1. (a)

   1. (1) Every owner must:

      1. (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
      2. (B) Take every reasonable precaution to protect the water from contamination.

   2. (2) Every owner of a surface water system must operate the treatment facility within the operating criteria specified:

      1. (A) At the time of approval by the Department of Health; or
      2. (B) In writing to the owner by the department at any time following the approval.
   3. (3) See also 20 CAR § 140-120.

2. (b) Monitoring.

   1. (1) For purposes of determining compliance with the National Drinking Water Regulations, the public health laboratory of the Department of Health will be used unless otherwise approved by the department.

   2. (2) The department may, by using a published policy, signed by the Secretary of the Department of Health and approved by the United States Environmental Protection Agency, utilize any discretion allowed in the National Primary Drinking Water Regulations for:

      1. (A) Monitoring requirements; or
      2. (B) Maximum contaminant level or treatment technique compliance.

3. (c) Records.

   1. (1)

      1. (A) The owner shall make such suitable analyses and keep such records of operation as required by the department.
      2. (B)

4. (i) True and accurate reports of such analyses and operational records for each month shall be submitted to the department by the tenth day of the following month.

   1. (ii) See also 20 CAR § 140-117.

   2. (2) 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:

      1. (A) Retained for a minimum of three (3) years; and

      2. (B) Made available for review if requested.

         1. (d) Responsibility.

   3. (1) Every owner or their agents shall:

      1. (A) Be responsible for compliance with this part; and
      2. (B) Submit samples of water to the public health laboratory whenever requested by the department.

   4. (2) Such samples must:

      1. (A) Be representative of the water in the system; and
      2. (B) Not be tampered with in any manner which may affect the analytical results.

5. (e) License.

   1. (1)

      1. (A) The owner of any community public water system, nontransient noncommunity public water system, or any other noncommunity public water system which utilizes a surface water or surface water influenced source shall utilize water operators duly licensed under:

         1. (i) The provisions of Acts 1957, No. 333, as amended; and
         2. (ii) Such rules as may be adopted under the provisions of Acts 1957, No. 333, as amended.
      2. (B) See Arkansas Code § 17-51-101 et seq.
   2. (2) The owner shall place the direct supervision of the water system under an available water operator or water operators in responsible charge holding a valid license equal to or greater than the classification of the treatment facility and/or distribution facility.

6. (f) Cross-connection program.

   1. (1) The owner shall institute a routine cross-connection program to locate and eliminate cross-connections.

   2. (2) The program shall include routine:

      1. (A) Inspections of commercial and industrial establishments; and
      2. (B) Maintenance of a listing of locations of cross-connection control devices.
   3. (3) Each program shall include the mandatory testing of backflow prevention devices by certified testers, on a frequency approved by the department.

7. (g) Fluoridation.

   1. (1) Application.

      1. (A) In accordance with Acts 2011, No. 197, (Arkansas Code § 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.
      2. (B) For such systems and for any public water system that controls the fluoride concentration, the optimum concentration shall be seven-tenths milligrams (0.7 mg) per liter with a control range of six-tenths milligrams (0.6 mg) per liter to one and two-tenths milligrams (1.2 mg) per liter.

   2. (2) Equipment, testing, and reporting.

      1. (A) A public water system that controls the fluoride concentration shall comply with the applicable sections of this part.
      2. (B) 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.
      3. (C) Other exceptions on a case-by-case basis may be allowed but only as specified in writing by the department.

   3. (3) Compliance. Pursuant to Arkansas Code § 20-7-136(d) and (e), implementation of a fluoridation program is not required:

      1. (A) 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. (B)

         1. (i) 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.
         2. (ii) Reasonable items for fluoridation start-up include those indispensable to the proper and safe addition and handling of fluoride compounds such as:
8. (a) (a) Piping;

9. (b) (b) Feeder;

   1. (c) (c) Chemical storage;

      1. (d) (d) Safety;
10. (e) (e) Testing; and
11. (f) (f) Related equipment and facilities.

12. (h) Approved chemicals, materials, equipment, and processes.

    1. (1)

       1. (A) 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.
       2. (B) In addition, all products required to be lead free as determined through Section 1417 of the Safe Drinking Water Act of 1974 (42 U.S.C. § 300g-6) shall be certified as being in compliance with NSF/ANSI 372 or Annex G of NSF/ANSI 61.

       3. (C)

          1. (i) Certification shall be made by an independent agency.
          2. (ii) Self-certification by the manufacturer will not be accepted.

    2. (2) All unit processes, equipment, chemicals, and appurtenances shall be:

       1. (A) In accordance with the latest edition of the applicable AWWA standards; and
       2. (B) Approved by the department.

    3. (3) 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 United States 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.

       1. (i) Emergency planning.
    4. (1) Each community public water system and each nontransient noncommunity public water system shall have a written emergency plan.
    5. (2) 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 department.

13. (j) Long-range planning.

    1. (1) Each community public water system and each nontransient noncommunity public water system shall have a written long-range plan.

    2. (2) The long-range plan shall:

       1. (A) Address, at a minimum, projected needs for source, treatment, storage, and distribution for a planning period of at least ten (10) years; and
       2. (B) Demonstrate the system's technical, financial, and managerial capacity to comply with the requirements of the Safe Drinking Water Act of 1974, 42 U.S.C. 300f et seq.

14. (k) New systems/modification of existing systems.

    1. (1) Prior to the startup of a new public water system or specified extensions or modifications of existing systems, the owner shall:

       1. (A) Notify the department that the system is in full compliance with the approved plans, specifications, and special conditions imposed by the department; and
       2. (B) Obtain written approval from the department to initiate use of the new system or modifications.
    2. (2) The department shall issue written approval or disapproval within five (5) working days of the receipt of the certification.
    3. (3) If the department fails to issue an approval or disapproval within five (5) working days following the department’s receipt of the certification, use of the project may be initiated.
    4. (4) The department may grant verbal interim approvals in emergency or critical situations.

Codification Notes: "ANSI/NSF" means American National Standards Institute/National Sanitation Foundation. "AWWA" means American Water Works Association.