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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