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007.18.2-VII. Operation

AR ADC 007.18.2-VIIArkansas Administrative CodeEffective: January 27, 2020

West's Arkansas Administrative Code
Title 007. Department of Health
Division 18. Engineering
Rule 2. Rules and Regulations Pertaining to Public Water Systems (Refs & Annos)
Effective: January 27, 2020
Ark. Admin. Code 007.18.2-VII
007.18.2-VII. Operation
Every owner must 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, and take every reasonable precaution to protect the water from contamination. Every owner of a surface water system must operate the treatment facility within the operating criteria specified at the time of approval by the Arkansas Department of Health, or as specified in writing to the owner by the Arkansas Department of Health at any time following the approval. (See also Section XXI.)
A. Monitoring
For purposes of determining compliance with the National Drinking Water Regulations, the Arkansas Department of Health Laboratory will be used unless otherwise approved by the Arkansas Department of Health.
The Arkansas Department of Health may, by using a published policy, signed by the Director of the Department, and approved by the U.S. Environmental Protection Agency, utilize any discretion allowed in the National Primary Drinking Water Regulations for monitoring requirements or for Maximum Contaminant Level or Treatment Technique compliance.
B. Records
The owner shall make such suitable analyses and keep such records of operation as required by the Arkansas Department of Health. True and accurate reports of such analyses and operational records for each month shall be submitted to the Arkansas Department of Health by the tenth day of the following month. (See also Section XVII.)
Unless a longer record retention period is specified elsewhere or required by the National Primary Drinking Water Regulations, all records including analyses results, reports, forms, charts, daily logs, and electronic files shall be retained for a minimum of three (3) years and shall be made available for review if requested.
C. Responsibility
Every owner or their agents shall be responsible for compliance with these Rules and shall submit samples of water to the Arkansas Department of Health Laboratory whenever requested by the Arkansas Department of Health. Such samples must be representative of the water in the system and must not be tampered with in any manner which may affect the analytical results.
D. License
The owner of any community public water system, non-transient non-community public water system, or any other non-community public water system which utilizes a surface water or surface water influenced source shall utilize water operators duly licensed under the provisions of Act 333 of 1957, as amended, and such Rules as may be adopted under the provisions of Act 333 of 1957 as amended. (See Arkansas Code Annotated § 17-51-101 et seq)
The owner shall place the direct supervision of the water system under an available Water Operator(s) in Responsible Charge holding a valid license equal to or greater than the classification of the treatment facility and/or distribution facility.
E. Cross-Connection Program
The owner shall institute a routine cross-connection program to locate and eliminate cross-connections. The program shall include routine inspections of commercial and industrial establishments and the routine maintenance of a listing of locations of cross-connection control devices. Each program shall include the mandatory testing of backflow prevention devices by certified testers, on a frequency approved by the Arkansas Department of Health.
F. Fluoridation
1. Application
In accordance with Act 197 of 2011 (§ 20-7-136), the owner of a public water system that produces and treats raw water and that directly or through a consecutive system or systems supplies five thousand (5,000) persons or more shall implement a fluoridation program so as to maintain an optimum fluoride concentration in the water. For such systems and for any public water system that controls the fluoride concentration, the optimum concentration shall be 0.7 milligrams per liter with a control range of 0.6 milligrams per liter to 1.2 milligrams per liter.
2. Equipment, testing and reporting
A public water system that controls the fluoride concentration shall comply with the applicable sections of this rule. In addition, such public water systems shall comply with the fluoride equipment, record keeping, testing, reporting and related requirements identified as a “must” for Community Public Water Systems contained in Sections II, III, and IV of Engineering and Administrative Recommendations for Water Fluoridation, 1995, Centers for Disease Control and Prevention, except that entry point rather than distribution system monitoring shall be utilized for measuring the fluoride concentration. Other exceptions on a case-by-case basis may be allowed but only as specified in writing by the Arkansas Department of Health.
3. Compliance
Pursuant to § 20-7-136 (d) and (e), implementation of a fluoridation program is not required: 1) until funds sufficient to pay capital start-up costs for fluoridation equipment for the system have become available from any source other than tax revenue or service revenue collected by the water system or the entity which owns or controls it; or 2) for a water system in this state that receives its water from a community in another state until a substantially similar fluoridation program is enacted in the other state. Reasonable items for fluoridation start-up include those indispensible to the proper and safe addition and handling of fluoride compounds such as piping, feeder, chemical storage, safety, testing and related equipment and facilities.
G. Approved Chemicals, Materials, Equipment, and Processes
All chemicals added to the water and all materials in contact with in-process or treated water shall be certified as being in compliance with ANSI/NSF Standards 60 and 61, as applicable. In addition, all products required to be “lead free” as determined through Section 1417 of the Safe Drinking Water Act (42 U.S.C. 300g-6) shall be certified as being in compliance with NSF/ANSI 372 or Annex G of NSF/ANSI 61. Certification shall be made by an independent agency. Self-certification by the manufacturer will not be accepted.
All unit processes, equipment, chemicals and appurtenances shall be in accordance with the latest edition of the applicable AWWA standards, and approved by the Arkansas Department of Health.
For treatment facilities utilized for treating water solely for bottled water or very small water systems, at its discretion, the Department may allow certification with the equivalent U.S. Food and Drug Administration food contact or food additive standard or other ANSI/NSF drinking water standards in lieu of certification with the appropriate ANSI/NSF 60/61 and AWWA standards.
H. Emergency Planning
Each Community Public Water System and each Non-Transient Non-Community Public Water System shall have a written emergency plan. The emergency plan shall include, at a minimum, names and telephone numbers of responsible utility personnel, procedures to be followed in the event of loss of electricity, source, treatment, storage, or distribution facilities, and procedures to be followed in the event of a loss of distribution system pressure or a known or suspected introduction of contaminants into the distribution system, as approved by the Arkansas Department of Health.
I. Long Range Planning
Each Community Public Water System and each Non-Transient Non-Community Public water system shall have a written long-range plan. The long-range plan shall address, at a minimum, projected needs for source, treatment, storage and distribution for a planning period of at least ten years, and shall demonstrate the system's technical, financial, and managerial capacity to comply with the requirements of the Safe Drinking Water Act.
J. New Systems/Modification of Existing Systems
Prior to the startup of a new public water system or specified extensions or modifications of existing systems, the Owner shall notify the Department of Health that the system is in full compliance with the approved plans, specifications, and special conditions imposed by the Department, and obtain written approval from the Department to initiate use of the new system or modifications. The Department shall issue written approval or disapproval within five working days of the receipt of the certification. If the Department fails to issue an approval or disapproval within five working days following the Department's receipt of the certification, use of the project may be initiated. The Department may grant verbal interim approvals in emergency or critical situations.

Credits

Amended April 1, 2010; March 23, 2012; Feb. 23, 2014; Jan. 27, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.18.2-VII, AR ADC 007.18.2-VII
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