WSR 17-17-149

PERMANENT RULES

DEPARTMENT OF HEALTH

[Filed August 22, 2017, 5:41 p.m., effective September 22, 2017]

Effective Date of Rule: Thirty-one days after filing.

Purpose: WAC 246-296-090 Public water system eligibility requirements, this rule making aligns the state rule with the federal rule concerning eligibility requirements for tribal public water systems to receive a drinking water state revolving fund loan.

Citation of Rules Affected by this Order: Amending WAC 246-296-090.

Statutory Authority for Adoption: RCW 70.119A.170.

Other Authority: 40 C.F.R. 35.3520.

Adopted under notice filed as WSR 17-14-022 on June 23, 2017.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 1, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.

Date Adopted: August 18, 2017.

Clark Halvorson

Assistant Secretary

AMENDATORY SECTION (Amending WSR 12-01-077, filed 12/19/11, effective 2/1/12)

WAC 246-296-090 Public water system eligibility requirements.

(1) Public water systems eligible for a DWSRF loan include:

(a) Publicly and privately owned community public water systems, except those public water systems not eligible for a DWSRF loan under WAC 246-296-100; and

(b) Noncommunity public water systems owned by a nonprofit organization.

(2) Public water systems not eligible for a DWSRF loan include:

(a) Noncommunity public water systems owned by a for-profit organization;

(b) State-owned public water systems;

(d) Group B public water systems, unless restructuring; and

(e) Public water systems lacking the system capacity to comply with all applicable federal, state, and local drinking water requirements, unless:

(i) The project will bring the public water system into compliance; and

(ii) The owner of the public water system agrees to reasonable and appropriate changes in operation and management to stay in compliance.