Env-Dw 500

CHAPTER Env-Dw 500 OPERATION AND MAINTENANCE

Statutory Authority: RSA 485:11

PART Env-Dw 501 PERMIT TO OPERATE

REVISION NOTE:

Document #9411, effective 3-12-09, readopted with amendments and renumbered former Env-Ws 303.03, entitled Permit to Operate, under a new subtitle as Part Env-Dw 501, within a new Chapter Env-Dw 500 entitled Operation and Maintenance. 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 #9411 replaces all prior filings for rules formerly in Env-Ws 303.03. The prior filings for rules in former Env-Ws 303.03 include the following documents:

#4875, INTERIM, eff 7-23-90 (as Env-Ws 302.06)

#4984, eff 11-20-90 (as Env-Ws 302.06)

#5422, eff 6-22-92 (as Env-Ws 302.07)

#6521, eff 6-4-97

#8360, INTERIM, eff 6-4-05

#8498, eff 11-30-05

Env-Dw 501.01 Permit to Operate Required; Current Information Required.

(a) Subject to the exemption from fees for public water systems owned by a state, county, municipality, town, precinct, or district established in Laws of 1991, 380:4, the owner of each community water system (CWS) and of each non-transient non-community water system (NTNC) shall obtain a permit to operate (PTO) annually for the system from the department, pursuant to RSA 485:3-a.

(b) The owner of a system required to obtain a PTO shall update the contact information on file with the department as needed to ensure that the information is current at all times.

Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

Env-Dw 501.02 Information Recorded for Permit to Operate.

(a) The department shall record the information described in (b) or (c), below, as applicable, into its database:

(1) For all existing CWS or NTNC; and

(2) When a PWS ID is assigned by the department to any new CWS or NTNC.

(b) For an NTNC, the department shall record:

(1) The name and location of the NTNC;

(2) The name, mailing address, and daytime telephone number of the owner of the NTNC and, if available, an e-mail address; and

(3) An estimate of the number of persons served by the system on a repeat basis for at least 6 months per year.

(1) The name and location of the CWS;

(2) The name, mailing address, and daytime telephone number of the owner of the CWS and, if available, an e-mail address;

(3) An estimate of the number of persons served by the water system; and

(4) The number of household service connections in the CWS.

Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

Env-Dw 501.03 PTO Billing and Fee Payment.

(a) Using the information recorded as specified in Env-Dw 501.02, the department shall complete an application for a PTO for each CWS and NTNC, including the fee in the amount specified in Env-Dw 501.05.

(b) The department shall send the completed application to the e-mail address on record for the system or, if no e-mail address is available, to the mailing address on record for the system.

(c) Subject to (e), below, the owner of the system shall return the application with the specified fee on or before June 30 of the year in which the application was sent.

(d) In addition to returning the application with the specified fee, the owner of the system shall:

(1) Certify that all information on the application that pertains to the system is correct; or

(2) If the information is not correct, provide corrected information.

(e) If the application is issued after June 1, the owner shall return the application as specified in (c) and (d), above, within 30 days of the date of issuance.

(f) The owner shall remit payment of the invoice to the department at the following address:

Department of Environmental Services

Drinking Water and Groundwater Bureau

Attn: PTO Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

Env-Dw 501.04 Issuance and Display of PTO.

(a) The department shall issue a PTO to a CWS or NTNC upon receipt of the signed application and fee payment as specified in Env-Dw 501.03.

(b) The PTO shall be valid for the period July 1 through the following June 30.

Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

Env-Dw 501.05 PTO Fees.

(a) As specified in RSA 485:41, VIII, the PTO fee for an NTNC shall be $150 per year.

(b) As specified in RSA 485:41, VIII, the PTO fee for a CWS shall be the smaller of $300 or $10 per household or household equivalent, as defined in RSA 485:1-a.

(c) If a system changes ownership and the PTO fee for the current year has not been paid, the new owner shall pay the entire PTO fee for the current year, however nothing herein shall be construed to prevent the new owner from seeking reimbursement of the fee, on a prorated basis or otherwise, from the previous owner.

(d) For any CWS or NTNC placed in operation on or after October 1, no PTO shall be required until the following permit period.

(e) For purposes of calculating the fee, 2 or more systems on the same property owned by the same person shall be deemed to be a single water system.

(f) If paid by check or money order, the PTO fee shall be paid separately from other fees which are owed to the department.

Source. (See Revision Note at part heading for Env-Dw 501) #9411, eff 3-12-09; ss by #12214, eff 6-20-17

PART Env-Dw 502 CERTIFICATION OF WATER WORKS OPERATORS

Statutory Authority: RSA 332-E:3

Revision Note:

Document #9410, effective 3-12-09, readopted with amendments and renumbered former Part Env-Ws 367, entitled Certification of Water Works Operators, under a new subtitle as Part Env-Dw 502. 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. Numbers of former rules under subtitle Env-Ws are cited in the source notes.

Document #9410 replaces all prior filings for rules formerly in Env-Ws 367. The prior filings for rules in former Env-Ws 367 include the following documents:

#4850, eff 6-25-90

#5422, eff 6-22-92

#5873, eff 7-26-94

#6521, eff 6-4-97

#7396, eff 11-1-00

#9297, INTERIM, eff 11-1-08

Env-Dw 502.01 Purpose. The purpose of these rules is to implement RSA 332-E relative to the certification of operators of public water system treatment plants and distribution systems, in order to:

(a) Assure that operators of water treatment plants and distribution systems are qualified to properly operate and maintain such facilities; and

(b) Protect public health.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.01); ss by #12363, eff 8-19-17

Env-Dw 502.02 Applicability. These rules shall apply to:

(a) Operators of any:

(1) Community water system (CWS);

(2) Non-transient, non-community water system (NTNC); or

(3) Privately owned redistribution system (PORS); and

(b) Any individual who wishes to operate a CWS, NTNC, or PORS.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.02); ss by #12363, eff 8-19-17

Env-Dw 502.03 Definitions.

(a) “Active certificate” means a certificate issued by the department that has not expired and has not been suspended, revoked, or refused renewal by the department.

(b) “Certificate” means “certificate” as defined in RSA 332-E:1, II, as reprinted in Appendix B.

(d) “Continuing Education Unit (CEU)” means a unit of credit granted by an organization that has been approved by the International Association for Continuing Education and Training (IACET) as an authorized provider based on 10 hours of instruction time.

(e) “Department” means “department” as defined in RSA 332-E:1, III, as reprinted in Appendix B.

(f) “Flocculation” means a process to enhance agglomeration or collection of smaller floc particles into larger, more easily settleable particles through gentle stirring by hydraulic or mechanical means, as regulated under Env-Dw 716.

(g) “Operator experience” means the time an operator has been actively engaged in the satisfactory performance of his or her duties at a CWS or NTNC.

(h) “Operator-in-training (OIT)” means an applicant who has satisfactorily met the education and examination requirements for the grade for which the applicant has applied but who has not had sufficient experience to meet the full requirements for that grade.

(i) “Primary water system operator” means an individual certified at a treatment or distribution grade equal to or greater than the classification of the water system, who has been designated by the owner of the water system as responsible for the operation of the water system as required by Env-Dw 502.24(a)(2).

(j) “Privately owned redistribution system (PORS)” means “privately owned redistribution system” as defined in RSA 485:1-a, XIV-a, as reprinted in Appendix B.

(k) “Responsible charge experience” means the time an operator is actively engaged in supervising the operation of a water treatment plant or water distribution system.

(l) “Sedimentation” means a process in which solid particles settle out of water in a clarifier or sedimentation basin.

(m) “Source” means the source of water for a CWS or NTNC, including wells, springs, and surface waters such as lakes and streams.

(n) “Technical contact hour (TCH)” means 60 minutes of training in the technical aspects of operating, designing, or maintaining a water treatment plant or water distribution system or in the development of professional skills necessary to managing a water treatment plant or water distribution system, or any combination thereof.

(o) “Water distribution system” means “water distribution system” as defined in RSA 332-E:1, V, as reprinted in Appendix B. The term includes “distribution system”.

(p) “Water treatment plant” means “water treatment plant” as defined in RSA 332-E:1, VI, as reprinted in Appendix B. The term includes “treatment plant”.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.03); amd by #9910, eff 4-19-11; ss by #12363, eff 8-19-17

Env-Dw 502.04 Application for Operator Certification.

(a) As specified in RSA 332-E:4, I, an applicant for operator certification shall file an application with the department not later than one month preceding the date of the examination on an application form provided by the department.

(b) A complete application shall:

(1) Include a completed “Application for Water Works Operator Certification” form, dated August 2025;

(2) Be accompanied by:

a. The fee specified in RSA 332-E:4, III; and

b. All attachments to the application form, including documentation demonstrating that the applicant meets the minimum education and experience requirements specified in Env-Dw 502.20; and

(3) Be signed as specified in Env-Dw 502.06.

(d) The application fee shall not be returned regardless of whether the applicant qualifies to take the examination or passes the examination.

(e) As stated in RSA 332-E:3, I, no water treatment plant or water distribution system shall be operated unless the primary operator holds an active certificate issued by the department.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.04); ss by #12363, eff 8-19-17; ss by #14344 EXRF, eff 8-22-25, EXPIRES: 8-22-35

Env-Dw 502.05 Required Application Information. An applicant shall provide the following information on or with the application form identified in Env-Dw 502.04(b)(1):

(a) The name, mailing address, date of birth, telephone number including area code, and e-mail address of the applicant;

(b) If the applicant is currently employed by a water system or other water company, the employer’s name, mailing address, telephone number including area code, e-mail address, and PWS identifier, if applicable;

(1) Whether the application is for a new certification, an upgrade to an existing certification, the reactivation of an inactive certification, a re-test, or reciprocity and, if the application is based on reciprocity, the state and certification number; and

(2) Whether the application is for a grade IA combined distribution and treatment certification or a grade I, grade II, grade III, or grade IV treatment certification, distribution certification, or both certifications;

(d) Information about all other professional or occupational certifications, licenses, permits, or other required authorizations and for each, the unique identification number, state of issuance, and current status, and whether the applicant has ever been refused a professional or occupational license or had one suspended or revoked, and if so an explanation;

(e) Information about the applicant’s education, including:

(1) The name and location of the high school the applicant attended, the number of years attended, and the year the applicant graduated or otherwise obtained a high school equivalency (HSE) certificate;

(2) The name and location of each college the applicant attended, the number of years attended, the year a degree was awarded, and the type of degree awarded and the major; and

(3) Copies of all college transcripts;

(f) Information about the applicant’s training, including the following for each course, seminar, or other program:

(1) The title of the program;

(2) The name of the program’s provider;

(3) A brief description of the material covered in the program;

(4) The amount of active instruction time;

(5) The date the applicant completed the course; and

(6) A copy of the certificate of completion, transcript, or other documentation that the applicant completed the program;

(g) Information about the applicant’s work experience, including the following for each position beginning with the current or most recent:

(1) Employer name, location address, telephone number including area code, and email address;

(2) The name and title of the applicant’s supervisor;

(3) The dates of employment and the number of hours worked per week; and

(4) The applicant’s job title and an explanation of the applicant’s duties;

(h) For applicants other than for grade I-A, verification of work experience in the form of a statement signed by a responsible official of the applicant’s employer that:

(1) The information provided by the applicant on the application form is true and complete to the best of the official’s knowledge and belief; or

(2) If the information is not true and complete or if the applicant is no longer employed by that employer, a separate statement, signed as specified in Env-Dw 502.06(c), that provides the applicant’s dates of employment, the number of hours worked per week, the applicant’s job title, and an explanation of the applicant’s duties;

(i) Whether the applicant is seeking to substitute for education or experience as allowed by Env-Dw 502.22, and if so, an explanation of the substitution; and

(j) Any additional information or comments that are relevant to the application that the applicant wishes to provide.

Source. #12363, eff 8-19-17

Env-Dw 502.06 Signatures and Certifications Required.

(a) The applicant shall sign and date the application.

(b) If verification of employment is made on the application form, a responsible official shall sign and date the form where indicated and print his or her name and title and the name of the employer.

(c) If verification of employment is made separately pursuant to Env-Dw 502.05(h)(2), a responsible official shall sign and date the statement and print or type his or her name and title and the name of the employer.

(d) The applicant’s signature shall constitute certification by the applicant that:

(1) The information contained in or otherwise submitted with the document is true, complete, and not misleading to the best of the applicant’s knowledge and belief; and

(2) The applicant understands that:

a. The submission of false, incomplete, or misleading information constitutes grounds for the department to:

1. Deny the application;

2. Revoke any certification that is granted based on the information; and

3. If the applicant is a professional engineer, refer the matter to the board of professional engineers established by RSA 310-A:3; and

b. The applicant is subject to the penalties specified in New Hampshire law for falsification in official matters, currently RSA 641.

(e) Each signature provided pursuant to (b) or (c), above, shall constitute certification by the signer that the information provided by or being certified by the signer is true, complete, and not misleading to the best of the signer’s knowledge and belief.

Source. #12363, eff 8-19-17

Env-Dw 502.07 Examinations.

(a) The department shall administer written examinations to determine the knowledge, ability, and judgment of each applicant for operator certification as specified by RSA 332-E:5.

(b) If an applicant has successfully passed, in another jurisdiction, the examination that is administered by the department, the department shall accept the results of that examination in lieu of requiring the applicant to take the examination again in New Hampshire.

(c) No applicant shall be certified who does not successfully pass the examination, except that certificates of proper classification shall be issued without examination as specified in RSA 332-E:6, VI and RSA 332-E:7.

(d) An applicant who does not pass and who wishes to retake the examination shall submit a new application as specified in Env-Dw 502.04, including the fee as required by RSA 332-E:5, IV.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.05); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.05)

Env-Dw 502.08 Issuance of Certificates; Operator Obligation to Maintain Address.

(a) As specified in RSA 332-E:6, I, upon satisfactory fulfillment by an applicant of the requirements specified in RSA 332-E and Env-Dw 502, the department shall issue a certificate to the applicant that identifies the class of treatment plant or distribution system and level of operation for which the operator is qualified.

(b) An original certificate shall be valid through December 31 of the next odd-numbered year.

(c) As required by RSA 332-E:6, I, the certificate shall be prominently displayed in the office of the public water supply system. For purposes of this requirement, “prominently displayed” means readily visible to anyone entering the office, including anyone from the public.

(d) As specified in RSA 332-E:4, V, and subject to RSA 332-E:6, IV, a renewal certificate shall be effective for 2 years beginning January 1.

(e) Any operator holding an active certificate shall maintain a current mailing address with the department.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.06); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.06)

Env-Dw 502.09 Renewal of Certificates.

(a) As specified in RSA 332-E:6, II and III, certificates shall be renewable every 2 years unless:

(1) Revoked for cause pursuant to Env-Dw 502.11;

(2) Replaced by one of a higher grade; or

(3) Invalidated pursuant to RSA 332-E:6, IV.

(b) An operator who wishes to renew his or her certification shall submit to the department:

(1) The fee specified in (c), below; and

(2) Documents verifying completion of the courses required by Env-Dw 502.10.

(c) The renewal fee shall be $50 if the payment is made before expiration of the certification or within 30 days after expiration. As specified in RSA 332-E:4, VI, if the renewal fee is received more than 30 days after the certificate’s expiration date, the department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee.

(d) As specified in RSA 332-E:4, V, if the renewal fee is not submitted within 90 days after the certificate’s expiration date, the certificate shall be deemed expired.

(e) When a certificate is deemed expired per (d), above, the department shall issue notice to the certificate holder, sent to the mailing address last provided to the department, to notify him or her that the certificate is expired.

(f) The department shall issue a renewal certificate if it determines that the operator has applied for renewal as required by (b), above, and:

(1) No ground(s) for refusing to renew the certification, as specified in Env-Dw 502.09, are known to the department to exist for that operator; or

(2) Ground(s) for refusing to renew the certification exist, but reasonable conditions can be imposed to protect public health and safety and allow the operator to continue to work.

(g) If the department renews a certificate under (f)(2), above, it shall include conditions, such as additional training, increased supervision, or increased reporting, as are necessary to protect public health and safety.

(h) If the operator fails to apply for renewal within 3 months of the certificate expiration date, the operator shall apply for certification as specified in Env-Dw 502.04 and Env-Dw 502.05.

(i) As specified in RSA 332-E:6, V, the certificate of an operator who terminates employment in the water treatment or distribution field in New Hampshire shall be valid for 2 years after such termination and, unless renewed in accordance with these rules, shall automatically revert to an inactive status. Operators whose certificates are thus inactivated shall be issued new certificates of like classification on presentation of proof of competency to the department as specified in (j), below, and payment of the initial $50 fee.

(j) Proof of competency shall be as follows:

(1) Documentation that the applicant was certified at the comparable classification in another jurisdiction, together with documentation that the applicant has completed the number of contact hours that would be required for renewal as specified in Env-Dw 502.10;

(2) Documentation that the applicant has been engaged in public water system management, operation, design, or maintenance activities at a level that demonstrates competence at the classification level sought by the applicant; or

(3) If the applicant cannot meet (1) or (2), above, successful completion of a written examination.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.07); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.07)

Env-Dw 502.10 Technical Contact Hours Required for Certification Renewal.

(a) An operator applying for renewal shall complete the number of technical contact hours (TCHs) specified in Table 502-1, below, for each 2-year period:

Table 502-1: TCHs Required Per 2-Year Period

Grade	Treatment	Distribution
I-A	5	5
I	20	20
II	20	20
III	20	20
IV	20	20

(b) The number of required TCHs shall not be additive when an operator is certified in both treatment and distribution. For example, a grade I operator certified for both treatment and distribution shall require only 20 TCHs for the 2-year interval.

(c) A course shall consist of one or more classes that each have a minimum class length of 60 minutes not including breaks, equivalent to one TCH. Longer classes may be offered, with credit issued in increments of 0.5 hour for each additional 30 minutes.

(d) The following courses shall be credited as follows:

(1) One college credit in chemistry, mathematics, biology, engineering, or environmental science granted by an accredited college or university shall be equal to 15 TCHs;

(2) One continuing education unit (CEU) shall be credited as 10 TCHs;

(3) An introductory or advanced course on drinking water treatment and distribution offered by the department shall be credited as one TCH for each 60 minutes of instruction attended;

(4) A course approved pursuant to Env-Dw 502.26 shall be credited as one TCH for each 60 minutes of instruction attended; and

(5) The grade I-A course entitled “Small System Operation”, consisting of approximately 10 hours of instruction offered by the department, shall be equal to the number of hours attended, with a maximum total credit being 10 TCHs per 2-year period.

(e) An operator may apply to the department for credit for other waterworks seminars and education courses by submitting the following to the department in writing:

(1) A description of the course, including the material covered and the total amount of instruction time;

(2) Information about the institution offering the course to demonstrate that it meets the criteria in (g), below; and

(3) The credentials of each instructor.

(f) An operator may apply for credit for completing self-study educational packets by submitting the following to the department in writing:

(1) The actual text(s) used or a summary of the material covered;

(2) Information about the institution offering the course to demonstrate that it meets the criteria in (g), below; and

(3) The credentials of each individual providing critique of student work.

(g) The department shall give credit under (e) or (f), above, if the department determines that the course was completed and understood by the operator, and the course:

(1) Was offered by:

a. An organization that has been approved by the IACET as an authorized provider; or

b. An accredited college or university; or

(2) Meets the criteria specified in Env-Dw 502.29.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss by #9910, eff 4-19-11; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.08)

Env-Dw 502.11 Suspension, Revocation, or Refusal to Renew an Active Certificate.

(a) If the department receives information that provides a credible basis for concluding that good cause, as described in (f), below, exists to suspend or revoke an active certificate, the department shall proceed in accordance with RSA 332-E:9 and the provisions of RSA 541-A and Env-C 200 that apply to adjudicative proceedings.

(b) After proceeding in accordance with (a), above, the department shall:

(1) Revoke the certificate if it determines that the reason that good cause exists cannot be corrected to conform to applicable requirements and that revoking the certificate will provide greater protection to public health and safety than renewing the certificate; or

(2) Suspend the certificate, if it determines that the reason that good cause exists can be corrected to conform to applicable requirements.

(1) The reason that good cause exists has been corrected to conform with applicable requirements; and

(2) The operator submits a written request to the department for the certificate to be reinstated, which explains all of the actions taken to address the basis for the suspension.

(d) If after receiving a request for reinstatement of a certificate pursuant to (c)(2), above, the department receives information that provides a credible basis for concluding that good cause, as described in (f), below, exists to refuse to renew the certificate, the department shall proceed in accordance with (a), above.

(e) After proceeding in accordance with (a), above, based on (d), above, the department shall:

(1) Refuse to reinstate the certificate, if it determines that good cause exists that cannot be corrected to comply to applicable requirements and that not reinstating the certificate will provide greater protection to public health and safety than reinstating the certificate; or

(2) Reinstate the certificate, if it determines that under the totality of the circumstances, not reinstating the certificate will result in greater harm to public health and safety than reinstating the certificate.

(f) Good cause to suspend, revoke, or refuse to renew a certificate shall include the following:

(1) Failing to use care, judgment, and knowledge in the performance of the operator’s duties;

(2) Knowingly operating a water treatment plant or distribution system contrary to applicable requirements;

(3) Obtaining a certificate through fraud, deceit, or falsification;

(4) Submitting false or misleading information regarding any application for certification or renewal;

(5) Submitting false or misleading operational documentation relating to the performance and monitoring requirements of a public water system;

(6) Failing to submit required operational documentation to applicable regulatory agencies;

(7) Having a professional or occupational certification or license in any field from another certifying or licensing authority suspended, revoked, or refused renewal or reinstatement; and

(8) Failing to perform the operational duties specified in Env-Dw 502.25.

(g) Administrative appeals made by an applicant in response to decisions of the department in this section shall be heard by the water council under RSA 21-O:14.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.08); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.09)

Env-Dw 502.12 Complexity of Water Treatment Processes. Treatment complexity shall be determined by a point system, wherein the points are assigned based on factors such as system size, source of water, raw water quality and average variation, chemical treatment processes, disinfection, pH adjustments, corrosion control, clarification, filtration, and other processes as listed in Table 502-2, below:

Table 502-2: Assignment of Points for Treatment Processes

FACTOR	POINTS
A. System Size
1. Design flow average day, or peak month’s average day, whichever is larger	1 per 0.5 million gallons per day (MGD), to a maximum of 20
B. Water Supply Source
1. Seawater/Saltwater	0
2. Groundwater	0
3. Groundwater under the direct influence of surface water (GWI)	8
4. Surface water	10
C. Average Raw Water Quality Variation
1. Little or no variation - no treatment provided except disinfection	0
2. Minor variation - e.g. high quality surface source appropriate for slow sand filtration	1
3. Moderate variation in chemical feed, dosage changes made monthly	2
4. Moderate variation in chemical feed, dosage changes made weekly	3
5. Moderate variation in chemical feed, dosage changes made daily	4
6. Variation significant enough to require pronounced or very frequent changes, or both	5
7. Severe variation - source subject to non-point discharges, agricultural or urban storm runoff, or flooding, or any combination thereof	7
8. Raw water is subject to agricultural or municipal waste point source discharges, or both	8
9. Raw water is subject to industrial waste pollution	10
D. Raw Water Quality
1. Taste or odor, or both, for which treatment process adjustments are routinely made	2
2. Color >15 color units (CU) not due to precipitated metals	3
3. Manganese less than maximum contaminant level (MCL) with iron greater than MCL	2
4. Manganese greater than MCL, regardless of iron content	3
5. Algal growths for which treatment process adjustments are routinely made	3
E. Chemical Treatment or Addition Processes
1. Fluoridation	4
F. Disinfection/Oxidation
1. Hypochlorites not generated on-site	5
2. Hypochlorites generated on-site	6
3. Chlorine gas	8
4. Chloramination	8
5. Chlorine dioxide	10
6. Ozonization	10
7. UV Irradiation	2
8. Iodine, Peroxide, or similar	5
9. Potassium permanganate
a. Used without greensand filtration	4
b. Used with greensand filtration	0
G. pH Adjustment for Process Control to Aid Coagulation	4
H. Stability or Corrosion Control
1. Same chemical(s) not used for pH adjustment	4
2. Same chemical(s) used for pH adjustment	0
I. Coagulation/Flocculation & Filter Aid
1. Primary coagulant addition	6
2. Coagulant aid or flocculant chemical addition to primary coagulant use	2
3. Flocculation	2
4. Filter aid: addition of non-ionic or anionic polymers	2
J. Clarification/Sedimentation
1. Sedimentation with plain, tube, or plate	4
2. Contact adsorption	6
3. Other clarification processes such as air flotation or ballasted clarification	6
4. Upflow clarification	8
K. Filtration
1. Granular media filtration for surface water or groundwater under the direct influence of surface water ≤ 3 gpm/sq ft	10
2. Granular media filtration for surface water or groundwater under the direct influence of surface water > 3 gpm/sq ft	20
3. Groundwater filtration	6
4. Membrane filtration
a. For compliance with a primary regulation	10
b. For compliance with a secondary regulation	6
5. Diatomaceous earth as pre-coat filtration	10
6. Cartridge or bag	5
7. Pre-filtration staged cartridges or pressure sand without coagulation	1 per stage to a maximum of 3
8. Slow sand	5
L. Other Treatment Processes
1. Aeration	3
2. Air stripping, including diffused air, packed tower aeration	5
3. Ion-exchange/softening	5
4. Greensand filtration	10
5. Lime-soda ash softening which includes chemical addition, mixing, flocculation, clarification or filtration, provided that points shall not be added for these processes separately	20
6. Granular activated carbon filter, provided that points shall not be added when included as a bed layer in another filter	5
7. Powdered activated carbon	2
8. Blending sources with significantly different water quality
a. To achieve MCL compliance	4
b. For aesthetic reasons	2
9. Reservoir management employing chemical addition	2
10. Electrodialysis	15
11. Other - as determined pursuant to Env-Dw 502.13	maximum of 20
M. Residuals Disposal
1. Discharge to sewer or equivalent	0
2. On-site disposal, land application	1
3. Discharge to lagoon/drying bed, with no recovery/recycling	1
4. Backwash recovery or recycling to discharge to basin or lagoon and then to source	2
5. Backwash recovery or recycling to discharge to basin or lagoon and then to plant intake	3
N. Facility Characteristics
1. Instrumentation - use of Supervisory Control and Data Acquisition (SCADA) or similar instrumentation to obtain data
a. Monitoring or alarm only with no process operation if the plan has no automated shutdown capability	0
b. Limited process operation with remote shutdown capability	1
c. Moderate process operation with alarms and shutdown and plus partial remote operation of plant	2
d. Extensive or total process operation with alarms and shutdown and full remote operation of plant possible	4

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.10)

Env-Dw 502.13 Unspecified Treatment Processes.

(a) Any person wishing to add points to a treatment system for a process not specified in Table 502-2 shall provide the following information to the department in writing:

(1) The name, mailing address, and daytime telephone number of the person making the request and, if available, the person’s e-mail address;

(2) If the requestor is other than an individual, the name and daytime telephone number of an individual representing the requestor for purposes of the request and, if available, the individual’s e-mail address;

(3) The name and physical address of the plant at which the treatment process for which points are sought is being used or is proposed to be used;

(4) An explanation of the treatment process in sufficient detail to allow the department to make an independent assessment of the complexity of the process; and

(5) The number of points sought for the treatment process.

(b) The department shall assign points to treatment processes not specified in Table 502-2 in response to a request submitted pursuant to (a), above, if the department determines that the treatment process being reviewed is not otherwise accounted for in Table 502-2 and:

(1) Improves the quality of the water being distributed;

(2) Lowers the cost of providing water that meets all applicable water quality standards; or

(3) Both (1) and (2), above, apply.

(c) The department shall assign a maximum of 20 points to the treatment process in direct proportion to the complexity of the treatment process and degree of skill required for its successful operation.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.11)

Env-Dw 502.14 Classification of Water Treatment Systems.

(a) Treatment systems shall be classified into 5 grades based on the complexity of the treatment processes at the system, ranging from grade I-A, the least complex, to grade IV, the most complex.

(b) Treatment system grade shall be determined by summing the points of the treatment processes as assigned under Env-Dw 502.12 and then using Table 502-3, below:

Table 502-3: Grades of Water Treatment Plant Complexity

Grade	Point Total	Other Limitations
I-A	< 16	CWS serving <500 people or having < 200 service connections, without fire protection
I-A	< 16	NTNC without fire protection
I	0-30	Excluding I-A systems
II	31-55	None
III	56-75	None
IV	≥76	None

(c) For purposes of certification, a groundwater source with no treatment whatsoever shall be considered to be a distribution system and not a treatment plant.

(d) For any water system having multiple treatment facilities in different locations, each location or facility shall be graded independently and the highest grade shall be the classification for the overall system.

(e) Each treatment process shall have points assigned only once. If a process could be classified under more than one factor and the factors have different points, the higher point value shall be used.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.12)

Env-Dw 502.15 Adjustments to Treatment Plant Classification.

(a) If the department concludes that the classification resulting from Env-Dw 502.14 does not accurately reflect the complexity of plant operations and the degree of skill required for its successful operation, the department shall adjust the classification as follows:

(1) If the plant is more complex or if a higher degree of skill is required for successful operation, the department shall increase the plant classification by one grade, subject to the limitation that grade IV is the highest grade; and

(2) If the plant is less complex or if a lower degree of skill is required for successful operation, the department shall decrease the plant classification by one grade, subject to the limitation that grade I-A is the lowest grade.

(b) The determination to raise or lower the classification of a plant shall be based on inconsistency with other similar plants and public health and safety concerns.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.13)

Env-Dw 502.16 Classification of Water Distribution Systems. The department shall classify water distribution systems into one of 5 grades based on the population served, as specified in Table 502-4, below:

Table 502-4: Grades of Water Distribution System Complexity

Grade	Population Served (# people unless otherwise noted)	Other Limitations
I-A	< 500 or < 200 service connections	CWS without fire protection
I-A	Any number	NTNC without fire protection
I	≤ 1,500	Excluding I-A systems
II	1,501 – 15,000	None
III	15,001 - 50,000	None
IV	≥ 50,001	None

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.10); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.14)

Env-Dw 502.17 Adjustments to Distribution System Classification.

(a) If the department concludes that the classification resulting from Env-Dw 502.16 does not accurately reflect the complexity of the distribution system and the degree of skill required for its successful operation, the department shall adjust the classification as follows:

(1) If the system is more complex or if a higher degree of skill is required for successful operation, the department shall increase the system classification by one grade, subject to the limitation that grade IV is the highest grade; and

(2) If the system is less complex or if a lower degree of skill is required for successful operation, the department shall decrease the system classification by one grade, subject to the limitation that grade I-A is the lowest grade.

(b) The determination to raise or lower the classification of a distribution system shall be based on inconsistency with other similar distribution systems and public health and safety concerns.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.15)

Env-Dw 502.18 Grades of Operators.

(a) Operators shall be classified into 5 grades to parallel the classification of treatment and distribution systems described in Env-Dw 502.14 and Env-Dw 502.16.

(b) An operator may operate a treatment plant or distribution system of the same grade or lower than the operator’s certified grade.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.11); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.16)

Env-Dw 502.19 Operator Qualifications. To qualify to take the examination to become certified, the applicant shall:

(a) Be capable of satisfactorily performing his or her intended duties relative to the size and complexity of a water treatment plant or distribution system typical of those of the grade for which the applicant is applying;

(b) Be able to read and write in the English language; and

(c) Submit evidence of the minimum number of years of education and experience for the desired operator grade, as specified in Env-Dw 502.20 and Env-Dw 502.21.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.12); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.17)

Env-Dw 502.20 Minimum Education and Experience Requirements for Operators.

(a) Subject to (b), below, and the substitutions allowed under Env-Dw 502.22, an individual seeking to become certified at a particular grade level shall have not less than the minimum education and operating experience specified in table 502-5, below, for that grade level:

Table 502-5: Minimum Education and Experience Requirements Per Grade Level

Grade	Minimum Education	Minimum Operator Experience
I-A	High school diploma or high school equivalency certificate (HSE certificate)	6 months of operator experience or completion of the “Small System Operation” course as specified in Env‑Dw 502.10(d)(5)
I	High school diploma or HSE certificate	one year
II	High school diploma or HSE certificate	3 years
III	High school diploma or HSE certificate and 2 years of post‑secondary education as specified in Env-Dw 502.21	4 years
IV	High school diploma or HSE certificate and 4 years of post‑secondary education as specified in Env-Dw 502.21	6 years

(b) At least 50 percent of experience requirements shall be actual operating experience in a plant or system classified at no more than one grade below the grade for which the applicant is applying.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.18)

Env-Dw 502.21 Post-Secondary Education.

(a) Subject to (c) and (d), below, post-secondary education shall:

(1) Be obtained at any public or private school that is accredited by the state in which the school is located to offer education beyond the high school level, including but not limited to an accredited college, university, community college, or technical institute; and

(2) Have a concentration in environmental engineering, civil engineering, environmental sciences or related fields.

(b) For post-secondary education, 30 semester hours shall be equivalent to 45 quarter hours which shall be equivalent to one year.

(c) Continuing education units (CEUs), including but not limited to specialized operator training courses, seminars, and related college courses, may be used to satisfy post-secondary education requirements.

(d) For CEUs identified in (c), above:

(1) 10 classroom hours of courses as specified in Env-Dw 502.10(c), (d), or (e) shall be equivalent to one CEU; and

(2) 45 CEUs shall be equivalent to one year of post-secondary education.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.19)

Env-Dw 502.22 Allowable Substitutions for Education and Experience.

(a) An applicant may request the department to:

(1) Accept experience that exceeds the minimum required as a substitution for required education as described in (d) through (f), below; or

(2) Accept education that exceeds the minimum required as a substitution for required experience as described in (g), below.

(b) The applicant shall request the substitution by checking the appropriate box on the application form required by Env-Dw 502.04 and providing an explanation of the desired substitution with supporting documentation.

(1) For education, transcripts from post-secondary institutions or certification from the provider of satisfactory course completion for all other education and training; and

(2) For experience, certification from the employer of the dates of the applicant was employed, the number of hours the applicant worked per week, and the duties performed by the applicant.

(d) The department shall approve a request to substitute experience for required education for an applicant for a Grade I-A operator certification if:

(1) The applicant scores 80% or higher on the examination; and

(2) The applicant’s intended employer agrees to the substitution based on the duties of the position being compatible with the applicant’s demonstrated level of training, knowledge, and experience.

(e) Subject to (f), below, the department shall approve a request by an applicant for grade III or grade IV certification to substitute 1.5 years of responsible charge experience at the operator level for one year of post-secondary education to a maximum of one year credit for grade III and 2 years credit for grade IV.

(f) The department shall approve an additional 5 years of responsible charge experience as a substitution for the remaining post-secondary education requirement for grade III and grade IV, provided:

(1) The experience is at a treatment plant or distribution system classified at the level of certification applied for; and

(2) The applicant’s supervisor certifies the experience as noted in (c)(2), above.

(g) The department shall approve a substitution of one year of post-secondary education for one year of operator experience, not to exceed 50 percent of the experience requirement.

(h) Education, training, or experience used in substitution shall not be used to meet any other education or experience requirements.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.19)

Env-Dw 502.23 Operator-in-Training (OIT).

(a) An applicant may become an operator-in-training (OIT) at a grade I, grade II, or grade III certification level without having the experience required by Env-Dw 502.20 only in accordance with this section.

(b) The department shall allow an applicant for grade I OIT status to take the grade I examination without proof of prior experience.

(c) The department shall allow an applicant for grade II OIT status or grade III OIT status to take the corresponding examination if the applicant submits to the department evidence of education or experience in technical fields other than water treatment or distribution, as follows:

(1) For grade II OIT, one year of experience shall be required; and

(2) For grade III OIT, 2 years of experience shall be required.

(d) The department shall designate the applicant as an OIT upon the applicant’s passing the examination.

(e) Upon the applicant’s submitting evidence that the applicant has completed the experience as specified in Env-Dw 502.20, the department shall:

(1) Terminate the applicant’s designation as an OIT; and

(2) Issue a certificate in accordance with Env-Dw 502.08(a).

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.13); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.20)

Env-Dw 502.24 Responsibilities of Water System Owners.

(a) The owner of a CWS or NTNC shall:

(1) Comply with RSA 485 and the rules in subtitle Env-Dw;

(2) Designate a certified operator with an active certificate as the primary water system operator, to be responsible for the duties specified in Env-Dw 502.25 except as provided in (b), below;

(3) Have a certified operator with an active certificate available whenever the system is in operation;

(4) Ensure that any operating personnel making process control decisions about water quality or quantity is a certified operator with an active certificate;

(5) Notify the department in writing within 10 days of a change in the designated primary operator;

(6) Ensure that any persons performing maintenance or construction work on the water system or system components have the applicable licenses or certifications; and

(7) Comply with the wellhead protection program required by Env-Dw 305 and other source water protection requirements as applicable.

(b) The owner of a Grade I-A water system shall not be required to delegate the operational duties specified in Env-Dw 502.25(a)(8) to the system’s certified operator.

(c) The water system owner shall make the designation required by (a)(2), above, in writing and submit a copy to the department.

(d) The owner of a privately owned redistribution system shall comply with the requirements of (a)(2)-(6) and (c), above.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.14); amd by #9659, eff 2-24-10; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.21)

Env-Dw 502.25 Operational Duties of a Primary Water System Operator.

(a) The primary water system operator designated pursuant to Env-Dw 502.24(a)(2) shall:

(1) Conduct routine inspections of the water system in accordance with Env-Dw 503.15 and Env-Dw 503.16;

(2) Oversee operation and maintenance of the water system to maintain the safety and reliability of water service by ensuring that repairs and improvements are performed properly and in a timely manner, or, in the alternative, notifying the owner in writing of the need for such repairs and improvements;

(3) Be knowledgeable in all operational aspects of the water system;

(4) Have supervisory authority, including supervision of operating personnel, where applicable;

(5) Oversee all chemical monitoring, bacterial monitoring, and other monitoring required by Env-Dw 700;

(6) Attend any sanitary surveys conducted by state personnel;

(7) Conduct all reporting necessary in order for the water system to comply with the applicable requirements of Env-Dw 304 and Env-Dw 700;

(8) Keep complete and accurate water system records as required by Env-Dw 718;

(9) Be available to water system representatives and to the department during normal business hours;

(10) Investigate any suspected water system impairment described in Env-Dw 503.02(a); and

(11) Notify the department of any known water system impairment as specified in Env-Dw 503.02(b).

(b) The primary water system operator shall communicate any regulatory non-compliance issues to the owner of the water system and, if the owner has designated a manager for the water system, to the manager.

(c) The primary water system operator may delegate any duties specified in (a)(1) or (a)(5)-(8), above, to other individuals as allowed by the water system owner or manager, provided that the responsibility for execution of these duties remains with the primary water system operator.

Source. #9910, eff 4-19-11; ss by #12363, eff 8-19-17 (formerly Env-Dw 502.22)

Env-Dw 502.26 Approval of Training Providers and Courses.

(a) Any individual or entity, such as a business or professional organization, seeking approval to provide one or more courses for drinking water operator certification renewal shall submit a request for approval as specified in Env-Dw 502.28 in writing to the department at least 30 days prior to the first date the training will be offered.

(b) Within 30 days of receipt of a complete request for approval, the department shall:

(1) Approve the request, if the request demonstrates that the criteria of Env-Dw 502.29 have been met; or

(2) Deny the request, if the request does not demonstrate that the criteria of Env-Dw 502.29 have been met.

(c) The department shall notify the individual identified pursuant to Env-Dw 502.28(a) in writing of the decision. If the request is denied, the notice shall specify the reason(s) for the denial.

(d) The department shall maintain a list of training providers and courses that have been approved pursuant to this section. Such list shall be provided to any person who requests the list.

(e) A provider shall allow a representative of the department to attend any training session approved pursuant to this section for evaluation purposes without a registration charge. Failure to allow such access shall result in the withdrawal of the training’s approval.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.13); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.23)

Env-Dw 502.27 Approval for Multiple Offering of Same Course.

(a) If a provider wishes to offer a course for which approval is sought 2 or more times, the request submitted pursuant to Env-Dw 502.26(a) shall so state.

(b) If the course is approved pursuant to Env-Dw 502.26, the provider may present the course multiple times within a 2-year period.

(c) If the provider wishes to continue to present the course after the 2-year period has concluded, the provider shall submit a new request for approval.

Source. (See Revision Note at part heading for Env-Dw 502) #9410, eff 3-12-09 (formerly Env-Ws 367.13); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.23(d))

Env-Dw 502.28 Contents of Request for Approval. A request for approval submitted pursuant to Env-Dw 502.26(a) shall include the following:

(a) The name, mailing address, and daytime telephone number of the individual submitting the request and, if available, an e-mail address for that individual;

(b) If the request is being submitted on behalf of an entity, the name, address, and telephone number of such entity and, if available, the URL of the entity’s web site;

(1) A course outline that identifies the intended audience by subject matter and professional level;

(2) The training objectives of the course;

(3) Each topic to be presented and the time allotted for each topic;

(4) Whether TCH(s) will be awarded for successful completion of each topic or only for the course as a whole, and the number of TCH(s) to be awarded;

(5) A list of all instructional materials to be used in the course and, for each item, the name of the individual or entity that prepared the item, the year the item was prepared, and a summary of what the item covers;

(6) The name, mailing address, daytime telephone number, and background information or résumé of each instructor, presenter, and subject matter expert who developed the course;

(7) An explanation of how each participant will be determined to have met the requirement(s) for satisfactory completion of the course as specified in Env-Dw 502.29(e);

(8) A sample of the certificate of completion to be issued to participants who satisfactorily complete the course; and

(9) A copy of any evaluation form that will be used to obtain feedback from participants regarding the quality of the course;

(d) A list of the date(s) on which training will be offered and the location(s) at which the course will be presented; and

(e) An explanation or certification that the proposed training provider or course, as applicable, meets the applicable criteria specified in Env-Dw 502.29.

Source. #9910, eff 4-19-11); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.24)

Env-Dw 502.29 Criteria for Approval of Training Providers and Courses.

(a) A request for approval of a drinking water operator certification renewal training provider or course, or both, shall be approved only if the applicable criteria listed in (b) through (l), below, are met.

(b) If the training provider is an entity, the entity shall have an individual or organizational unit within the entity that has responsibility for developing and conducting training courses and issuing TCHs.

(d) Each instructor or presenter shall, for each course or topic that the individual will be presenting:

(1) Have a clear understanding of the training objectives and how they are to be achieved; and

(2) Be capable of effectively imparting that information to the participants.

(e) Satisfactory completion of the course or of a topic, if TCHs will be awarded by topic, shall be determined by one of the following:

(1) Attendance at no less than 90% of the training time of the course or topic, as applicable, as measured and documented by attendance rosters or sign-in sheets;

(2) Performance, as measured by an assessment of each attendee’s understanding of the material presented in the course or topic, as applicable, whether done orally, in writing, or by a practical demonstration of skills, as appropriate to the subject matter and the professional level of the intended audience; or

(3) A combination of attendance as specified in (1), above, and performance as specified in (2), above.

(f) TCHs shall be issued based on actual training time, exclusive of breaks, meals, and introductory or welcoming remarks.

(g) TCHs shall be awarded only upon satisfactory completion of a course or topic, as applicable, as determined pursuant to (e), above.

(h) The certificate of completion issued to the attendees shall contain the following information:

(1) The attendee’s name;

(2) The name of course or topic, as applicable;

(3) The number of TCHs awarded;

(4) The date the course was held;

(5) The name of the sponsoring or sanctioning organization, if applicable;

(6) The name of individual within the organization who is responsible for the course; and

(7) The name of organization issuing certificate and keeping the records, if different from the sponsoring organization.

(i) The certificate of completion may include such other information as the issuing provider wishes to include.

(j) The issuing provider shall maintain a record for each course that contains the following information:

(1) The name of the course;

(2) The number of TCH(s) awarded;

(3) The course code, if applicable;

(4) The date and time the course was held;

(5) The location of the course;

(6) The name of each course instructor or presenter; and

(7) The name of each attendee, and, if available, the attendee’s certified operator number.

(k) The issuing provider shall:

(1) Maintain the records required by (j), above, for no less than 5 years from the date of the training; and

(2) Provide access to the records to department staff upon request.

(l) All advertisements of the course made by the provider shall include:

(1) A description of the course;

(2) The requirements for satisfactory completion of the course; and

(3) The number of TCH(s) that will be awarded upon satisfactory completion of the course.

Source. #9910, eff 4-19-11); ss by #12363, eff 8-19-17 (formerly Env-Dw 502.25)

PART Env-Dw 503 PUBLIC WATER SYSTEM GENERAL OPERATIONAL REQUIREMENTS

Revision Note:

Document #10465, effective 12-2-13, readopted with amendments and renumbered former Part Env-Ws 360, entitled General Operational Requirements of a Public Water System, under a new subtitle as Part Env-Dw 503 entitled Public Water System General Operational Requirements. 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 #10465 replaces all prior filings for rules formerly in Env-Ws 360. The prior filings for rules in former Env-Ws 367 include the following documents:

#4850, eff 6-25-90

#5422, eff 6-22-92

#5873, eff 7-26-94

#6521, eff 6-4-97

#7673, eff 4-6-02

#8360, INTERIM, eff 6-4-05

#8475, eff 11-30-05

Env-Dw 503.01 Owner Liability. The owner of a public water system (PWS) may delegate any responsibility imposed by this part to another person, subject to the limitations specified herein. Such delegation shall not relieve the owner from liability for non-compliance with these requirements.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 503.02 Responsibilities of the Owner of a PWS.

(a) The owner of a PWS shall comply with RSA 485 and the rules in subtitle Env-Dw.

(b) The owner of a community water system (CWS) or non-transient non-community water system (NTNC) shall:

(1) Designate a certified operator with an active certificate as the PWS operator, to be responsible for the duties specified in Env-Dw 502.25 and available when the PWS is in operation except as provided in (c) below;

(2) Ensure that any operating personnel making process control decisions about water quality or quantity is a certified operator with an active certificate;

(3) Ensure that any persons performing maintenance or construction work on the PWS or PWS components have the applicable licenses or certifications; and

(4) Comply with the wellhead protection program required by Env-Dw 302, Env-Dw 305, and other source water protection requirements as applicable.

(c) The owner of a grade I-A water system, as classified in Env-Dw 502.14, may delegate the operational duties specified in Env-Dw 502.25(a)(8) to the system’s certified operator.

(d) The owner of a PWS shall submit to the department, a copy of the designation specified in (b)(1) above.

(e) The owner of a privately owned redistribution system (PORS) shall comply with the requirements of (b)(1)-(4) and (d) above.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 503.03 Required Information.

(a) The owner of a new PWS or a new owner of an existing PWS shall provide the following information to the department:

(1) Name and location, including the street address and map and lot number(s) of the propert(ies) that contain(s) the water supply source(s), of the system; and

(2) The information required in (b) below for each of the following individuals or entities:

a. The owner's name;

b. The owner’s contact person, if different from the person specified in (a)(2)e. below;

c. If applicable, the owner’s representative;

d. If applicable, the primary certified operator designated in accordance with Env-Dw 503.02(b);

e. The sampling agent, if different from the person specified in (a)(2)f. below; and

f. If applicable, the emergency designee as required in Env-Dw 503.04.

(b) The notice provided pursuant to (a)(2) above, shall include the name of each individual or entity, mailing address, daytime telephone number, emergency telephone number, and the email address that the person uses for the PWS’s business.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 503.04 Designation of Emergency Operator or Emergency Contact.

(a) The owner of a CWS shall designate another person to take charge of the system in the event that an emergency occurs during the owner or primary operator’s absence.

(b) For CWSs serving 1,000 or more people, the designee shall be a certified operator.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.03)

Env-Dw 503.05 Notice of Change of in Personnel Information. Within 5 working days the owner of a PWS shall notify the department whenever a change to the information provided pursuant to Env-Dw 503.03 occurs.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 503.06 Notice of Change of System PWS Ownership.

(a) The following notifications shall be made whenever ownership of a PWS is transferred, whether by sale, gift, bequest, or any other transaction:

(1) The person who is transferring ownership shall notify the department of the impending transfer no less than one month before the anticipated date of transfer; and

(2) The person who is becoming the owner of a PWS shall notify the department of the actual transfer within 5 working days after its occurrence.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 503.07 Request for Updates.

(a) The owner of a PWS shall, upon request of the department, provide:

(1) A description of the PWS’s existing facilities;

(2) The status of current operations; and

(3) If available, information regarding planned capital improvements and expansion.

(b) The department shall request such updates whenever the department receives information which indicates that the information on file with the department is not current.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.06)

Env-Dw 503.08 Method of Delivery for Required Notifications and Updates. The owner of a PWS shall:

(a) Provide the notice required by Env-Dw 503.02(d), and Env-Dw 503.03 through Env-Dw 503.07, by email or, if email is not feasible, by postal mail, messenger, hand, or other means of delivery; and

(b) Follow up to confirm delivery, if the method of delivery does not automatically provide confirmation.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 503.09 Operations and Maintenance Manual.

(a) Each PWS shall have an operations and maintenance manual as described in (e) below.

(b) For a new PWS, where the original owner of the PWS develops the PWS but then transfers ownership to a new owner, the original owner shall provide an operations and maintenance manual as specified in (e) below, to the new PWS owner prior to the start-up date of the PWS.

(c) The operations and maintenance manual shall be subject to inspection at the time of the final certified inspection pursuant to Env-Dw 404, Env-Dw 405, or Env-Dw 406, as applicable.

(d) The owner of a PWS shall maintain a copy of the current operations and maintenance manual on-site at the PWS until it is replaced with an updated edition.

(e) The operations and maintenance manual shall include:

(1) A description of how the PWS functions;

(2) Performance specifications and a description of each PWS component;

(3) A description of the maintenance action and frequency of maintenance required for each equipment component; and

(4) Maintenance logs on which the date and type of maintenance activity performed shall be recorded.

(f) The operations and maintenance manual shall be updated whenever:

(1) A new facility, source, storage tank, pressure boosting or reducing station, vault, treatment process, or other PWS component requiring periodic maintenance is added to the PWS; or

(2) Modifications to the facility, source, storage tank, pressure boosting or reducing station, treatment process, or other PWS component requiring periodic maintenance render the existing manual obsolete.

(g) The owner of the PWS shall:

(1) Make the manual available to the department for review during any inspections; and

(2) If requested by the department, provide a copy of the manual to the department.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.07)

Env-Dw 503.10 CWS Rules.

(a) Subject to (b) below, each CWS owner shall develop written rules that address:

(1) Criteria relating to the extension of service to areas or customers not already served by the CWS, such as types and diameters of pipes and other components of the CWS;

(2) Billings and payments and other user requirements, such as whether water conservation fixtures or practices are required, conditions or activities that are prohibited because they could contaminate the water supply for the CWS, and penalties for failing to abide by the policies; and

(3) The definition of “non-essential demand,” including but not limited to, irrigation and the filling of swimming pools.

(b) If the CWS owner is a political subdivision and its local legislative body does not vote to approve funding for the development of written rules and the development of such rules is not fully funded by the state, the department shall not require the rules to be developed by that political subdivision.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 503.11 PWS Operational and Maintenance Inspection Frequency.

(a) The owner of a PWS shall inspect the PWS in accordance with the following:

(1) Treatment processes with mechanical chemical addition or processes treating bacteria, nitrate, or nitrite shall be inspected at least once every 7 days;

(2) Treatment processes without mechanical chemical addition shall be inspected at least once every 30 days;

(3) Source pumping stations and booster stations with no treatment shall be inspected at least once every 30 days;

(4) Water storage facilities with no treatment shall be inspected at least once every 30 days;

(5) Facilities such as pressure reducing vaults and air release valves shall be inspected at least once every 6 months; and

(6) Surface water filtration facilities shall be inspected each day.

(b) The owner of a PWS who wishes to reduce the inspection frequencies specified in (a) above shall request a reduction of the inspection frequencies by filing by email a written request to the department that includes:

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

(2) The type of contaminant being treated;

(3) The level of equipment duplication and backup;

(4) The level of remote surveillance or monitoring;

(5) The proposed inspection frequency;

(6) Whether the reduction is requested for a fixed or indefinite period of time; and

(7) Alternative methods of ensuring the continued integrity of the PWS and water quality, such as staffing levels or capabilities that provide increased routine scrutiny of the equipment or processes for which the reduction is sought.

(c) If email is not feasible, the owner may submit the request specified in (b) above by postal mail, messenger, hand, or other means of delivery.

(d) The department shall approve a reduced inspection frequency if the request demonstrates that the reduced frequency will not jeopardize the continued integrity of the PWS or the quality of water delivered to consumers.

(e) If the department approves a reduced inspection frequency, the approval shall include such conditions as the department determines are reasonably necessary to ensure that the criteria specified in (d) above, are met.

(f) If the department determines that a previously-approved reduced inspection frequency is jeopardizing the continued integrity of the PWS or the quality of water delivered to consumers, the department shall initiate an action to suspend or revoke the approval in accordance with RSA 541-A and the provisions of Env-C 200 applicable to adjudicative proceedings.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 503.12 Conduct and Review of Inspections.

(a) The owner of a PWS may delegate the responsibility to conduct the inspections required by Env-Dw 503.11(a) as follows:

(1) The individual conducting the inspection shall have knowledge of the facilities and functions requiring action or maintenance; and

(2) The individual performing the inspections specified in Env-Dw 503.11(a)(5) and (6) shall be a certified operator.

(b) The certified operator of a CWS or NTNC shall determine the specific functions to be accomplished at the inspections required by Env-Dw 503.11(a).

(c) For any CWS or NTNC, if the inspections required by Env-Dw 503.11(a) are not performed by a certified operator, a certified operator shall inspect the system and review the inspection records required by Env-Dw 503.13(a) on the following schedule:

(1) Treatment processes with mechanical chemical addition or processes treating bacteria, nitrate, or nitrite, at least once every 30 days;

(2) Treatment processes without mechanical chemical addition, at least once every 90 days;

(3) Source pumping stations and booster stations with no treatment, at least once every 90 days; and

(4) Water storage facilities with no treatment, at least once every 90 days.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.16)

Env-Dw 503.13 Required Records of Inspections, Repairs, Maintenance, and Operations, Including Production and Treatment Logs.

(a) The owner of a PWS shall keep a record on paper or in electronic format of each inspection, including the following:

(1) Time and date of the inspection;

(2) Name of the individual performing the inspection;

(3) General facility and equipment conditions at the time of the inspection;

(4) If available, the individual water source meter readings, pump run time meter readings, well level transducer readings, total production meter readings, and the operational parameters of all treatment processes at the time of any inspection required by Env-Dw 503.11, including:

a. The chemical(s) that are being used;

b. The total quantity of each chemical used;

c. A description of each analytical test being used to monitor the treatment process(es) and all test results; and

d. The total gallons of water treated, if metered data is required or available; and

(5) Each operation and maintenance (O&M) task performed that might affect the quality or sufficiency of supply, including the following:

a. Time and date of the task;

b. Name and company affiliation of the individual administering the task; and

c. Description of conducted O&M activities.

(b) The records required by (a) above shall be available for review by the department.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 503.14 Available Sources of Water.

(a) A PWS shall use only the source(s) of water identified to the department and approved, to the extent such approval was required at the time the source was activated.

(b) Before introducing water to the distribution system from any supplemental well that meets the criteria of (a) above, the owner of a PWS shall verify the absence of coliform bacteria from the introduced water.

(c) No PWS shall introduce water from a new source that has not been approved by the department pursuant to the applicable provisions of Env-Dw 300.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.22)

Env-Dw 503.15 Evaluation of Water Supply Adequacy Required. The owner of a PWS shall review, periodically as needed, the sources and treatment of the water supply in relationship to customer demand, for the purpose of ensuring that the PWS can meet its obligations to customers.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.18)

Env-Dw 503.16 Short-Term Water Supply Inadequacies.

(a) Whenever it appears that demand will exceed supply on an emergency or short-term basis, the owner of the PWS shall take appropriate action(s) to reduce nonessential demand.

(b) Whenever a drought is declared in the region of the PWS, the owner of the PWS shall take such action(s) as the owner deems necessary to reduce nonessential demand.

(c) Reduction of demand shall be considered as an emergency response achievable by directive from the PWS to its customers.

(d) The owner of a PWS shall inform the department of any action(s) taken or directed to reduce customer demand on a short-term or emergency basis within 3 working days of taking or directing such action(s).

(e) If a water shortage necessitating the reduction of nonessential demands occurs on an annual basis, the shortage shall not be considered an emergency situation that can be addressed under this section.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.19)

Env-Dw 503.17 Long-Term Water Supply Inadequacies.

(a) If demand exceeds supply for more than 30 days, the owner of the PWS shall:

(1) Implement water use restrictions;

(2) Inform the department in writing of any actions taken or directed to restrict customer demand within 3 days;

(3) Submit a plan, in writing, to permanently correct the problem to the department within 60 days; and

(4) Implement corrective actions as approved by the department pursuant to (d) below.

(b) The plan required by (a)(3) above, shall include one or more of the following, as appropriate to the cause(s) of the shortage:

(1) Development of additional water supply source(s);

(2) Implementation of a leak detection plan;

(3) Implementation of a water conservation plan; or

(4) Other actions as deemed necessary.

(c) In addition to developing the plan required by (a)(3) above, the owner of the PWS may take action to modify long term demand by:

(1) Adjusting water rates;

(2) Installing customer service water meters;

(3) Requiring installation of water conservation devices; or

(4) Taking other actions such as described in Env-Wq 2101 relative to water conservation.

(d) The department shall:

(1) Review the plan submitted pursuant to (a)(3) above within 30 days of receiving the plan; and

(2) Approve the corrective action(s) in the plan if the department determines that the corrective action(s) are likely to address the cause(s) of the shortage.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.20)

Env-Dw 503.18 Notice of Planned Outages.

(a) Subject to (b) below, the owner of a PWS shall notify affected customers at least 2 days in advance of scheduled maintenance activities that are likely to result in the interruption of service to customers.

(b) If planned maintenance is unexpectedly rescheduled for reasons beyond the control of the PWS owner or if a service interruption occurs during scheduled maintenance activities that were not anticipated to result in the interruption of service, the owner shall provide as much advance notice as is practicable under the circumstances.

(c) For a PWS serving fewer than 100 individuals, regardless of the number of customers, the notice required by (a) above, shall be in writing and be delivered by first class mail, e-mail, or hand-delivery to each home or business served by the PWS.

(d) For a PWS serving 100 or more individuals, regardless of the number of customers, the notice required by (a) above, shall be delivered by one or more of the following methods, at the election of the PWS owner:

(1) In writing and delivered by first class mail, email, or hand-delivery to each home or business affected by the planned activities;

(2) Other electronic means such as reverse 911 telephone service; or

(3) Published in a newspaper of general circulation for the area served by the PWS, provided that when newspaper publication is used, the notice shall be published at least twice with the final required publication at least 2 days before the anticipated beginning of work.

(e) If the PWS has a website, the owner shall supplement the notice provided pursuant to (c) or (d) above, by posting a notice on the PWS’s website.

(f) If the PWS serves only a residential community with 100 or more service connections and elects to use newspaper notice, the system owner shall also notify, by first class mail, e-mail, or hand-delivered written notice, any affected owners’ association that exists for the community.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.12)

Env-Dw 503.19 Notification of Impairment.

(a) The owner of a PWS classified in Env-Dw 401 as a CWS or NTNC shall:

(1) Notify the department as specified in (a)(2) below, within 24 hours after discovery of any impairments or disruptions that reduce the PWS’s ability to continue delivering safe drinking water, including the following:

a. Actual or suspected tampering, sabotage, security breach, or any suspicious incident at the water system;

b. Damage to or depletion of the source of the supply or water system facilities which impairs the quality or sufficiency of the supply;

c. Interruption of service of a pressure zone, or the entire water system due to an extended power outage, line break, or other event that causes a disruption of the ability of the PWS to continue delivery of safe drinking water;

d. Inability to obtain chemicals required to operate the treatment system due to supply chain issues; or

e. Staff shortages; and

(2) Provide the notice to the department required by (a)(1) above by telephone, email, or other available means of confirmable, rapid communication.

(b) Subject to (d) below, if the impairment is anticipated to last more than 48 hours, the system owner specified in (a) above shall notify affected customers within 48 hours of the impairment of:

(1) What the impairment is;

(2) The corrective actions taken or planned; and

(3) The expected timeframe for resolution.

(1) Using reverse-911 or similar automated mechanism for contacting customers, if available; or

(2) In writing, if the water system does not have reverse 911 or other automated mechanism for contacting customers; and

(3) Providing a copy of the recorded or written notice to the department within 30 days of providing the notice to customers.

(d) If the PWS owner specified in (a) above is a political subdivision and its local legislative body has not voted or does not vote to approve funding for the notification required by (b) above, and the notification is not fully funded by the state, the owner shall not be required to provide the notice.

(e) In addition to (a) through (d) above, the owner of a CWS shall implement the appropriate actions as specified in the water system’s emergency plan required by Env-Dw 503.24.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.02)

Env-Dw 503.20 Priority Repair Arrangement.

(a) Where in-house system repair capability does not exist, the owner of a PWS shall establish separate repair agreements for the PWS components and distribution piping system.

(b) Each agreement shall require the repair company to:

(1) Notify the primary PWS operator; and

(2) Prioritize the repair and restoration of service to all of the PWS’s customers.

(c) The primary PWS operator shall oversee all repairs. If the primary PWS operator is not available and the repairs are of an emergency nature, the individual designated under Env-Dw 503.01 shall oversee the repairs.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.11)

Env-Dw 503.21 Prompt Repair and Maintenance Required.

(a) Each owner of a PWS shall promptly repair and fully maintain the operational readiness of the PWS.

(b) The actions required by (a) above, shall include:

(1) The preparation and implementation of a preventative maintenance program, following the minimum guidelines established in Env-Dw 504; and

(2) The prompt repair or replacement of PWS components that have failed or are otherwise not performing as intended.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.13)

Env-Dw 503.22 Required Action After Mechanical Breakdown or Other Failure.

(a) If the PWS experiences a mechanical failure, water main break, or power failure or experiences a degradation of the water quality in the distribution system, the owner shall initiate one or more of the following actions, as appropriate to the situation:

(1) Disinfection;

(2) Bacterial testing;

(3) Flushing; and

(4) Public notice to consumers as specified in Env-Dw 503.19(b).

(b) The action(s) taken shall be determined by the owner of the PWS and the primary certified operator after a careful analysis of the event.

Source. (See Revision Note at part heading for Env-Dw 503) #10465, eff 12-2-13; ss by #14006, eff 6-25-24 (formerly Env-Dw 503.14)

Env-Dw 503.23 Termination of Service.

(a) For purposes of this section, “termination of service” means the suspension of service until such time as the underlying reason for the suspension has been corrected or otherwise resolved.

(b) Subject to (g) below, the owner of the PWS may terminate a customer’s service for cause as specified in the PWS’s rules.

(c) If the PWS has not adopted rules covering termination of service, the owner shall terminate a customer’s service for cause only as provided in this section.

(d) In the absence of system-specific rules, any of the following shall constitute cause for termination of service:

(1) Failure to pay a bill that is not being disputed under applicable legal procedures;

(2) Misappropriation of water by the customer;

(3) Refusal by the customer to give reasonable access to the customer’s premises for necessary inspection of PWS property;

(4) Failure by the customer to address a condition that could contaminate the PWS;

(5) Failure by the customer to repair or replace customer-controlled equipment that is allowing water to flow when such flow is not intended;

(6) Violation of water use bans imposed by the water system, including but not limited to exterior water use when a use restriction has been imposed by the PWS;

(7) Violation of formally adopted PWS rules provided that the rules identify service termination as a penalty for violation; or

(8) Tampering with PWS property.

(e) Subject to (f) and (g) below, prior to terminating service, the owner of the PWS shall notify the local health officer and customer in writing by registered mail or other method that provides confirmation of delivery at least 14 days prior to the termination date.

(f) The owner of the PWS may terminate service without the advance written notice required by (e) above, if:

(1) The owner provides as much advance notice to the customer as is practicable under the circumstances;

(2) The owner notifies the department of the termination within 48 hours of the termination; and

(3) One or more of the following is true:

a. A condition exists that poses a threat to the safety or reliability of the water system and termination of the service is necessary to abate the threat;

b. A condition exists that poses a threat to life, health, or property and termination of the service is necessary to abate the threat; or

c. The customer has abandoned the property served by the water system, as evidenced by:

1. The service address premises being vacant for a period of 60 days without any notification to the water system; and

2. The customer not responding to the owner’s attempts to contact him or her.

(g) The owner of a PWS registered with the public utilities commission (PUC) shall use the termination procedure specified in the system’s PUC franchise and tariff.

Source. #14006, eff 6-25-24 (formerly Env-Dw 503.09)

Env-Dw 503.24 Emergency Plans for CWSs.

(a) The owner of a CWS shall prepare an emergency plan based on the assessment of risks using current scientific data and projections as applicable, to address emergency situations, including but not limited to actions or impairments triggering department notification as defined in Env-Dw 503.19(a), such as, power outages, drought, flooding, saltwater intrusion, and extreme weather.

(b) The emergency plan shall include the following:

(1) A description of the roles and responsibilities for each individual involved during an emergency situation;

(2) A description of how the department, local officials, CWS customers including any PORS or consecutive systems, and the general public will be notified of an emergency situation;

(3) A step-by-step description of how the system will implement an acute public notice, including a boil water order, do not drink notice, or do not use notice;

(4) The mailing address, emergency telephone number, and non-emergency telephone number of each of the following local officials and agencies:

a. The fire department;

b. The police department;

c. At least one ambulance service;

d. The health officer;

e. The CWS’s primary certified operator(s); and

f. The owner(s) of abutting water system(s);

(5) The emergency and non-emergency telephone numbers of the following state agencies:

a. The state police;

b. The department’s drinking water and groundwater bureau;

c. The department of safety, homeland security and emergency management; and

d. The department of health and human services, division of public health services;

(6) The names and emergency and non-emergency telephone numbers for local service and repair contractors that might be needed in an emergency, including but not limited to:

a. An electrician;

b. The electric utility;

c. A pump specialist;

d. An excavation contractor;

e. A state-accredited laboratory; and

f. Media such as radio station and newspaper;

(7) The name and emergency and non-emergency telephone numbers for each service customer with unique water supply needs, including but not limited to:

a. Hospitals;

b. Nursing homes;

c. Health rehabilitation centers;

d. Housing for older persons as described in RSA 354-A:15;

e. Fire department; and

f. Schools;

(8) A description of how the water supply needs of service customers specified in (7) above, will be met;

(9) A description of how the CWS will continue to provide essential functions during an emergency by addressing the following:

a. Essential personnel;

b. Essential system operations;

c. Orders of succession;

d. Continuity communications;

e. Record management;

f. Cross-training programs; and

g. Alternate facilities;

(10) A description of any existing mutual aid agreements or memberships and where a copy of the agreement(s) can be found;

(11) A brief list of the CWS’s primary components, or reference to the CWS’s asset management plan if it contains a complete list, otherwise including but not limited to:

a. All active sources;

b. All operable inactive wells;

c. All source and distribution pump stations;

d. All distribution system pressure reducing vaults or stations;

e. All water treatment facilities;

f. All storage tanks;

g. All drinking water chemicals; and

h. Primary and backup communications equipment;

(12) A description of the type of record drawings available and where the drawings are located;

(13) A description of the CWS that includes at least the following:

a. The total production capacity of each active and inactive well or surface water treatment plant;

b. The total storage capacity of the system;

c. The average and maximum daily demand of the system;

d. The system’s ability to isolate sections of the distribution system; and

e. If applicable, a description, based on existing information, of the hydraulic interconnectivity of the system’s sources and an estimate of the extent to which a contamination event would affect total production capacity;

(14) A description of the CWS’s backup power capabilities, including but not limited to:

a. Whether there is a manual or automatic transfer switch;

b. Type and size of generator;

c. Which operations the generator supports;

d. Fuel type;

e. How long the generator is capable of operating; and

f. Testing and maintenance schedule of the generator;

(15) A description of alternate water sources or short-term measures the CWS could use during an emergency situation, including, but not limited to:

a. The use of bottled water;

b. Purchasing bulk water in accordance with Env-Dw 304;

c. Reactivating deactivated sources of water;

d. Interconnections with adjacent water supply systems;

e. Installation of water treatment; and

f. Imposing water use restrictions;

(16) A description of follow-up action and responsibility for returning to regular system operation;

(17) A description of procedures for responding to breaches in cybersecurity systems, including, but not limited to:

a. The name and emergency and non-emergency telephone numbers for the information technology contact;

b. The ability to disconnect impacted computers from the network to isolate the problem;

c. How the CWS will assess the damage to the equipment or disruptions caused to utility operation;

d. If needed, how the CWS will initiate manual operation of equipment if control systems have been compromised;

e. How the CWS plans to restore operation of their critical processes that were impacted;

f. How the CWS will distribute any advisories or alerts to customers as needed, including customers whose records may have been compromised; and

g. Documentation procedures to be used to track cyber incident responses; and

(18) For CWSs serving more than 1,000 persons that are located within the 10-mile Emergency Planning Zone as defined in 44 CFR 350.2 for the Seabrook Station nuclear power plants, the emergency plan shall include the following:

a. A statement that the water system is located within the Emergency Planning Zone; and

b. A statement that the water system will follow the established local and state procedures, which are available from the local emergency management director of the municipality, for responding to radiological emergencies.

(c) CWSs shall submit an emergency plan to the department as part of the final approval to operate process per Env-Dw 404 or Env-Dw 405, as applicable.

(d) The CWS owner and primary operator shall sign and date the emergency plan prior to submittal to the department.

(e) The CWS owner and primary operator shall:

(1) Annually review the emergency plan; and

(2) Update the plan as necessary to reflect current information.

(f) The CWS owner shall file the most recent emergency plan with the department by March 31 every 5 years, beginning March 31, 2026.

(g) The emergency plan shall be available for review during each scheduled sanitary survey, as required by Env-Dw 720.

Source. #14006, eff 6-25-24 (formerly Env-Dw 503.21)

PART Env-Dw 504 PUBLIC WATER SYSTEM MAINTENANCE REQUIREMENTS

Revision Note:

Document #10465, effective 12-2-13, readopted with amendments and renumbered former Part Env-Ws 361, entitled Maintenance Responsibilities, under a new subtitle as Part Env-Dw 504 entitled Public Water System Maintenance Requirements. 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 #10465 replaces all prior filings for rules formerly in Env-Ws 361. The prior filings for rules in former Env-Ws 367 include the following documents:

#4850, eff 6-25-90

#5422, eff 6-22-92

#5873, eff 7-26-94

#6521, eff 6-4-97

#8475, eff 11-30-05

Env-Dw 504.01 Owner Liability. The owner of a public water system (PWS) may delegate any responsibility imposed by this part to another person, subject to any limitations specified herein. Such delegation shall not relieve the owner from liability for non-compliance with these requirements.

Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 504.02 Definitions.

(a) “All premises served” means every residential, commercial, industrial, educational, governmental, religious, or other property that is connected to the PWS.

(b) “Tie location records” means records showing the precise detailed dimensional measurements of all buried water supply lines, valves, and other components.

(c) “Curb stop” means the valve between the water distribution system and the service customer’s premises which controls the flow of water to the premises.

(d) “Record drawing” means a plan of the actual configuration of the distribution system showing the type, size, and location of piping, service lines, shut-offs, blow-offs, hydrants, valves, and other utilities.

Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 504.03 General System Maintenance.

(a) Each PWS shall have a maintenance schedule for each of the following:

(1) Wells, reservoirs, and intakes;

(2) Pump stations;

(3) Electrical equipment and controls;

(4) Water storage tanks;

(5) Distribution system;

(6) Water treatment facilities; and

(7) Water meters and instrumentation.

(b) The schedule shall be based on:

(1) The maintenance frequencies recommended by the manufacturer, for those components for which such recommendations exist; and

(2) For all other components, the frequencies recommended by the American Water Works Association or commonly used in the water works industry.

Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 504.04 Source Evaluation.

(a) The owner of a PWS shall review, periodically as needed, water use records, customer complaints, and other documents or information pertaining to the source capacity of the system’s surface water(s) or well(s) or both, as applicable, in relationship to historic production rates.

(b) If production rates are declining at a community water system, the owner shall consult with the department to determine whether to:

(1) Perform a pump test for each well water source in accordance with Env-Dw 302 for large community water systems and Env-Dw 305 for small community water systems;

(2) Monitor each well source to establish:

a. Static water level;

b. Stabilized pumping level;

c. Pumping rate;

d. Production volumes; and

e. Pump run times; or

(3) Take some other action(s) to determine the cause(s) of the decline and to address the cause(s).

Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 504.05 Distribution System Flushing.

(a) The owner of a PWS shall flush the distribution system:

(1) At least once every 2 years;

(2) More frequently than every 2 years if needed to maintain the cleanliness of the distribution piping; or

(3) Less frequently than 2 years if drought conditions limit production capacity or a waiver is granted by the department pursuant to Env-Dw 202, because asset management or maintenance records show that a frequency of over 2 years satisfies flushing objectives.

(b) Flushing shall be done at times of minimum system usage whenever possible.

(c) For PWSs serving less than 100 individuals, regardless of the number of customers, the owner shall give written notice at least one week in advance of the intended flushing date by first class mail, email, or hand-delivery to all premises served by the PWS in the area that will be affected by the flushing.

(d) For PWSs serving 100 or more individuals, regardless of the number of customers, the owner shall give notice at least one week in advance of the intended flushing date to all premises served by the PWS in the area that will be affected by the flushing by one or more of the following methods, at the election of the PWS owner:

(1) In writing and delivered by first class mail, email, or hand-delivery;

(2) Other electronic means such as reverse 911 telephone service; or

(3) Publishing a copy of the notice in a newspaper of general circulation for the area served by the PWS.

(e) If the PWS has a website, the owner shall supplement the notice provided pursuant to (c) or (d) above, by posting a notice on the PWS website at least one week in advance.

(f) The flushing shall be continued until the water runs clear, at a flushing flow rate of not less than 3 feet per second.

Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 504.06 Distribution Valve Operation.

(a) The owner of a PWS shall fully turn each distribution system valve either:

(1) At least once every 12 months;

(2) At the frequency identified in the PWS’s operations and maintenance manual or rules, provided that not less than 20% of the valves are operated annually and all valves are operated at least once every 5 years; or

(3) Less frequently than every 5 years if a waiver is granted by the department pursuant to Env-Dw 202, because asset management and maintenance records, as applicable, demonstrate that a frequency of over 5 years satisfies valve operability objectives.

(b) This activity shall be scheduled to minimize the potential impact on customers.

Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 504.07 Service Line and Water Meter Installation and Maintenance Policy.

(a) Unless the PWS has adopted formal rules to the contrary, the service line and service meter policy shall be as follows:

(1) The owner of a PWS shall be responsible for the service line from the water main to the curb stop;

(2) The service customer shall be responsible for the service line from the curb stop to the customer’s premises; and

(3) The owner of a PWS shall be responsible for any required service meters.

(b) The owner of a PWS shall select, size, install, and maintain all required water meters in accordance with:

(1) The specifications of the manufacturer; and

(2) The procedures and protocols described in “Manual of Water Supply Practices, Water Meters – Selection, Installation, Testing, and Maintenance,” document identification number AWWA M6, American Water Works Association, 2012, available as noted in Appendix C.

Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 504.08 Distribution Records.

(a) Each PWS, including a community water system, and privately owned redistribution system with exterior distribution piping shall maintain and update, on an annual basis and based on the best information available to the owner, the water system’s:

(1) Record drawings, which shall conform to the requirements listed in Env-Dw 405.33(d) regardless of service population; and

(2) The location records.

(b) Information that has not been positively confirmed shall be noted as estimated on all records.

(c) Paper copies, digital copies, or both, if available, of the PWS’s record drawings and tie location records shall be available to the department for review and use in preparing state-wide digital drawings and records.

Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

Env-Dw 504.09 Storage Tank Inspection and Maintenance.

(a) At least once every 5 years, the owner of a PWS shall have each water storage tank used by the system inspected to the maximum extent practical and evaluated for structural strength, corrosion, and other factors related to water quality and tank integrity.

(b) Tanks with a capacity of 20,000 gallons or less, and less than 20 years in age, shall not be required to be inspected internally unless the tank shows any visible signs of diminished integrity or damage or might be adversely affecting water quality.

(c) Metal storage tank surfaces shall be painted or otherwise protected as determined by the tank inspection report recommendations, using materials approved in accordance with Env-Dw 403.

(d) The owner of a PWS shall maintain emergency access to the tank’s filler pipe.

Source. (See Revision Note at part heading for Env-Dw 504) #10465, eff 12-2-13; ss by #14006, eff 6-25-24

PART Env-Dw 505 BACKFLOW PREVENTION

Revision Note:

Document #10615, effective 6-1-14, readopted with amendments and renumbered former Part Env-Ws 364, entitled Backflow Prevention, under a new subtitle as Part Env-Dw 505. 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.

Most of the existing rules in Env-Ws 364 had last been filed under Document #8476, effective 11-30-05, but they did not expire on 11-30-13 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #10615, effective 6-1-14.

Document #10615 replaces all prior filings for rules formerly in Env-Ws 364. The prior filings for rules in former Env-Ws 364 include the following documents:

#6521, eff 6-4-97

#8360, INTERIM, eff 6-4-05

#8476, eff 11-30-05

Env-Dw 505.01 Purpose.

(a) The purpose of this part is to regulate, control, and prevent the contamination of public drinking water by the backflow of water or other liquids, gases, mixtures, or other substances into the water distribution system of a public water system (PWS) from a source or sources other than the approved source(s) of water.

(b) This part is not intended to interfere with the progress of existing effective cross-connection control programs, but rather to strengthen them and encourage uniformity across the state.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.02 Applicability.

(a) A PWS shall have a cross-connection control program approved in accordance with Env-Dw 505.11 if:

(1) The PWS is a community water system that serves 1,000 or more persons; and

(2) The PWS serves an entity that poses a cross-connection hazard.

(b) The owner of a PWS that does not meet the criteria of (a), above, shall take appropriate action to prevent backflow occurrences and to eliminate cross-connections, however, an approved cross-connection control program shall not be necessary.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.03 Definitions. As used in this part, unless the content clearly indicates otherwise, the following words shall have the following meanings:

(a) “Air gap” means an unobstructed vertical distance equal to twice the diameter of the supply pipe or supply faucet or one inch, whichever is greater, through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle;

(b) “Approved backflow prevention device” means a backflow prevention device that has been:

(1) Tested and certified by the University of Southern California, Foundation for Cross-Connection Control and Hydraulic Research, listed at https://fccchr.usc.edu/list.html; or

(2) Tested and certified by American Society of Sanitary Engineers (ASSE) International, listed at https://forms.iapmo.org/asse/listed/;

(d) “Back pressure” means pressure created by mechanical means or other means causing water or other liquids or substances to flow or move in a direction opposite to what is intended;

(e) “Back-siphonage” means a backflow resulting from negative or reduced pressure in the water distribution pipes of a potable water supply;

(f) “Certified backflow prevention device inspector” means an individual who has proven their competency to inspect and test backflow prevention devices, by the possession of a valid backflow prevention device certification issued by the New England Water Works Association (NEWWA) or ASSE Series 5000 certification program;

(g) “Check valve” means a self-closing device which is designed to permit the flow of fluids in one direction and to close if there is a reversal of flow;

(h) “Containment” means that method and philosophy of backflow prevention which requires a backflow prevention device to be installed at the water service entrance;

(i) “Customer or property owner” means any person who has legal title to or license to operate or inhabit a property at which a cross-connection inspection is to be made or at which a cross-connection is present;

(j) “Double check valve” means a device incorporating 2 spring-loaded check valves within a single unit, having 2 shut-off valves and having the necessary appurtenances for testing;

(k) “High degree of hazard” means that if a backflow were to occur, the resulting effect on the potable water supply could cause illness or death if the water thus contaminated were consumed by humans. The unwanted substance might be toxic to humans either from a chemical, bacteriological, or radiological standpoint. The effects of the contaminants can result from short or long-term exposure;

(l) “Low degree of hazard” means that if backflow were to occur, the resulting effect on the potable water supply would be a change in its aesthetic qualities only and the unwanted substance is non-toxic to humans;

(m) “Potable water” means water from a source which has been approved by the department for human consumption;

(n) “Pressure vacuum breaker” means a device with an internally spring-loaded check valve and a spring-loaded air inlet valve, having 2 shut-off valves and having the necessary appurtenances for testing, designed to operate under constant pressure but not back pressure;

(o) “Reduced pressure principal backflow device assembly” means a device incorporating 2 or more spring-loaded check valves and an automatically-operating relief valve located between the 2 check valves, with 2 shut-off valves and having the necessary appurtenances for testing;

(p) “Residential dual check valve” means a device, designed for backpressure and back-siphonage protection for residential dwellings, which incorporates 2 spring-loaded check valves in a single unit without shut-off valves or testing appurtenances in accordance with ASSE Standard 1024;

(q) “Supplier of water” means “supplier of water” as defined in RSA 485:1-a, XVI, as reprinted in Appendix B; and

(r) “Unwanted substances” means water or other liquids, gases, mixtures, or other substances from any source(s) other than the approved source(s) of water.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.04 Responsibilities of Department, Suppliers of Water, Owners, and Inspectors.

(a) Relative to cross-connections, the department shall:

(1) Establish and enforce rules to regulate cross-connections;

(2) Review inspection reports prepared pursuant to Env-Dw 505.05; and

(3) Review and approve the cross-connection control program of each PWS, in accordance with Env-Dw 505.11.

(b) Each supplier of water shall be responsible for the safety of the PWS under its jurisdiction.

(1) Not allow any cross-connection at any point within the PWS unless approved pursuant to a permit specifically issued by the supplier of water for the cross-connection;

(2) Require any backflow prevention device installed in the system to be an approved backflow prevention device;

(3) When an application for a cross-connection permit is received, review the degree of hazard classification of the cross-connection, determine the proper backflow prevention device for the cross-connection, and designate that backflow prevention device on the cross-connection permit if it is issued;

(4) Require backflow prevention devices to:

a. Be installed where required;

b. Be tested for proper functioning upon completion of installation;

c. Meet performance standards International Plumbing Code (IPC) section 608, Protection of Potable Water Supply, table 608.1; and

d. Be inspected and tested at least semi-annually in high degree of hazard situations and annually in low degree of hazard situations, or more frequently as required by the supplier of water;

(5) Require a certified backflow prevention device inspector to perform all testing and inspection duties;

(6) Require the customer or property owner to repair, overhaul, or replace the backflow prevention device whenever it is found to be defective;

(7) Evaluate records of inspections, tests, repairs, and overhauling and retain the records for a period of at least 5 years;

(8) Establish a time for completion of necessary corrections or removal of actual or potential cross-connections, taking into consideration the degree of hazard involved and the time required to obtain and install the needed equipment;

(9) Ensure that necessary corrections are made by:

a. Requesting the owner of the cross-connection to voluntarily correct the deficiencies; and

b. Physically separating the PWS from the on-site piping system if proper protection has not been provided after a reasonable period of time following legal notification; and

(10) Deny water service to any premises where cross-connections exist until corrective action is taken, in accordance with the following:

a. Water service shall be discontinued for failure to test or maintain backflow prevention devices in a manner acceptable to the supplier of water; and

b. Water service shall be discontinued until corrections are made, if it is found that the backflow prevention device has been removed, by-passed, or otherwise rendered ineffective.

(d) Relative to cross-connections, the supplier of water and the customer or property owner shall have joint responsibility to ensure that the backflow prevention devices installed at all cross-connections are tested and inspected as specified in Env-Dw 505.04.(c)(4)d.

(e) Relative to cross-connections, the customer or property owner shall:

(1) Eliminate and disconnect any cross-connections that are maintained between the private system and the supplier of water’s system, unless deemed necessary by the supplier of water and protected by an approved backflow prevention device suitable for the degree of hazard associated with the cross-connection;

(2) Have any backflow prevention device properly installed, operated, and maintained;

(3) Comply with all provisions of any cross-connection permit and the supplier of water’s cross-connection program;

(4) Apply for renewal of the cross-connection permit when required by the supplier of water;

(5) Protect the owner’s water distribution or plumbing system by the installation of approved backflow prevention devices where appropriate and necessary; and

(6) Have inspections and tests performed during regular business hours.

(f) Relative to cross-connections, the certified backflow prevention device inspector shall:

(1) Make competent inspections and reports of the inspection and testing of backflow prevention devices on forms approved by the supplier of water having jurisdiction;

(2) Competently use all of the equipment necessary to properly test and inspect backflow prevention devices using ASSE Series 5000, (2012), available as noted in Appendix C, or “NEWWA Backflow Prevention Device Assembly Field Test Procedures Using a Three-Valve Differential Test Kit”, (2019), available as noted in Appendix C; and

(3) Perform the work and be responsible for the competency and the accuracy of all tests and reports.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.05 Required Reports.

(a) All suppliers of water identified in Env-Dw 505.02(a) shall submit an annual inspection and testing report to the department in accordance with this section.

(b) The annual inspection and testing report shall be submitted to the department no later than April 1st of the year following the inspection year.

(1) Specify the total number of permitted cross connections at the end of the year for which the report is being filed;

(2) Specify the number of backflow prevention devices tested; and

(3) Provide the following information for each backflow prevention device:

a. Permit number of the backflow prevention device;

b. Name of the owner of the backflow prevention device;

c. Location of the backflow prevention device;

d. Date of each inspection and test performed during the year of reporting;

e. Name, certifying organization, and certification number of the certified backflow prevention device inspector who performed the inspection and test on the device; and

f. If the inspection or test result is unsatisfactory, the date of correction.

(d) A supplier of water with over 1,000 service connections that demonstrates the absence of any connection(s) with a high degree of hazard shall be exempt from reporting.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.06 Cross-Connection Permits.

(a) The owner of any premises where a cross-connection exists shall apply for a cross-connection permit on the forms provided by the supplier of water if the premises are served by a PWS that is required to have a cross-connection program pursuant to Env-Dw 505.02(a).

(b) All permits shall be:

(1) Issued by the supplier of water for a term not to exceed 5 years; and

(2) Subject to revocation by the supplier of water.

(1) The owner’s name, email address, postal mailing address, and daytime telephone number;

(2) The location of the backflow prevention device;

(3) The name of the manufacturer of the backflow prevention device;

(4) The size and model number of the backflow prevention device;

(5) A description of contaminants that could be introduced through the cross-connection;

(6) The frequency of inspections and testing of the backflow prevention device; and

(7) The permit number.

(d) The holder of a cross-connection permit shall apply for the permit to be renewed every 5 years or:

(1) Whenever a change has occurred in the existing degree of hazard classification; or

(2) A change has been made in the type of backflow prevention device installed.

(e) Cross-connection permits shall be non-transferable.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.07 Replacement of Backflow Prevention Devices. Any existing backflow prevention device shall be allowed to continue in service unless:

(a) The supplier of water considers the condition of any portion of the backflow prevention device to be such that replacement should be made; or

(b) The degree of hazard classification has changed so as to supersede the effectiveness of the present backflow prevention device currently in use.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.08 Approved Backflow Prevention Devices.

(a) Only approved backflow prevention devices shall be used.

(b) Only the types of backflow prevention devices listed in Table 505-1 below shall be used for the containment of on-premise hazards for low and high degree of hazard situations respectively:

Table 505-1: Acceptable Backflow Prevention Devices for Degrees of Hazards

Low Degree of Hazard	High Degree of Hazard
Air gap	Air gap
Pressure vacuum breaker	Reduced pressure principal backflow prevention device assembly
Double check valve	A combination of the above
Reduced pressure principal backflow prevention device assembly
A combination of the above

(1) Be subject to corrosive fumes, grit, or sticky or abrasive liquids;

(2) Be subject to flooding or mechanical abuse;

(3) Not be easily accessible for testing and repair;

(4) Be in a pit or built into or close to walls or other obstructions; or

(5) Be in a vertical position unless the backflow prevention device was certified for that orientation.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.09 Program Documentation.

(a) Each PWS that is required by Env-Dw 505.02(a) to have a cross-connection program shall file with the department a copy of its legally-adopted cross-connection control program.

(b) Any subsequent revisions to a cross-connection control program approved in accordance with Env-Dw 505.11 shall be filed with the department as specified in Env-Dw 505.11.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.10 Required Records.

(a) Each PWS that is required by Env-Dw 505.02(a) to have a cross-connection program shall maintain records pertaining to its cross-connection control program as specified in this section.

(b) A list of high degree of hazard cross-connection locations shall include:

(1) The name of the owner or business;

(2) The location of the backflow prevention device;

(3) The type of backflow prevention device installed;

(4) The size of the backflow prevention device;

(5) The manufacturer’s name and model number;

(6) The cross-connection permit number;

(7) A description of the contaminant(s); and

(8) The testing and inspection frequency.

(d) Records of the frequency of inspection and testing of each backflow prevention device and the results of inspections and tests shall include the following and be on forms provided by the supplier of water:

(1) The name of the owner or business;

(2) The location of the backflow prevention device;

(3) The type of backflow prevention device;

(4) The size of the backflow prevention device;

(5) The manufacturer’s name and model number;

(6) The date of the first inspection and test of the year for high hazard backflow prevention devices or the date of the annual inspection and test for low hazard backflow prevention devices;

(7) The name of the certified backflow prevention device inspector;

(8) Inspection and testing results from the first or annual test, as applicable;

(9) If the inspection or testing results from the first or annual test, as applicable, were unsatisfactory:

a. The measures taken to correct the deficiencies; and

b. The date the device was determined to be satisfactory;

(10) The date of the second inspection and test of the year for each high hazard backflow prevention device;

(11) Inspection and testing results from the second test for each high hazard backflow prevention device; and

(12) If the inspection or testing results from the second test for a high hazard backflow prevention device were unsatisfactory:

a. The measures taken to correct the deficiencies; and

b. The date the device was determined to be satisfactory.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

Env-Dw 505.11 Approval of Cross-Connection Programs; Revisions.

(a) To obtain department approval of a cross-connection program, the supplier of water shall submit a written description of the program that includes:

(1) A description of all components of the program; and

(2) A certification signed by the supplier of water that the supplier of water has the authority to enforce the requirements of the program.

(b) The department shall approve the program if, after reviewing the submittal, the department determines that the program complies with the requirements of this part.

(c) If the supplier of water revises any part of an approved cross-connection control program, the supplier of water shall submit the revisions in writing to the department.

(d) The department shall approve the revisions if the department determines that the program as revised complies with the requirements of this part.

(e) The department shall notify the supplier of water of its decision on a submittal under (a) or (c), above, in writing within 30 days of receipt of the submittal. If the program or revision is not approved, the written notice shall specify the reason(s) for the decision.

Source. (See Revision Note at part heading for Env-Dw 505) #10615, eff 6-1-14; ss by #14120, eff 11-23-24, EXPIRES: 11-23-34

PART Env-Dw 506 SEASONAL PUBLIC WATER SYSTEMS

Env-Dw 506.01 Purpose. The purpose of this part is to establish the minimum requirements for the opening of seasonal public water systems (seasonal systems).

Source. #10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

Env-Dw 506.02 Applicability; Exemption.

(a) The rules in this part shall apply to all seasonal systems as defined in Env-Dw 100, subject to (b) and (c) below.

(b) Prior to April 1, 2016, the rules in this part shall not apply to seasonal systems owned by political subdivisions of the state.

(c) A seasonal system where the entire distribution system remains pressurized during the entire period that the system is not serving water to the public shall be exempt from the start-up procedures and certification required by Env-Dw 506.04(a).

Source. #10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

Env-Dw 506.03 Sampling Requirements. The owner of a seasonal system shall conduct sampling in accordance with Env-Dw 707 through Env-Dw 711.

Source. #10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

Env-Dw 506.04 Start-Up Procedures and Certification Required.

(a) Prior to serving water to the public, the owner of a seasonal system shall:

(1) Complete the start-up procedures specified in Env-Dw 506.05; and

(2) Certify to the department that the procedures were completed as specified in Env-Dw 506.06.

(b) The owner may authorize an agent to conduct the start-up procedures and file the certification, but such authorization shall not relieve the owner from liability if the procedures are not done as and when required.

Source. #10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

Env-Dw 506.05 Specific Procedures.

(a) The start-up procedures required by Env-Dw 506.04(a)(1) shall include the following:

(1) Inspecting all components of the distribution system including sanitary protective area(s), well(s), source meter(s), pump house(s), pump(s), treatment facility(ies), storage facility(ies), valve(s), blow-off(s), hydrant(s), backflow prevention device(s), if any, and sampling tap(s);

(2) Disinfecting and flushing all distribution lines;

(3) Correcting any current or previously-noted sanitary defects;

(4) Submitting to the department proof of all outstanding public notice(s) from the previous season;

(5) Submitting to the department any outstanding assessment reports from the previous season;

(6) Submitting to a state-accredited laboratory all outstanding chemical and bacterial make-up sample(s); and

(7) Resolving all outstanding violations or requirements.

(b) The owner may include additional steps in the start-up procedures, such as sampling.

Source. #10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

Env-Dw 506.06 Annual Start-Up Certification.

(a) The owner or authorized agent of the seasonal system shall provide the certification required by Env-Dw 506.04(a)(2) by providing the information specified in (b), below, on a form obtained from the department that the owner or authorized agent has signed as specified in (c) below.

(b) The information required by (a), above shall be as follows:

(1) The complete legal name of the seasonal system, its PWS identifier, and the municipality in which the seasonal system is located;

(2) The months in which the owner anticipates opening and closing the seasonal system;

(3) For the owner of the seasonal system, the owner’s name, regular mailing address and seasonal mailing address, if different, regular and seasonal daytime telephone numbers, including area codes, and e-mail address;

(4) For the start-up procedures, the date the procedures were completed and the name and title(s) of the individual who completed the procedures; and

(5) The calendar year of the certification and the date the seasonal system opened and started serving water to the public.

(c) The owner or authorized agent shall sign and date the certification and print or type their name and title on the certification prior to submitting it to the department. If signed by the authorized agent, the authorized agent shall provide their daytime telephone number including area code and e-mail address.

(d) The signature required by (c), above, shall constitute certification that:

(1) The signer is the owner of the seasonal system or has been authorized by the owner to sign the certification;

(2) The start-up procedures required by Env-Dw 506.04(a)(1) have been completed;

(3) The information provided is true, complete, and not misleading to the knowledge and belief of the signer; and

(4) The signer understands that they are subject to the penalties for false swearing specified in RSA 641:3 or any successor statute if the information is false, incomplete, or misleading.

Source. #10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

Env-Dw 506.07 Violations.

(a) Failing to complete the required start-up procedures as required by Env-Dw 506.04(a)(1) shall constitute a treatment technique violation.

(b) Failing to submit certification of completion of start-up procedures as required by Env-Dw 506.04(a)(2) shall constitute a reporting violation

Source. #10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

Env-Dw 506.08 Public Notice of Violations. The owner of a seasonal system, at which any violation specified in Env-Dw 506.07 occurs, shall notify the public in accordance with Env-Dw 800.

Source. #10771, eff 2-1-15; ss by #14342, eff 8-22-25, EXPIRES: 8-22-35

Appendix A: State Statutes Implemented

	Rule Section(s)	State Statute(s) Implemented	Federal Regulations Implemented
	Env-Dw 501	RSA 485:3-a
	Env-Dw 502 (also see specific sections below)	RSA 332-E:3, I
	Env-Dw 502.04 – RSA 502.06	RSA 332-E:4, I - III
	Env-Dw 502.07	RSA 332-E:5, I - IV
	Env-Dw 502.08	RSA 332-E:6, I
	Env-Dw 502.09	RSA 332-E:4, IV-VI; RSA 332-E:6, II, III, V
	Env-Dw 502.10	RSA 332-E:5, VI; RSA 332-E:9
	Env-Dw 502.11	RSA 332-E:6, IV
	Env-Dw 502.12 – RSA 502.23	RSA 332-E:3, II - IV
	Env-Dw 502.24 – RSA 502.29	RSA 332-E:3, I & III
Env-Dw 503		RSA 485:1; RSA 485:10; RSA 485:11; RSA 485:43
Env-Dw 504		RSA 485:1; RSA 485:11; RSA 485:43
	Env- Dw 505	RSA 485:11; RSA 485:41
	Env-Dw 506.01 - Env-Dw 506.08	RSA 485:3, I; RSA 485:41, II & III; RSA 485:43	40 CFR 141.853 - 857

Appendix B: statutory definitions

RSA 332-E:1

II. “Certificate” means a certificate of competency issued by the department stating that the operator has met the particular requirements set by the department for certification at his level of operation.

III. “Department” means the department of environmental services.

IV. “Operator” means the individual who has full responsibility for the operation of a water treatment plant or water distribution system and any individual who normally has charge of an operating shift, or who performs important operating functions including analytical control.

V. “Water distribution system” means that portion of the public water system which includes sources, pipes, storage facilities, pressure booster facilities, and all measuring and control devices used to convey potable water to the system users.

VI. “Water treatment plant” means the portion of the public water supply system which in some way alters the physical, chemical, or bacteriological quality of the water being treated.

RSA 485:1-a

XVI. "Supplier of water" means any person who controls, owns or generally manages a public water system.

Appendix C: Incorporation By Reference Information

Rule Section(s)	Title	Dated	Obtain at:
Env-Dw 504.07(b)(2)	Manual of Water Supply Practices, Water Meters – Selection, Installation, Testing, and Maintenance,” document identification number AWWA M6, American Water Works Association	2012	American Water Works Association https://www.awwa.org/Publications/Manuals-of-Practice

Rule Section(s)

Title

Dated

Obtain at:

Env-Dw 504.07(b)(2)

Manual of Water Supply Practices, Water Meters – Selection, Installation, Testing, and Maintenance,” document identification number AWWA M6, American Water Works Association

2012

American Water Works Association

https://www.awwa.org/Publications/Manuals-of-Practice

Env-Dw 505.04(f)

“Cross-Connection Control Professional Qualifications Standard (ASSE Series 5000)”, revised June 2012.

Available for review at the NH Department of Environmental Services office or purchase at:

ANSI HEADQUARTERS

Washington, DC

1899 L Street, NW, 11th Floor

Washington, DC 20036

Price: $45.

https://webstore.ansi.org/standards/asse-sanitary/asseseries5000

Env-Dw 505.04(f)

“NEWWA Backflow Prevention Device Assembly Field Test Procedures Using a Three-Valve Differential Test Kit”, revised June 2019.

Available for review at the NH Department of Environmental Services office.