Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-01-096 and 07-14-146.

     Title of Rule and Other Identifying Information: Group A Public Water Supplies, chapter 246-290 WAC, the state board of health delegated rule-making authority to the department of health (the department) for this rule revision on November 10, 2004, (the Municipal Water Law (MWL), Planning and Engineering) and May 10, 2006, (Long Term 2 Enhanced Surface Water Treatment Rule (LT2)).

     Hearing Location(s): Lacey Community Center, Woodland Creek Community Park, 6729 Pacific Avenue S.E., Lacey, WA 98503, on November 9, 2007, at 1:00 p.m.; and at Spokane Falls Community College, Student Union Building, Room #17, 3410 West Fort George Wright Drive, Spokane, WA 99224-5288, on November 13, 2007, at 1:00 p.m.

     Date of Intended Adoption: November 16, 2007.

     Submit Written Comments to: Michelle K. Austin, P.O. Box 47822, Olympia, WA 98504-7822, web site http://www3.doh.wa.gov/policyreview/, fax (360) 236-2253, by October 31, 2007.

     Assistance for Persons with Disabilities: Contact Michelle K. Austin by October 26, 2007, TTY (800) 833-6388 or 711.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal has two purposes: To modify existing rule requirements to clearly establish the planning and engineering requirements of the MWL in the state drinking water rules; and to adopt the United States Environmental Protection Agency's (EPA) LT2 rule. The public health objective of the LT2 rule is to strengthen protection against the disease-causing organism Cryptosporidium, a pathogenic protozoan parasite, which is of particular concern because it is resistant to chlorine.

     Reasons Supporting Proposal: The MWL directs changes to the department's planning and engineering review practices. The department is proposing revisions to comply with the law.

     The department has a primacy agreement with EPA to assume lead responsibilities for implementation of the federal Safe Drinking Water Act (RCW 43.20.050). The primacy agreement outlines a number of activities the department must do to maintain primacy for Group A public water systems in the state. To maintain primacy, the LT2 rule must be adopted.

     Statutory Authority for Adoption: RCW 43.20.050.

     Statute Being Implemented: Chapters 70.119A, 90.03, and 43.20 RCW.

     Rule is necessary because of federal law, 40 C.F.R. Parts 9, 141, and 142.

     Name of Proponent: Department of health, division of environmental health, governmental.

     Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Kristin Bettridge, Tumwater, (360) 236-3166.

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

     Is a Small Business Economic Impact Statement (SBEIS) Required for This Proposed Rule?

     Yes, an SBEIS is required for portions of this proposed rule.

     However, DOH has determined that no SBEIS is required for the portions of the rule listed below because they adopt requirements of the MWL without material change. See RCW 19.85.025(3) and 34.05.310 (4)(c). Costs related to these proposed sections are described in the significant analysis prepared under RCW 34.05.328.

     Municipal Water Law Planning and Engineering:

•	Water system plans (WAC 246-290-100 (4)(a)(iv)): Sets a requirement for a municipal water supplier to define its retail service area and include this on its service area map, to cover the requirements in RCW 43.20.260.
•	Duty to provide service (WAC 246-290-106): This section incorporates duty-to-provide-service requirements in RCW 43.20.260.
•	Place of use expansion (WAC 246-290-107): Sets the requirements in RCW 90.03.386 that reference and link to chapter 43.20 RCW allowing a municipal water supplier to expand its place of use as defined in a water right.
•	Consistency with local plans and regulations (WAC 246-290-108 (1), (2), (3)(a), and (4)): Sets requirements to ensure consistency with local plans and regulations as defined in RCW 90.03.386 that reference and link to chapter 43.20 RCW. This is a prerequisite of a municipal water supplier expanding its place of use. This section also covers the necessity to ensure local consistency with the duty-to-provide-service requirements required in RCW 43.20.260.

     Long Term 2 Enhanced Surface Water Treatment Rule: DOH is adopting this federally-mandated rule by reference. DOH is required to adopt this rule to maintain the state's primacy agreement with the United States Environmental Protection Agency. Because this federal rule is adopted by reference, no SBEIS is required under RCW 19.85.025(3) and 34.05.310 (4)(c).

     Minor Clarifications and Corrections: There are numerous clarifications and corrections of typographical errors and citations throughout the document. These changes are exempt because they do not change the substance, meaning, or application of the rule. No SBEIS is required under RCW 19.85.025(3) and 34.05.310 (4)(c).

     Requirements that Need a Small Business Economic Impact Statement: The remainder of this SBEIS will focus on three changes to chapter 246-290 WAC that require analysis. The proposed changes are:

     1. Definitions (WAC 246-290-010): Add definitions for "retail service area" and "service area" to ensure water systems have a basis for defining their retail service area and to identify where their duty to provide service applies.

     2. Water system plans (WAC 246-290-100 (8)(b)): Requires a water system to obtain approval of its water system plan from its governing body before DOH's approval.

     3. Consistency with local plans and regulations (WAC 246-290-108 (3)(b)): Requires documentation that a minimum of sixty days was provided to the local government jurisdiction to review a water system plan. It also allows for local government jurisdictions to request an extension and notify DOH if an inconsistency exists in the water system plan.

     Which Industries are Affected by This Proposed Rule?

     The affected businesses are entities that own water systems that meet the definition of municipal water supplier in RCW 90.03.015 and are small businesses. These are typically small water systems or small companies that own for-profit water systems. The North American Industrial Code System for Washington businesses lists 236 businesses as owning for-profit water systems. Based on our knowledge of this industry, we are certain there are more than 236 for-profit water systems; however, we have no way of knowing how many of these meet the definition of municipal water suppler in RCW 90.03.015.

     What are the Costs of Complying With This Rule for Small Businesses and for the Largest 10% of Businesses Affected?

     The cost of meeting the requirements for the majority of small water systems is $51 or less. Very few water systems with more than 1,000 connections would qualify as a small business and thus fall into a higher cost category.

     The United States Department of Labor and Industry statistics show that the smallest for-profit entities in the water supply industry have an average of one employee and the largest have about twenty employees. To fully evaluate the cost of the rule on small businesses, an evaluation was made based on the size of water system, the cost per connection, and the cost per employee. The following table shows this breakdown.

     All businesses that must comply are "small" as defined in chapter 19.85 RCW. The proposed rule would have a disproportionate impact on smaller small businesses compared with larger small businesses. However, the costs are extremely low for all businesses that must comply.

     If the Rule Imposes a Disproportionate Impact on Small Businesses, What Efforts Were Taken to Reduce That Impact?

     DOH staff consulted with interested stakeholders, including small businesses, through mailings, newsletter articles, web postings, and meetings. The proposed rule was designed to minimize the cost to small water systems, while still ensuring the rule meets the intent of the MWL. Keeping the cost down was done by:

•	Minimizing the requirements for municipal water suppliers that are not expanding, but are required to complete a small water system management program;
•	Integrating planning requirements to the maximum extent possible with current planning requirements; and
•	Working with stakeholders to ensure the rule was written to be as flexible as possible.

     This rule as a whole will impose very minor costs on smaller municipal water suppliers, including those that are small businesses.

     How are Small Businesses Involved in the Development of This Rule?

     Beginning in 2003, DOH staff worked closely with stakeholders, including small water systems, to minimize the burden of this rule. DOH developed preliminary briefing papers in July 2005 on the requirements and sent them out to stakeholders and interested parties for comment. Several stakeholder meetings were held to discuss these requirements. The comments we received resulted in the development of discussion papers in June 2006. The discussion papers outlined alternatives to the requirements. DOH attended several meetings of various interest groups over the summer and early fall of 2006 to solicit comments. The briefing papers were revised in October 2006 based on comments received on the discussion papers. The final briefing papers served as the basis for writing the rule language. The draft rule was then sent out for informal comments during June 2007.

     DOH staff made several presentations targeted toward small water systems during the development of the regulation. Presentations were made to the 2006 Drinking Water Seminars attendees, the Association of Washington Business, the Washington Water and Sewer Districts, the Washington Water Utility Council, and the Washington Water Supply Advisory Committee, which was legislatively created to advise DOH on drinking water issues.

     DOH made additional efforts to obtain input from the Washington Public Utility District Association. PUDs typically manage many small water systems and they provided us with insight into the challenges facing small water systems.

     Will Compliance with the Proposed Rule Cause Affected Businesses to Create or Lose Jobs?

     The per employee costs to comply with the portions of the proposed rule that are not specifically required by law are very low and should not result in any businesses creating or losing jobs. The estimated compliance costs range from $51 per year, per water system (.02 cents per employee hour) for the smallest businesses to $153 per year, per water systems (.10 cents per employee hour) for the largest small business that must comply.

     Conclusion: The impacts to the majority of small water systems are less than $51 and below the minor threshold amount of $100 for the proposed rule sections requiring preparation of an SBEIS. There are a few small water systems that will have costs exceeding $100. DOH staff consulted with stakeholders, including small water system owners, throughout the rule development process. DOH incorporated provisions to minimize the cost of the rule for small water systems while still ensuring it meets the intent of the MWL.

     A copy of the statement may be obtained by contacting Michelle K. Austin, P.O. Box 47822, Olympia, WA 98504-7822, phone (360) 236-3156, fax (360) 236-2253, e-mail michelle.austin@doh.wa.gov.

     A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Michelle K. Austin, P.O. Box 47822, Olympia, WA 98504-7822, phone (360) 236-3156, fax (360) 236-2253, e-mail michelle.austin@doh.wa.gov.

September 24, 2007

Mary C. Selecky

Secretary

OTS-9741.13

AMENDATORY SECTION(Amending WSR 03-08-037, filed 3/27/03, effective 4/27/03)

WAC 246-290-002   Guidance.   (1) The department has numerous guidance documents available to help purveyors comply with state and federal rules regarding drinking water. These include documents on the following subjects:

     (a) Compliance;

     (b) ((System management and financial assistance;

     (c) Ground water protection;

     (d) Growth management;

     (e) Operations/maintenance;

     (f) Operator certification;

     (g) Water system planning;

     (h) Monitoring and water quality;

     (i) System approval;

     (j) Small water systems;

     (k) Water resources;

     (l) Water system design; and

     (m) General information.)) Consumer and public education;

     (c) Contaminants;

     (d) Cross-connection control and backflow prevention;

     (e) Emergency response and drinking water security;

     (f) Engineering design and water treatment;

     (g) Financial assistance and state revolving fund (SRF);

     (h) General information;

     (i) Ground water protection;

     (j) Growth management;

     (k) Operations and maintenance;

     (l) Operator certification;

     (m) Planning and financial viability;

     (n) Regulations;

     (o) Small water systems;

     (p) System approval;

     (q) Water quality monitoring and source protection;

     (r) Water system planning; and

     (s) Water use efficiency.

     (2) The department's guidance documents are available at minimal or no cost by contacting the ((division)) office of drinking water's publication service at (((360) 236-3099)) 360-236-3100 or ((())800(()))-521-0323. Individuals can also request the documents via the internet at http://www.doh.wa.gov/ehp/dw or through conventional mail at P.O. Box 47822, Olympia, Washington 98504-7822.

     (3) Federal guidance documents are available from the Environmental Protection Agency (EPA) for a wide range of topics. These are available from the EPA Office of Ground Water and Drinking Water web site at www.epa.gov/safewater/index.html.

[Statutory Authority: RCW 43.20.050 (2) and (3) and 70.119A.080. 03-08-037, § 246-290-002, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-002, filed 3/9/99, effective 4/9/99.]

     ADD - average day demand;

     AG - air gap;

     ANSI - American National Standards Institute;

     ((APWA - American Public Works Association;

     ASCE - American Society of Civil Engineers;))

     AVB - atmospheric vacuum breaker;

     AWWA - American Water Works Association;

     ((BAT - best available technology;))

     BAT - backflow assembly tester (for WAC ((246-29-490)) 246-290-490);

     C - residual disinfectant concentration in mg/L;

     CCS - cross-connection control specialist;

     CFR - code of federal regulations;

     CPE - comprehensive performance evaluation;

     CT - the mathematical product in mg/L - minutes of "C" and "T";

     CTA - comprehensive technical assistance;

     CWSSA - critical water supply service area;

     DBPs - disinfection by-products;

     DCDA - double check detector assembly;

     DCVA - double check valve assembly;

     DVGW - Deutsche Vereinigung des Gas und Wasserfaches;

     EPA - Environmental Protection Agency;

     ERU - equivalent residential unit;

     gph - gallons per hour;

     gpm - gallons per minute;

     GAC - granular activated carbon;

     GAC10 - granular activated carbon with ten-minute empty bed contact time based on average daily flow and one hundred eighty-day reactivation frequency;

     GWI - ground water under the direct influence of surface water;

     HAA5 - haloacetic acids (five);

     HPC - heterotrophic plate count;

     IAPMO - International Association of Plumbing and Mechanical Officials;

     IBC - International Building Code (formerly known as the Uniform Building Code (UBC));

     kPa - kilo pascal (SI units of pressure);

     MCL - maximum contaminant level;

     MDD - maximum day demand;

     mg/L - milligrams per liter (1 mg/L = 1 ppm);

     mL - milliliter;

     mm - millimeter;

     MRDL - maximum residual disinfectant level;

     MRDLG - maximum residual disinfectant level goal;

     MTTP - maximum total trihalomethane potential;

     NSF - NSF International (formerly known as the National Sanitation Foundation (NSF));

     NTNC - nontransient noncommunity;

     NTU - nephelometric turbidity unit;

     ONORM - Osterreichisches Normungsinstitut;

     PAA - project approval application;

     pCi/L - picocuries per liter;

     PHD - peak hourly demand;

     ppm - parts per million (1 ppm = 1 mg/L);

     psi - pounds per square inch;

     PVBA - pressure vacuum breaker assembly;

     RPBA - reduced pressure backflow assembly;

     RPDA - reduced pressure detector assembly;

     SAL - state advisory level;

     SCA - sanitary control area;

     SDWA - Safe Drinking Water Act;

     SEPA - State Environmental Policy Act;

     SOC - synthetic organic chemical;

     SMA - satellite management agency;

     SPI - special purpose investigation;

     SRF - state revolving fund;

     SUVA - specific ultraviolet absorption;

     SVBA - spill resistant vacuum breaker assembly;

     SWTR - surface water treatment rule;

     T - disinfectant contact time in minutes;

     TTHM - total trihalomethane;

     TNC - transient noncommunity;

     TNTC - too numerous to count;

     TOC - total organic carbon;

     ((UBC - Uniform Building Code;))

     ug/L - micrograms per liter;

     UL - Underwriters Laboratories, Inc.;

     umhos/cm - micromhos per centimeter;

     UPC - Uniform Plumbing Code;

     UTC - utilities and transportation commission;

     VOC - volatile organic chemical;

     WAC - Washington Administrative Code;

     WFI - water facilities inventory ((and report)) form;

     WHPA - wellhead protection area; and

     WUE - water use efficiency.

     "Acute" means posing an immediate risk to human health.

     "((Alternate)) Alternative filtration technology" means a filtration process for substantial removal of particulates (generally > 2 log Giardia lamblia cysts and ≥ 2-log removal of Cryptosporidium oocysts) by other than conventional, direct, diatomaceous earth, or slow sand filtration processes.

     "Analogous treatment system" means an existing water treatment system that has unit processes and source water quality characteristics that are similar to a proposed treatment system.

     "Approved air gap" means a physical separation between the free-flowing end of a potable water supply pipeline and the overflow rim of an open or nonpressurized receiving vessel. To be an air gap approved by the department, the separation must be at least:

     Twice the diameter of the supply piping measured vertically from the overflow rim of the receiving vessel, and in no case be less than one inch, when unaffected by vertical surfaces (sidewalls); and:

     Three times the diameter of the supply piping, if the horizontal distance between the supply pipe and a vertical surface (sidewall) is less than or equal to three times the diameter of the supply pipe, or if the horizontal distance between the supply pipe and intersecting vertical surfaces (sidewalls) is less than or equal to four times the diameter of the supply pipe and in no case less than one and one-half inches.

     "Approved atmospheric vacuum breaker (AVB)" means an AVB of make, model, and size that is approved by the department. AVBs that appear on the current approved backflow prevention assemblies list developed by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research or that are listed or approved by other nationally recognized testing agencies (such as IAPMO, ANSI, or UL) acceptable to the ((local administrative)) authority having jurisdiction are considered approved by the department.

     "Approved backflow preventer" means an approved air gap, an approved backflow prevention assembly, or an approved AVB. The terms "approved backflow preventer," "approved air gap," or "approved backflow prevention assembly" refer only to those approved backflow preventers relied upon by the purveyor for the protection of the public water system. The requirements of WAC 246-290-490 do not apply to backflow preventers installed for other purposes.

     "Approved backflow prevention assembly" means an RPBA, RPDA, DCVA, DCDA, PVBA, or SVBA of make, model, and size that is approved by the department. Assemblies that appear on the current approved backflow prevention assemblies list developed by the University of Southern California Foundation for Cross-Connection Control and Hydraulic Research or other entity acceptable to the department are considered approved by the department.

     "As-built drawing" means the drawing created by an engineer from the collection of the original design plans, including changes made to the design or to the system, that reflects the actual constructed condition of the water system.

     "Authority having jurisdiction" (formerly known as local administrative authority) means the local official, board, department, or agency authorized to administer and enforce the provisions of the Uniform Plumbing Code as adopted under chapter 19.27 RCW.

     "Authorized agent" means any person who:

     Makes decisions regarding the operation and management of a public water system whether or not he or she is engaged in the physical operation of the system;

     Makes decisions whether to improve, expand, purchase, or sell the system; or

     Has discretion over the finances of the system.

     "Authorized consumption" means the volume of metered and unmetered water used for municipal water supply purposes by consumers, the purveyor, and others authorized to do so by the purveyor, including, but not limited to, fire fighting and training, flushing of mains and sewers, street cleaning, and watering of parks and landscapes. These volumes may be billed or unbilled.

     "Average day demand (ADD)" means the total quantity of water use from all sources of supply as measured or estimated over a calendar year divided by three hundred sixty-five. ADD is typically expressed as gallons per day (gpd) per equivalent residential unit (ERU) (((gpd/ERU))).

     "Backflow" means the undesirable reversal of flow of water or other substances through a cross-connection into the public water system or consumer's potable water system.

     "Backflow assembly tester" means a person holding a valid BAT certificate issued ((in accordance with)) under chapter 246-292 WAC.

     "Backflow preventers" means either:

     (a) A premises isolation backflow preventer; or

     (b) An in-premises backflow preventer or preventers, when no premises isolation backflow preventer is installed.

     "Backpressure" means a pressure (caused by a pump, elevated tank or piping, boiler, or other means) on the consumer's side of the service connection that is greater than the pressure provided by the public water system and which may cause backflow.

     "Backsiphonage" means backflow due to a reduction in system pressure in the purveyor's distribution system and/or consumer's water system.

     "Bag filter" means a pressure-driven separation device that removes particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed of a nonrigid, fabric filtration media housed in a pressure vessel in which the direction of flow is from the inside of the bag to outside.

     "Bank filtration" means a water treatment process that uses a well to recover surface water that has naturally infiltrated into ground water through a river bed or bank(s). Infiltration is typically enhanced by the hydraulic gradient imposed by a nearby pumping water supply or other well(s).

     "Best available technology (((BAT)))" means the best technology, treatment techniques, or other means that EPA finds, after examination for efficacy under field conditions, are available, taking cost into consideration.

     "Blended sample" means a sample collected from two or more individual sources at a point downstream of the confluence of the individual sources and prior to the first connection.

     "C" means the residual disinfectant concentration in mg/L at a point before or at the first consumer.

     "Cartridge filter" means a pressure-driven separation device that removes particulate matter larger than 1 micrometer using an engineered porous filtration media. They are typically constructed as rigid or semi-rigid, self-supporting filter elements housed in pressure vessels in which flow is from the outside of the cartridge to the inside.

     "Category red operating permit" means an operating permit identified under chapter 246-294 WAC. Placement in this category results in permit issuance with conditions and a determination that the system is inadequate.

     "Chemical contaminant treatment facility" means a treatment facility specifically used for the purpose of removing chemical contaminants.

     "Clarification" means a treatment process that uses gravity (sedimentation) or dissolved air (flotation) to remove flocculated particles.

     "Closed system" means any water system or portion of a water system in which water is transferred to a higher pressure zone closed to the atmosphere, such as when no gravity storage is present.

     "Coagulant" means a chemical used in water treatment to destabilize particulates and accelerate the rate at which they aggregate into larger particles.

     "Coagulation" means a process using coagulant chemicals and rapid mixing to destabilize colloidal and suspended particles and agglomerate them into flocs.

     "Combination fire protection system" means a fire sprinkler system that:

     Is supplied only by the purveyor's water;

     Does not have a fire department pumper connection; and

     Is constructed of approved potable water piping and materials that serve both the fire sprinkler system and the consumer's potable water system.

     "Completely treated water" means water from a surface or ground water under the direct influence of surface water (GWI) source that receives filtration or disinfection treatment that fully complies with the treatment technique requirements of Part 6 of this chapter as determined by the department.

     "Composite sample" means a sample in which more than one source is sampled individually by the water system and then composited by a certified laboratory by mixing equal parts of water from each source (up to five different sources) and then analyzed as a single sample.

     "Comprehensive monitoring plan" means a schedule that describes both the frequency and appropriate locations for sampling of drinking water contaminants as required by state and federal rules.

     "Comprehensive performance evaluation (CPE)" means a thorough review and analysis of a treatment plant's performance-based capabilities and associated administrative, operation and maintenance practices. It is conducted to identify factors that may be adversely impacting a plant's capability to achieve compliance and emphasizes approaches that can be implemented without significant capital improvements. The comprehensive performance evaluation must consist of at least the following components: Assessment of plant performance; evaluation of major unit processes; identification and prioritization of performance limiting factors; assessment of the applicability of comprehensive technical assistance; and preparation of a CPE report.

     "Comprehensive technical assistance (CTA)" means technical assistance intended to identify specific steps that may help a water treatment plant overcome operational or design limitations identified during a comprehensive performance evaluation.

     "Confirmation" means to demonstrate the accuracy of results of a sample by analyzing another sample from the same location within a reasonable period of time, generally not to exceed two weeks. Confirmation is when analysis results fall within plus or minus thirty percent of the original sample results.

     "Confluent growth" means a continuous bacterial growth covering a portion or the entire filtration area of a membrane filter in which bacterial colonies are not discrete.

     "Construction completion report" means a form provided by the department and completed for each specific construction project to document:

     • Project construction in accordance with this chapter and general standards of engineering practice;

     • Physical capacity changes; and

     • Satisfactory test results.

     The completed form must be stamped with an engineer's seal, and signed and dated by a professional engineer.

     "Consumer" means any person receiving water from a public water system from either the meter, or the point where the service line connects with the distribution system if no meter is present. For purposes of cross-connection control, "consumer" means the owner or operator of a water system connected to a public water system through a service connection.

     "Consumer's water system," as used in WAC 246-290-490, means any potable and/or industrial water system that begins at the point of delivery from the public water system and is located on the consumer's premises. The consumer's water system includes all auxiliary sources of supply, storage, treatment, and distribution facilities, piping, plumbing, and fixtures under the control of the consumer.

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

     "Contingency plan" means that portion of the wellhead protection program section of the water system plan or small water system management program that addresses the replacement of the major well(s) or wellfield in the event of loss due to ground water contamination.

     "Continuous monitoring" means determining water quality with automatic recording analyzers that operate without interruption twenty-four hours per day.

     "Conventional filtration treatment" means a series of processes including coagulation, flocculation, clarification, and filtration that together result in substantial particulate removal in compliance with Part 6 of this chapter.

     "Cost-effective" means the benefits exceed the costs.

     "Council" means the Washington state building code council under WAC 51-04-015(2).

     "Critical water supply service area (CWSSA)" means a geographical area which is characterized by a proliferation of small, inadequate water systems, or by water supply problems which 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.

     "Cross-connection" means any actual or potential physical connection between a public water system or the consumer's water system and any source of nonpotable liquid, solid, or gas that could contaminate the potable water supply by backflow.

     "Cross-connection control program" means the administrative and technical procedures the purveyor implements to protect the public water system from contamination via cross-connections as required in WAC 246-290-490.

     "Cross-connection control specialist" means a person holding a valid CCS certificate issued ((in accordance with)) under chapter 246-292 WAC.

     "Cross-connection control summary report" means the annual report that describes the status of the purveyor's cross-connection control program.

     "CT" or "CTcalc" means the product of "residual disinfectant concentration" (C) and the corresponding "disinfectant contact time" (T) i.e., "C" x "T."

     "CT_99.9" means the CT value required for 99.9 percent (3 log) inactivation of Giardia lamblia cysts.

     "CTreq" means the CT value a system shall provide to achieve a specific percent inactivation of Giardia lamblia cysts or other pathogenic organisms of health concern as directed by the department.

     "Curtailment" means short-term, infrequent actions by a purveyor and its consumers to reduce their water use during or in anticipation of a water shortage.

     "Dead storage" means the volume of stored water not available to all consumers at the minimum design pressure ((in accordance with)) under WAC 246-290-230 (5) and (6).

     "Demand forecast" means an estimate of future water system water supply needs assuming historically normal weather conditions and calculated using numerous parameters, including population, historic water use, local land use plans, water rates and their impacts on consumption, employment, projected water use efficiency savings from implementation of a water use efficiency program, and other appropriate factors.

     "Department" means the Washington state department of health or health officer as identified in a joint plan of operation ((in accordance with)) under WAC 246-290-030(1).

     "Design and construction standards" means department design guidance and other peer reviewed documents generally accepted by the engineering profession as containing fundamental criteria for design and construction of water facility projects. Design and construction standards are comprised of performance and sizing criteria and reference general construction materials and methods.

     "Diatomaceous earth filtration" means a filtration process for substantial removal of particulates (> 2 log Giardia lamblia cysts) in which:

     A precoat cake of graded diatomaceous earth filter media is deposited on a support membrane (septum); and

     Water is passed through the cake on the septum while additional filter media, known as body feed, is continuously added to the feed water to maintain the permeability of the filter cake.

     "Direct filtration" means a series of processes including coagulation, flocculation, and filtration (but excluding sedimentation) that together result in substantial particulate removal in compliance with Part 6 of this chapter.

     "Direct service connection" means a service hookup to a property that is contiguous to a water distribution main and where additional distribution mains or extensions are not needed to provide service.

     "Disinfectant contact time (T in CT)" means: When measuring the first or only C, the time in minutes it takes water to move from the point of disinfectant application to a point where the C is measured; and

     For subsequent measurements of C, the time in minutes it takes water to move from one C measurement point to the C measurement point for which the particular T is being calculated.

     "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.

     "Disinfection profile" means a summary of Giardia lamblia inactivation through a surface water treatment plant.

     "Distribution coliform sample" means a sample of water collected from a representative location in the distribution system at or after the first service and analyzed for coliform presence in compliance with this chapter.

     "Distribution-related projects" means distribution projects such as storage tanks, booster pump facilities, transmission mains, pipe linings, and tank coating. It does not mean source of supply (including interties) or water quality treatment projects.

     (("Distribution reservoir" means a water storage structure that is integrated with a water system's distribution network to provide for variable system demands including, but not limited to, daily equalizing storage, standby storage, or fire reserves, or to provide for disinfectant contact time.))

     "Distribution system" means all piping components of a public water system that serve to convey water from transmission mains linked to source, storage and treatment facilities to the consumer excluding individual services.

     "Domestic or other nondistribution system plumbing problem," means contamination of a system having more than one service connection with the contamination limited to the specific service connection from which the sample was taken.

     (("Drinking water state revolving fund (DWSRF)" means the revolving loan program financed by the state and federal governments and managed by the state for the purpose of assisting water systems to meet their capital needs associated with complying with the federal Safe Drinking Water Act.))

     "Duplicate (verification) sample" means a second sample collected at the same time and location as the first sample and used for verification.

     "Elected governing board" means the elected officers with ultimate legal responsibility for operational, technical, managerial, and financial decisions for a public water system.

     "Emergency" means an unforeseen event that causes damage or disrupts normal operations and requires immediate action to protect public health and safety.

     "Emergency source" means any source that is approved by the department for emergency purposes only, is not used for routine or seasonal water demands, is physically disconnected, and is identified in the purveyor's emergency response plan.

     "Engineering design review report" means a form provided by the department and completed for a specific distribution-related project to document:

     • Engineering review of a project report and/or construction documents under the submittal exception process in ((accordance with)) WAC 246-290-125(3); and

     • Design in accordance with this chapter and general standards of engineering practice.

     The completed form must be stamped with engineer's seal, and signed and dated by a professional engineer.

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

     "Equivalent residential unit (ERU)" means a system-specific unit of measure used to express the amount of water consumed by a typical full-time single family residence.

     "Existing service area" means a specific area within which direct service or retail service connections to customers of a public water system are currently available.

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

     A system that connects new approved individual retail or direct service connections onto an existing distribution system within an existing service area; or

     A distribution system extension in an existing service area identified in a current and approved water system plan or project report.

     "Filter profile" means a graphical representation of individual filter performance in a direct or conventional surface water filtration plant, based on continuous turbidity measurements or total particle counts versus time for an entire filter run, from startup to backwash inclusively, that includes an assessment of filter performance while another filter is being backwashed.

     "Filtration" means a process for removal of particulate matter from water by passage through porous media.

     "Financial viability" means the capability of a water system to obtain sufficient funds to construct, operate, maintain, and manage a public water system, on a continuing basis, in full compliance with federal, state, and local requirements.

     "Finished water" means the water that is introduced into the distribution system of a public water system and is intended for distribution and consumption without further treatment, except as treatment necessary to maintain water quality in the distribution system (e.g., booster disinfection, addition of corrosion control chemicals).

     "Finished water storage facility" means a water storage structure that is integrated with a water system's distribution network to provide for variable system demands including, but not limited to, daily equalizing storage, standby storage, or fire reserves, or to provide for disinfectant contact time.

     "Fire flow" means the maximum rate and duration of water flow needed to suppress a fire under WAC 246-293-640 or as required under local fire protection authority standards.

     "Fire suppression storage" means the volume of stored water available during fire suppression activities to satisfy minimum pressure requirements per WAC 246-290-230.

     "First consumer" means the first service connection associated with any source (i.e., the point where water is first withdrawn for human consumption, excluding connections where water is delivered to another water system covered by these regulations).

     "Flocculation" means a process enhancing agglomeration and collection of colloidal and suspended particles into larger, more easily settleable or filterable particles by gentle stirring.

     "Flowing stream" means a course of running water flowing in a definite channel.

     "Flow-through fire protection system" means a fire sprinkler system that:

     Is supplied only by the purveyor's water;

     Does not have a fire department pumper connection;

     Is constructed of approved potable water piping and materials to which sprinkler heads are attached; and

     Terminates at a connection to a toilet or other plumbing fixture to prevent the water from becoming stagnant.

     "Forecasted demand characteristics" means the factors that may affect a public water system's projected water needs.

     "Future service area" means a specific area for which water service is planned by a public water system, as determined by written agreement between purveyors provided for in WAC 246-293-250.

     "Governing body" means the individual or group of individuals with ultimate legal responsibility for operational, technical, managerial, and financial decisions for a public water system.

     "Grab sample" means a water quality sample collected at a specific instant in time and analyzed as an individual sample.

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

     Significant occurrence of insects or other macroorganisms, algae, or large-diameter pathogens such as Giardia lamblia or, 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 where natural conditions cannot prevent the introduction of surface water pathogens into the source at the system's point of withdrawal.

     "Guideline" means a department document assisting the purveyor in meeting a rule requirement.

     "Health officer" means the health officer of the city, county, city-county health department or district, or an authorized representative.

     "Heterotrophic Plate Count (HPC)" means a procedure to measure a class of bacteria that use organic nutrients for growth. The density of these bacteria in drinking water is measured as colony forming units per milliliter and is referred to as the HPC.

     "High health cross-connection hazard" means a cross-connection ((which)) involving any substance that could impair the quality of potable water and create an actual public health hazard through injury, poisoning, or spread of disease ((by sewage, industrial liquids or waste)).

     "Human consumption" means the use of water for drinking, bathing or showering, hand washing, food preparation, cooking, or oral hygiene.

     "Hydraulic analysis" means the study of a water system's distribution main and storage network to determine present or future adequacy for provision of service to consumers within the established design parameters for the system under peak flow conditions, including fire flow. The analysis is used to establish any need for improvements to existing systems or to substantiate 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.

     "Inactivation" means a process which renders pathogenic microorganisms incapable of producing disease.

     "Inactivation ratio" means the ratio obtained by dividing CTcalc by CTreq.

     "Incompletely treated water" means water from a surface or GWI source that receives filtration and/or disinfection treatment that does not fully comply with the treatment technique requirements of Part 6 of this chapter as determined by the department.

     "In-line filtration" means a series of processes, including coagulation and filtration (but excluding flocculation and sedimentation) that together result in particulate removal.

     "In-premises protection" means a method of protecting the health of consumers served by the consumer's potable water system, located within the property lines of the consumer's premises by the installation of an approved air gap or backflow prevention assembly at the point of hazard, which is generally a plumbing fixture.

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

     "Lake or reservoir" means a natural or man-made basin or hollow on the earth's surface in which water collects or is stored that may or may not have a current or single direction of flow.

     "Legionella" means a genus of bacteria containing species which cause a type of pneumonia called Legionnaires' Disease.

     "Limited alternative to filtration" means a process that ensures greater removal and/or inactivation efficiencies of pathogenic organisms than would be achieved by the combination of filtration and chlorine disinfection.

     (("Local administrative authority" means the local official, board, department, or agency authorized to administer and enforce the provisions of the Uniform Plumbing Code as adopted under chapter 19.27 RCW.))

     "Low ((health)) cross-connection hazard" means a cross-connection that could cause an impairment of the quality of potable water to a degree that does not create a hazard to the public health, but does adversely and unreasonably affect the aesthetic qualities of potable waters for domestic use.

     "Major project" means all construction projects subject to ((SEPA in accordance with)) the State Environmental Policy Act (SEPA) under WAC 246-03-030 (3)(a) and include all surface water source development, all water system storage facilities greater than one-half million gallons, new transmission lines longer than one thousand feet and larger than eight inches in diameter located in new rights of way and major extensions to existing water distribution systems involving use of pipes greater than eight inches in diameter, that are designed to increase the existing service area by more than one square mile.

     "Mandatory curtailment" means curtailment required by a public water system of specified water uses and consumer classes for a specified period of time.

     "Marginal costs" means the costs incurred by producing the next increment of supply.

     "Maximum contaminant level (MCL)" means the maximum permissible level of a contaminant in water the purveyor delivers to any public water system user, measured at the locations identified under WAC 246-290-300, Table 3.

     "Maximum contaminant level violation" means a confirmed measurement above the MCL and for a duration of time, where applicable, as outlined under WAC 246-290-310.

     "Maximum day demand (MDD)" 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. MDD is typically expressed as gallons per day per ERU (gpd/ERU).

     "Membrane filtration" means a pressure or vacuum driven separation process in which particulate matter larger than 1 micrometer is rejected by an engineered barrier, primarily through a size-exclusion mechanism, and which has a measurable removal efficiency of a target organism that can be verified through the application of a direct integrity test. This definition includes the common membrane technologies of microfiltration, ultrafiltration, nanofiltration, and reverse osmosis.

     "Monitoring waiver" means an action taken by the department under WAC 246-290-300 (4)(g) or (((7))) (8)(f) to allow a water system to reduce specific monitoring requirements based on a determination of low source vulnerability to contamination.

     "Municipal water supplier" means an entity that supplies water for municipal water supply purposes.

     "Municipal water supply purposes" means a beneficial use of water:

     (a) For residential purposes through fifteen or more residential service connections or for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year;

     (b) For governmental or governmental proprietary purposes by a city, town, public utility, district, county, sewer district, or water district; or

     (c) Indirectly for the purposes in (a) or (b) of this definition through the delivery of treated or raw water to a public water system for ((such)) beneficial use.

     (i) If water is beneficially used under a water right for the purposes listed in (a), (b), or (c) of this definition, any other beneficial use of water under the right generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes; and

     (ii) If a governmental entity holds a water right that is for the purposes listed in (a), (b), or (c) of this definition, its use of water or its delivery of water for any other beneficial use generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes.

     "Nested storage" means one component of storage is contained within the component of another.

     "Nonacute" means posing a possible or less than immediate risk to human health.

     "Nonresident" means a person having access to drinking water from a public water system, but who lives elsewhere. Examples include travelers, transients, employees, students, etc.

     "Normal operating conditions" means those conditions associated with the designed, day-to-day provision of potable drinking water that meets regulatory water quality standards and the routine service expectations of the system's consumers at all times, including meeting fire flow demands. Operation under conditions such as power outages, floods, or unscheduled transmission or distribution disruptions, even if considered in the system design, are considered abnormal.

     "Operational storage" means the volume of distribution storage associated with source or booster pump normal cycling times under normal operating conditions and is additive to the equalizing and standby storage components, and to fire flow storage if this storage component exists for any given tank.

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

     "Peak hourly flow" means, for the purpose of CT calculations, the greatest volume of water passing through the system during any one hour in a day.

     "Performance criteria" means the level at which a system shall operate in order to maintain system reliability compliance, in accordance with WAC 246-290-420, and to meet consumers' reasonable expectations.

     "Permanent residence" means any dwelling that is, or could reasonably be expected to be, occupied on a continuous basis.

     "Permanent source" means a public water system supply source that is used regularly each year, and based on expected operational requirements of the system, will be used more than three consecutive months in any twelve-month period. For seasonal water systems that are in operation for less than three consecutive months per year, their sources shall also be considered to be permanent.

     "Plant intake" means the works or structures at the head of a conduit through which water is diverted from a source (e.g., river or lake) into the treatment plant.

     "Point of disinfectant application" means the point where the disinfectant is added, and where water downstream of that point is not subject to contamination by untreated surface water.

     "Population served" means the number of persons, resident and nonresident, having immediate access to drinking water from a public water system, whether or not persons have actually consumed water from that system. The number of nonresidents shall be the average number of persons having immediate access to drinking water on days access was provided during that month. In the absence of specific population data, the number of residents shall be computed by multiplying the number of active services by two and one-half.

     "Potable" means water suitable for drinking by the public.

     "Potential GWI" means a source identified by the department as possibly under the influence of surface water, and includes, but is not limited to, all wells with a screened interval fifty feet or less from the ground surface at the wellhead and located within two hundred feet of a surface water, and all Ranney wells, infiltration galleries, and springs.

     "Premises isolation" means a method of protecting a public water system by installation of approved air gaps or approved backflow prevention assemblies at or near the service connection or alternative location acceptable to the purveyor to isolate the consumer's water system from the purveyor's distribution system.

     "Presedimentation" means a preliminary treatment process used to remove gravel, sand, and other particulate material from the source water through settling before the water enters the primary clarification and filtration processes in a treatment plant.

     "Pressure filter" means an enclosed vessel containing properly sized and graded granular media through which water is forced under greater than atmospheric pressure.

     "Primary disinfection" means a treatment process for achieving inactivation of Giardia lamblia cysts, viruses, or other pathogenic organisms of public health concern to comply with the treatment technique requirements of Part 6 of this chapter.

     "Primary standards" means standards based on chronic, nonacute, or acute human health effects.

     "Primary turbidity standard" means an accurately prepared formazin solution or commercially prepared polymer solution of known turbidity (prepared in accordance with "standard methods") that is used to calibrate bench model and continuous turbidimeters (instruments used to measure turbidity).

     "Project approval application (PAA)" means a department form documenting ownership of water system, design engineer for the project, and type of project.

     "Protected ground water source" means a ground water source the purveyor shows to the department's satisfaction as protected from potential sources of contamination on the basis of hydrogeologic data and/or satisfactory water quality history.

     "Public forum" means a meeting open to the general public that allows for their participation.

     "Public water system" is defined and referenced under WAC 246-290-020.

     "Purchased source" means water a purveyor purchases from a public water system not under the control of the purveyor for distribution to the purveyor's consumers.

     "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. Purveyor also means the authorized agents of these entities.

     "Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for beneficial use or a controlled use that would not otherwise occur, and it is no longer considered wastewater.

     "Record drawings" means the drawings bearing the seal and signature of a professional engineer that reflect the modifications made to construction documents, documenting actual constructed conditions of the water system facilities.

     "Recreational tract" means an area that is clearly defined for each occupant, but has no permanent structures with internal plumbing, and the area has been declared in the covenants or on the recorded plat in order to be eligible for reduced design considerations.

     "Regional public water supplier" means a water system that provides drinking water to one, or more, other public water systems.

     "Regularly" means four hours or more per day for four days or more per week.

     "Removal credit" means the level (expressed as a percent or log) of Giardia and virus removal the department grants a system's filtration process.

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

     "Resident" means an individual living in a dwelling unit served by a public water system.

     "Residual disinfectant concentration" means the analytical level of a disinfectant, measured in milligrams per liter, that remains in water following the application (dosing) of the disinfectant after some period of contact time.

     "Retail service area" means the specific area defined by the municipal water supplier where the municipal water supplier has a duty to provide service to all new service connections.

     "Same farm" means a parcel of land or series of parcels that 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 public water system.

     "Sanitary survey" means a review, inspection, and assessment of a public water system by the department or department designee including, but not limited to: Source, facilities, equipment, administration and operation, maintenance procedures, monitoring, recordkeeping, planning documents and schedules, and management practices. The purpose of the survey is to evaluate the adequacy of the water system for producing and distributing safe and adequate drinking water.

     "Satellite management agency (SMA)" means a person or entity that is approved by the department to own or operate public water systems on a regional or county-wide basis without the necessity for a physical connection between the systems.

     "Seasonal source" means a public water system source used on a regular basis, that is not a permanent or emergency source.

     "Secondary standards" means standards based on factors other than health effects.

     "Service area" means the specific area or areas a water system currently serves or plans to provide water service. This may be comprised of the existing, retail, future, and wholesale service areas.

     "Service connection" means a connection to a public water system designed to provide potable water to a single family residence, or other residential or nonresidential population. When the connection provides water to a residential population without clearly defined single family residences, the following formulas shall be used in determining the number of services to be included as residential connections on the WFI form:

     Divide the average population served each day by two and one-half; or

     Using actual water use data, calculate the total ERUs represented by the service connection in accordance with department design guidance.

     In no case shall the calculated number of services be less than one.

     "Severe health cross-connection hazard" means a cross-connection which could impair the quality of potable water and create an immediate, severe public health hazard through poisoning or spread of disease by contaminants from radioactive material processing plants, nuclear reactors, or wastewater treatment plants.

     "Significant noncomplier" means a system that is violating or has violated department rules, and the violations may create, or have created an imminent or a significant risk to human health. The violations include, but are not limited to, repeated violations of monitoring requirements, failure to address an exceedance of permissible levels of regulated contaminants, or failure to comply with treatment technique standards or requirements.

     "Simple disinfection" means any form of disinfection that requires minimal operational control in order to maintain the disinfection at proper functional levels, and that does not pose safety concerns that would require special care, equipment, or expertise. Examples include hypochlorination, UV-light, contactor chlorination, or any other form of disinfection practice that is safe to use and easy to routinely operate and maintain.

     "Slow sand filtration" means a process involving passage of source water through a bed of sand at low velocity (generally less than 0.10 gpm/ft²) that results in substantial particulate removal (> 2 log Giardia lamblia cysts) by physical and biological mechanisms.

     "Societal perspective" means a point of view that includes a broad spectrum of public benefits, including, but not limited to, enhanced system reliability; savings that result from delaying, deferring, or minimizing capital costs; and environmental benefits such as increased water in streams, improvements in aquifer recharge and other environmental factors.

     "Source meter" means a meter that measures total output of a water source over specific time periods.

     "Source water" means untreated water that is not subject to recontamination by surface runoff and:

     For unfiltered systems, enters the system immediately before the first point of disinfectant application; and

     For filtered systems, enters immediately before the first treatment unit of a water treatment facility.

     "Special purpose investigation (SPI)" means on-site inspection of a public water system by the department or designee to address a potential public health concern, regulatory violation, or consumer complaint.

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

     "Spring" means a source of water where an aquifer comes in contact with the ground surface.

     "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. The edition to be used is that specified by EPA for the relevant drinking water parameter in 40 CFR Part 141.

     "Standby storage" means the volume of stored water available for use during a loss of source capacity, power, or similar short-term emergency.

     "State advisory level (SAL)" means a level established by the department and state board of health for a contaminant without an existing MCL. The SAL represents a level that when exceeded, indicates the need for further assessment to determine if the chemical is an actual or potential threat to human health.

     "State board of health" and "board" means the board created by RCW 43.20.030.

     "State building code" means the codes adopted by and referenced in chapter 19.27 RCW; the state energy code; and any other codes so designated by the Washington state legislature as adopted and amended by the council.

     "State revolving fund (SRF)" means the revolving loan program financed by the state and federal governments and managed by the state for the purpose of assisting water systems to meet their capital needs associated with complying with the federal Safe Drinking Water Act under chapter 246-296 WAC.

     "Subpart H System" see definition for "surface water system."

     "Surface water" means a body of water open to the atmosphere and subject to surface runoff.

     "Surface water system" means a public water system that uses in whole, or in part, source water from a surface supply, or ((ground water under the direct influence of surface water ())GWI(())) supply. This includes systems that operate surface water treatment facilities, and systems that purchase "completely treated water" (as defined in this subsection). A "surface water system" is also referred to as a "Subpart H System" in some federal regulatory language adopted by reference and the two terms are considered equivalent for the purposes of this chapter.

     "Susceptibility assessment" means the completed Susceptibility Assessment Survey Form developed by the department to evaluate the hydrologic setting of the water source and assess its contribution to the source's overall susceptibility to contamination from surface activities.

     "Synthetic organic chemical (SOC)" means a manufactured carbon-based chemical.

     "System capacity" means the system's operational, technical, managerial, and financial capability to achieve and maintain compliance with all relevant local, state, and federal plans and regulations.

     "System physical capacity" means the maximum number of service connections or equivalent residential units (ERUs) that the system can serve when considering the limitation of each system component such as source, treatment, storage, transmission, or distribution, individually and in combination with each other.

     "Time-of-travel" means the time required for ground water to move through the water bearing zone from a specific point to a well.

     "Too numerous to count (TNTC)" means the total number of bacterial colonies exceeds 200 on a 47-mm diameter membrane filter used for coliform detection.

     "Tracer study" means a field study conducted to determine the disinfectant contact time, T, provided by a water system component, such as a clearwell or storage reservoir, used for Giardia lamblia cyst and virus inactivation. The study involves introducing a tracer chemical at the inlet of the contact basin and measuring the resulting outlet tracer concentration as a function of time.

     "Transmission line" means pipes used to convey water from source, storage, or treatment facilities to points of distribution or distribution mains, and from source facilities to treatment or storage facilities. This also can include transmission mains connecting one section of distribution system to another section of distribution system as long as this transmission main is clearly defined on the plans and no service connections are allowed along the transmission main.

     "Treatment technique requirement" means a department-established requirement for a public water system to provide treatment, such as filtration or disinfection, as defined by specific design, operating, and monitoring requirements. A "treatment technique requirement" is established in lieu of a primary MCL when monitoring for the contaminant is not economically or technologically feasible.

     "Trihalomethane (THM)" means one of a family of organic compounds, named as derivatives of methane, where three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure. THMs may occur when chlorine, a halogen, is added to water containing organic material and are generally found in water samples as disinfection by-products.

     "Turbidity event" means a single day or series of consecutive days, not to exceed fourteen, when one or more turbidity measurement each day exceeds 5 NTU.

     "Two-stage lime softening" means a process in which chemical addition and hardness precipitation occur in each of two distinct unit clarification processes in series prior to filtration.

     "T10" means the time it takes ten percent of the water passing through a system contact tank intended for use in the inactivation of Giardia lamblia cysts, viruses, and other microorganisms of public health concern, as determined from a tracer study conducted at peak hourly flow or from published engineering reports or guidance documents for similarly configured tanks.

     "Unapproved auxiliary water supply" means a water supply (other than the purveyor's water supply) on or available to the consumer's premises that is either not approved for human consumption by the health agency having jurisdiction or is not otherwise acceptable to the purveyor.

     (("Uncovered distribution reservoir" means a distribution reservoir that is open, without a suitable water-tight roof or cover, where the potable water supply is exposed to external contaminants, including but not limited to people, birds, animals, and insects and will undergo no further treatment except for residual disinfection.)) "Uncovered finished water storage facility" means a tank, reservoir, or other facility used to store water that will undergo no further treatment to reduce microbial pathogens except residual disinfection and is directly open to the atmosphere without a suitable water-tight roof or cover.

     "Uniform Plumbing Code" means the code adopted under RCW 19.27.031(4) and ((amended)) implemented under chapter ((51-46)) 51-56 WAC. This code establishes statewide minimum plumbing standards applicable within the property lines of the consumer's premises.

     "Used water" means water which has left the control of the purveyor.

     "Verification" means to demonstrate the results of a sample to be precise by analyzing a duplicate sample. Verification occurs when analysis results fall within plus or minus thirty percent of the original sample.

     "Virus" means a virus of fecal origin which is infectious to humans and transmitted through water.

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

     "Voluntary curtailment" means a curtailment of water use requested, but not required of consumers.

     "Waterborne disease outbreak" means the significant occurrence of acute infectious illness, epidemiologically associated with drinking water from a public water system, as determined by the appropriate local health agency or the department.

     "Water demand efficiency" means minimizing water use by the public water system's consumers through purveyor sponsored activities that may include, but are not limited to distributing water saving devices, providing rebates or incentives to promote water efficient technologies or by providing water audits to homes, businesses, or landscapes.

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

     "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.

     "Water right self-assessment" means an evaluation of the legal ability of a water system to use water for existing or proposed usages in conformance with state water right laws. The assessment may be done by a water system, a purveyor, the department of ecology, or any combination thereof.

     "Watershed" means the region or area that:

     Ultimately drains into a surface water source diverted for drinking water supply; and

     Affects the physical, chemical, microbiological, and radiological quality of the source.

     "Water shortage" means a situation during which the water supplies of a system cannot meet normal water demands for the system, including peak periods.

     "Water shortage response plan" means a plan outlining policies and activities to be implemented to reduce water use on a short-term basis during or in anticipation of a water shortage.

     "Water supply characteristics" means the factors related to a public water system's source of water supply that may affect its availability and suitability to provide for both short-term and long-term needs. Factors include, but are not limited to, source location, name of any body of water and water resource inventory area from which water is diverted or withdrawn, production capacity, the source's natural variability, the system's water rights for the source, and other legal demands on the source such as water rights for other uses, conditions established to protect species listed under the Endangered Species Act in 50 CFR 17.11; instream flow restrictions established under TITLE 173 WAC, and any conditions established by watershed plans approved under chapter 90.82 RCW and RCW 90.54.040(1) or salmon recovery plans under chapter 77.85 RCW.

     "Water supply efficiency" means increasing a public water system's transmission, storage and delivery potential through activities that may include, but are not limited to system-wide water audits, documenting authorized uses, conducting leak surveys and repairs on meters, lines, storage facilities, and valves.

     "Water use efficiency (WUE)" means increasing water supply efficiency and water demand efficiency to minimize water withdrawals and water use.

     "Water use efficiency program" means policies and activities focusing on increasing water supply efficiency and water demand efficiency to minimize water withdrawals and water use.

     "Well field" means a group of wells one purveyor owns or controls that:

     Draw from the same aquifer or aquifers as determined by comparable inorganic chemical analysis and comparable static water level and top of the open interval elevations; 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.

     "Wellhead protection area (WHPA)" means the portion of a well's, wellfield's or spring's zone of contribution defined ((as such)) using WHPA criteria established by the department.

     "Zone of contribution" means the area surrounding a pumping well or spring that encompasses all areas or features that supply ground water recharge to the well or spring.

[Statutory Authority: RCW 70.119A.180. 07-02-025B, § 246-290-010, filed 12/22/06, effective 1/22/07. Statutory Authority: RCW 43.20.050 and 70.119A.080. 04-04-056, § 246-290-010, filed 1/30/04, effective 3/1/04. Statutory Authority: RCW 43.20.050 (2) and (3) and 70.119A.080. 03-08-037, § 246-290-010, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-010, filed 3/9/99, effective 4/9/99. Statutory Authority: RCW 43.20.050. 94-14-001, § 246-290-010, filed 6/22/94, effective 7/23/94; 93-08-011 (Order 352B), § 246-290-010, filed 3/25/93, effective 4/25/93; 92-04-070 (Order 241B), § 246-290-010, filed 2/4/92, effective 3/6/92. Statutory Authority: Chapter 43.20 RCW. 91-07-031 (Order 150B), § 246-290-010, filed 3/15/91, effective 4/15/91. Statutory Authority: RCW 43.20.050. 91-02-051 (Order 124B), recodified as § 246-290-010, filed 12/27/90, effective 1/31/91. Statutory Authority: P.L. 99-339. 89-21-020 (Order 336), § 248-54-015, filed 10/10/89, effective 11/10/89. Statutory Authority: RCW 34.04.045. 88-05-057 (Order 307), § 248-54-015, filed 2/17/88. Statutory Authority: RCW 43.20.050. 83-19-002 (Order 266), § 248-54-015, filed 9/8/83.]

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

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

     (2) The rules of this chapter shall apply to all Group A public water systems except those systems meeting all of the following conditions:

     (a) Consists only of distribution and/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 apply;

     (c) Does not sell water directly to any person; and

     (d) Is not a passenger-conveying carrier in interstate commerce.

     (3) Group A public water systems meeting all of the provisions under subsection (2) of this section may be required by the department to comply with such provisions of this chapter as are necessary to resolve a public health concern if the department determines a public health threat exists or is suspected.

     (4) A Group A system shall be defined as a public water system providing service such that it meets the definition of a public water system provided in the 1996 amendments to the federal Safe Drinking Water Act (Public Law 104-182, Section 101, subsection b).

     (5) Group A water systems are further defined as community and noncommunity water systems.

     (a) Community water system means any Group A water system providing service to fifteen or more service connections used by year-round residents for one hundred eighty or more days within a calendar year, regardless of the number of people, or regularly serving at least twenty-five year-round (i.e., more than one hundred eighty days per year) residents.

     Examples of a community water system might include a municipality, subdivision, mobile home park, apartment complex, college with dormitories, nursing home, or prison.

     (b) Noncommunity water system means a Group A water system that is not a community water system. Noncommunity water systems are further defined as:

     (i) Nontransient (NTNC) water system that provides service opportunity to twenty-five or more of the same nonresidential people for one hundred eighty or more days within a calendar year.

     Examples of a NTNC water system might include a school, day care center, or a business, factory, motel, or restaurant with twenty-five or more employees on-site.

     (ii) Transient (TNC) water system that serves:

     (A) Twenty-five or more different people each day for sixty or more days within a calendar year;

     (B) Twenty-five or more of the same people each day for sixty or more days, but less than one hundred eighty days within a calendar year; or

     (C) One thousand or more people for two or more consecutive days within a calendar year.

     Examples of a TNC water system might include a restaurant, tavern, motel, campground, state or county park, an RV park, vacation cottages, highway rest area, fairground, public concert facility, special event facility, or church.

     (c) A Group B water system is a public water system that does not meet the definition of a Group A water system. (See Table 1 and chapter 246-291 WAC for further explanation of a Group B water system.)

     (6) A Group A system meeting more than one of the categories described in this section shall be classified by the department in the following order:

     (a) Community water system;

     (b) NTNC water system; or

     (c) TNC water system.

((Table 1))

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[Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-020, filed 3/9/99, effective 4/9/99. Statutory Authority: RCW 43.20.050. 94-14-001, § 246-290-020, filed 6/22/94, effective 7/23/94; 93-08-011 (Order 352B), § 246-290-020, filed 3/25/93, effective 4/25/93; 91-02-051 (Order 124B), recodified as § 246-290-020, filed 12/27/90, effective 1/31/91. Statutory Authority: P.L. 99-339. 89-21-020 (Order 336), § 248-54-006, filed 10/10/89, effective 11/10/89.]

     141.2 Definitions. Only those definitions listed as follows:

Action level;
Corrosion inhibitor;
Effective corrosion inhibitor residual;
Enhanced coagulation;
Enhanced softening;
Granular activated carbon (GAC10);
Haloacetic acids (five) (HAA5);
First draw sample;
Large water system;
Lead service line;
Maximum residual disinfectant level (MRDL);
Maximum residual disinfectant level goal (MRDLG);
Medium-size water system;
Optimal corrosion control treatment;
Service line sample;
Single family structure;
Small water system;
Specific ultraviolet absorption (SUVA); and
Total Organic Carbon (TOC).
141.12	Maximum contaminant levels for organic chemicals.
141.13	Maximum contaminant levels for turbidity.
141.21	Coliform monitoring.
141.22	Turbidity sampling and analytical requirements.
141.23(a) - excluding (i)(2)	141.23(j), Inorganic chemical sampling.
141.23(m) -	141.23(o)
141.24(a) -	141.24(d), Organic chemicals other than total trihalomethanes.
141.24 (f)(1) - 141.24 (f)(15),
141.24 (f)(18), 141.24 (f)(19),
141.24 (f)(21), 141.24 (f)(22)
141.24 (g)(1) - 141.24 (g)(9),
141.24 (g)(12) - 141.24 (g)(14),
141.24 (h)(1) - 141.24 (h)(11),
141.24 (h)(14) - 141.24 (h)(17)
141.24 (h)(20)
141.25(a),	141.25 (c) - (d), Analytical methods for radioactivity.
141.26	Monitoring frequency and compliance for radioactivity in community water systems.
141.31(d)	Reporting of public notices and compliance certifications.
141.33(e)	Record maintenance of public notices and certifications.
141.40(a) -	141.40(e), Special monitoring for inorganic and organic chemicals.
141.40(g), 141.40(i) - 141.40(n)
141.61	Maximum contaminant levels for organic contaminants.
141.62, excluding (b)	Maximum contaminant levels for inorganic chemical and physical contaminants.
141.64(c)	Best Available Technologies (BATs) for Disinfection By-Products.
141.65(c)	Best Available Technologies (BATs) for Maximum Residual Disinfectant Levels.
141.66	Maximum contaminant levels for radionuclides.
Control of Lead and Copper
141.80	General requirements.
141.81	Applicability of corrosion control treatment steps to small, medium-size and large water systems.
141.82(a) -	141.82(h) Description of corrosion control treatment requirements.
141.83	Source water treatment requirements.
141.84	Lead service line replacement requirements.
141.85	Public education and supplemental monitoring requirements.
141.86 (a) - (f)	Monitoring requirements for lead and copper in tap water.
141.87	Monitoring requirements for water quality parameters.
141.88	Monitoring requirements for lead and copper in source water.
141.89	Analytical methods for lead and copper testing.
141.90, excluding (a)(4)	Reporting requirements.
141.91	Recordkeeping requirements.
Disinfectants and Disinfection By-Products (D/DBP)
141.130	General requirements.
141.131	Analytical requirements.
141.132	Monitoring requirements.
141.133	Compliance.
141.134	Reporting and recordkeeping.
141.135	Treatment technique for control of disinfection by-product precursors.
Enhanced Filtration - Reporting and Recordkeeping
141.175(b)	Individual filter reporting and follow-up action requirements for systems treating surface water with conventional, direct, or in-line filtration and serving at least 10,000 people.
Subpart Q - Public Notification
141.201, excluding (3)(ii) of Table 1	General public notification requirements.
141.202, excluding (3) of Table 1	Tier 1 Public Notice - Form, manner, and frequency of notice.
141.203	Tier 2 Public Notice - Form, manner, and frequency of notice.
141.204	Tier 3 Public Notice - Form, manner, and frequency of notice.
141.205	Content of the public notice.
141.206	Notice to new billing units or new customers.
141.207	Special notice of the availability of unregulated contaminant monitoring results.
141.208	Special notice for exceedances of the SMCL for fluoride.
((Subpart Q - Public Notification Rule, Appendix A and B))
141.211	Special notice for Cryptosporidium monitoring failure.
Appendix A - NPDWR violations and situations requiring PN
Appendix B - Standard health effects language for PN
Subpart T - Enhanced Filtration and Disinfection - Systems Serving Fewer Than 10,000 People
141.530 - 141.544	Disinfection profile and benchmark.
141.563	Follow-up actions required.
141.570, excluding (c)	Reporting requirements.
Subpart W - Enhanced Treatment for Cryptosporidium
141.700-723 Enhanced Treatment for Cryptosporidium
Part 143 - National Secondary Drinking Water Regulations
143.1(( - 143.4	Secondary contaminants.)) Purpose.
143.2	Definitions.
143.3	Secondary maximum contaminant levels.
143.4	Monitoring.

     Copies of the incorporated sections and subsections of Title 40 CFR are available from the Department of Health, ((Airdustrial Center Building 3,)) P.O. Box 47822, Olympia, Washington 98504-7822, or by calling the department's drinking water hotline at ((1-))800-521-0323.

[Statutory Authority: RCW 43.20.050 and 70.119A.080. 04-04-056, § 246-290-025, filed 1/30/04, effective 3/1/04. Statutory Authority: RCW 43.20.050 (2) and (3) and RCW 70.119A.080. 03-08-037, § 246-290-025, filed 3/27/03, effective 4/27/03. Statutory Authority: RCW 43.02.050 [43.20.050]. 99-07-021, § 246-290-025, filed 3/9/99, effective 4/9/99. Statutory Authority: RCW 43.20.050. 94-14-001, § 246-290-025, filed 6/22/94, effective 7/23/94.]

     (a) Demonstrate the system's operational, technical, managerial, and financial capability to achieve and maintain compliance with relevant local, state, and federal plans and regulations;

     (b) Demonstrate how the system will address present and future needs in a manner consistent with other relevant plans and local, state, and federal laws, including applicable land use plans;

     (c) Establish eligibility for funding under ((the drinking water state revolving fund (SRF))) chapter 246-296 WAC.

     (2) Purveyors of the following categories of community public water systems shall submit a water system plan for review and approval by the department:

     (a) Systems having one thousand or more services;

     (b) Systems required to develop water system plans under the Public Water System Coordination Act of 1977 (chapter 70.116 RCW);

     (c) Any system experiencing problems related to planning, operation, and/or management as determined by the department;

     (d) All new systems;

     (e) Any expanding system; and

     (f) Any system proposing to use the document submittal exception process in WAC 246-290-125.

     (3) The purveyor shall work with the department ((and other parties)) to establish the level of detail for a water system plan. In general, the scope and detail of the plan will be related to size, complexity, water supply characteristics, forecasted demand characteristics, past performance, and use of the water system. Project reports may be combined with a water system plan.

     (4) In order to demonstrate system capacity, the water system plan shall address the following elements, as a minimum, for a period of at least twenty years into the future:

     (a) Description of the water system, including:

     (i) Ownership and management, including the current names, addresses, and telephone numbers of the owners, operators, and emergency contact persons for the system;

     (ii) System history and background;

     (iii) Related plans, such as coordinated water system plans, abbreviated coordinated water system plans, local land use plans, ground water management plans, and basin plans;

     (iv) Service area maps, characteristics, agreements, and policies. Water systems must include their existing service area and future service area, if applicable. Municipal water suppliers must define their retail service area and meet the requirements under WAC 246-290-106. Municipal water suppliers must identify where their water rights place of use will be expanded to their service area if the requirements under WAC 246-290-107 for the expanded area have been met; and

     (v) Satellite management, if applicable.

     (b) Basic planning data, including:

     (i) Current population, service connections, water use, and equivalent residential units; and

     (ii) Sufficient water production and consumption data to identify trends including the following elements:

     (A) Monthly and annual production totals for each source, including water purchased from another public water system;

     (B) Annual usage totals for each customer class as determined by the purveyor;

     (C) Annual usage totals for water supplied to other public water systems; and

     (D) For systems serving one thousand or more total connections, a description of the seasonal variations in consumption patterns of each customer class defined by the purveyor.

     (iii) ((Projected)) Designated land use, future population, and water demand for a consecutive six-year and twenty-year planning period within the system's retail service area and future service area, if applicable.

     (c) Demand forecasts, developed under WAC 246-290-221, for a consecutive six-year and twenty-year planning period. These shall show future use with and without savings expected from the system's water use efficiency program.

     (d) For systems serving one thousand or more total connections, a demand forecast projecting demand if the measures deemed cost-effective per WAC 246-290-810 were implemented.

     (e) System analysis, including:

     (i) System design standards;

     (ii) Water quality analysis;

     (iii) System inventory description and analysis; and

     (iv) Summary of system deficiencies.

     (f) Water resource analysis, including:

     (i) A water use efficiency program. Municipal water suppliers must meet the requirements in WAC 246-290-810;

     (ii) Source of supply analysis, which includes:

     (A) An evaluation of water supply alternatives if additional water rights will be pursued within twenty years; and

     (B) A narrative description of the system's water supply characteristics and the foreseeable effect from current and future use on the water quantity and quality of any body of water from which its water is diverted or withdrawn based on existing data and studies;

     (iii) A water shortage response plan ((if a water system experiences a water shortage, or anticipates it will experience a water shortage within the next six-year planning period)) as a component of the reliability and emergency response requirements under WAC 246-290-420;

     (iv) Water right self assessment;

     (v) Water supply reliability analysis;

     (vi) Interties; and

     (vii) For systems serving one thousand or more total connections, an evaluation of opportunities for the use of reclaimed water, where they exist, as defined in RCW 90.46.010(4).

     (g) Source water protection ((in accordance with)) under WAC 246-290-135.

     (h) Operation and maintenance program ((in accordance with)) under WAC 246-290-415 and 246-290-654(5), as applicable.

     (i) Improvement program, including a six-year capital improvement schedule.

     (j) Financial program, including demonstration of financial viability by providing:

     (i) A summary of past income and expenses;

     (ii) A one-year balanced operational budget for systems serving one thousand or more connections or a six-year balanced operational budget for systems serving less than one thousand connections;

     (iii) A plan for collecting the revenue necessary to maintain cash flow stability and to fund the capital improvement program and emergency improvements; and

     (iv) An evaluation that has considered:

     (A) The affordability of water rates; and

     (B) The feasibility of adopting and implementing a rate structure that encourages water demand efficiency.

     (k) Other documents, such as:

     (i) Documentation of SEPA compliance;

     (ii) Agreements; and

     (iii) Comments from the county and adjacent utilities.

     (5) Purveyors intending to implement the project report and construction document submittal exceptions authorized under WAC 246-290-125 must include:

     (a) Standard construction specifications for distribution mains; and/or

     (b) Design and construction standards for distribution-related projects, including:

     (i) Description of project report and construction document internal review procedures, including engineering design review and construction completion reporting requirements;

     (ii) Construction-related policies and requirements for external parties, including consumers and developers;

     (iii) Performance and sizing criteria; and

     (iv) General reference to construction materials and methods.

     (6) The department, at its discretion, may require reports from purveyors identifying the progress in developing their water system plans.

     (7) Purveyors shall transmit water system plans to adjacent utilities and local governments having jurisdiction, to assess consistency with ongoing and adopted planning efforts.

     (8) ((For community systems, the purveyor shall hold an informational meeting for system consumers prior to departmental approval of a water system plan or a water system plan update. The purveyor shall notify consumers in a way that is appropriate to the size of the system.)) Prior to department approval of a water system plan or a water system plan update, the purveyor must:

     (a) Hold an informational meeting for the water system consumers and notify consumers in a way that is appropriate to the size of the water system; and

     (b) Obtain the approval of the water system plan from the governing body or elected governing board.

     (9) Department approval of a water system plan shall be in effect for six years from the date of written approval unless:

     (a) Major projects subject to SEPA as defined in WAC 246-03-030 (3)(a) are proposed that are not addressed in the plan;

     (b) Changes occur in the basic planning data significantly affecting system improvements identified; or

     (c) The department requests an updated plan or plan amendment.

     (10) The purveyor shall update the plan and ((submit it for)) obtain department approval at least every six years. If the syst