Original Notice.

     Preproposal statement of inquiry was filed as WSR 07-14-147.

     Title of Rule and Other Identifying Information: Chapter 246-291 WAC proposing amendments to Group B public water systems. The 2009 legislature eliminated department of health (department) funding for the Group B program and amended RCW 43.20.050 and chapter 70.119A RCW directing the state board of health (board) to adopt rules to: Establish minimum design and construction standards for Group B systems; allow the board to waive requirements for systems with fewer than five connections; and allow local governments to establish regulations that are more stringent than state standards.

     Hearing Location(s): Washington State Capital [Capitol] Campus, John A. Cherberg Building, Senate Hearing Room 3, on October 10, 2012, at 1:15 p.m.

     Date of Intended Adoption: October 10, 2012.

     Submit Written Comments to: Theresa Phillips, Department of Health, P.O. Box 47822, Olympia, WA 98504-7822, e-mail http://www3.doh.wa.gov/policyreview/, fax (360) 236-2252, by September 25, 2012.

     Assistance for Persons with Disabilities: Contact Desiree Robinson by September 10, 2012, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal shifts the regulatory framework of chapter 246-291 WAC to align the rules with the department's capacity to implement the rules. The proposed rules strengthen water system design and construction standards for new and expanding systems, strengthen new source water approval requirements, set more stringent water quality and quantity standards, improve public notification requirements, eliminate ongoing monitoring requirements, provide local governments flexibility to set more stringent standards, and allow local governments to waive certain requirements under specific conditions.

     Reasons Supporting Proposal: The 2009 legislature eliminated funding for the Group B program and directed the board to amend chapter 246-291 WAC as required by ESSB 6171. This proposed rule revision is necessary to implement these statutory requirements.

     Statutory Authority for Adoption: RCW 43.20.050.

     Statute Being Implemented: Chapter 70.119A RCW.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: State board of health, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: David Christensen, 243 Israel Road S.E., Tumwater, WA 98501, (360) 236-3153.

     A small business economic impact statement has been prepared under chapter 19.85 RCW.

•	Meet water quality standards without needing treatment;
•	Use a drilled well for the source of supply; and
•	Follow more rigorous design and construction standards.

     Under the proposal, all Group B systems must comply with more stringent public notification requirements when serious public health risks exist.

     The proposal also:

•	Includes editorial changes so that requirements are more clear and understandable;
•	Clarifies roles and authority of the department and LHJs;
•	Updates language to mirror national standards that have been adopted in other rules (primarily in chapter 246-290 WAC); and
•	Updates or removes obsolete references.

     The proposal represents a shift in the regulatory framework that aligns the Group B chapter with the department's ability to implement it. The scope of this proposal extends to all Group B water systems in Washington state. Purveyors of Group B systems and their customers will be directly affected by these changes.

     Section 2. Which Businesses Are Impacted by the Proposed Rule Package? What Are Their North American Industry Classification System (NAICS) Codes? What Are Their Minor Cost Thresholds? There is one NAICS business code that applies to the proposal. Because most purveyors of Group B systems do not identify themselves primarily as a Group B system, the number of systems found in the state database is a small fraction of the total number of Group B systems in Washington state.

NAICS code	NAICS code description	Total establishments	Minor cost threshold (1% of annual payroll)	Minor cost threshold (3/10% of receipts)	Number of establishments by employment size
					49 and fewer	50 and greater
221310	Water supply and irrigation systems	159	$1,295	No information available	159	0

     Section 3. What Is the Average Cost per Business of the Proposed Rule? WAC 246-291-060 Waivers, the proposed section provides authority to the local health officer or local board of health to grant waivers, but does not provide authority for the department or the board to grant waivers.

     In counties in which the LHJ has accepted primary responsibility for implementing chapter 246-291 WAC or has developed a local ordinance, the local health officer or local board of health may grant a waiver to a purveyor of a proposed Group B system from the requirements of this chapter, except in calculating residential population¹.

     When a new or expanding Group B system cannot meet the proposed requirements for approval, the purveyor can request a waiver from a local board of health or health officer. Specific conditions outlined in this section must be met before a local health officer or board of health may grant a waiver. Conditions for a purveyor to obtain a waiver include, at a minimum:

•	The local board of health or health officer must condition the approval by requiring the new or expanding Group B system to provide water quality treatment, monitor and report the quality of water to document that drinking water standards are not exceeded;
•	The local board of health or health officer must condition the approval by requiring appropriate operations and maintenance; and
•	The LHJ must provide ongoing oversight.

     Cost: The proposed section does not create new treatment requirements. The only cost to purveyors seeking a waiver is the cost that the local board of health or health officer charges for processing the request. The cost of a waiver fee ranges from a nominal cost to $760².

     WAC 246-291-120 Design report approval, the proposed section includes two significant changes.

     1. It eliminates the requirement for existing Group B systems to submit a water system plan update or design report for changes to the system that do not change the number of approved service connections.

     2. It requires Group B systems intending to expand the number of approved service connections to complete and submit all documentation required for approval of a new water system under this chapter.

     Cost: Under the proposed section, purveyors intending on expanding their systems will incur higher costs to obtain a complete new system approval for the expansion than they would have for submitting a design report under the current rules. But, many of the documents for the new system approval would not need to be generated because the information is the same as when the system was approved (for example, site maps). This results in higher costs than under the current rules, but lower than a complete new Group B system approval. Under the proposed section, the probable new cost for creating a Group B system submittal ranges from $1,000 to $3,000 more than the cost of meeting requirements under current rules.³

     WAC 246-291-125 Groundwater source approval, this proposed section establishes requirements for drinking water sources used for new and expanding Group B systems. It incorporates requirements that previously had been in WAC 246-291-040 and 246-291-100. The proposed section contains several significant changes.

     1. A source for a new or expanding Group B system must be a groundwater source from a properly constructed drilled well. Dug wells, groundwater under the influence of surface water (GWI) and surface water sources cannot be used.

     2. A source for a new or expanding Group B system must meet minimum supply requirements, producing at least seven hundred fifty gallons per day (gpd) per residential connection for systems in western Washington and 1,250 gpd per residential connection for systems in eastern Washington.

     3. Before submitting the system design to the department for approval, a potential GWI source for a new or expanding Group B system must be evaluated to determine whether the source is or is not GWI.

     Cost: A purveyor of a new or expanding Group B system could incur additional costs if the purveyor intended to use a dug well, GWI or surface water source. Because the proposed section requires a purveyor to use a drilled well instead of a dug well or surface water source, the difference between the costs of a drilled well and the costs of a dug well or a surface water source represents a new cost associated with the proposed section.

     The cost of a new well varies, depending mostly on the well depth. Most well drillers charge a set-up fee to pay the expense of getting the well drilling rig on site, a minimum charge for drilling a shallow well (usually fifty feet), and then a per foot cost beyond the minimum. A twenty to forty foot deep dug well can cost between $5,000 and $8,000⁴.

     The costs of a drilled and dug well meeting current well construction standards (chapter 173-160 WAC) vary greatly depending on site-specific conditions, which confound the assessment of the cost differences between them. Most often, a purveyor drilling a well will have the well drilled deeper and obtain water from a more protected aquifer.

     A review of the well depths reported for current Group B water systems in the department's records shows an average depth of one hundred seventy-five feet, with a range from twenty feet to over four hundred feet. Using the average well depth provides a cost approximation of a typical drilled well of between $8,000 and $20,000⁵. This estimate of a typical cost range for the average new drilled well will be used throughout the remainder of this analysis.

     Most dug wells (allowed under the current rules) require water quality treatment because the shallow aquifer typically contains bacteria and other contaminants. Disinfection using chlorine injection is generally the most inexpensive method of treatment. The capital costs typically range from $1,000 to $1,500 and annual operations and maintenance (O&M) can cost $200 to $400 per year.

     The cost of a surface water source (allowed under the current rules) with current surface water treatment in part six of chapter 246-290 WAC should be compared to the costs of a drilled well. The cost of a surface water source varies greatly, depending on the conditions on the site and quality of the water that determine the appropriate treatment technology. For a Group B system, the minimum costs are over $50,000 plus O&M costs.⁶ Clearly, after accounting for treatment costs, using a drilled well is more cost effective than complying with all current requirements for systems using a surface water source.

     A purveyor of a new or expanding Group B system will incur additional cost if the purveyor intends to use a drilled well that does not meet the minimum supply requirements. In those cases, the purveyor would need to drill a new well for additional supply, or obtain water from an intertie with another public water system. Based on department records, fewer than two percent of sources for existing Group B systems would not supply a minimum of seven hundred fifty gpd for a typical six-connection system. However, the department's records are not complete, with about ten percent of systems not having a source capacity listed.

     The typical cost range for an average depth well (one hundred seventy-five feet) ranges between $8,000 and $20,000.⁷ The cost of obtaining water through an intertie can vary greatly, and would not be a flat cost, but a monthly or yearly charge based on a long-term agreement.

     New WAC 246-291-135 Interties, the proposed section establishes standards for purveyors of new and expanding Group B systems intending to use an intertie source. An intertie is a physical connection between two public water systems. Most commonly, a Group A system will provide water to a Group B system under terms of an intertie (or a "wholesale") agreement.

     Cost: Typically, a wholesale water system already requires a signed agreement that establishes terms and conditions for service meeting the requirements that exist in WAC 246-290-132 for Group A water systems. Depending on if the purveyor of the Group B system uses an attorney to review and approve the agreement and other documents, the cost of producing the required documents can be from nominal costs to $1,000.⁸

     WAC 246-291-140 Water system planning and disclosure requirements, the proposed section requires additional water system planning and disclosure documents to be submitted by a purveyor of a new or expanding Group B system.

•	A purveyor must submit disclosure language to the department for review and approval as a part of the Group B system design submittal.
•	A purveyor must record the approved disclosure language on the property title for all properties to be served by the Group B system.

     Cost: Many counties in Washington have similar fee structures for recording documents. In those counties, the cost of recording the first page to the property title is $62. Each additional page costs $1. The proposed requirements would require recording up to thirty pages on the property title, depending on how many parcels the system will serve. Overall, the costs of the notification requirements would typically range between $70 and $100.

     WAC 246-291-170 Water quality requirements for groundwater source approval, the proposed section incorporates water quality requirements from current rules that apply to the design and approval of a new or expanding Group B water system, including WAC 246-291-320(2), 246-291-330 and 246-291-350(1). The proposed section also makes significant changes to the water quality requirements for only new or expanding Group B systems. The proposal:

     1. Eliminates the drinking water standard for nickel;

     2. Strengthens the primary drinking water standard for arsenic from fifty micrograms per liter to ten micrograms per liter for new or expanding systems;

     3. Requires purveyors to submit two coliform samples for a new or expanding Group B system design approval; and

     4. Prohibits use of a source that exceeds a primary drinking water standard. Sources for new and expanding Group B systems cannot rely on treatment to meet primary drinking water standards.

     Cost: A purveyor of a new or expanding Group B system could incur additional costs from the proposed section if the purveyor drills a well that exceeds the new arsenic standard. A purveyor intending to use a source that does not meet the arsenic standard can drill a new well, develop a one or two connection system without treatment or water quality monitoring, or develop a Group A system with treatment, operations and water quality monitoring as required under chapter 246-290 WAC.

     Requiring one extra sample will cost a purveyor of a new Group B system between $30 and $40 for sample analysis, depending on what a laboratory typically charges for coliform analysis.

     A purveyor of a new or expanding Group B system could incur additional costs from the proposed section if the proposed source does not meet primary drinking water standards. In those cases, the purveyor would need to drill a new well that meets standards, obtain water from an intertie with another public water system, or use the well for a Group A system with treatment, operations and monitoring as required under chapter 246-290 WAC.

     Sometimes, if a well is contaminated with bacteria or nitrate, the problem can be resolved with the construction of a new well or deepening the existing well to obtain water from a more protected aquifer. Using the average well depth of one hundred seventy-five feet, the cost of a typical drilled well is between $8,000 and $20,000⁹.

     There are cases when a purveyor will not be able to drill a new well that meets primary drinking water standards. For example, some geologic formations create high arsenic levels in groundwater supplies, and any well drilled in the affected area would exceed the primary drinking water standard.

     The cost of obtaining water through an intertie can vary greatly, and would not be a flat cost, but a monthly or yearly charge based on a long-term agreement. As analyzed under WAC 246-291-135, intertie agreement costs can range from nominal costs up to $1,000.

     Another option for a purveyor would be to create a new Group A system, and meet the requirements of chapter 246-290 WAC that allows for water quality treatment with requirements for appropriate planning, engineering and monitoring. The cost for the design and construction of a system meeting planning, engineering and design standards in chapter 246-290 WAC ranges between $30,000 to $50,000.¹⁰

     WAC 246-291-200 Design standards, the proposed section modifies design standards for new or expanding Group B systems. A purveyor must design a system using:

     1. Minimum residential population calculations;

     2. Minimum water supply design requirements; and

     3. Updated Design Standard References.

     Planning, design, and construction of a new or expanding Group B system that serves ten to fourteen residential service connections using Group A system standards cost about $14,000 to $27,000 more than complying with the requirements under the current Group B chapter.⁹

     This proposed requirement results in minimal implementation costs to new or expanding systems. Group B system storage requirements are more a function of a system's need to meet peak hourly demand (PHD) requirements; those requirements have not changed in the proposal.

     WAC 246-291-280 Existing Group B systems, replaces WAC 246-291-130 Existing system approval. The proposed section incorporates the intent of WAC 246-291-130 Existing system approval, and establishes more specific requirements. The proposed section provides a route for purveyors of Group B systems created before the final adoption of this proposal to obtain a status of "adequate for existing uses" if the system did not have prior department design approval.

     The proposed section includes one nonsignificant change. The proposed section authorizes purveyors of Group B systems that obtained departmental approval under current rules to provide service to additional connections, up to the total number of approved connections, without having to meet proposed requirements.

     Cost: To meet the requirements of the proposed section, a purveyor could have to spend three to twenty hours reviewing the system's water well report, inspecting and assessing the well site for potential sources of contamination, and obtaining updated water quality samples.

     The labor costs for assessing a Group B system's adequacy could range from $300 to $2,000 depending on:

•	How much documentation exists;
•	How much field work would need to be done; and
•	If an engineer or designer would be required to complete and submit documentation.

     Sample analysis would range from $400 to $500.¹¹

     WAC 246-291-360 Public notification, the proposed section includes significant changes for public notification requirements related to monitoring, including requirements for a purveyor to:

•	Notify consumers served by the systems and provide information within thirty days if they are required to monitor for water quality under WAC 246-291-300;
•	Notify consumers within twenty-four hours if a sample contains E. coli or has a nitrate level greater than ten milligrams per liter;
•	Notify consumers served by the system within thirty days if the system has an arsenic level greater than ten micrograms per liter; and
•	Use specific language for a consumer notice.

     Cost: In general, the proposed section will not increase costs to purveyors. There could be minor costs for a purveyor required to deliver a public notice within twenty-four hours instead of thirty days. For example, a purveyor who lives in a primary residence away from the Group B system may have to drive some distance to deliver the required notification. In this case, the purveyor would incur costs for fuel and time spent in transit. However, the purveyor could rely on e-mail, fax or one of the system consumers to deliver the notice at a minimal cost.

     The additional information required for public notification result in no additional cost to purveyors. Overall, the additional information required to be included in the public notice will be less than $100 (if required to drive to deliver notice).

     Section 4. Does the Rule Impose More than Minor Costs on Impacted Businesses? Does the average cost per business exceed both of the minor cost thresholds? Yes. The compliance cost is expected to exceed the annual payroll minor cost threshold for some businesses with new or expanding systems.

     Section 5. Does the Rule Have a Disproportionate Impact on Small Businesses? Yes. The rule may have a disproportionate impact on some small businesses.

     Section 6. Did We Make an Effort to Reduce the Impact of the Rule?

     A. Did we reduce, modify, or eliminate substantive regulatory requirements? Yes. The proposal eliminates ongoing monitoring requirements for more than thirteen thousand Group B systems. The proposal retains authority for the department to require monitoring for instances when it is necessary to protect public health and safety.

     B. Did we simplify, reduce, or eliminate record-keeping and reporting requirements? Yes. The proposal eliminates record-keeping and reporting requirements. If monitoring is conducted, under either department direction or their own volition, purveyors must provide results to system consumers and the department.

     C. Did we reduce the frequency of inspections? Yes. All routine inspections are eliminated under the proposal.

     D. Did we delay compliance timetables? No.

     E. Did we reduce or modify fine schedules for noncompliance? Yes. The proposal modifies enforcement provisions to reference only statutory obligations.

     F. Did we create or implement any other mitigation techniques? No.

     G. If you answered "No" for the previous six questions, please explain why it is not "legal or feasible" to implement any of these mitigation techniques. Not applicable.

     Section 7. Did We Involve Small Businesses in the Rule Development Process? Department staff met with a representative from the Association of Washington Business [Businesses], and solicited comments on behalf of that organization, which represents both small and large business interests. The department held four public workshops and solicited input from small business and the public at large, and also met with various stakeholder groups to get feedback on the rule:

•	Association of realtors.
•	Association of counties.
•	Building industry association of Washington.
•	Drilling and groundwater association.
•	Plumbing and pipefitters union.
•	Public utility district association.
•	Water supply advisory committee.
•	Washington water utility council.

     Section 8. Will Businesses Have to Hire or Fire Any Employees Because of the Requirements in the Rule? There will not be any jobs created or lost as a result of the proposed rules.

     ¹In the design of a new or expanding Group B system, a purveyor must calculate residential population based on the statewide office of financial management average household population, which is 2.5 persons per household (WAC 246-291-200(2)). No waivers can be provided to this requirement.

     ²Summary of data gathered from nine LHJs.

     ³Based on information from a survey of consulting engineers. See Appendix B of the preliminary significant analysis for more information.

     ⁴Costs obtained from a survey of licensed well drillers. See Appendix B of the preliminary significant analysis for a summary of responses.

     ⁵Cost estimate based on a survey of consulting engineers. See Appendix B of the preliminary significant analysis for more information.

     ⁶Based on estimates from EPA-600/2-79-162a, August 1999.

     ⁷Costs obtained from a survey of licensed well drillers. See Appendix B of the preliminary significant analysis for a summary of responses.

     ⁸Based on an estimate of up to three hours of attorney time plus document production costs.

     ⁹Cost estimate based on a survey of consulting engineers, and information on nitrate treatment costs from the office of drinking water Yakima Watershed nitrate treatment project. See Appendix B of the preliminary significant analysis for more information.

     ¹⁰Cost estimate based on a survey of consulting engineers. See Appendix B of the preliminary significant analysis for more information.

     ¹¹Based on costs obtained from department staff to conduct on-site investigations and system evaluation, hourly rates charged by satellite management agencies, and information from a telephone survey of analytical laboratory costs. See Appendix B of the preliminary significant analysis for more information.

     A copy of the statement may be obtained by contacting Theresa Phillips, Department of Health, P.O. Box 47822, Olympia, WA 98504-7822, phone (360) 236-3147, fax (360) 236-2252, e-mail theresa.phillips@doh.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Theresa Phillips, Department of Health, P.O. Box 47822, Olympia, WA 98504-7822, phone (360) 236-3147, fax (360) 236-2252, e-mail theresa.phillips@doh.wa.gov.

August 21, 2012

Michelle A. Davis

Executive Director

OTS-3595.13

AMENDATORY SECTION(Amending WSR 94-14-002, filed 6/22/94, effective 7/23/94)

WAC 246-291-001   Purpose and scope.   (1) The purpose of ((these rules)) this chapter is to ((define basic regulatory requirements to)) protect the health of consumers ((using)) by establishing minimum design, construction, and other standards for Group B public drinking water ((supplies)) systems. ((These rules are specifically designed to ensure the provision of high quality drinking water in a reliable manner and in a quantity suitable for intended use.))

     (2) ((The rules set forth are adopted under chapter 43.20 RCW and owners of Group B public water systems shall be responsible for ensuring compliance with these rules.)) This chapter is adopted under chapter 43.20 RCW. A purveyor of a Group B public water system shall comply with this chapter and rules adopted by a local board of health under RCW 70.05.060 or 70.46.060 as applicable.

     (3) Other statutes relating to this chapter are:

     (a) RCW 43.20B.020, Fees for services -- Department of health and department of social and health services;

     (b) Chapter 43.70 RCW, Department of health;

     (c) ((Chapter 70.05 RCW, Local health departments, boards, officers -- Regulations;

     (d))) Chapter 70.116 RCW, Public Water System Coordination Act of 1977; and

     (((e))) (d) Chapter 70.119A RCW, Public water systems -- Penalties and compliance.

     (((3) Prior to expanding a Group B public water system to a Group A public water system, the entire system shall be brought into compliance with chapter 246-290 WAC.))

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-001, filed 6/22/94, effective 7/23/94.]

     (a) Fewer than twenty-five people per day; or

     (b) Twenty-five or more people per day for fewer than sixty days per year, provided the system does not serve one thousand or more people for two or more consecutive days.

     (2) The rules of this chapter do not apply to a Group B system that:

     (a) Consists only of distribution or storage facilities and does not have any source or treatment facilities;

     (b) Obtains all water from, but is not owned by, a public water system where the rules of this chapter or chapter 246-290 WAC apply; and

     (c) Does not sell water directly to any person.

     (3) The rules of this chapter do not apply to a Group B system that provides water to one or two service connections, except:

     (a) In a county in which a local board of health has adopted requirements for Group B systems with one or two service connections; or

     (b) When the department determines that it is necessary to protect public health and safety, such as if the system serves a connection with a use listed under WAC 246-291-010 (62)(a) through (g).

     (4) A proposed Group B system shall meet planning, engineering, and design requirements under WAC 246-290-100 through 246-290-250 if:

     (a) The design submitted under WAC 246-291-120 proposes to supply water to another public water system and the combined number of service connections or total population served meets the definition of a Group A public water system; or

     (b) The proposed system is being designed to serve ten to fourteen residential service connections using average household population standards as required under WAC 246-291-200(2).

[]

     "Confirmation" means to demonstrate the results of a sample to be precise by analyzing a repeat sample. Confirmation occurs when analysis results fall within plus or minus thirty percent of the original sample.)) The definitions, abbreviations, and acronyms in this section apply throughout this chapter unless the context clearly indicates otherwise.

     (1) "Acute" means posing an immediate risk to human health.

     (2) "ADD (average day demand)" means the total volume of water produced from all sources of supply over a calendar year divided by three hundred sixty-five.

     (3) "APWA" means American Public Works Association.

     (4) "ASTM" means American Society for Testing and Materials.

     (5) "AWWA" means American Water Works Association.

     (6) "Board" means the Washington state board of health.

     (7) "Certified lab" means an analytical laboratory meeting requirements under chapters 246-390 and 173-50 WAC for one or more drinking water analytical parameters.

     (8) "Coliform bacteria" means a group of rod-shaped bacteria found in the gastrointestinal tract of vertebrate animals. The presence of coliform bacteria in water is an indicator of possible fecal contamination.

     (9) "Contaminant" means a substance present in drinking water which may adversely affect the health of the consumer or the aesthetic qualities of the water.

     (10) "Critical water supply service area" means a geographical area characterized by a proliferation of small, inadequate water systems, or by water supply problems that threaten the present or future water quality or reliability of service in a manner that efficient and orderly development may best be achieved through coordinated planning by the water utilities in the area.

     (11) "Cross-connection" means ((a physical arrangement connecting a public water system, directly or indirectly, with anything other than another potable water system, and capable of contaminating the public water system)) any actual or potential physical connection between a public water system or a consumer's water system and any source of nonpotable liquid, solid, or gas that could contaminate the potable water supply by backflow.

     (12) "Cross-connection control plan" means a document that identifies the procedures the purveyor uses to protect the Group B system from contamination from cross-connections.

     (13) "Department" means the Washington state department of health ((or health officer as identified in a joint plan of operation in accordance with WAC 246-291-030(1))).

     (14) "Disinfection" means the use of chlorine or other agent or process the department approves for killing or inactivating microbiological organisms, including pathogenic and indicator organisms.

     (15) "Distribution system" means ((that portion)) all piping components of a ((public water supply)) Group B system ((which stores, transmits, pumps, and distributes water to consumers)) that serve to convey water from transmission mains linked to source, storage, and treatment facilities to the consumer excluding individual services.

     (16) "Drilled well" means a well where the well hole is excavated by mechanical means such as rotary, cable tool, or auger drilling equipment.

     (17) "Dwelling unit" means a structure, or unit within a structure, with independent living facilities for one or more persons that includes permanent provisions for living, sleeping, eating, cooking, and sanitation. A dwelling unit includes, but is not limited to:

     (a) A single-family residence; or

     (b) Each unit of an apartment building or multifamily building.

     (18) "Ecology" means the Washington state department of ecology.

     (19) "Equalizing storage" means the volume of storage needed to supplement supply to consumers when the peak hourly demand exceeds the total source pumping capacity.

     (20) "Expanding ((public water)) Group B system" means a ((public water)) Group B system installing additions, extensions, changes, or alterations to ((their)) its existing source, transmission, storage, or distribution facilities ((which)) that will enable the system to increase ((in)) the size of its existing service area ((and/))or ((its)) the number of approved service connections.

     (21) "Fire flow" means the maximum rate and duration of water flow needed to ((fight)) suppress a fire((s)) under WAC 246-293-640 or ((adopted city, town, or county)) as required under local fire protection authority standards.

     (22) "Fire suppression storage" means the volume of stored water available during fire suppression activities maintaining a pressure of at least 20 psi (140 kPa) at all points throughout the distribution system, and under the condition where the designed volume of fire suppression and equalizing storage has been depleted.

     (23) "Generator disconnect switch" means an electrical ((circuit arranged to allow connection of a generator to the power supply for the pumping equipment while prohibiting)) device that physically prevents electrical current from flowing back into the main service line.

     (("Ground water under the direct influence of surface water (GWI)" means any water beneath the surface of the ground, which the department determines has the following characteristics:

     Significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia Cryptosporidium; or

     Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH closely correlating to climatological or surface water conditions.

     "Group B water system" means a public water system:

     Constructed to serve less than fifteen residential services regardless of the number of people; or

     Constructed to serve an average nonresidential population of less than twenty-five per day for sixty or more days within a calendar year; or

     Any number of people for less than sixty days within a calendar year.)) (24) "gpm" means gallons per minute.

     (25) "Group A public water system" is defined and referenced under WAC 246-290-020.

     (26) "Group B public water system" or "Group B system" means a public water system that is not a Group A public water system, and is defined and referenced under WAC 246-291-005.

     (27) "Guideline" means a department document assisting ((the owner)) a purveyor in meeting a rule or statutory requirement.

     (28) "GWI (groundwater under the direct influence of surface water)" means any water beneath the surface of the ground, that the department determines has the following characteristics:

     (a) Presence of insects or other macroorganisms, algae, or larger-diameter pathogens such as Giardia lamblia or Cryptosporidium; or

     (b) Significant and relatively rapid shifts in water conditions such as turbidity, temperature, conductivity, or pH closely correlating to weather or surface water conditions, where natural conditions cannot prevent the introduction of surface water pathogens into the source at the systems' point of withdrawal.

     (29) "Health officer" means the health officer of the ((city, county, city-county)) local health ((department or district)) jurisdiction, or an authorized representative.

     (30) "Human consumption" means the use of water for drinking, bathing, showering, handwashing, cooking, food preparation, dishwashing, ice-making, or oral hygiene.

     (31) "Hydraulic analysis" means the study of the ((water system network evaluating water flows within the distribution system under worst case conditions such as, peak hourly design flow plus fire flow, when required. Hydraulic analysis includes consideration of all factors affecting system energy losses)) Group B system's distribution main and storage network to determine the system's present or future adequacy for providing service to consumers within the established design parameters for the system under peak flow conditions, including fire flow. The analysis establishes the adequacy of design for distribution system components such as piping, elevated storage, booster stations or similar facilities used to pump and convey water to consumers.

     (32) "Infiltration gallery" means a water collection system built of perforated pipe or conduit and placed in permeable earth, for collecting shallow groundwater. An infiltration gallery is usually located close to springs, wetlands, streams, or ponds.

     (33) "Intertie" means an interconnection between public water systems permitting the exchange or delivery of water between those systems.

     (34) "JPR (joint plan of responsibility)" means a written agreement between the department and local health jurisdiction that:

     (a) Lists the roles and responsibilities of the department and health officer for reviewing and approving Group B system designs;

     (b) Provides for a level of supervision necessary to effectively achieve the responsibilities in the JPR;

     (c) Is signed by an authorized representative from the department and local health jurisdiction; and

     (d) Is reviewed at least once every five years and updated as needed.

     (35) "kPa" means kilo pascal (Standard International units of pressure).

     (36) "Local board of health" means the governing body of a county health department under chapter 70.05 RCW, or a health district under chapter 70.46 RCW.

     (37) "Local health jurisdiction" means a county health department under chapter 70.05 RCW, city-county health department under chapter 70.08 RCW, or health district under chapter 70.46 RCW.

     (38) "Local permitting authority" means the local building official, health officer, or authorized representative that makes determinations regarding building permits and development proposals.

     (39) "MCL (maximum contaminant level (((MCL)))" means the maximum permissible level of a contaminant in water ((delivered)) the purveyor delivers to any ((public water)) Group B system ((user)) consumer, measured at the source before entry to the distribution system.

     (("Maximum contaminant level violation" means a confirmed measurement above the MCL and for a duration of time, where applicable.

     "Owner" means any agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity that holds as property, a public water system.)) (40) "MDD (maximum day demand)" means the highest actual or estimated quantity of water that is, or is expected to be, used over a twenty-four hour period, excluding unusual events or emergencies.

     (41) "mg/L" means milligrams per liter (1mg/L = 1 part per million).

     (42) "ml" means milliliter.

     (43) "mm" means millimeter.

     (44) "Nonresidential service connection" means a connection to a public water system that provides potable water including, but not limited to a:

     (a) Commercial property;

     (b) Industrial property;

     (c) Civic property;

     (d) Municipal property;

     (e) Institutional property;

     (f) School;

     (g) Recreational use as defined in this section; or

     (h) Any other authorized use that provides potable water to a nonresidential population.

     (45) "PAS" means pitless adaptor standard.

     (46) "PHD (peak hourly ((design flow)) demand)" means the maximum rate of water use, excluding fire flow((, which)) that can ((be expected to ever)) occur within a defined service area over a continuous sixty minute time period. PHD is typically expressed in gallons per minute (gpm).

     (47) "Potable" means water ((suitable)) safe for ((drinking by the public)) human consumption.

     (("Pressure zone" means a distribution system whereby an established minimum and maximum pressure range can be maintained without the use of ancillary control equipment (e.g., booster pumps, pressure reducing valves, etc.).)) (48) "Potential GWI" means a source identified by the department or local health jurisdiction as possibly under the direct influence of surface water including, but not limited to a:

     (a) Well that has a screened interval fifty feet or less from the ground surface at the wellhead and is located within two hundred feet of a freshwater surface water body;

     (b) Ranney well;

     (c) Infiltration gallery; or

     (d) Spring.

     (49) "Primary ((standards)) MCL" means a standard((s)) based on chronic, nonacute, or acute human health effects.

     (50) "psi" means pounds per square inch.

     (51) "Public water system" means any system providing water for human consumption through pipes or other constructed conveyances, excluding a system serving only one single-family residence and a system with four or fewer service connections all of which serve residences on the same farm((, providing piped water for human consumption, including)). The term includes:

     (a) Collection, treatment, storage, or distribution facilities under the control of a purveyor and used primarily in connection with ((such)) the system((.

     "Repeat sample" means a sample collected to confirm the results of a previous analysis.)); and

     (b) Collection, or pretreatment storage facilities not under the control of a purveyor, and primarily used in connection with the system.

     (52) "Purveyor" means an agency, subdivision of the state, municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or other entity owning or operating a public water system, or applying to create a public water system. Purveyor also means the authorized agents of these entities.

     (53) "Ranney well" means a water well or collection system including a central chamber with horizontal perforated pipes extending out into an aquifer. The perforated pipes may extend out under a surface water body such as a lake or river.

     (54) "Recreational service connection" means a connection to a public water system that provides potable water to each:

     (a) Campsite; or

     (b) Recreational vehicle site.

     (55) "Residential service connection" means a connection to a public water system that provides potable water to a dwelling unit.

     (56) "Same farm" means a parcel of land or series of parcels ((which are)) connected by covenants and devoted to the production of livestock or agricultural commodities for commercial purposes ((and does not qualify as a Group A water system)).

     (57) "Sanitary survey" means a review, inspection, and assessment of a public water system by the department or local health jurisdiction.

     (58) "SCA (sanitary control area)" is defined under WAC 246-291-125(5).

     (59) "SMA (satellite system management agency)" means a person or entity approved by the department in accordance with chapter 246-295 WAC to own or operate public water systems on a regional or county-wide basis without the necessity for a physical connection between the systems.

     (60) "Secondary ((standards)) MCL" means a standard((s)) based on factors other than health effects ((such as taste and odor)).

     (("Sell" means to bill separately for drinking water or to include drinking water as part of an itemized listing in a bill delivered to customers, where the amount billed is an increase over what the purveyor pays for water. The presence of centralized source or individual service meters does not affect whether the water is being sold.))

     (61) "Service connection" means a ((connection to a public water system designed to provide potable water)) residential, nonresidential, or recreational service connection as defined in this section.

     (("Special purpose sample" means a sample collected for reasons other than the monitoring compliance specified in this chapter.

     "Standard methods" means the 18th edition of the book, titled Standard Methods for the Examination of Water and Waste Water, jointly published by the American Public Health Association, American Water Works Association (AWWA), and Water Pollution Control Federation. This book is available through public libraries or may be ordered from AWWA, 6666 West Quincy Avenue, Denver, Colorado 80235.

     "State board of health" and "board" means the board created by RCW 43.20.030.)) (62) "Single family residence" means a structure in which one or more persons maintain a common household. A structure is not a single family residence if it is used for an activity requiring a permit or license under one or more of the following rules:

     (a) Food service, chapter 246-215 WAC;

     (b) Food inspection, chapter 16-165 WAC;

     (c) Residential treatment facility, chapter 246-337 WAC;

     (d) Transient accommodations, chapter 246-360 WAC;

     (e) Boarding homes licensing rules, chapter 388-78A WAC;

     (f) Minimum licensing requirements for child care centers, chapter 170-295 WAC;

     (g) School-age child care center minimum licensing requirements, chapter 170-151 WAC; or

     (h) Adult family home minimum licensing requirements, chapter 388-76 WAC.

     (63) "Spring" means a source of water where the aquifer comes in contact with the land surface.

     (64) "Surface water" means a body of water open to the atmosphere and subject to surface runoff, including captured rainfall.

     (("Volatile organic chemical (VOC)" means a manufactured carbon-based chemical that vaporizes quickly at standard pressure and temperature.

     "Water facilities inventory form (WFI)" means the department form summarizing each public water system's characteristics.

     "Well field" means a group of wells one system owns or controls which:

     Draw from the same aquifer or aquifers as determined by comparable inorganic chemical analysis; and

     Discharge water through a common pipe and the common pipe shall allow for collection of a single sample before the first distribution system connection.)) (65) "WSDOT" means Washington state department of transportation.

     (66) "Water right" means a permit, claim, or other authorization, on record with or accepted by the department of ecology, authorizing the beneficial use of water in accordance with all applicable state laws.

     (67) "Well site inspection" means a physical inspection of the area near an existing or proposed well location, and completion of a department or health officer-approved form that identifies the suitability of the site for a public water supply well.

[Statutory Authority: RCW 43.20.050. 95-20-078, § 246-291-010, filed 10/4/95, effective 11/4/95; 94-14-002, § 246-291-010, filed 6/22/94, effective 7/23/94.]

     (2) In addition to the requirements ((imposed by the department)) under chapter 246-290 WAC, the processing of bottled water and ice is regulated by the state department of agriculture under chapter 69.07 RCW, and the United States Food and Drug Administration under 21 C.F.R. 165.110.

[Statutory Authority: RCW 43.20.050. 95-20-078, § 246-291-025, filed 10/4/95, effective 11/4/95; 94-14-002, § 246-291-025, filed 6/22/94, effective 7/23/94.]

     (b) The ((department and the health officer for each local health jurisdiction may develop a joint plan of operation. Responsibility for administering these rules shall remain with the department of health unless there is a joint plan of operation in place. This plan shall:

     (a) List the roles and responsibilities and specifically designate those systems for which the department and local health officer have primary responsibility;

     (b) Provide a list of water system requirements and procedures which the local board of health may waive for systems within its jurisdiction;

     (c) Provide for a level of water system supervision necessary to effectively achieve listed responsibilities;

     (d) Be signed by the department and the local health department or district; and

     (e) Be reviewed at least once every five years and updated as needed.

     Wherever in these rules the term "department" is used, the term "health officer" may be substituted based on the terms of this joint plan of operation.

     (2) The)) local health jurisdiction has accepted primary responsibility for administering this chapter in a JPR.

     (2) Existing local rules shall remain in effect, except requirements of this chapter that are more stringent than the local board of health rules.

     (3) In addition to the requirements of this chapter for Group B systems, local board of health rules may include, but are not limited to:

     (a) System operations and maintenance;

     (b) Ongoing water quality and water use monitoring;

     (c) Reporting of water quality and water use monitoring data to the local health jurisdiction;

     (d) System inspections or sanitary surveys;

     (e) Public notification;

     (f) Additional requirements for existing systems to be considered in compliance; and

     (g) Regulation of systems with one or two service connections.

     (4) A local board of health may adopt rules ((pursuant to RCW 70.05.060 governing public water systems for which the health officer has assumed primary responsibility. Adopted local board of health rules shall be:

     (a) No less stringent and may be more stringent than this chapter; and

     (b) Revised, if necessary, within twelve months after the effective date of revised state board of health rules. During this time period, existing local rules shall remain in effect, except provisions of the revised state board of health rules which are more stringent than the local board of health rules shall apply.

     (3) For residential systems with only two services, the department may eliminate any or all requirements of these rules.

     (4) For any residential system, the department may eliminate all ongoing requirements of these rules, except for recordkeeping and reporting requirements under WAC 246-291-260, provided the system has been granted an initial approval or an existing system has been categorized as fully approved/adequate or provisionally approved.

     (5) The health officer may approve design reports and water system plans which reflect good engineering practice such as those found in the department guideline titled Group B Water System Approval, for those public water systems where the health officer has assumed primary responsibility.

     (6) The health officer may allow system owners to substitute results of a calculated fixed radius method and a ten year time of travel criteria instead of using the six hundred foot radius prescribed in WAC 246-291-100 (2)(f) and 246-291-110 (3)(f).

     (7) The department may develop and distribute guidelines to clarify sections of the rules as needed.

     (8) Fees may be charged by the department of health as authorized in RCW 43.20B.020 and by local health agencies as authorized in RCW 70.05.060 to recover all or a portion of the costs incurred in administering these rules)) that require a purveyor of a Group B system to obtain an annual operating permit as authorized under RCW 70.119A.130.

[Statutory Authority: RCW 43.20.050. 95-20-078, § 246-291-030, filed 10/4/95, effective 11/4/95; 94-14-002, § 246-291-030, filed 6/22/94, effective 7/23/94.]

     (2) When enforcing the MCLs under this chapter, the department shall enforce compliance with the primary MCLs as its first priority)) under RCW 70.119A.030 and 70.119A.040.

     (2) A health officer may initiate enforcement actions as authorized under RCW 70.46.060 and 70.119A.050, and as authorized under local board of health rules.

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-050, filed 6/22/94, effective 7/23/94.]

     (2) Consideration by the board or local health officer of requests for waivers shall)) A health officer or local board of health may grant a waiver from the requirements of this chapter, provided that:

     (a) The local health jurisdiction has:

     (i) Adopted rules under RCW 70.05.060 or 70.46.060 that are at least as stringent as this chapter; or

     (ii) Accepted primary responsibility for administering this chapter in a JPR;

     (b) The health officer conditions the approval of a waiver to include, at a minimum:

     (i) Water quality treatment;

     (ii) Monitoring; or

     (iii) Maintenance and oversight; and

     (c) The health officer obtains sufficient evidence from a purveyor that a proposed Group B system will deliver drinking water that does not exceed a primary MCL under WAC 246-291-170, and will provide an adequate supply of water under WAC 246-291-125(3).

     (2) The health officer shall not grant a waiver from the residential population requirement for each dwelling unit under WAC 246-291-200(2).

     (3) A request for a waiver is not ((be)) considered an adjudicative proceeding((s)) as ((that term is)) defined ((in)) under chapter 34.05 RCW.

     (((3) Statements and written material regarding the request may be presented to the board or local health officer wherein the application will be considered.))

     (4) ((The board or local health officer may grant a waiver if it determines the water system is unable to comply with the requirements and granting of the waiver will not result in an unreasonable risk to the health of consumers. No waivers may be granted for exceedance of a primary MCL.

     (5))) A waiver granted under this section shall ((lapse two)) expire five years from the date of issuance ((unless the water system project has been completed or an extension is granted)) if construction of the Group B system is not completed.

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-060, filed 6/22/94, effective 7/23/94.]

     (2) The department or health officer shall approve a new or expanding Group B system consistent with requirements under WAC 246-293-190 and RCW 70.116.060(3).

     (3) A new Group B system must comply with SMA requirements under RCW 70.119A.060.

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     (a) Installing a new ((water)) Group B system((, or water system extension or improvement with the following exceptions:

     (a) Installation of valves, fittings, and meters)); or

     (b) ((Repair of a system component or replacement with a similar component of the same capacity; and

     (c) Maintenance or painting of surfaces not contacting potable water.)) Providing service to more than the current approved number of service connections.

     (2) ((Design reports submitted for approval by owners of systems required to have a water system plan, will not be considered for approval unless there is a current approved water system plan and the plan adequately addresses the project.

     (3) Design reports shall include, at a minimum, the following:)) To obtain design report approval for a Group B system, a purveyor shall provide a copy of the following, at a minimum, to the department or health officer:

     (a) ((Alternatives. Verify contacts with other water system owners as applicable in accordance with WAC 246-291-140(2);)) Documentation that creating a new system or expanding an existing system does not conflict with any applicable coordinated water system plan adopted under chapter 246-293 WAC;

     (b) ((Legal considerations. Identify legal aspects such as ownership, right of way, sanitary control area, and restrictive covenants;)) Documentation that creating a new system complies with the SMA requirements under RCW 70.119A.060(2);

     (c) ((Engineering calculations. Describe how the project complies with the design considerations;)) Source approval under WAC 246-291-125 or 246-291-135;

     (d) ((Drawings. Include detailed drawings of each project component;)) Documentation that all requirements under WAC 246-291-140 are met;

     (e) A system design that complies with the requirements under WAC 246-291-200 including, but not limited to:

     (i) Drawings of each project component, including:

     (A) Location;

     (B) Orientation;

     (C) Size; and

     (D) Easements for:

     (I) Future access and maintenance of distribution system pipelines located on private property, or franchise agreements necessary for distribution system pipelines located within public right of way; and

     (II) Other system components, including access and maintenance of reservoirs, wells, and pumping stations.

     (ii) Material specifications((. List detailed material specifications)) for each project component;

     (((f))) (iii) Construction specifications((. List detailed construction specifications)) and assembly techniques ((for carrying out the project));

     (((g))) (iv) Testing((. Identify testing)) criteria and procedures ((for each applicable portion of the project)); and

     (((h))) (v) A description of disinfection((. Identify specific disinfection)) procedures ((which must conform with American Water Works Association standards or other standards acceptable by the department;

     (i) Inspection. Identify provisions for inspection of the installation of each project component. See WAC 246-291-040 for construction reporting requirements; and

     (j) Change orders. All changes except for minor field revisions must be submitted to and approved by the department in writing.

     (4) Approval of design reports shall be in effect for two years unless the department determines a need to withdraw the approval. An extension of the approval may be obtained by submitting a status report and a written schedule for completion. Extensions may be subject to additional terms and conditions imposed by the department)) as required under WAC 246-291-220.

     (3) The design report shall be prepared, sealed, and signed in accordance with chapter 196-23 WAC by a professional engineer who:

     (a) Is licensed in the state of Washington under chapter 18.43 RCW; and

     (b) Has specific expertise regarding design, operation, and maintenance of public water systems.

     (4) A local health jurisdiction that has accepted primary responsibility in a JPR under WAC 246-291-030 may adopt by rule, an exception to the professional engineer requirement for Group B systems that:

     (a) Do not use a variable speed pump;

     (b) Do not provide fire flow;

     (c) Do not have special hydraulic considerations;

     (d) Do not have atmospheric storage in which the bottom elevation of the storage reservoir is below the ground surface; and

     (e) Serve fewer than ten service connections.

     (5) A purveyor shall submit a "Construction Completion Report for Public Water System Projects" to the department or health officer on a form approved by the department or health officer within sixty days of construction completion, and before use of any approved Group B system. The form must:

     (a) Be signed by a professional engineer, unless the health officer approves the project as meeting the requirements under subsection (4) of this section;

     (b) Include a statement that the project is constructed and completed according to the design report requirements under this chapter; and

     (c) Include a statement that the installation, testing, and disinfection of the Group B system is completed in accordance with this chapter.

     (6) All design changes, except for minor field revisions, must be submitted in writing to, and approved by, the department or health officer.

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-120, filed 6/22/94, effective 7/23/94.]

     (a) Drinking water shall be obtained from the highest quality source feasible.

     (b) All permanent groundwater sources must:

     (i) Be designed to be physically connected to the distribution system;

     (ii) Be a drilled well constructed in accordance with chapter 173-160 WAC; and

     (iii) Meet water quality requirements under WAC 246-291-170.

     (c) The department or health officer shall not approve a design for a new or expanding Group B system using a GWI source.

     (d) The department or health officer shall not approve a design for a new or expanding Group B system using a potential GWI source until a hydrogeologic evaluation is completed by a licensed hydrogeologist or engineer that determines the source is not GWI. The GWI evaluation and determination must be completed before the department or health officer will review the Group B design report.

     (2) Before pursuing groundwater source approval under this section, a purveyor shall contact the department or local health jurisdiction to identify any additional requirements.

     (3) A purveyor shall provide a copy of the following to the department or health officer to obtain groundwater source approval:

     (a) The water right permit, if required, for the source, quantity, type, and place of use;

     (b) The water well report, as required under WAC 173-160-141;

     (c) The well site inspection report form completed by the department or local health jurisdiction, or designee;

     (d) A map showing:

     (i) The project location;

     (ii) A six hundred foot radius around the well site designating the preliminary short-term groundwater contribution area; and

     (iii) The perimeter of a one hundred foot SCA, meeting the requirements in subsection (4) of this section.

     (e) A map showing topography, distances to the well from existing property lines, buildings, potential sources of contamination within the six hundred foot radius around the well, and any other natural or man-made features that could affect the quality or quantity of water;

     (f) The recorded legal documents for the SCA;

     (g) Results from an initial analysis of raw source water quality from a certified lab, including, at a minimum:

     (i) Coliform bacteria;

     (ii) Inorganic chemical and physical parameters under WAC 246-291-170, Tables 2, 3, and 4; and

     (iii) Other contaminants, as directed by the department or health officer in areas where it determines that other contamination may be present.

     (h) Pump test data establishing groundwater source capacity including, but not limited to:

     (i) Static water level;

     (ii) Sustainable yield;

     (iii) Drawdown;

     (iv) Recovery rate; and

     (v) Duration of pumping.

     (i) Additional pump testing in locations where water resource limitations or known seasonal groundwater fluctuations may affect future reliability as directed by the department or health officer.

     (4) Groundwater source capacity.

     (a) A groundwater source for a Group B system with residential connections must be pump tested to determine if the well(s) and aquifer are capable of reliably supplying water that meets the minimum requirements under Table 1 of this section.

     (b) A groundwater source must be pump tested to determine if the well(s) and aquifer are capable of supplying water at the rate required to provide the water volume as determined under WAC 246-291-200 for a source supplying a Group B system with:

     (i) Nonresidential service connections; or

     (ii) Both residential and nonresidential service connections.

     (c) Where a locally adopted watershed plan or ecology watershed rule under TITLE 173 WAC establishes a higher water supply requirement, the purveyor shall use the higher value to assess the adequacy of the source of supply.

     (d) A purveyor shall design the Group B system to meet the requirements under Table 1, even if a locally adopted watershed plan or watershed rule under TITLE 173 WAC limits water use below the values in Table 1.

     (a) A purveyor shall establish the SCA around each groundwater source to protect it from contamination.

     (b) The SCA must have a minimum radius of one hundred feet, unless technical justification submitted by a licensed hydrogeologist or engineer to the department or health officer supports a smaller area. The justification must address geological and hydrogeological data, well construction details, and other relevant factors necessary to provide adequate sanitary control.

     (c) The department or health officer may require a larger SCA if geological and hydrological data support such a decision.

     (d) A purveyor shall own the SCA, or the purveyor shall have the right to exercise complete sanitary control of the land through other legal provisions.

     (e) A purveyor shall record a restrictive covenant to the title of each property that is sited partially or completely within the SCA to protect the SCA in perpetuity.

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     (a) A copy of the intertie agreement under subsection (2) of this section;

     (b) Evidence that the supplying water system currently operates in compliance with chapter 246-290 or 246-291 WAC;

     (c) Location of the proposed intertie;

     (d) Information on any water quality issues and treatment being used;

     (e) Demonstration of the source capacity and hydraulic capacity of the supply and receiving systems at the designed flow rate through the intertie;

     (f) A copy of the water right or water right change issued by ecology, if required under RCW 90.03.383;

     (g) Identification of alternative sources that will be used when the intertie agreement expires if the water is not being provided in perpetuity; and

     (h) Verification that a source meter has been installed to measure water received.

     (2) An intertie agreement between purveyors must identify:

     (a) Specific time periods in which water will be provided;

     (b) The volume of water available for use, including any seasonal or other restrictions; and

     (c) How operations will be coordinated.

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     (h) Other information required by the department.)) (1) A purveyor submitting a new or expanding Group B system design for approval shall provide the following information to the department or health officer:

     (a) The system's management and ownership;

     (b) The system's service area and existing and proposed major facilities;

     (c) The maximum number of service connections the system can safely and reliably supply;

     (d) The relationship and compatibility with other locally adopted plans;

     (e) The amount of revenue needed to operate and maintain the system, and a plan to meet revenue needs;

     (f) A cross-connection control plan if any existing cross-connections are identified;

     (g) Security measures under the strict control of the purveyor to be provided to protect the water source, water storage reservoir, and the distribution system;

     (h) For systems that will use sources with a well pump test indicating a yield of 5.0 gpm or less, a contingency plan describing short-term and long-term measures to restore water to consumers in the event the well(s) cannot provide an adequate supply of water;

     (i) The public notification procedures that the purveyor will use as required under WAC 246-291-360.

     (2) A purveyor shall record the following information on each customer's property title before providing water from the Group B system to any service connection:

     (a) System name and a department issued public water system identification number;

     (b) System owner name and contact information;

     (c) The following statement: "This property is served by a Group B public water system that has a design approval under chapter 246-291 Washington Administrative Code";

     (d) Parcel numbers to be served by the system;

     (e) Indicate if the system is designed and constructed to provide fire suppression;

     (f) A copy of any waiver granted under WAC 246-291-060 to the purveyor;

     (g) Indicate:

     (i) If service connections are metered or not;

     (ii) If the purveyor intends to monitor the system for contaminants;

     (iii) How often monitoring will occur; and

     (iv) How the consumers of the system will be notified of monitoring results;

     (h) Contact information for the approving authority (department or local health jurisdiction);

     (i) The type of source treatment provided for any contaminants that exceed secondary MCLs;

     (j) Instructions about how to obtain a copy of the agreements for consumers, if one exists; and

     (k) Other information, as directed by the department or health officer.

[Statutory Authority: RCW 43.20.050. 95-20-078, § 246-291-140, filed 10/4/95, effective 11/4/95; 94-14-002, § 246-291-140, filed 6/22/94, effective 7/23/94.]

     (a) Collected without chlorine, ultraviolet light, ozone, or other disinfectant in use to treat the source;

     (b) Collected after the well has been pumped long enough to allow for collection of a representative sample of the aquifer, as described in the Group B Water System Design Guidelines (2012); and

     (c) Analyzed by a certified lab.

     (2) To meet the requirements for design approval under WAC 246-291-120, a purveyor shall obtain, at a minimum:

     (a) Satisfactory results from two raw source water samples analyzed for coliform bacteria;

     (b) Results from one raw source water sample that have been analyzed for, and do not exceed, any primary MCL in Table 2 of this section; and

     (c) In areas known or suspected to have contaminants of public health concern, one raw source water sample analyzed for the contaminant(s) as directed by the department or health officer.

     (3) When analytical results indicate a presence of coliform bacteria, a purveyor shall do the following:

     (a) Disinfect the source using procedures under WAC 246-291-220; and

     (b) Collect two repeat samples and analyze for coliform bacteria by a certified lab.

     (4) A purveyor shall collect a confirmation raw source water sample and have the sample analyzed for each parameter that exceeded the MCL in the initial sample, if:

     (a) An analysis exceeds a primary MCL in Table 2 of this section; or

     (b) A contaminant of public health concern under subsection (2)(c) of this section exceeds the primary MCL under WAC 246-290-310.

     (5) The department or health officer shall not approve the proposed source if:

     (a) The average concentration from all samples for each substance taken under this section exceeds a primary MCL in Table 2 of this section;

     (b) The repeat sample results collected under subsection (3) of this section indicate a presence of coliform bacteria; or

     (c) A contaminant of public health concern collected under this section exceeds the primary MCL under WAC 246-290-310.

     (6) When an analysis exceeds a secondary MCL in Table 3 or 4 of this section, a purveyor shall include treatment in the Group B system design under WAC 246-291-200 so that drinking water delivered to consumers does not exceed a secondary MCL.

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     (a) The department ((in the)) guideline titled Group B Water System ((Approval)) Design Guidelines (2012);

     (b) Water Systems Council PAS-97(04) Pitless Adapters and Watertight Well Caps (2004);

     (c) Standard specifications of the:

     (i) American Public Works Association;

     (ii) American Society of Civil Engineers;

     (iii) American Water Works Association; and

     (iv) American Society for Testing and Materials.

     (d) Minimum standards for construction and maintenance of wells, chapter 173-160 WAC;

     (e) Recommended Standards for Water Works, A Committee Report of the Great Lakes - Upper Mississippi River Board of State Public Health and Environmental Managers (2007);

     (f) Standard Specifications for Road, Bridge and Municipal Construction (WSDOT/APWA 2012);

     (g) USC Manual of Cross-Connection Control, 10th edition (October 2009);

     (h) PNWS-AWWA Cross-Connection Control Manual, sixth edition (1996);

     (i) International Building Code (IBC) (2012); and

     (j) Uniform Plumbing Code (UPC) (2012).

     (2) ((In addition, owners of new or expanding public water systems shall ensure the following factors are addressed:

     (a) Local conditions, plans and/or regulations;

     (b) Public Water System Coordination Act considerations where appropriate; and

     (c) Other requirements as determined by the department.

     (3) Any pipe, pipe fittings, solder, or flux used in the installation or repair of a public water system shall be lead-free. Within the context of this section, lead-free shall mean having no more than eight percent lead in pipes and pipe fittings, and no more than two-tenths of one percent lead in solder and flux. This prohibition shall not apply to leaded joints necessary for the repair of cast iron pipes.)) A purveyor submitting a new or expanding Group B system design for approval shall:

     (a) Calculate residential population by using 2.5 persons per dwelling unit;

     (b) Use full-time occupancy for each dwelling unit; and

     (c) Use planning, engineering and design criteria under WAC 246-290-100 through 246-290-250 if the system is being designed to serve ten to fourteen residential service connections.

     (3) A purveyor shall demonstrate that the source(s) of supply, pipes and other constructed conveyances are capable of meeting the minimum residential water supply as required under WAC 246-291-125(3) Table 1.

     (4) A new or expanding Group B system must be designed with the capacity to deliver the PHD at 30 psi (210 kPa) measured along property lines adjacent to distribution mains, under the following conditions:

     (a) When all equalizing storage has been depleted, if the system is designed to supply PHD in part with equalizing storage; and

     (b) At the "pump-on" pressure setting for the pump directly supplying the distribution system, when the water system is designed to supply PHD without any equalizing storage.

     (5) If the design PHD exceeds the total source pumping capacity, then sufficient equalizing storage must be provided.

     (6) The minimum design flow and duration required for fire flow and fire suppression storage, if provided, shall be determined by:

     (a) The local fire protection authority; or

     (b) As required under chapter 246-293 WAC for Group B systems within the boundaries of a designated critical water supply service area.

     (7) In the design of a new or expanding Group B system that does not have to comply with minimum fire flow standards, a purveyor shall coordinate with the local fire protection authority to assess if any hydrants create adverse pressure problems as a result of expected fire suppression activities, and address any pressure problems in the design.

     (8) If fire flow is provided, the distribution system must be designed to provide the MDD for the entire Group B system and the required fire flow at a pressure of at least 20 psi (140 kPa) at all points throughout the distribution system when the designed volume of fire suppression and equalizing storage has been depleted.

     (9) The Group B system design must contain a water meter that measures the water use of the entire water system (totalizing source meter) and a source sample tap.

     (10) The use of individual service booster pumps to meet the requirements of this section is prohibited.

     (11) A purveyor shall equip a new or expanding Group B system with a generator disconnect switch.

     (12) A purveyor shall use generally accepted industry standards and practices in the elimination or control of all cross-connections, such as:

     (a) USC Manual of Cross-Connection Control, Tenth Edition, October 2009; and

     (b) PNWS-AWWA Cross-Connection Control Manual, Sixth Edition (1996).

     (13) A pitless unit, pitless adaptor, and vented sanitary well cap must conform with the product, material, installation, and testing standards under the Water Systems Council PAS-97(04) Pitless Adapters and Watertight Well Caps (2004).

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-200, filed 6/22/94, effective 7/23/94.]

     (2) Substantial contact means the degree that a component is in contact with drinking water.

     (a) Examples of water system components considered to be in substantial contact with drinking water include, but are not limited to:

     (i) Storage reservoir interiors, liners, or covers;

     (ii) Treatment, transmission, and distribution piping; or

     (iii) Other water system components that have high potential for contact with drinking water, such as filter media, absorption media, ion exchange resins, and pressure vessels.

     (b) Materials such as valves, pipe fittings, debris screens, gaskets, or similar appurtenances are not considered to be in substantial contact.

     (3) Any chemicals specified for use in the design of treatment for secondary MCLs in Table 3 under WAC 246-291-170, with the exception of commercial grade hypochlorite compounds such as unscented Clorox or Purex, shall comply with ANSI/NSF Standard 60. The design dosage shall not exceed the maximum application dosage recommended for the product as certified by the ANSI/NSF Standard 60.

     (4) Pipes, pipe fittings, fittings, fixtures, solder, or flux used in the design of a new or expanding Group B system shall be lead-free. For the purposes of this section, lead-free means:

     (a) No more than twenty-five one-hundredths of one percent lead in pipes and pipe fittings;

     (b) No more than two-tenths of one percent lead in solder and flux; and

     (c) Fittings and fixtures that are in compliance with standards established in accordance with 42 U.S.C. 300g-6(e).

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     (a) Prevent entry by birds, animals, insects, ((and)) excessive dust ((and shall include appropriate provisions to safeguard against trespass, vandalism, and sabotage. All new distribution reservoirs shall be able to be drained by gravity to daylight)), and other potential sources of external contamination;

     (b) Include:

     (i) A weathertight roof;

     (ii) A lockable access hatch;

     (iii) A screened roof vent;

     (iv) An overflow pipe with atmospheric discharge or other suitable means to prevent a cross-connection;

     (v) A sample tap;

     (vi) A drain to daylight, or an alternative design approved by the department or health officer that is adequate to protect against cross-connection;

     (vii) Tank isolation in order to perform maintenance procedures; and

     (viii) Other appurtenances appropriate for the protection of stored water from contamination;

     (c) Be above normal ground surface level. If the bottom elevation of a storage reservoir must be below normal ground surface:

     (i) The storage reservoir must be placed above the groundwater table; and

     (ii) The top of a partially buried storage reservoir must be at least two feet above normal ground surface.

     (2) ((The owner shall ensure that the distribution system is sized and evaluated using a hydraulic analysis acceptable to the department.

     (3))) A Group B system((s)) designed to ((provide)) supply fire hydrants ((shall)) must have a minimum distribution main size of six inches (150 mm) supplying each hydrant.

     (((4) New water systems or additions to existing systems shall provide a design quantity of water at a positive pressure of at least thirty psi throughout the system under peak hourly design flow conditions measured at any customer's water meter or at the property line if no meter exists.

     (5) If fire flow is to be provided, the distribution system shall be designed to provide the required fire flow at a pressure of at least twenty psi throughout the system during peak hourly design flow conditions.

     (6) Booster pumps needed for individual services shall be subject to review and approval by the department. Installation shall be made under the supervision of the owner to ensure cross-connection control requirements are met. Installation of booster pumps which are an integral part of the system design shall be inspected and certified by the engineer.))

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-210, filed 6/22/94, effective 7/23/94.]

     (c) AWWA C654-03, for well disinfection.

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-220, filed 6/22/94, effective 7/23/94.]

     (5) Where this section may be in conflict with existing state statutes, the more stringent statute shall prevail.)) (1) A purveyor of a Group B system shall notify all the system's consumers in writing before transferring ownership. The notification must include a time schedule for transferring responsibilities, identification of the new owner, and under what type of authority the new ownership will operate.

     (2) At least one year prior to terminating system operation, a purveyor of a Group B system shall notify all consumers in writing and provide a copy of the written notice to the department and health officer.

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-250, filed 6/22/94, effective 7/23/94.]

     (a) Expands to serve a new service connection needing potable water; or

     (b) Provides potable water for a new use of an existing service connection if a local permitting authority requires an approved public water supply as a condition of an approval of the new use.

     (2) A local permitting authority may determine a Group B system constructed before January 1, 2013, without design approval under this chapter, to be adequate for existing connections if, at a minimum, the following requirements are met:

     (a) The system's source(s) must meet well construction standards, under chapter 173-160 WAC;

     (b) A well site inspection completed by the department, local health jurisdiction, or designee has documented that there are no sources of contamination in the SCA that could create a public health risk;

     (c) The system meets water quality standards under WAC 246-291-170, Table 2; and

     (d) The system is capable of maintaining a minimum 20 psi at all points throughout the distribution system during peak demand.

     (3) A purveyor of a Group B system approved prior to January 1, 2013, may provide potable water to additional service connections provided that:

     (a) The expanded use is consistent with the existing design approval;

     (b) The expanded use does not exceed the number of approved service connections; and

     (c) The purveyor complies with all locally adopted requirements.

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     (2) The department or health officer may require ((additional monitoring when it determines contamination is present or suspected in the water system or when it determines the source may be vulnerable to contamination.

     (2) Special purpose samples shall not count toward fulfillment of the monitoring requirements of this chapter.

     (3) The owner shall ensure samples required by this chapter are collected, transported, and submitted for analysis according to department-approved methods. The analyses shall be performed by the state public health laboratory or another laboratory certified by the department. Qualified water utility, certified laboratory, or department personnel may conduct measurements for pH, temperature, residual disinfectant concentration and turbidity as required by this chapter, provided, these measurements are made in accordance with Standard Methods.

     (4) When one Group B water system sells water to another public water system and the cumulative number of services or population served meet the definition of a Group A system, the owner of the selling system shall ensure that source monitoring is conducted in accordance with the minimum requirements for Group A community systems found in chapter 246-290 WAC.)) a purveyor to collect water quality samples, have the samples analyzed by a certified lab, and report results as required under WAC 246-291-360, when the department or health officer:

     (a) Determines a public health risk exists;

     (b) Receives information documenting contamination;

     (c) Receives a report of suspected or known waterborne illness from a health care provider as required under chapter 246-101 WAC; or

     (d) Is aware of, or observes, a situation in which the source may be vulnerable to contamination. For example, a source is vulnerable to contamination from a flood event.

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-300, filed 6/22/94, effective 7/23/94.]

     (5) When a system is granted a waiver for reduction of water quality standards, the owner shall ensure that customers are notified. The owner shall provide a notice annually and send a copy to the department.)) (1) A purveyor of a Group B system shall notify the department, health officer, and all system consumers in writing within twenty-four hours when the purveyor:

     (a) Obtains a water quality sample analysis from a certified lab indicating the presence of E. coli;

     (b) Obtains a water quality sample analysis from a certified lab indicating the presence of nitrate at a concentration at or above 10.0 mg/L; or

     (c) Is aware of circumstances that pose a threat of acute contamination, such as a flood event.

     (2) A purveyor of a Group B system required to monitor water quality under WAC 246-291-300 that is not required to notify consumers within twenty-four hours under subsection (1) of this section shall notify the department, health officer, and all system consumers, in writing, within thirty days of receiving the results from a certified lab if directed by the department or health officer.

     (3) If a Group B system constructed prior to January 1, 2013, has an arsenic concentration exceeding 0.010 mg/L, the purveyor shall notify consumers in writing:

     (a) By March 31, 2013, if the sample analysis result from a certified lab was obtained prior to January 1, 2013;

     (b) Within thirty days of receiving a sample analysis result from a certified lab; or

     (c) Within thirty days of adding a new service connection under WAC 246-291-280(3).

     (4) The public notification must include the following information:

     (a) A description of contamination and any known problem(s);

     (b) What the purveyor is doing to resolve the problem(s);

     (c) Where to get information about potential health effects;

     (d) What the consumers should do to protect their health, including the use of another source of water;

     (e) When the purveyor expects the problem(s) to be resolved; and

     (f) Group B system contact information, including address, phone number, and if available, an e-mail address.

[Statutory Authority: RCW 43.20.050. 94-14-002, § 246-291-360, filed 6/22/94, effective 7/23/94.]

     The following sections of the Washington Administrative Code are repealed:

WAC 246-291-020	Applicability.
WAC 246-291-040	Requirements for engineers.
WAC 246-291-100	Ground water source approval and protection.
WAC 246-291-110	Surface water and GWI source approval and protection.
WAC 246-291-130	Existing system approval.
WAC 246-291-230	Treatment design and operations.
WAC 246-291-240	Reliability.
WAC 246-291-260	Recordkeeping and reporting.
WAC 246-291-270	Cross-connection control.
WAC 246-291-310	General follow-up.
WAC 246-291-320	Bacteriological.
WAC 246-291-330	Inorganic chemical and physical.
WAC 246-291-340	Turbidity.
WAC 246-291-350	Other substances.