(a)
No person shall use a new source of raw water to supply a public
water system unless the source and its treatment facilities, if any, have been
approved by the director.
(b) Any
person proposing to use a new raw water source to supply a public water system
shall submit plans, supporting data, and information in an engineering report
to the department. The engineering report shall be prepared by a licensed
professional engineer, experienced in such fields as water resources,
hydrogeology, water supply, or environmental engineering, and shall include the
following:
(1) Identification of all
significant factors having potential for contaminating or reducing the quality
of the water source or which could cause the quality of water delivered to
users of the public water system to be in violation of any state primary
drinking water rule;
(2) Data
relating to quality and quantity of the source waters under normal conditions
and during stress periods, drought, or heavy precipitation, as determined by
field and laboratory analyses and investigations of available records; if
records are not available or are inadequate to determine source quality under
stress conditions, an estimate of expected quality and quantity during stress
conditions should be established;
(3)
If the proposed new water source is a surface source,
identification of the:
(A) Proximity and
effects of sources of pollution and the possibility of contamination due to
operation of waste treatment facilities or waste disposal systems, accidental
spills of hazardous materials, agricultural operations, and any other
activities which could introduce contaminants into the water source;
(B) Factors affecting the time of travel of
actual and potential pollution from its source to the water source;
(C) Actual and potential siltation problems;
and
(D) Possible effects on water
quality from existing or proposed upstream impoundments;
(4) If the proposed new water source is a
well, spring, or infiltration gallery, identification of the:
(A) Nature of soil and stratum overlaying the
water source, with special emphasis on identification of fissures and faults as
it relates to the natural purification or treatment of percolating fluids from
existing or future activities;
(B)
Nature, distance, direction of flow and time of travel of contaminants from
present and projected domestic, industrial, and agricultural sources of
pollution, and waste injection wells and other waste disposal facilities;
and
(C) The probability and effect
of surface drainage or contaminated underground water entering the subject
water source;
(5) For
each present and projected potential source of contamination, identification
and evaluation of alternative control measures which could be implemented to
reduce or eliminate the potential for contamination of the water source,
including treatment of the water source if subject to contamination, and
evaluation of the physical, economic, and social effects of implementing such
control measures;
(6)
Certification by the person proposing to use the new source of raw water to
supply a public water system that the new source of raw water and its treatment
system, if any, will be operated and maintained to provide water to the public
water system that complies with state primary drinking water regulations. This
requirement does not apply to new sources of raw water for the county
department or board of water or water supply;
(7) Certification by the licensed
professional engineer responsible for the preparation of the report, that the
facts presented in the engineering report are true, to the best of the
engineer's information and belief, and that the development of the new source
of raw water, and the collection, treatment, and distribution of water from the
new source of raw water and its treatment system, if any, are designed to
supply water that will comply with state primary drinking water regulations.
This requirement does not apply to engineering reports prepared by personnel in
the county department or board of water or water supply;
(8) Where required by the director, the
identification, qualifications, education, training, and work experience of the
engineer and other individuals involved in the preparation of the engineering
report; and
(9) Such other data and
information as the director may require.
(c) In deciding whether to approve or deny
the proposed use of a new source of raw water to supply a public water system,
the director may:
(1) Require the person
proposing to use the new water source to provide notice and opportunity for
public comment on the proposed use of the new water source. If the director
determines that a public hearing is warranted, the director may require the
person proposing to use the new water source to publish the notice of a public
hearing. The hearing shall be subject to the provisions of public notice and
hearing provided in section
11-20-27.
If a public hearing is required, the person proposing to use the new water
source shall pay all publication costs related to the public hearing(s)
notification(s) for each water source requiring such notice;
(2) Consult with appropriate experts, state
and county officials, including appointing a committee of such persons as the
director may determine to be appropriate to advise the director in making his
or her decision; or
(3) Take any
other action which the director may determine to be appropriate to obtain
adequate data and information on which to base his or her decision.
(d) The director may grant
approvals with conditions that the director considers necessary to ensure that
the water delivered to the public water system complies with state primary
drinking water regulations or otherwise protects public health.
(e) Before the director approves the use of a
new source of raw water to supply a new community public water system or a new
non-transient non-community public water system, the proposed supplier of water
shall demonstrate that the new public water system to be supplied by the new
source of raw water has adequate capacity under section
11-20-29.5.
Approvals for the use of a new source of raw water to supply
a proposed public water system subject to section
11-20-30(d)
shall be processed concurrently with the director's approval to construct the
public water system and granted concurrently with the director's approval to
use the public water system.
(f) A county department or board of water or
water supply may submit to the director a program plan for the development by
the county of new water sources for existing public water systems. Such plan
shall be sufficiently detailed to include the basic information required by
this section, with special attention paid to projections of future land use and
other activities as they may affect the susceptibility of the water source to
contamination. When approved in writing by the director, the requirements of
such program, rather than those of subsections (a), (b), (c), and (d), shall
govern the development of new sources of water for existing public water
systems in that county to the extent covered by that program.
(g) The director shall process written
requests for approvals of new sources of raw water in a timely manner.
(1) The director shall decide whether an
engineering report is complete within ninety days of receipt. The director
shall notify the person proposing to use the new source of raw water to supply
a public water system or its duly authorized representative in writing if the
engineering report is incomplete or otherwise deficient and describe the
additional information necessary to complete the report or correct the
deficiency. Failure to provide the additional information or to correct a
deficiency is sufficient ground to suspend or terminate the processing of the
report.
(2) The director shall
notify the person proposing to use the new source of raw water to supply a
public water system or its duly authorized representative in writing when an
engineering report is considered complete.
(3)
The director shall act on a written request for a new source
approval within one year from the date the director notifies the person
proposing to use the new source of raw water to supply a public water system or
its duly authorized representative that the engineering report is complete.
This time period of one year may be extended to the extent of delays of the
department's inspection of the raw water source and the public water system
caused by the person proposing to use the new source of raw water or the
supplier of water.
(4) This
subsection does not apply to the approval of new sources of raw water to supply
a public water system subject to subsection (e).
(h) The person proposing to use the new
source of raw water or its duly authorized representative shall notify the
department in writing of changes which may affect the engineering report.
Failure to provide such information shall be sufficient grounds for denial or
termination of the processing of the request for a new source approval.
