BILL REQ. #:  S-1748.1 

READ FIRST TIME 02/21/11.   

     AN ACT Relating to the allowance of point-of-entry and point-of-use treatment in public water systems in certain circumstances; adding a new section to chapter 70.119A RCW; creating a new section; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   Many small public water systems in Washington are facing higher expenses, failing infrastructure, a falloff in state and federal aid, and more difficulty with borrowing money as a result of the economic downturn. It is the intent of the legislature to provide small public water systems with short-term options to meet public health requirements.

NEW SECTION.  Sec. 2   A new section is added to chapter 70.119A RCW to read as follows:
     (1) A public water system in a county with a population of less than eleven thousand that borders the Columbia river and is located completely east of the crest of the Cascade mountains may allow the use of point-of-entry and point-of-use treatment in lieu of centralized treatment where it can be demonstrated that there is a problem with arsenic levels in the drinking water and centralized treatment is not immediately economically feasible. Use of point-of-entry and point-of-use treatment is limited to the following:
     (a) Water systems with less than one hundred service connections;
     (b) Usage is allowed under the federal safe drinking water act and its implementing regulations and guidance, including, but not limited to:
     (i) The point-of-entry or point-of-use treatment must be owned, controlled, and maintained by the public water system or a contractor hired by the public water system to ensure proper operation and maintenance of the point-of-entry or point-of-use treatment;
     (ii) The public water system or a contractor hired by the public water system must have access to the point-of-entry or point-of-use treatment for installation, maintenance, monitoring, and removal;
     (iii) The public water system may terminate, after notice, the water service of any customer who fails or refuses to allow such access, or adjusts, modifies, repairs, replaces, removes, disconnects, bypasses, or otherwise tampers with a treatment unit without prior approval from the public water system;
     (c) The point-of-entry or point-of-use treatment must have mechanical warnings to automatically notify the customer of the public water system of operational problems; and
     (d) The public water system has submitted an application to the department for funding to correct the violations for which the point-of-entry and point-of-use treatment is provided.
     (2) The public water system must, in consultation with the department, conduct a public hearing in the community served by the public water system. The public water system must report to the department whether there is any substantial community opposition to the installation of point-of-entry or point-of-use treatment devices.
     (3) The public water system must develop a compliance monitoring plan and the department must approve the compliance monitoring plan before point-of-entry or point-of-use treatment may be installed.
     (4) The approval of point-of-use or point-of-entry treatment is limited to not more than three years or until funding for centralized treatment is available, whichever occurs first.
     (5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
     (a) "Point-of-entry treatment" means a device for the treatment of potable water that is located at the water service entry in a building.
     (b) "Point-of-use treatment" means a device for the treatment of potable water that is located at the water tap in a building.
     (6) This section expires June 30, 2015.