reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part I - PROCEDURAL REGULATIONS › Section 246-293-290 - Coordinated water system plan - Local review

Current through Register Vol. 24-14, July 15, 2024
(1) Prior to submission of a coordinated
				  water system plan to the department for approval, the plan shall be reviewed by
				  the county legislative authority(ies) in the county(ies) in which the critical
				  water supply service area is located. County review of the coordinated water
				  system plan shall include at least one public hearing.
(2) If no comments have been received from
				  the county legislative authority(ies) within sixty days of receipt of the
				  coordinated water system plan, the department may consider the plan for
				  approval.
(3) If within sixty days
				  of receipt of the coordinated water system plan, the county legislative
				  authority(ies) find any segment of the plan to be inconsistent with adopted
				  land use plans, shorelines master programs, the following shall occur:
(a) The county legislative authority(ies)
				  shall submit written description of their determination and justification
				  supporting their determination prior to the end of the sixty day period to the
				  department and all affected parties.
(b) The county legislative authority(ies)
				  shall make every effort to resolve any inconsistencies within sixty days of
				  submittal of written justification.
(c) The department may approve those portions
				  of the coordinated water system plan found not to be inconsistent with adopted
				  plans and policies at any time after the initial determination by the county
				  legislative authority(ies).
(d) If
				  after the sixty day period established for resolution of inconsistencies an
				  inconsistency still exists, the affected parties shall each present their final
				  recommended alternative solution to the department. The department shall then
				  review all alternative solutions and discuss its recommendations with the
				  county(ies) and the water utility coordinating committee. If after two years of
				  the declaration of the critical water supply service area the inconsistencies
				  persist, the department may deny proposals to establish or to expand any public
				  water system facilities which affect that portion of the critical water supply
				  service area being contested.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part I - PROCEDURAL REGULATIONS › Section 246-293-300 - Coordinated water system plan - Department approval

Current through Register Vol. 24-14, July 15, 2024
(1) A coordinated water system plan shall be
				  submitted to the department for design approval within two years of the
				  establishment of external critical water supply service area boundaries.
(a) In its review of the coordinated water
				  system plan, the department shall ensure that every topic in the guidelines
				  identified in WAC 248-56-720 has been covered to the extent necessary based on
				  the size and nature of the water system(s) and characteristics of the critical
				  water supply service area.
(b) The
				  department shall not approve those portions of a coordinated water system plan
				  which fail to meet the requirements for future service area boundaries pursuant
				  to WAC 248-56-730.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part II - RESOLUTION OF SERVICE AREA CONFLICTS › Section 246-293-401 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to provide a process for
					 resolving service area conflicts which arise from implementation of the Public
					 Water System Coordination Act, chapter 70A.100 RCW, and its procedural
					 regulations, chapter 248-56 WAC.
Statutory Authority:
						RCW
						43.70.040. 91-02-049 (Order 121), recodified
						as § 246-293-401, filed 12/27/90, effective 1/31/91. Statutory Authority:
						RCW 74.116.070 [70.116.070]. 83-01-015 (Order 1919), § 248-59-005, filed
						12/6/82.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part II - RESOLUTION OF SERVICE AREA CONFLICTS › Section 246-293-420 - Public hearing

Current through Register Vol. 24-14, July 15, 2024
(1) If no service
				  area boundary agreement has been established after a conscientious effort by
				  existing water purveyors within one year of establishment of external critical
				  water supply service area boundaries, or if the legislative authority or
				  authorities have filed written objections with the department, the water supply
				  and waste section of the department of social and health services (DSHS) shall
				  work with the affected parties in an informal manner in order to reach an
				  agreement.
(2) If, in the judgment
				  of the water supply and waste section of DSHS, informal negotiations with the
				  affected parties fail to make progress toward reaching an agreement, the water
				  supply and waste section of DSHS shall hold a public hearing to determine its
				  course of action.
(3) The water
				  supply and waste section of DSHS shall provide at least thirty days' notice of
				  the public hearing; thus, giving the affected parties a final opportunity to
				  agree upon service area boundaries prior to the public hearing.
(4) Notice of the public hearing shall be
				  mailed by certified mail to:
(a) Each
				  purveyor providing service in the area of conflict;
(b) Each legislative authority having
				  jurisdiction in the area; and
(c)
				  The public pursuant to chapter 65.16 RCW.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part II - RESOLUTION OF SERVICE AREA CONFLICTS › Section 246-293-430 - Initial decision

Current through Register Vol. 24-14, July 15, 2024
(1) The public
				  hearing may be continued from time to time if good cause can be shown for such
				  a continuance.
(2) After conclusion
				  of the hearing, the water supply and waste section of DSHS may decide to take
				  no action or restrict any or all purveyors from carrying out improvements
				  within the conflicting area. Affected parties shall be notified of the decision
				  by certified mail. The decision shall be issued as a written report and include
				  justification based upon:
(a) Compliance with
				  DSHS regulations;
(b) A record of
				  the hearing; and
(c) Criteria
				  established in WAC 248-56-730.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-601 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter is promulgated pursuant to the authority
					 granted in the Public Water System Coordination Act of 1977, chapter 70A.100
					 RCW, for the purpose of establishing minimum performance standards related to
					 fire protection, including provisions for their application and enforcement,
					 and incorporating them into the design and construction of new and expanding
					 public water systems.
Statutory Authority:
						RCW
						43.70.040. 91-02-049 (Order 121), recodified
						as § 246-293-601, filed 12/27/90, effective 1/31/91. Statutory Authority:
						RCW
						70.116.080. 79-04-007 (Order 1378), §
						248-57-010, filed 3/12/79.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-602 - Scope

Current through Register Vol. 24-14, July 15, 2024
These standards and regulations shall apply to the
					 following new and expanding public water systems:
(1) Those having more than 1,000 services.
				  (See WAC 248-54-580.)
(2) Those
				  with less than 1,000 services located within the boundaries of a critical water
				  supply service area and subject to the requirement for a coordinated water
				  system plan. (See WAC 248-54-580 and 248-56-700.)
Note:
Public water systems in existence prior to
								  September 21, 1977, which are owner operated and serve less than ten single
								  family residences; serving no more than one industrial plant; or are
								  nonmunicipally owned with no plans for water service beyond their existing
								  service area are exempt from the planning requirement.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order
						121), recodified as § 246-293-602, filed 12/27/90, effective 1/31/91.
						Statutory Authority:
						RCW
						70.116.080. 79-04-007 (Order 1378), §
						248-57-200, filed 3/12/79.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-620 - Administration

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				  shall administer these regulations through its ongoing review and approval of
				  water system plans and engineering reports as provided for in WAC 248-54-580,
				  248-54-590, and 248-56-810.
(2) In
				  the event that plans and specifications for water system improvements are
				  submitted to the department for approval under WAC 248-54-600 and the design of
				  the proposed improvements is inconsistent with development classifications
				  identified in the water system plan, (see WAC 248-57-400) the department shall
				  not approve the plans and specifications.
(3) Plans and specifications for water system
				  improvements (see WAC 248-54-600) proposed within those cities, towns, or
				  counties which operate under local fire flow standards shall include written
				  confirmation that they meet the requirements of adopted local standards from
				  the authority administrating those standards. (See WAC 248-57-900.)
Statutory Authority: RCW 43.70.040. 91-02-049 (Order
						121), recodified as § 246-293-620, filed 12/27/90, effective 1/31/91.
						Statutory Authority:
						RCW
						70.116.080. 79-04-007 (Order 1378), §
						248-57-300, filed 3/12/79.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-630 - Application

Current through Register Vol. 24-14, July 15, 2024
(1) Water system
				  plans prepared by those public water systems identified in WAC 248-57-200 shall
				  include a section in their plans addressing fire flow, hydrant and system
				  reliability standards in accordance with WAC 248-57-500, 248-57-600, and
				  248-57-700 respectively. The section shall include a map entitled development
				  classifications consistent with the following:
(a) The map shall delineate the existing and
				  future service area of the water system into the following categories:
(i) Rural - lot sizes greater than one acre
				  (including parks, open space, agricultural lands, etc.)
(ii) Residential - lot sizes one acre or
				  less, (including all single and multifamily structures less than 4000 square
				  feet, and mobile home and recreational vehicle parks)
(iii) Commercial and multifamily residential
				  structures with a floor area 4000 square feet or greater.
(iv) Industrial
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-640 - Minimum standards for fire flow

Current through Register Vol. 24-14, July 15, 2024
(1)
				  City, town, or county legislative authority shall set minimum fire flows where
				  local standards are adopted under WAC 248-57-900.
(2) Where local standards are not adopted
				  under WAC 248-57-900, Table 1 shall identify minimum fire flows. Contact with
				  the county and local fire protection authority shall be made before applying
				  these standards in a water system plan or to design of individual development.
TABLE 1
MINIMUM FIRE FLOWS*
Development Classification
Minimum Fire Flow Requirement
(as described under WAC 248-57-400)
Rural
None
Residential
500 gallons per minute for 30 minutes
Commercial and multifamily structures greater
								  than 4000 sq. ft.
750 gallons per minute for 60 minutes**
Industrial
1000 gallons per minute for 60 minutes**
*
**
Minium flows are in addition to requirements for
								  normal domestic maximum use.
Commercial and industrial buildings may be
								  subject to higher flow requirements when evaluated on an individual basis by
								  the local fire protection authority.
Note:
Minimum standards in most cases require less flow
								  than categories in the guidelines published by the Insurance Services Office
								  (Municipal Survey Service, 160 Water Street, New York, New York 10038) and
								  therefore may not result in lower insurance rates.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order
						121), recodified as § 246-293-640, filed 12/27/90, effective 1/31/91.
						Statutory Authority: Chapter 70.116 RCW. 89-16-065 (Order 2840), §
						248-57-500, filed 7/31/89, effective 8/31/89. Statutory Authority:
						RCW
						70.116.080. 79-04-007 (Order 1378), §
						248-57-500, filed 3/12/79.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-650 - Minimum standards for fire hydrants

Current through Register Vol. 24-14, July 15, 2024
(1) In those areas where minimum fire flow
				  requirements must be met, fire hydrants shall be provided in accordance with
				  WAC 248-57-600. If phased installation of water facilities are approved by the
				  department, fire hydrants do not need to be installed until source, storage,
				  and transmission capacity needed to meet the minimum flow requirements are
				  operational: Provided, That in such instances a "T" shall be installed every
				  900 feet where fire hydrants will be located.
(2) Fire hydrants shall be located at roadway
				  intersections wherever possible and the distance between them shall be no
				  further than 900 feet.
(3) All fire
				  hydrants shall conform to American Water Works Association specifications for
				  dry barrel fire hydrants. Each hydrant shall have at least two hose connections
				  of 2 1/2" diameter each and one pumper connection. All connections must have
				  national standard threads or other connection devices consistent with local
				  fire protection authority requirements.
(4) Fire hydrants shall be installed plumb
				  and be set to the finished grade. The bottom of the lowest outlet of the
				  hydrant shall be no less than eighteen inches above the grade. There shall be
				  thirty-six inches of clear area about the hydrant for operation of a hydrant
				  wrench on the outlets and on the control valve. The pumper port shall face the
				  most likely route of approach of the fire truck as determined by the local fire
				  protection authority.
(5) Fire
				  hydrants shall be located so as to be accessible by fire engines and not be
				  obstructed by any structure or vegetation or have the visibility impaired for a
				  distance of fifty feet in the direction of vehicular approach to the hydrant.
				  Fire hydrants subject to vehicle damage (e.g., such as those located in parking
				  lots) shall be adequately protected.
(6) Provisions shall be made to drain fire
				  hydrant barrels to below the depth of maximum frost penetration.
(7) Out of service fire hydrants shall be
				  repaired as soon as possible.
(8)
				  Public water systems are encouraged to enter into contracts with local fire
				  protection authorities to insure proper maintenance of fire hydrants.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order
						121), recodified as § 246-293-650, filed 12/27/90, effective 1/31/91.
						Statutory Authority:
						RCW
						70.116.080. 79-04-007 (Order 1378), §
						248-57-600, filed 3/12/79.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-660 - Minimum standards for system reliability

Current through Register Vol. 24-14, July 15, 2024
(1) The public water system shall be capable
				  of supplying minimum fire flows either by gravity, or under the following
				  conditions where fire flows are supplied by pumping:
(a) The largest pump out of service at any
				  pumping level,
(b) The highest
				  capacity treatment unit out of service, while maintaining minimum acceptable
				  standards of water quality.
(c) A
				  power outage in effect, unless the appropriate power utility(ies) records
				  indicate a low incidence of electrical outage, defined as follows:
(i) Outages shall average three or less per
				  year based on data for the three previous years with no more than six outages
				  in a single year. Power must be lost for a minimum of thirty minutes in order
				  to qualify as an "outage."
(ii)
				  Outage duration shall average less than four hours based on data for the three
				  previous years. Not more than one outage during the three previous year period
				  shall have exceeded eight hours.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-670 - Alternate methods

Current through Register Vol. 24-14, July 15, 2024
Fire protection may be provided by means other than those
					 discussed in these regulations, provided that such alternate methods are fully
					 documented in the water system plan and approved by both the local fire
					 protection authority and the department.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order
						121), recodified as § 246-293-670, filed 12/27/90, effective 1/31/91.
						Statutory Authority:
						RCW
						70.116.080. 79-04-007 (Order 1378), §
						248-57-800, filed 3/12/79.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-680 - Local standards

Current through Register Vol. 24-14, July 15, 2024
(1) Where
				  standards in these regulations do not fully meet the fire protection needs of a
				  city, town or county, the appropriate city, town or county legislative
				  authority may promulgate fire flow and system reliability performance standards
				  applicable within their respective jurisdiction. Such standards shall be fully
				  documented and provide at least equal performance and protection as the minimum
				  requirements contained in these regulations.
(2) Standards established by local
				  jurisdictions shall be submitted to the department for review, and approval if
				  they at least meet the minimum level of protection required by these
				  regulations.
(3) The city, town, or
				  county which adopts local fire flow or system reliability standards shall be
				  responsible for administering those standards.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order
						121), recodified as § 246-293-680, filed 12/27/90, effective 1/31/91.
						Statutory Authority:
						RCW
						70.116.080. 79-04-007 (Order 1378), §
						248-57-900, filed 3/12/79.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-293 - Water System Coordination Act › Part III - FIRE FLOW › Section 246-293-690 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of the chapter or its application to any
					 person or circumstance is held invalid, the remainder of this chapter or the
					 application of the provision to other persons or circumstances, shall not be
					 affected.
Statutory Authority: RCW 43.70.040. 91-02-049 (Order
						121), recodified as § 246-293-690, filed 12/27/90, effective 1/31/91.
						Statutory Authority:
						RCW
						70.116.080. 79-04-007 (Order 1378), §
						248-57-990, filed 3/12/79.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
This chapter implements chapter 70A.125 RCW and sets
				  operating permit requirements to help assure Group A water systems provide safe
				  and reliable drinking water to the public consistent with chapter 246-290 WAC,
				  state board of health drinking water regulations and chapter 246-292 WAC, water
				  works operator certification regulations.
Statutory Authority: Chapter 70.119A RCW. 04-06-047, §
					 246-294-001, filed 3/1/04, effective 4/1/04; 93-03-047 (Order 325), §
					 246-294-001, filed 1/14/93, effective
					 2/14/93.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-010 - Definitions, abbreviations, and acronyms

Current through Register Vol. 24-14, July 15, 2024
The definitions, abbreviations, and acronyms in this section
				  apply throughout this chapter unless the context clearly indicates
				  otherwise.
(1)
"Adequacy"
means an assessment, based upon evaluation of the department's records, of a
				water system's current ability to provide safe and reliable drinking water in
				accordance with applicable drinking water statutes and regulations.
(2)
"Community water system"
means any Group A water system:
(a) With 15 or
				more services used by residents for 180 or more days within a calendar year,
				regardless of the number of people; or
(b) Regularly serving 25 or more residents
				for 180 or more days within the calendar year, regardless of the number of
				services.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
Owners of all Group A water systems shall obtain an annual
				  operating permit from the department for each system owned. The operating
				  permit shall be valid until the next renewal date in accordance with WAC
				  246-294-050. Any change in
				  ownership of the permitted system shall require a new permit in accordance with
				  WAC 246-294-060.
Statutory Authority: Chapter 70.119A RCW. 04-06-047, §
					 246-294-020, filed 3/1/04, effective 4/1/04; 93-03-047 (Order 325), §
					 246-294-020, filed 1/14/93, effective
					 2/14/93.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-030 - Application and issuance of operating permits

Current through Register Vol. 24-14, July 15, 2024
(1) No person may operate and no owner shall
				permit the operation of a Group A water system unless the owner annually
				submits an application along with the required fee to the department and the
				department has issued an operating permit to the system owner. Any owner
				operating a system may continue to operate until the department takes final
				action on granting or denying the operating permit, in accordance with WAC
				246-294-050.
(2) The department shall mail an application
				to water systems annually using a schedule that is based on the size and type
				of water system.
(3) In addition to
				the regularly scheduled issuance of annual operating permits, new or revised
				operating permits shall be required when:
(a)
				The owner of a new Group A system receives all required department approvals
				relating to water system operation (see WAC
				246-294-030(4)
				); or
(b) Ownership of a Group A system changes
				(see WAC 246-294-060).
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-040 - Operating permit categories

Current through Register Vol. 24-14, July 15, 2024
(1) The
				department shall evaluate and place each system into one of the categories in
				subsection (2) of this section. Each permit shall clearly identify the category
				into which the system is placed.
(2) The department will use the criteria from
				drinking water regulations to evaluate systems and place them into the
				following operating permit categories:
(a)
				Category green. This category represents systems that are in substantial
				compliance with drinking water regulations. The department considers systems in
				this category as adequate for existing uses and adding new service connections
				up to the number of approved service connections.
(b) Category yellow. This category represents
				systems that are substantially in compliance with drinking water regulations,
				except that the system:
(i) Has been notified
				of the water system planning provisions of WAC
				246-290-100 and has failed to
				satisfy the requirements; and/or
(ii) Is a state significant noncomplier that
				has signed a compliance agreement with the department to resolve the violations
				and is acting in accordance with the compliance agreement.
The department considers systems in the yellow category as
				  adequate for existing uses and new service connections up to the number of
				  approved service connections unless otherwise limited by a compliance
				  agreement.
(c)
				Category blue. This category represents systems that are substantially in
				compliance with drinking water regulations except that the system:
(i) Does not meet the design approval
				requirements of WAC
				246-290-120 and
				246-290-140; or
(ii) Has exceeded the number of department
				approved service connections.
The department considers systems in this category as adequate
				  for existing uses but are not considered adequate for adding new service
				  connections.
(d)
				Category red. This category represents systems that are substantially out of
				compliance with drinking water regulations. The department will place a system
				in this category if it is:
(i) A state
				significant noncomplier and has not signed a compliance agreement with the
				department or has signed a compliance agreement but is not acting in accordance
				with the compliance agreement; or
(ii) In violation of a departmental order;
				or
(iii) Under a departmental order
				for violations that pose an imminent threat to public health.
The department considers systems in this category inadequate
				  for existing uses and for additional service connections.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-050 - Permit issuance

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				shall grant or deny the operating permit within one hundred twenty days of
				receiving a completed application and full payment.
(2) Issuance of an operating permit means
				that the owner may operate the permitted system until the date specified on the
				permit unless protection of the public health, safety, and welfare requires
				immediate response or the imposition of conditions.
(3) At the time of permit issuance, the
				department may impose permit conditions and compliance schedules that the
				department determines are necessary to ensure that the system will provide safe
				and reliable drinking water, consistent with the provisions of chapters 246-290
				and 246-292 WAC.
(4) The department
				may modify an operating permit at any time based on review of the evaluation
				criteria in WAC
				246-294-040(2).
				If the department modifies a permit, the department will send the owner a
				revised permit with the same expiration date. The department will also notify
				the appropriate local jurisdiction of the change in status.
(5) The department may revoke an operating
				permit or deny an operating permit application if the department determines
				that the system operation constitutes or may constitute a public health hazard
				to consumers.
(6) When the
				department takes action to deny, condition, modify, or revoke an operating
				permit, the department shall follow the steps outlined in
				RCW
				43.70.115.
(7) An operating permit applicant may file an
				appeal under chapter 34.05 RCW, if the department denies, conditions, modifies,
				or revokes the operating permit. To appeal a department action, the owner shall
				submit to the department a written appeal within twenty-eight days of receiving
				the adverse notice.
The appeal shall state:
(a) The issue or issues and law involved;
				and
(b) The basis for appealing the
				department's decision.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-060 - Transfer of ownership

Current through Register Vol. 24-14, July 15, 2024
(1) A
				prospective new owner of a Group A water system may not take possession of the
				system without first obtaining a new operating permit.
(2) The department shall send an application
				to the prospective new owner when the department is notified of transfer of
				ownership in accordance with WAC
				246-290-035(2).
				The new owner shall proceed with the permit process under WAC
				246-294-030.
(3) The department shall not charge a fee for
				a new permit resulting from a change in ownership. The permit shall be
				effective from the date of issuance by the department until the next scheduled
				permit renewal date, at which time the department will charge a renewal
				fee.
(4) This section applies to
				the prospective owner, and the requirements of WAC
				246-290-035(2) 
				apply to the owner transferring the system.
Statutory Authority: Chapter 70.119A RCW. 04-06-047, §
					 246-294-060, filed 3/1/04, effective 4/1/04; 93-03-047 (Order 325), §
					 246-294-060, filed 1/14/93, effective
					 2/14/93.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-070 - Fees

Current through Register Vol. 24-14, July 15, 2024
(1) The fees for
				Group A water system operating permits are authorized under
				RCW
				70A.125.100 and are listed in Table 2.
TABLE 2 OPERATING PERMIT FEES
Classification
2012
2013
2014 and following years
Base fee for all water systems
$100.00
$100.00
$100.00
Per connection fee:
14 or fewer services
$0.65
$0.98
$1.30
15 - 99 services
$0.63
$0.94
$1.25
100 - 499 services
$0.60
$0.90
$1.20
500 - 999 services
$0.58
$0.86
$1.15
1,000 - 9,999 services
$0.55
$0.83
$1.10
10,000 - 95,000 services
$0.53
$0.79
$1.05
95,001 or more services
$50,000.00 per year
$75,000.00 per year
$100,000.00 per year
SMA
Use the per connection fee amount above to calculate
							 the fee based on total number of all service connections owned plus a $100 base
							 fee
Use the per connection fee amount above to calculate
							 the fee based on total number of all service connections owned plus a $100 base
							 fee
Use the per connection fee amount above to calculate
							 the fee based on total number of all service connections owned plus a $100 base
							 fee
Late fee (late fee is charged seventy days after the
							 department mails the renewal application)
Add 10% to applicable fee or $25.00, whichever is
							 greater
Add 10% to applicable fee or $25.00, whichever is
							 greater
Add 10% to applicable fee or $25.00, whichever is
							 greater
(2)
				For purposes of determining the operating permit fee, service connections shall
				be counted as follows:
(a) For community water
				systems, the operating permit fee is based on the total number of residential
				service connections and non-residential service connections.
(b) Nonresidential service connections are
				counted as one service connection for each property as defined in WAC
				246-294-010(11) 
				regardless of how many buildings are on the property.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-080 - Public notification

Current through Register Vol. 24-14, July 15, 2024
An owner issued a category red operating permit shall notify
				  the water system users in accordance with WAC
				  246-290-71001,
				  246-290-71003, and
				  246-290-71004.
Statutory Authority: Chapter 70.119A RCW. 04-06-047, §
					 246-294-080, filed 3/1/04, effective 4/1/04; 93-03-047 (Order 325), §
					 246-294-080, filed 1/14/93, effective
					 2/14/93.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-090 - Enforcement

Current through Register Vol. 24-14, July 15, 2024
The department may initiate appropriate enforcement actions
				  if an owner is out of compliance with these rules or any applicable drinking
				  water regulations. These actions may include any one or combination of the
				  following:
(1) Issuance of informal
				letters instructing or requiring appropriate corrective measures; or
(2) Issuance of a compliance agreement or
				schedule; or
(3) Issuance of
				departmental orders requiring any person to apply for an operating permit as
				required by these rules and
				RCW
				70A.125.100 or to comply with applicable
				drinking water regulations imposed as part of an operating permit; or
(4) Issuance of civil penalties for up to
				$5,000 per day per violation for failure to comply with departmental orders
				issued in accordance with subsection (3) of this section; or
(5) Legal action by the attorney general or
				local prosecutor.
Statutory Authority: Chapter 70.119A RCW. 04-06-047, §
					 246-294-090, filed 3/1/04, effective 4/1/04; 93-03-047 (Order 325), §
					 246-294-090, filed 1/14/93, effective
					 2/14/93.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-294 - Drinking water operating permits › Section 246-294-100 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstances is held invalid, the remainder of this chapter, or the
				  application of the provision to other persons or circumstances, shall not be
				  affected.
Statutory Authority: Chapter 70.119A RCW. 93-03-047 (Order
					 325), § 246-294-100, filed 1/14/93, effective
					 2/14/93.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-001 - Purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The purpose of
				these rules is to:
(a) Establish criteria for
				approving satellite system management agencies hereafter referred to as
				satellite management agencies (SMAs) pursuant to
				RCW
				70A.100.130;
(b) Delineate the process organizations
				and/or individuals must follow to be considered an approved SMA; and
(c) Outline procedures for coordination
				between water users, purveyors, SMAs, local government and the
				department.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-010 - Definitions

Current through Register Vol. 24-14, July 15, 2024
Abbreviations:
"IOU"
- Investor owned utility;
"SMA"
- Satellite management agency;
"UTC"
- Utilities and transportation commission;
				  and
"WSP"
- Water system plan.
"Certified operator"
means a person certified in
				  accordance with chapter 246-292 WAC.
"Contract"
means a written agreement between a
				  SMA and a public water system identifying the responsibilities of system
				  operation and management.
"Department"
means the Washington state
				  department of health.
"Investor owned utility"
means a corporation,
				  company, association, joint stock association, partnership and person, their
				  lessees, trustees or receivers appointed by any court whatsoever, owning,
				  controlling, operating or managing any public water system for hire.
"Public water system"
means any system,
				  excluding a system serving only one single-family residence and a system with
				  four or fewer connections all of which serve residences on the same farm,
				  providing piped water for human consumption, including any:
Collection, treatment, storage, or distribution facilities
				  under control of the purveyor and used primarily in connection with such
				  system; and
Collection or pretreatment storage facilities not under
				  control of the purveyor primarily used in connection with such system.
"Purveyor"
means an agency, subdivision of the
				  state, municipal corporation, firm, company, mutual or cooperative association,
				  institution, partnership, or person or other entity owning or operating a
				  public water system. Purveyor also means the authorized agents of such
				  entities.
"Satellite management agency (SMA)"
means an
				  individual, purveyor, or entity that is approved by the secretary to own or
				  operate more than one public water system on a regional or county-wide basis,
				  without the necessity for a physical connection between such systems.
"Satellite management and operation services"
means all day-to-day responsibilities of a water system. Management
				  responsibilities shall include planning and policy decision making. Operational
				  responsibilities shall include normal day-to-day operations, preventative
				  maintenance, water quality monitoring, troubleshooting, emergency response,
				  response to complaints, public/press contact, and recordkeeping.
"Secretary"
means the secretary of the
				  department of health or their designee.
"Service area"
means a specific area for which
				  satellite management and operation services may be provided by a SMA.
"Service area policies"
means pertinent policies
				  that impact the provision of water and water system growth.
Statutory Authority: RCW 70.116.134. 94-18-108, §
					 246-295-010, filed 9/6/94, effective
					 10/7/94.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-020 - Applicability

Current through Register Vol. 24-14, July 15, 2024
The rules of this chapter shall apply to SMAs and all
				  counties, and to public water system purveyors, individuals, or other entities
				  requesting SMA approval.
Statutory Authority: RCW 70.116.134. 94-18-108, §
					 246-295-020, filed 9/6/94, effective
					 10/7/94.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-030 - Potential satellite management agencies (SMAs)

Current through Register Vol. 24-14, July 15, 2024
(1) Pursuant to
				RCW
				70A.100.130(2), each county
				shall identify and submit a list of potential SMAs to the department by January
				1, 1995, for areas within the county:
(a)
				Which are not within a designated future service area of any utility pursuant
				to the Water System Coordination Act; or
(b) Where an existing purveyor has agreed or
				where a legal determination has been made that an existing purveyor is unable
				or unwilling to provide service.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-040 - SMA submittal and approval process

Current through Register Vol. 24-14, July 15, 2024
(1) An individual, purveyor or other entity
				seeking approval as a SMA, shall:
(a) Submit
				a notice of intent to become an approved SMA to the department on a form
				provided by the department;
(b)
				Participate in a "presubmittal conference" to discuss the SMA plan content,
				and, if applicable, the water system plan;
(c) Submit a SMA application and plan which
				shall include all information required under WAC
				246-295-050 or
				246-295-060 at the level of
				detail agreed upon at the presubmittal conference.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-050 - SMA plan content for ownership

Current through Register Vol. 24-14, July 15, 2024
The SMA plan shall address the following elements at a
				  minimum in a manner acceptable to the department. A department guideline titled
Satellite Management Planning Handbook
is available to assist
				  the potential SMA in adequately addressing these elements:
(1) SMA ownership, including at a minimum:
(a) A statement of intent to own public water
				systems;
(b) Current organizational
				structure of the SMA, legal authority, mailing address, responsible party, and
				contact person;
(c) Identification
				of existing public water systems the applicant currently owns, and/or manages
				and operates. The identification shall include the number of connections in
				each system, the department identification number and the system
				location.
(d) Documentation showing
				that at least one staff person has, at a minimum, three years of water utility
				ownership and/or management experience.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-060 - SMA plan content for management and operation only

Current through Register Vol. 24-14, July 15, 2024
The SMA plan shall address the following elements at a
				  minimum in a manner acceptable to the department. A department guideline titled
Satellite Management Planning Handbook
is available to assist
				  purveyors, individuals or other entities in adequately addressing these
				  elements:
(1) SMA ownership, including
				at a minimum:
(a) A statement of intent to
				manage and operate public water systems;
(b) Current organizational structure of SMA,
				legal authority, mailing address, responsible party, and contact
				person;
(c) Documentation showing
				that at least one staff person has, at a minimum, three years of water utility
				ownership and/or management experience; and
(d) Identification of existing public water
				systems the applicant currently operates. The identification must include the
				number of connections in each system, the department identification number and
				the system location.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-070 - Requests for water service

Current through Register Vol. 24-14, July 15, 2024
The county or city agency responsible for determining water
				  availability shall direct an individual or other entity proposing a new system
				  or requesting water service to contact one or more approved SMAs designated for
				  the service area where the new system is proposed. Such contact shall take
				  place prior to construction of a new public water system and shall be
				  documented in writing to the appropriate county or city.
Statutory Authority: RCW 70.116.134. 94-18-108, §
					 246-295-070, filed 9/6/94, effective
					 10/7/94.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-080 - Management and operations agreements

Current through Register Vol. 24-14, July 15, 2024
(1) An SMA providing satellite management and
				operation services only shall have a written agreement with each public water
				system being served, which shall, at a minimum, address the necessary
				requirements to comply with applicable regulations regarding management and
				operation of a public water system; and
(2) The SMA shall submit two copies of all
				new and renewed agreements to the department within thirty days of the
				effective date of the contract.
Statutory Authority: RCW 70.116.134. 94-18-108, §
					 246-295-080, filed 9/6/94, effective
					 10/7/94.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-090 - Periodic review

Current through Register Vol. 24-14, July 15, 2024
The SMA shall ensure that a SMA plan is submitted to the
				  department for review and approval every five years or more frequently as
				  required by the secretary. The secretary shall review each approved SMA for
				  compliance with the elements identified in WAC
				  246-295-050 and
				  246-295-060. The secretary may
				  request that additional information be submitted to assist in the evaluation of
				  the SMA.
Statutory Authority: RCW 70.116.134. 94-18-108, §
					 246-295-090, filed 9/6/94, effective
					 10/7/94.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-100 - SMA compliance

Current through Register Vol. 24-14, July 15, 2024
(1) A SMA:
(a) Shall comply with all statutes and
				regulations governing public water systems including but not limited to
				chapters 70A.100, 70A.120, and 70A.125 RCW and chapters 246-290, 246-291,
				246-292, 246-293 and 246-294 WAC and the requirements of this chapter;
				and
(b) Shall adhere to its SMA
				plan.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-110 - Special provisions

Current through Register Vol. 24-14, July 15, 2024
(1) SMAs
				willing to take ownership of systems which have not obtained their operating
				permit or are classified in the red operating permit category pursuant to
				chapter 246-294 WAC, may be allowed a "special provision" whereby they are
				given time to bring the system into regulatory compliance. This "special
				provision" is subject to an agreement among the SMA, the department and, if
				applicable, the public water system that documents how and within what time
				frame the SMA will bring the noncomplying system into compliance.
(2) Extensions to the time frame may be
				granted if agreed upon between the SMA and the secretary. If the agreed upon
				time frame passes and no extension has been granted, the system at issue shall
				remain out of compliance and the SMA shall be removed from the approved SMA
				list.
Statutory Authority: RCW 70.116.134. 94-18-108, §
					 246-295-110, filed 9/6/94, effective
					 10/7/94.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-120 - Fees

Current through Register Vol. 24-14, July 15, 2024
The secretary is authorized to assess reasonable fees to
				  process applications for initial approval and for periodic review of
				  SMAs.
Statutory Authority: RCW 70.116.134. 94-18-108, §
					 246-295-120, filed 9/6/94, effective
					 10/7/94.
Washington Administrative Code › Title 246 - Health, Department of › WATER SYSTEMS › Chapter 246-295 - Satellite system management agencies › Section 246-295-130 - Severability

Current through Register Vol. 24-14, July 15, 2024
If any provision of this chapter or its application to any
				  person or circumstance is held invalid, the remainder of the chapter, or the
				  application of the provision to other persons or circumstances, shall not be
				  affected.
Statutory Authority: RCW 70.116.134. 94-18-108, §
					 246-295-130, filed 9/6/94, effective
					 10/7/94.