1. (a) The owner of a CWS may request the department to classify the system as a non-community water system by submitting the following to the department in writing:

   1. (1) A sworn affidavit attesting that fewer than 25 people reside at the location for greater than or equal to 6 months per year;
   2. (2) Flow records from the system, including from each source which is part of the system for at least the 2 most recent years; and

   3. (3) One or more of the following types of documentation to demonstrate that the statement provided pursuant to (1) above, is true, complete, and not misleading:

      1. a. Voter registration location for each occupant;
      2. b. Tax records listing the permanent residence for each occupant;
      3. c. Driver’s licenses for each occupant; or
      4. d. The lease or deed restriction, association by-laws, or legal instrument that limits occupancy by the same people to less than 6 months per year.
2. (b) The department shall classify a PWS as a non-community water system if the water system is designed to regularly serve 25 or more people per day for 60 or more days per year but is not a CWS.
3. (c) The department shall classify a PWS serving a kindergarten or day care center as a non-transient non-community water system if the water system serves 25 or more people, including children and staff, over a 6 month or longer period, as determined by the license issued for such kindergarten or day care center pursuant to the child care licensing program of the New Hampshire department of health and human services.

Source. (See Revision Note at part heading for Env-Dw 401) #10608, eff 6-1-14; ss by #14158, eff 12-25-24 (formerly Env-Dw 401.02)