1. (a) The department will issue its approval or denial to construct a community water system, non-transient non-community water system, or transient non-community water system not later than 30 days after the department receives all of the plans and information required by this chapter. If the submittals are deficient, the department will notify the owner that additional information is needed. Failure of the department to issue an approval or denial to construct within 30 days does not constitute automatic approval of the plans.
2. (b) The department will not issue an approval to construct a new community water system or a new non-transient non-community water system if the department determines that the submitted plans, specifications, and information do not meet the requirements of technical, managerial, and financial capacity under 18 AAC 80.207.

3. (c) If the department grants an approval to construct for a set of plans and specifications, the department will

   1. (1) sign the construction portion of a construction and operation certificate for public water systems;
   2. (2) send a copy of the certificate, as signed under (1) of this subsection, to the owner of the public water system;
   3. (3) assign the public water system an identification number, if an identification number has not previously been assigned;
   4. (4) determine if interim approval to operate may be necessary following construction and before final approval to operate is issued, to ensure that treatment or other processes meet the applicable requirements of this chapter; and
   5. (5) require the applicant to request approval to operate before the construction approval expires under 18 AAC 80.215(b).

4. (d) A public water system that has received a department approval to construct may not serve water for public consumption until

   1. (1) construction is complete;
   2. (2) the finished water analyses for coliform bacteria and for a raw water contaminant that exceeded an MCL under 18 AAC 80.300 or that exceeded an action level or requires a treatment technique under 18 AAC 80.303 are complete and approved;
   3. (3) the department receives and grants a request for either interim approval to operate under (e) of this section or final approval to operate under (f) of this section; and
   4. (4) for a new community water system or new non-transient non-community water system, the terms and conditions set by the department regarding financial and managerial capacity under 18 AAC 80.207 have been met.

5. (e) If the department grants interim approval to operate under (d) of this section, the department will

   1. (1) sign the interim operation portion of a construction and operation certificate for public water systems; upon the department's signing of the interim operation section of the certificate, operation of the water system for a department-specified period of time is approved; and
   2. (2) send a copy of the certificate, as signed under (1) of this subsection, to the owner.

6. (f) The department will grant final approval to operate if the department receives a request for final approval to operate and if

   1. (1) record drawings, signed and sealed by a registered engineer, are submitted after construction completion or during the interim approval period;
   2. (2) the record drawings submitted under (1) of this subsection confirm that the system meets the requirements of this chapter and provide public health protection;
   3. (3) all written terms and conditions set by the department for the construction and, if applicable, for interim approval to operate are met;
   4. (4) for all new community water systems or new non-transient non-community water systems, the new system meets the technical capacity requirements of 18 AAC 80.207; and

   5. (5) for a new community water system, new non-transient non-community water system, or new transient non-community water system, a summary of information, from the initial construction submittals of plans and information required by this chapter, and from record drawings required in (1) of this subsection, is

      1. (A) completed and signed by the registered engineer who signed and sealed the record drawings; and
      2. (B) submitted on a current form provided, and in a format approved, by the department with the request for final approval to operate; and
   6. (6) for a new water well, the raw water analyses submitted under 18 AAC 80.205(c)(2) show that the minimum testing requirements in Table B of that paragraph are met.

7. (g) If the department grants final approval to operate under (f) of this section, the department will

   1. (1) sign the final operation portion of a construction and operation certificate for public water systems; and
   2. (2) send a copy of the certificate, as signed under (1) of this subsection, to the owner.

8. (h) For a system using a well, not later than 45 days after the drilling of the well is completed, the well logs must be submitted to the department for a well that is intended to serve a public water system, including a well not in operation but that is connected to the public water system on a standby basis for purposes such as fire protection and emergencies. For purposes of the department's review, the well log must contain the following information, as applicable:

   1. (1) the names and addresses of the

      1. (A) well owner; and
      2. (B) well driller;

   2. (2) the location of the well, including

      1. (A) a physical address; and
      2. (B) a detailed description of well placement on the site, such as a latitude-longitude or legal description;
   3. (3) the anticipated use of the well;
   4. (4) the method of well construction;
   5. (5) the types of fluids used for drilling;
   6. (6) an accurate log of the soil, fill, ice, frozen soil, and rock formations encountered, including water bearing zones and the depth below ground surface at which the formations occur;
   7. (7) the total depth below ground surface of the well;

   8. (8) casing and liner information as applicable, including

      1. (A) the height of the casing above ground surface;
      2. (B) the depth of the casing and liner below ground surface;
      3. (C) the casing and liner diameter; and
      4. (D) the casing and liner material, wall thickness, and type;

   9. (9) grouting information, including;

      1. (A) the depth below ground surface of grouting;
      2. (B) grout type;
      3. (C) grout placement method; and
      4. (D) volume of grout used;
   10. (10) the depth below ground surface of the pitless adapter, if applicable;

   11. (11) well opening information, including

       1. (A) the type and size of well opening;
       2. (B) the depth below ground surface of a screen, perforation, or opening in the casing or borehole;
       3. (C) the depth below ground surface of a well packer or screen packer; and
       4. (D) if used, the type, size, and location of filter pack material;
   12. (12) the well development method;
   13. (13) the depth below ground surface to the static water level;

   14. (14) well yield information, including

       1. (A) the results of a well yield, aquifer, or drawdown test that was conducted; and
       2. (B) the maximum well yield; and
   15. (15) if the water well contractor or person who constructs the well installs a pump during construction, the depth of the pump intake and the pump make and model.

9. (i) A signed construction and operation certificate for public water systems does not relieve the owner of the public water system of the responsibility to

   1. (1) construct, operate, and maintain the system in compliance with this chapter;
   2. (2) get a permit to appropriate water under AS 46.15; or
   3. (3) comply with other state law.
10. (j) The department will waive the requirement for submission of record drawings if it makes an onsite inspection and finds that the system was constructed as approved. The owner shall pay the fee required by 18 AAC 80.1910(a)(1) for an onsite inspection conducted under this subsection.

(Eff. 10/1/99, Register 151; am 1/11/2006, Register 177; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/3/2019, Register 230)

Authority: AS 46.03.020, AS 46.03.050, AS 46.03.710, AS 46.03.720