Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 22.00 - Drinking Water › Section 22.23 - Use of Non-centralized Treatment Devices and Bottled Water

Current through Register 1525, July 5, 2024
(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.