Wyo. Code R. 020-0011-22
Effective Date: 08/11/1999 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0011.22.08111999
Public Water Supplies
Section 1. Authority. These standards are promulgated pursuant to W.S. 35-11-101 through 35-11-1207 and W.S. 16-1-301 through 16-1-308, specifically, W.S. 35-11-302 (a) (x).
Section 2. Severability. If any section or provision of this regulation, or the application of that section or provision to any person, situation, or circumstance is adjudged invalid for any reason, the adjudication does not affect any other section or provision of these regulations or the application of the adjudicated section or provision to any other person, situation, or circumstance. The Environmental Quality Council declares that it would have adopted the valid portions and application of this regulation without the invalid part, and to this end the provisions of this regulation are declared to be severable.
Section 3. Purpose. The purpose of this chapter is to establish standards that accomplish the following.
(a) Ensure that all new or modified community water systems and nontransient noncommunity water systems commencing operations on or after October 1, 1999 meet the capacity development requirements of these rules and acquire and maintain capacity development in order to meet the purpose of the Environmental Quality Act.
(b) Implement a strategy and procedures to ensure all public water supplies acquire and maintain the required technical, financial and managerial capabilities for the collection, treatment and distribution of potable water in order to protect the health, safety and welfare of users.
(c) Assure that applicants for Safe Drinking Water Act State Revolving Fund loans made under the State Loan and Investment Board Rules and Regulations Chapter 16 meet the capacity development requirements of these rules.
Section 4. Definitions. The following definitions supplement those contained in W.S. 35-11-103 of the Wyoming Environmental Quality Act and W.S. 16-1-301 of the Wyoming Joint Powers Act.
(a) 'Capacity development strategy' means a plan to assist public water supplies in acquiring and maintaining technical, managerial and financial capability to maintain compliance with the National Primary Drinking Water Regulations.
(b) 'Corrective action plan' means a scheduled course of action to correct technical, financial and/or managerial deficiencies.
(c) 'Implementation schedule' means a timetable to correct the deficiencies identified in a corrective action plan.
(d) 'Modified' means a change to a public water supply that requires new construction or replacement of an existing unit with a differently sized unit, different type material(s) or different equipment for which a construction permit is required.
(e) 'Owner' means a person or entity having the legal rights and responsibilities to possess a public water supply.
(f) 'Safe Drinking Water Act,' or 'SDWA,' means the federal Safe Drinking Water Act including the 1996 amendments (Public Law 104-182, 42 U.S.C. §300f et seq.).
(g) 'Sanitary survey' means the on-site review of the water source, source water susceptibility to contamination, facilities, equipment, operation, and maintenance of a public water supply for the purpose of evaluating the adequacy of such source, facilities, equipment, operation, and maintenance for producing and distributing drinking water.
(h) 'System assessment' means an assessment conducted by or on behalf of a public water supply to review the technical, managerial and financial aspects of the system, to identify capabilities and to develop a corrective action plan to correct any identified deficiencies, and to identify potential threats to the source water.
Section 5. Demonstrating Capacity Development. All new or modified community and nontransient noncommunity water systems shall demonstrate capacity development by accomplishing the following.
(a) Complying with the requirements of Chapter 5 of Wyoming Water Quality Rules and Regulations for certified operators of the system or have a division approved compliance schedule in place to meet the requirements.
(b) Completing a system assessment of the managerial, technical, and financial aspects of the system using capacity assessment worksheets provided by the administrator. These worksheets shall be developed with input from a capacity development assessment workgroup whose members are appointed by the administrator to be representative of all public water supplies and state and federal agencies. This workgroup shall periodically meet to review and update the assessment worksheets. All meetings shall be noticed and open to the public.
(c) Developing a corrective action plan and implementation schedule if deficiencies are identified by the division as a result of the capacity development assessment.
(d) Providing a plan to assure sufficient financial resources to cover system operation and maintenance costs including debt service if financial capability deficiencies are identified.
(e) Demonstrating compliance with Chapters 3 and 12 of Wyoming Water Quality Rules and Regulations. Chapters 3 and 12 establish standards for construction permitting and minimum design criteria for public water supplies.
Section 6. Implementation of Capacity Development. All public water supplies seeking a SDWA State Revolving Fund Loan per State Land and Investment Board Rules and Regulations Chapter 16 and all new or modified community and nontransient noncommunity water systems commencing operations on or after October 1, 1999 and all water systems providing water to them shall demonstrate capacity development as described in section 5 of this chapter and in accordance with the following.
(a) All new or modified community and noncommunity nontransient water systems for which a construction permit is required pursuant to Chapter 3 of Wyoming Water Quality Rules and Regulations shall demonstrate capacity development by:
(i) Having an approved system assessment that meets the criteria in Section 5 of these rules, or obtaining a division approved time schedule to complete a system assessment including a corrective action plan if necessary; and
(ii) Implementing the corrective action plan, if necessary, in accordance with an approved implementation schedule.
(b) Applicants seeking a SDWA State Revolving Fund Loan per State Land and Investment Board Rules and Regulations Chapter 16 shall demonstrate capacity development by meeting the requirements of this chapter.
Section 7. System Assessment Processing Procedures. System assessments submitted to the division shall be processed in the following manner.
(a) The division shall review the system assessments for completeness within 30 days of submittal. The administrator or a designee shall notify the system owner if the assessment is incomplete and shall include a description of the information needed to complete the assessment.
(b) The division shall make a final decision on capacity development demonstration within 60 days of the division’s determination that the system owner’s capacity development demonstration submittal is complete.
(c) The department shall render a final decision on the system assessment as appropriate from among the following options.
(i) Approval of the system assessment as demonstrating capacity development in accordance with the requirements of this chapter.
(ii) Disapproval of the system assessment as not meeting the minimum requirements of this chapter to demonstrate capacity development.
(iii) Conditional approval based upon a corrective action plan and a schedule to correct identified technical, financial and/or managerial deficiencies.
(d) The final decision of the department may be appealed to the Environmental Quality Council in accordance with Department of Environmental Quality Rules of Practice and Procedure.