Record ID: 3859
Authority: Public Drinking Water Branch (WPP)
Rule Number: 10 CSR 060-03.010
Rule Name: Public Water System Construction Authorization, Final Approval of Construction, Owner-Supervised Program and Permit to Dispense Wa
Rule Action Type: Amendment
Status: In Initial Development
Regulatory Impact Report: N/A

Rulemaking Calendar

Initiate the Rulemaking Process:
Actual: 1/7/2011 
Regulatory Impact Report 60 Day Comment Period Begins:
Expected:  
Actual:  
Proposed Rulemaking Filing with the Secretary of State:
Expected: 5/1/2013 
Actual:  
Published: 6/1/2013 
Citation:  
Public Hearings:
1st Expected: 7/15/2013 
1st Actual:  
2nd Expected:  
2nd Actual:  
End of Public Comment Period:
Expected: 7/31/2013 
Actual:  
Adoption by Agency:
Expected: 9/6/2013 
Actual:  
Rejected:  
Withdrawn:  
Legislative Action:
Expected:  
Let Pass:  
Suspended:  
Voided:  
Order of Rulemaking Filing with the Secretary of State:
Expected: 10/29/2013 
Actual:  
Published:  
Citation:  
Rulemaking in Effect:
Expected: 1/30/2014 
Actual:  
Emergency Rule Expires On:
Ends:   

Summary

Abstract Short: Replaces the incorporation by reference of the Standards for Non-Community Public Water Supplies, 1982 at subparagraph (2) (B) 2. B. with a cross reference to the proposed design standards regulation.

Contact

Ryan Seabaugh
Missouri Department of Natural Resources
Public Drinking Water Branch (WPP)
573-521-8628

Rulemaking Report

1. What is the purpose of this rulemaking?

The purpose of this rulemaking is to adopt into state regulations the Design Guide for Community Water Systems (Design Guide) so that the guidelines will be enforceable standards.

2. Why is the rulemaking being proposed now?

State law requires:

"If it is found in a contested case by an administrative or judicial fact finder that a state agency's action was based upon a statement of general applicability which should have been adopted as a rule, as required by sections 536.010 to 536.050, and that agency was put on notice in writing of such deficiency prior to the administrative or judicial hearing on such matter, then the administrative or judicial fact finder shall award the prevailing nonstate agency party its reasonable attorney's fees incurred prior to the award, not to exceed the amount in controversy in the original action." (section 536.021.9, RSMo).

3. Will the rulemaking incorporate any document by reference, rather than state the language within the rulemaking?

The rulemaking incorporates by references the Minimum Design Standards for Missouri Public Water Systems ("Design Standards").

4. Does this rulemaking prescribe environmental standards, limits or conditions and is a Regulatory Impact Report required for this rulemaking?

This rulemaking prescribes standards that must be followed in the design and construction of new or modification of an existing community water system. However due to the impact of the rulemaking a Regulatory Impact Report has been issued.

5. What authority does DNR have to carry out this rulemaking?

Sections 640.100.1 and 640.115.2, RSMo.

6. What does the rulemaking require and how does it produce benefits?

The rule will require that the design and construction of new or modified community water systems comply with standards in the rule. These include basic requirements for the content of engineering reports and plans; general design considerations, such as plant layout, siting requirements, and monitoring equipment; development of the source (reservoir, lake, stream, ground water wells), including quality, capacity, construction, etc.; treatment, filtration, and disinfection; chemical application; pumping facilities; finished water storage; and distribution systems.

This rule is based on widely accepted water system design and construction standards. Most engineers comply with these standards in the design and construction of community water systems. Public Water Systems must be properly designed to ensure that wells and/or surface water intake structures tap into a sufficient amount of source water to meet demand; to ensure that treatment plants are adequately designed to remove contaminants so that stringent water quality standards are met; to ensure that storage tanks and the distribution system will provide sufficient and uninterrupted flow to meet current and future demand, including firefighting flows; and myriad other factors. Adopting this rule will benefit customers of community water systems where the engineer may provide a substandard design and/or the system owner may install improper, deficient, or inferior infrastructure. Properly designed and constructed water systems reduce risk of contamination in source, treatment processes, and distribution systems. The rule will set equal requirements for everyone and will be enforceable.

7. Who is most likely affected by the rulemaking?

The rulemaking will affect:

- Engineering consulting firms involved in community water system design;

- Construction contractors involved in constructing community water systems; and

- Owners, operators, and customers of community water systems. These systems include--

- Municipalities

- Regional water suppliers

- Public water supply districts

- Private businesses that own community water systems

- Developers

- Home owners associations and other incorporated entities

Community water systems that construct new systems or modify existing systems will be required to comply with the regulation. There are currently about 1,473 community water systems located throughout the state. During the lifetime of the rule any or all of these existing systems may submit modifications that would be affected by this rule. It bears mentioning that these systems currently comply with Design Guide requirements, so there will be little or no practical impact.

8. What impact will the rulemaking have on small businesses? (A small business is defined by statute as a for-profit enterprise with fewer than 100 full or part-time employees.)

Some public water systems are privately owned and may be operated for profit. Of the 1,473 existing community water systems, 619 (42%) are classified as private systems. These may include mobile home parks, resorts, condominiums, private water utilities, nursing homes, schools, and institutions. Some of these are for-profit enterprises. Many of these have fewer than 100 employees. System owners requesting to modify their system will be affected by this rule, as well as newly constructed systems.

A small business impact statement will likely be necessary.

9. What are the probable costs for the department or any other public agency in the implementation and enforcement of the rulemaking?

Costs to the Department of Natural Resources

PDWB has been requiring compliance with generally accepted design practices for community water systems for more than 35 years. Plans and specs are reviewed for compliance with Design Guide requirements and differences are discussed and negotiated with the public water system or their consultant. These on-going implementation costs will continue after the rule is adopted and are not expected to increase. Since this is a new rule, these costs will be included in the public entity fiscal note but it should be understood that these are not new costs, nor would the costs be avoided by not completing the rulemaking.

Future rulemaking will occasionally be needed to keep the design regulation current with industry standards and developing technology. The waiver process will need to be formalized and used to provide necessary flexibility in accepting minor design changes or revised industry standards between regulation updates.

Costs to Publicly-Owned Community Water Systems

Community water systems that are publicly owned and are constructing new systems or modifying existing systems will be required to comply with the design regulation. There are about 1,473 community water systems in Missouri and about 58% are publicly-owned. Existing community water systems that submit modifications to their water systems will be affected by this rule. Construction of new community water systems will be affected by this rule.

Costs of compliance will vary widely based on size and complexity of the modification or the new system being constructed. Most of the cost burden will come from any new modifications to an existing water supply system. Costs will vary widely depending on what is being modified and what standards were used when initial construction took place.

The cost of a constructing a new community water system will vary from tens of thousands of dollars to build a well and distribution system for a small community system to tens of millions of dollars for a surface water system treating several million gallons a day through a regional distribution network.

Because the design standards are based on standard practice and national standards, the actual cost incurred in complying with the rule is expected to be minimal when assuming that standard practice is currently used in design and construction in Missouri. A very rough deviation estimate might add 3% to constructions cost, with a net savings seen when factoring in project/component life (assuming proper maintenance) and reduction of risk (cost) to public health. However, since this is a new rule, all costs of compliance will be included in the public entity fiscal note.

The published industry standards include:

Recommended Standards for Water Works (2007), commonly known as the Ten State Standards, developed by the Water Supply Committee of the Great Lakes - Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers

National standards published by the American National Standards Institute (ANSI) and American Water Works Association (AWWA)

10. What is the anticipated effect of the rulemaking on state revenue?

The rulemaking is anticipated to have a neutral effect on state revenue and should not impact any fund sources.

11. Who was/will be involved in developing the rulemaking?

Public drinking water stakeholders include water industry associations, such as the Missouri Section-American Water Works Association, Missouri Rural Water Association, and the Water and Wastewater Conference; government agencies such as the Missouri Public Service Commission, USDA Rural Development, and the Safe Drinking Water Commission; consulting engineers and the Consulting Engineers Council of Missouri; public water system owners/operators; vendors and suppliers of drinking water equipment, parts and supplies; water well drillers; and other interested persons.

12. How has/will the development of the rulemaking been/be shared with interested parties and the public at large?

Draft revisions to the current Design Guide for Community Water Systems were shared with stakeholders via the internet and several comment opportunities were provided.

13. Who may I contact to either ask questions or provide input on this rulemaking?

Comments or questions on the draft documents may be directed to:

- mail to:

Mr. Ryan Seabaugh

Missouri Department of Natural Resources

Public Drinking Water Branch

1101 Riverside Dr.

P.O. Box 176

Jefferson City, MO 65102-0176

- using the online form available at http://dnr.mo.gov/env/wpp/pdwb/permits.htm

- email to PDW.Permits@dnr.mo.gov

Instructions on providing comments on the proposed rule will be published in the Missouri Register adjacent to the proposed rule. This is anticipated to occur June 1, 2013.

14. What is the expected calendar for this rulemaking, particularly the dates for the comment period and public hearing?

It is anticipated that the public hearing and formal comment period will occur in July, 2013.