Rule 1.1.6

Rule 1.1.6. Construction, Preconstruction, Treatment, and Operational Requirements. Planning and design of improvements for existing public water systems or the creation of new community or non-transient non-community public water system shall be in accordance with the Department’s current version of the “Minimum Design Criteria for Public Water Supplies.” 1. Siting Requirements. Before a person may initiate construction of a new community or non- transient non-community public water system or increase the capacity of an existing community or non-transient non-community public water system, he shall submit sufficient information to the Director for evaluation of the proposed site, to determine whether the site and design of the proposed construction or modification will enable the system to comply with this regulation including Title 40 Code of Federal Regulations Sections 141.63. 2. Plans and Specifications Approval. Prior to advertising for bids and/or initiating construction of a new community or non-transient non-community public water system or making significant extensions or alterations to an existing community or non-transient non-community public water system which may affect the operation of that system, plans and specifications for the proposed construction shall be approved by the Director. Plans and specifications submitted to the Director for approval shall be prepared by a professional engineer licensed to practice in the State of Mississippi. 3. Operation and Maintenance Plans. Each applicant for a new community or non-transient non-community public water system shall submit an operation and maintenance plan for review and approval by the Director. The plan must be approved by the Director prior to beginning construction. 4. Financial and Managerial Viability. Each applicant for a new community or non- transient non-community public water system shall submit financial and managerial information as required by the Public Utilities Staff. Plans and specifications shall not be approved by the Director until written certification of the financial and managerial viability of the new water system is received from the Executive Director of the Public Utilities Staff. 5. Changes to Existing Public Water Systems. Plans and specification for changes to an existing community or non-transient non-community public water systems shall not be approved if the Director determines the changes would threaten the viability of the water system or if the changes may overload the operational capabilities of the water system. 6. Non-Centralized Treatment Devices. Public water systems may utilize point-of-entry devices to comply with maximum contaminant levels as stipulated in the National Primary Drinking Water regulations as published at Title 40 Code of Federal Regulations Sections 141.100 and 141.101. 7. Ban of Use of Lead Products. Any pipe, solder, or flux used in the installation or repair of any public water system, or any plumbing in a residential or nonresidential facility providing water for human consumption which is connected to a public water system shall be lead free. Solders and flux are defined as "lead free" when they contain not more than 0.2 percent lead. Pipes and pipe fittings are defined as "lead free" when they contain not more than 0.25 percent lead in the wetted surface material. Plumbing fittings and fixtures intended by the manufacturer to dispense water for human ingestion are defined as “lead free” when they comply with standards established in accordance with 42 U.S.C. 300g- 6(e). 8. Lead Service Line Replacement. It shall be the responsibility of each supplier of water to comply with the lead service line replacement requirements and lead service line reporting requirements as stipulated in the National Primary Drinking Water Regulations as published under Title 40 Code of Federal Regulations Sections 141.84 and 141.90. 9. Overloaded Public Water Systems. Public water systems that are serving customers in excess of the design capacity as determined by the Director shall be identified as overloaded and shall immediately, upon written notification by the Director, cease adding new customers. Public water systems identified as overloaded shall not add new customers until notified, in writing, by the Director that the system’s design capacity has been increased and that the water system can resume adding new customers. 10. Corrosion Control Treatment. Where deemed necessary based on a determination by the Bureau that the water provided to customers is corrosive in nature, the Director shall have the authority to require corrosion control treatment be installed at existing system treatment facilities where none has been previously and operated properly to prevent corrosive water from delivery to customers. A corrosive water determination will be made based on the established methods outlined in the Department’s Minimum Design Criteria of Public Water Supplies. This required installation of treatment does not require the system to have an exceedance of the Lead and Copper Rule action levels in order for it to occur. 11. Public Water Supply Operations Standards. Operations of the public water supply shall be governed by the applicable provisions of the Federal and State Safe Drinking Water Acts and the Public Water Supply Operations Manual as outlined in the current edition of the Public Water System Operations Manual published by the Bureau of Public Water Supply. As a public water supply, legally responsible official(s) must ensure that those minimal operation standards are performed by the certified waterworks operator and applicable public water supply staff for the safety and welfare of the public water supply’s facilities and customers. 12. Drug Free Operation Policy. Operation of a public water supply should be performed in a manner that is free of both illegal and legal substances that would impair the ability of the certified operator of record and water system personnel to perform their duties and thereby potentially cause harm to the customers of the public water supply that they are charged to operate. By this purpose, the public water system should create and maintain an appropriate Workplace Substance Abuse Policy. If a public water supply becomes aware that a certified operator has operated his/her public water supply while under the influence of illegal or legal substances that impair his/her judgement, official(s) of the public water system shall notify the Bureau of Public Water Supply’s Office of Compliance and Enforcement.