Construction Authorization, Final Approval of Construction, Owner-Supervised Program, and Permit to Dispense Water

PURPOSE: This rule sets out criteria for acquisition and revocation of a permit to dispense water to the public, including submission of predesign studies and plans and specifications, system operation and reliability of the system. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Community Water System and Subdivision Requirements. (A) Written Construction Authorization. A supplier of water must obtain written authorization from the department prior to construction, alteration, or extension of any community water system or a water system serving a subdivision, unless the project will be constructed under the provisions of 10 CSR 60-10.010(2)(C)2. or the project is exempt as specified in 10 CSR 60-3.010(4). 1. Two (2) copies of predesign studies pertaining to the project must be submitted to the department before plans and specifications for new water systems or for significant changes to existing water systems are reviewed for approval. 2. Construction authorization shall be requested by submitting written application and two (2) copies of the plans and specifications, as outlined in 10 CSR 60-10.010(2), for the proposed project to the department for review and approval. 3. Preparation of engineering reports, plans, and specifications and inspection of construction for the purpose of assuring compliance with drawings and specifications must be done by an engineer as defined by 10 CSR 60-2.015(2)(E)2. 4. A construction authorization shall be valid for a period of two (2) years from the date of authorization provided construction commences within the two (2) year timeframe. (B) Final Construction Approval. Final construction approval must be obtained from the department for all projects for which construction authorization was issued, before that project is placed into service. A supplier of water which operates a community water system need not obtain construction approval for projects constructed under the provisions of 10 CSR 60-10.010(2)(B). (C) Supervised Construction Program. A supplier of water which operates a community water system may establish a supervised construction program as specified in 10 CSR 60-10.010(2)(B). (D) Permit to Dispense. Except as exempted in subsection (3)(A) of this rule, no water may be dispensed or be made available to the public by any person without first applying for in writing and receiving a permit to dispense water. The department shall issue permits to dispense water to community water systems under the following terms and conditions: 1. A supplier of water establishing a new community water system must, in order to obtain a permit to dispense water— A. Comply with the requirements of 10 CSR 60-10.010; B. Present evidence of the ability to produce water meeting applicable maximum contaminant levels; C. Present evidence of reliable water system operation, consistent with the type of treatment and the degree of automatic control provided; D. Complete an emergency operating plan as described in 10 CSR 60-12.010; and E. For community water systems commencing operation after October 1, 1999, provide proof of continuing operating authority as set forth under 10 CSR 60-3.020 and meet the technical, managerial and financial capacity requirements of 10 CSR 603.030; and 2. A supplier of water which operates an existing community water supply not holding a valid permit to dispense water is operating in violation of the Missouri drinking water statutes and regulations and must apply to the department in writing for a permit. Water suppliers in this category must— A. Present evidence to the department of the ability to produce water meeting applicable maximum contaminant levels; B. Present evidence of reliable water system operation, consistent with the type of treatment and the degree of automatic control provided; C. Submit, in duplicate, certified plans and specifications describing the water source, any treatment facilities and the distribution system to the department. Certification must be either by the engineer preparing the information or if prepared by the owner, be a properly notarized affidavit; D. Provide disinfection with an effective contact time for wells used as a source of supply which were constructed prior to October 1, 1979, and which do not meet community water system construction criteria or where construction cannot be verified by the owner; and E. Complete an emergency operating plan as described in 10 CSR 60-12.010. (2) Noncommunity Water System Requirements. (A) Permit to Dispense. Except as exempted in subsection (3)(A) of this rule, a supplier of water which operates a noncommunity water system must apply in writing to the department for a permit to dispense water to the public. Noncommunity public water systems must present evidence to the department of— 1. The ability to produce water meeting applicable maximum contaminant levels; 2. Reliable water system operation, consistent with the type of treatment and the degree of automatic control provided; and 3. For nontransient noncommunity water systems commencing operation after October 1, 1999, continuing operating authority meeting the requirements of 10 CSR 60-3.020 and technical, managerial and financial capacity meeting the requirements of 10 CSR 60-3.030. (B) Construction Authorization. Each noncommunity supplier of water must notify the department, in advance, of the intent to construct a new or expand an existing water system unless the project is exempt as specified in 10 CSR 60-3.010(4). 1. Noncommunity water systems must obtain written authorization from the department prior to construction, alteration, or extension of the system. 2. Noncommunity water systems utilizing groundwater shall be constructed in accordance with the department’s “Standards for Non-Community Public Water Supplies, 1982,” document published by the Department of Natural Resources, PO Box 176, Jefferson City, MO 65102-0176, dated 1982 which is hereby incorporated by reference without any later amendments or additions. (3) Permits to Dispense Water. (A) Applicability. 1. A water supply meeting all the following conditions is not considered a public water system and as such, is not required to have a permit to dispense if that water supply: A. Consists only of distribution and storage facilities; B. Obtains all of its water from, but is not owned or operated by a public water system to which the regulations apply; C. Does not sell water to any person; and D. Is not a carrier which conveys passengers in interstate commerce. 2. Water systems serving subdivisions are public water systems unless each lot or tract is supplied by a private well with no interconnections to a distribution system and must have a permit to dispense water when serving the thresholds established for community and noncommunity public water systems. 3. Community and noncommunity water systems except as exempted in paragraph (3)(A)1. and 2. of this rule must have a permit to dispense water. (B) Modification or Revocation of a Permit to Dispense. The department may modify or revoke a permit to dispense water, subject to the appeal provisions of section 640.115.5, RSMo, upon a finding that any of the following have occurred: 1. The holder of a permit ceases to function as a public water supply; 2. The holder of a permit fails to correct an operating deficiency or comply with these regulations within a reasonable time after receipt of notice from the department; 3. The department determines that an emergency condition exists in a water supply which endangers, or could be expected to endanger, the health of a person(s) consuming affected water; 4. The public water system changes ownership and the continuing operating authority, as defined in 10 CSR 60-3.020, fails to meet the requirements of 10 CSR 603.020; or 5. For community water systems and nontransient noncommunity water systems against which an administrative order has been issued for significant noncompliance with the federal or state drinking water law or regulations, the water system fails to show that a permanent organization exists that serves as the continuing operating authority and that the continuing operating authority has the necessary technical, managerial, and financial capability for the management, operation, replacement, maintenance, and modernization of the public water system, or the water system is not making substantial progress toward compliance. The continuing operating authority may reapply for a permit to dispense when the compliance issues are resolved. (4) Construction Authorization Exemptions. (A) The following types of projects are exempt from obtaining construction authorization prior to construction: 1. Repair of water main leaks and breaks with the same size and type of pipe; 2. Replacement of a well pump of the same type, horsepower, pump rate, and elevation; 3. Replacement of a bladder tank with a storage capacity of less than one hundred twenty (120) gallons with the same size bladder tank; 4. Painting of a storage tank with paint approved by the National Sanitation Foundation/American National Standards Institute (NSF/ANSI); 5. Internal plumbing and piping replacement within a water system treatment facility; 6. Replacement of a fire hydrant with a hydrant of the same size, type, and flow rate; and/or 7. Subdivisions where each lot or tract is supplied by a private well with no interconnections to a distribution system. AUTHORITY: sections 640.100 and 640.115, RSMo 2016.* Original rule filed May 4, 1979, effective Sept. 14, 1979. Amended: Filed April 14, 1981, effective Oct. 11, 1981. Amended: Filed Aug. 13, 1982, effective Dec. 11, 1982. Amended: Filed Aug. 4, 1987, effective Jan. 1, 1988. Amended: Filed July 12, 1991, effective Feb. 6, 1992. Amended: Filed Feb. 1, 1996, effective Oct. 30, 1996. Emergency amendment filed September 20, 1999, effective September 30, 1999, expired March 27, 2000. Amended: Filed July 1, 1999, effective March 30, 2000. Amended: Filed June 13, 2018, effective Feb. 28, 2019. *Original authority: 640.100, RSMo 1939, amended 1978, 1981, 1982, 1988, 1989, 1992, 1993, 1995, 1996, 1998, 1999 and 640.115, RSMo 1939, amended 1949, 1978, 1998, 2015.