b)  If the department determines that the application meets the design standards specified in Env-Dw 404.04 and Env-Dw 404.05, the department shall issue a final design approval and include project-specific conditions as necessary to ensure compliance with the requirements of these rules and RSA 485.

 

(c)  If the department determines that the information submitted in the application is insufficient for the department to determine whether the design standards of Env-Dw 404.04 and Env-Dw 404.05 are met, the department shall notify the applicant in writing of the additional information needed to assess the application.

 

(d)  The notice provided by the department pursuant to paragraph (c) above shall specify:

 

(1)  What information is needed;

 

(2)  The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;

 

(3)  The provisions of Env-Dw 404.02 relative to submitting the information; and

 

(4)  The provisions of paragraphs (e) and (f) below relative to failing to provide the information.

 

(e)  The department shall deny the application if:

 

(1)  The applicant does not submit the additional information requested within the time frame specified in subparagraph (d)(2) above or extended pursuant to (g) below; or

 

(2)  The design standards specified in Env-Dw 404.04 and Env-Dw 404.05 are not met.

 

(f)  To request an extension to the deadline specified in (d)(2) above, the owner shall submit a written request for extension, including specific reason(s) why the extension is being sought and the requested revised deadline.

 

(g)  After receiving an extension request, if the department finds the requirements of (f) above are met, and that an extension has not previously been granted for this application, the department shall extend the deadline, for one time only, for 90 days.

 

(h)  Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 404.02 and a new application fee in accordance with Env-Dw 402.03, as applicable.

 

Source.  (See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

          Env-Dw 404.04  Design Standards Adopted by Reference.

 

(a)  Except as otherwise required by these rules, collection, treatment, distribution, and storage components and all other appurtenances of all large CWSs and those CWSs providing fire protection by means of street hydrants shall be designed in accordance with the practices and standards set forth in the 2022 edition of “Recommended Standards for Water Works,” committee report of the Great Lakes - Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, available as noted in Appendix B, with the following exceptions and as further modified by paragraphs (b) and (c) below and Env- Dw 404.05:

 

(1)  The foreword; and

 

(2)  The following sections related to well construction methods:

 

a.  Section 3.2.6.2 (b)(5); and

 

b.  Section 3.2.6.5.

 

(b)  If the local legislative body of a political subdivision which owns a PWS does not vote to approve funding for the requirements of the 2022 edition of the "Recommended Standards for Water Works" as compared to the 1982 edition thereof and the improvements are not fully funded by the state, the department shall not require the improvements to be implemented.

 

(c)  The following terms used in the document adopted by reference at paragraph (a) above, shall be defined, as follows:

 

(1)  “100-year flood elevation” means the flood hazard elevation determined in accordance with Env-Dw 404.05(o).  This term also includes  “highest flood of record”;

 

(2)  “Subject to flooding” means below the flood hazard elevation;

 

(3)  “Outside flood plains,” “free from flooding,” and “protected from flooding” means above the flood hazard elevation; and

 

(4)  “Flood plain” means the area below the flood hazard elevation.

 

Source.  (See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

          Env-Dw 404.05  Additional Design Standards.

 

(a)  In addition to the design criteria specified in this part, requirements for:

 

(1)  Surface water filtration, disinfection, and waste recycling shall be as specified in Env-Dw 716; and

 

(2)  Source water treatment for corrosion control shall be as specified in Env-Dw 714.

 

(b)  Site selection, yield and drawdown testing, and source water protection for wells for large CWSs and water quality for new wells shall be as specified in Env-Dw 302.

 

(c)  Standards for well abandonment shall be as specified in We 600 as adopted by the New Hampshire water well board.

 

(d)  Standards for submersible pumps shall be as specified in We 700 as adopted by the New Hampshire water well board.

 

(e) Standards for installation, maintenance, repair, or replacement of well pumps shall be as specified in We 700 as adopted by the New Hampshire water well board.

 

(f)  The total developed groundwater source capacity shall equal or exceed the design maximum day demand and equal or exceed the design average day demand with the largest producing well out of service.

 

(g)  The source water protection plan for surface water sources, which may be an existing plan, as described in Part 3.1 of the document adopted by reference at Env-Dw 404.04(a), shall:

 

(1)  Include:

 

a.  A map showing the delineation of the watershed area contributing water to the source on an appropriate scale applying standard delineation methods and identifying smaller priority areas, including riparian buffer zones, priority sub-watersheds, or both, that present higher vulnerabilities to source water quality;

 

b.  A watershed characterization summarizing physical and natural features, land use, and known waterbody conditions, including pollutant sources and water quality use impairment(s);

 

c.  An inventory of known and potential contamination sources, including all point and non-point pollutant sources having the ability to discharge or release contaminants to the source or its tributaries within a minimum 6-hour travel time from the intake;

 

d.  A determination of susceptibility to contaminant sources that considers, among other things, the distance, quantity, solubility and toxicity, dispersion, and dilution of contaminants and review of pertinent compliance monitoring data reported by a PWS;

 

e.  A list and description of prioritized and practicable protection actions having identified milestones to be completed by the owner, committed partners, or both, which shall include best management practice (BMP) inspections within a minimum of 4,000-feet upgradient of the intake within the watershed;

 

f.  A list of recommended protection strategies to be considered by the owner;

 

g.  A public education program targeted to watershed residents; and

 

h.  A schedule with dates for periodic plan updates and evaluation;

 

(2)  Be approved by the department pursuant to Env-Dw 404.03 prior to placing the proposed surface water source into operation; and

 

(3)  Be implemented by the owner or partner subsequently identified in the plan, over a specific timeframe as set forth in the department’s approval pursuant to (2) above.

 

(h)  Isolation valves shall be located at not more than 500 foot intervals in areas where the ground elevation is below the flood hazard elevation as determined in accordance with (o) below and in areas where water pipes are at a risk of being damaged by erosion.

 

(i)  Run time meters shall be installed on all pumps.

 

(j)  Water meters shall be:

 

(1)  Installed to continuously measure the flow from:

 

a. Each source independently;

 

b. Any washwater;

 

c. Any recycled water;

 

d. Any blended water of different quality; and

 

e. The finished water at the distribution entry point prior to the first customer and after any storage or clearwell at the pumphouse or treatment facility; and

 

(2)  Maintained in accordance with the standards of the AWWA as required by Env-Dw 402.

 

(k)  Data from the meters required by (j) above shall be recorded such that the operator may periodically access and save the data for tracking purposes. For each source, the monthly volume of withdrawal and the 24-hour maximum volume for each month shall be recorded and reported to the department in accordance with Env-Wq 2102.

 

(l)  A sampling point shall be provided after the last point of chemical injection with consideration given to adequate mixing. If atmospheric storage is located prior to the first customer, sampling points shall be provided both upstream and downstream of the atmospheric storage tank prior to the first customer.

 

(m)  Any PWS that conducts a partial or full replacement of a lead service line or galvanized service line requiring replacement shall be subject to the requirements of 40 CFR 141 Subpart I, 7-1-24 edition.

 

(n)  Handling and disposal of lead pipe, galvanized pipe that might contain lead, or other lead components shall be subject to Env-Hw 400, Env-Hw 500, Env-Hw 800, and Env-Hw 1200.

 

(o)  In addition to (p) below, the flood hazard elevation shall be determined using:

 

(1)  The freeboard value, reached by adding 3 feet to the 1-percent-annual-chance flood elevation, or adding 3 feet to the highest flood elevation of record, whichever is higher; or

 

(2)  A best available scientific approach that uses readily available, actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on latest climactic predictions.

 

(p)  If the project is for infrastructure within at least one of New Hampshire’s 17 coastal zone municipalities, including Dover, Durham, Exeter, Greenland, Hampton, Hampton Falls, Madbury, New Castle, Newfields, Newington, Newmarket, North Hampton, Portsmouth, Rollinsford, Rye, Seabrook, and Stratham, determination of the flood hazard elevation specified in paragraph (o) above shall address projected storm surge, sea level rise, and precipitation events identified in the “New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections" prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel 2019 available as noted in Appendix B. A representative concentration pathway (RCP) of RCP 4.5 or higher and a “low” or “very low” tolerance for flood risk shall be applied.

 

(q)  If a proposed component of a drinking water system is proposed to be located below a flood hazard elevation as determined using the approaches in paragraph (o) above and there are no practicable alternatives to the proposed site, measures shall be taken to minimize the risk of flood damage. The designer shall document the mitigating measures or design modifications that will be taken to reduce the threats from locating the project below the flood hazard elevation.

 

(r)  No component of a drinking water system shall be located in a Federal Emergency Management Agency (FEMA)-designated floodway, with the exception of buried piping.

 

(s)  To the extent practicable, drinking water facilities shall not be located in areas subject to a risk greater than 1% from earthquakes, fires, or other disasters that could damage the CWS or a portion thereof.

 

Source.  (See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

 

Env-Dw 404.06  PWS Capacity Assurance.  A proposed PWS shall meet the requirements of Env- Dw 602 relative to capacity assurance in order to receive design approval from the department.

 

Source.  (See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

 

          Env-Dw 404.07  Post-Construction Procedures.

 

(a)  Within 90 days after the water system, or a portion thereof, is placed into service, record drawings shall be submitted to the department and to the operator showing precise horizontal dimensional measurements, depth of bury, material type, and nominal size of all buried water distribution piping and fittings, and service shut-offs, curb stops, taps, corporation stops at water mains, and piping, gate valves, blow-offs, hydrants, flushing devices, and utility crossings.

 

(b)  For purposes of this section, “precise dimensional measurements” means of sufficient accuracy to locate the piping or appurtenance to within 1 foot accuracy, recorded to the nearest 0.5 foot.

 

(c)  The owner shall maintain and update, as necessary, the water system’s record drawings and tie location records based on the best information available to the owner.

 

(d)  Flushing and chlorination of the water distribution piping system shall be completed as specified in (e) and (f) below before use.

 

(e)  Before the inspection of the water system by the department as required by Env-Dw 404.07, the entire water system, distribution pipes, storage tanks, and pumps shall be flushed to remove any dirt or other contaminants, and then chlorinated in accordance with the appropriate AWWA specification, as specified in Env-Dw 402.

 

(f)  Upon completion of the disinfection, the system shall then be flushed again until chlorine residual is less than 0.1 milligrams per liter, and a water sample shall be taken from the end of the  distribution system and analyzed for bacterial quality by a laboratory accredited for such test by the New Hampshire environmental laboratory accreditation program.

 

(g)  The owner shall perform a leakage test of the piping system before system use. The distribution system shall be checked for leakage in accordance with the appropriate AWWA standard, as specified in Env-Dw 402. Leakage shall not exceed the value given in the appropriate AWWA standard.

 

Source.  (See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

          Env-Dw 404.08  Notification of Initiation of Water Service and Request for Inspection.

 

(a)  Subject to (b) below, upon completion of the construction of a new PWS or modifications to an existing PWS and all required testing, but no later than 10 days preceding the start of water service, the owner shall notify the department of the proposed date of the start of water service and request an inspection of the completed construction. The PWS shall not initiate service until 10 days after all notifications are provided in writing to the department.

 

(b)  As part of or prior to the notification required by paragraph (a) above, the owner shall submit to the department:

 

(1)  Written verification of completion of construction, disinfection of all water system components that will come into direct contact with potable water, and completion of all required testing;

 

(2)  The operation and maintenance manual required by the document incorporated by reference at paragraph Env-Dw 404.04(a);

 

(3)  The record drawings required by Env-Dw 404.06(a); and

 

(4)  For new PWS, a lead service line inventory and replacement plan meeting the requirements of 40 CFR 141 Subpart I, 7-1-24 edition.

 

(c)  The certified operator knowledgeable of the water system shall be in attendance at the inspection by the department.

 

(d)  For existing PWSs, an inspection by the department shall not be required for construction of water main replacement, extension, or both, including water service connections, but the owner shall submit the information required in (b)(1) and (3) above to the department.

 

Source.  (See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

          Env-Dw 404.09  Modifications and Expansions.

 

(a)  Any person seeking to expand a large CWS shall submit the following to the department:

 

(1)  A water audit conducted in accordance with the standards of the AWWA;

 

(2)  The proposed increase in average day and maximum day demand due to the proposed expansion; and

 

(3)  Documentation demonstrating the existing source(s) have the required supply capacity as required by Env-Dw 404.04 and Env-Dw 404.05.

 

(b)  Any person seeking to modify or expand a large CWS in accordance with Env-Dw 404.02 above shall submit the following to the department:

 

(1)  A description of the proposed modifications or expansions;

 

(2)  An explanation of why the modifications or expansions are needed;

 

(3)  Plan sheets, including revisions to previously approved plans, and specifications for the proposed modifications or expansion as required by Env-Dw 404.04 and Env-Dw 404.05;

 

(4)  Revised calculations, as applicable;

 

(5)  If infrastructure is decommissioned, photo documentation showing a minimum 12-inch gap in the piping from the original well(s), storage tank(s), and any other decommissioned infrastructure;

 

(6)  If connection to another PWS is proposed, documentation from the supplying owner certifying that:

 

a.  Adequate quantities of water are available to serve the proposed PWS; and

 

b.  With the proposed PWS online, adequate system pressures and source capacity will be maintained in the supplying PWS; and

 

(7)  The application fee as required by Env-Dw 402.03.

 

(c)  For deepening or hydrofracturing of wells at CWSs, the applicant shall comply with Env-Dw 302 and Env-Dw 305, as applicable.

 

(d)  Replacement in-kind shall not require department approval, except that replacement of a well shall comply with the requirements of Env-Dw 302 or Env-Dw 305, as applicable.

 

(e)  The plans and specifications for modifications to large CWSs shall be sealed by a professional engineer licensed in the state of New Hampshire.

 

(f)  The department shall approve the application to modify the CWS if the design meets the criteria in this part.

Source.  (See Revision Note at part heading for Env-Dw 404) #10611, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

          Env-Dw 404.10  Expiration and Extension of Design Approvals.

 

(a)  Any final design approval for large CWS designs shall expire 4 years after issuance if construction has not been completed.

 

(b)  A new design review fee and new design submission including design revision, as applicable, shall be required for review and re-approval of lapsed designs. The design shall meet the requirements in effect at the time of the resubmittal.

 

(c)  To request an extension to a large CWS design approval, the owner shall submit a written request for extension, including:

 

(1)  Specific reason(s) why the extension is being sought;

 

(2)  The new construction schedule;

 

(3)  Confirmation that no changes have been made to the original approved design; and

 

(4)  A new water quality test for each source for the applicable parameters listed in Env-Dw 701 through Env-Dw 706.

         

(d)  After reviewing an extension request, if the department finds that the previously approved design will ensure that the project is consistent with all applicable requirements in place at the time the extension request was received, the department shall extend the approval for a reasonable amount of time, under the circumstances, not to exceed 4 years.

Source.  #14158, eff 12-25-24

 

          Env-Dw 404.11  Waivers.

 

(a)  Any applicant or supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so in accordance with Env-Dw 202.

 

(b)  Waivers shall not be granted for requests that pose a direct risk to public health, including, but not limited to, improper well construction, solitary wells where multiple wells are required, failure to comply with water quality standards, or inadequate integrity of the water storage tank(s).

 

Source.  #14158, eff 12-25-24

 

PART Env-Dw 405  DESIGN STANDARDS FOR SMALL COMMUNITY WATER SYSTEMS

 

Revision Note:

 

          Document #10612, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 372 under a new subtitle as Part Env-Dw 405.  The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.

 

          The former Part Env-Ws 372 had last been filed under Document #8496, effective 11-30-05.  The rules in former Part Env-Ws 372 did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10612, effective 6-1-14.

 

          Document #10612 replaces all prior filings for the rules formerly in Env-Ws 372.  The prior filings for rules in the former Env-Ws 372, beginning with Document #6521, effective 6-4-97, which had readopted with amendments the entire Chapter Env-Ws 300, include the following documents:

 

          #6521, eff 6-4-97

          #7105, eff 9-23-99

          #8360, INTERIM, eff 6-4-05

          #8496, eff 11-30-05

 

Env-Dw 405.01  Applicability.

 

(a)  The rules of this part shall apply to small CWSs, as defined in Env-Dw 103.55, including small CWSs that are being reactivated after being inactive for 6 months for reasons other than a normal seasonal shutdown.

 

(b)  CWSs, as defined in Env-Dw 103.11, that are large community water systems as defined in Env-Dw 103.27 or have fire protection provided by street hydrants or use surface water as a source of supply shall meet the requirements set forth in Env-Dw 302 and Env-Dw 404, as applicable.

 

(c)  Vacation home developments and conversions from transient use occupancy to year-round residential use shall be considered CWSs as specified in Env-Dw 401.02(a) through (e).

 

(d)  Water systems designed or intended as CWSs as specified in Env-Dw 401.02(a) through (e), with fewer than 15 service connections and fewer than 25 people being served, shall be subject to the requirements of this part.

 

(e)  For existing small CWSs that propose to expand or be modified, and those that are ordered by the department to make water system improvements, the design criteria of this part shall apply only to the component(s) of the small CWS affected by the proposed expansion, modification, or both. For the purposes of this part, “modified” means altered, added to, expanded, or enlarged.

 

Source.  #14158, eff 12-25-24 (formerly Env-Dw 405.02)

 

          Env-Dw 405.02  PWS Capacity Assurance. A proposed small CWS shall comply with the capacity requirements of Env-Dw 602 before the operation of such water system begins.

 

Source.  #14158, eff 12-25-24 (formerly Env-Dw 405.03)

 

Env-Dw 405.03  Approval Required for New Community Wells and New Small CWSs.

 

(a)  No person shall connect a new or existing well to a small CWS without prior approval obtained in accordance with Env-Dw 302 or Env-Dw 305, as applicable, and this part.

 

(b)  Any existing water supply source for a small CWS that has not previously been approved by the department shall meet the requirements specified in Env-Dw 302 or Env-Dw 305, as applicable.

 

(c)  No person shall commence operation of a small CWS or connect a small CWS to any other PWS without obtaining approval for the final design in accordance with Env-Dw 405.10 and without completing the post-construction procedures required by Env-Dw 405.29.

 

Source.  #14158, eff 12-25-24

 

 

Env-Dw 405.04  Approval Required for Modifications

 

(a)  Subject to (c) below, no person shall perform modifications to an existing small CWS’s collection, treatment, storage, or distribution facility, including hydraulic and pumping infrastructure, that could adversely affect public health, without approval from the department in accordance with Env-Dw 405.31 below.

 

(b)  Examples of modifications that could adversely affect public health include, but are not limited to, addition or replacement of storage tanks, water treatment facilities, pumping facilities, and distribution piping or addition of service connections.

 

(c)  Replacement of 500 feet, or less, of piping with no new service connections or change in pipe size shall not require approval from the department provided the piping is replaced in accordance with Env-Dw 405.27.

 

Source.  #14158, eff 12-25-24

 

 

Env-Dw 405.05  Application Procedures.

 

(a)  An applicant requesting approval to construct or register a new small CWS or reactivate a small CWS shall submit a complete application, as specified in (b) below, to the department electronically at dwengineering@des.nh.gov.

 

(b)  An application shall be submitted in 2 parts, part I, concept approval, and part II, as follows:

 

(1)  Part I shall be completed as specified in Env-Dw 405.06, and part II shall be completed as specified in Env-Dw 405.09;

 

(2)  Part I of the design review application required by Env-Dw 405.06 shall be submitted and approved by the department prior to submission of the preliminary well report specified in Env-Dw 302 or Env-Dw 305; and

 

(3)  Part II shall not be submitted until part I has been approved by the department and all new sources required as part of the design have been approved by the department in accordance with Env-Dw 302, Env-Dw 305, or both, as applicable.

 

(c)  An applicant requesting approval to modify, expand, or enlarge an existing small CWS shall submit the following to the department electronically at dwengineering@des.nh.gov:

 

(1)  The name, location, and PWS identifier;

 

(2)  The name, mailing address, daytime telephone number, and e-mail address of the contact person who can answer questions about the proposal on behalf of the owner; and

 

(3)  The information required in Env-Dw 405.31.

 

(d)  The plans and specifications for all proposed small CWSs or modifications, including expansions, to existing small CWSs with a design flow greater than 20,000 gpd or with 50 or more service connections shall be sealed by a professional engineer licensed in the state of New Hampshire.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.06  Application Part I, Concept Approval.

 

(a)  The applicant for a new small CWS shall provide the following information with part I of the application:

 

(1)  The name, mailing address, daytime telephone number, and e-mail address of the applicant;

 

(2)  The name and mailing address of the owner(s) of the property on which the project will occur, if other than the applicant;

 

(3)  If the owner or applicant is a corporation, partnership, trust, or any other entity, the name, mailing address, daytime telephone number, and e-mail address of the individual representing the owner or applicant;

 

(4)  The name, mailing address, daytime telephone number, and e-mail address of the consultant for the project, if any;

 

(5)  The town tax map(s) and lot number(s) and street address of the property on which the project is proposed;

 

(6)  A brief description of the project and whether the proposed small CWS is a phase of a larger plan of development;

 

(7)  A list of all existing active and inactive wells or PWSs on the site, their respective uses, and whether the existing wells will be connected to the proposed CWS or have been abandoned pursuant to We 404;

 

(8)  A map specifically locating the proposed service area;

 

(9)  The size of the proposed PWS, including:

 

a.  The number of residential units and, for non-domestic flow, the number of residential- equivalent units based on one residential-equivalent unit being 300 gallons per day (gpd) design flow and rounding to the nearest full residential-equivalent unit;

 

b.  The design flow determined in accordance with Env-Dw 405.11;

 

c.  The required source capacity calculated pursuant to Env-Dw 405.13; and

 

d.  For each new well source proposed, the radius of the sanitary protective area (SPA) determined in accordance with Env-Dw 405.14;

 

(10)  A vicinity plan showing nearby existing CWSs;

 

(11)  If a new well source is proposed, a plan showing a north arrow, plan scale, property boundaries, tax map and lot numbers of the adjacent lots, a list of abutters, location of well(s), SPA, buildings, roads, roadway rights-of-way, driveways, parking areas, snow storage areas, surface waters, wetlands, natural drainage ways, flood hazard elevation as specified in (b) below, septic tanks, septic system areas, nitrate setbacks, fuel storage tanks, solid waste disposal areas, stormwater facilities, and grading; and

 

(12)  Location(s) and flow(s) of any proposed non-potable well(s); and

 

(13)  If the application is for a community well approval pursuant to Env-Dw 302 or Env-DW 305, or both as applicable, the location(s) and flow(s) of any proposed non-potable well(s).

 

(b)  In addition to (c) below, the flood hazard elevation shall be determined using:

 

(1)  The freeboard value, reached by adding 3 feet to the one-percent-annual-chance flood elevation, or adding 3 feet to the highest flood elevation of record, whichever is higher; or

 

(2)  A best available scientific approach that uses readily available, actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on latest climactic predictions.

 

(c)  If the project is for infrastructure within at least one of New Hampshire’s 17 coastal zone municipalities, including Dover, Durham, Exeter, Greenland, Hampton, Hampton Falls, Madbury, New Castle, Newfields, Newington, Newmarket, North Hampton, Portsmouth, Rollinsford, Rye, Seabrook, and Stratham, determination of the flood hazard elevation specified in (b) above, shall address projected storm surge, sea level rise, and precipitation events identified in the “New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections" prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel 2019 available as noted in Appendix B. A representative concentration pathway (RCP) of RCP 4.5 or higher and a “low” or “very low” tolerance for flood risk shall be applied.

 

(d)  If a new community well is proposed, the applicant shall comply with the requirements of Env- Dw 302 and Env-Dw 305, as applicable.

 

(e)  If connection to another PWS is proposed, the supplying PWS owner shall provide information demonstrating:

 

(1)  Adequate quantities of water are available to serve the proposed PWS; and

 

(2)  With the proposed PWS online, adequate system pressures and source capacity will be maintained within the supplying PWS.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.07  Application Approval, Request for Additional Information, and Denial for Part I – Concept Approval.

 

(a)  The department shall review part I of the design review application in accordance with Env-Dw 405.08.

(b)  If the department determines that the information submitted in part I of the application meets the criteria specified in Env-Dw 405.06 and Env-Dw 405.08, the department shall issue a concept approval and include project-specific conditions as necessary to ensure compliance with the requirements of these rules and RSA 485.

(c)  If the department determines that the information submitted in part I of the application is insufficient for the department to determine whether the criteria of Env-Dw 405.06 and Env-Dw 405.08 have been met, the department shall notify the applicant in writing of the additional information needed to assess the application.

 

(d)  The notice required by (c) above, shall specify:

 

(1)  What information is needed;

 

(2)  The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;

 

(3)  The provisions of Env-Dw 405.06 relative to submitting the information; and

 

(4)  The provisions of (e) and (f) below, relative to failing to provide the information.

 

(e)  If the criteria specified in Env-Dw 405.06 and Env-Dw 405.08 are still not met, including the information submitted as a result of the notice made pursuant to (c) above, the department shall notify the applicant a second time, in accordance with (c) above, in writing of the additional information needed to assess the application.

 

(f)  The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 405.06 and Env-Dw 405.08 are not met after the second request as specified in (e) above.

 

(g)  To request an extension to the deadline specified in (d)(2) above, the owner shall submit a written request for extension, including specific reason(s) why the extension is being sought and the requested revised deadline.

 

(h)  After receiving an extension request, if the department finds the requirements of (g) above are met, and that an extension has not previously been granted for this application, the department shall extend the deadline, for one time only, for 90 days.

 

(i)  Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 405.05.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.08  Criteria for Concept Approval for Proposed Small CWSs.

 

(a)  No well construction or water system design shall commence on a proposed small CWS until a concept approval is issued by the department.

 

(b)  The issuance of concept approval for a proposed small CWS shall be based on the following criteria:

(1)  Water service from another approved PWS is not available, determined based on the willingness of the potential provider to offer service and a comparison of the overall project cost to extend water service versus the overall project cost of constructing the proposed small CWS;

 

(2)  The method of operation of the proposed small CWS is adequate to ensure that all applicable requirements of subtitle Env-Dw are met;

 

(3)  The proposed small CWS is consistent with state, regional, or local water resource or water supply management plans for the area;

 

(4)  The proposed small CWS ownership and operation is consistent with other New Hampshire public utility commission (PUC) franchises in the area;

 

(5)  The proposed small CWS will use the best feasible source of water available; and

 

(6)  The use of surface water shall not be allowed as source water for any small CWS. If the department waives this requirement in accordance with Env-Dw 405.33, the design standards specified in Env-Dw 404 shall apply to the collection and treatment facilities associated with the surface water source.

 

(c)  For purposes of this section, the best feasible source of water shall be determined based on a comparison of alternatives based on project cost and other technical factors. Such a comparison shall include capital and operational costs to provide an equivalent level of safe and reliable water supply service from an entity having adequate financial and managerial capability.

 

(d)  Favorable criteria for the best feasible source of water concept shall include an interconnection with any of the following:

 

(1)  Larger PWSs;

 

(2)  PWSs that have full time employees who have higher levels of training and experience in the water works profession;

 

(3)  PWSs with large volume water storage tank(s); and

 

(4)  PWSs that have available equipment, controls, and communications that better ensure the reliability of operations and water quality.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss #14158, eff 12-25-24 (formerly Env-Dw 405.04)

 

 

Env-Dw 405.09  Application for Part II, Final Design.

 

(a)  An applicant requiring final design of a small CWS, including reactivation or registration, shall provide the following information constituting part II of the application:

 

(1)  A corrected copy of part I of the application previously submitted, which clearly identifies any changes from the original submittal, if applicable;

 

(2)  A revised plan, if different than that submitted with part I of the application pursuant to Env-Dw 405.06(a);

 

(3)  The well driller’s well completion report for each well as required in We 800;

 

(4)  The water quality analysis results of the water from each well as specified in Env-Dw 405.15;

 

(5)  The permitted production volume of each well proposed to be connected to the small CWS, approved pursuant to Env-Dw 302, Env-Dw 305, or both as applicable;

 

(6)  The name of a designated primary operator certified in accordance with Env-Dw 502 or a person that has taken or arranged to take the operator certification exam as required under Env-Dw 502;

 

(7)  A business plan pursuant to Env-Dw 602;

 

(8)  A draft copy of the legal documents related to the creation, ownership, and management of the proposed CWS;

 

(9)  An emergency plan pursuant to Env-Dw 503; and

 

(10)  The following design information, as applicable:

 

a.  For storage tank(s), the information in Env-Dw 405.16 and Env-Dw 405.21;

 

b.  For booster pumps, pump controls, and auxiliary equipment, the information in Env-Dw 405.17 and Env-Dw 405.19;

 

c.  For a pumphouse or pump room, the information in Env-Dw 405.18;

 

d.  For well appurtenances and pumps, the information in Env-Dw 405.20;

 

e.  For wiring and controls, the information in Env-Dw 405.22;

 

f.  For water treatment facilities, the information in Env-Dw 405.23, Env-Dw 405.24, and Env-Dw 405.26; and

 

g.  For water distribution systems, the information in Env-Dw 405.27.

 

(b)  Any material, product, or equipment incorporated into a PWS shall comply with the appropriate standard(s) of AWWA, as specified in Env-Dw 402, if such a standard exists, and shall be specified in the design information accordingly.

 

(c)  The applicant shall sign and date the application to certify that the information provided is accurate.

 

(d)  The design review fee required by Env-Dw 402.03 shall be paid in conjunction with submission of part II of the application.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.10  Application Approval, Request for Additional Information, and Denial for Part II – Final Design.

 

(a)  The department shall review part II of the design review application submitted in accordance with Env-Dw 405.09.

 

(b)  If the department determines that the information submitted in part II of the application meets the criteria specified in Env-Dw 405.09 and the design standards of this part, the department shall issue a final design approval and include project-specific conditions as necessary to ensure compliance with the requirements of the rules.

 

(c)  If the department determines that the information submitted in part II of the application is insufficient for the department to determine whether the criteria specified in Env-Dw 405.09 or the design standards of this part have been met, the department shall notify the applicant in writing.

 

(d)  The notice required by (c) above, shall specify:

 

(1)  What information is needed;

 

(2)  The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;

 

(3)  The provisions of Env-Dw 405.09 relative to submitting the information; and

 

(4)  The provisions of Env-Dw 405.10(e) and (f) relative to failing to provide the information.

 

(e)  If the criteria specified in Env-Dw 405.09 are still not met, including the information submitted as a result of the notice made pursuant to (c) above, the department shall notify the applicant a second time, in accordance with (c) above, in writing of the additional information believed by the department to be needed to assess the application.

 

(f)  The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 405.09 and the design standards of this part are not met after the second request as specified in (e) above.

 

(g)  To request an extension to the deadline specified in (d)(2) above, the owner shall submit a written request for extension, including specific reason(s) why the extension is being sought and the requested revised deadline.

 

(h)  After receiving an extension request, if the department finds the requirements of (g) above are met, and that an extension has not previously been granted for this application, the department shall extend the deadline, for one time only, for 90 days.

 

(i)  Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 405.05 and a new application fee in accordance with Env-Dw 405.09(d).

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.11  Calculation of the Design Flow.

 

(a)  Subject to (c), below, the design flows for a CWS shall be the maximum daily water use and shall be determined using one or more of the following methods:

 

(1)  Using the values in Table 1008-1 in Env-Wq 1008.03; or

 

(2)  Using historical water use in accordance with (b) below.

 

(b)  Historical water use shall be determined using one of the following methods:

 

(1)  If at least 12 months of consecutive daily water meter readings are available, the water system’s design flow shall be the maximum reported value;

 

(2)  If at least 12 months of consecutive weekly water meter readings are available, the water system’s design flow shall be the daily average value multiplied by 2; or

 

(3)  If at least 12 months of consecutive monthly water meter readings are available, the water system’s design flow shall be the daily average value multiplied by 3.

 

(c) Since design flows contained in Env-Wq 1008 do not include exterior water use, for those CWSs where watering lawns and gardens, filling swimming pools, supplying fire protection systems such as sprinklers, and other unusually high water demand situations are expected, the design flow shall be increased accordingly, subject to (d) below.

 

(d)  The CWS shall be designed for all expected uses. Any uses not accounted for in the design shall be explicitly prohibited in a legally enforceable document such as condominium bylaws.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.12  Calculation of Peak Flow for CWSs.  Peak flow shall be calculated as design flow times the multiplier in Table 405-1 with the number of residential-equivalent units being calculated in accordance with Env-Dw 405.06(a)(9)a.:

 

Table 405-1: Peak Flow

Number of Residential Service Connections or Residential-Equivalent Units

Peaking Factor (Peak Flow / Design Flow)

Less than 50

10

50 to 99

9

100 to 149

7

150 to 199

5

Greater than 200

4

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.13  Required Source Capacity.

 

(a)  The total source capacity, including all sources, for small CWSs shall be not less than 2 times the system’s design flow based on a 24-hour day.

 

(b)  For small CWSs that are required to have 2 or more wells, the source capacity with the largest source out of service shall be not less than 50% of the system’s design flow.

 

(c)  If the design flow exceeds 13,500 gpd, the CWS shall have a minimum of 2 active wells or an interconnection to another PWS approved by the department.

 

(d) For new wells, the source capacity shall be the permitted production volume (PPV) approved by the department in accordance with Env-Dw 302 or Env-Dw 305.

 

(e) For existing wells with a previously approved PPV, the source capacity shall be the PPV.

 

(f) For existing wells without a previously approved PPV, the source capacity shall be based on the documentation submitted by the applicant in accordance with Env-Dw 405.31.

 

Source.  #14158, eff 12-25-24 (formerly Env-Dw 405.12)

 

Env-Dw 405.14  Determination of the SPA.

 

(a)  The purpose of the SPA shall be to protect the long-term quality of each PWS well.

 

(b)  The SPA for any well supplying water to small CWSs shall be established in accordance with Env-Dw 302 or Env-Dw 305, as applicable.

 

(c) Land use within the SPA for small CWSs shall be in accordance with Env-Dw 302, Env-Dw 305, or both as applicable.

 

(d)  Notwithstanding the requirements of Env-Dw 302 and Env-Dw 305, no well connected to a PWS shall be located closer to an aboveground storage tank or underground storage tank than the applicable distances specified in Env-Or 300 and Env-Or 400, as applicable.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.15  Water Supply Quality Sampling.

 

(a)  Water quality sampling for new, hydrofractured, or deepened community wells shall comply with Env-Dw 302 or Env-Dw 305, as applicable.

 

(b)  The collection date of the samples taken in accordance with (a) above, shall be no greater than 6 months prior to the time the final design application is submitted to the department.

 

(c)  Samples taken in accordance with (a) above, shall be taken after at least 3 well volumes have been pumped from the well.

 

(d)  The owner shall have the laboratory results submitted to the department as originals or copies of the originals. Re-typing or re-writing the data shall not be acceptable.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss #14158, eff 12-25-24 (formerly Env-Dw 405.16

 

Env-Dw 405.16  Sizing of Storage Tanks.

 

(a)  The required atmospheric water storage capacity for a small CWS with only one well shall be based on the permitted production volume (PPV) of the well and the water system’s design flow, as specified in Table 405-3 below:

Table 405-3: Small CWS That Have Only One Source

 

The water system’s PPV

Minimum atmospheric water storage capacity required

Greater than water system’s peak flow

50 percent of one day’s design flow

Greater than 2.5 times the design flow

75 percent of one day’s design flow

Greater than or equal to 2.0 times the design flow

100 percent of one day’s design flow

Less than 2.0 times the design flow

Not acceptable

 

(b)  The required atmospheric water storage capacity for a small CWS with more than one well shall be based on the PPVs of the wells and the water system’s design flow, as specified in Table 405-4 below:

 

Table 405-4: Requirement for Atmospheric Water Storage Capacity for Small CWSs That Have More Than One Source

 

The water system’s PPV with the largest producing well out-of-service

Minimum atmospheric water storage capacity required

Greater than water system’s peak flow

none required

Greater than 2.5 times the design flow

25 percent of one day’s design flow

Greater than 1.5 times the design flow

50 percent of one day’s design flow

Greater than or equal to design flow

75 percent of one day’s design flow

Less than design flow

100 percent of one day’s design flow

 

(c)  For existing wells without an approved PPV, the source capacity determined in accordance with Env-Dw 405.13(f) shall be used in place of the PPV in Table 405-3 or Table 405-4, as applicable, for the purpose of calculating the required atmospheric water storage capacity.

         

(d)  No atmospheric storage shall be required if all the following conditions are met:

 

(1)  The PPV,  with the largest producing well out-of-service, is greater than 2.5 times the design flow;

 

(2)  A step pumping test run for at least 6 hours demonstrates that the wells can supply the water system’s peak flow, with the largest producing well out-of-service; and

 

(3)  The total pumping capacity of the well pumps, with the largest well pump out of service, is equal to or greater than the peak flow.

 

(e)  The required hydropneumatic storage capacity shall be at least 10 percent of design flow, unless the booster pumps installed per Env-Dw 405.17 are designed to maintain constant system pressure by using pressure reducing valves or variable frequency drives.

 

(f) To meet the pressure storage requirement of (e) above, pre-charged pressure storage tanks shall be accepted on an equivalent gross volume basis to conventional hydropneumatic storage. No more than 6 tanks of the pre-charged pressure type shall be permitted.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss #14158, eff 12-25-24 (formerly Env-Dw 405.18)

 

Env-Dw 405.17  Sizing, Design, and Installation of Booster Pumps.

 

(a)  All small CWSs shall comply with this section relative to booster pumps, which withdraw water from atmospheric storage tanks and are designed to maintain system pressure by pumping to hydropneumatic or pressure tanks or by using pressure reducing valves or variable frequency drives.

 

(b)  Where booster pumps are used, total booster pump capacity shall be at least equal to peak flow with the largest booster pump out of service.

 

(c)  Booster pumps shall be connected to a flat, secure, and durable surface of sufficient strength to withstand vibration, thrust, and weight. The installed elevation of the pump base shall be at least 8 inches above the finished floor in the pumphouse.

 

(d)  Pumps shall be selected such that they operate near their best efficiency point during normal operations.

 

(e)  Pump configuration shall account for anticipated variations in flow rate. Where practicable, multiple pumps, pumps of different sizes, for example jockey pumps, or both shall be used to optimize the efficiency of the pumping station electrical use.

 

(f)  All pump motors shall be premium efficiency motors as defined by the National Electrical Manufacturers’ Association ANSI/NEMA Standard MG-1-2021, “Motors and Generators”, 2021, available in Appendix B.

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.20)

 

Env-Dw 405.18  Pumphouse Design and Construction.

 

(a)  For the purpose of this part, “pumphouse” shall refer to any building or similar structure where components of the water system are located, including, but not limited to, pumps, electrical system and controls, treatment equipment, aboveground piping and valves, and appurtenances. If the building is used for other purposes in addition to water supply, the room(s) or area(s) of the building where components of the water system are located shall be considered the pumphouse and shall meet the requirements of this part.

 

(b)  Pumphouses shall have screened gravity floor drains or equivalent with all floors pitched Ľ inch per foot toward the drains. Sump pumps shall not be acceptable in lieu of screened gravity floor drains. The drain pipes shall not discharge to any surface water and shall be screened at the discharge end to prevent small animals or insects from blocking flow. The pumphouse floor level shall be above the seasonal high water table.

 

(c)  The layout of equipment and the design of the pumphouse shall provide for adequate space to allow operation and preventative maintenance.

 

(d)  The design and materials shall include provisions to minimize vandalism damage to wells, doors, and roofs, and shall not have windows.

 

(e)  The pumphouse walls and ceilings shall be fully insulated with materials that resist the attraction and residence of small rodents and similar pests.

 

(f)  Construction materials shall be highly resistant to moisture, decay, and vandalism.

 

(g)  The owner shall make every reasonable effort to design and construct the pumphouse at finished grade.  For pumphouses that are required to be below grade due to site constraints, the pumphouse shall be not more than 5 feet below grade provided that an OSHA-compliant stairway access is provided.

 

(h)  Except as allowed by (i) below, the floor elevation shall be at or above the flood hazard elevation determined pursuant to Env-Dw 405.06(b).

 

(i)  If a proposed component of a drinking water system is proposed to be located below a flood hazard elevation as determined pursuant to Env-Dw 405.06(b) and there are no practicable alternatives to the proposed site, measures shall be taken to minimize the risk of flood damage. The designer shall document the mitigating measures or design modifications that will be taken to reduce the threats from locating the component below the flood hazard elevation.

 

(j)  No component of a drinking water system shall be located in a Federal Emergency Management Agency (FEMA) designated floodway, with the exception of buried piping.

 

(k)  To the extent practicable, drinking water facilities shall not be located in areas subject to a risk greater than 1% from earthquakes, fires, or other disasters that could damage the PWS or a portion thereof.

 

(l)  A connection for a portable generator, including receptacle and manual transfer switch, shall be installed to readily accept portable power generators.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.21)

 

Env-Dw 405.19  Pumps Controls and Auxiliary Equipment.

 

(a)  In addition to the electrical control system, an alarm system shall be provided. At a minimum, alarms to note failure of pumps and low water levels in the atmospheric storage tank(s) shall be provided. Each alarm shall cause a horn to sound inside the pumphouse and a red light on the exterior of the pumphouse to be illuminated. Each alarm function shall be labeled and the alarm shall be equipped with a silencing mechanism.

 

(b)  In instances where the pumphouse is not easily seen, the alarm system shall include an auto dialer or similar computerized remote telemetry that will transmit the alarms to the owner or operator.

 

(c)  Water meters shall be:

 

(1)  Installed to continuously measure the flow from:

 

a.  Each source independently;

 

b.  Any washwater;

 

c.  Any recycled water;

 

d.  Any blended water of different quality; and

 

e.  The finished water at the distribution entry point prior to the first customer and after any storage or clearwell at the pumphouse or treatment facility; and

 

(2)   Maintained in accordance with the standards of the AWWA as required by Env-Dw 402.

 

(d)  Data from the meters required under (c) above shall be recorded such that the operator may periodically access and save the data for tracking purposes. For each source, the monthly volume of withdrawal and the 24-hour maximum volume for each month shall be recorded and reported to the department in accordance with Env-Wq 2102.

 

(e)  A pressure gauge shall be provided on the discharge line of the well pump prior to the check valve and on the finished water line entering distribution after storage. Gauges shall be installed with gauge cocks for isolation and of suitable range for the expected pressure range.

 

(f)  The water system shall be capable of receiving an immediate addition of a disinfectant.

 

(g)  Components of the system required by (e) above, shall include:

 

(1)  An injection tap on source water feed lines, before all water storage tanks; and

 

(2)  An electrical outlet interconnected with the source pump electrical system.

 

(h)  All well and booster pump controls shall have a manual “off/on/automatic” switch to control pump operations.

 

(i) Air compressors, if needed as part of the system design, shall be of the oil-less type.

 

(j)  Mercury-type float switches shall be prohibited and if present shall be removed.

 

(k)  Pump run time meters shall be installed on all pumps, including, but not limited to, well pumps and booster pumps.

 

(l)  All lubricants for motors, pumps, and other mechanical equipment that comes into contact with potable water shall be of food grade oils.

 

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.22)

 

Env-Dw 405.20  Well Appurtenances and Pump Installation and Design.

 

(a)  No well installed after June 4, 1997 shall be placed inside a pumphouse or building being served by the water system.

 

(b)  Well casings shall project at least 18 inches above finished grade and shall terminate at or above the flood hazard elevation determined pursuant to Env-Dw 405.06(b).

 

(c)  For existing wells vault below finished grade or other structure where the floor is below finished grade, the well casing shall extend above the finished floor at least 24 inches and comply with all construction requirements of We 602.35.

 

(d)  Where existing wells are installed inside a vault below finished grade or other structure where the floor is below finished grade, a screened gravity drain line shall be installed that discharges to daylight and drains during the 100-year flood.

 

(e)  A tight seal shall be provided around all entry ports into the well, except the well cap shall be vented and screened in accordance with We 600.

 

(f)  Provisions shall be made to allow the removal of the well pump for repair.

 

(g)  All well sources shall be capable of being separately sampled for water quality at a source sample tap. A check valve shall be located downstream of all source sample taps before entering storage tank(s), treatment systems, or distribution. Sample taps shall have a smooth outlet nozzle at least 18 inches above ground and shall be clearly labeled with the corresponding source ID number.

 

(h)  Wells shall have an appropriately-sized stilling tube or alternative provisions for electronic drawdown probes permanently installed in the well so as to allow determination of the static and drawdown water levels.  Existing wells shall conform with this requirement when the well pump is replaced or when well pump repair work is next done.

 

(i)  Well pumps shall be sized to operate during normal operations at or near their best efficiency point as stated in the manufacturer’s specifications.

 

(j)  All pump motors shall be premium efficiency motors as defined by ANSI/NEMA Standard MG-1-2021, “Motors and Generators”, 2021, available as noted in Appendix B.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.23)

 

Env-Dw 405.21  Storage Tanks.

 

(a)  All water storage tanks shall have drains.

 

(b)  All water storage tanks shall be located above the seasonal high water table or fixed to a properly designed anti-floatation pad or block to prevent possible flotation when empty. Concrete water storage tanks shall be installed above the seasonal high water table to protect the contents from possible cross-contamination. Proposals to bury the concrete water storage tanks into or below the water table shall not be acceptable.

 

(c)  Atmospheric water storage tanks shall have a downward turned “U” vent with fine mesh screening and shall be resistant to vandalism.

 

(d)  To help ensure the integrity of water storage tanks, all buried steel water storage tanks shall:

 

(1)  Be installed in accordance with current industry practice;

 

(2)  Be provided with an underdrain system to ensure that the seasonal high water table remains below the bottom of the water storage tank;

 

(3)  Have a protective interior coating that shall be certified as being manufactured and applied for use with potable water in accordance with the approved listings in Env-Dw 403; and

 

(4)  Have a protective exterior coating, any damage to which shall be repaired prior to tank backfill.

 

(e)  Atmospheric water storage tanks shall be equipped with a lockable capped filler pipe to accommodate tank truck water delivery.

 

(f)  All water storage tanks larger than 500 gallons and installed after January 1, 1996 shall have a name plate identifying the following:

 

(1)  Year of manufacture;

 

(2)  Size; and

 

(3)  Pressure rating.

 

(g)  All pressure tanks shall meet the requirements of the American Society of Mechanical Engineers (ASME) “Boiler and Pressure Vessel Code Section VIII-Rules for Construction of Pressure Vessels”, 2023, available as noted in Appendix B, for their intended use.

 

(h)  All new atmospheric storage tanks shall have a means to access the interior of the tank to facilitate periodic cleaning, inspection, and the maintenance of interior coatings.

 

(i)  All interior materials and coatings shall be certified as being manufactured and applied for use with potable water in accordance with the approved listings in Env-Dw 403.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.22  Wiring and Control Devices.

 

(a)  All wiring for water system controls and equipment shall be in accordance with the requirements of the version of the National Electrical Code used as the basis for licensing electricians in New Hampshire, as specified in Elec 404.04.

 

(b)  All electrical devices shall be grounded by a separate and dedicated groundwire.

 

(c)  Convenience outlets shall be of the ground fault interrupting type.

 

(d)  All junction boxes, relays, and contactors shall be in enclosures.

 

(e)  All wiring shall be installed in a conduit. Conduits shall be run no less than 2 feet above the floor. Panels shall be mounted at least 3.5 feet above the floor unless they are designed and installed as floor mounted.

 

(f)  All equipment disconnects shall be capable of being locked out during service.

 

(g)  All relays and starters not part of an integrated panel shall be labeled.

 

(h)  A detailed schematic of the electrical system shall be posted in the enclosure or in an obvious place in the pumphouse, and shall also be part of the operational manual.

 

(i)  All pump controls shall have a manual “off/on/auto” switch to control pump operations.  Where the water is pumped into a pressure system, a pressure relief valve or similar pressure surge protection shall be provided with the discharge piped toward a floor drain or exterior drainage.

 

(j)  Mercury-type float switches shall be prohibited, and shall, if present, be removed and replaced.

 

(k)  The electrical circuits of all chemical feed pumps shall be interconnected with the electrical circuit of the pump supplying the water being treated such that the chemical feed pump can only operate when the water supply pump is pumping. Where water flow requiring the use of a chemical feed pump varies, the chemical feed pump speed shall vary automatically proportionally to water flow rate.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.25)

 

Env-Dw 405.23  Treatment Design Criteria.

 

(a)  When selecting water treatment processes at small CWSs, the design shall clearly demonstrate consideration of the following:

 

(1)  Maximizing the effectiveness of treatment;

 

(2)  Including sufficient controls and monitors to identify treatment performance and aid in operation;

 

(3)  Supporting reliability and flexibility of operations;

 

(4)  Selecting processes with low capital and operational costs and energy demand;

 

(5)  Designing equipment to be easily repaired or replaced in-kind to minimize operational downtime;

 

(6)  Sizing and configuring equipment consistent with the practices and standards of the professional water treatment industry; and

 

(7)  Minimizing waste residuals generation and preventing impacts to the environment.

 

(b)  Where filters are proposed or required, filter sizing shall minimize head loss and maximize treatment efficiency.

 

(c)  Where filter backwash is required, backwash controls shall be designed to:

 

(1)  Initiate a backwash based on volume of water treated, differential pressure, or contaminant breakthrough and not based on filter run time; and

 

(2)  Minimize backwash waste volume.

 

(d)  Any non-domestic discharge shall be registered, permitted, or both as required by local, state, and federal authorities.

 

(e)  Containers storing treatment chemicals shall be constructed of materials compatible with the stored chemicals and shall provide secondary containment for at least 110 percent of the stored volume.

 

(f)  If treatment is proposed or required, the final design shall:

 

(1)  Describe the proposed treatment process, including how the process functions conceptually;

 

(2)  Include a schematic representation of the treatment process;

 

(3)  Describe the equipment, chemical(s), plumbing, and electrical control systems that represent a complete treatment process;

 

(4)  Describe the anticipated treatment wastes and their disposal, in accordance with Env-Dw 405.24;

 

(5)  Include a tabular summary of laboratory sampling results analyzed by a New Hampshire- accredited laboratory, which identifies:

 

a.  The target contaminant(s) and treatment goals; and

 

b.  All other water quality parameters, by name and concentration, that might affect or be affected by the treatment process;

 

(6)  Identify the configuration of all components of the treatment process, including:

 

a.  The rationale for a series or parallel configuration;

 

b.  The number of trains of equipment; and

 

c.  A description of each pretreatment process;

 

(7)  Identify the design criteria used for each treatment component of the process, including:

 

a. The hydraulic loading rate;

 

b. The detention time or empty bed contact time;

 

c. The backwash or regeneration flow rate, and frequency, volume of discharge, and anticipated contaminant concentrations of backwash or regeneration events; and

 

d. The criteria used to establish the need for filter backwash or media regeneration;

 

(8)  Include a sampling tap with a smooth outlet nozzle to be installed between each treatment unit process and identify plumbing appurtenances throughout the treatment sequence, including:

 

a.  Connecting pipe size, isolation valves, check valves, unions, and bypasses;

 

b.  Meter(s) and their type including whether indicating, totalizing, or recording; and

 

c.  Flow restrictors and their rating;

 

(9)  Identify measuring, control, and communication or alarm equipment, including:

 

a.  Chemical feed pump pacing method and associated equipment;

 

b.  Flow switch interrupt of chemical feed equipment when there is no production flow; and

 

c.  Other automatic monitoring and communication devices;

 

(10)  For each treatment chemical to be used:

 

a.  Specify the chemical feed rate and the target dosage;

 

b.  Provide documentation demonstrating that the chemical is approved for drinking water use in accordance with the American National Standards Institute (ANSI) standard 60 as required in Env-Dw 403; and

 

c.  A copy of the safety data sheet (SDS) for that chemical; and

 

(11)  Include a water quality monitoring plan for determining the quality of the treated water and waste flows, as described in Env-Dw 405.26.

 

(g)  Flow mix, if proposed, shall be in accordance with Env-Dw 402.04.

 

(h)  A sampling point shall be provided after the last point of chemical injection with consideration given to adequate mixing. If atmospheric storage is located prior to the first customer, sampling points shall be provided both upstream and downstream of the atmospheric storage tank.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.24  Disposal of Treatment Wastes and By-Products.  The proposal for disposal of treatment wastes and by-products required by Env-Dw 405.23(f)(4) shall:

 

(a)  Identify the volume and strength of treatment wastes and by-products expected to be generated;

 

(b)  Identify whether the expected treatment wastes or by-products are hazardous and cite the applicable rule(s);

 

(c)  Identify the state agency having jurisdiction over the treatment wastes or by-products;

 

(d)  Identify the method(s) proposed to dispose of the treatment wastes or by-products; and

 

(e)  Estimate the annual cost of waste disposal.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.28)

 

Env-Dw 405.25  Operation and Maintenance Manual.

 

(a)  The owner shall ensure that an operation and maintenance manual of the water system is on file at the system, and the owner shall submit said manual to the department.

 

(b)  The manual, electronic or paper, required by (a) above, shall:

 

(1)  Always be available on-site at the water system and, if paper, be bound; and

 

(2)  Include the following:

 

a.  A schematic drawing of the treatment process, which shall identify each unit of the treatment equipment by:

 

1. Type;

 

2. Size;

 

3. Model number; and

 

4. Any appurtenances;

 

b.  An original or a photocopy of the description of the treatment equipment from the manufacturer’s catalogue;

 

c.  A separate schematic drawing of the treatment process in the normal production configuration, which shall include:

 

1.  A written description of the process, which shall reference the schematic drawing and show flow direction; and

 

2.  The approximate expected values, settings, or feed rates for pumps, gauges, gate valves, and controllers in the production mode;

 

d.  A separate schematic drawing of the treatment process in the normal backwash or regeneration configuration and written description which references the schematic drawing, showing the backwash or regeneration process functions which includes:

 

1.  The flow rate of backwash or regeneration and its temperature dependency where applicable;

 

2.  The duration of backwash or regeneration;

 

3.  The frequency of anticipated backwashes or regenerations;

 

4.  The approximate expected values, settings, or feed rates for pumps, gauges, isolation valves, and controllers in the backwash mode; and

 

5.  The backwash disposal location and a copy of the backwash waste discharge registration issued by the department;

 

e.  Recommended short- and long-term maintenance schedules for each piece of equipment;

 

f.  A description of common operational problems and proposed corrective operator responses;

 

g.  A description of how the operator can maximize the efficiency of the treatment process relative to:

 

1.  Energy use;

 

2.  Chemical use;

 

3.  Maximizing the net treated water production volume; and

 

4.  Minimizing the volume of waste and by-products produced; and

 

h.  A blank copy of the compliance and oversight operational form that is required by Env-Dw 503 to be submitted to the department when a water system performs treatment.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.29)

 

Env-Dw 405.26  Water Quality Monitoring Plan.  The water quality monitoring plan required by Env- Dw 405.23(f)(11) shall:

 

(a)  Identify recommended operational raw water test parameters and sampling frequencies; and

 

(b)  Identify recommended operational finished water test parameters and sampling frequencies in addition to compliance monitoring required in accordance with Env-Dw 701 through Env-Dw 719, as applicable.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.30)

 

Env-Dw 405.27  Distribution System.

 

(a)  Subject to (c) below, the system shall be designed to maintain a minimum pressure of 20 pounds per square inch (psi) at ground level at all points in the distribution system under all conditions of flow. The normal working pressure should be approximately 60 to 80 psi and shall not be less than 35 psi.

 

(b)  Subject to (c) below, when static pressure exceeds 100 psi, pressure reducing devices shall be installed on each individual water service line at the meter or on the water main to maintain pressure at less than 100 psi. Where pressure reducers are installed below ground, they shall be located in a vault, which shall have a gravity drain to daylight with a rodent screen. Any bypass line around a water main pressure reducer shall also have a pressure reducer. The PWS owner shall maintain all pressure reducing devices, whether on individual water service lines or on water mains, in proper working order.

 

(c)  Pressure shall be measured at ground level including at service connections up to building entrances.

 

(d)  Individual booster pumps shall not be allowed for any individual residential service from the public water supply mains.

 

(e)  The water distribution piping shall be so valved as to allow isolation of major sections of the water distribution piping system for repairs while still providing service to most of the water system.

 

(f)  The spacing for inline isolation valves installed on water mains shall not exceed every 800 feet. Isolation valves shall be provided at all intersecting pipes. Isolation valves shall be located at not more than 500-foot intervals in areas where the ground elevation is below the flood hazard elevation as determined in accordance with Env-Dw 405.07(b) and in areas where water pipes are at a reasonable risk of being damaged by erosion.

 

(g)  Blow-offs or similar flushing devices shall be installed to allow flushing of all water mains in the water distribution piping system. Flushing devices shall be sized to provide flows which will give a velocity of at least 3.0 feet per second in the water main being flushed. Blow-offs and flushing devices shall not have drains, or the drains shall be plugged, to prevent cross contamination.

 

(h)  Dead-end piping shall be minimized. Dead-end mains shall be equipped with a means to provide adequate flushing in accordance with (g) above.

 

(i)  Near the temporary end of a water main, a gate valve shall be installed to allow future piping extension without shutting down the system or jeopardizing the health of existing consumers.

 

(j)  Water distribution piping shall be bedded in sand or other appropriate material in accordance with the applicable standard of the AWWA as listed in Env-Dw 402.

 

(k)  Water distribution piping for year-round PWSs shall be buried below the frost line.

 

(l)  Subject to (n) below, a minimum horizontal separation of 10 feet shall be maintained between water mains and gravity sanitary or storm sewers, sewer force mains, sewer manholes, inlets, and other structures, and septic tanks. The distance shall be measured from outside edge to outside edge.

 

(m)  Subject to (n) below, if a water main must cross a gravity sanitary or storm sewer pipe or force main, the water main shall cross above the sewer pipe with not less than 18 inches of clear separation. At crossings, one full length of water pipe shall be located so both joints will be as far from the sewer as possible. Special structural support for the water and sewer pipes shall be provided as necessary.

 

(n)  When it is impracticable to maintain the minimum separation distances specified in (l) and (m) above, or when it is impracticable to install water mains above sanitary or storm sewer pipes, deviations from the requirements of (l) and (m) above, shall only be allowed if a specific waiver is granted by the department in accordance with Env-Dw 405.33. In addition to any other condition(s) imposed by the department in granting the waiver, the following requirements shall apply:

 

(1)  The water main shall be laid in a separate trench or on an undisturbed earth shelf located on one side of the sewer and at an elevation so the bottom of the water main is at least 18 inches above the top of the sewer pipe;

 

(2)  The sanitary or storm sewer pipe materials shall be pressure rated, and the manholes, inlets, and other sewer structures shall be watertight and shall be pressure or leak tested to demonstrate watertightness; and

 

(3)  Where water piping crosses under sanitary or storm sewer piping, a minimum of 18 inches clearance shall be required.

 

(o)  The required minimum separation distance between water pipes and subsurface sewage disposal systems shall be as specified in Env-Wq 1008.04.

 

(p) When pipes cross water bodies 15 feet or wider, pipes shall be buried at least 5 feet below the water body’s bed, and isolation valves shall be installed on each side of the water body, between the water body and the closest service connection.

 

(q)  Piping and valving material and installation techniques shall conform with the appropriate AWWA specification, in accordance with Env-Dw 402.

 

(r)  Other utilities including but not limited to natural gas, electric, telephone, steam, and cable television, shall not be installed within 3 feet of water mains.

 

(s)  All buried non-metallic piping shall be backfilled with an effective metal tracing element located above the pipe approximately 6 inches below the finished grade.

 

(t)  Gate valves and house service shut-offs shall be equipped with cast iron gate box extensions. Gate valve boxes shall have cast iron covers clearly marked by the word “water” or other appropriate water supply marking and shall be installed flush with the finished grade.

 

(u)  Rigid connections shall not be used to construct or repair water distribution piping systems.

 

(v)  The distribution system shall not include any fixture which incorporates a stop and waste valve cross-connection, unless a reduced pressure backflow device or air gap is used pursuant to Env-Dw 505.

 

(w)  Any PWS that conducts a partial or full replacement of a lead service line or galvanized service line requiring replacement is subject to the requirements of 40 CFR 141 Subpart I, 7-1-24 edition.

 

(x)  Handling and disposal of lead pipe, galvanized pipe that might contain lead, or other lead components is subject to Env-Hw 400, Env-Hw 500, Env-Hw 600, and Env-Hw 1200.

 

(y)  Where it is not practicable to bury a service line below the frost line all the way to the building entrance, for example under mobile homes, heat tape shall be installed to prevent the service line from freezing. The length of above-ground service pipe shall be minimized.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.32)

 

Env-Dw 405.28  Verification of Quality of Distribution Pipe Installation.

 

(a)  Water distribution piping at small CWSs shall be installed in accordance with the provisions of the appropriate AWWA specification listed in Env-Dw 402, as applicable to the type of distribution pipe chosen.

 

(b)  At a proposed small CWS, the quality of the workmanship and adherence to the approved design and pipe specifications shall be documented in writing to the department in accordance with (c) through (g), below. Such certification shall not be required for the expansion or modification of the distribution system once the initial design has been completed and the water system has been assigned a PWS ID number.

 

(c)  The person who owns and is proposing the creation of the new small CWS shall retain the services of a qualified third party who is not an employee and does not otherwise have a financial interest in the project or legal relationship with the project principals to certify the quality of the water distribution piping installation.

 

(d)  The following parties shall be acceptable to the department for providing the certification required by (c) above:

(1)  A New Hampshire-certified water distribution system operator with a grade I or higher certificate;

 

(2)  A New Hampshire-licensed civil or sanitary engineer;

 

(3)  A city or town building or code enforcement official or other person with significant experience in drinking water industry specifications for piping and pipe installation of the city or town in which the project is located; or

 

(4)  Another individual with experience in the construction of PWSs as approved by the department.

 

(e)  Certification from the owner or developer of the PWS or from the contractor performing the distribution pipe installation shall not be acceptable.

 

(f)  The person or firm selected as the third party to inspect the quality of the distribution piping installation shall:

 

(1)  Inspect a minimum of 20% of the total footage for each size of water distribution pipe included on the approved plans; and

 

(2)  Provide to the department a map identifying the pipe section(s) observed and a certificate or letter indicating that the quality of the distribution pipe installation met the applicable AWWA installation standard and was consistent with the best practices in the industry.

 

(g)  The certificate required by (f)(2) above, shall include:

 

(1)  The name and address of the owner or developer;

 

(2)  The name of the development and city or town in which it is located;

 

(3)  The name of the street and center line stationing for which the certificate applies;

 

(4)  The name of the contractor;

 

(5)  Pipe information including type, size, and cover depth;

 

(6)  The date(s) of the inspection(s) for the distribution pipe installation;

 

(7)  The inspector’s qualification pursuant to (d) above, which indicate expertise with pipe line installation and the applicable AWWA pipe installation standards; and

 

(8)  Confirmation that the results of the leakage test on the pipe did not exceed the leakage limits specified in the applicable AWWA pipe installation standards.

 

(h)  Copies of the leakage test results for the entire water distribution system and the certificate and map as per (f) above, shall accompany the as-built plans or record drawings submitted pursuant to Env-Dw 405.29(b).

 

(i)  Such certification shall not be required if the total length of new distribution piping installed is less than 250 feet.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.31)

 

Env-Dw 405.29  Post-Construction Procedures.

 

(a)  Within 90 days after the water system, or a portion thereof, is placed into service, record drawings shall be submitted to the department and to the operator showing precise horizontal dimensional measurements, depth of bury, material type, and nominal size of all buried water distribution piping and fittings, and service shut-offs, curb stops, taps, corporation stops, gate valves, blow-offs, hydrants, flushing devices, and utility crossings.

 

(b)  For purposes of this section, “precise dimensional measurements” means of sufficient accuracy to locate the piping or appurtenance to within 1 foot accuracy, recorded to the nearest 0.5 foot.

 

(c)  Prior to serving water to the public, the owner shall submit a lead service line inventory and lead service line replacement plan meeting the requirements of 40 CFR 141 Subpart I to the department for review and approval.

 

(d)  The owner shall maintain and update, as necessary, based on the best information available to the owner, the small CWS’s:

 

(1)  Record drawings and tie location records as required by Env-Dw 504.08; and

 

(2)  Lead service line inventory and replacement plan as required by 403.03(b).

 

(e)  Flushing and chlorination of the water distribution piping system shall be completed before use. Before the inspection of the water system by the department as required by Env-Dw 405.30, the entire water system, distribution pipes, storage tanks, and pumps shall be flushed to remove any dirt or other contaminants, and then chlorinated in accordance with the appropriate AWWA standard, as specified in Env-Dw 402.

 

(f)  Upon completion of the disinfection, the system shall then be flushed again until chlorine residual is less than 0.1 milligrams per liter, and a water sample shall be taken from the end of the distribution system and analyzed for bacterial quality by a laboratory accredited for such test by the New Hampshire environmental laboratory accreditation program.

 

(g)  The owner shall perform a leakage test of the piping system before system use. The distribution system shall be checked for leakage in accordance with the appropriate AWWA standard, as specified in Env-Dw 402. Leakage shall not exceed the value given in the appropriate AWWA standard.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.30  Notification of Initiation of Water Service and Request for Inspection.

 

(a)  Subject to (b) below, upon completion of the construction of a PWS and all required testing, but no later than 10 working days preceding the start of water service, the owner shall notify the department of the proposed date of the start of water service and request an inspection of the water system. The PWS shall not initiate service until 10 days after all notifications are provided in writing to the department

 

(b)  As part of or prior to the notification required by (a) above, the owner shall submit to the department:

 

(1)  Written verification of completion of construction, disinfection of all water system components that will come into direct contact with potable water, and completion of all required testing;

 

(2)  The operation and maintenance manual required by Env-Dw 405.25;

 

(3)  The record drawings required by Env-Dw 405.29(a);

 

(4)  For new small CWSs, the lead service line inventory and replacement plan as required by Env-Dw 405.29(c); and

 

(5)  The final copy of the legal documents pertaining to the creation, ownership, and management of the proposed CWS.

 

(c)  The certified operator for the water system shall be in attendance at the inspection by the department.

 

(d)  For existing PWSs, an inspection by the department shall not be required for construction of water main replacement, or extension, including water service connections, but the owner shall submit the information required in (b)(1) and (3) above to the department.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.31  Modifications and Expansions.

 

(a)  Any person seeking to expand or modify a small CWS shall submit the following to the department:

 

(1)  Historical water use data for at least the past 2 years;

 

(2)  The proposed design flow calculated in accordance with Env-Dw 405.11;

 

(3)  Documentation demonstrating the existing source(s) have the required supply capacity as required by Env-Dw 405.13;

 

(4)  A written request to amend the design approval;

 

(5)  A description of the necessary changes;

 

(6)  An explanation of why the changes are needed;

 

(7)  For any new wells:

 

a.  The well driller’s well completion report for each well as required in We 800;

 

b.  The water quality analysis results of the water from each well as specified in Env-Dw 405.15; and

 

c.  The permitted production volume of each well proposed to be connected to the small CWS, approved pursuant to Env-Dw 302, Env-Dw 305, or both as applicable;

 

(8)  Plan sheets, including revisions to previously approved plans, and the following, if applicable:

 

a.  For storage tank(s), the information in Env-Dw 405.16 and Env-Dw 405.21;

 

b.  For booster pumps, pump controls, and auxiliary equipment, the information in Env-Dw 405.17 and Env-Dw 405.19;

 

c.  For a pumphouse or pump room, the information in Env-Dw 405.18;

 

d.  For well appurtenances and pumps, the information in Env-Dw 405.20;

 

e.  For wiring and controls, the information in Env-Dw 405.22;

 

f.  For water treatment facilities, the information in Env-Dw 405.23, Env-Dw 405.24, and Env-Dw 405.26; and

 

g.  For water distribution systems, the information in Env-Dw 405.27;

 

(9)  Revised calculations, as applicable;

 

(10)  If infrastructure is decommissioned, photo documentation showing a minimum 12-inch gap in the piping from the original well(s), storage tank(s), and any other decommissioned infrastructure; and

 

(11)  If connection to another PWS is proposed, documentation from the supplying owner certifying that:

 

a.  Adequate quantities of water are available to serve the proposed PWS;

 

b.  With the proposed PWS online, adequate system pressures and source capacity will be maintained; and

 

c.  The design fee as required by Env-Dw 402.03.

 

(b)  For deepening or hydrofracturing of wells at CWS, the applicant shall comply with Env-Dw 302 and Env-Dw 305, as applicable.

 

(c)  Replacement in-kind does not require department approval, except that replacement of a well shall comply with the requirements of Env-Dw 302 or Env-Dw 305, as applicable.

 

(d)  The plans and specifications for modifications to PWSs having a design flow greater than 20,000 gpd shall be sealed by a professional civil or sanitary engineer licensed in the state of New Hampshire.

 

(e)  The department shall approve the application to modify the CWS if the design meets the criteria in this part.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 405.32  Expiration and Extension of Design Approvals.

 

(a)  Any final design approval for a proposed small CWS shall expire 4 years after issuance if the pumphouse and 25% or more of the proposed water distribution piping system have not been completed and the water system has not started operation.

 

(b)  A new design review fee and appropriate design revision shall be required for review and re-approval of lapsed designs.

 

(c)  A new complete water quality test shall be required for each source for the applicable

parameters listed in Env-Dw 701 through Env-Dw 706 for re-approval of lapsed designs.

 

(d)  To request an extension to a small CWS design approval, the owner shall submit a written request for extension, including:

 

(1)  Specific reason(s) why the extension is being sought;

 

(2)  The new construction schedule;

 

(3)  Certification that no changes have been made to the original approved design; and

 

(4)  A new water quality test for each source for the applicable parameters listed in Env-Dw 701 through Env-Dw 706.

 

(e)  After reviewing an extension request, if the department finds that the previously approved design will ensure that the project is consistent with all applicable requirements in place at the time the extension request was received, the department shall extend the approval for a reasonable amount of time, under the circumstances, not to exceed 4 years.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.36)

Env-Dw 405.33  Waivers.

 

(a)  Any applicant or supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so in accordance with Env-Dw 202.

 

          (b)  Waivers shall not be granted for criteria which pose a direct risk to public health, such as including, but not limited to, proper well construction, multiple wells where required, water quality standards, or the integrity of the water storage tank(s).

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 405.35)

 

PART Env-Dw 406  DESIGN STANDARDS FOR NON-COMMUNITY WATER SYSTEMS

 

Revision Note:

 

          Document #10613, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 373 under a new subtitle as Part Env-Dw 406.  The redesignation from subtitle Env-Ws to subtitle Env-Dw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. 

 

          The former Part Env-Ws 373 had last been filed under Document #8499, effective 11-30-05, which had adopted Part Env-Ws 373.  The rules in former Part Env-Ws 373 did not expire on 11-30-13 since they were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10613, effective 6-1-14.

 

          Env-Dw 406.01  Applicability.

 

(a)  The rules of this part shall apply to PWSs that are non-community water systems as defined by Env-Dw 103.37, which comprise:

 

(1)  Transient non-community (TNC) water systems, which serve a transitory non-residential population, such as restaurants, motels, and campgrounds, and serve at least 25 persons in a transitory setting for more than 60 days each year; and

 

(2)  Non-transient non-community (NTNC) water systems, which serve a regular but non- residential population such as schools, workplaces, and day care centers, and serve the same 25 people, or more, over 6 months per year.

 

(b)  Criteria that only apply to a particular type of non-community water system shall be as noted in each specific rule requirement.

 

(c)  For existing non-community water systems that propose to expand or be modified, and those required by the department to make water system improvements, including new wells, the design criteria of this part shall apply only to the component(s) of the PWS affected by the proposed expansion, modification, or both. For the purposes of this part, “modified” means altered, added to, expanded, or enlarged.

 

(d)  Existing non-community water systems that have not previously been approved pursuant to this part, shall obtain approval in accordance with this part.

 

(e)  Non-community water systems that are being reactivated, if they have been inactive for 6 months or more, shall comply with this part. This shall not include PWSs that normally open and shut down for seasonal operations.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.02)

 

          Env-Dw 406.02  Public Water System Capacity Assurance.  All proposed NTNC water systems shall comply with the requirements of Env-Dw 602 before the operation of such water system begins.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.03)

 

Env-Dw 406.03  Approval Required for New Non-Community Water Systems.

 

(a)  No person shall connect a new or existing well that is intended to serve a PWS without prior approval obtained in accordance with this part.

 

(b)  Any existing water supply source for a PWS that has not previously been approved by the department shall meet the requirements specified in this part.

 

(c)  No person shall commence operation of a PWS or connect to any other PWS without obtaining approval for the final design in accordance with Env-Dw 406.10 and without completing the post- construction procedures required by Env-Dw 406.27.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 406.04  Approval Required for Modifications.

 

(a)  Subject to (c) below, no person shall perform modifications to an existing non-community water system’s collection, treatment, storage, or distribution facility, including hydraulic and pumping infrastructure, that could adversely affect public health, without approval from the department in accordance with Env-Dw 406.29.

 

(b)  Examples of modifications that could adversely affect public health include, but are not limited to, addition or replacement of storage tanks, water treatment facilities, pumping facilities, and distribution piping or addition of service connections.

 

(c)  Replacement of 500 feet, or less, of piping with no new service connections or change in pipe size shall not require approval from the department provided the piping is replaced in accordance with Env-Dw 406.26.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 406.05  Application Procedures.

 

(a)  An applicant requesting approval to construct or register a new PWS or reactivate a PWS shall submit a complete application, as specified in (b) below, to the department electronically at dwengineering@des.nh.gov.

 

(b)  An application shall be submitted in two parts, part I, concept approval, and part II, final design:

 

(1)  Part I shall be completed as specified in Env-Dw 406.06 and part II shall be completed as specified in Env-Dw 406.09; and

 

(2)  Part II shall not be submitted until part I has been approved by the department and all new sources required as part of the design have been approved by the department.

 

(c)  An applicant requesting approval to modify, expand, or enlarge an existing PWS shall submit the following to the department electronically at dwengineering@des.nh.gov:

 

(1)  The name, location, and PWS identifier;

 

(2)  The name, mailing address, daytime telephone number, and e-mail address of the contact person who can answer questions about the proposal on behalf of the owner; and

 

(3)  The information required in Env-Dw 406.29.

 

(d)  The plans and specifications for all proposed non-community water systems or modifications, including expansions, to existing non-community water systems with a design flow greater than 20,000 gallons per day (gpd) or with 50 or more service connections shall be stamped by a professional engineer licensed in the state of New Hampshire.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 406.06  Application Part I, Concept Approval.

 

(a)  The applicant for a new non-community water system shall provide the following information with part I of the application:

 

(1)  The name, mailing address, daytime telephone number, and e-mail address of the applicant;

 

(2)  The name and mailing address of the owner(s) of the property on which the project will occur, if other than the applicant;

 

(3)  If the owner or applicant is a corporation, partnership, trust, or any other entity, the name, mailing address, daytime telephone number, and e-mail address of the individual representing the owner or applicant;

 

(4)  The name, mailing address, daytime telephone number, and e-mail address of the consultant for the project, if any;

 

(5)  The town tax map(s) and lot number(s) and street address of the property on which the project is proposed;

 

(6)  A brief description of the project and whether the proposed small non-community water systems is a phase of a larger plan of development;

 

(7)  A list of all existing active and inactive wells or PWSs on the site, their respective uses, and whether the existing wells will be connected to the proposed non-community water systems or have been abandoned pursuant to We 404;

 

(8)  A map specifically locating the proposed service area;

 

(9)  The size of the proposed PWS, including:

 

a.  The number of residential units and, for non-domestic flow, the number of residential- equivalent units based on one residential-equivalent unit being 300 gpd design flow and rounding to the nearest full residential-equivalent unit;

 

b.  The design flow determined in accordance with Env-Dw 406.11;

 

c.  The required source capacity calculated pursuant to Env-Dw 406.12; and

 

d.  For each new well source proposed, the radius of the sanitary protective area (SPA) determined in accordance with Env-Dw 406.14;

 

(10)  A vicinity plan showing nearby existing PWSs;

 

(11)  If a new well source is proposed, a plan covering the extents of the property on which the well is proposed to be located and the proposed SPA showing a north arrow, plan scale, property boundaries, tax map and lot numbers of the adjacent lots, a list of abutters, location of well(s), SPA, buildings, roads, roadway rights-of-way, driveways, parking areas, snow storage areas, surface waters, wetlands, natural drainage ways, elevation as specified in (b) below, septic tanks, septic system areas, nitrate setbacks, fuel storage tanks, solid waste disposal areas, stormwater facilities, and grading; and

 

(12)  Location(s) and flow(s) of any proposed non-potable well(s).

 

(b)  Pursuant to (c) below, the flood hazard elevation shall be determined using:

 

(1)  The freeboard value, reached by adding 3 feet to the 1-percent-annual-chance flood elevation, or adding 3 feet to the highest flood elevation of record, whichever is higher; or

 

(2)  A best available science approach that uses readily available, actionable hydrologic and hydraulic data and methods that integrate current and future changes in flooding based on latest climactic predictions.

 

(c)  If the project is for infrastructure within at least one of New Hampshire’s 17 coastal zone municipalities, including Dover, Durham, Exeter, Greenland, Hampton, Hampton Falls, Madbury, New Castle, Newfields, Newington, Newmarket, North Hampton, Portsmouth, Rollinsford, Rye, Seabrook, and Stratham, determination of the flood hazard elevation specified in (b) above shall address projected storm surge, sea level rise, and precipitation events identified in the “New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections" prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel 2019 available as noted in Appendix B. A representative concentration pathway (RCP) of RCP 4.5 or higher and a “low” or “very low” tolerance for flood risk shall be applied.

 

(d)  If connection to another PWS is proposed, the supplying owner shall provide information demonstrating:

 

(1)  Adequate quantities of water are available to serve the proposed PWS; and

 

(2)  With the proposed PWS online, adequate system pressures and source capacity will be maintained.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 406.07  Application Approval, Request for Additional Information, and Denial for Part I – Concept Approval.

 

(a)  The department shall review part I of the design review application in accordance with Env-Dw 406.08.

(b)  If the department determines that the information submitted in part I of the application meets the criteria specified in Env-Dw 406.06 and Env-Dw 406.08 the department shall issue a concept approval and include project-specific conditions as necessary to ensure compliance with the requirements of these rules and RSA 485.

 

(c)  If the department determines that the information submitted in part I of the application is insufficient for the department to determine whether the criteria of Env-Dw 406.06 and Env-Dw 406.08 have been met, the department shall notify the applicant in writing of the additional information needed to assess the application.

 

(d)  The notice required by (c) above shall specify:

 

(1)  What information is needed;

 

(2)  The deadline for submitting the information, established based on the type and volume of the information needed but in no case shall be longer than 60 days;

 

(3)  The provisions of Env-Dw 406.06 relative to submitting the information; and

 

(4)  The provisions of (e) and (f) below relative to failing to provide the information.

 

(e)  If the criteria specified in Env-Dw 406.06 and Env-Dw 406.08 are still not met including the information submitted as a result of the notice made pursuant to (c) above, the department shall notify the applicant a second time, in accordance with (c) above, in writing of the additional information needed to assess the application.

 

(f)  The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 406.06 and Env-Dw 406.08 are not met after the second request as specified in (e) above.

 

(g)  To request an extension to the deadline specified in (d)(2) above, the owner shall submit a written request for extension, including specific reason(s) why the extension is being sought and the requested revised deadline.

 

(h)  After receiving an extension request, if the department finds the requirements of (g) above are met, and that an extension has not previously been granted for this application, the department shall extend the deadline, for one time only, for 90 days.

 

(i)  Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 406.06.

 

Source.  #14158, eff 12-25-24

 

          Env-Dw 406.08  Criteria for Concept Approval for a Proposed Non-Community Water System.

 

(a)  No well construction or water system design shall commence on a proposed non-community water system until a concept approval is issued by the department.

 

(b)  The issuance of a concept approval for a proposed non-community water system shall be based on the following criteria:

 

(1)  Water service from another approved PWS is not available, determined based on the willingness of the potential provider to offer service and a comparison of the overall project cost to extend water service versus the overall project cost of constructing the proposed non-community water system;

 

(2)  The method of operation of the proposed non-community water system is adequate to ensure that all applicable requirements of subtitle Env-Dw are met;

 

(3)  The proposed non-community water system is consistent with state, regional, or local water resource, or water supply management plans for the area;

 

(4)  The proposed non-community water system ownership and operation is consistent with other New Hampshire public utility commission (PUC) franchises in the area;

 

(5)  The proposed non-community water system will use the best feasible source of water available; and

 

(6)  The use of surface water shall not be allowed as a source water for any non-community water system.

 

(c)  For purposes of this section, the best feasible source of water shall be determined based on a comparison of alternatives based on project cost and other technical factors. Such a comparison shall include capital and operational costs to provide an equivalent level of safe and reliable water supply service from an entity having adequate financial and managerial capability.

 

(d)  Favorable criteria for the best feasible source of water concept shall include an interconnection with any of the following:

 

(1)  Larger PWSs;

 

(2)  PWSs that have full time employees who have higher levels of training and experience in the water works profession;

 

(3)  PWSs with large volume water storage tank(s); and

 

(4)  PWSs that have available equipment, controls, and communications that better ensure the reliability of operations and water quality.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.04)

 

Env-Dw 406.09  Application for Part II, Final Design.

 

(a)  An applicant requiring final design of a non-community water system, including reactivation or registration, shall provide the following information constituting part II of the application:

 

(1)  A corrected copy of part I of the application previously submitted, which clearly identifies any changes from the original submittal, if applicable;

 

(2)  A revised plan, if different than that submitted with part I of the application pursuant to Env-Dw 406.06(a);

 

(3)  The well completion report for each well as required in We 800;

 

(4)  The water quality analysis results of the water from each well as specified in Env-Dw 406.16;

 

(5)  The well capacity of each well proposed to be connected to the PWS determined pursuant to Env-Dw 406.15;

 

(6)  The name of a designated primary operator certified in accordance with Env-Dw 502 or a person that has taken or arranged to take the operator certification exam as required under Env-Dw 502;

 

(7)  For NTNC water systems, a business plan pursuant to Env-Dw 602;

 

(8)  An emergency plan pursuant to Env-Dw 503;

 

(9)  The following design information, as applicable:

 

a.  For storage tank(s), the information in Env-Dw 406.20;

 

b.  For pump controls and auxiliary equipment, the information in Env-Dw 406.18;

 

c.  For a pumphouse or pump room, the information in Env-Dw 406.17;

 

d.  For well appurtenances and pumps, the information in Env-Dw 406.19;

 

e.  For wiring and control devices, the information in Env-Dw 406.21;

 

f.  For water treatment facilities, the information in Env-Dw 406.22, Env-Dw 406.23, and Env-Dw 406.25; and

 

g.  For water distribution systems, the information in Env-Dw 406.26; and

 

(10)  For well source(s) constituting a large groundwater withdrawal as defined in RSA 485-C:2, a copy of the large groundwater withdrawal permit issued by the department in accordance with Env-Wq 403.

 

(b)  Any material, product, or equipment incorporated into a PWS shall comply with the appropriate standard(s) of the AWWA, as specified in Env-Dw 402 if such a standard exists, and shall be specified in the design information accordingly.

 

(c)  The applicant shall sign and date the application to certify that the information provided is accurate.

 

(d)  The design review fee required by Env-Dw 402.03 shall be paid in conjunction with submission of part II of the application.

 

Source.  #14158, eff 12-25-24

 

Env-Dw 406.10  Application Approval, Request for Additional Information, and Denial for Part II – Final Design.

 

(a)  The department shall review part II of the design review application submitted in accordance with Env-Dw 406.09.

 

(b)  If the department determines that the information submitted in part II of the application meets the criteria specified in Env-Dw 406.09 and the design standards of this part, the department shall issue a final design approval and include project-specific conditions as necessary to ensure compliance with the requirements of the rules.

 

(c)  If the department determines that the information submitted in part II of the application is insufficient for the department to determine whether the criteria of Env-Dw 406.09 or the design standards of this part, have been met, the department shall notify the applicant in writing of the additional information needed to assess the application.

 

(d)  The notice required by (c) above shall specify:

 

(1)  What information is needed;

 

(2)  The deadline for submitting the information, established based on the type and volume of the information needed but in no case later than 60 days following issuance of the notice by the department;

 

(3)  The provisions of Env-Dw 406.09 relative to submitting the information; and

 

(4)  The provisions of (e) and (f) below, relative to failing to provide the information.

 

(e)  If the criteria specified in Env-Dw 406.09 and the design standards of this part, are still not met including the information submitted as a result of the notice made pursuant to (d) above, the department shall notify the applicant a second time, in accordance with (d) above, in writing of the additional information to be needed to assess the application.

 

(f)  The department shall deny the application if the applicant does not submit the additional information requested within the time frame specified in (d)(2) above or extended pursuant to (h) below, or the criteria specified in Env-Dw 406.09 and the design standards of this part are not met after the second request as specified in (e) above.

 

(g)  To request an extension to the deadline specified in (d)(2) above, the owner shall submit a written request for extension, including specific reason(s) why the extension is being sought and the requested revised deadline.

 

(h)  After receiving an extension request, if the department finds the requirements of (g) above are met, and that an extension has not previously been granted for this application, the department shall extend the deadline, for one time only, for 90 days.

 

(i)  Once the department has denied an application, an applicant wishing to reapply shall submit a new application in accordance with Env-Dw 406.05 and a new application fee in accordance with Env-Dw 406.09(d).

 

Source.  #14158, eff 12-25-24

 

          Env-Dw 406.11  Calculation of the Design Flow.

 

(a)  Subject to (c), below, the design flows for a non-community water system, shall be the maximum daily water use and shall be determined using one or more of the following methods:

 

(1)  Using the values in Table 1008-1 in Env-Wq 1008.03; or

 

(2)  Using historical water use in accordance with (b) below.

 

(b)  Historical water use shall be determined using one of the following:

 

(1)  If at least 12 months of consecutive daily water meter readings are available, the water system’s design flow shall be the maximum reported value;

 

(2)  If at least 12 months of consecutive weekly water meter readings are available, the water system’s design flow shall be the daily average value multiplied by 2; or

 

(3)  If at least 12 months of consecutive monthly water meter readings are available, the water system’s design flow shall be the daily average value multiplied by 3.

 

(c)  Since the design flows contained in Env-Wq 1008 do not include exterior water use, for those water systems where watering lawns and gardens, filling swimming pools, supplying fire protection systems such as sprinklers, or other high water use demands are expected, additional supply capacity shall be provided, subject to (d) below.

 

(d)  The PWS shall be designed for all expected uses. Any uses not accounted for in the design shall be explicitly prohibited.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.08)

 

          Env-Dw 406.12  Required Source Capacity.

 

(a)  The required minimum total source capacity for non-community water systems shall be not less than 1.5 times the system’s design flow based on a 24-hour day.

 

(b)  If the design flow exceeds 13,500 gpd, the PWS shall have a minimum of 2 active wells or an interconnection to another PWS.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.10)

 

 

          Env-Dw 406.13  Well Location.

 

(a)  Non-community water system wells shall be located at least 50 feet from the high water line of any surface waters, and 50 feet from any wetlands, and natural drainage ways.

 

(b)  The top of casing of non-community water system wells shall terminate at or above the flood hazard elevation determined pursuant to Env-Dw 406.06(b). The owner may add earth fill adjacent to the well to raise the finished grade around the permanent well casing for flood protection purposes, provided that all required permits for placing fill in wetlands and flood plains have been obtained.

 

(c)  Non-community water system wells shall be located at least 50 feet from the edge of road rights-of-ways, driveways, and parking areas to reduce contamination from de-icing salts and other roadway-related potential contamination sources.

 

(d)  No component of a PWS, including wells, shall be located in a Federal Emergency Management Agency designated floodway, with the exception of buried piping.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.11)

 

Env-Dw 406.14  Determination of the SPA.

 

(a)  The purpose of the SPA shall be to protect the long-term quality of each PWS well.

 

(b)  The well capacity shall be determined in accordance with Env-Dw 406.15.

 

(c)  The SPA shall be a circle, centered on the well, having a radius based on the well capacity as shown in Table 406-1.

Table 406-1: Sanitary Protective Area Radii

 

Well Capacity (gpd)

Sanitary Protective Radius Length (ft.)

0 – 750

75

751 – 1440

100

1441 – 4320

125

4321 – 14,400

150

14,401 – 28,800

175

28,801 – 57,600

200

57,601 – 86,400

250

86,401 – 115,200

300

115,201 – 144,000

350

Greater than 144,000

400

 

(d)  When the SPAs of more than one well overlap, then the individual SPAs for each well shall be based on their combined well capacity unless the applicant demonstrates through hydrogeological means that these wells are not interconnected.

 

(e)  The following land uses shall be specifically excluded from within the SPAs of non-community water systems:

 

(1)  Wastewater disposal systems, including septic tanks, grease traps, and effluent disposal areas;

 

(2)  Soil fertilization areas;

 

(3)  Nitrate set-back areas;

 

(4)  Dumpsters;

 

(5)  Detention ponds or infiltration basins;

 

(6)  Storage tanks for oil, gasoline, natural gas, diesel fuel, or other hazardous chemicals; and

 

(7)  Any uses associated with hazardous materials.

 

(f)  Acceptable uses within the SPA for non-community water systems shall include those uses listed below:

 

(1)  Roadways, with the exception of the required setback in Env-Dw 406.13(c);

 

(2)  Parking areas, with the exception of the required setback in Env-Dw 406.13(c);

 

(3)  Athletic courts;

 

(4)  Surface water such as lakes, rivers, and streams, with the exception of the required setback in Env-Dw 406.13(a);

 

(5)  Permanently protected or undevelopable land;

 

(6)  Wastewater piping which passes within the sanitary protective area only if:

 

a.  The type of pipe is ductile iron or approved equal pressure-type pipe that is tested for water-tight construction after installation; and

 

b.  All wastewater piping is located at least 50 feet or a distance equal to one-half the SPA radius, whichever is greater, from the well;

 

(7)  Pumphouse and permanent buildings; and

 

(8)  Other compatible uses proposed in writing to the department by the water system owner if the submittal demonstrates that:

 

a.  The type(s) and volume(s) of contaminant(s) associated with the activity, when subject to any best management practices proposed by the owner, will not pose a threat to water quality;

 

b.  The owner has a contaminant mitigation plan that will prevent the contaminant(s) from rendering the water unfit for use by the PWS; and

 

c.  The overall risk of groundwater contamination is outweighed by the benefit expected from the activity.

 

(g)  For non-community water systems, the owner shall control the SPA. The owner shall, where possible, locate the well and SPA entirely on the property owned by the PWS. Once established, the SPA shall not be subdivided. Where the SPA cannot be located fully on the property owned by the PWS, the owner shall obtain written legal easements from abutters. Such easements shall specifically exclude the uses described in (e) above, from the area within the SPA.

 

(h)  Notwithstanding the requirements of this part and Env-Dw 302, no well connected to a PWS shall be located closer to an aboveground storage tank or underground storage tank than the applicable distances specified in Env-Or 300 and Env-Or 400, as applicable.

 

Source.  #14158, eff 12-25-24

 

          Env-Dw 406.15  Pumping Tests.

 

(a)  For well source(s) constituting a large groundwater withdrawal as defined in RSA 485-C:2, the owner shall apply for and receive a large groundwater withdrawal permit in accordance with Env-Wq 403 prior to submitting part II of the design review application required by 406.09. Where the requirements of (b) through (h) below conflict with the requirements of Env-Wq 403, the stricter requirement shall apply.

 

(b)  For all non-community water systems having a design flow of 13,500 gpd or greater, the owner shall demonstrate adequate source capacity by performing a sustained 48-hour pumping test at a constant rate for all wells proposed to be connected to the PWS. The pumping test shall meet the requirements of (c) through (h) below and demonstrate stabilized drawdown for at least the last 12 hours of the test. Stabilization is defined as a drawdown of less than one inch in 2 hours. If stabilization is not achieved, the pumping test shall continue and the department shall be contacted.

 

(c)  The owner shall submit data documenting the pumping test on a pumping test log sheet that includes the following items:

 

(1)  Well depth, in feet;

 

(2)  The date of the pumping test;

 

(3)  The pumping rate, in gallons per minute (gpm);

 

(4)  The level of water in the well prior to pumping in feet below top of casing;

 

(5)  The drawdown level during pumping, in feet below top of casing;

 

(6)  The time the test was initiated and concluded and the total hours of the test;

 

(7)  Water levels in the PWS’s existing wells as required by (g) and (h) below, where applicable; and

 

(8)  On-site weather condition observations during pumping.

 

(d)  Each log sheet shall be identified by project name, well number or name, location, and submittal date.

 

(e)  Readings for water level and pumping rate shall be taken at least every hour so long as the change in drawdown exceeds 2 feet per hour. Thereafter, readings may be taken at appropriate intervals not to exceed 4 hours. Readings shall be direct measurements and not inferred from pump curves or other inferential methods.

 

(f)  Where proposed wells are within 150 feet of each other, the pumping tests shall be run simultaneously.

 

(g)  For an existing PWS, water levels in the PWS’s other well(s) shall be recorded before the pumping test starts, during the pumping test at intervals no greater than once every 4 hours, and just after the pumping test ends.

 

(h)  For an existing PWS with one or more existing wells that will continue to be used even if the proposed well is approved, each other well shall be operated as usual to demonstrate system capacity requirements as defined in Env-Dw 406.12.

 

(i)  Upon completion of the pumping test, the department shall determine the well capacity based on the constant pumping rate at which stabilization is demonstrated.

 

(j)  For all non-community water systems having a design flow less than 13,500 gpd, the capacity of all wells connected to the PWS shall be determined by either a pumping test performed pursuant to (b) above or the well completion report submitted by a licensed well driller in accordance with We 801.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.13)

 

          Env-Dw 406.16  Water Supply Quality Sampling.

 

(a)  The owner shall take a water sample from each source and have the sample analyzed for quality by a laboratory accredited by the New Hampshire environmental laboratory accreditation program for the analysis requested. Results from unaccredited laboratories shall not be accepted.

 

(b)  Water quality for NTNC water systems shall meet the applicable standards established in chapter Env-Dw 700 or shall be capable of meeting these standards with approved treatment.

 

(c)  Wells proposed to be connected to any non-community water systems shall be sampled for:

 

(1)  Arsenic;

 

(2)  Total coliform bacteria and E. coli;

 

(3)  Chloride;

 

(4)  Copper;

 

(5)  Fluoride;

 

(6)  Hardness;

 

(7)  Iron;

 

(8)  Lead;

 

(9)  Manganese;

 

(10)  Nitrate and nitrite;

 

(11)  pH;

 

(12)  Sodium;

 

(13)  Per- and Polyfluoroalkyl Substances (PFAS); and

 

(14)  Radon.

 

(d)  In addition to the sampling required by (c) above, wells proposed to be connected to a NTNC water system shall be sampled for radionuclides as required by Env-Dw 710.05(c).

 

(e)  The department shall require testing for additional contaminants if review of available data identifies contamination sources that might contaminate the well.

 

(f)  The collection date of the samples taken in accordance with (a) above shall be no greater than 6 months prior to the time the final design application is submitted to the department.

 

(g)  Samples taken in accordance with (a) above shall be taken after at least 3 well volumes have been pumped from the well.

 

(h)  The owner shall have the laboratory results submitted to the department as originals or copies of the original. Re- typing or re-writing the data shall not be acceptable.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.14)

 

          Env-Dw 406.17  Pumphouse Design and Construction.

 

(a)  For the purpose of this part, “pumphouse” shall refer to any building or similar structure where components of the water system are located, including, but not limited to, pumps, electrical system and controls, treatment equipment, aboveground piping and valves, and appurtenances. If the building is used for other purposes in addition to water supply, the room(s) or area(s) of the building where components of the water system are located shall be considered the pumphouse and shall meet the requirements of this part.

 

(b)  Pumphouses shall have screened gravity floor drains or equivalent with all floors pitched Ľ-inch per foot toward the drains. Sump pumps shall not be acceptable in lieu of screened gravity floor drains. The drain pipes shall not discharge to any surface water and shall be screened at the discharge end to prevent small animals or insects from blocking flow.

 

(c)  The layout of equipment and the design of the pumphouse shall provide for adequate space to allow operation and preventative maintenance.

 

(d)  The design and materials shall include provisions to minimize vandalism damage to wells, doors, and roofs, and shall not have windows.

 

(e)  The pump station walls and ceilings shall be fully insulated.

 

(f)  Construction materials shall be highly resistant to moisture, decay, and vandalism.

 

(g)  The owner shall make every reasonable effort to design and construct the pumphouse at finished grade. For pumphouses that are required to be below grade due to site constraints, the pumphouse shall be not more than 5 feet below grade provided that an OSHA-compliant stairway access is provided.

 

(h)  Except as allowed by (i) below, the floor elevation shall be at or above the flood hazard elevation determined pursuant to Env-Dw 406.06(b).

 

(i)  If a proposed component of a PWS is proposed to be located below a flood hazard elevation as determined pursuant to Env-Dw 406.06(b) and there are no practicable alternatives to the proposed site, measures shall be taken to minimize the risk of flood damage. The designer shall document the mitigating measures or design modifications that will be taken to reduce the threats from locating the component below the flood hazard elevation.

 

(j)  No component of a PWS shall be located in a Federal Emergency Management Agency (FEMA)-designated floodway, with the exception of buried piping.

 

(k)  To the extent practicable, drinking water facilities shall not be located in areas subject to a risk greater than 1% from earthquakes, fires, or other disasters that could damage the PWS or a portion thereof.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.16)

 

          Env-Dw 406.18  Pump Controls and Auxiliary Equipment.

 

(a)  A water meter shall be installed on each incoming source line before the water enters the storage tank(s).

 

(b)  A pressure gauge shall be provided on the discharge line of the well pump prior to the check valve and on the finished water line entering distribution after storage gauges shall be installed with gauge cocks for isolation and of suitable range for the expected pressure range.

 

(c)  All well and booster pump controls shall have a manual “off/on/auto” switch to control pump operations where water is pumped into a vented tank or the equivalent. Where the water is pumped into a pressure system, a pressure relief valve or spring-loaded “on” switch shall be provided.

 

(d)  Air compressors, if needed as part of the system design shall be of the oil-less type.

 

(e)  Mercury-type float switches shall be prohibited and, if present, shall be removed and replaced.

 

(f)  Pump run time meters shall be installed on all pumps, including, but not limited to, well pumps and booster pumps.

 

(g)  All lubricants for motors, pumps, and other mechanical equipment that comes into contact with potable water shall be of food grade oils.

 

(h)  If the design flow is equal to or greater than 20,000 gpd, water meters shall be installed to continuously measure the flow from each source independently. Said meters shall be maintained in accordance with the standards of the AWWA as required by Env-Dw 402. Data from said meters shall be recorded such that the operator can periodically access and save the data for tracking purposes. For each source, the monthly volume of withdrawal and the 24-hour maximum volume for each month shall be recorded and reported to the department in accordance with Env-Wq 2102.

 

(i)  The water system shall be capable of receiving an immediate addition of a disinfectant.

 

(j)  Components of the system required by (i) above, shall include:

 

(1)  An injection tap on source water feed lines, before all water storage tanks; and

 

(2)  An electrical outlet interconnected with the source pump electrical system.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.17)

 

 

          Env-Dw 406.19  Well Appurtenances and Pump Installation and Design.

 

(a)  No well installed after June 4, 1997 shall be placed inside a pumphouse or building being served by the water system.

 

(b)  Well casings shall project at least 18 inches above finished grade and shall terminate at or above the flood hazard elevation determined pursuant to Env-Dw 406.06(b).

 

(c)  For existing wells inside a vault below finished grade or other structure where the floor is below finished grade, the well casing shall extend above the finished floor at least 2 feet and comply with all construction requirements of We 602.35.

 

(d)  Where existing wells are installed inside a vault below finished grade or other structure where the floor is below finished grade, a screened gravity drain line shall be installed that discharges to daylight and drains during the 100-year flood.

 

(e)  A tight seal shall be provided around all entry ports into the well, except the well cap shall be vented and screened in accordance with the rules of the water well board We 600.

 

(f)  Provisions shall be made to allow the removal of the well pump for repair.

 

(g)  All well sources at all non-community water systems shall be capable of being separately sampled for water quality at a source sample tap. A check valve shall be located downstream of all source sample taps before entering storage tank(s), treatment systems, or distribution. Sample taps shall have a smooth nozzle at least 18 inches above ground and shall be clearly labeled with the corresponding source ID number.

 

(h)  Wells shall have an appropriately-sized stilling tube or alternative provisions for electronic drawdown probes permanently installed in the well to allow determination of the static and drawdown water levels. Existing wells shall conform with this requirement when the well pump is replaced or when well pump repair work is next done.

 

(i)  Well pumps shall be sized such that during normal operations they operate at or near their best efficiency point as stated in the manufacturer’s specifications.

 

(j)  All pump motors shall be premium efficiency motors as defined by the ANSI/NEMA Standard MG-1-2021, “Motors and Generators”, 2021, available as noted in Appendix B.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.18)

 

          Env-Dw 406.20  Storage Tanks.

 

(a)  All water storage tanks shall have drains.

 

(b)  All water storage tanks shall be located above the seasonal high ground water table or fixed to a properly designed anti-floatation pad or block to prevent possible flotation when empty.

 

(c)  Concrete water storage tanks shall be installed above the seasonal high water table to protect the contents from possible cross-contamination. Proposals to bury concrete water storage tanks into or below the water table shall not be accepted.

 

(d)  All atmospheric water storage tanks shall have a downward-turned "U" vent with fine mesh screening and shall be resistant to vandalism.

 

(e)  To help ensure the integrity of water storage tanks, all buried steel water storage tanks shall:

 

(1)  Be installed in accordance with current industry practice;

 

(2)  Be provided with an underdrain system to assure that the seasonal high ground water table remains below the bottom of the water storage tanks; and

 

(3)  Have a protective coating inside and out. The interior coating shall be certified as being manufactured and applied in accordance with the approved listings in Env-Dw 403. Any damage to the exterior coating during construction shall be repaired prior to tank backfill.

 

(f)  All water storage tanks larger than 500 gallons and installed after January 1, 1996 shall have a name plate identifying the following:

 

(1)  Year of manufacture;

 

(2)  Size; and

 

(3)  Pressure rating.

 

(g)  Atmospheric water storage tanks shall be equipped with a lockable capped filler pipe to accommodate tank truck water delivery.

 

(h)  All pressure tanks shall meet the requirements of the American Society of Mechanical Engineers (ASME) “Boiler and Pressure Vessel Code Section VIII-Rules for Construction of Pressure Vessels”, 2023 available as noted in Appendix B, for their intended use.

 

(i)  All new atmospheric storage tanks shall have a means to access the interior of the tank to facilitate periodic cleaning, inspection, and the maintenance of interior coatings.

 

(j)  All interior materials and coatings shall be certified as being manufactured and applied for use with potable water in accordance with the approved listings in Env-Dw 403.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.19)

 

Env-Dw 406.21  Wiring and Control Devices.

 

(a)  All wiring for water system controls and equipment shall be in accordance with the requirements of the version of the National Electrical Code used as the basis for licensing electricians in New Hampshire, as specified in Elec 404.04. All wiring shall be installed in conduit.

 

(b)  All electrical devices shall be grounded by a separate and dedicated groundwire.

 

(c)  Convenience outlets shall be of the ground fault interrupting type.

 

(d)  All junction boxes, relays, and contactors shall be in enclosures.

 

(e)  Conduits shall be run no less than 2 feet above the floor. Panels shall be mounted at least 3.5 feet above the floor unless they are designed and installed as floor mounted.

 

(f)  All equipment disconnects shall be capable of being locked out during service.

 

(g)  All relays and starters not part of an integrated panel shall be labeled.

 

(h)  A detailed schematic of the electrical system shall be posted in the enclosure or in an obvious place in the pumphouse, and shall also be part of the operational manual.

 

(i)  All pump controls shall have a manual “off/on/auto” switch to control pump operations. Where the water is pumped into a pressure system, a pressure relief valve or similar pressure surge protection shall be provided with the discharge piped toward a floor drain or exterior drainage.

 

(j)  Mercury-type float switches are prohibited, and shall, if present, be removed and replaced.

 

(k)  The electrical circuits of all chemical feed pumps shall be interconnected with the electrical circuit of the pump supplying the water being treated such that the chemical feed pump can only operate when the water supply pump is pumping. Where water flow requiring the use of a chemical feed pump varies, the chemical feed pump speed shall vary automatically proportionally to water flow rate.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

Env-Dw 406.22  Treatment Design Criteria.

 

(a)  When selecting water treatment processes at non-community water systems, the designer shall consider the following:

 

(1)  Maximizing the effectiveness of treatment;

 

(2)  Including sufficient controls and monitors to identify treatment performance and aid in operation;

 

(3)  Supporting reliability and flexibility of operations;

 

(4)  Selecting processes with low capital and operational costs and energy demand;

 

(5)  Designing equipment to be easily repaired or replaced in-kind to minimize operational downtime;

 

(6)  Sizing and configuring equipment consistent with the practices and standards of the professional water treatment industry; and

 

(7)  Minimizing waste residuals generation and preventing impacts to the environment.

 

(b)  Where filters are proposed or required, filter sizing shall minimize head loss and maximize treatment efficiency.

 

(c)  Where filter backwash is required, backwash controls shall be designed to:

 

(1)  Initiate a backwash based on volume of water treated, differential pressure, or contaminant breakthrough and not based on filter run time; and

 

(2)  Minimize backwash waste volume.

 

(d)  Any non-domestic discharge shall be registered, permitted, or both as required by local, state, or federal authorities.

 

(e)  Containers storing treatment chemicals shall be constructed of materials compatible with the stored chemicals and shall provide secondary containment for at least 110 percent of the stored volume.

 

(f)  If treatment is proposed or required, the final design shall:

 

(1)  Describe the proposed water treatment process, including how the process functions conceptually;

 

(2)  Include a schematic representation of the treatment process;

 

(3)  Describe the equipment, chemical(s), plumbing, and electrical and control systems that represent a complete treatment process;

 

(4)  Describe the anticipated treatment wastes and their disposal, in accordance with Env-Dw 406.23;

 

(5)  Include a tabular summary of laboratory sampling results analyzed by a New Hampshire accredited laboratory which identifies:

 

a.  The contaminant(s) to be modified by the treatment process; and

 

b.  All other water quality factors, by name and concentration, that might affect or be affected by the treatment process;

 

(6)  Identify the configuration of all components of the treatment process including:

 

a.  The rationale for a series or parallel configuration;

 

b.  The number of trains of equipment; and

 

c.  A description of each pretreatment process;

 

(7)  Describe the design goal of the treatment process, as follows:

 

a.  Removal of the contaminant(s) to de minimis levels; or

 

b.  A reduction of the contaminant so as to achieve compliance with the maximum contaminant level(s) or the maximum contaminant level goals specified in Env-Dw 702 through Env-Dw 706;

 

(8)  Identify the design criteria used for each treatment component of the process, as appropriate, including:

 

a.  The hydraulic loading rate;

 

b.  The detention time or empty bed contact time;

 

c.  The backwash or regeneration flow rate and frequency, volume of discharge, and anticipated contaminant concentrations of backwash or regeneration events; and

 

d.  The criteria used to establish the need for filter backwash or media regeneration;

 

(9)  Include a sampling tap with a smooth outlet nozzle to be installed between each treatment unit process and identify plumbing appurtenances throughout the treatment sequence, including:

 

a.  Connecting pipe size, isolation valves, check valves, unions, and bypasses;

 

b.  Meter(s) and their type including whether indicating, totalizing or recording; and

 

c.  Flow restrictors and their rating;

 

(10)  Identify measuring, control, and communication or alarm equipment including:

 

a.  Chemical feed pump pacing method and associated equipment;

 

b.  Flow switch interrupt of chemical feed equipment when there is no production flow; and

 

c.  Other automatic monitoring and communication devices;

 

(11)  For each treatment chemical to be used:

 

a.  Specify the chemical feed rate and target dosage; and

 

b.  Include the following information:

 

1.  Documentation that the chemical is approved for drinking water use in accordance with (ANSI) standard 60 as required in Env-Dw 403; and

 

2.  A copy of the (SDS) for that chemical; and

 

(12)  Include a water quality monitoring plan for determining the quality of the treated water and waste flows, as described in Env-Dw 406.25.

 

(g)  Flow mix, if proposed, shall be in accordance with Env-Dw 402.04.

 

(h)  A sampling point shall be provided after the last point of chemical injection. If atmospheric storage is located prior to the first customer, sampling points shall be provided both upstream and downstream of the atmospheric storage tank prior to the first customer.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

Env-Dw 406.23  Disposal of Treatment Wastes. The proposal for disposal of treatment wastes and by-products required by Env-Dw 406.22(f)(4) shall:

 

(a)  Identify the volume and strength of treatment wastes and by-products expected to be generated;

 

(b)  Identify whether the expected treatment wastes or by-products are hazardous and cite the applicable rule(s);

 

(c)  Identify the state agency having jurisdiction over the treatment wastes or by-products;

 

(d)  Identify the method(s) proposed to dispose of the treatment wastes or by-products; and

 

(e)  Estimate the annual cost of waste disposal.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.22)

 

          Env-Dw 406.24  Operation and Maintenance Manual.

 

(a)  The owner shall ensure that an operation and maintenance manual of the water system is on file at the system, and the owner shall submit said manual to the department as part of or prior to the notification required by Env-Dw 406.28(a).

 

(b)  The manual, electronic or paper, required by (a) above, shall:

 

(1)  Always be available on-site at the water system and, if paper, be bound; and

 

(2)  Include the following:

 

a.  A schematic drawing of the treatment process, which shall identify each unit of the treatment equipment by:

 

1. Type;

 

2. Size;

 

3. Model number; and

 

4. Any appurtenances;

 

b.  An original or a photocopy of the description of the treatment equipment from the manufacturer’s catalogue;

 

c.  A separate schematic drawing of the treatment process in the normal production configuration, which shall include:

 

1. A written description of the process, which shall reference the schematic drawing and show flow direction; and

 

2. The approximate expected values, settings, or feed rates for pumps, gauges, gate valves, and controllers in the production mode;

 

d.  A separate schematic drawing of the treatment process in the normal backwash or regeneration configuration, which shall include:

 

1. A written description which references the schematic drawing, showing the backwash or regeneration process functions which shall include:

 

i.  The flow rate of backwash or regeneration and its temperature dependency where applicable;

 

ii.  The duration of backwash or regeneration; and

 

iii.  The frequency of anticipated backwashes or regenerations;

 

2.  The approximate expected values, settings, or feed rates for pumps, gauges, isolation valves, and controllers in the backwash mode; and

 

3.  The backwash disposal location and a copy of the backwash waste discharge registration issued by the department;

 

e. Recommended short- and long-term maintenance schedules for each piece of equipment;

 

f. A description of common operational problems and proposed corrective operator responses;

 

g. A description of how the operator can maximize the efficiency of the treatment process relative to:

 

1. Energy use;

 

2. Chemical use;

 

3. Maximizing the net treated water production volume; and

 

4. Minimizing the volume of waste and by-products produced; and

 

h. A blank copy of the compliance and oversight operational form that is required by Env-Dw 503 to be submitted to the department when a water system performs treatment.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.23)

 

          Env-Dw 406.25  Water Quality Monitoring Plan.  The water quality monitoring plan required by Env- Dw 406.22(f)(12) shall:

 

(a)  Identify recommended operational raw water test parameters and sampling frequencies; and

 

(b)  Identify recommended operational finished water test parameters and sampling frequencies in addition to compliance monitoring required in accordance with Env-Dw 701 through 719, as applicable.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.24)

 

          Env-Dw 406.26  Distribution System.

 

(a)  Subject to (c) below, the system shall be designed to maintain a minimum pressure of 20 pounds per square inch (psi) at ground level at all points in the distribution system under all conditions of flow. The normal working pressure shall be approximately 60 to 80 psi and shall not be less than 35 psi.

 

(b)  Subject to (c) below, when static pressure exceeds 100 psi pressure reducing devices shall be installed on each individual water service line at the meter or on the water main to maintain pressure at less than 100 psi. Any bypass line around a water main pressure reducer shall also have a pressure reducer. Where pressure reducers are installed below ground, they shall be located in a vault, which shall have a gravity drain to daylight with a rodent screen. The PWS owner shall maintain all pressure reducing devices, whether on individual water service lines or on water mains, in proper working order.

 

(c)  Pressure shall be measured at ground level including at service connections up to building entrances.

 

(d)  Individual booster pumps shall not be allowed for any individual residential service from the public water supply mains.

 

(e)  The water distribution piping shall be so valved as to allow isolation of major sections of the water distribution piping system for repairs while still providing service to most of the water system.

 

(f)  The spacing for inline isolation valves installed on water mains shall not exceed every 800 feet. Isolation valves shall be provided at all intersecting pipes. Isolation valves shall be located at not more than 500-foot intervals in areas where the ground elevation is below the flood hazard elevation as determined in accordance with Env-Dw 406.06(b) and in areas where water pipes are at a reasonable risk of being damaged by erosion.

 

(g)  Blow-offs or similar flushing devices shall be installed to allow flushing of all water mains in the water distribution piping system. Flushing devices shall be sized to provide flows which will give a velocity of at least 3.0 feet per second in the water main being flushed. Blow-offs and flushing devices shall not have drains, or the drains shall be plugged, to prevent cross contamination.

 

(h)  Dead-end piping shall be minimized. Dead-end mains shall be equipped with a means to provide adequate flushing in accordance with (g) above.

 

(i)  Near the temporary end of a water main, a gate valve shall be installed to allow future piping extension without shutting down the system or jeopardizing the health of existing consumers.

 

(j)  Water distribution piping shall be bedded in sand or other appropriate material in accordance with the applicable standard of AWWA as listed in Env-Dw 402.

 

(k)  Water distribution piping for year-round PWSs shall be buried below the frost line.

 

(l)  Subject to (n), below, a minimum horizontal separation of 10 feet shall be maintained between water mains and gravity sanitary or storm sewers, sewer force mains, sewer manholes, inlets, and other structures, septic tanks, and subsurface treatment systems. The distance shall be measured from outside edge to outside edge.

 

(m)  Subject to (n) below, if a water main must cross a gravity sanitary or storm sewer pipe or force main, the water main shall cross above the sewer pipe with not less than 18 inches of clear separation. At crossings, one full length of water pipe shall be located so both joints will be as far from the sewer as possible. Special structural support for the water and sewer pipes shall be provided as necessary.

 

(n)  When conditions prevent the minimum separation distances specified in (l) and (m) above, or when it is impracticable to install water mains above sanitary or storm sewer pipes, deviations from the requirements of (l) and (m) above shall only be allowed if a specific waiver is granted by the department in accordance with Env-Dw 406.31. In addition to any other condition(s) imposed by the department in granting the waiver, the following requirements shall apply be considered by the water system:

 

(1)  The water main shall be laid in a separate trench or on an undisturbed earth shelf located on one side of the sewer and at an elevation so the bottom of the water main is at least 18 inches above the top of the sewer pipe;

 

(2)  The sanitary or storm sewer pipe materials shall be pressure rated, and the manholes, inlets, and other sewer structures shall be watertight and shall be pressure or leak tested to demonstrate watertightness; and

 

(3)  Where water piping crosses under sanitary or storm sewer piping, a minimum of 18 inches clearance shall be required.

 

(o)  When pipes cross water bodies 15 feet or wider, pipes shall be buried at least 5 feet below the water body’s bed, and isolation valves shall be installed on each side of the water body, between the water body and the first service connection.

 

(p)  Piping and valving material and installation techniques shall conform with the appropriate AWWA specification, in accordance with Env-Dw 402.

 

(q)  Other utilities, including, but not limited to natural gas, electric, telephone, steam, and cable television, shall not be installed within 3 feet of water mains.

 

(r)  All buried non-metallic piping shall be backfilled with an effective metal tracing element located above the pipe approximately 6 inches below the finished grade.

 

(s)  Gate valves and service shut-offs shall be equipped with cast iron gate box extensions. Gate valve boxes shall have cast iron covers clearly marked by the word “water” or other appropriate water supply marking and shall be installed flush with the finished grade.

 

(t)  Rigid connections shall not be used to construct or repair water distribution piping systems.

 

(u)  The distribution system shall not include any fixture which incorporates a stop and waste valve cross-connection, unless a reduced pressure backflow device or air gap is used pursuant to Env-Dw 505.

 

(v)  Any PWS that conducts a partial or full replacement of a lead service line or galvanized service line requiring replacement is subject to the requirements of 40 CFR 141 Subpart I.

 

(w)  Handling and disposal of lead pipe, galvanized pipe that might contain lead, or other lead components is subject to Env-Hw 400, Env-Hw 500, Env-Hw 800, and Env-Hw 1200.

 

(x)  Where it is not practicable to bury a service line below the frost line all the way to the building entrance, for example under mobile homes, heat tape shall be installed to prevent the service line from freezing. The length of above-ground service pipe shall be minimized.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.25)

 

Env-Dw 406.27  Post-Construction Procedures.

 

(a)  Within 90 days after the water system construction is complete, record drawings shall be submitted to the department and to the operator showing precise horizontal dimensional measurements, depth of bury, material type, and nominal size of all buried water mains and piping, gate valves, blow-offs, hydrants, flushing devices, service connections, and utility crossings.

 

(b)  For purposes of this section, “precise-dimensional measurements” means of sufficient accuracy to locate the facility or appurtenance to within 1 foot accuracy, recorded to the nearest 0.5 foot.

 

(c)  For NTNC water systems, prior to serving water to the public, the owner shall submit a lead service line inventory and lead service line replacement plan meeting the requirements of 40 CFR 141 Subpart I to the department for review and approval.

 

(d)  The owner shall maintain and update, as necessary, based on the best information available to the owner, the PWS’s:

 

(1)  Record drawings and tie location records as required by Env-Dw 504.08; and

 

(2)  Lead service line inventory and replacement plan as required by 403.03(b).

 

(e)  The owner shall perform a leakage test of the buried water distribution piping system before system use. The water distribution piping system shall be checked for leakage in accordance with the appropriate AWWA standard specified in Env-Dw 402. Leakage shall not exceed the value given in the appropriate AWWA standard specified in Env-Dw 402.

 

(f)  For all non-community water systems, flushing and chlorination of the water distribution piping system shall be completed before use. Before the inspection of the water system by the department as required by Env-Dw 405.28, the entire water system, distribution pipes, water storage tanks, and pumps shall be flushed to remove any dirt or other contaminants, and then chlorinated in accordance with the appropriate AWWA standard, as specified in Env-Dw 402. After 24 hours, upon completion of the disinfection, the system shall then be flushed again until chlorine residual is less than 0.1 milligrams per liter, and a water sample shall be taken from the end of the distribution system and analyzed for bacterial quality by a laboratory accredited for such test by the New Hampshire environmental laboratory accreditation program.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

Env-Dw 406.28  Notification of Initiation of Water Service and Request for Inspection.

 

(a)  Subject to (b) below, upon completion of the construction of a non-community PWS and all required testing, but no later than 10 working days preceding the start of water service, the owner shall notify the department of the proposed date of the start of water service and request an inspection, of the water system. The PWS shall not initiate service until 10 days after all notifications are provided in writing to the department.

 

(b)  As part of or prior to the notification required by (a) above, the owner shall submit to the department:

 

(1)  Written verification of completion of construction, disinfection of all water system components that will come into direct contact with potable water, and completion of all required testing;

 

(2)  The operation and maintenance manual required by Env-Dw 406.24;

 

(3)  The record drawings required by Env-Dw 406.27(a); and

 

(4)  The lead service line inventory required by Env-Dw 406.27(c).

 

(c)  The certified operator, knowledgeable of the water system, shall be in attendance at the inspection by the department.

 

(d)  For existing PWSs, an inspection by the department shall not be required for construction of water main replacement extension, or both, including water service connections, but the owner shall submit the information required in (b)(1) and (3) above to the department.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

Env-Dw 406.29  Modifications and Expansions.

 

(a)   Any person seeking to expand a non-community PWS shall submit the following to the department:

 

(1)  Historical water use data for at least the past 2 years;

 

(2)  The proposed design flow calculated in accordance with Env-Dw 406.11; and

 

(3)  Documentation demonstrating the existing source(s) have the required supply capacity as required by Env-Dw 406.12.

 

(b)  Any person seeking to modify or expand a PWS in accordance with Env-Dw 406.05 shall submit the following to the department:

 

(1)  A written request to amend the design approval;

 

(2)  A description of the necessary changes;

 

(3)  An explanation of why the changes are needed;

 

(4)  Plan sheets, including revisions to previously approved plans, and the following, if applicable:

 

a.  For new well(s), the information in Env-Dw 406.13 through 406.16;

 

b.  For storage tank(s), the information in Env-Dw 406.20;

 

c.  For pump controls and auxiliary equipment, the information in Env-Dw 406.18;

 

d.  For a pumphouse or pump room, the information in Env-Dw 406.17;

 

e.  For well appurtenances and pumps, the information in Env-Dw 406.19;

 

f.  For wiring and control devices, the information in Env-Dw 406.21;

 

g.  For water treatment facilities, the information in Env-Dw 406.22, 406.23, and 406.25; and

 

h.  For water distribution systems, the information in Env-Dw 406.26;

 

(5)  Revised calculations, as applicable;

 

(6)  If infrastructure is decommissioned, photo documentation showing a minimum 12-inch gap in the piping from the original well(s), storage tank(s), and any other decommissioned infrastructure;

 

(7)  If connection to another PWS is proposed, documentation from the supplying owner certifying that:

 

a.  Adequate quantities of water are available to serve the proposed PWS; and

 

b.  With the proposed PWS online, adequate system pressures and source capacity will be maintained; and

 

(8)  The design fee as required by Env Dw-402.03.

 

(c)  For deepening or hydrofracturing of wells, the applicant shall submit:

 

(1)  The well capacity after hydrofracturing or deepening determined pursuant to Env-Dw 406.15; and

 

(2)  The water quality analysis results of the water from each well as specified in Env-Dw 406.16.

 

(d)  Replacement in-kind does not require department approval, except that replacement of a well shall comply with the requirements of Env-Dw 406.13 through Env-Dw 406.16.

 

(e)  The plans and specifications for modifications to PWSs having a design flow greater than 20,000 gpd shall be sealed by a professional civil or sanitary engineer licensed in the state of New Hampshire.

 

(f)  The department shall approve the application to modify the non-community PWS if the design meets the criteria in this part.

 

Source.  (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14

 

New.  #14158, eff 12-25-24

 

Env-Dw 406.30  Expiration and Extension of Design Approvals.

 

(a)  Any final design approval for a proposed non-community water system shall expire 4 years after issuance if the pumphouse and 25% or more of the proposed water distribution piping system have not been completed and the water system has not started operation.

 

(b)  A new design review fee and appropriate design revision shall be required for review and re-approval of lapsed designs.

 

(c)  A new complete water quality test shall be required for each source for the appropriate parameters listed in Env-Dw 702 through Env-Dw 706 for re-approval of lapsed designs.

 

(d)  To request an extension to a non-community water system design approval, the owner shall submit a written request for extension, including:

 

(1)  Specific reason(s) why the extension is being sought;

 

(2)  The new construction schedule;

 

(3)  Confirmation that no changes have been made to the original approved design; and

 

(4)  A new water quality test for each source for the appropriate parameters listed in Env-Dw 406.16.

 

(e)  After reviewing an extension request, if the department finds that the previously approved design will ensure that the project is consistent with all applicable requirements in place at the time the extension request was received, the department shall extend the approval for a reasonable amount of time, under the circumstances, not to exceed 4 years.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.29)

 

Env-Dw 406.31  Waivers.

 

(a)  Any applicant or supplier of water who would be adversely impacted by the strict application of a rule in this part and who wishes to request a waiver of the rule shall do so in accordance with Env-Dw 202.

 

(b)  Waivers shall not be granted for criteria which pose a direct risk to public health, including but not limited to, proper well construction, multiple wells where required, water quality standards, or the integrity of water storage tank(s).

 

(c)  A waiver requests for a non-community water system’s SPA shall be submitted by the owner as follows:

 

(1)  All requests for waivers shall be submitted as specified in Env-Dw 202 and shall be signed by the owner and the water system’s designer; and

 

(2)  The request shall include information on technically-important factors for a waiver of the SPA such as historical water quality, if applicable, overburdened soil depth, soil type, height and consistency of water table, direction of slope, and potential contamination sources.

 

Source.  (See Revision Note at part heading for Env-Dw 406) #10613, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 406.28)

 


Appendix A:  State Statutes and Federal /Regulations Implemented

Rule Section(s)

State Statute(s) Implemented

Federal Requirement(s) Implemented

Env-Dw 401.01-401.03

RSA 485:1, II(c)

Env-Dw 401.04

RSA 485:3, I

40 CFR 141.5

Env-Dw 401.05

RSA 485:1, II(d)

Env-Dw 402

RSA 485:41, III

Env-Dw 402.01

RSA 485:1, II(c)

40 CFR 142 Subpart B

Env-Dw 402.02

RSA 485:8, III & IV

Env-Dw 402.03

RSA 485:3, I(c); RSA 485:8

40 CFR 142 Subpart B

Env-Dw 402.04

RSA 485:3, XII

42 USC 300g-9

Env-Dw 402.05

RSA 485:8, I & II

42 USC 300f(4)(A); 40 CFR 142 Subpart B

Env-Dw 402.06

RSA 485:3, III; RSA 485:42

40 CFR 142 Subpart B

Env-Dw 403

RSA 485:3, VIII

40 CFR 143.12; 40 CFR 141 Subpart I

Env-Dw 404.01 – 404.11

RSA 485:3, I; RSA 485:8

40 CFR 141 Subpart I

Env-Dw 405.01 - 405.33

RSA 485:1, II(c); 485:8

40 CFR 141 Subpart I

Env-Dw 406.01 – 406.31

RSA 485:1, II(c); RSA 485:8

40 CFR 141 Subpart I

 

 

Appendix B: Incorporation By Reference Information

Rule Section(s)

Title

Dated

Obtain at:

Env-Dw 402.06; Table

402-1

American Water Works Association Standards A100 through F120

Various

The NH Department of Environmental Services office Or

https://store.awwa.org/standards?custitem_facet_standards_field=Current-Standards

Env-Dw 403.01

“Drinking Water Treatment Chemicals – Health Effects”, (60) ANSI document identification number NSF/ANSI 60-2024, American National Standards Institute, 2024.

2024

 

American National Standards Institute

https://webstore.ansi.org/standards/nsf/nsfansi602021600

 

Env-Dw 403.01

“Drinking Water System Components – Health Effects”, (61) ANSI document Identification number NSF/ANSI 61-2023, American National Standards Institute, 2023.

2023

American National Standards Institute

https://webstore.ansi.org/standards/nsf/nsfansi612021600

 

Env-Dw 404.04(a)

“Recommended Standards for Water Works, Policies for the Review and Approval of Plans and Specifications for Public Water Supplies”, A Report of the Water Supply Committee of the Great Lakes – Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers, 2022.

2022

NH Department of Environmental Services office

or https://www.health.state.mn.us/c ommunities/environment/water/t enstates/standards.html

Env-Dw 404.05(p); Env-Dw 405.06(c); Env-Dw 406.06(c)

“New Hampshire Coastal Flood Risk Summary – Part I: Science and Part II: Guidance for Using Scientific Projections" prepared for the New Hampshire Coastal Flood Risk Science and Technical Advisory Panel, 2019.

2019

University of New Hampshire

https://scholars.unh.edu/ersc/210

 and

https://scholars.unh.edu/ersc/211

 

Env-Dw 405.17(f), Env-Dw 405.20(j), and 406.19(j)

National Electrical Manufacturers Association Standard ANSI/NEMA MG 1-2021 “Motors and Generators”, 2022.

June 29, 2022

National Electrical Manufacturers Association (NEMA)

https://www.nema.org/standards/view/motors-and-generators

Env-Dw 405.21(g) and Env-Dw 406.20(h)

American Society of Mechanical Engineers (ASME) “Boiler and Pressure Vessel Code Section VIII-Rules for Construction of Pressure Vessels”, Division 1 BPVC.VIII.1-2023, 2023.

2023

American Society of Mechanical Engineers (ASME)

https://www.asme.org/codes-standards/find-codes-standards/bpvc-viii-1-bpvc-section-viii-rules-construction-pressure-vessels-division-1/2023/print-book