Revision: Jan. 1, 2008, midnight
CHAPTER 279
HB 1202 – FINAL VERSION
13Feb2008… 0338h
05/14/08 1586s
04Jun2008… 2069eba
2008 SESSION
06/10
HOUSE BILL 1202
AN ACT relative to monitoring privately owned water distribution programs and defining “eligible regional water system costs” for public water systems.
SPONSORS: Rep. Fargo, Straf 4; Rep. Kappler, Rock 2; Rep. Gottling, Sull 3; Rep. Spang, Straf 7
COMMITTEE: Resources, Recreation and Development
This bill:
I. Subjects privately owned redistribution systems to certain provisions of the Safe Drinking Water Act.
II. Defines “eligible regional water system costs” for aid to public water systems.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13Feb2008… 0338h
05/14/08 1586s
04Jun2008… 2069eba
08-2226
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to monitoring privately owned water distribution programs and defining “eligible regional water system costs” for public water systems.
Be it Enacted by the Senate and House of Representatives in General Court convened:
279:1 Safe Drinking Water Act; Privately Owned Redistribution Systems. Amend RSA 485:1, II to read as follows:
II. In order to implement a comprehensive drinking water protection program, the department of environmental services shall:
(a) Monitor the water quality of public water supplies and privately owned redistribution systems.
(b) Provide technical assistance to water operators and the general public.
(c) Review the design of proposed public water systems, privately owned redistribution systems, and alterations for existing systems. Review of the alteration of existing privately owned redistribution systems shall be limited to alterations that involve more than 500 feet of new installation of distribution piping or the addition of new exterior pumping or storage facilities.
(d) Periodically conduct sanitary surveys of public water systems and privately owned redistribution systems to make certain of proper safety and operation.
(e) Require that public water supplies comply with all pertinent federal and state statutes and rules.
(f) Educate citizens for the need and methods of providing safe and adequate drinking water.
(g) Approve sources of water used in the manufacture of bottled water.
279:2 New Subparagraph; Monitoring. Amend RSA 485:1, II by inserting after subparagraph (g) the following new subparagraph:
(h) Monitor the operation and maintenance of privately owned redistribution systems.
279:3 New Paragraph; Definitions. Amend RSA 485:1-a by inserting after paragraph XIV the following new paragraph:
XIV-a. “Privately owned redistribution system” means a system for the provision of piped water for human consumption which does not meet the definition of public water system under paragraph XV, and meets all the following criteria: (1) obtains all of its water from, but is not owned or operated by, a public water system; (2) serves a population of at least 25 people, 10 household units, or 15 service connections, whichever is fewest, for at least 60 days per year; and (3) has exterior pumping facilities, not including facilities used to reduce pressure, or exterior storage facilities which are not part of building plumbing.
279:4 New Paragraph; Power to Require Improvements. Amend RSA 485:4 by inserting after paragraph II the following new paragraph:
III. The department may investigate the sanitary conditions and methods pertaining to pumper stations, piping, storage, and treatment facilities of privately owned redistribution systems which present a threat to public health and safety. If the department determines that action, such as disinfection, is necessary, the municipality, corporation, or person shall be so notified in writing and the action so ordered shall be effected within a reasonable time to be fixed by the department. Replacement of existing infrastructure shall only be required in response to a specific public health threat. Appeals of actions of the department may be made under RSA 485:59. The department may set intermediate goals and time frames to assist municipalities, corporations, or persons to abide by an order of the department under this paragraph.
279:5 Approval of Construction Plans. Amend RSA 485:8, I and II to read as follows:
I. No person, proposing to supply water for domestic uses through a public water system or privately owned redistribution system, shall construct any new system, or enlarge any existing system, for supplying water to the public without first submitting detailed plans of the proposed construction to the department and securing its approval of such plans. The department shall examine the topography and the watershed, complete an engineering review of the plans and specifications for said proposed construction, and make chemical and bacteriological analysis of the waters of the proposed supply, before approval is granted. The requirements of this paragraph shall only apply to privately owned redistribution systems if the construction or enlargement of an existing system involves more than 500 feet of new installation of distribution piping or the addition of any new exterior pumping or water storage facility. Any review of plans for a privately owned redistribution system shall be completed within 30 days of the submission of such plans.
II. No new construction, addition, or alteration involving the source, treatment, distribution, or storage of water in any public water system or privately owned redistribution system shall be commenced until the plans and specifications have been submitted to and approved in accordance with rules adopted by the department; except, if such construction, addition, or alteration is exempted by the department because it will have no effect on public health or welfare, then such submission and approval is not required. In granting approval of plans and specifications, the department may require modifications, conditions, or procedures to ensure, as far as feasible, the protection of the public health. The department may require the submission of water samples for analysis to determine the extent of treatment required. Records of construction, including, where possible, plans and descriptions of existing public water systems and privately owned redistribution systems, shall be maintained by such systems and shall be made available to the department upon request. The requirements of this paragraph shall only apply to privately owned redistribution systems if the construction, addition, or alteration of an existing system involves more than 500 feet of new installation of distribution piping or the addition of any new exterior pumping or water storage facility. Any review of plans for a privately owned redistribution system shall be completed within 30 days of the submission of such plans.
279:6 Duties of Department. Amend RSA 485:41, I to read as follows:
I. Monitor the operation and maintenance of new and existing public water systems and privately owned redistribution systems.
279:7 Duties of Department. Amend RSA 485:41, III to read as follows:
III. Adopt rules governing the installation of pipes, fixtures and other apparatus which are used to connect the water system or privately owned redistribution system to a building. Such rules shall be considered minimum standards. The department shall adopt the International Plumbing Code as published by the International Code Council by reference, provided the department specifies which sections of the code are in force in New Hampshire and makes specific any discretionary provisions in the code subject to approval by the state building code review board. The department shall periodically review the rules adopted under this paragraph to assure that they are no less stringent than the requirements of the current code.
279:8 Duties of Department. Amend RSA 485:41, V to read as follows:
V. Enter, and authorize its employees and agents to enter, the premises of all public water systems and privately owned redistribution systems for the purpose of carrying out inspection and for the purpose of taking water samples, to determine compliance with the provisions of this chapter or rules adopted under it, and to inspect any and all records and facilities of such public water supply or privately owned redistribution system in order to determine compliance with this chapter and rules adopted under it.
279:9 New Paragraph; Adoption of Rules. Amend RSA 485:41 by inserting after paragraph VIII the following new paragraph:
IX. Adopt rules applying to privately owned redistribution systems requiring:
(a) Periodic monitoring of coliform bacteria and public notification, and remedial action in case of violation of bacterial water quality standards, consistent with the rules which apply to public water systems for such bacterial water quality standards.
(b) Retention of a primary water operator who maintains an operating certificate at a minimum grade 1-A level.
(c) Inspection and maintenance of exterior pumping stations, distribution networks, and exterior storage tanks.
(d) Design standards for new and replacement facilities consistent with the rules which apply to public water systems as limited by the provisions of RSA 485 concerning privately owned redistribution systems, and provided that such rules require that any plans review required by RSA 485 shall be completed within 30 days of the submission of such plans.
279:10 Definitions. Amend RSA 486-A:2, III-b to read as follows:
III-b. “Eligible regional water system costs” means that portion of the costs of construction and related services attributable, as determined by the department, or the entire cost of permanent construction and related services attributable, as approved by the department in accordance with the provisions of RSA 485:8, for communities that qualify for United States Department of Agriculture rural utilities water and wastewater program direct loans, guarantees, and grants and public water systems that are eligible for any other needs based federal assistance to the provision of water for domestic, commercial, or fire protection purposes, whether as routine supply or emergency reserve supply, through one or more of the interconnections that form a regional water system, but shall not include any of the following:
(a) Land acquisition, except for land which shall be an integral part of a well system or filtration system.
(b) Easements and rights-of-way necessary to the project.
(c) Distribution systems and any improvement thereto not necessary for the municipality to achieve compliance with the surface water treatment rules.
(d) Administrative, legal, and fiscal costs related to the project.
279:11 Applicability. The provisions of section 10 of this act shall be applicable to loans made under RSA 486-A on or after July 1, 2003.
279:12 Effective Date.
I. Sections 10 and 11 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect July 1, 2009.
Approved: June 27, 2008
Effective Date: I. Sections 10 and 11 shall take effect June 27, 2008.
II. Remainder shall take effect July 1, 2009.