Current through February, 2024
(a) No new public
water system shall be constructed or used to deliver water to any user and no
existing public water system shall be substantially modified nor shall the
substantial modification be used to deliver water to any user until the new
public water system or the substantial modification has been approved by the
director
(1) Except for county owned systems
using a surface water source or ground water under the direct influence of
surface water source, the director may waive the approval required by this
subsection for substantial modifications to existing county owned and operated
public water systems when the appropriate county department or board of water
or water supply has capability acceptable to the director to sample and analyze
the water source and water to be delivered by the public water system such that
the county department or board of water or water supply can satisfactorily
demonstrate to the director that the public water system is capable of
delivering water which will comply with the state primary drinking water
regulations.
(2) For the purposes
of this section, a 'substantial modification" shall include, but not be limited
to, such things as any physical modification to the source, storage,
collection, treatment, or distribution facilities of the public water system
which is determined by the director to have an actual or potential significant
impact on the quality of water delivered to users of the public water
system.
(3) Any person proposing
physical modification to a public water system which increases the number of
service connections or population served by the public water system shall
consult with the director prior to commencement of such modification for a
determination by the director whether the proposed modification is a
'substantial modification" subject to the requirements of this section.
(b) A proposed or
existing supplier of water or its duly authorized representative shall
demonstrate that the new or modified public water system will deliver water in
compliance with state primary drinking water regulations before construction. A
proposed or existing supplier of water or its duly authorized representative
shall provide the following information:
(1)
Plans, specifications, supporting information, and documents detailing the
design and location of the proposed new public water system or the existing
public water system and the proposed substantial modifications;
(2) Documents and supporting information on
the raw water source(s) and proposed treatment, if any, demonstrating that the
source(s) of raw water to supply the public water system complies with state
primary drinking water regulations. Where a new source of raw water is proposed
to supply a public water system, the documents must demonstrate that the new
source of raw water complies with section
11-20-29;
(3) Documents and information
demonstrating that the public water system will be adequately operated and
maintained;
(4) Documents and
information demonstrating that the new public water system or substantial
modifications to an existing public water system will be located and
constructed in conformance with all applicable State of Hawaii laws and county
ordinances relating to floods, tsunamis, earthquakes, and fires. To the extent
practicable, part or all of the new or substantially modified existing facility
shall avoid any site which is subject to a significant risk from earthquakes,
floods, tsunamis, fires, or other disasters which could cause a breakdown of
the public water system or a portion thereof or which is, except for intake
structures, within the floodplain of a hundred-year flood or is lower than any
recorded high tide where appropriate records exist;
(5) Certification by the licensed
professional engineer(s) responsible for the preparation of the plans and
specifications for the new public water system or the substantial modifications
to the existing public water system, and the operation and maintenance
documents, that the water system or the modifications have been designed to
deliver water that will comply with state primary drinking water regulations.
This certification is not required for plans and specifications prepared by
personnel in the county department or board of water or water supply, in
compliance with applicable county department or board of water or water supply
rules, regulations, and standards;
(6)
Certification by the proposed or existing supplier of water that
the public water system will be operated and maintained to provide water in
compliance with state primary drinking water regulations. This certification is
not required for new or modified public water systems owned and operated by the
county department or board of water or water supply; and
(7) Other information, including testing or
inspections, as the director considers necessary to decide on whether to grant
approval to construct.
(c)
After construction has been completed, the new public water
system or substantial modifications to an existing public water system shall
not be used to deliver water to any user until approved by the director. The
supplier of water or its duly authorized representative shall provide the
following:
(1) A detailed description of the
changes made from the planned system or modification approved by the director
and analysis of the effect, if any, that the changes will have on the quality
of water delivered by the new or modified public water system and compliance
with primary drinking water regulations, certified by a licensed professional
engineer; and
(2) Other
information, including testing or inspections, as the director considers
necessary to approve of the changes or evaluate the need for corrective
actions.
(d) For
approval of a new community public water system or a new non-transient
non-community public water system, required under subsection (a), before
construction or use of the system, the proposed supplier of water or its duly
authorized representative shall comply with the requirements of subsection (b)
and demonstrate to the director's satisfaction that the proposed system has
adequate capacity as described in section
11-20-29.5.
(1) A new community public water system or
new non-transient non-community public water system shall include:
(A) Newly constructed community public water
systems or non-transient non-community public water systems; and
(B) Water systems that do not currently meet
the definition of a public water system as defined in section
11-20-2
but which expand their infrastructure and thereby grow to become a community
public water system or a non-transient non-community public water system;
and
(2) A demonstration
of adequate capacity under section
11-20-29.5
shall include the obtaining of the director's approval of any new sources of
raw water as described in section
11-20-29.
(e) For approval of a new
transient non-community public water system or substantial modification of an
existing public water system, which has failed to comply with state primary
drinking water regulations or has significant problems noted by sanitary
surveys or inspections, required under subsection (a), the proposed or existing
supplier of water may, at the director's discretion, also be required to
demonstrate to the director's satisfaction that the system has adequate
capacity as described in section
11-20-29.5.
(f) Before granting approval of the
construction or use of the new public water system or substantial modifications
to an existing public water system, the director may:
(1) Conduct inspections, before, during, and
after construction or implementation as deemed appropriate by the
director;
(2) Require the proposed
or existing supplier of water or its duly authorized representative to perform
sampling, and testing as deemed appropriate to determine the ability of the new
or substantially modified public water system to deliver water that complies
with state primary drinking water regulations;
(3) Review the ability of the source(s) of
raw water and treatment, if any, to supply water to the new or substantially
modified public water system in compliance with state primary drinking water
regulations; and
(4) Impose
conditions, such as monitoring or operating requirements or restrictions, as
deemed appropriate by the director to ensure that the water delivered meets
state primary drinking water regulations.
(g) The director shall process written
requests for approval of the construction or use of new public water systems or
proposed substantial modifications to existing public water systems in a timely
manner.
(1) The director shall notify the
proposed or existing supplier of water or its duly authorized representative
whether the written request for preconstruction approval is complete within
one-hundred eighty days of receipt.
(2)
The director shall notify the proposed or existing supplier of
water or its duly authorized representative whether a written request for
postconstruction and pre-use approval is complete within sixty days of
receipt.
(3) If the director finds
a written request for preconstruction or postconstruction and pre-use approval
is incomplete or otherwise deficient, the director shall describe the
additional information necessary to complete the written request or correct the
deficiency. Failure to provide the additional information or to correct the
deficiency is sufficient grounds to suspend or terminate review of the written
request for preconstruction or postconstruction and pre-use approval.
(4) The director shall act on a written
request for preconstruction approval within one year from the date the director
notifies the proposed or existing supplier of water or its duly authorized
representative that the written request was considered complete.
(5) The director shall act on a written
request for postconstruction and pre-use approval within sixty days from the
date the director notifies the proposed or existing supplier of water or its
duly authorized representative that the written request was considered
complete.
(6) The director may
extend the deadline for postconstruction and pre-use approval to the extent of
delays in inspections, sampling, testing, or providing information requested or
to be conducted by the department and caused by the proposed or existing
supplier of water or its duly authorized representative.
(7) This subsection does not apply to
approvals of public water systems subject to subsection (d).
(h) The proposed or existing
supplier of water or its duly authorized representative shall notify the
department in writing of changes which may affect the director's decision to
approve the construction or use of a new public water system or a substantial
modification of a public water system. Failure to provide such information
shall be sufficient grounds for denial or termination of the plan review.
