Washington Administrative Code

The purpose of this chapter is to provide a process for resolving service area conflicts which arise from implementation of the Public Water System Coordination Act, chapter 70A.100 RCW, and its procedural regulations, chapter 248-56 WAC.[Statutory Authority: RCW 43.70.040 and 20…

(1) If no service area boundary agreement has been established after a conscientious effort by existing water purveyors within one year of establishment of external critical water supply service area boundaries, or if the legislative authority or authorities have filed written ob…

(1) The public hearing may be continued from time to time if good cause can be shown for such a continuance.(2) After conclusion of the hearing, the water supply and waste section of DSHS may decide to take no action or restrict any or all purveyors from carrying out improvements…

This chapter is promulgated pursuant to the authority granted in the Public Water System Coordination Act of 1977, chapter 70A.100 RCW, for the purpose of establishing minimum performance standards related to fire protection, including provisions for their application and enforce…

These standards and regulations shall apply to the following new and expanding public water systems:(1) Those having more than 1,000 services. (See WAC 248-54-580.)(2) Those with less than 1,000 services located within the boundaries of a critical water supply service area and su…

(1) "Public water system" - Any system or water supply intended or used for human consumption or other domestic uses including, but not limited to, source, treatment, storage, transmission and distribution facilities where water is furnished to any community, number of individual…

(1) The department shall administer these regulations through its ongoing review and approval of water system plans and engineering reports as provided for in WAC 248-54-580, 248-54-590, and 248-56-810.(2) In the event that plans and specifications for water system improvements a…

(1) Water system plans prepared by those public water systems identified in WAC 248-57-200 shall include a section in their plans addressing fire flow, hydrant and system reliability standards in accordance with WAC 248-57-500, 248-57-600, and 248-57-700 respectively. The section…

(1) City, town, or county legislative authority shall set minimum fire flows where local standards are adopted under WAC 248-57-900.(2) Where local standards are not adopted under WAC 248-57-900, Table 1 shall identify minimum fire flows. Contact with the county and local fire pr…

(1) In those areas where minimum fire flow requirements must be met, fire hydrants shall be provided in accordance with WAC 248-57-600. If phased installation of water facilities are approved by the department, fire hydrants do not need to be installed until source, storage, and …

(1) The public water system shall be capable of supplying minimum fire flows either by gravity, or under the following conditions where fire flows are supplied by pumping:(a) The largest pump out of service at any pumping level,(b) The highest capacity treatment unit out of servi…

Fire protection may be provided by means other than those discussed in these regulations, provided that such alternate methods are fully documented in the water system plan and approved by both the local fire protection authority and the department.[Statutory Authority: RCW 43.70…

(1) Where standards in these regulations do not fully meet the fire protection needs of a city, town or county, the appropriate city, town or county legislative authority may promulgate fire flow and system reliability performance standards applicable within their respective juri…

If any provision of the chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances, shall not be affected.[Statutory Authority: RCW 43.70.040. WSR 91-02-049 (Order 1…

This chapter implements chapter 70A.125 RCW and sets operating permit requirements to help assure Group A water systems provide safe and reliable drinking water to the public consistent with chapter 246-290 WAC, state board of health drinking water regulations and chapter 246-292…

The definitions, abbreviations, and acronyms in this section apply throughout this chapter unless the context clearly indicates otherwise.(1) "Adequacy" means an assessment, based upon evaluation of the department's records, of a water system's current ability to provide safe and…

Owners of all Group A water systems shall obtain an annual operating permit from the department for each system owned. The operating permit shall be valid until the next renewal date in accordance with WAC 246-294-050. Any change in ownership of the permitted system shall require…

(1) No person may operate and no owner shall permit the operation of a Group A water system unless the owner annually submits an application along with the required fee to the department and the department has issued an operating permit to the system owner. Any owner operating a …

(1) The department shall evaluate and place each system into one of the categories in subsection (2) of this section. Each permit shall clearly identify the category into which the system is placed.(2) The department will use the criteria from drinking water regulations to evalua…

(1) The department shall grant or deny the operating permit within one hundred twenty days of receiving a completed application and full payment.(2) Issuance of an operating permit means that the owner may operate the permitted system until the date specified on the permit unless…

(1) A prospective new owner of a Group A water system may not take possession of the system without first obtaining a new operating permit.(2) The department shall send an application to the prospective new owner when the department is notified of transfer of ownership in accorda…

(1) The department shall collect the following fees for Group A water system operating permits listed in Table 2.TABLE 2OPERATING PERMIT FEESClassification20262027 and following yearsBase fee for all water systems$110.00$200.00Per connection fee: 14 or fewer services$1.43$1.50 15…

An owner issued a category red operating permit shall notify the water system users in accordance with WAC 246-290-71001, 246-290-71003, and 246-290-71004.[Statutory Authority: Chapter 70.119A RCW. WSR 04-06-047, § 246-294-080, filed 3/1/04, effective 4/1/04; WSR 93-03-047 (Order…

The department may initiate appropriate enforcement actions if an owner is out of compliance with these rules or any applicable drinking water regulations. These actions may include any one or combination of the following:(1) Issuance of informal letters instructing or requiring …

If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected.[Statutory Authority: Chapter 70.119A RCW. WSR 93-03-047…

(1) The purpose of these rules is to:(a) Establish criteria for approving satellite system management agencies hereafter referred to as satellite management agencies (SMAs) pursuant to RCW 70A.100.130;(b) Delineate the process organizations and/or individuals must follow to be co…

Abbreviations:"IOU" - Investor owned utility;"SMA" - Satellite management agency;"UTC" - Utilities and transportation commission; and"WSP" - Water system plan."Certified operator" means a person certified in accordance with chapter 246-292 WAC."Contract" means a written agreement…

The rules of this chapter shall apply to SMAs and all counties, and to public water system purveyors, individuals, or other entities requesting SMA approval.[Statutory Authority: RCW 70.116.134. WSR 94-18-108, § 246-295-020, filed 9/6/94, effective 10/7/94.]

(1) Pursuant to RCW 70A.100.130(2), each county shall identify and submit a list of potential SMAs to the department by January 1, 1995, for areas within the county:(a) Which are not within a designated future service area of any utility pursuant to the Water System Coordination …

(1) An individual, purveyor or other entity seeking approval as a SMA, shall:(a) Submit a notice of intent to become an approved SMA to the department on a form provided by the department;(b) Participate in a "presubmittal conference" to discuss the SMA plan content, and, if appl…

The SMA plan shall address the following elements at a minimum in a manner acceptable to the department. A department guideline titled Satellite Management Planning Handbook is available to assist the potential SMA in adequately addressing these elements:(1) SMA ownership, includ…

The SMA plan shall address the following elements at a minimum in a manner acceptable to the department. A department guideline titled Satellite Management Planning Handbook is available to assist purveyors, individuals or other entities in adequately addressing these elements:(1…

The county or city agency responsible for determining water availability shall direct an individual or other entity proposing a new system or requesting water service to contact one or more approved SMAs designated for the service area where the new system is proposed. Such conta…

(1) An SMA providing satellite management and operation services only shall have a written agreement with each public water system being served, which shall, at a minimum, address the necessary requirements to comply with applicable regulations regarding management and operation …

The SMA shall ensure that a SMA plan is submitted to the department for review and approval every five years or more frequently as required by the secretary. The secretary shall review each approved SMA for compliance with the elements identified in WAC 246-295-050 and 246-295-06…

(1) A SMA:(a) Shall comply with all statutes and regulations governing public water systems including but not limited to chapters 70A.100, 70A.120, and 70A.125 RCW and chapters 246-290, 246-291, 246-292, 246-293 and 246-294 WAC and the requirements of this chapter; and(b) Shall a…

(1) SMAs willing to take ownership of systems which have not obtained their operating permit or are classified in the red operating permit category pursuant to chapter 246-294 WAC, may be allowed a "special provision" whereby they are given time to bring the system into regulator…

The secretary is authorized to assess reasonable fees to process applications for initial approval and for periodic review of SMAs.[Statutory Authority: RCW 70.116.134. WSR 94-18-108, § 246-295-120, filed 9/6/94, effective 10/7/94.]

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances, shall not be affected.[Statutory Authority: RCW 70.116.134. WSR 94-18-108, § 246…

The purpose of this chapter is to:(1) Establish a funding program for public water system infrastructure improvements that increase a public water system's ability to provide safe and reliable drinking water and improve public health protection;(2) Establish eligibility criteria …

The definitions, abbreviations, and acronyms in this section apply throughout this chapter unless the context clearly indicates otherwise.(1) "Application" means the DWSRF loan request form provided by the department.(2) "Application package" means the DWSRF loan application form…

(1) The department shall:(a) Apply for and receive the DWSRF grant from EPA;(b) Manage the use of DWSRF set-aside funds for regulatory purposes and technical assistance to public water systems as authorized under the SDWA; (c) Annually develop ranking values for the criteria unde…

(1) The department may use the following funds to carry out the purposes of the DWSRF:(a) Capitalization grants provided by the federal government;(b) State matching funds appropriated under RCW 70A.125.160;(c) Principal and interest payments;(d) DWSRF loan fees; and(e) Any other…

(1) The department may approve a DWSRF loan for a project that will not serve a disadvantaged community:(a) That partially or fully forgives the principal amount of the loan; or(b) At an interest rate at or below market interest rates for a maximum of 20 years from project comple…

(1) The department shall:(a) Establish the terms of a DWSRF loan fee; and(b) Annually set the DWSRF loan fee amount.(2) The department shall set the DWSRF loan fee for each project.(3) The DWSRF loan amount may include the DWSRF loan fee.(4) The department shall determine the amo…

(1) Projects eligible for a DWSRF loan include those that:(a) Address or prevent violations of applicable federal, state, and local drinking water requirements;(b) Replace aging infrastructure to help a public water system comply with applicable federal, state, and local drinking…

Except for projects and project-related costs under subsections (1) and (2) of this section, which are considered eligible to receive funds when EPA grants a deviation as allowed under Section 1452 of the SWDA, the following projects and project-related costs are not eligible for…

(1) Public water systems eligible for a DWSRF loan include:(a) Publicly and privately owned community public water systems, except those public water systems not eligible for a DWSRF loan under WAC 246-296-100; and(b) Noncommunity public water systems owned by a nonprofit organiz…

To be eligible for a DWSRF loan, an applicant shall:(1) Document that the public water system has the system capacity to stay in compliance with applicable federal, state, and local drinking water requirements, unless:(a) The funding will bring the public water system into compli…

(1) When the department determines an emergency exists and emergency funding is available, the department may award a DWSRF emergency loan to an eligible public water system that meets the requirements of this chapter, except that the department may waive one or more of the DWSRF…