18 AAC 34.080. Water supply and ice

(a) Water provided by a processing facility for drinking or ice making must comply with 18 AAC 80.

(b) In addition to complying with (a) of this section, a mobile processing facility that is not directly plumbed to a Class A public water system must sample water for coliform bacterial contamination before beginning operations and once every 30 days during the operational season, and must resample the water

(1) as required in 18 AAC 80.415, or as scheduled by the department to serve the interests of public health and consumer protection, after notification of a sample result that exceeds the maximum contaminant level for total coliform bacteria set out in 18 AAC 80.300(b) (5); or

(2) if a sample is invalidated as set out in 18 AAC 80.425.

(1) must be approved by the department, on the basis of whether public health and consumers are adequately protected;

(2) must be disinfected to maintain a measurable residual of free chlorine;

(3) may not exceed the maximum contaminant level for total coliform bacteria set out in 18 AAC 80.300(b) (5);

(4) must be tested for compliance with other maximum contaminant levels set out in 18 AAC 80.300, if the department determines that testing serves the interests of public health and consumer protection; and

(5) if from a water system other than a Class A public water system, must be sampled

(A) for coliform bacteria contamination before beginning operations and once every 30 days during the operational season, and must be resampled

(i) as required in 18 AAC 80.415, or as scheduled by the department to serve the interests of public health and consumer protection, after notification of a sample result that exceeds the maximum contaminant level for total coliform bacteria set out in 18 AAC 80.300(b) (5); however, resampling requires no more than two water samples; or

(ii) if a sample is invalidated as set out in 18 AAC 80.425; however, resampling requires no more than one water sample;

(B) for a contaminant listed in 18 AAC 80.300(b) at the applicable frequency set out in 18 AAC 80.310 - 18 AAC 80.335, if the department identifies a potential public health problem for inorganic or organic chemical contamination; as the department determines necessary to serve the interests of public health and consumer protection, the department will require more frequent sampling; and

(C) at a point near the end of the system and tested for disinfectant residual at least once each day during the operating season; a daily log of the disinfectant residuals must be kept as required by 18 AAC 34.920; processing water from a Class B public water system approved by the department under 18 AAC 80 is exempt from the requirements of this subparagraph.

(d) Water supplies used to deliver, chill, or hold live or unprocessed seafood must have a fecal coliform density of no more than 14 colony-forming units (CFU) per 100 ml. These water supplies are exempt from the disinfection requirement of (c) of this section if

(1) the water is used at a location that will not allow other seafood products, food ingredients, food-contact surfaces, or food packaging materials to be contaminated by the water; and

(2) before processing or packaging, the live or unprocessed seafood is rinsed with water that meets the requirements of (c) of this section.

(e) Water tests required to be conducted under this chapter must be performed by a laboratory certified under 18 AAC 80.1100 - 18 AAC 80.1110 for drinking water analysis in this state, or by a laboratory certified for drinking water analysis in Washington, Oregon, or another state to which samples can be transported and analyzed before they perish. Laboratory results of water analysis, including resampling results or notices indicating that samples were too long in transit, must be maintained at the facility as required by 18 AAC 34.920.

(f) In an area where there is a visible oily sheen on the water, or where oil can be seen on the beaches adjacent to the water, an operator of a fishing vessel or a tender vessel, or a processor, may not take on sea water for

(1) fluming, pumping, unloading, or chilling seafood;

(2) holding live seafood products; or

(3) cleanup purposes.

(g) Ice that comes into contact with seafood products must be

(1) made from water that meets the requirements of (c) of this section;

(2) manufactured by the processor in a sanitary manner unless the ice is obtained from an establishment permitted under 18 AAC 31 to manufacture ice; and

(3) stored, transported, and handled in a sanitary manner.

(h) This section does not apply to water used for fire protection, boilers, or similar uses.

(i) Repealed 12/2/99.

History: Eff. 12/18/97, Register 144; am/readopt 12/2/99, Register 152

Authority: AS 17.20.005

Editor's note: Effective 12/2/99, Register 152, the Department of Environmental Conservation readopted 18 AAC 34.080, to affirm the validity of that section following statutory amendments made in ch. 72, SLA 1998. The department repealed and readopted 18 AAC 34.080(a)-(c), amended (e) and (g)(1). The department also repealed 18 AAC 34.080(i), moving the definition of "Class A public water system" to the definitions section at 18 AAC 34.990. Chapter 72, SLA 1998 relocated department authority to adopt regulations in 18 AAC 34 from AS 03.05 to AS 17.20.

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