Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 20 - RULES RELATING TO PUBLIC WATER SYSTEMS
Section 11-20-29.5 - Capacity demonstration and evaluation

Universal Citation: HI Admin Rules 11-20-29.5

Current through February, 2024

(a) To demonstrate adequate capacity, the proposed or existing supplier of water shall submit to the director, written information sufficient to show that the requirements in subsections (b) through (d) are met.

(b) A public water system with adequate technical capacity has at least the following items:

(1) A clear system description, including identification of plans and specifications, showing all water sources, infrastructure facilities, distribution systems, interconnections with other water systems, and protective measures against vandalism. Plans and specifications identified shall include those approved by the director, any as-built plans, originals, and modifications;

(2) Adequate water source(s), including:
(A) Sufficient water available to serve all customers or water users based on the public water system's average daily and peak water usage, and the system's treated water output;

(B) Sufficient water resources for the future, based on the maximum flow or pumping capacity of each source and a five year or more projected growth rate study which shall be submitted;

(C) Adequate protection of water source(s) or watershed(s), based on the identification of existing and potential contamination hazards as required under the source water protection program and a description of how a protective area will be maintained around the source(s) or the watershed(s); and

(D) Contracts or agreements to obtain water when the water source(s) are not owned by the public water system, and contracts or agreements for supplementary water sources for systems affected by drought. The contracts and agreements shall be identified and copies shall be provided if requested by the director;

(3) Adequate technical performance, shown by the water system's actual or planned compliance with national and state primary drinking water regulations and any permit requirement;

(4) An adequate infrastructure replacement plan which includes estimates of the useful life and plans for the eventual replacement of the public water system's infrastructure, including:
(A) Wells;

(B) Pumping facilities;

(C) Storage tanks;

(D) Treatment facilities; and

(E) Distribution system (pipes, valves, meters, etc.);

(5) An adequate operation plan which shows that the public water system has:
(A) Established the appropriate operator certification level for the distribution and treatment systems and has hired or contracted, and designated appropriately certified primary and backup operators in sufficient numbers to operate the water system treatment and distribution systems at all necessary times;

(B) A program identifying the responsibilities, qualifications, and training requirements of the operations personnel;

(C) Adequate preventive and corrective maintenance program to identify, schedule, perform, and record inspections, repairs, and replacements in a timely manner;

(D) An adequate water quality monitoring plan for its water source(s), treatment facilities, and distribution system for both compliance with national and state primary drinking water regulations and operational informational purposes; and

(E) Where necessary, the proper contract, agreements, or other documents establishing the use of a contractor to represent the public water system owner(s), operate and maintain the water system, or leasing land to locate infrastructure, or to obtain right-of-way easements;

(6) Adequate operator training, including:
(A) A program to qualify new and to educate existing water treatment plant and distribution system operators under HRS chapter 340F and its rules, including classes, on the job, and periodic refresher training; and

(B) A safety program which includes safety training on hazards that may be encountered by water treatment plant and distribution system operators, and periodic refresher training;

(7) A cross connection and backflow prevention program to ensure that there is an accurate inventory of backflow prevention devices throughout the public water system, and that devices are regularly tested and maintained; and

(8) A system to maintain and update plans of the public water system, including:
(A) All plans, specifications, modifications reviewed and approved by the director as described in section 11-20-30;

(B) Certification by a licensed professional engineer that the public water system was constructed or modified in accordance with the plans, specifications, and supporting information which were previously reviewed and approved by the director for delivering water which will comply with the national and state primary drinking water regulations; and

(C) Certification by a licensed professional engineer that any deviations from the original plans are accurately recorded and noted on "as-built" plans, and approved by the director.

(c) A public water system with adequate managerial capacity has at least the following items:

(1) Clear organizational structure and communications, including:
(A) The name, title, telephone, and fax numbers of the manager responsible for policy decisions and the public water system's compliance with national and state primary drinking water regulations;

(B) A chart showing the organizational structure, the working relationships between personnel, and a summary of the primary duties and responsibilities of personnel;

(C) List of personnel, their positions, telephone and fax numbers, and any other means of communication; and

(D) Where contractors are hired to manage and operate the public water system, the information described in subparagraphs (B) and (C) shall also be provided on the contractor(s);

(2) Clear identification of the public water system ownership, including:
(A) The legal name, address, telephone, and fax numbers of the public water system owner(s); and

(B) The legal name, address, telephone, and fax numbers of the contractor(s) hired to manage and operate the public water system for the water system owner(s);

(3) An adequate information management system, including:
(A) Procedures to collect, receive, and distribute necessary information quickly from and to public water system personnel, and where applicable, any contractor(s), and actual or potential users; and

(B) Procedures for filing, recordkeeping, tracking regulatory compliance, and implementation of programs;

(4) Qualified management and training, including:
(A) The manager and other key personnel have adequate qualifications, training, education, and work experience in managing and operating public water systems; and

(B) An adequate program to provide continuing training for managers to maintain their knowledge and skills, and to keep informed of issues affecting public water systems;

(5) Adequate emergency response plan which describes:
(A) Plausible emergencies;

(B) Abatement actions for each emergency described in subparagraph (A);

(C) Public notification procedures; and

(D) Identification of personnel and their specific responsibilities in each emergency situation;

(6) Adequate internal policies, including:
(A) A policy to inform customers or water users adequately about water quality as necessary, the public water system's operation as it may affect them, and the customers' or water users' duties, including any need for disinfection or alternate sources, cooperation with public water system personnel during service interruptions or emergencies, compliance with rules, help with water quality monitoring, water conservation, cross connection and backflow prevention, infrastructure changes, meter reading, rates, payment, and complaints;

(B) Design and construction standards for public water system modifications and repairs, and expansion, and internal review and inspection procedures for such work;

(C) Policies and procedures for keeping regulatory agencies and customers or water users informed of items such as water quality monitoring results, violations, disruption of water service, emergencies, infrastructure changes, and other problems;

(D) A policy for the development of budgets and rate structures; and

(E) A policy to seek information in a timely manner and use the information to adjust policies, plans, and programs appropriately.

(d) A public water system with adequate financial capacity has at least the following items:

(1) An adequate budget, including:
(A) Annual budgets that are prepared and approved by the water system owner(s) or its duly authorized representative for water system operation. A description of the budgeting process and copies of proposed and, if applicable, actual budgets, shall be provided; and

(B) Income and cash reserves adequate to pay annual operating expenses, unexpected significant repairs, and planned major work. Dedicated source(s) of income shall be identified;

(2) Adequate budget controls, including:
(A) Periodic performance reviews of actual expenditures and the annual budget;

(B) Procedures to safeguard financial assets; and

(C) Maintenance of detailed financial records which clearly identify the sources of income and the expenses involved in operating the public water system;

(3) Credit worthiness, including:
(A) Long term dedicated revenue projections which indicate that there will be sufficient revenue for operating and maintaining the public water system, performing anticipated repairs and replacement of major equipment, future expansion, and repayment of loans; and

(B) Credit report(s) which indicate that the public water system is financially healthy and credit worthy.

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