Section 18 AAC 80.430 - Sanitary surveys(a) The owner of a community water system, non-transient non-community water system, or transient non-community water system shall ensure that sanitary surveys addressing the eight components of a sanitary survey set out in EPA's Guidance Manual for Conducting Sanitary Surveys of Public Water Systems; Surface Water and Ground Water Under the Direct Influence (GWUDI),Chapter 3, and in EPA's Sanitary Survey Guidance Manual for Ground Water Systems, Chapter 4, both adopted by reference in 18 AAC 80.010(b), are completed as set out in this section.(b) Under 40 C.F.R. 142.16(b)(3)(i) and (o)(2)(i), adopted by reference in 18 AAC 80.010(a), and except as provided in (c) of this section, the owner of a community water system, non-transient non-community water system, or transient non-community water system shall ensure that a sanitary survey is completed, and a report filed with the department, at least every (1) three years for a community water system; and(2) five years for a non-transient non-community water system and a transient non-community water system.(c) A community water system may apply to the department for recognition as a system having outstanding performance. The application must be made in writing in a format approved by the department, and must include any supporting information or documentation that the department may require. A community water system that the department determines, in writing, to have outstanding performance may have a sanitary survey conducted every five years. When determining outstanding performance, the department will consider (1) whether the MCLs set under 18 AAC 80.300 have been violated since the last sanitary survey;(2) whether the applicable monitoring and reporting requirements of this chapter have been violated since the last sanitary survey;(3) whether any violations of this chapter occurred during the past six years;(4) whether any confirmed waterborne disease outbreaks attributable to the community water system occurred during the past six years;(5) whether the community water system practices disinfection, and if so, its disinfection practices and performance;(6) the community water system's history of deficiencies and correction of deficiencies from its last two sanitary surveys;(7) whether the community water system has system capacity sufficient to meet the requirements of 18 AAC 80.207;(8) whether the community water system has a stable water source that has not experienced an interruption in supply;(9) whether the community water system has complied with 18 AAC 80.015(c), has developed source water protection strategies based on information obtained in complying with 18 AAC 80.015(c), and has implemented or is implementing those strategies;(10) whether the community water system has received final approval to operate in accordance with 18 AAC 80.210; and(11) in the case of a groundwater system, whether the system has achieved 4-log treatment of viruses.(d) No later than 30 days after completing the on-site water system inspection, a sanitary survey inspector shall provide a completed sanitary survey report to the department and to the owner (1) on a current form provided, and in a format approved, by the department; and(2) accurately describing the results of the sanitary survey inspection.(e) The department will reject a sanitary survey report that is incomplete or is not on a current form provided by the department. The department will notify the sanitary survey inspector and the affected water system of the rejected sanitary survey report, and will allow the sanitary survey inspector up to 30 days after the date of notification to provide a complete sanitary survey report to both the department and the owner on a form provided by the department. If completing a rejected or incomplete sanitary survey report requires it, the sanitary survey inspector must complete another site visit to the affected public water system.(f) If a significant deficiency is found during a sanitary survey inspection, and poses or has the potential to pose an imminent threat to public health or safety, the sanitary survey inspector shall notify, by telephone, facsimile transmission, or electronic mail, the department of the deficiency no later than 24 hours after the deficiency is found.(g) No later than 30 days after receiving a report of any significant deficiency under (d) or (e) of this section, or a notification of any significant deficiency under (f) of this section, the department will contact the owner to determine a corrective action plan.(h) A corrective action plan for one or more significant deficiencies (1) must be approved by the department;(2) must be in writing; however, if the department determines that corrective action need not be delayed for submission of a written corrective action plan, the department may waive the requirement of this paragraph, may allow the owner to propose a corrective action plan orally, and may approve the plan orally; if the department gives an oral approval, the department will issue a written confirmation of the owner's corrective action plan no later than five days after the date of the oral approval; in the event of an alleged discrepancy between the oral communication and the written confirmation, the owner shall comply with the corrective action plan as expressed in the written confirmation;(3) must include a schedule with one or more dates for completion of specified corrective actions, and a date for final completion of all corrective actions; unless the department requires or approves a different schedule, final completion of all corrective actions must be no later than 120 days after the date of department approval of the corrective action plan;(4) may require the owner to notify the department within a specified time of any failure to complete specified actions under the corrective action schedule;(5) must require the owner to notify the department no later than five days after final completion of all corrective actions; and(6) may be amended upon written approval from the department.(i) If an employee of the department performs a sanitary survey required under this section, the owner shall pay the fee required in 18 AAC 80.1910(a) (2).(j) Failure to comply with the sanitary survey requirements of this section is a monitoring violation and requires that the owner provide public notification under 18 AAC 80.1020.(k) A person aggrieved by a decision under this section may request a hearing under 18 AAC 80.1920.Eff. 10/1/99, Register 151; am 9/28/2001, Register 159; am 1/11/2006, Register 177; am 8/19/2006, Register 179; am 11/9/2006, Register 180; am 4/24/2009, Register 190; am 7/25/2010, Register 195; am 5/20/2011, Register 198; am 2/11/2017, Register 221, April 2017Authority:AS 46.03.020
AS 46.03.050
AS 46.03.710
AS 46.03.720