Section Env-Dw 801.05 - Violations and Other Situations for Which Acute Public Notice is RequiredThe O/O shall provide acute public notice, in accordance with Env-Dw 801.01 through Env-Dw 801.04 and Env-Dw 801.07, of any of the following violations or situations:
(a) Any violation of the MCL for E.coli specified in Env-Dw 702;(b) Any detection of E.coli as specified in Env-Dw 709.19, subject to Env-Dw 709.20;(c) Any detection of E.coli, enterococci, or coliphage in the groundwater source at a system that is subject to Env-Dw 717;(d) Any violation of the MCL for nitrate, nitrite, or total nitrate and nitrite as specified in Env-Dw 704.02 and determined in accordance with Env-Dw 707, Env-Dw 708, and Env-Dw 711;(e) Any failure to collect a confirmation sample of nitrate, nitrite, or total nitrate and nitrite within 24 hours of the water system's receipt of the first sample results showing an exceedance of the nitrate or nitrite MCL, if required pursuant to Env-Dw 708 or Env-Dw 711;(f) Any violation of the chlorine dioxide MRDL as specified in Env-Dw 705.04(c), where: (1) The required samples were not collected in the distribution system; or(2) One or more samples collected in the distribution system the day following an exceedance of the MRDL at the entrance of the distribution system exceed the MRDL;(g) Any violation of the turbidity MCL specified in 40 CFR 141.13(b) if: (1) The O/O fails to consult with the department within 24 hours of learning of the violation as required by Env-Dw 801.04(b); or(2) After the required consultation, the department determines, based on the circumstances causing or contributing to the violation, that public notice is required to protect public health and safety;(h) Any violation of a treatment technique requirement specified in the federal requirements relating to filtration and disinfection that are incorporated by Env-Dw 716, resulting from a single exceedance of the maximum allowable turbidity limit, if: (1) The O/O fails to consult with the department within 24 hours of learning of the violation as required by Env-Dw 801.04(b); or(2) After the required consultation, the department determines, based on the circumstances causing or contributing to the violation, that public notice is required to protect public health and safety;(i) Any occurrence of a waterborne disease outbreak as defined in 40 CFR 141.2;(j) Any occurrence of a waterborne emergency, including, but not limited to: (1) A failure or significant interruption of key water treatment processes or distribution;(2) A natural disaster that disrupts the water supply or distribution system; or(3) A chemical spill or the unexpected introduction of possible pathogens or substances into the source water that significantly increases the potential for drinking water contamination; and(k) Any other violation or situation that has significant potential to cause serious adverse effects on human health as a result of short-term exposure, that is: (1) Identified in Env-Dw 700; or(2) Determined by the department after consultation with the O/O to warrant public notice in order to protect public health and safety.N.H. Admin. Code § Env-Dw 801.05
(See Revision Note at chapter heading for Env-Dw 800) #9730, eff 6-30-10
Amended by Volume XXXV Number 06, Filed February 12, 2015 , Proposed by #10771, Effective 2/1/2015, Expires2/1/2025.Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by 12675, Effective 1/1/2019, Expires 1/1/2029.