PURPOSE: The amendment provides a construction
authorization exemption for public water systems for certain routine
maintenance and repair; incorporates a document by reference; and clarifies the
timeframe for a subdivision to apply for a permit to dispense.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Community Water System and Subdivision
Requirements.
(A) Written Construction
Authorization. A supplier of water must obtain written authorization from the
department prior to construction, alteration, or extension of any community
water system or a water system serving a subdivision, unless the project will
be constructed under the provisions of
10 CSR
60-10.010(2)(C) 2. or the project is
exempt as specified in 10 CSR
60-3.010(4).
1.
Two (2) copies of predesign studies pertaining to the project must be submitted
to the department before plans and specifications for new water systems or for
significant changes to existing water systems are reviewed for
approval.
2. Construction
authorization shall be requested by submitting written application and two (2)
copies of the plans and specifications, as outlined in
10 CSR
60-10.010(2), for the proposed
project to the department for review and approval.
3. Preparation of engineering reports, plans,
and specifications and inspection of construction for the purpose of assuring
compliance with drawings and specifications must be done by an engineer as
defined by
10 CSR
60-2.015(2)(E) 2.
4. A construction authorization shall be
valid for a period of two (2) years from the date of authorization provided
construction commences within the two (2) year timeframe.
(B) Final Construction Approval. Final
construction approval must be obtained from the department for all projects for
which construction authorization was issued, before that project is placed into
service. A supplier of water which operates a community water system need not
obtain construction approval for projects constructed under the provisions of
10 CSR
60-10.010(2)(B).
(C) Supervised Construction Program. A
supplier of water which operates a community water system may establish a
supervised construction program as specified in
10 CSR
60-10.010(2)(B).
(D) Permit to Dispense. Except as exempted in
subsection (3)(A) of this rule, no water may be dispensed or be made available
to the public by any person without first applying for in writing and receiving
a permit to dispense water. The department shall issue permits to dispense
water to community water systems under the following terms and conditions:
1. A supplier of water establishing a new
community water system must, in order to obtain a permit to dispense water-
B. Present evidence of the ability to produce
water meeting applicable maximum contaminant levels;
C. Present evidence of reliable water system
operation, consistent with the type of treatment and the degree of automatic
control provided;
E. For community water systems commencing
operation after October 1, 1999, provide proof of continuing operating
authority as set forth under
10 CSR
60-3.020 and meet the technical, managerial and
financial capacity requirements of 10 CSR 603.030; and
2. A supplier of water which operates an
existing community water supply not holding a valid permit to dispense water is
operating in violation of the Missouri drinking water statutes and regulations
and must apply to the department in writing for a permit. Water suppliers in
this category must-
A. Present evidence to the
department of the ability to produce water meeting applicable maximum
contaminant levels;
B. Present
evidence of reliable water system operation, consistent with the type of
treatment and the degree of automatic control provided;
C. Submit, in duplicate, certified plans and
specifications describing the water source, any treatment facilities and the
distribution system to the department. Certification must be either by the
engineer preparing the information or if prepared by the owner, be a properly
notarized affidavit;
D. Provide
disinfection with an effective contact time for wells used as a source of
supply which were constructed prior to October 1, 1979, and which do not meet
community water system construction criteria or where construction cannot be
verified by the owner; and
(2) Noncommunity Water System Requirements.
(A) Permit to Dispense. Except as exempted in
subsection (3)(A) of this rule, a supplier of water which operates a
noncommunity water system must apply in writing to the department for a permit
to dispense water to the public. Noncommunity public water systems must present
evidence to the department of-
1. The ability
to produce water meeting applicable maximum contaminant levels;
2. Reliable water system operation,
consistent with the type of treatment and the degree of automatic control
provided; and
3. For nontransient
noncommunity water systems commencing operation after October 1, 1999,
continuing operating authority meeting the requirements of
10 CSR
60-3.020 and technical, managerial and financial
capacity meeting the requirements of
10 CSR
60-3.030.
(B) Construction Authorization. Each
noncommunity supplier of water must notify the department, in advance, of the
intent to construct a new or expand an existing water system unless the project
is exempt as specified in 10 CSR
60-3.010(4).
1. Noncommunity water systems must obtain
written authorization from the department prior to construction, alteration, or
extension of the system.
2.
Noncommunity water systems utilizing ground-water shall be constructed in
accordance with the department's "Standards for Non-Community Public Water
Supplies, 1982," document published by the Department of Natural Resources, PO
Box 176, Jefferson City, MO 65102-0176, dated 1982 which is hereby incorporated
by reference without any later amendments or additions.
(3) Permits to Dispense
Water.
(A) Applicability.
1. A water supply meeting all the following
conditions is not considered a public water system and as such, is not required
to have a permit to dispense if that water supply:
A. Consists only of distribution and storage
facilities;
B. Obtains all of its
water from, but is not owned or operated by a public water system to which the
regulations apply;
C. Does not sell
water to any person; and
D. Is not
a carrier which conveys passengers in interstate commerce.
2. Water systems serving subdivisions are
public water systems unless each lot or tract is supplied by a private well
with no interconnections to a distribution system and must have a permit to
dispense water when serving the thresholds established for community and
noncommunity public water systems.
3. Community and noncommunity water systems
except as exempted in paragraph (3)(A)1. and 2. of this rule must have a permit
to dispense water.
(B)
Modification or Revocation of a Permit to Dispense. The department may modify
or revoke a permit to dispense water, subject to the appeal provisions of
section 640.115.5, RSMo, upon a finding that any of the following have
occurred:
1. The holder of a permit ceases to
function as a public water supply;
2. The holder of a permit fails to correct an
operating deficiency or comply with these regulations within a reasonable time
after receipt of notice from the department;
3. The department determines that an
emergency condition exists in a water supply which endangers, or could be
expected to endanger, the health of a person(s) consuming affected
water;
4. The public water system
changes ownership and the continuing operating authority, as defined in
10 CSR
60-3.020, fails to meet the requirements of
10 CSR
60-3.020; or
5. For community water systems and
nontransient noncommunity water systems against which an administrative order
has been issued for significant noncompliance with the federal or state
drinking water law or regulations, the water system fails to show that a
permanent organization exists that serves as the continuing operating authority
and that the continuing operating authority has the necessary technical,
managerial, and financial capability for the management, operation,
replacement, maintenance, and modernization of the public water system, or the
water system is not making substantial progress toward compliance. The
continuing operating authority may reapply for a permit to dispense when the
compliance issues are resolved.
(4) Construction Authorization Exemptions.
(A) The following types of projects are
exempt from obtaining construction authorization prior to construction:
1. Repair of water main leaks and breaks with
the same size and type of pipe;
2.
Replacement of a well pump of the same type, horsepower, pump rate, and
elevation;
3. Replacement of a
bladder tank with a storage capacity of less than one hundred twenty (120)
gallons with the same size bladder tank;
4. Painting of a storage tank with paint
approved by the National Sanitation Foundation/American National Standards
Institute (NSF/ANSI);
5. Internal
plumbing and piping replacement within a water system treatment
facility;
6. Replacement of a fire
hydrant with a hydrant of the same size, type, and flow rate; and/or
7. Subdivisions where each lot or tract is
supplied by a private well with no interconnections to a distribution
system.
Notes
10 CSR 60-3.010
AUTHORITY: sections
640.100
and
640.115,
RSMo Supp. 1998.* Original rule filed May 4, 1979, effective 9/14/1979.
Amended: Filed April 14, 1981, effective 10/11/1981. Amended: Filed Aug. 13,
1982, effective 12/11/1982. Amended: Filed Aug. 4, 1987, effective 1/1/1988. Amended: Filed July 12, 1991, effective 2/6/1992. Amended: Filed Feb.
1, 1996, effective 10/30/1996. Emergency amendment filed September 20, 1999,
effective 9/30/1999, expired 3/27/2000. Amended: Filed July 1,
1999, effective 3/30/2000.
Amended by
Missouri
Register January 2, 2019/Volume 44, Number 1, effective
2/28/2019
*Original authority: 640.100, RSMo 1939, amended 1978,
1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999; and 640.115, RSMo
1939, amended 1949, 1978, 1998..