Section 18.80.620. Criteria for avoiding filtration.

The requirements of 40 C.F.R.  141.71 (criteria for avoiding filtration), adopted by reference in 18 AAC 80.010(a), apply to a community water system, non-transient non-community water system, or transient non-community water system that uses a surface water source or a GWUDISW source and that seeks to avoid filtration. In addition to those requirements, the system must follow the requirements listed below when seeking to avoid filtration:   
		(1) under 40 C.F.R. 141.71, the owner must pay to the department the fee required under 18 AAC 80.1910(a)(3) for each initial review and approval of a complete surface water treatment rule filtration avoidance criteria determination that is conducted by the department;  
		(2) under 40 C.F.R. 141.71(b)(2), the annual watershed control program maintenance report submitted to the department for review and approval must  
			(A) be submitted on or before July 1 each year; and  
			(B) meet the report certification requirements of 18 AAC 80.1900;  
		(3) under 40 C.F.R. 141.71(b)(3), only the department will conduct the annual onsite inspection to determine whether the public water system may continue to avoid filtration; in addition,  
			(A)  the department will prepare a report of the annual onsite inspection summarizing all findings and will provide a copy of its report to the owner within 30 days after the inspection;  
			(B) the owner shall pay to the department the fees required under 18 AAC 80.1910(a)(4) for the onsite inspection;  
		(4) the department, after making a determination under (3) of this section, will notify the owner in writing and provide an opportunity to comment on and appeal the decision under 18 AAC 80.1920;  
		(5) under 40 C.F.R. 141.71(b)(4), in determining whether a waterborne disease outbreak has occurred and whether the public water system was the source of the outbreak, the department will consult with the Department of Health and Social Services, division of public health; if the system is identified as the source of a disease outbreak, the department will ascertain the physical system configuration and operating practices in place at the time of the outbreak and identify the cause of the outbreak within the public water system; the department will determine whether the physical configuration or operating practices have changed since the    outbreak and whether the changes are sufficient to prevent another disease outbreak; the department will require physical changes, including the installation of alarms, automatic shutoff valves, and redundant components as the department determines necessary to prevent another outbreak, unless the department, after considering the possibility for human error, determines that operational changes alone are likely to prevent another outbreak; if further changes are required to prevent another outbreak, the department will notify the owner and will specify the nature of the required changes, a time frame for implementing the changes, and interim measures required, if any, to prevent another outbreak; if the changes are not sufficient to prevent another  outbreak, the department will notify the owner in writing of the need to install treatment as required under 40 C.F.R. 141.70 - 141.76, adopted by reference in 18 AAC 80.010(a), and under 18 AAC 80.600 - 18 AAC 80.699, offering the owner an opportunity to comment on the decision, correct factual information, and appeal the decision under 18 AAC 80.1920;  
		(6) based on information obtained from the onsite inspection report required under 40 C.F.R. 141.71(b)(3), the department will revoke the watershed control program approval issued under 40 C.F.R. 141.71(b)(2) if the department finds that an owner does not adequately maintain or implement a watershed control program; in revoking an approval under this paragraph, the department will provide  
			(A) written notice to the owner describing specific deficiencies; and  
			(B) an opportunity for the owner to  
				(i) correct information and comment on the notice;  
				(ii) correct deficiencies within a time specified by the department; and  
				(iii) appeal a revocation decision under 18 AAC 80.1920;  
		(7)   the owner may request a waiver of the requirements of 40 C.F.R. 141.71(b)(1)(iv) and 40 C.F.R. 141.71(b)(5) on the basis that the failure was not caused by a deficiency in treatment of the source water; the request must include a summary of events leading to the problem, a summary of measures taken to correct the problem, and a conclusion as to the cause of the problem, with supporting documentation; the department will investigate the failure, including an onsite visit as necessary to determine the cause, and will review the information provided by the owner; the department will issue written findings and conclusions as to the cause of a failure, the adequacy of corrective action, if any, and whether the cause was a    result of a deficiency in treatment of the source water or whether the problem occurred after treatment; the department will provide the owner with an opportunity to review, comment on, and appeal the department's findings under 18 AAC 80.1920;  
		(8) for purposes of 40 C.F.R. 141.71(a) and (b), an event or circumstances are unusual and unpredictable if the department determines that the event or the circumstances do not have a recurrence interval or that the probability of occurrence is less than 10 percent in a year; in making the determination, the department will consider  
			(A) supporting information, if any, provided by the owner;  
			(B)   whether the event or circumstances last more than a few days;  
			(C) whether the event or circumstances cause routinely reported water quality parameters to be exceeded;  
			(D)  whether the owner installs modifications to the system to decrease the likelihood that the event or circumstances will reoccur; and  
			(E) whether an event or circumstances, or their recurrence, pose an unreasonable risk to public health.  

Authorities

46.03.020;46.03.050;46.03.710;46.03.720

Notes

Reference

18 AAC 74.120
18 AAC 80.1910
18 AAC 80.300

Authority

AS 46.03.020 AS 46.03.050 AS 46.03.710 AS 46.03.720 Editor's note: For guidance on watershed control programs, see the Alaska Water Treatment Guidance Manual, referenced in 18 AAC 80.010(d).

History

Eff. 10/1/99, Register 151; am 3/25/2001, Register 157; am 9/28/2001, Register 159; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 7/25/2010, Register 195

References

18.80.010