Section 22.04 - Construction, Operation and Maintenance of Public Water Systems(1)New or Substantially Modified Public Water Systems. Any Person proposing to construct a new Public Water System, operate a Public Water System or to substantially modify an existing Public Water System shall obtain the prior written approval of the Department, by at a minimum demonstrating to the Department's satisfaction that:(a) the drinking water source for the system meets the criteria in 310 CMR 22.20A, 22.20B, 22.20C, and 22.21, as applicable, and complies with the Department's Guidelines and Policies for Public Water System;(b) the storage, treatment and Distribution System and facilities including transmission lines for the system have been sited, designed, and constructed in compliance with 310 CMR 22.19, 22.20A, 22.22 and the Department's Guidelines and Policies for Public Water Systems;(c) the Supplier of Water has the technical, managerial and financial capacity to operate and maintain the Public Water System in compliance with 310 CMR 22.00, and each National Primary Drinking Water Regulation in effect at the time of the Department's determination of the system's capacity and in effect in the foreseeable future;(d) the Public Water System is in compliance with the Department's Guidelines and Policies for Public Water Systems, in effect at the time of the Department's determination of the system's capacity;(e) the Public Water System manager has attended a capacity training program approved by the Department or shall attend such a program if deemed necessary by the Department;(f) in the case of Transient Non-community Water Systems or any other Public Water System, if deemed necessary by the Department, a notice has been or shall be recorded on the deed of the property where a drinking water source serving such Public Water System is located, stating that such property contains a drinking water source subject to 310 CMR 22.00; and(g) the staffing of the Public Water System complies with 310 CMR 22.11B and any related policies established by the Department or the Board of Certification of Operators of Drinking Water Supply Facilities.(2) To the extent practicable, said Person shall avoid locating all or any part of a new or substantially modified facility at a site which: (a) is subject to a significant risk from earthquakes, floods, fires, or other disasters which could cause a breakdown of the Public Water System or a portion thereof;(b) except for intake structures, is within the floodplain of a 100-year flood or is lower than any recorded high tide where appropriate records exist; and can reasonably obtain service from an existing system (the Department shall consider proximity to existing systems and the economic feasibility of extending service).(3)Information Required for Department Approval. Persons seeking the Department's approval under 310 CMR 22.04(1), shall submit the following information: (a) all necessary plans, specifications, standard operating, maintenance procedures, and proposed staffing for the system, prepared by a Massachusetts registered professional engineer unless otherwise determined by the Department;(b) documentation, including but not limited to, a water system business plan, which demonstrates that the Public Water System complies with the capacity requirements in 310 CMR 22.04(1)(c); and(c) any additional information that the Department deems relevant to its review and approval.(4)Prohibition on Construction or Substantial Modification of a Public Water System Without Prior Department Approval.(a) No Person shall commence construction or otherwise implement or operate a proposed new Public Water System or make Substantial Modifications to an existing Public Water System unless the Department has issued its prior written approval and any other applicable Department permits.(b) No Person shall operate a Public Water System unless such operation is in accordance with the terms and conditions of all Department permits and approvals. No Person shall make changes to a permitted or approved Treatment Technique or remove a permitted or approved treatment device from service without prior notification to and approval by the Department unless the change or removal is in response to an Emergency. If the change or removal is in response to an Emergency, then the Public Water System must notify the Department within 24 hours of the change or removal.(c) After a Treatment Technique has been approved by the Department, the Supplier of Water shall install and maintain such Treatment Technique and implement any such approved procedures and practices in accordance with 310 CMR 22.00 and the terms and conditions of all applicable permits, approvals, and orders issued by the Department.(5)Existing Public Water Systems. The Department may require any existing Public Water System to demonstrate its compliance with 310 CMR 22.00, including but not limited to 310 CMR 22.04(1) and the Department's Guidelines and Policies for Public Water Systems, at the time of a Sanitary Survey conducted pursuant to 310 CMR 22.04(12) or as otherwise directed by the Department.(6) By no later than December 31, 2001, all Public Water Systems shall install meter(s) at location(s) sufficient to record each system's total production of water from all sources, including water purchased from and/or water sold to other Public Water Systems.(7) Each Supplier of Water shall operate and maintain its system in a manner that ensures the delivery of safe drinking water to consumers. In determining whether a Supplier of Water is properly operating and maintaining a Public Water System, the Department will apply the standards for Public Water Systems set forth in the Drinking Water Program's Guidelines and Policies for Public Water Systems.(8)New Product or Technology. (a) No Supplier of Water shall add, install or use any chemicals, drinking water additives, or treatment devices or equipment that come into direct contact with drinking water, unless such devices or equipment have received the prior written approval of the Department.(b) To obtain the Department's approval of a new product (e.g., additives, coatings), a manufacturer shall demonstrate that the product: 1. conforms to the applicable American National Standards Institute (ANSI) and the National Sanitation Foundation (NSF) Standard 60 or 61; or Underwriter Laboratory (UL) standards or the performance of the technology has been verified by the Environmental Protection Agency's (EPA's) Environmental Technology Verification Program (ETV);2. was approved by the EPA prior to April 1990 and conforms to the standards of the American Water Works Association (AWWA); and3. is capable of producing finished water that meets all federal and state Maximum Contaminant Levels and drinking water standards for the intended and approved technology use.(c) To obtain the Department's approval of a major new technology system, a manufacturer shall demonstrate that:1. The major technology has been approved and used successfully in the United States for at least five years. In addition, such major new technology must have been approved and used successfully in three states for at least two years. One of the three states must either be a New England state or New York state or another state determined by the Department to have similar environmental conditions, and the other two states must be primacy states.2. If a technology does not meet the requirements of 310 CMR 22.04(8)(c)1., then the technology must be piloted in Massachusetts in accordance to 310 CMR 22.04(9).3. The Department will consider for approval technologies that have received prior approval from third party organizations such as UL, ANSI/NSF, or AWWA. Additionally, the Department will consider for approval technologies with published ETV performance verification reports.(d) If the technology is a vending machine, then National Automatic Merchandizing Association (NAMA) certification shall be required to obtain the Department's approval.(e) If the technology is a POU/POE device it shall conform to the requirements of 310 CMR 22.23.(f) Persons seeking to have a product or technology listed are directed to follow the procedures set forth in the Drinking Water Program's policy entitled: New Product or Technology Review Policy DWP Policy No. 89-01, a copy of which is available from the Drinking Water Program. The Department may revoke its approval of a product or technology if it determines that the product or technology is defective or performs inadequately in the field.(g) For products, if the drinking water chemicals or coatings have NSF certification, a NSF certification shall also be required of the original producer of the product. Repackers of chemicals are not required to be formally certified, but shall self-certify to the Department that the cleanliness of their procedures and purity of the resultant product is equivalent to the standards applicable to the original manufacturer. Any local reformulation of chemical requires certification in accordance with NSF 60.(h) Any public or private entity providing the testing and certification described in 310 CMR 22.04(6)(b) for other parties shall be certified by the American National Standards Institute (ANSI).(9)Pilot Requirements. The Department may require Persons seeking approval of a Disinfection or Filtration treatment system or process for use in a Public Water System to perform a pilot study to determine whether the proposed system or process will perform adequately in the field. Persons required to perform such a study should follow the procedures set forth in the Division's policy entitled Pilot Study Requirements for Proposed Surface Water Treatment/Filtration Plants, DWS Policy No. 90-04, a copy of which is available from the Drinking Water Program.(10)Treatment Techniques for Acrylamide and Epichlorohydrin. Each Supplier of Water using acrylamide or epichlorohydrin in a Public Water System shall certify annually in writing to the Department (using third party or manufacturer's certification) that the combination (or product) of dose and monomer level does not exceed the levels specified as follows: Acrylamide = 0.05% dosed at 1 ppm (or equivalent)
Epichlorohydrin = 0.01% dosed at 20 ppm (or equivalent)
Such certifications shall be made by the manufacturers or third parties, as approved by the Department.
(11) Any application of a herbicide to any surface water body that serves as a source of water for a Public Water System shall comply with 310 CMR 22.20B(8).(12)Sanitary Surveys. The Department or its agent may conduct Sanitary Surveys of Public Water Systems to evaluate each system's source, facilities, equipment, operation, monitoring schedule, technical, managerial and financial capacity, and maintenance procedures at a frequency determined by the Department.(a) If any violation or deficiency of 310 CMR 22.00, M.G.L. c. 111, § 160 or any other statute or regulation administered by the Department is identified during a Sanitary Survey, including without limitation any violations or deficiencies related to system capacity, the Public Water System shall be notified of the violation, the action necessary to comply with the statute or regulations, and the time period within which compliance must be attained. The Public Water System shall respond to any violations or deficiencies identified in the Sanitary Survey report within 30 days of receipt of such, unless the Department otherwise requires certain corrective action. The Department shall also include capacity recommendations for whole system improvements in its report.(b) The owner of a Transient Non-community Water Systems (TNC) shall be responsible for conducting or having a Sanitary Survey conducted by June 29, 1999 to evaluate the system's source, facilities, equipment, operation, monitoring schedule and maintenance plan. Thereafter, TNC systems shall undergo another Sanitary Survey every five years unless otherwise required by the Department. The survey information shall be submitted to the Department on a form or in a format provided by the Department for such use no later than 90 days after the completion of the survey or as specified by the Department. The Department will review the results of each Sanitary Survey to determine whether the existing monitoring frequency is adequate and whether additional measures are necessary, to improve drinking water quality. In conducting the survey the Public Water System shall be subject to 310 CMR 22.04(1)(a), except that the Department may conduct a survey of the TNC system at any time to determine compliance with 310 CMR 22.00.(c) If a Significant Deficiency is identified by the Department or its agent during a Sanitary Survey at a groundwater Public Water System conducted to comply with 310 CMR 22.26(2),the system must comply with the requirements of 310 CMR 22.26(4)(a). Unless the Department requires the groundwater system to implement corrective action, the groundwater system shall consult with the Department in accordance with the schedule listed under 310 CMR 22.26(4)(a)4. and 5.(13)Emergencies. (a) Each Supplier of Water must prepare and keep in an easily accessible location an Emergency Response Plan prepared in accordance with 310 CMR 22.04(13) and Massachusetts Drinking Water Guidelines and Policies for Public Water Supplies, Chapter 12 - Emergency Response Planning Requirements Guidance including Appendix O - Handbook for Water Supply Emergencies. The Emergency Response Plan shall be designed to ensure that the water supplier is able to respond effectively to potential and actual Emergencies. The Emergency Response Plan shall include detailed steps that the water supplier shall implement to ensure the continuation of service in the event of a potential or actual Emergency, including but not limited to:1. Loss of water supply from a source;2. Loss of water supply due to major component failure;3. Damage to power supply equipment or loss of power;4. Contamination of water in the Distribution System from backflow or other causes;5. Collapse of a reservoir, reservoir roof, or pump house structure;6. Break in a transmission or distribution line that could result in a loss of service to customers for more than four hours;7. Potential or imminent threat of chemical or microbiological contamination of the water supply over limits specified by 310 CMR 22.00, including without limitation, any standards specific to an individual Public Water System established pursuant to a health assessment as provided in 310 CMR 22.03(8);8. Potential or imminent threat of an overfeed of an approved drinking water treatment chemical into the system;9. An act of vandalism or sabotage that has the potential to impact or impacts water quality or the quantity of water available to the system.10. A shortage or lack of resources that could affect the operations of the system, such as:b. Receipt of notice from a power utility of lengthy power outages; orc. Imminent depletion of treatment chemical inventory; and11. Any other failure of part or all of the water supply system due to equipment failure, human acts (deliberate or accidental) or natural or human made disasters.(b) The Emergency Response Plan required by 310 CMR 22.04(13) shall include, at a minimum, a description of the procedures, structures and equipment used to respond to potential or actual Emergencies, including but not limited to:1. Identification of alternate sources of water supply for use during an Emergency and procedures for bringing such sources On-line;2. Procedures for notifying the Department and other regulatory agencies, the news media, and consumers of the Emergency and the actions, if any, consumers should take during the Emergency, including the use of personal protective equipment, if necessary, and water-use guidelines or restrictions;3. Procedures for communication, including a clear outline of the lines communication among system personnel and between the water supplier and local, state and federal officials and the public;4. Procedures for testing and maintaining all facility communications and alarm systems as necessary to ensure their proper operation;5. Procedures for disinfecting and testing the Distribution System after an Emergency in order to return it to service;6. Identification of critical system components that must remain in service or be returned to service quickly;7. An inventory of equipment needs and availability, including the location of existing Emergency equipment, generators and spill response materials, identification of additional Emergency equipment needs, and procedures for obtaining additional services and equipment, including critical spare parts;8. Procedures for implementing any interconnections with other Public Water Systems and any other arrangements in effect with neighboring communities or other public water suppliers;9. A description of the duties and responsibilities of key personnel who will be involved in Emergency response actions, and a procedure for contacting and scheduling staff;10. A plan for annually training staff and local partners in Emergency response procedures to ensure that they are familiar with the all Emergency procedures, equipment and systems; and11. Any other matter identified by the Department in Massachusetts Drinking Water Guidelines and Policies for Public Water Supplies, Chapter 12 - Emergency Response Planning Requirements including Appendix O - Handbook for Water Supply Emergencies.(c) Each water supplier must implement the Emergency Response Plan established in accordance with 310 CMR 22.04(13)(a) and (b), including without limitation the provisions for annual training of staff and local partners in the implementation of such plan in the event of a potential or actual Emergency.(14)Chemical Safety Control for Critical Chemical Feed Systems. (a) Any Chemical Feed System which uses any of the chemicals listed in 310 CMR 22.04(14)(a)1. through 5. shall be subject to critical Chemical Feed System requirements as set forth in 310 CMR 22.04(14)(b).1. Gaseous or liquid chlorine;3. Hydrofluorosilicic acid;(b)Critical Chemical Feed System Requirements. All Chemical Feed Systems subject to 310 CMR 22.04(14)(b) shall be equipped with control systems and alarm systems, consisting at a minimum and meeting at a minimum the following: 1.Analyzer Requirements.a. Each water pump or group of pumps discharging treated water into a Distribution System shall be monitored with a chemical analyzer for each critical chemical injected into the water system by a chemical metering pump.b. A Supplier of Water that demonstrates to the Department's satisfaction that an overfeed or underfeed would not lead to an unsafe or impure drinking water supply shall be exempt from the requirement of 310 CMR 22.04(14)(b)1.a.2.Interlock Requirements.a. The pump motor controller(s) of the pump that paces the chemical injection, chemical metering pump(s), and chemical analyzer(s) shall be interlocked so that no chemical is injected if the pump is not running;b. A flow meter or thermal type flow switch shall be installed and interlocked such that when no flow is detected, the chemical feed pumps shall not operate;c. Each water pump and associated metering pump(s) shall automatically shut down, and the alarm system shall immediately send an alarm to a properly Certified Operator, if the analyzer for the critical chemical injected into the water system detects a parameter that is out of the range set in the analyzer; andd. A facility that is staffed 24 hours a day, seven days a week, 365 days a year shall not be required to have an automatic shut down, nor shall any of its Satellite Facilities, but a properly Certified Operator shall be available to take proper action in the event of an overfeed or underfeed.3. Powering of all metering pumps shall be configured to prevent overriding of the safety shut down systems.4. Controls, instrumentation, alarms, and data logging system requirements. In every Public Water System, controls, instrumentation, alarms, and data logging systems shall be:a. installed in order to insure a reliable and safe system;b. calibrated in accordance with the manufacturer's recommendations; and5. The Supplier of Water shall maintain logs recording all test results for a rolling period of five years from the date of each set of tests. The Supplier of Water shall make the logs available for review by the Department during inspections or upon request.6. The Supplier of Water shall establish written protocols for testing critical alarms, which protocols shall be periodically reviewed and updated as appropriate.(15)Lead Reduction Act.(a) Except as provided in 310 CMR 22.04(15)(b), no Person shall use any pipe, pipe fitting, plumbing fitting or fixture, any solder, or any flux; that is not Lead-free; in the installation or repair of any Public Water System or any plumbing in a residential or nonresidential facility providing water for human consumption.(b) The prohibition set forth in 310 CMR 22.04(15)(a) shall not apply to the following: 1. pipes, pipe fittings, plumbing fittings or fixtures; including backflow preventers; that are used exclusively for nonpotable services such as manufacturing, industrial processing, irrigation, outdoor watering, or any other uses where the water is not anticipated to be used for human consumption; or2. service saddles, or water distribution main gate valves that are two inches in diameter or larger; or(c) All products required to be lead free shall be certified as being in compliance with NSF/ANSI 372 or Annex G of NSF/ANSI 61. Certification shall be made by an independent agency in accordance with the preceding standards. Self-certification by the manufacturer will not be accepted.Amended by Mass Register Issue 1309, eff. 3/25/2016.