10 CSR 60-3.030 - Technical, Managerial, and Financial Capacity
PURPOSE: This rule establishes minimum technical, managerial, and financial capacity requirements for community and nontransient noncommunity water systems commencing operation after October 1, 1999.
(1) Applicability. This
rule applies to community and nontransient noncommunity water systems
commencing operation after October 1, 1999.
(2) General Requirements.
(A) Community and nontransient noncommunity
water systems commencing operation after October 1, 1999, shall show, as part
of their permit application, that the public water system will meet the
requirements of this rule. The department will not issue a permit to dispense
water until requirements of this rule are met.
(B) Public water systems commencing operation
after October 1, 1999 shall show as part of their application that the public
water system will meet the minimum technical, managerial, and financial
capacity requirements of this rule. The department will not issue a written
construction authorization until it determines that the proposed water system
will meet the requirements of this rule.
(C) Community and nontransient noncommunity
water systems shall maintain compliance with this rule and shall provide the
department with information during sanitary surveys and upon written request
for the department's use in assessing their compliance with this
rule.
(3) Minimum
Technical, Managerial, and Financial Capacity Requirements.
(A) Minimum Technical Capacity Requirements.
1. All community water systems subject to
this rule must conform to construction requirements in
10 CSR
60-10.010.
2. All nontransient noncommunity water
systems subject to this rule must conform to construction requirements in
10 CSR
60-3.010(2).
3. All public water systems subject to this
rule shall have a sufficient number of operators certified and equipped as
required in 10 CSR 60-14 to provide proper operation and maintenance of all
source, treatment, storage, and distribution facilities so that the public
water system meets all requirements of sections 640.100-640.140, RSMo and
regulations promulgated thereunder.
4. All public water systems subject to this
rule shall have and maintain an updated distribution system map showing, at a
minimum, the size and location of all waterlines, valves, hydrants, storage
facilities, pumping facilities, treatment facilities, and water sources and
shall make the map available to the department on request.
(B) Minimum Managerial Capacity Requirements.
1. Community and nontransient noncommunity
water systems subject to this rule shall maintain a list that shows position
titles, names, business addresses, and telephone numbers of individuals that
provide drinking water functions, including the per-son(s) or legal entity who
owns the public water system. An updated copy of the list shall be made
available to the department.
2.
Community and nontransient noncommunity water systems subject to this rule
shall designate a person or persons who will receive customer complaints and
shall have a written procedure for receiving, investigating, resolving, and
recording customer complaints. The name, title, business address, business
telephone number, and office hours of the person(s) designated to receive
complaints shall be publicly displayed, along with the written complaint
procedure. Complaint records shall be kept for a minimum of five (5) years and
shall be made available to the department upon request. Results of
investigations shall be used as part of the planning process for future
improvements.
3. Community and
nontransient noncommunity water systems subject to this rule shall have a
written rate structure and service fees, and the rate structure and service
fees shall be publicly displayed and shall be made available to the department
upon request.
4. Community and
nontransient noncommunity water systems subject to this rule shall hold at
least one (1) public meeting prior to changing the rate structure or service
fees and shall notify the customers in advance of the public meeting by posting
notice in the principal business office and providing notice in the area
served, unless the rate increase procedure is regulated by other state or
federal regulations. Records of customers' notice and summary of the public
meeting shall be kept for a minimum of five (5) years and shall be made
available to the department upon request.
5. Community and nontransient noncommunity
water systems subject to this rule shall designate a person to deal with
compliance-related issues in accordance with the public drinking water
regulations in 10 CSR 60, including reporting and public notice requirements.
This person shall be trained in public drinking water regulation requirements
and shall act as liaison with the department on drinking water issues. The
department will refer compliance actions to this person. The name, position
title, business address, business telephone number, and office hours for this
person shall be made available to the department and the department shall be
notified within thirty (30) calendar days of any change.
(C) Minimum Financial Capacity Requirements.
1. Community and nontransient noncommunity
water systems subject to this rule shall adhere to standard accounting
practices in accordance with the Generally Accepted Accounting Principles and
Practices, or the National Association of Regulated Utility Companies Uniform
System of Accounts, as appropriate.
2. Community and nontransient noncommunity
water systems subject to this rule shall develop and implement a system of
collection of water fees that includes disconnection of service for nonpayment
or other measures for obtaining payment. The total of uncollected fees and the
percentage of uncollected fees compared to sum of collected and uncollected
fees shall be recorded monthly. These records shall be made available to the
department upon request.
3.
Community and nontransient noncommunity water systems subject to this rule
shall develop an annual budget showing public water system revenues and
expenditures, shall prepare a report at the end of each fiscal year showing
public water system revenues and expenditures for that year and a comparison
with the annual budget prepared for that year, and shall prepare a five
(5)-year capital improvement budget and capital improvement plan that will be
updated annually. The capital improvement plan shall include the potential
financial impacts of future regulations. These records shall be kept for a
minimum of ten (10) years and shall be made available to the department upon
request.
4. Annual revenues shall
cover all public water system costs for the system including operating costs,
maintenance costs, debt service costs, operating reserves, debt service
reserves, emergency equipment replacement reserves, and revenue collection
costs.
5. Community and
nontransient noncommunity water systems subject to this rule and not subject to
state regulation of rates for water service, in addition to all other financial
capacity requirements, shall have and maintain-
A. An operating reserve equal to or greater
than one-tenth (1/10) of the annual operations and maintenance budget. The
public water system must establish this reserve in at least annual payments not
to exceed ten (10) years. Funds from the operating reserve shall be used for
operating and maintenance expenses only and shall be replaced within ten (10)
years from the date of use. This reserve shall be invested in an account with
ready access to the funds. Records of this reserve shall be made available to
the department upon request. Other private, state, or federal reserves may be
applied to meet this requirement;
B. An emergency equipment replacement reserve
equal to or greater than the replacement cost of the most expensive mechanical
equipment item needed for operation. The public water system must establish
this reserve in at least annual payments over a minimum of ten (10) years.
Funds from the reserve shall be used for emergency equipment replacement
expenses only and any funds so used shall be replaced within ten (10) years
from the date of use. This reserve shall be invested in an account with ready
access to the funds. Records of this reserve shall be made available to the
department upon request. Other private, state, or federal reserves may be
applied to meet this requirement; and
C. If there is debt on the public water
system facilities, a debt service reserve no less than ten percent (10%) of the
principle and interest or the amount required in the bonding agreement. Funds
from the debt service reserve shall be used only for debt service expenses and
for purposes agreed to in the bonding agreement and shall be replaced no less
than as required in the bonding agreement. Records of this reserve shall be
made available to the department upon request.
Notes
*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.
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