§ 485:41 — Duties of Department

The department shall:
I. Monitor the operation and maintenance of new and existing public water systems and privately owned redistribution systems.
II. Adopt rules governing the maintenance and operation of public water systems to ensure compliance with drinking water standards and to protect the public health.
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.
IV. Adopt rules establishing recordkeeping, reporting and testing requirements for public water systems.
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.
VI. Undertake long-range planning and studies, within available state and federal funding, relating to the purity of drinking water in the state.
VII. Make available to the public the analytical results of all monitoring and testing undertaken pursuant to this chapter.
VIII. Adopt a fee system in recognition of services provided by the water supply engineering bureau including the issuance of an operational permit for public water systems subject to this chapter. The commissioner shall adopt rules establishing the application process for the issuance of operational permits pursuant to RSA 541-A. The fee category for community systems per year shall be $300, but in no case shall the fee exceed $10 per household or household equivalent. The fee category for non-transient and non-community systems shall be $150 per year. All fees shall be paid to the department for deposit in the operational permits account. Moneys in the operational permits account shall be used to pay the salaries, benefits and expenses of the staff in the department's drinking water supply program. Any revenues generated in excess of the costs of funding the drinking water supply program's expenses, shall lapse to the general fund at the close of each fiscal year to be used to offset the future general fund appropriation for the water supply program.
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.

Legislative History

1989, 339:1. 1990, 163:4. 1991, 380:3. 1996, 228:72, 106. 2002, 8:9. 2008, 279:6-9, eff. July 1, 2009.