18 AAC 80.207. Capacity

(a) The department will not issue an approval to construct a new Class A public water system under 18 AAC 80.210 unless the department determines, based on the information provided under (b) - (d) of this section that the Class A public water system has the managerial, financial, and technical capacity to operate in compliance with 40 C.F.R. 141 and this chapter.

(b) The department will base a determination of technical capacity upon the capability of the public water system to consistently produce and deliver water in compliance with this chapter. To assess that capability, the department will examine the physical infrastructure of the system, including the adequacy of the source water, infrastructure adequacy in terms of treatment, storage, and distribution, and the ability of system personnel to adequately operate and maintain the system and otherwise implement technical knowledge. The engineering plans for a new Class A public water system must include documentation showing the system's technical capacity, including

(1) a written plan sealed by a registered engineer for the operation and maintenance of all components of the proposed system;

(2) the information required under 18 AAC 80.205; and

(3) other information that the department considers necessary to assess the technical capacity of the proposed system.

(c) The department will base a determination of financial capacity upon the capability of the owner or operator of a new Class A public water system to provide the financial resources necessary for the consistent production and delivery of water in compliance with this chapter. To assess that capability, the department will examine the owner or operator's revenue sufficiency, credit worthiness, and fiscal controls. The owner or operator of a new Class A public water system shall provide

(1) for a proposed public water system that is a public utility and is not exempt from AS 42.05 under AS 42.05.711 or AS 42.05.712 ,

(A) a copy of the application for the certificate of public convenience and necessity that has been submitted to the Regulatory Commission of Alaska; and

(B) written verification from the Regulatory Commission of Alaska that an application for a certificate of public convenience and necessity has been submitted;

(2) for a proposed public water system that is a public utility but is exempt from AS 42.05 under AS 42.05.711 or AS 42.05.712 , including a municipality-owned system, a completed application on a form provided by the department, describing the owner or operator's revenue sufficiency, credit worthiness, and fiscal controls;

(3) for a proposed public water system that is not a public utility

(A) a proposed financial plan and annual budget showing estimated system income and operation costs; and

(B) a completed financial capability assessment, on a form provided by the department and as described in 18 AAC 76.225(b) (7), or on the forms used by the Department of Commerce, Community, and Economic Development to assist communities in dealing with sanitation utility issues;

(4) other information that the owner or operator believes will demonstrate financial capacity; and

(5) other information that the department considers necessary to assess the financial capacity of the proposed public water system.

(d) The department will base a determination of managerial capacity upon the capability of the owner or operator of a new Class A public water system to provide the management structure necessary for the consistent production and delivery of water in compliance with this chapter. To assess that capability, the department will examine the owner or operator's ownership accountability, staffing, organization, and means of communication with customers, professional service providers, the department, and other regulatory agencies. The owner or operator of a new Class A public water system shall provide

(1) for a proposed public water system that is a public utility and is not exempt from AS 42.05 under AS 42.05.711 or AS 42.05.712 ,

(A) a copy of the application for the certificate of public convenience and necessity that has been submitted to the Regulatory Commission of Alaska; and

(B) written verification from the Regulatory Commission of Alaska that an application for a certificate of public convenience and necessity has been submitted;

(2) for a proposed public water system that is a public utility but is exempted from AS 42.05 under AS 42.05.711 or AS 42.05.712 , including a municipally-owned system, a completed application on a form provided by the department, describing the owner or operator's ownership accountability, staffing, organization, and means of communication with customers;

(3) for a proposed public water system that is not a public utility

(A) documentation showing ownership and plans, if any, for transfer of that ownership on completion of construction or after a period of operation;

(B) a description of the management structure of the proposed system, including the duties of each position; in providing this information, the owner or operator may include by-laws, ordinances, articles of incorporation, or procedures and policy manuals that describe the management organization structure;

(C) a description of the proposed staffing, including training, experience, certification or licensing, and continuing education completed by the proposed system staff; and

(D) an explanation of how the proposed system will establish and maintain effective communications and relationships between the public water system management, its customers, professional service providers, and regulatory agencies;

(4) a written contingency plan showing that the owner is able to provide water in compliance with this chapter to each customer within 24 hours after an event that has the potential to cause

(A) contamination of the water system above applicable MCLs as described in 18 AAC 80.300; or

(B) a lack of water pressure or supply;

(5) the name, address, telephone number, and facsimile number of each individual operator and verification that each individual operator is certified under 18 AAC 74, if required;

(6) other information that the owner or operator believes will demonstrate managerial capacity; and

(7) other information that the department considers necessary to assess the managerial capacity of the proposed public water system.

History: Eff. 10/1/99, Register 151

Authority: AS 46.03.020

Editor's note: As of Register 171 (October 2004), the regulations attorney made technical revisions under AS\n 44.62.125(b)(6) to reflect the name change of the Department of Community and Economic Development to the Department of Commerce, Community, and Economic Development made by ch. 47, SLA 2004 and the corresponding title change of the commissioner of community and economic development.

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