10 CSR 60-3.020 - Continuing Operating Authority
PURPOSE: Evaluate proposed amendments in response to Executive Order 17-03, correct regulation citations, and corrects the term "operation."
(1)
Applicability. This rule applies to-
(A)
Public water systems commencing operation after October 1, 1999;
(B) Public water systems changing ownership;
and
(C) Community water systems and
non-transient noncommunity water systems in significant
noncompliance.
(2)
Definitions.
(A) The terms and definitions in
10 CSR 60-2.015 apply
to this rule.
(B) Continuing
operating authority means the permanent organization, entity or person
identified on the permit to dispense water who is responsible for the
management, operation, replacement, maintenance and modernization of the public
water system in compliance with the Missouri Safe Drinking Water Law and
rules.
(3) Public Water
Systems Commencing Operation After October 1, 1999. Owners/operators of public
water systems applying for written construction authorizations or permits to
dispense water, or both, shall show in accordance with section (6) of this
rule, as part of their application, that a permanent organization exists which
will serve as the continuing operating authority for the management, operation,
replacement, maintenance and modernization of the facility for which the
application is made. The department will not issue written construction
authorizations and permits to dispense unless the applicant provides proof
satisfactory to the department that a continuing operating authority exists
that shall have jurisdiction over the facility. Written construction
authorizations and permits to dispense water will be issued to the continuing
operating authority. The permit shall be valid only for the continuing
operating authority to which the permit is issued.
(4) Permit Review Upon Change in Ownership.
(A) Prior to a change of continuing operating
authority, the current continuing operating authority shall notify the
department of the pending change at least ninety (90) calendar days prior to
ownership transfer. The department will perform a permit review within
forty-five (45) calendar days of notice of the ownership transfer to assess the
following:
1. The proposed continuing
operating authority meets the continuing operating authority requirements of
this rule;
2. The public water
system is in compliance with applicable maximum contaminant levels and
monitoring requirements of 10 CSR 60-4; and
3. The public water system is in compliance
with the minimum positive pressure requirement of
10 CSR
60-4.080(8).
(B) The permit to dispense water shall
continue in effect until the department takes an action to issue a permit to
the proposed new continuing operating authority or to deny the permit to the
proposed new continuing operating authority based on the following criteria:
1. If the review shows that the proposed
continuing operating authority and public water system meet all requirements in
subsection (4)(A), the department will issue a new permit to dispense when
ownership transfer is complete showing the new owner as the continuing
operating authority responsible for the management, operation, replacement,
maintenance, and modernization of the public water system in compliance with
the Missouri Safe Drinking Water Law and rules;
2. If the review shows the new continuing
operating authority meets the requirement in paragraph (4)(A)1., but the public
water system does not meet the requirements in paragraphs (4)(A)2. and 3., the
department will negotiate an agreement with the proposed continuing operating
authority for achieving compliance with these requirements. Upon completion of
the agreement and when ownership transfer is complete, the department will
issue a new permit to dispense water to the new continuing operating authority;
and
3. If the review shows the
proposed continuing operating authority does not meet the requirement in
paragraph (4)(A)1., the permit to dispense water will be denied.
(5) Requirements for
Community Water Systems and Nontransient Noncommunity Water Systems in
Significant Noncompliance.
(A) Any community
public water system or nontransient noncommunity public water system against
which an administrative order has been issued for significant noncompliance
with the federal Safe Drinking Water Act as amended or sections
640.100-640.140, RSMo or federal or state rules promulgated thereunder shall
show that-
1. A permanent organization exists
that serves as the water system's continuing operating authority; and
2. 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.
(B) If the public
water system cannot show that such continuing operating authority exists, or if
the public water system is not making substantial progress toward compliance
with the administrative order, the public water system's technical, managerial
and financial capacity will be reviewed and the permit to dispense may be
revoked. The continuing operating authority may reapply for a permit to
dispense when the compliance issues identified in the administrative order are
resolved.
(6) Continuing
Operating Authorities.
(A) Continuing
operating authorities to whom the department will issue written construction
authorizations under section (3) of this rule and permits to dispense water are
listed here in preferential order. An applicant proposing a facility within the
legal boundaries of an existing higher preference continuing operating
authority may utilize a lower preference continuing operating authority by
submitting, as part of the application, documentation that water service is not
available from each existing higher preference continuing operating authority,
or a statement from each existing higher preference continuing operating
authority waiving its preferential status.
1.
Municipality, public water supply district, and water system regulated by the
Missouri Public Service Commission (PSC). (Note: Written construction
authorizations and permits to dispense water will not be issued to a continuing
operating authority regulated by the PSC until the continuing operating
authority has obtained a certificate of convenience and necessity from the
PSC.)
2. Any person showing
complete control over and responsibility for the public water system and all
property served by it.
3. Any
incorporated association of property owners served by a public water system
provided that-
A. The incorporated association
owns the facility and has authority to lay all necessary water lines;
B. All property owners within the boundaries
of the association have adopted covenants covering the land of each property
owner, which assure connection to the system when it is available and
compliance with the bylaws and rules of the association;
C. The bylaws of the association, or other
appropriate documents, provide for the proper management, operation,
replacement, maintenance, and modernization of the facility including at a
minimum:
(I) The power to regulate the use of
the facility;
(II) The power to
levy assessments on its members and enforce these assessments on each owner;
and
(III) The power to convey the
facility to one (1) of the continuing operating authorities listed in
subsection (6)(A) of this rule;
D. The documents establishing the continuing
operating authority and the covenants called for in subparagraph (6)(A)3.B. of
this rule shall be properly recorded with the recorder of deeds in the county
or counties where the land within the boundaries of the association lies and a
certified copy of the recorded document shall be provided to the department.
Additionally, a current title search certified by a title insurance company
authorized to do business in Missouri showing the owners of record of all real
estate within the boundaries of the association and all lienholders must be
provided to the department; all lienholders must subordinate their interest to
the covenants; and
E. The
association is incorporated as a corporation under the laws of the state of
Missouri and a current Certificate of Good Standing from the Missouri secretary
of state and a certified copy of the Articles of Incorporation are provided to
the department.
(B) The term "available" as used in
subsection (6)(A) of this rule shall mean the water system's distribution line
is located within a reasonable distance of the potential water customer; the
water system will be accessible in a timely manner that will not cause a
hardship on the potential water customer; and the water service will be
provided at reasonable cost.
(7) Continuing Operating Authority
Responsibilities. To ensure the dispensing of safe and adequate supplies of
drinking water to its customers, the continuing operating authority for each
public water system shall be responsible for all necessary: source withdrawal
facilities, treatment facilities, and/or distribution facilities which the
public water system owns or leases. The continuing operation authority shall
have such valid lease agreements, contracts and properly recorded easements, as
necessary, to allow access for new construction, repair, replacement,
maintenance, and operation of all facilities.
(8) Private Water Corporations. Private
corporations which are not incorporated under the laws of the state of Missouri
shall be represented by a registered agent in the state of Missouri before a
written authorization to construct or a permit to dispense water will be issued
by the department.
Notes
*Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1998, 1999; and 640.115, RSMo 1939, amended 1949, 1978, 1998.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.