1. (a) A rule identified in Table 102-1, below, shall not apply to a political subdivision pursuant to Part 1, Article 28-a of the N.H. Constitution, if:

   1. (1) Compliance with the particular rule necessitates additional local expenditures by the political subdivision compared to compliance with the corresponding rule in Env-Ws 300 that was in effect prior to the effective date of the rule; and
   2. (2) The state has not fully funded the additional expenditure and the local legislative body of the political subdivision has not approved funding to comply with the rule.

2. (b) The rules to which the exemption in (a), above, applies shall be as listed in Table 102-1, subject to the definitions in (c), below:

   Table 102-1

   Post-1984 Requirements that Are Not Federal Requirements

   Rule

   Description

   Env-Ws 307.01 or successor rules in Env-Dw 406 ^A

   Standards of the American Water Works Association as described in (c)(1), below

   Env-Dw 703.02, Env-Dw 710.05

   Radon sampling for new water supply sources

   Env-Dw 704.01(c) and Env-Dw 706.01(b)

   Fluoride MCL and SMCLS in Table 704-1 and Table 706-1 for NTNC systems only as identified in Env-Dw 704.01(c)

   Env-Dw 705.03(d)

   MCLGs for disinfectant residual level goals in Table 705-4

   Env-Dw 706

   Monitoring for secondary contaminants

   Env-Ws 360.13; Env-Dw 503.15

   Inspection frequency of public water systems

   Env-Ws 361.03; Env-Dw 504.04

   5-year source pump test

   Env-Ws 361.04; Env-Dw 504.05

   Distribution system flushing

   Env-Ws 361.05; Env-Dw 504.06

   Operating distribution valves

   Env-Ws 361.08; Env-Dw 504.09

   Inspection and maintenance of storage tanks

   Env-Ws 370.01 or successor rules in Env-Dw 401 ^B

   General design standards as described in (c)(2), below

   Env-Ws 370.02 or successor rules in Env-Dw 401

   Design review fee

   Env-Ws 370.03 or successor rules in Env-Dw 401 ^A

   Quality of product and workmanship as described in (c)(1), below

   Env-Ws 372.07 or successor rules in Env-Dw 404

   Design review fee for small community water systems

   Env-Ws 372.16 or successor rules in Env-Dw 404

   Water supply quality

   Env-Ws 372.17(f) or successor rules in Env-Dw 404

   Extra tank for fire storage

   Env-Ws 372.22(b) or successor rules in Env-Dw 404

   Alarm silencer and labels

   Env-Ws 372.22(e) or successor rules in Env-Dw 404

   Pressure gauge

   Env-Ws 372.22(f) or successor rules in Env-Dw 404

   Immediate disinfection

   Env-Ws 372.22(g) or successor rules in Env-Dw 404

   Off / on / alarm for pump controls

   Env-Ws 372.22(i) or successor rules in Env-Dw 404

   Oiless air compressor

   Env-Ws 372.23(g) or successor rules in Env-Dw 404

   Air tube for electronic drawdown probe

   Env-Ws 372.24(d)(2) or successor rules in Env-Dw 404

   Passive cathodic protection system

   Env-Ws 372.24(e) or successor rules in Env-Dw 404

   Capped filler pipe

   Env-Ws 372.25(b) or successor rules in Env-Dw 404

   Wiring and control devices

   Env-Ws 372.32(l) or successor rules in Env-Dw 404

   Tracer tape above pipe

   Env-Ws 372.32(m) or successor rules in Env-Dw 404

   “Gate” on valve box

   Env-Ws 373.06 or successor rules in Env-Dw 405

   Design review fee

   Env-Ws 373.14 or successor rules in Env-Dw 405

   Water supply quality

   Env-Ws 373.15 or successor rules in Env-Dw 405

   Extra tank for fire storage

   Env-Ws 373.17(b) or successor rules in Env-Dw 405

   Pressure gauge

   Env-Ws 373.17(c) or successor rules in Env-Dw 405

   Off / on / alarm for pump controls

   Env-Ws 373.17(d) or successor rules in Env-Dw 405

   Oiless air compressor

   Env-Ws 373.25 or successor rules in Env-Dw 405

   “Gate” on valve box

   Env-Ws 374.09 or successor rules in Env-Dw 403 ^A

   Quality of products and workmanship as described in (c)(1), below

3. (c) The definitions for Table 102-1 shall be as follows:

   1. (1) “A” means that relative to the standards of the American Water Works Association (AWWA) as incorporated by reference in Env-Ws 307.01 or successor rules in Env-Dw 406, only the changes since 1984 shall be subject to the exemption in (a), above.
   2. (2) “B” means that relative to the Recommended Standards for Water Works, as incorporated by reference in Env-Ws 370.01 and Env-Ws 374.01 or successor rules in Env-Dw 401 and Env-Dw 403, only the changes since the 1982 edition shall be subject to the exemption in (a), above.

Source. (See Revision Note at chapter heading for Env-Dw 100) #10606, eff 6-1-14