HAR §11-20-43. by the supplier of water and other relevant information

(e) The director may require a supplier of water to use bottled water or point-of-use devices or other means as a condition of granting a variance or an exemption from the requirements of section 11-20-4(d), to avoid an unreasonable risk to health. (f) The supplier of water that uses bottled water as a condition for receiving a variance or an exemption from the requirements of section 11-20-4(d) is fully responsible for the provision of a minimum quantity of bottled water to every person via door-to-door bottled water delivery and shall meet the requirements in either paragraph (1) or (2) below: (1) The director shall require and approve a monitoring program for bottled water. The supplier of water shall develop and put in place a monitoring program that provides reasonable assurances that the bottled water meets all MCLs. The supplier of water shall monitor a representative sample of the bottled water for all contaminants regulated under section 11-20-4(d) the first three months that it supplies the bottled water to the public, and annually thereafter. Results of the monitoring program shall be provided to the director; or (2) The supplier of water shall obtain a certification from the bottled water company that the bottled water supplied has been taken from an "approved source" as defined in 21 C.F.R. §§129.3(a); the bottled water company has conducted monitoring in accordance with 21 C.F.R. §§129.80(g)(1) through (3); and the bottled water does not exceed any MCLs or quality limits as set out in 21 C.F.R. §§103.35, 110, and 129. The supplier of water shall provide the certification to the director the first three months after it supplies bottled water and annually thereafter. 20-164 3376 1 §11-20-43 (g) The supplier of water that uses point-of-use devices as a condition for obtaining a variance or an exemption from NPDWRs for volatile organic compounds shall meet the following requirements: (1) The supplier of water has the responsibility to operate and maintain the point-of-use treatment system; (2) The supplier of water shall develop a monitoring plan and obtain the director's approval for the plan before point-of-use devices are installed for compliance. This monitoring plan shall provide health protection equivalent to a monitoring plan for central water treatment; (3) Effective technology shall be properly applied under a plan approved by the director and the microbiological safety of the water shall be maintained; (4) The supplier of water shall provide certification of performance, field testing, and, if not included in the certification process, a rigorous engineering design review of the point-of-use devices to the director; (5) The design and application of the point-of-use devices shall consider the tendency for an increase in heterotrophic bacteria concentrations in water treated with activated carbon. It may be necessary to use frequent backwashing, post-contactor disinfection, and Heterotrophic Plate Count monitoring to ensure that the microbiological safety of the water is not compromised; and (6) All consumers shall be protected. Every building connected to the public water system shall have a point-of-use device installed, maintained, and adequately monitored. Every building is subject to treatment and monitoring, and that the rights and responsibilities of the public water system customer shall convey with 20-165 3376