18 AAC 80.365 - Bottled water, point-of-use treatment devices, and point-of-entry treatment devices
(a) The use of bottled water or point-of-use
treatment devices to achieve compliance with an MCL in
18
AAC 80.300(b) or with the requirements
for lead and copper in 40
C.F.R. 141.81 -
141.84, adopted by reference in
18
AAC 80.010(a), is prohibited, except
(1) on a temporary basis to avoid an
unreasonable risk to health; or
(2)
if required by the department under (b) of this section.
(b) As necessary to serve the interests of
public health, the department will require the owner of a community water system
or non-transient non-community water system to use
(1) bottled water , point-of-use treatment
devices, or point-of-entry treatment devices as a condition of granting a
variance under
18
AAC 80.370, a variance under
18
AAC 80.371, or an exemption under
18
AAC 80.375 from the requirements of
18
AAC 80.300(b) (1) and (2)(A) - (B);
or
(2) bottled water or point-of-use
treatment devices as a condition of granting an exemption under
18
AAC 80.375 from the requirements of
40 C.F.R.
141.81 -
141.84, adopted by reference in
18
AAC 80.010(a).
(c) The owner of a community water system or
non-transient non-community water system that uses bottled water or point-of-use
treatment devices as a condition of obtaining a variance under
18
AAC 80.370 or
18
AAC 80.371 shall
(1)
use best available technology ; and
(2) maintain the microbiological safety of the
water at all times.
(d)
The owner of a community water system or non-transient non-community water system
that uses bottled water as a condition of obtaining a variance under
18
AAC 80.370, a variance under
18
AAC 80.371, or an exemption under
18
AAC 80.375 from the requirements of
18
AAC 80.300(b) (1) and (2)(A) - (B), or
an exemption under
18
AAC 80.375 from the requirements of
40 C.F.R.
141.81 -
141.84, adopted by reference in
18
AAC 80.010(a), shall supply each
customer with sufficient amounts of bottled water that complies with
18
AAC 31.740, via door-to-door bottled water delivery. If
a customer believes the amount of bottled water supplied to be insufficient, the
department will determine the sufficiency of the amount supplied, based on
whether the amount serves the interests of public health. In addition, the owner
shall
(1) develop and implement an approved
monitoring program that provides reasonable assurance that the bottled water
meets each MCL; for the first quarter during which bottled water is supplied to
the public, and annually thereafter, the owner shall ensure the monitoring of a
representative sample of the bottled water for each contaminant for which an MCL
is set under
18
AAC 80.300(b) (1) and (2)(A) - (B);
or
(2) provide proof that the bottled
water company from which the water is obtained has a department permit under
18
AAC 31.020, has an equivalent permit from another state,
or otherwise meets the requirements of 21 C.F.R. 129, adopted by reference in
18
AAC 80.010(a).
(e) The owner of a community water system or
non-transient non-community water system shall provide
(1) the results of a monitoring program
conducted under (d)(1) of this section to the department annually; or
(2) the proof required by (d)(2) of this
section to the department the first quarter after supplying bottled water and
annually thereafter.
(f)
Before installing a point-of-use treatment device , the owner of a community water
system or non-transient non-community water system must obtain department
approval of a monitoring plan that ensures that the device provides health
protection equivalent to that provided by central water treatment designed to
treat the contaminant of interest. For purposes of this subsection, a device
provides equivalent health protection if the water would meet all MCLs set under
18
AAC 80.300(b) and would be of
acceptable quality, similar to water distributed by a properly operated and
maintained central water treatment works . Before issuing approval under this
subsection, the department will
(1) determine
that buildings connected to the system have sufficient point-of-use treatment
devices that are properly installed, maintained, and monitored so that each
consumer is protected; and
(2)
certify the performance of the point-of-use treatment device after performing
field testing and a sealed engineering design review of the point-of-use
treatment device .
(g) In
addition to the other requirements of this section, the owner of a community
water system or non-transient non-community water system that uses point-of-use
treatment devices as a condition for obtaining a variance under
18
AAC 80.370, a variance under
18
AAC 80.371, or an exemption under
18
AAC 80.375 from the MCLs set under
18
AAC 80.300(b) (1) and (2)(A) - (B) must
(1) ensure the operation and maintenance of the
point-of-use treatment devices; and
(2) ensure that the design and application of a
point-of-use treatment device addresses the potential for increasing
concentrations of heterotrophic bacteria in water treated with activated carbon;
the department will require the use of frequent backwashing, post-contactor
disinfection, and heterotrophic plate count monitoring to ensure that the
microbiological safety of the water is not compromised, if the department
determines that those requirements serve the interests of public
health.
Notes
For guidance regarding
Authority:AS 46.03.020
AS 46.03.050
AS 46.03.070
AS 46.03.710
AS 46.03.720
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