Section 11-20-30 - New and modified public water systems(a) No new public water system shall be constructed or used to deliver water to any user and no existing public water system shall be substantially modified nor shall the substantial modification be used to deliver water to any user until the new public water system or the substantial modification has been approved by the director(1) Except for county owned systems using a surface water source or ground water under the direct influence of surface water source, the director may waive the approval required by this subsection for substantial modifications to existing county owned and operated public water systems when the appropriate county department or board of water or water supply has capability acceptable to the director to sample and analyze the water source and water to be delivered by the public water system such that the county department or board of water or water supply can satisfactorily demonstrate to the director that the public water system is capable of delivering water which will comply with the state primary drinking water regulations. (2) For the purposes of this section, a 'substantial modification" shall include, but not be limited to, such things as any physical modification to the source, storage, collection, treatment, or distribution facilities of the public water system which is determined by the director to have an actual or potential significant impact on the quality of water delivered to users of the public water system.(3) Any person proposing physical modification to a public water system which increases the number of service connections or population served by the public water system shall consult with the director prior to commencement of such modification for a determination by the director whether the proposed modification is a 'substantial modification" subject to the requirements of this section. (b) A proposed or existing supplier of water or its duly authorized representative shall demonstrate that the new or modified public water system will deliver water in compliance with state primary drinking water regulations before construction. A proposed or existing supplier of water or its duly authorized representative shall provide the following information: (1) Plans, specifications, supporting information, and documents detailing the design and location of the proposed new public water system or the existing public water system and the proposed substantial modifications;(2) Documents and supporting information on the raw water source(s) and proposed treatment, if any, demonstrating that the source(s) of raw water to supply the public water system complies with state primary drinking water regulations. Where a new source of raw water is proposed to supply a public water system, the documents must demonstrate that the new source of raw water complies with section 11-20-29; (3) Documents and information demonstrating that the public water system will be adequately operated and maintained;(4) Documents and information demonstrating that the new public water system or substantial modifications to an existing public water system will be located and constructed in conformance with all applicable State of Hawaii laws and county ordinances relating to floods, tsunamis, earthquakes, and fires. To the extent practicable, part or all of the new or substantially modified existing facility shall avoid any site which is subject to a significant risk from earthquakes, floods, tsunamis, fires, or other disasters which could cause a breakdown of the public water system or a portion thereof or which is, except for intake structures, within the floodplain of a hundred-year flood or is lower than any recorded high tide where appropriate records exist;(5) Certification by the licensed professional engineer(s) responsible for the preparation of the plans and specifications for the new public water system or the substantial modifications to the existing public water system, and the operation and maintenance documents, that the water system or the modifications have been designed to deliver water that will comply with state primary drinking water regulations. This certification is not required for plans and specifications prepared by personnel in the county department or board of water or water supply, in compliance with applicable county department or board of water or water supply rules, regulations, and standards; (6) Certification by the proposed or existing supplier of water that the public water system will be operated and maintained to provide water in compliance with state primary drinking water regulations. This certification is not required for new or modified public water systems owned and operated by the county department or board of water or water supply; and(7) Other information, including testing or inspections, as the director considers necessary to decide on whether to grant approval to construct.(c) After construction has been completed, the new public water system or substantial modifications to an existing public water system shall not be used to deliver water to any user until approved by the director. The supplier of water or its duly authorized representative shall provide the following: (1) A detailed description of the changes made from the planned system or modification approved by the director and analysis of the effect, if any, that the changes will have on the quality of water delivered by the new or modified public water system and compliance with primary drinking water regulations, certified by a licensed professional engineer; and(2) Other information, including testing or inspections, as the director considers necessary to approve of the changes or evaluate the need for corrective actions.(d) For approval of a new community public water system or a new non-transient non-community public water system, required under subsection (a), before construction or use of the system, the proposed supplier of water or its duly authorized representative shall comply with the requirements of subsection (b) and demonstrate to the director's satisfaction that the proposed system has adequate capacity as described in section 11-20-29.5. (1) A new community public water system or new non-transient non-community public water system shall include: (A) Newly constructed community public water systems or non-transient non-community public water systems; and(B) Water systems that do not currently meet the definition of a public water system as defined in section 11-20-2 but which expand their infrastructure and thereby grow to become a community public water system or a non-transient non-community public water system; and(2) A demonstration of adequate capacity under section 11-20-29.5 shall include the obtaining of the director's approval of any new sources of raw water as described in section 11-20-29.(e) For approval of a new transient non-community public water system or substantial modification of an existing public water system, which has failed to comply with state primary drinking water regulations or has significant problems noted by sanitary surveys or inspections, required under subsection (a), the proposed or existing supplier of water may, at the director's discretion, also be required to demonstrate to the director's satisfaction that the system has adequate capacity as described in section 11-20-29.5.(f) Before granting approval of the construction or use of the new public water system or substantial modifications to an existing public water system, the director may: (1) Conduct inspections, before, during, and after construction or implementation as deemed appropriate by the director;(2) Require the proposed or existing supplier of water or its duly authorized representative to perform sampling, and testing as deemed appropriate to determine the ability of the new or substantially modified public water system to deliver water that complies with state primary drinking water regulations; (3) Review the ability of the source(s) of raw water and treatment, if any, to supply water to the new or substantially modified public water system in compliance with state primary drinking water regulations; and(4) Impose conditions, such as monitoring or operating requirements or restrictions, as deemed appropriate by the director to ensure that the water delivered meets state primary drinking water regulations.(g) The director shall process written requests for approval of the construction or use of new public water systems or proposed substantial modifications to existing public water systems in a timely manner.(1) The director shall notify the proposed or existing supplier of water or its duly authorized representative whether the written request for preconstruction approval is complete within one-hundred eighty days of receipt.(2) The director shall notify the proposed or existing supplier of water or its duly authorized representative whether a written request for postconstruction and pre-use approval is complete within sixty days of receipt.(3) If the director finds a written request for preconstruction or postconstruction and pre-use approval is incomplete or otherwise deficient, the director shall describe the additional information necessary to complete the written request or correct the deficiency. Failure to provide the additional information or to correct the deficiency is sufficient grounds to suspend or terminate review of the written request for preconstruction or postconstruction and pre-use approval.(4) The director shall act on a written request for preconstruction approval within one year from the date the director notifies the proposed or existing supplier of water or its duly authorized representative that the written request was considered complete. (5) The director shall act on a written request for postconstruction and pre-use approval within sixty days from the date the director notifies the proposed or existing supplier of water or its duly authorized representative that the written request was considered complete.(6) The director may extend the deadline for postconstruction and pre-use approval to the extent of delays in inspections, sampling, testing, or providing information requested or to be conducted by the department and caused by the proposed or existing supplier of water or its duly authorized representative.(7) This subsection does not apply to approvals of public water systems subject to subsection (d).(h) The proposed or existing supplier of water or its duly authorized representative shall notify the department in writing of changes which may affect the director's decision to approve the construction or use of a new public water system or a substantial modification of a public water system. Failure to provide such information shall be sufficient grounds for denial or termination of the plan review. [Eff 12/26/81; am and comp 3/7/92; am and comp 1/2/93; am and comp 12/15/94; comp 10/13/97; am and comp 9/7/99; comp 11/30/02; am and comp 12/16/05; comp 11/28/11; comp MAY 0 2 2014] (Auth: HRS §§ 340E-2, 340E-2.5, 340E-9) (Imp: HRS §§ 340E-2, 340E-2.5, 340E-9; 42 U.S.C. §§ 300g-1, 300g-2, 300g-9; 40 C.F.R. Parts 141, 142, § 141.5, § 142.10 )