Section 18.80.360. Use of noncentralized treatment devices.

	(a)  The owner of a community water system or non-transient non-community water system may use a point-of-entry treatment device to meet the MCLs set under 18 AAC 80.300(b)(1) and (2)(A) - (B), if the device meets the requirements of this section.  
	(b)  The owner must obtain department approval to use a point-of-entry treatment device. To seek approval, the owner must submit plans for the device. Before deciding whether to approve those plans, the department will require adequate certification of performance, field testing, and a sealed engineering design review of a treatment device.  The design and application of a device must address the tendency for an increase in heterotrophic bacteria concentrations in water treated with activated carbon. As conditions for its approval, the department will require frequent back-washing, post-contactor disinfection, and heterotrophic plate count monitoring to ensure that the microbiological safety of the water is not compromised, if the department determines that those conditions serve the interests of public health.  
	(c)  The owner shall develop and obtain department approval for a monitoring plan before installing the point-of-entry treatment device as a means of achieving compliance. Under an approved plan, each device must provide health protection equivalent to central water treatment designed to treat the contaminant of interest. For purposes of this subsection, a device provides equivalent health protection if the water would meet all MCLs set under 18 AAC 80.300(b), and would be of acceptable quality, similar to water distributed by a properly operated and maintained central water treatment works.  
	(d)  The operator shall properly operate and maintain the point-of-entry treatment device. In addition to the monitoring required under this chapter, the operator shall monitor the operation and maintenance of the device, including physical measurements and observations such as total flow treated and the mechanical condition of the treatment device.  
	(e)  Under an approved plan for a point-of-entry treatment device, the owner shall ensure that the treatment is effective and properly applied and that the microbiological safety of the water is maintained. The owner may not use a point-of-entry treatment device to achieve compliance with an MCL or treatment technique requirement for a microbial contaminant.  
	(f)  The owner shall ensure that consumers are protected and shall install, maintain, and adequately monitor a treatment device in each building connected to the system.  The department will require the owner to provide assurance that each building is subject to treatment and monitoring, and that the rights of the public water system's customer are conveyed with the title upon sale of the building.  
	(g)  The department will require the owner of a community water system or non-transient non-community water system to use point-of-entry devices to avoid an unreasonable risk to health as a condition for granting an exemption under 18 AAC 80.375 from the requirements for lead and copper under 40 C.F.R. 141.83 (Source Water Treatment Requirements) or 40 C.F.R. 141.84 (Lead Service Line Replacement Requirements), both adopted by reference in 18 AAC 80.010(a). In requiring the use of a point-of-entry device under this subsection, the department will allow only a device that does not cause increased corrosion of lead- and copper-bearing materials located between the device and the tap that could increase contaminant levels at the tap.  

Authorities

46.03.020;46.03.050;46.03.070;46.03.710;46.03.720

Notes

Authority

AS 46.03.020 AS 46.03.050 AS 46.03.070 AS 46.03.710 AS 46.03.720

History

Eff. 10/1/99, Register 151; am 1/11/2004, Register 169; am 4/24/2009, Register 190