Arkansas Administrative Code

20 CAR § 140-101. Purpose. This part is adopted for the purpose of ensuring that all persons in the State of Arkansas receiving water from a public water system are provided with ample quantities of safe, palatable water which is in full compliance with the National Primary Drink…

20 CAR § 140-102. Definitions. For the purpose of this part, the following terms are defined: (1) “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water; (2) “Cross-connection” means a physical connection between a public water supply…

20 CAR § 140-103. Applicability. (a) This part applies to all public water systems in the State of Arkansas, if such system has at least fifteen (15) service connections or regularly serves an average of at least twenty-five (25) individuals daily at least sixty (60) days out of …

20 CAR § 140-104. Water quality. (a) Drinking water standards. (1) The quality of the water made available must conform to the National Primary Drinking Water Regulations, 40 C.F.R. pts. 141 – 143. (2) The Department of Health may require the quality of the water to conform to th…

20 CAR § 140-105. Alternations or changes required. (a) Authority to issue orders. The Department of Health may, in order to protect the public health and to ensure compliance with this part and other applicable rules or regulations, issue orders to public water systems requiring…

20 CAR § 140-106. Operation. (a)(1) Every owner must: (A) Operate the water supply, including water treatment plant and distribution system, so as to meet the standards set forth in the National Primary Drinking Water Regulations, 40 C.F.R. pts. 141 – 143; and (B) Take every reas…

20 CAR § 140-107. Ground water supplies. (a) Location. (1) Surface drainage. Every well must be located: (A) On a site having good surface drainage, at a higher elevation than, and at a safe distance from, any barnyard, privy, soil pipe, any pipe through which sewage may back up …

20 CAR § 140-108. Surface water supplies. (a) Raw water quality. (1) The water at the intake, based on the monthly arithmetical average number of coliform organisms, shall not exceed five thousand (5,000) per one hundred milliliters (100 ml) in any month, nor exceed this number i…

20 CAR § 140-109. Water treatment plants. (a) Location. (1) Plants shall be located on sites: (A) Having good drainage; and (B) Not subject to flooding. (2) They shall also be located so that no conduit, basin, or other structure containing or conducting water in the process of t…

20 CAR § 140-110. Potable water storage tanks. (a) Location. (1) Potable water storage tanks shall be located above ground water level unless otherwise approved in writing by the Department of Health. (2) The location must be such that surface water and underground drainage will …

20 CAR § 140-111. Disinfection required. (a) Disinfection of all public water supplies by a method approved by the Department of Health must be provided. (b) Disinfection must include adequate contact holding time prior to pumping into the distribution and storage system. (c) An …

20 CAR § 140-112. Booster pump stations. (a) Booster pump stations shall be located on sites having good surface drainage and not subject to flooding. (b) When the pump suction lines are connected to the distribution system, they must be automatically controlled so as not to redu…

20 CAR § 140-113. Distribution system. (a) All public water supply distribution systems shall be tested and constructed using materials and construction methods in accordance with the latest edition of the applicable AWWA standards and approved by the Department of Health. (b) Sa…

20 CAR § 140-114. Return of cooling water. The return of heating or cooling water to a potable water storage reservoir or distribution system is prohibited.

20 CAR § 140-115. Cross connections. (a) Any physical connection is prohibited whereby a public water system whether community or noncommunity, is connected to an unsafe or questionable water supply system either inside or outside of any building or buildings. (b) Prohibited serv…

20 CAR § 140-116. Notification. (a) Notification of the Department of Health. (1)(A) The owner shall report to the department within the forty-eight-hour time limit prescribed by the department the failure to comply with any primary drinking water regulation including failure to …

20 CAR § 140-117. Approved laboratories. (a) The public health laboratory of the Department of Health shall conduct analyses for the purpose of determining compliance with the National Primary Drinking Water Regulations, 40 C.F.R. pts. 141 – 143. (b) Routine examinations on a dai…

20 CAR § 140-118. Variances and exemptions. (a) A review of chemical and physical analyses for public water systems in the State of Arkansas indicates that a program of variances and exemptions is not needed by the state. (b) If the need arises, the Department of Health is author…

20 CAR § 140-119. Preliminary reports. (a)(1) Before detailed plans and specifications are prepared for the construction of new public water systems or major improvements to existing public water systems are prepared, the owner or his or her authorized agent shall submit to the D…

20 CAR § 140-120. Submission of plans and specifications. (a) Submission of plans. (1) The owner or his or her authorized agent shall submit two (2) complete sets of engineering plans and specifications to, and receive written approval of, the Department of Health, before constru…

20 CAR § 140-121. Engineers report. (a) Design data. A report, written by the designing or consulting engineer, shall: (1) Be presented with all engineering plans; and (2) Give all data upon which the design is based, or which is required for the complete understanding of the eng…

20 CAR § 140-122. Right of access. (a) The owners of public water systems shall permit reasonable access to personnel of the Department of Health for the purpose of inspection of facilities and records, or collection of samples. (b) Access shall be permitted whether or not there …

20 CAR § 140-123. Administrative penalty. The Department of Health shall have the authority to assess administrative penalties against any public water system and/or its authorized agent for failure to comply with any portion of this part, provided that such penalties and procedu…

20 CAR § 140-124. Annual fees. The annual fees for public water systems provided for in the Public Water System Service Act, Arkansas Code § 20-28-101 et seq. are established at forty cents ($0.40) per service connection per month for community and nontransient noncommunity water…

20 CAR § 140-125. Severability. If any provision of this part, or the application thereof to any person or circumstances is held invalid, such provisions or applications of this part which can give effect without the invalid provisions or applications, and to this end the provisi…

20 CAR § 140-126. Repeal. All rules and parts of rules in conflict herewith are hereby repealed.

20 CAR § 141-101. Purpose. This part is adopted for the purpose of ensuring that all persons in the State of Arkansas receiving water from a semi-public water supply are provided with ample quantities of safe, potable water.

20 CAR § 141-102. Definition. (a)(1) A “semi-public water supply” shall, for the purpose of this part, be defined as any water supply used or made available to the public for drinking or in connection with the manufacturing, processing, or handling of ice, food, or drink. (2) Thi…

20 CAR § 141-103. Responsibility. Any person, firm, corporation, school, organization, or governmental agency owning or operating a semi-public water supply shall: (1) Be held responsible for the compliance with this part; and (2) Submit to the Department of Health: (A) At least …

20 CAR § 141-104. Quality. The quality of water made available must conform to the chemical and bacteriological drinking water standards as established by the Department of Health for appropriate public water systems.

20 CAR § 141-105. Ground water supplies. (a) Location. (1) Every ground water supply such as a well or infiltration system and appurtenances thereto must be located: (A) On a site having good surface drainage, at a higher elevation than, and at a safe distance from any barnyard, …

20 CAR § 141-106. Abandonment of wells. Abandoned wells must be completely filled with clean, selected materials to protect the water­bearing formations against possible contamination and comply with the latest Commission on Water Well Construction Rules, 17 CAR pt. 15, in regard…

20 CAR § 141-107. Surface water supplies. (a) Surface water supplies shall have continuous disinfection and filtration sufficient to remove giardia and crytosporidium organisms, or additional treatment as deemed appropriate by the Department of Health. (b)(1) Springs must be prop…

20 CAR § 141-108. Storage and distribution. (a) Storage tanks. (1) All storage tanks must be completely covered and so constructed as to prevent the possibility of contamination of the water. (2) They must be constructed of durable material and maintained in good repair. (3) They…

20 CAR § 141-109. Disinfection. (a)(1) Wells, pumps, and storage tanks, when installed or repaired, and pipe systems or extensions, must be effectively disinfected prior to being placed in service. (2) Prior to disinfection, all dirt and foreign material must be removed and thoro…

20 CAR § 141-110. Plan review. (a) Plans and specifications. (1) The owner or authorized agent of a semi-public water system shall submit two (2) complete sets of engineering plans and specifications to, and receive written approval of, the Department of Health, before constructi…

20 CAR § 141-111. Penalties. (a) Every firm, person, association, or corporation violating any of the provisions of Act 1913, No. 96, as amended, or any of the orders or rules made and promulgated in pursuance hereof, shall be deemed guilty of a misdemeanor and upon conviction th…

20 CAR § 141-112. Severability. If any provision of this part, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions hereto are declared severable.

20 CAR § 141-113. Repeal. All rules and parts of rules in conflict herewith are hereby repealed.

20 CAR § 171-101. Purpose and statement of policy. (a) The Board of Health hereby finds and declares that a uniform rule is needed to govern the production, processing, labeling, and distribution of Grade "A" milk and milk products within the State of Arkansas. (b)(1) This part r…

20 CAR § 171-102. Definitions. (a)(1) The following definitions shall apply in all interpretations and the enforcement of this part. (2) In all cases where interpretation or meaning of a definition is needed, the current Pasteurized Milk Ordinance of the United States Public Heal…

20 CAR § 172-101. Definitions. As used in this part: (1) “Breast milk donor” means a lactating woman who voluntarily contributes milk to a human breast milk bank; (2) “Breast milk processing centers” means for-profit entities that: (A) Collect human breast milk; and (B) Produce h…

20 CAR § 172-102. Administrative structure. (a) The breast milk bank operations are overseen by qualified nursing, medical, or other breast milk bank personnel with education and training critical to the provision of safe donor human breast milk. (b)(1) Donor breast milk banks sh…

20 CAR § 172-103. Donor qualifications/screening. (a) Donor qualifications: (1) Are based on best practices and clinical data; and (2) Must be updated continuously to reflect emerging diseases and new pharmaceutical agents. (b) Screening: (1) Must include in-person or on-the-phon…

20 CAR § 172-104. Drugs or classes that require longer waiting periods. Certain drugs or classes require longer waiting periods: (1) Radiopharmaceuticals, e.g., radioiodine, two (2) months; and (2) Live-virus vaccines, two (2) months: (A)(i) Measles, mumps, rubella, varicella (MM…

20 CAR § 172-105. Disqualification criteria — Temporary deferral and/or total exclusion. Note. Potential donors may be temporarily deferred or totally excluded based on the following clinical issues unique to human breast milk and infants, and on current AABB, Centers for Disease…

20 CAR § 72-106. Serological tests. (a) A certified laboratory is to conduct screening blood tests (HIV-1 and HIV-2, HTLV-1 and HTLV-2, Hepatitis C, Hepatitis B, and syphilis) within six (6) months prior to a woman's becoming a donor. (b)(1) The prenatal care or postpartum care p…

20 CAR § 172-107. Donor approval. (a)(1) Each breast milk bank defines who is designated to: (A) Approve or defer donors, based on their credentials, education, and training; and (B) Verify that: (i) The screening process is complete; and (ii) Breast milk is appropriate for proce…

20 CAR § 172-108. Public health or medical crisis. (a) In the case of a medical or public health crisis, each breast milk bank is responsible for having a disaster plan covering emergencies affecting its individual breast milk bank. (b) These plans should include: (1) How to prot…

20 CAR § 172-109. Donor education and procedures. (a) To ensure the highest level of safety and quality of donated breast milk, breast milk donors are instructed on the appropriate methods for clean expression, handling, storage, and transportation of human breast milk. (b) Donor…