NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES TABLE OF CONTENTS

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1 TABLE OF CONTENTS CHAPTER 300 NEW HAMPSHIRE DRINKING WATER RULES PART 301 PURPOSE AND APPLICABILITY Section Purpose Section Applicability Section Coverage Section Exemption to Rule Requirement Pursuant to Part 1, Article 28-a for Water Systems Owned by Political Subdivisions PART 302 ABBREVIATIONS AND DEFINITIONS Section Abbreviations Section Definitions PART 303 INTRODUCTION Section Local Authority Section Access to Files Section Permit to Operate Section Section Siting Requirements Section Entry and Inspection of Public Water Systems Section Engineering Study Section Submission of Descriptive Data PART 304 RECORDKEEPING RESPONSIBILITY OF SYSTEMS Section Section Recordkeeping Responsibility Section Microbiological Records Section Turbidity Records Section Section Disinfection Residual Section Asbestos Records Section Lead, Copper and Corrosion Testing Section Acrylamide/Epichlorohydrin Water Quality Records Section Unregulated Volatile Organic Chemicals Records Section Water Quality Records Other Than Microbiological and Turbidity Section Section Recordkeeping for Filtration Section Recordkeeping for Corrosion Control Section Other Treatments Section Section Vulnerability Records Section Monitoring Waivers Section Sanitary Survey Records Section Records Destruction PART 305 COATINGS AND ADDITIVES Section Section Approval for Use Section Section Prohibition on Use of Lead Pipe, Solder and Flux i

2 PART 306 SANITARY SURVEY Section Frequency of Sanitary Survey Field Inspection PART 307 STANDARDS ADOPTED BY REFERENCE Section Standards of the American Water Works Association Section Standards for the Great Lakes Upper Mississippi River Board of State Public Health and Environmental Managers PART 308 CRITERIA AND PROCEDURES FOR NON-CENTRAL TREATMENT Section Definitions Section Section Point-of-Entry Treatment Section Section Point-of-Use Treatment Section Section Bottled Water PART PART 310 DRINKING WATER QUALITY STANDARDS Section Purpose Section Applicability to Other Rules PART PART 315 MAXIMUM CONTAMINANT LEVEL (MCL) AND MAXIMUM CONTAMINANT LEVEL GOAL (MCLG) - MICROBIOLOGY, PHYSICAL AND RADIONUCLIDES Section Health-Related Regulated Microbiological Contaminants Section Section Unregulated Microbiological Contaminants Section Section Health-Related Regulated Physical Contaminants - Section Turbidity MCL Section Section Unregulated Physical Contaminants - Section Section Health-Related Regulated Radionuclide Contaminants Particles - Section Radionuclides from Natural Sources Section Section Beta Particles and Photon Radioactivity from Man-Made Sources Section Section Unregulated Radionuclide Contaminants PART 316 MAXIMUM CONTAMINANT LEVEL (MCL) AND MAXIMUM CONTAMINANT LEVEL GOALS (MCLG) FOR INORGANICS Section Health-Related Regulated Inorganic Chemical Contaminants Section Section Unregulated Inorganic Chemicals PART 317 MAXIMUM CONTAMINANT LEVEL (MCL) AND MAXIMUM CONTAMINANT LEVEL GOAL (MCLG) FOR REGULATED ORGANICS ii

3 Section Health-Related Regulated Volatile Organic Chemical (VOC) Contaminants Section Section Health-Related Regulated Synthetic Organics Section Section Health-Related Disinfection Byproducts Section Section Health-Related Regulated Residual Disinfectants Section Section Special Treatment Chemicals PART 318 UNREGULATED ORGANIC CONTAMINANTS Section Unregulated Organic Contaminants Required Monitoring Section Section Unregulated Oxidant By-Products - Section Section Unregulated Organics - Discretionary Monitoring PART 319 REGULATED SECONDARY MAXIMUM CONTAMINANT LEVELS (SMCL) Section Aesthetic Regulated Secondary Maximum Contaminant Levels Section Section Unregulated Secondary Maximum Contaminant Levels PART 320 MONITORING, REPORTING AND COMPLIANCE DETERMINATION - PART 321 GENERAL MONITORING Section Purpose Section Monitoring of Consecutive Public Water Systems Section Laboratory Results Section Additional Sampling Section Public Notice Section Identifying Sampling Interval Section Section Protocol for Monitoring Waiver Section Monitoring Within a Compliance Period Section Monitoring For Ground and Surface Water Systems Section Sampling Points Section Separate Sampling Taps Section Averaging Results Section Calculating Compliance Section Eligibility of Data Section Additional Compliance Samples Collection by the System Operator Section Removing a Source From and Reducing Monitoring Responsibility Section Minimum Monitoring Responsibilities Section Notes for Collection Protocol Tables PART 322 REPORTING MONITORING DATA Section Section Reporting Requirements Section Reporting Data from Commercial or Other Laboratories iii

4 PART PART PART 325 BACTERIAL, PHYSICAL AND RADIONUCLIDE MONITORING Section Collection Location of Bacterial Samples Section Collection Intervals of Bacteria Samples Section Non-Compliance Bacterial Samples Section Frequency of Routine Monitoring of Coliform Bacteria for Community Water Systems Section Frequency of Routine Monitoring of Coliform Bacteria for Non- Community Water Systems Section Bacteria Sampling Requirement When Turvidity Exceeds One NTU Section Repeat Monitoring Section Waiver of the 5 Routine Sample Monitoring Requirement Section Invalidation of Total Coliform Samples Section Adjusting Bacteria Sampling Frequency After a Sanitary Survey Section Fecal Coliform/Escherichia Coli (E. coli) Testing and Boil Order Requirement if Detected Section Sample Volume and Collection Protocol Section Response to Violation Section Compliance Section Violation Section Section Monitoring for Unregulated Microbiology Section Section Monitoring for Unregulated Physical Contaminants Sections Section Monitoring for Radionuclidies Section Section Repeat Monitoring for Turbidity Section Collection Location Section Compliance & Notification Section Reporting Section Section Monitoring for Unregulated Physical Contaminants Section Section Initial Monitoring Frequency for Radionuclides - Section Monitoring for Radionuclides Section Section Laboratory Testing Protocol Section Confirmation Monitoring For Radionuclides Section Increased Monitoring for Radionuclides Section Reduction in Quarterly Sampling Frequency Section Sample Location for Radionuclides Section Sample Collection Protocol Section Compliance Section Initial Monitoring for Beta and Man-Made Radionuclides Section Repeat Monitoring Frequency Section Sample Location - Section Sample Collection Protocol iv

5 Section Confirmation Samples - Section Compliance for Low Levels Section Sampling for Higher Values Section Repeat Monitoring Frequency Section Other Sampling Section Reporting - Section Monitoring Near Nuclear Facilities Section Section Unregulated Radionuclides PART 326 MONITORING FOR INORGANIC CHEMICALS Section Monitoring for Regulated Inorganic Chemicals Section Monitoring Location for Regulated Inorganics Section Frequency of Monitoring for Regulated Inorganics Section Section Changes When Contaminant Concentrations are Over 50% but Less Than the MCL for Regulated Inorganics Section Monitoring Where the MCL is Exceeded for Regulated Inorganics Section Sample Collection Protocol for Regulated Inorganics Section Confirmation Samples for Regulated Inorganics Section Compliance Determination for Regulated Inorganics Section Reporting for Regulated Inorganics Section Section Monitoring for Asbestos Section Waiver of Monitoring for Asbestos Section Monitoring Location for Asbestos Section Monitoring When the MCL for Asbestos is Exceeded Section Confirmation Sampling for Asbestos Section Collection Protocol for Asbestos Section Reporting for Asbestos Section Compliance for Asbestos Section Section Initial Monitoring for Nitrate Section Confirmation Samples for Nitrate MCL Exceedance Section Revised Monitoring for Nitrate Section Collection Protocol for Nitrate Section Reporting and Compliance for Nitrate Section Initial Monitoring for Nitrite Section Confirmation Samples for Nitrite Section Revised Monitoring for Nitrate Section Collection Protocol For Nitrite Section Reporting and Compliance for Nitrite Section Section Monitoring for Unregulated Inorganic Chemicals PART 327 MONITORING FOR ORGANICS Section General Monitoring Frequency for VOC Section Monitoring Location for VOC Section Section Confirmation Sampling for VOC Section Revised Monitoring Frequency for VOC v

6 Section Section Monitoring for Vinyl Chloride Section Section Laboratory Methods and Protocol for VOC Section Compliance Determination for VOC Section Section Initial Monitoring Frequency for Synthetic Organics Section Monitoring Location for Synthetic Organics Section Monitoring Frequency for Synthetic Organics Section Section Confirmation Sampling for Synthetic Organics Section Section Revised Monitoring for Synthetic Organics Where a Contaminant is Detected Section Section Laboratory Methods and Sample Protocol for Synthetic Organics Section Section Compliance Determination for Synthetic Organics Section Reporting Synthetic Organics Section Monitoring for Endrin Section PCB Monitoring Section Section Monitoring for Disinfection Byproducts Section Monitoring Frequency and Location Section Frequency Reduction Section Compliance Section Section Monitoring for Acrylamide and Epichlorohydrin PART 328 UNREGULATED ORGANICS - PART 329 MONITORING FOR SECONDARIES Section Monitoring For Regulated Secondary MCL's Section Monitoring Location Section Monitoring Frequency Section Sample Collection Protocol Section Confirmation Samples Section Compliance Determination Section Reporting Section Sodium Section PART 330 LABORATORY ANALYTICAL TECHNIQUES Section Sample Analysis Method Section Approved Laboratories PART PART 340 MCL VIOLATION - EVALUATION AND RESPONSE - PART 341 VARIANCES AND EXEMPTIONS Section Definitions vi

7 Section Stringency of Variances and Exemptions Section Consideration of a Variance or Exemption Request by the Division Section Entry and Inspection of Public Water Systems PART 342 VARIANCES ISSUED BY THE DIVISION Section Section Requirements for a Variance Section Variance Request Section Consideration of a Variance Request Section Disposition of a Variance Request Section Public Hearings on Variances and Schedules Section Action After Hearing Section Alternative Treatments Techniques Section Treatment Techniques PART 343 EXEMPTIONS ISSUED BY THE DIVISION Section Section Requirements for an Exemption Section Exemption Request Section Consideration of an Exemption Request Section Disposition of an Exemption Request Section Public Hearings on Exemption Schedules Section Final Schedule Section Extension of Date for Compliance Section Bottled Water and Point-of-Use Devices PART 344 MODIFYING WATER QUALITY Section Treatment of Contaminants by Flow Mix PART 345 BEST AVAILABLE TECHNOLOGY, TREATMENT TECHNIQUES OR OTHER MEANS GENERALLY AVAILABLE Section BAT For Microbiological Section Section BAT For Physical - Section BAT For Turbidity Section Section Variances and Exemptions from the Maximum Contaminant Levels for Radionuclides Section BAT for Alpha Radionuclides Section Section BAT for Beta Radionuclides PART 346 BEST AVAILABLE TREATMENT (BAT) FOR INORGANIC CHEMICALS Section BAT Inorganics Section Variances and Exemptions from the Maximum Contaminant Levels for Inorganic Chemicals Section Variances from the Maximum Contaminant Level for Fluoride Section Variances and Exemptions Concerning Corrosion Control Section BAT Maximum Residual Disinfectant Levels PART 347 BEST AVAILABLE TREATMENT - ORGANICS Section BAT for Volatile Organic Chemicals vii

8 Section Variances and Exemptions from the Maximum Contaminant Levels for Organic Chemicals Section Section BAT Organics-Synthetic Organics Section Variances and Exemptions from the Maximum Contaminant Levels for Synthetic Organic Chemicals Section Section BAT Disinfection Byproducts Section Variances from the MCL Disinfection Byproducts Section Section Special Treatment Acrlyamide and Epichlorohydrin PART PART 350 NOTIFICATION - PART 351 GENERAL VIOLATION NOTIFICATION Section Summary of Public Notice Requirements Section Elements of a Public Notice Section Acute Violation Public Notice Section Standard Violation Public Notice for Community Water Systems Section Standard Violation Public Notice for Non-Community Water Systems Section Limiting Notice of Violation Section Notices of Variances and Exemptions Section Notice to New Billing Units Section Goals of a Public Notice Section Action of the Department When Owner Fails to Notify Section Responsibility for Notification to Renters Section Responsibility for Notification by Consecutive Systems Section Certification of Public Notice PART 352 RULES PERTAINING TO THE CONSUMER CONFIDENCE REPORT Section Purpose and Applicability Section Definitions Section Effective Dates Section Content of the CCR Section Contact Information Section Source Water Section Health Information Section Technical Definitions in the CCR Section Detected Contaminants Section Reporting of Violations Section Data Presentation Section Cryptosporidium and Radon Section Monitoring and Reporting of Compliance Data Section Variance and Exemption Section Detections of Arsenic, Nitrate, Lead, and Total Trihalomethanes Section Contaminant Source Information Section Health Effects Language Section Report Delivery and Recordkeeping PART viii

9 PART 354 MANDATORY HEALTH EFFECTS LANGUAGE Section Requirement to Use Specific Notice Language PART 355 SCHEDULE, VERIFICATION OF NOTICE ISSUANCE, AND NOTICE LANGUAGE FOR MICROBIOLOGY, TURBIDITY AND RADIOLOGICAL Section Public Notice - Microbiological Section Public Notice - Exceedance of the Copper Action Level Section Public Notice - Failure to Install Optimal Corrosion Control Section Public Notice - Turbidity Section Public Notice - Alpha Radionuclides Section Public Notice - Beta Radiological PART 356 PUBLIC NOTICE FOR INORGANICS Section Regulated Inorganic Chemicals PART 357 PUBLIC NOTICE FOR ORGANICS Section Regulated Organic Chemicals Section Regulated Synthetic Organics Chemicals Section Regulated Disinfectant Byproducts and Residuals Section Special Treatment Chemicals PART 358 NOTICE OF UNREGULATED CONTAMINANT MONITORING RULE Section Applicability PART 359 NOTIFICATION FOR SECONDARY MCLs Section Compliance with Secondary Maximum Contaminant Level and Public Notification for Fluoride PART 360 GENERAL OPERATIONAL REQUIREMENTS OF A PUBLIC WATER SYSTEM Section Notification of Impairment Section Notice of Change of Personnel Section Operational Responsibility - Section Operational Manual Section Water System Operational Rules - Section Termination of Service Section Submission of Production and Treatment Forms Section Priority Repair Arrangement Section Notice of Planned Outages Section Responsibility to Promptly Repair and Maintain a Public Water System Section Required Action After Mechanical Breakdown or Other Failure of a System Section Env-WS Inspection Frequency of Public Water System Section Evaluating Supply Adequacy Section Emergency Plans for Community Water Systems PART PART 362 MAINTENANCE RESPONSIBILITIES Section Definitions Section General System Maintenance Section ix

10 Section Source Pump Test Section Section Distribution System Flushing Section Distribution Valve Operation Section Service Line Maintenance Policy - Section Updating Distribution Records Section Section Storage Tank Inspection and Maintenance PART 363 CAPACITY ASSURANCE FOR EXISTING PUBLIC WATER SYSTEMS Purpose Scope Definitions Business Plan Deficiency Schedule - Business Plan Technical Capacity Plan For Existing Systems Financial Capacity Plan For Existing Systems Notice to the Public x

11 PART 364 BACKFLOW PREVENTION Section Purpose Section Applicability Section Definitions Section Responsibilities of Division, Suppliers, Owners and Testers Section Required Forms; Permits Section Approved Backflow Prevention Devices Section Program Documentation Section Appendix PART PART PART 367 CERTIFICATION OF WATER WORKS OPERATORS Section Declaration of Purpose Section Applicability and Abbreviations Section Definitions Section Application for Certificates Section Examinations Section Issuance of Certificates Section Renewal of Certificates Section Revocation of Certificates Section Classification of Water Treatment Processes Section Classification of Water Distribution Systems Section Grades of Operators Section Qualifications of Operators Section Operator-in-Training Section Responsibilities of Water System Owners and Operators PART PART PART 370 GENERAL DESIGN STANDARDS Section Adoption by Reference Section Design Review Fee Section Quality of Products and Workmanship Section Public Water System Capacity Assurance Section Constructed Water Conveyances PART CAPACITY ASSURANCE FOR PROPOSED PUBLIC WATER SYSTEMS Section Purpose Section Scope Section Definitions Section Sequence of Submittals for Capacity Assurance Approval Section Business Plan for a Proposed Public Water System Section Construction Approval Section Initial Operations Approval Section Section Section System Technical Design Assurance Plan Approval xi

12 Section Operations Manual Section As-built Drawings Section Section Section Section Section Section Section Section Managerial Assurance Plan Section Water System Ownership Section Assuring Payment for Water Service Section Maintaining A Connection to the Water System Section Certified Public Water System Operator Section Other Requirements of the Management Component of the Business Plan Section Section Section Section Section Financial Assurance Component of the Business Plan Section Summary of Water System Construction Costs Section Schedule of Useful Life of Water System Components Section Five Year Projection of the Business Plan Section Summary of Financial Information Section Section Section Section Section Section Water Rate Notice to Future Water Service Customers PART 372 DESIGN STANDARDS FOR SMALL PUBLIC WATER SYSTEMS Section Purpose; Authority Section Applicability Section Public Water System Capacity Assurance Section Concept Approval For a Small Water System Section Preliminary and Final Well Site Selection Report Section Final Design Review Checklist Section Design Review Fee Section Plans Section Specifications Section Design Flow Section Acceptable Sources of Water Supply Section Required Source Capacity Section Well Location Section Sanitary Protective Area and Permitted Production Volume for Groundwater Sources Section Pumping Tests Section Water Supply Quality Section System Concept xii

13 Section Sizing of Storage Tanks Section Peak Flow Section Sizing and Installing Booster Pumps Section Design and Construction of Pump Station Facilities Section Pumps and Auxiliary Equipment Section Well Appurtances and Pump Installation Section Appurtances and Installation of Storage Tanks Section Wiring and Control Devices Section Verification of Quality of Distribution Pipe Installation Section Distribution System Section System Construction Section Final Certified Inspection PART PART PART 375 DESIGN STANDARDS FOR WATER TREATMENT Section Adoption by Reference Section Submission of Construction Proposals Section Proposal for Chemical Additives Section Inspection of Treatment Facilities Section Section Disinfection - Chlorination Section Quality of Products and Workmanship PART 376 GENERAL DESIGN STANDARDS - DISTRIBUTION Section Adoption by Reference Section Pipes Requiring Sealcoats Section Quality of Products and Workmanship PART 377 GENERAL DESIGN STANDARDS - STORAGE Section Adoption by Reference Section Quality of Products and Workmanship PART 378 SITE SELECTION OF SMALL PRODUCTION WELLS FOR COMMUNITY WATER SYSTEM Section Purpose Section Applicability Section Definitions Section Requirements for New Small Production Wells Section Well Location Relative to Surface Water Section Sanitary Protective Area Section Preliminary Estimate of the Wellhead Protection Area and Proposed Method for Refinement Section Preliminary Contamination Source and Water Use Inventories Section Known Contamination Source Evaluation Section Proposal for Pumping Test and Water Quality Sampling Program Section Preliminary Report Section Criteria and Procedures for Approval or Denial of the Preliminary Report Section Performing the Pumping Test and Water Quality Sampling xiii

14 Section Establishing the Permitted Production Volume Section Wellhead Protection Area Refinement Section Contamination Source and Water Withdrawal Inventory Update and Revision Section Contamination Control Program Section Wellhead Protection Program Section Construction Design Section Final Report Section Criteria for Approval or Denial of New Wells Section Increasing the Permitted Production Volume Section Reducing the Wellhead Protection Area Section Deepening a Small Bedrock Production Well to Regain Lost Well Capacity Section Waivers PART 379 SITE SELECTION OF LARGE PRODUCTION WELLS FOR COMMUNITY WATER SYSTEMS Section Purpose Section Applicability Section Definitions Section Requirements for New Large Production Wells Section Well Location Relative to Surface Water Section Sanitary Protective Area Section Conceptual Hydrogeologic Model Section Preliminary Estimate of the Wellhead Protective Area and Proposed Method for Refinement for Larger Wells Section Preliminary Contamination Sources and Water User Inventories Section Known Contamination Source Evaluation Section Proposal for Pumping Test for Large Production Wells Section Proposal for Water Quality Testing Section Preliminary Report Section Criteria and Procedures for Approval or Denial of the Preliminary Report Section Performing the Pumping Test and Water Quality Sampling Programs Section Establishing the Permitted Production Volume Section Wellhead Protection Area Refinement Section Contamination Source and Water Withdrawal Inventory Update and Revision Section Contamination Control Program Section Wellhead Protection Program Section Construction Design Section Final Report Section Criteria for Approval or Denial of New Wells Section Increasing the Permitted Production Volume Section Reducing the Wellhead Protection Area Section Waivers PART 380 FILTRATION AND DISINFECTION Section Abbreviations Section Definitions Section Purpose and Scope xiv

15 Section Filtration Applicability and Efficacy Section Criteria for Avoiding Filtration Section Reserved Section Disinfection Section Reserved Section Filtration Section Analytical Requirements Section Monitoring Requirements Section Reserved Section Reserved Section Reporting and Recordkeeping Requirements Section Variances and Exemptions Section Enhanced Filtration and Disinfection Section Disinfection Profiling and Benchmarking Section Additional Filtration Requirements for Systems Serving Greater than 10,000 Persons Section Additional Reporting and Recordkeeping Requirements for Systems Serving Greater Than 10,000 Persons PART 381 CORROSION CONTROL TREATMENT, LEAD AND COPPER ACTION LEVELS Section Purpose and Applicability Section Definitions Section Lead and Copper Action Levels Section Summary of Lead and Copper Requirements Section Applicability of Corrosion Control Treatment Steps Section Definition of Optimized Corrosion Control Treatment Section Corrosion Control Treatment, Steps and Deadlines for Large Systems Section Corrosion Control Treatment Steps and Deadlines for Small and Medium Size Systems Section Description of Corrosion Control Treatment Requirements Section Department Evaluation, Approval, and Designation of Optimal Corrosion Control Treatment Section Source Water Monitoring and Treatment Requirements Section Source Water Treatment Requirements, System Recommendation, Department Determination, and Treatment Operation and Maintenance Section Lead Service Line Replacement Section Lead Education Section Location of Lead and Copper Sampling Sites Section Lead and Copper Sample Collection Methods Section Number of Lead and Copper Samples Section Lead and Cooper Monitoring Section Lead and Copper After Installation of Corrosion Control and Source Water Treatment Section Monitoring Water Quality Parameter for Optimal Corrosion Control Treatment Section Reduced and Additional Lead and Copper Monitoring Section Sample Collection Methods for Monitoring Water Quality Parameters Section Number of Water Quality Parameters Samples Section Initial Monitoring of Water Quality Parameters xv

16 Section Monitoring Water Quality Parameters After Installation of Corrosion Control Section Monitoring Water Quality Parameters After the Department Specifies Parameter Values for Optimal Corrosion Control Section Reduced and Additional Monitoring of Water Quality Control Parameters Section Monitoring for Lead and Copper In Source Water Section Lead and Copper Source Water Monitoring Frequency After Installation of Source Water Treatment Section Lead and Copper Reduced Source Water Monitoring Section Collection Procedures and Analytical Methods Section Invalidation of Lead or Copper Tap Water Samples Section Reporting Requirements Section Record-keeping Requirements Section Variances and Exemptions PART 382 DISINFECTANT/DISINFECTION BYPRODUCTS RULE Section Purpose Section Applicability Section Definitions Section Compliance Dates Section Increasing Residual Disinfectant Levels Section Analytical Requirements Section Monitoring Requirements Section Routine Monitoring Requirements for TTHM and HAA5 Section Reduced Monitoring for TTHM and HAA5 Section Monitoring for Chlorite Section Monitoring for Bromate Section Monitoring for Disinfectant Residuals: Chlorine, Chloramine and Chlorine Dioxide Section Monitoring Requirements for Disinfection Byproduct Precursors Section Disinfectant Byproduct Monitoring Plan Section Compliance Determination Section Compliance Determination for TTHM and HAA5 Section Compliance Determination for Bromate Section Compliance Determination for Chlorite Section Compliance Determination for Chlorine, Chloramine, and Chlorine Dioxide Section Compliance Determination for Disinfection Byproducts Precursors Section Reporting and Recordkeeping Requirements Section Treatment Technique for Control of Disinfection Byproduct Precursors Section Enhanced Coagulation and Enhanced Softening Step 1 Performance Requirements Section Alternate Minimum TOC Removal, Step 2 Requirements Section Compliance Calculations PART PART xvi

17 PART 385 PROTECTION OF SURFACE WATER SOURCES USED FOR DRINKING WATER SUPPLIES PART 386 RULES FOR PROTECTING THE PURITY OF REGULATED WATERSHEDS Section Purpose Section Applicability to Regulate Watersheds Section Restriction of Activities Beyond The Setback From Streams and Shorelines Section Waivers Section Section Protection of the Purity of Bradley Lake and Its Watershed Section Protection of the Purity of Jackson Pond and Sky Pond and Their Watersheds Section Protection of the Purity of Swains Lake and Its Watershed - Section Protection of the Purity of Albany Brook and Its Watershed Section Protection of the Purity of the Upper Ammonoosuc River Godfrey Dam and Its Watershed Section Protection of the Purity of the Androscoggin River and Its Watershed - Section Protection of the Purity of Gale River and Its Watershed - Section Protection of the Purity of Zealand River and Its Watershed - Section Protection of the Purity of Canaan Street Lake and Its Watershed Section Protection of the Purity of Whitewater Brook, Rice Reservoir and Dole Reservoir and Their Watersheds Section Protection of the Purity of Sugar River and Its Watershed - Section Protection of the Purity of Penacook Pond and Its Watershed Section Protection of the Purity off Contoocook River and Its Watershed - Section Protection of the Purity of Oyster River and Its Watershed - Section Protection of the Purity of Lamprey River and Its Watershed - Section Protection of the Purity of Dearborn Brook and Its Watershed - Section Protection of the Purity of Exeter River and Its Watershed - Section Protection of the Purity of Whittle Brook and Goffstown Reservoir and Its Watershed Section Protection of the Purity of Icy Gulch and Watershed - Section Protection of the Purity of Perkins Brook Watershed - Section Protection of the Purity of Tobey Reservoir and Its Watershed Section Protection of the Purity of Juggernaut Pond and Its Watershed - Section Protection of the Purity of Camp Including the Upper & Lower Hanover Reservoir and Hanover Center Reservoir and their Watersheds Section Protection of the Purity of Ammonoosuc River and Its Watershed - Section Protection of the Purity of Loon Lake and Its Watershed Section Protection of the Purity of Bear Pond and Its Watershed Section Protection of the Purity of Woodward Pond, Roaring Brook, Babbidge Reservoir and Their Watershed Section Protection of the Purity of Lake Winnipesaukee and Lake Paugus xvii

18 Section Protection of the Purity of Garland Brook and Its Watershed Section Protection of the Purity of Mascoma River and Its Watershed - Section Section Protection of the Purity of Loon Pond and Loon Reservoir and Its Watershed - Section Protection of the Purity of the East Branch of the Pemigewasset River and Its Watershed - Section Protection of the Purity of the Water of the North Branch of the Gale River Section Protection of the Purity of the Water of the South Branch of the Gale River Section Protection of the Purity of the Water of Lake Massabesic and Its Tributaries Section Section Protection of the Purity of the Water of Lake Waukewan and Its Watershed Section Protection of the Purity of Pennichuck Brook and Its Watershed Section Protection of the Purity of Merrimack River and Its Watershed Section Protection of the Purity of Mountain Pond and Its Watershed Section Protection of the Purity of Follett Brook and Its Watershed Section Protection of the Purity of Piscassic River and Its Watershed - Section Protection of the Purity of Lamprey River and Its Watershed - Section Protection of the Purity of the Water of Gilman Pond and Its Watershed in the town of Unity Section Protection of the Purity of Berry Pond and Its Watershed Section Protection of the Purity of the Bellamy Reservoir and Its Watershed Section Protection of the Purity of Round Pond and Rochester Reservoir and their Watersheds Section Protection of the Berry's River and Its Watershed Section Protection of the Purity of the Water of Canobie Lake and Its Watershed Section Protection of the Purity of Arlington Mills Reservoir and Its Watershed - Section Protection of the Purity of Salmon Falls River and Its Watershed - Section Protection of the Purity of Lake Sunapee and Its Watershed Section Protection of the Purity of Knowles Pond and Its Watershed Section Protection of the Purity of Unnamed Tributary of Tioga River Section Protection of the Purity of Connecticut River and Its Watershed - Section Protection of the Purity of the Water of Fassett Brook Reservoir Section Protection of the Purity of Upper Beech Pond and Its Watershed PART 387 MINOR GROUNDWATER WITHDRAWAL Section Purpose Section Definitions Section Minor Withdrawal Designation Section Minor Large Withdrawal Approval Process and Requirements xviii

19 Section Conservation Management Plan and Description of Need Section Study Area Estimate Section Water Resource and Use Inventory of the Study Area Section Withdrawal Testing Program Design Section Minor Large Withdrawal Designation Request Section Public Notification Section Hydrologic Evaluation by the Department Section Procedures and Criteria to Approve, Deny, or Revoke a Minor Withdrawal Designation Section Withdrawal Testing Section Minor Withdrawal Permit Application Section Procedure and Criteria to Issue, Suspend or Revoke a Minor Large Withdrawal Permit Section Minor Withdrawal Permits Section Procedure and Criteria for Minor Withdrawal Permit Modifications Section Procedures and Criteria for Minor Withdrawal Permit Renewal Section Adverse Impact Criteria, Reporting, Response and Mitigation Section Other Requirements Section Waivers PART 388 MAJOR GROUNDWATER WITHDRAWAL Section Purpose Section Definitions Section Major Withdrawal Designation Criteria Section Requirements for Major Withdrawals Section Conservation Management Plan and Description of Need Section Conceptual Hydrologic Model of the Withdrawal Section Preliminary Water Resource and Use Inventory Section Estimation of Withdrawal Effects Section Withdrawal Testing Program Design Section Major Withdrawal Permit Application Section Public Notification Section Optional Pre-Testing Conference Section Withdrawal Testing Section Conceptual Hydrologic Model Refinement Section Water Resource and Use Inventory Update and Revision Section Impact Description Section Report Section Adverse Impact Criteria Section Adverse Impact Reporting and Response Section Impact Monitoring and Reporting Program Section Procedures and Criteria for Impact Mitigation Section Procedures and Criteria for Source Replacement Section Procedure and Criteria to Issue, Deny, or Suspend a Major Withdrawal Permit Section Withdrawal Permit Section Procedure and Criteria for Permit Modifications Section Procedures and Criteria for Major Withdrawal Permit Renewal Section Other Requirements Section Waivers xix

20 PART 389 GROUNDWATER SOURCES OF BOTTLED WATER Section Purpose Section Applicability Section Definitions Section Requirements for Approval Section Wellhead Location Section Sanitary Protective Area Section Conceptual Hydrogeologic Model Section Preliminary Estimate of the Wellhead Protection Area Section Preliminary Contamination Source and Water Withdrawal Inventory Section Optional Pre-Test Conference Section Source Evaluation Section Permitted Production Volume Section Source Classification Section Source Classification Statement Section Wellhead Protection Area Delineation Section Contamination Source and Water Withdrawal Inventory Update and Revision Section Contamination Control Program Section Construction Design Section Report Section Criteria for Approval or Denial of New Sources Section Increasing the Permitted Production Volume Section Sampling Requirements for New and Existing Sources Section Waivers PARTS PART 393 PUBLIC WATER SUPPLY GRANTS Section Purpose Section Definitions Section General Eligibility for Grants Section Eligibility for Reimbursement Grants Section Eligibility for Supplemental Grants Section Determining Average Cost of Water Service Section Application for Grants Section Continuing Eligibility for Supplemental Grants PART 394 WATER SUPPLY LAND GRANT PROGRAM Section Purpose Section Definitions Section Process for Obtaining Water Supply Land Grants Section Eligibility Cycles Section Eligibility Criteria Section Match Criteria Section Project Eligibility Application Section Eligibility Determination Section Grant Application Cycles and Review Section Grant Application Requirements Section Application Ranking and Selection xx

21 Section Environmental Site Assessment Requirements Section Survey Requirements Section Appraisal Requirements Section Appraisal Standards Section Title Examination Requirements Section Conservation Easement and Deed Language Requirements Section Stewardship Requirements Section Final Approval, Execution, and Deed Recordation Section Procedure for Release of Lands Acquired Which Protect a Non-viable Source Section Waivers xxi

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