HAR §11-20-29. Use of new sources of raw water for public water systems

(a) No person shall use a new source of raw water to supply a public water system unless the source and its treatment facilities, if any, have been approved by the director. (b) Any person proposing to use a new raw water source to supply a public water system shall submit plans, supporting data, and information in an engineering report to the department. The engineering report shall be prepared by a licensed professional engineer, experienced in such fields as water resources, hydrogeology, water supply, or environmental engineering, and shall include the following: (1) Identification of all significant factors having potential for contaminating or reducing the quality of the water source or which could cause the quality of water delivered to users of the public water 20-136 3376 A §11-20-29 system to be in violation of any state primary drinking water rule; (2) Data relating to quality and quantity of the source waters under normal conditions and during stress periods, drought, or heavy precipitation, as determined by field and laboratory analyses and investigations of available records; if records are not available or are inadequate to determine source quality under stress conditions, an estimate of expected quality and quantity during stress conditions should be established; (3) If the proposed new water source is a surface source, identification of the: (A) Proximity and effects of sources of pollution and the possibility of contamination due to operation of waste treatment facilities or waste disposal systems, accidental spills of hazardous materials, agricultural operations, and any other activities which could introduce contaminants into the water source; (B) Factors affecting the time of travel of actual and potential pollution from its source to the water source; (C) Actual and potential siltation problems; and (D) Possible effects on water quality from existing or proposed upstream impoundments; (4) If the proposed new water source is a well, spring, or infiltration gallery, identification of the: (A) Nature of soil and stratum overlaying the water source, with special emphasis on identification of fissures and faults as it relates to the natural purification or treatment of percolating fluids from existing or future activities; 20-137 §11-20-29 (B) Nature, distance, direction of flow and time of travel of contaminants from present and projected domestic, industrial, and agricultural sources of pollution, and waste injection wells and other waste disposal facilities; and (C) The probability and effect of surface drainage or contaminated underground water entering the subject water source; (5) For each present and projected potential source of contamination, identification and evaluation of alternative control measures which could be implemented to reduce or eliminate the potential for contamination of the water source, including treatment of the water source if subject to contamination, and evaluation of the physical, economic, and social effects of implementing such control measures; (6) Certification by the person proposing to use the new source of raw water to supply a public water system that the new source of raw water and its treatment system, if any, will be operated and maintained to provide water to the public water system that complies with state primary drinking water regulations. This requirement does not apply to new sources of raw water for the county department or board of water or water supply; (7) Certification by the licensed professional engineer responsible for the preparation of the report, that the facts presented in the engineering report are true, to the best of the engineer's information and belief, and that the development of the new source of raw water, and the collection, treatment, and distribution of water from the new source of raw water and its treatment system, if any, are designed to supply water 20-138 3376