WSR 99-10-076

PERMANENT RULES

STATE BOARD OF HEALTH


[ Filed May 4, 1999, 2:40 p.m. ]

Date of Adoption: December 9, 1998.

Purpose: CORRECTION: The purpose is to correct an error in the official text of WAC 246-290-630 that was not discovered until after the State Board of Health adopted final revisions to this rule on December 9, 1998. The amendment to this section was intended to incorporate verbatim into state rules a provision in federal law adopted by Congress in 1996. At some point in the process of modifying drafts of the official text, one word was changed, and the change was only recently discovered. The board understood that it was adopting the federal provision. This order would correct the error and conform this section of the WAC to the federal language.

Citation of Existing Rules Affected by this Order: Amending WAC 246-290-630.

Statutory Authority for Adoption: RCW 43.20.050.

Adopted under notice filed as WSR 98-20-108 on October 7, 1998.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

May 3, 1999

James Robertson

Executive Director

OTS-3118.1


AMENDATORY SECTION(Amending Order 352B, filed 3/25/93, effective 4/25/93)

WAC 246-290-630
General requirements.

(1) The purveyor shall ensure that treatment is provided for surface and GWI sources consistent with the treatment technique requirements specified in Part 6 of chapter 246-290 WAC.

(2) The purveyor shall install and properly operate water treatment processes to ensure at least:

(a) 99.9 percent (3 log) removal and/or inactivation of Giardia lamblia cysts; and

(b) 99.99 percent (4 log) removal and/or inactivation of viruses.

(3) The purveyor shall ensure that the requirements of subsection (2) of this section are met between a point where the source water is not subject to contamination by untreated surface water and a point at or before the first ((customer)) consumer.

(4) The department may require higher levels of removal and/or inactivation of Giardia lamblia cysts and viruses than specified in subsection (2) of this section if deemed necessary to protect the health of consumers served by the system.

(5) The purveyor shall ensure that personnel operating a system subject to Part 6 of chapter 246-290 WAC meet the requirements under chapter 70.119 RCW and chapter 246-292 WAC.

(6) The purveyor of a Group A community system serving water from a surface or GWI source to the public before January 1, 1991, shall comply with applicable minimum treatment requirements.  The purveyor shall meet either ((the)):

(a) The filtration and disinfection requirements under WAC 246-290-660 and 246-290-662 respectively; ((or))

(b) The criteria to remain unfiltered under WAC 246-290-690 and the disinfection requirements under WAC 246-290-692; or

(c) The criteria to provide a limited alternative to filtration under WAC 246-290-691 and the disinfection requirements under WAC 246-290-692.

(7) The purveyor of a Group A noncommunity system serving water ((to the public before January 1, 1991)) from a surface or GWI source, shall ((install filtration and)) meet either:

(a) The filtration and disinfection requirements under WAC 246-290-660 and 246-290-662, respectively; or

(b) The criteria to provide a limited alternative to filtration under WAC 246-290-691 and the disinfection requirements under WAC 246-290-692.

(8) The purveyor of a Group A system first serving water from a surface or GWI source to the public after December 31, 1990, shall meet either:

(a) The filtration and disinfection requirements under WAC 246-290-660 and 246-290-662, respectively; or

(b) The criteria to provide a limited alternative to filtration under WAC 246-290-691 and the disinfection requirements under WAC 246-290-692.

(9) ((The department shall provide notification to the purveyor of the requirement to install filtration.))  The purveyor of a system required to install filtration may choose to provide a limited alternative to filtration or abandon the surface or GWI source as a permanent or seasonal source and develop an alternate, department-approved source.  Purveyors that ((choose this option and)) develop alternate ground water sources or purchase water from a department-approved public water system using a ground water source shall no longer be subject to Part 6 of chapter 246-290 WAC, once the alternate source is approved by the department and is on line.

(10) ((Part 6 compliance options are summarized in Table 8.

Table 8

COMPLIANCE OPTIONS FOR GROUP A SYSTEMS

USING SURFACE OR GWI SOURCES


SYSTEM TYPE

SURFACE WATER OPTIONS

(system subject to Part 6)


ALTERNATE GROUND

WATER SOURCE OPTIONS

(system not subject to Part 6)


Community systems serving water to the public before January 1, 1991


Provide filtration and disinfection;

Existing systems may abandon surface or GWI sources and develop alternate department-approved ground water sources.

Existing systems which develop ground water sources or purchase ground water from a department-approved public water system shall not be subject to the requirements of Part 6, once the alternate source is approved by the department and is on-line.

Remain unfiltered, meet all criteria to remain unfiltered, and provide disinfection; or
Purchase from a system using a surface or GWI source.

All other Group A systems using surface or GWI sources


Provide filtration and disinfection; or
Purchase completely treated surface water or GWI water from an approved public water system.))

A purveyor that chooses to provide a limited alternative to filtration shall submit an application to the department that contains the information necessary to determine whether the source can meet the criteria.

(11) If a limited alternative to filtration is provided, then the purveyor shall install and properly operate treatment processes to ensure greater removal and/or inactivation efficiencies of Giardia lamblia cysts, viruses, or other pathogenic organisms of public health concern than would be achieved by the combination of filtration and chlorine disinfection.

[Statutory Authority: RCW 43.20.050.  93-08-011 (Order 352B), 246-290-630, filed 3/25/93, effective 4/25/93.]

Washington State Code Reviser's Office