(b) The department shall include such conditions in a waiver as are necessary to ensure that the criteria specified in Env-Dw 1507.05 are met, including if applicable the implementation of alternatives.

Source. #14201, eff 2-26-25

APPENDIX A: STATE STATUTES IMPLEMENTED

Rule Section(s)

State Statute(s) Implemented

Env-Dw 1500

RSA 485-H

Env-Dw 1506

RSA 541-A:22, IV

APPENDIX B: STATUTORY DEFINITIONS

RSA 485:1-a

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(c) Does not sell water to any person.

1. (1) A single person, who may be:

   1. (i) An elderly person, displaced person, disabled person, near-elderly person, or any other single person;
   2. (ii) An otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or

2. (2) A group of persons residing together, and such group includes, but is not limited to:

   1. (i) A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);
   2. (ii) An elderly family;
   3. (iii) A near-elderly family;
   4. (iv) A disabled family;
   5. (v) A displaced family; and

   6. (vi) The remaining member of a tenant family.

      § 141.2 Definitions.

      Point-of-entry treatment device (POE) is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

      Point-of-use treatment device or point of use device (POU) is a water treatment device physically installed or connected to a single fixture, outlet, or tap to reduce or remove contaminants in drinking water. For the purposes of subpart I of this part, it must be certified by an American National Standards Institute accredited certifier to reduce lead in drinking water.

      Service connection, as used in the definition of public water system, does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if:

   7. (1) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses);
   8. (2) The State determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or
   9. (3) The State determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations.

APPENDIX C: REFERENCED FEDERAL DEFINITIONS

§ 5.403 Definitions.

Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status: