1. (a) No well construction or water system design shall commence on a proposed small CWS until a concept approval is issued by the department.

2. (b) The issuance of concept approval for a proposed small CWS shall be based on the following criteria:

   1. (1) Water service from another approved PWS is not available, determined based on the willingness of the potential provider to offer service and a comparison of the overall project cost to extend water service versus the overall project cost of constructing the proposed small CWS;
   2. (2) The method of operation of the proposed small CWS is adequate to ensure that all applicable requirements of subtitle Env-Dw are met;
   3. (3) The proposed small CWS is consistent with state, regional, or local water resource or water supply management plans for the area;
   4. (4) The proposed small CWS ownership and operation is consistent with other New Hampshire public utility commission (PUC) franchises in the area;
   5. (5) The proposed small CWS will use the best feasible source of water available; and
   6. (6) The use of surface water shall not be allowed as source water for any small CWS. If the department waives this requirement in accordance with Env-Dw 405.33, the design standards specified in Env-Dw 404 shall apply to the collection and treatment facilities associated with the surface water source.
3. (c) For purposes of this section, the best feasible source of water shall be determined based on a comparison of alternatives based on project cost and other technical factors. Such a comparison shall include capital and operational costs to provide an equivalent level of safe and reliable water supply service from an entity having adequate financial and managerial capability.

4. (d) Favorable criteria for the best feasible source of water concept shall include an interconnection with any of the following:

   1. (1) Larger PWSs;
   2. (2) PWSs that have full time employees who have higher levels of training and experience in the water works profession;
   3. (3) PWSs with large volume water storage tank(s); and
   4. (4) PWSs that have available equipment, controls, and communications that better ensure the reliability of operations and water quality.

Source. (See Revision Note at part heading for Env-Dw 405) #10612, eff 6-1-14; ss #14158, eff 12-25-24 (formerly Env-Dw 405.04)