Section 22.23 - Use of Non-centralized Treatment Devices and Bottled Water(1) Public Water Systems shall not use bottled water to achieve compliance with an MCL, MRDL, Action Level or Treatment Technique established in 310 CMR 22.00 or any standards specific to an individual Public Water System established pursuant to a health assessment as provided in 310 CMR 22.03(8). Bottled water may be approved by the Department for use on a temporary basis to avoid any unreasonable risk to health.(2) Public Water Systems using bottled water as a condition of obtaining an exemption from the requirements of 310 CMR 22.06(16), 22.07A and 22.07B(1), and must meet the requirements in 310 CMR 22.14(25)(3) Public Water Systems that use point-of-use or point-of-entry devices as a condition of receiving an exemption must meet the requirements in 310 CMR 22.14(27).(4) A Supplier of Water meeting the following minimum requirements, subject to the Department's review and written approval in accordance with 310 CMR 22.04, may use Point of Use (POU) and/or Point of Entry (POE) devices to comply with an MCL set forth in 310 CMR 22.00 or to achieve a contaminant level identified in accordance with 310 CMR 22.03(8): (a) the POU or POE device must be owned, controlled, operated and maintained by the Supplier of Water in accordance with 310 CMR 22.00;(b) the POU or POE device must be equipped with mechanical warnings device to ensure that customers are automatically notified of operational problems;(c) the POU or POE device must be included in the Department's approved list of technologies for small systems and approved in accordance with 310 CMR 22.04(8);(d) the POU or POE device must be installed in conformance with 248 CMR 10.00: Uniform State Plumbing Code;(e) a monitoring plan that ensures that the devices provide health protection equivalent to that provided by central water treatment must be submitted;(f) effective technology under a Department-approved plan must be applied. The microbiological safety of the water must be maintained at all times;(g) the Supplier of Water must ensure that buildings connected to the system have sufficient POU or POE devices that are properly installed, maintained, and monitored such that all consumers will be protected;(h) the POU or POE device must have an adequate certification of performance including field testing or the device has undergone a rigorous engineering design review; (i) the design and application of the POU and/or POE devices must consider the potential for increasing concentrations of heterotrophic bacteria in water treated with activated carbon. It may be necessary to use frequent backwashing, post contactor Disinfection, and Heterotrophic Plate Count monitoring to ensure that the microbiological safety of the water is not compromised;
(j) each building connected to the system must have a POU or POE device that is properly installed, maintained, and monitored. Each building is subject to treatment and monitoring, and the rights and responsibilities of the Public Water System customer convey with title upon sale of property; (k) the Supplier of Water must document that all customers are required to or have agreed to participate in the POU and or POE water treatment program. Documentation may include, without limitation, the following: 1. an ordinance that requires the customers to participate in the program; or2. copies of signed agreements from all customers explicitly agreeing to provide the Supplier of Water with access to their homes or buildings for the purpose of conducting necessary maintenance and sampling activity;(l) the Supplier of Water must notify and provide an opportunity for public comment to its customers of the proposed POU and POE treatment program at a public meeting, or an equivalent approved opportunity for public comment; (m) the Supplier of Water must submit a continuing education and awareness plan, including all supporting educational materials; (n) the Supplier of Water must provide educational materials pursuant to the approved continuing education and awareness plan described in 310 CMR 22.23(4)(m) to new and existing customers summarizing potential health effects of contaminants of concern and the benefits of POU/POE devices, subject to the following: 1. if the water system is a Community Water System educational materials may be provided in their Consumer Confidence Report; and2. new residents shall be given educational materials within 15 days of beginning water service to such residents;(o) the POU device must not be used for the following contaminants: microbiological contaminants, nitrate, volatile organic compounds and radon; and(p) the POE device must not be used for the following contaminants: microbiological contaminants and nitrate.(5) With prior written approval of the Department in accordance with 310 CMR 22.04(1), a POE or POU device may be installed in a facility to meet an Action Level, Treatment Technique in lieu of an MCL, or other requirements of 310 CMR 22.00. The facility, upon the installation of the POE or POU device, shall constitute a consecutive Public Water System as defined in 310 CMR 22.02, provided the facility meets the definition of a Public Water System as defined in 310 CMR 22.02. A consecutive system that installed a POU or POE device in accordance with 310 CMR 22.23(5) is subject to all of the requirements of 310 CMR 22.00 unless said system complies with 310 CMR 22.23(6)(a) through (i) and demonstrates to the Department's satisfaction that it meets the criteria in 310 CMR 22.03(3)(b) through (e).(6) If a POE device is installed in a facility solely to enhance the aesthetic quality of the drinking water and, because of the installation of such a device the facility meets the definition of a Public Water System in 310 CMR 22.02, it shall constitute a consecutive Public Water System subject to all of the requirements of 310 CMR 22.00, unless the system complies with the following minimum requirements:(a) the facility shall advise the Department and the supplying Public Water System in writing of the intended installation of the device;(b) the facility shall be responsible for the operation and maintenance of the device, subject to adequate oversight by the supplying Public Water System;(c) the facility shall comply with the requirements of the supplying Public Water System;(d) the facility shall provide a detailed written notification of the installation of the POE device to the local health authority having jurisdiction over the facility;(e) the facility shall only use POE devices that have been certified by the National Sanitation Foundation (NSF), Underwriters Laboratory (UL) or equivalent third party certifying organization accredited by American National Standards Institute (ANSI);(f) the facility shall install the POE device in accordance with 248 CMR 10.00: Uniform State Plumbing Code;(g) the facility shall monitor the quality of water as specified by the supplying Public Water System, the Department or the local health authority;(h) the facility shall ensure that any wastewater discharge complies with all applicable federal, state and local regulations; and(i) the facility shall maintain the microbiological quality standards of the water at all times as specified at 310 CMR 22.05.(7) The Department may require any facility or other entity meeting the requirements of 310 CMR 22.23(5) and (6) to comply with any or all other requirement of 310 CMR 22.00, if the Department determines that such action is necessary to protect the health of the consumers of water.Amended by Mass Register Issue 1309, eff. 3/25/2016.