Section Env-Ws 346.02 - Variances and Exemptions from the Maximum Contaminant Levels for Inorganic Chemicals(a) The department shall require community water systems and non-transient, non-community water systems to install and use any treatment method identified in Env-Ws 346.01 as a condition for granting a variance except as provided in (b), below. If after the system installs the treatment method the system still cannot meet the MCL, the system shall be eligible for a variance.(b) If a system can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in Env-Ws 346.01 would only achieve a de minimis reduction in contaminants, the department shall issue a schedule of compliance that requires the system being granted the variance to examine other treatment methods as a condition of obtaining the variance.(c) If the department determines that a treatment method identified in (b), above, is technically feasible, the department shall require the system to install and use that treatment method in connection with a compliance schedule. The department's determination shall be based upon studies by the system and other relevant information.(d) The department shall require a public water system to use bottled water or point-of-use devices or other means as a condition for granting a variance or an exemption from the requirements of Env-Ws 314.01, to avoid an unreasonable risk to health.(e) Public water systems that use bottled water as a condition for receiving a variance or an exemption from the requirements of Env-Ws 314.01 shall meet the requirements of Env-Ws 308 concerning bottled water.(f) Systems that are approved to use a point-of-use or point-of-entry device to obtain a variance or exemption shall meet the condition(s) for such devices in Env-Ws 308.N.H. Admin. Code § Env-Ws 346.02
(See Revision Note at chapter heading Env-Ws 300) #6521, eff 6-4-97; ss by #8360, INTERIM, eff 6-4-05, EXPIRES: 12 -1-05 ; ss by #8497, eff 11-30-05