Current through Register Vol. 49, No. 9, September, 2024
SECTION I.
AUTHORITY
These Rules and Regulations Pertaining to Semi-Public Water
Supplies are duly adopted and promulgated by the Arkansas State Board of Health
pursuant to the authority expressly conferred by the Laws of the State of
Arkansas including, without limitation, Act 96 of 1913, as amended (Ark. Code
Ann. §
20-7-109).
SECTION II.
PURPOSE
These Rules and Regulations are adopted for the purpose of
ensuring that all persons in the State of Arkansas receiving water from a
semi-public water supply are provided with ample quantities of safe, potable
water.
SECTION III.
DEFINITION
A semi-public water supply shall for the purpose of these
Regulations be defined as any water supply used or made available to the public
for drinking or in connection with the manufacturing, processing, or handling
of ice, food or drink. This definition does not include single family
residences, water vending machines, bottled water dispensers or distribution
systems that distribute regulated, tested and approved water purchased from
regulated systems. NOTE: Owners of water systems serving a population equal to
or exceeding 25 people or 15 connections, 60 days a year are considered a
public water supply and must comply with the Arkansas Department of Health
Rules and Regulations Pertaining to Public Water Supplies. Semi-public water
supply owners anticipating substantial growth should be aware of the Arkansas
Department of Health public water regulations.
SECTION IV.
RESPONSIBILITY
Any person, firm, corporation, school, organization or
governmental agency owning or operating a semi-public water supply shall be
held responsible for the compliance with these Regulations and shall submit to
the State Department of Health at least one sample of water for bacteriological
analysis every year, one sample of water for nitrate analysis every five years,
and other types of analyses and monitoring frequencies set as needed whenever
requested by the Arkansas Department of Health.
SECTION V.
QUALITY
The quality of water made available must conform to the
chemical and bacteriological drinking water standards as established by the
Arkansas Department of Health for appropriate public water systems.
SECTION VI.
GROUND WATER
SUPPLIES
A.
Location.
Every ground water supply such as a well, or infiltration system and
appurtenances thereto must be located on a site having good surface drainage,
at a higher elevation than, and at a safe distance from any barnyard, privy,
cesspool, soil pipe, any pipe through which sewage may back up or overflow or
from any other possible source of pollution and in such a manner as to prevent
the contamination of the water by either the underground seepage or channels,
lakes or surface drainage. Hie horizontal distance from and possible source of
contamination such as privies, septic tanks, sub-surface pits, seepage pits,
sub-surface sewage disposal fields and barnyards, shall be no less than 100
feet. This distance shall be used only where conditions indicate them to be
safe, and greater distances shall be required where local conditions
necessitate. No well head, well casing or well pump shall be located in any
pit, room or space extending below ground directly over the well.
B.
Protection.
(1)
Wells. Every well must have
a durable, watertight casing extending a sufficient depth to exclude
sub-surface contamination, as determined by the Arkansas Department of Health.
In no case shall the casing terminate less than ten feet below the ground
surface, or deeper as dictated by the Arkansas Department of Health. Every well
must be protected at the surface by a watertight slab or platform extending a
minimum of two feet in all directions from the well and sloped to provide
drainage away from the well. The casing or curb should extend at least six (6)
inches above the graded-up land surface at the well. The annular space between
the excavation line and the casing or curb should be grouted with cement. The
use of pitless adapters is prohibited.
(2)
Well Cover and Seals. Every
well must be provided with an overlapping, water-tight cover at the top of the
casing or pipe sleeve to prevent contaminated water or other deleterious
material from entering through the opening at the top of the well casing or
pipe sleeve. Every cover, pump, platform or pump room floor must be watertight
and elevated above the adjacent land area.
(3)
Pumps. Pumps must be
suitable design so as to exclude contamination from the water chamber of the
pump head. Use of a bucket lift or ordinary lift pump with a slotted top which
is open to contamination or requires priming is prohibited.
C.
Maintenance. No
owner or occupant of any establishment or premises shall maintain any well,
spring, or other source of water used for drinking and domestic purposes to
which the public has or may have access, and which is polluted or so situated
or constructed that in any manner that may cause such water to be detrimental
to public health.
D.
Restricted Wellhead Protection Zone. The owners of water supplies
utilizing a well source shall effectively control a restricted wellhead
protection zone around the well at a minimum of 100 feet in radius. Deviation
may be approved by the Arkansas Department of Health on a case-by-case basis:
Provided, it can be shown through scientific data that the ground water can be
protected.
SECTION VII.
ABANDONMENT OF WELLS
Abandoned wells must be completely filled with clean, selected
materials to protect the waterbearing formations against possible contamination
and comply with the latest Arkansas Water Well Commission Rules and Regulations
in regards to the abandonment of wells.
SECTION VIII.
SURFACE WATER
SUPPLIES
Surface water supplies shall have continuous disinfection and
filtration sufficient to remove giardia and crytosporidium organisms, or
additional treatment as deemed appropriate by the
Arkansas Department of Health. Springs must be properly
protected from surface contamination with water-tight curbs and covers. The
curbs shall extend at least one foot above the surrounding ground surface, and
the cover shall be constructed to exclude any possibility of
contamination.
SECTION IX.
STORAGE AND DISTRIBUTION
A.
Storage Tanks. All storage tanks must be completely covered and
so constructed as to prevent the possibility of contamination of the water.
They must be constructed of durable material and maintained in good repair.
They shall be of adequate capacity to serve the purpose intended.
B.
Distribution.
(1)
Pipe size. The pipe must be
large enough to deliver the required quantity of water at each service
connection without excessive pressure reduction.
(2)
Pressure. Adequate pressure
must be maintained at all points in the piping system to serve adequately all
fixtures and to prevent the reversal of flow in the pipe.
(3)
Proximity to Sewers. Water
and sewers shall be constructed as far apart as practicable, and shall be
separated by undisturbed and compacted earth. A minimum horizontal distance of
ten feet should be maintained between water lines and sewer lines and other
sources of contamination. Water lines and sewer lines shall not be laid in the
same trench except on written approval of the Arkansas Department of Health. In
cases where it is not practical to maintain a ten foot separation, the
reviewing authority may allow deviation on a case-by-case basis, if supported
by scientific data.
(4)
Prohibited Services. Domestic water shall not be supplied to any
device or equipment which may permit the contamination of the water supply by
back-siphonage or back-flow.
(5)
Cross Connections. Any physical connection is prohibited whereby a
potable water supply, whether public or private ownership, is connected to an
unsafe water supply system, either inside or outside of any building or
buildings.
(6)
Sewage
Disposal. No semi-public water system shall provide service to a new
building or residence in an unsewered area until the customer provides written
documentation that the Arkansas Department of Health has approved plans for
construction of a sewage disposal facility for the building or residence, or
that no disposal system approval is required by the Arkansas Department of
Health for the building.
(7)
Plumbing Inspection. No semi-public water system shall provide new
service to any building or residence until the customer provides written
documentation that the service line was inspected by a certified plumbing
inspector, and found to be in substantial compliance with the State Plumbing
Code (Rules and Regulations Governing Construction, Installation, and
Inspection of Plumbing and Drainage).
(a) If
the system has no certified plumbing inspector, the written documentation shall
be obtained from die Arkansas Department of Health's Area Plumbing Inspector or
a certified inspector designated by the Area Inspector.
(b) Temporary service for construction
purposes, in unsewered areas, may be provided only after compliance with
Section DC B (6) above.
SECTION X. DISINFECTION
Wells, pumps, and storage tanks, when installed or repaired,
and pipe systems or extensions, must be effectively disinfected prior to being
placed in service. Prior to disinfection, all dirt and foreign material must be
removed and thoroughly flushed. Reasonable care must be exercised during
construction, installation and repair to prevent contamination of any unit of
the system. Following disinfection, all treated water must be thoroughly
flushed out and bacteriological samples shall be submitted from the well and
system to the Arkansas Department of Health to determine the efficiency of
disinfection. Before the system or well is placed in service, two series of
samples collected in a manner described by the Arkansas Department of Health
must show that water is bacteriologically safe for drinking purposes.
A method shall be provided for the continuous disinfection of
the water supply. The chlorinating device shall introduce chlorine on a
continuous basis. Chlorine residual test equipment must be provided. The method
of chlorination, and the equipment used, must be approved by the Arkansas
Department of Health.
SECTION
XI.
PLAN REVIEW
A.
Plans and Specifications. The owner or authorized agent of a semi-public water
system shall submit two complete sets of engineering plans and specifications
to, and receive written approval of, the Arkansas Department of Health, before
constructing or entering into a contract to construct a water supply, water
treatment plant and/or distribution system, or any alterations thereto.
Therefore such engineering plans and specifications must be adhered to unless
deviations are submitted to, and receive written approval of, the Arkansas
Department of Health.
B. Extensions
to Existing Distribution Systems. If the engineering plans are solely for the
extension of an existing distribution system, only such information as is
necessary for a clear understanding of the proposed extension will be required.
This information must, in general, conform to the requirements for a complete
system.
SECTION XII.
PENALTIES
Every firm, person, association or corporation violating any of
the provisions of this chapter, or any of the orders, rules, or regulations
made and promulgated in pursuance hereof, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of not less
than one hundred dollars ($100) nor more than five hundred dollars ($500) or by
imprisonment not exceeding one (1) month, or both. Each day of violation shall
constitute a separate offense. (Ark. Code Ann.
20-7-101).
SECTION XIII.
SEVERABILITY
If any provision of these Rules and Regulations, or the
application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications, and to this end
the provisions hereto are declared severable.
SECTION XIV.
REPEAL
All Regulations and parts of Regulations in conflict herewith
are hereby repealed.