Title 18 . Environmental Conservation

Chapter 80 . Administrative Enforcement

Section 365. Bottled water, point-of-use treatment devices, and point-of-entry treatment devices

18 AAC 80.365. Bottled water, point-of-use treatment devices, and point-of-entry treatment devices

(a) The use of bottled water or point-of-use treatment devices to achieve compliance with an MCL in 18 AAC 80.300(b) (1) and (2)(A), (B), and (D) or with the requirements for lead and copper in 40 C.F.R. 141.81 - 141.84, adopted by reference in 18 AAC 80.010(a) is prohibited, except

(1) on a temporary basis to avoid an unreasonable risk to health; or

(2) if required by the department under (b) of this section.

(b) As necessary to serve the interests of public health, the department will require the owner or operator of a Class A public water system to use

(1) bottled water, point-of-use treatment devices, or point-of-entry treatment devices as a condition of granting a variance under 18 AAC 80.370, a variance under 18 AAC 80.371, or an exemption under 18 AAC 80.375, from the requirements of 18 AAC 80.300(b) (1) and (2)(A), (B), and (D); or

(2) bottled water or point-of-use treatment devices as a condition of granting an exemption under 18 AAC 80.375 from the requirements of 40 C.F.R. 141.81 - 141.84, adopted by reference in 18 AAC 80.010(a) .

(c) The owner or operator of a Class A public water system that uses bottled water or point-of-use treatment devices as a condition of obtaining a variance under 18 AAC 80.370 or 18 AAC 80.371 shall

(1) use best available technology; and

(2) maintain the microbiological safety of the water at all times.

(d) The owner or operator of a Class A public water system that uses bottled water as a condition of obtaining a variance under 18 AAC 80.370, a variance under 18 AAC 80.371, or an exemption under 18 AAC 80.375 from the requirements of 18 AAC 80.300(b) (1) and (2)(A), (B), and (D), or an exemption under 18 AAC 80.375 from the requirements of 40 C.F.R. 141.81 - 141.84, adopted by reference in 18 AAC 80.010(a) , shall supply each customer with sufficient amounts of bottled water that complies with 18 AAC 31.740, via door-to-door bottled water delivery. If a customer believes the amount of bottled water supplied to be insufficient, the department will determine the sufficiency of the amount supplied, based on whether the amount serves the interests of public health. In addition, the owner or operator shall

(1) develop and implement an approved monitoring program that provides reasonable assurance that the bottled water meets each MCL; the owner or operator shall monitor a representative sample of the bottled water for each contaminant listed in 18 AAC 80.300(b) (1) and (2)(A), (B), and (D), and 18 AAC 80.345 for the first quarter during which bottled water is supplied to the public, and annually thereafter; or

(2) provide proof that the bottled water company from which the water is obtained has a department permit under 18 AAC 31.020, has an equivalent permit from another state, or otherwise meets the requirements of 21 C.F.R. 129, adopted by reference in 18 AAC 80.010(a) .

(e) The owner or operator of a Class A public water system shall provide

(1) the results of a monitoring program conducted under (d)(1) of this section to the department annually; or

(2) the proof required by (d)(2) of this section to the department the first quarter after supplying bottled water and annually thereafter.

(f) Before installing a point-of-use treatment device, the owner or operator of a Class A public water system must obtain department approval of a monitoring plan that ensures that the device provides health protection equivalent to that provided by central water treatment designed to treat the contaminant of interest. For purposes of this subsection, a device provides equivalent health protection if the water would meet all MCL's listed in 18 AAC 80.300(b) and would be of acceptable quality, similar to water distributed by a properly operated and maintained central water treatment works. Before issuing approval under this subsection, the department will

(1) determine that buildings connected to the system have sufficient point-of-use treatment devices that are properly installed, maintained, and monitored so that each consumer is protected; and

(2) certify the performance of the point-of-use treatment device after performing field testing and a sealed engineering design review of the point-of-use treatment device.

(g) In addition to the other requirements of this section, the owner or operator of a Class A public water system that uses point-of-use treatment devices as a condition for obtaining a variance under 18 AAC 80.370, a variance under 18 AAC 80.371, or an exemption under 18 AAC 80.375 from the MCLs listed in 18 AAC 80.300(b) (1) and (2)(A), (B), and (D) must

(1) operate and maintain the point-of-use treatment devices; and

(2) ensure that the design and application of a point-of-use treatment device addresses the potential for increasing concentrations of heterotrophic bacteria in water treated with activated carbon; the department will require the use of frequent backwashing, post-contactor disinfection, and heterotrophic plate count monitoring to ensure that the microbiological safety of the water is not compromised, if the department determines that those requirements serve the interests of public health.

History: Eff. 10/1/99, Register 151; am 1/11/2004, Register 169; am 1/11/2006, Register 177

Authority: AS 46.03.020

AS 46.03.050

AS 46.03.070

AS 46.03.710

AS 46.03.720

Editor's note: For guidance regarding best available technology, as described in 18 AAC 80.365(c) (1), see the Alaska Water Treatment Guidance Manual , referenced at 18 AAC 80.010(d) .