(1) Public Water Systems shall not use
bottled water to achieve compliance with an MCL, MRDL, Action Level or
Treatment Technique established in 310 CMR 22.00 or any standards specific to
an individual Public Water System established pursuant to a health assessment
as provided in 310 CMR 22.03(8). Bottled water may be approved by the
Department for use on a temporary basis to avoid any unreasonable risk to
health.
(2) Public Water Systems
using bottled water as a condition of obtaining an exemption from the
requirements of 310 CMR 22.06(16), 22.07A and 22.07B(1), and must meet the
requirements in 310 CMR 22.14(25)
(3) Public Water Systems that use
point-of-use or point-of-entry devices as a condition of receiving an exemption
must meet the requirements in 310 CMR 22.14(27).
(4) A Supplier of Water meeting the following
minimum requirements, subject to the Department's review and written approval
in accordance with 310 CMR 22.04, may use Point of Use (POU) and/or Point of
Entry (POE) devices to comply with an MCL set forth in 310 CMR 22.00 or to
achieve a contaminant level identified in accordance with 310 CMR 22.03(8):
(a) the POU or POE device must be owned,
controlled, operated and maintained by the Supplier of Water in accordance with
310 CMR 22.00;
(b) the POU or POE
device must be equipped with mechanical warnings device to ensure that
customers are automatically notified of operational problems;
(c) the POU or POE device must be included in
the Department's approved list of technologies for small systems and approved
in accordance with 310 CMR 22.04(8);
(d) the POU or POE device must be installed
in conformance with 248 CMR 10.00: Uniform State Plumbing
Code;
(e) a monitoring
plan that ensures that the devices provide health protection equivalent to that
provided by central water treatment must be submitted;
(f) effective technology under a
Department-approved plan must be applied. The microbiological safety of the
water must be maintained at all times;
(g) the Supplier of Water must ensure that
buildings connected to the system have sufficient POU or POE devices that are
properly installed, maintained, and monitored such that all consumers will be
protected;
(h) the POU or POE
device must have an adequate certification of performance including field
testing or the device has undergone a rigorous engineering design review;
(i) the design and application of
the POU and/or POE devices must consider the potential for increasing
concentrations of heterotrophic bacteria in water treated with activated
carbon.
It may be necessary to use frequent backwashing, post contactor
Disinfection, and Heterotrophic Plate Count monitoring to ensure that the
microbiological safety of the water is not compromised;
(j) each building connected to the system
must have a POU or POE device that is properly installed, maintained, and
monitored. Each building is subject to treatment and monitoring, and the rights
and responsibilities of the Public Water System customer convey with title upon
sale of property;
(k) the Supplier
of Water must document that all customers are required to or have agreed to
participate in the POU and or POE water treatment program. Documentation may
include, without limitation, the following:
1. an ordinance that requires the customers
to participate in the program; or
2. copies of signed agreements from all
customers explicitly agreeing to provide the Supplier of Water with access to
their homes or buildings for the purpose of conducting necessary maintenance
and sampling activity;
(l) the Supplier of Water must notify and
provide an opportunity for public comment to its customers of the proposed POU
and POE treatment program at a public meeting, or an equivalent approved
opportunity for public comment;
(m) the Supplier of Water must submit a
continuing education and awareness plan, including all supporting educational
materials;
(n) the Supplier of
Water must provide educational materials pursuant to the approved continuing
education and awareness plan described in 310 CMR 22.23(4)(m) to new and
existing customers summarizing potential health effects of contaminants of
concern and the benefits of POU/POE devices, subject to the following:
1. if the water system is a Community Water
System educational materials may be provided in their Consumer Confidence
Report; and
2. new residents shall
be given educational materials within 15 days of beginning water service to
such residents;
(o) the
POU device must not be used for the following contaminants: microbiological
contaminants, nitrate, volatile organic compounds and radon; and
(p) the POE device must not be used for the
following contaminants: microbiological contaminants and nitrate.
(5) With prior written approval of
the Department in accordance with 310 CMR 22.04(1), a POE or POU device may be
installed in a facility to meet an Action Level, Treatment Technique in
lieu of an MCL, or other requirements of 310 CMR 22.00. The
facility, upon the installation of the POE or POU device, shall constitute a
consecutive Public Water System as defined in 310 CMR 22.02, provided the
facility meets the definition of a Public Water System as defined in 310 CMR
22.02. A consecutive system that installed a POU or POE device in accordance
with 310 CMR 22.23(5) is subject to all of the requirements of 310 CMR 22.00
unless said system complies with 310 CMR 22.23(6)(a) through (i) and
demonstrates to the Department's satisfaction that it meets the criteria in 310
CMR 22.03(3)(b) through (e).
(6) If
a POE device is installed in a facility solely to enhance the aesthetic quality
of the drinking water and, because of the installation of such a device the
facility meets the definition of a Public Water System in 310 CMR 22.02, it
shall constitute a consecutive Public Water System subject to all of the
requirements of 310 CMR 22.00, unless the system complies with the following
minimum requirements:
(a) the facility shall
advise the Department and the supplying Public Water System in writing of the
intended installation of the device;
(b) the facility shall be responsible for the
operation and maintenance of the device, subject to adequate oversight by the
supplying Public Water System;
(c)
the facility shall comply with the requirements of the supplying Public Water
System;
(d) the facility shall
provide a detailed written notification of the installation of the POE device
to the local health authority having jurisdiction over the facility;
(e) the facility shall only use POE devices
that have been certified by the National Sanitation Foundation (NSF),
Underwriters Laboratory (UL) or equivalent third party certifying organization
accredited by American National Standards Institute (ANSI);
(f) the facility shall install the POE device
in accordance with 248 CMR 10.00: Uniform State Plumbing
Code;
(g) the facility
shall monitor the quality of water as specified by the supplying Public Water
System, the Department or the local health authority;
(h) the facility shall ensure that any
wastewater discharge complies with all applicable federal, state and local
regulations; and
(i) the facility
shall maintain the microbiological quality standards of the water at all times
as specified at 310 CMR 22.05.
(7) The Department may require any facility
or other entity meeting the requirements of 310 CMR 22.23(5) and (6) to comply
with any or all other requirement of 310 CMR 22.00, if the Department
determines that such action is necessary to protect the health of the consumers
of water.
