| (E) two or more service pumps with a total capacity
of 1.0 gpm per unit; and
(F) a pressure tank capacity of ten gallons per unit
with a minimum requirement of 220 gallons.
(3) A noncommunity public water system that is an affected
utility shall meet the requirements of subsection (h) of this section.
(d) Noncommunity water systems serving other than transient
accommodation units.
(1) The following table is applicable to paragraphs
(2) and (3) of this subsection and shall be used to determine the
maximum daily demand for the various types of facilities listed.
Attached Graphic
(2) Groundwater supplies must meet the following requirements.
(A) Subject to the requirements of subparagraph (B)
of this paragraph, if fewer than 300 persons per day are served, the
system must meet the following requirements:
(i) a well capacity which meets or exceeds the maximum
daily demand of the system during the hours of operation; and
(ii) a minimum pressure tank capacity of 220 gallons
with additional capacity, if necessary, based on a sanitary survey
conducted by the executive director.
(B) Systems which serve 300 or more persons per day
or serve fewer than 300 persons per day and provide ground storage
must meet the following requirements:
(i) a well capacity which meets or exceeds the maximum
daily demand;
(ii) a ground storage capacity which is equal to 50%
of the maximum daily demand;
(iii) if the maximum daily demand is less than 15 gpm,
at least one service pump with a capacity of three times the maximum
daily demand;
(iv) if the maximum daily demand is 15 gpm or more,
at least two service pumps with a total capacity of three times the
maximum daily demand; and
(v) a minimum pressure tank capacity of 220 gallons
with additional capacity, if necessary, based on a sanitary survey
conducted by the executive director.
(3) Each surface water supply or groundwater supply
that is under the direct influence of surface water, regardless of
size, must meet the following requirements:
(A) a raw water pump capacity which meets or exceeds
the maximum daily demand of the system with the largest pump out of
service;
(B) a treatment plant capacity which meets or exceeds
the system's maximum daily demand;
(C) a transfer pump capacity (where applicable) sufficient
to meet the maximum daily demand with the largest pump out of service;
(D) a clearwell capacity which is equal to 50% of the
maximum daily demand;
(E) two or more service pumps with a total capacity
of three times the maximum daily demand; and
(F) a minimum pressure tank capacity of 220 gallons
with additional capacity, if necessary, based on a sanitary survey
conducted by the executive director.
(4) A noncommunity public water system that is an affected
utility shall meet the requirements of subsection (h) of this section.
(e) Water wholesalers. The following additional requirements
apply to systems which supply wholesale treated water to other public
water supplies.
(1) All wholesalers must provide enough production,
treatment, and service pumping capacity to meet or exceed the combined
maximum daily commitments specified in their various contractual obligations.
(2) For wholesale water suppliers, minimum water system
capacity requirements shall be determined by calculating the requirements
based upon the number of retail customer service connections of that
wholesale water supplier, if any, fire flow capacities, if required
by §290.46(x) and (y) of this title and adding that amount to
the maximum amount of water obligated or pledged under all wholesale
contracts.
(3) Emergency power is required for each portion of
the system which supplies more than 250 connections under direct pressure
and does not provide an elevated storage capacity of at least 100
gallons per connection. If emergency power is required, it must be
sufficient to deliver 20% of the minimum required service pump capacity
in the event of the loss of normal power supply. When the wholesaler
provides water through an air gap into the purchaser's storage facilities
it will be the purchaser's responsibility to meet all minimum water
system capacity requirements including emergency power.
(4) A wholesaler that is an affected utility must meet
the requirements specified in subsection (h) of this section.
(f) Purchased water systems. The following requirements
apply only to systems which purchase treated water to meet all or
part of their production, storage, service pump, or pressure maintenance
capacity requirements.
(1) The water purchase contract must be available to
the executive director in order that production, storage, service
pump, or pressure maintenance capacity may be properly evaluated.
For purposes of this section, a contract may be defined as a signed
written document of specific terms agreeable to the water purchaser
and the water wholesaler, or in its absence, a memorandum or letter
of understanding between the water purchaser and the water wholesaler.
(2) The contract shall authorize the purchase of enough
water to meet the monthly or annual needs of the purchaser.
(3) The contract shall also establish the maximum rate
at which water may be drafted on a daily and hourly basis. In the
absence of specific maximum daily or maximum hourly rates in the contract,
a uniform purchase rate for the contract period will be used.
(4) The maximum authorized daily purchase rate specified
in the contract, or a uniform purchase rate in the absence of a specified
daily purchase rate, plus the actual production capacity of the system
must be at least 0.6 gpm per connection.
(5) For systems which purchase water under direct pressure,
the maximum hourly purchase authorized by the contract plus the actual
service pump capacity of the system must be at least 2.0 gpm per connection
or provide at least 1,000 gpm and be able to meet peak hourly demands,
whichever is less.
(6) The purchaser is responsible for meeting all production
requirements. If additional capacity to meet increased demands cannot
be attained from the wholesaler through a new or amended contract,
additional capacity must be obtained from water purchase contracts
with other entities, new wells, or surface water treatment facilities.
However, if the water purchase contract prohibits the purchaser from
securing water from sources other than the wholesaler, the wholesaler
is responsible for meeting all production requirements.
(7) All other minimum capacity requirements specified
in this section and §290.46(x) and (y) of this title shall apply.
(g) Alternative capacity requirements. Public water
systems may request approval to meet alternative capacity requirements
in lieu of the minimum capacity requirements specified in this section.
Any water system requesting to use an alternative capacity requirement
must demonstrate to the satisfaction of the executive director that
approving the request will not compromise the public health or result
in a degradation of service or water quality and comply with the requirements
found in §290.46(x) and (y) of this title. Alternative capacity
requirements are unavailable for groundwater systems serving fewer
than 50 connections without total storage as specified in subsection
(b)(1) of this section or for noncommunity water systems as specified
in subsections (c) and (d) of this section.
(1) Alternative capacity requirements for public water
systems may be granted upon request to and approval by the executive
director. The request to use an alternative capacity requirement must
include:
(A) a detailed inventory of the major production, pressurization,
and storage facilities utilized by the system;
(B) records kept by the water system that document
the daily production of the system. The period reviewed shall not
be less than three years. The applicant may not use a calculated peak
daily demand;
(C) data acquired during the last drought period in
the region, if required by the executive director;
(D) the actual number of active connections for each
month during the three years of production data;
(E) description of any unusual demands on the system
such as fire flows or major main breaks that will invalidate unusual
peak demands experienced in the study period;
(F) any other relevant data needed to determine that
the proposed alternative capacity requirement will provide at least
35 psi in the public water system except during line repair or during
fire fighting when it cannot be less than 20 psi; and
(G) a copy of all data relied upon for making the proposed
determination.
(2) Alternative capacity requirements for existing
public water systems must be based upon the maximum daily demand for
the system, unless the request is submitted by a licensed professional
engineer in accordance with the requirements of paragraph (3) of this
subsection. The maximum daily demand must be determined based upon
the daily usage data contained in monthly operating reports for the
system during a 36 consecutive month period. The 36 consecutive month
period must end within 90 days of the date of submission to ensure
the data is as current as possible.
(A) Maximum daily demand is the greatest number of
gallons, including groundwater, surface water, and purchased water
delivered by the system during any single day during the review period.
Maximum daily demand excludes unusual demands on the system such as
fire flows or major main breaks.
(B) For the purpose of calculating alternative capacity
requirements, an equivalency ratio must be established. This equivalency
ratio must be calculated by multiplying the maximum daily demand,
expressed in gpm per connection, by a fixed safety factor and dividing
the result by 0.6 gpm per connection. The safety factor shall be 1.15
unless it is documented that the existing system capacity is adequate
for the next five years. In this case, the safety factor may be reduced
to 1.05. The conditions in §291.93(3) of this title (relating
to Adequacy of Water Utility Service) concerning the 85% rule shall
continue to apply to public water systems that are also retail public
utilities.
(C) To calculate the alternative capacity requirements,
the equivalency ratio must be multiplied by the appropriate minimum
capacity requirements specified in subsection (b) of this section.
Standard rounding methods are used to round calculated alternative
production capacity requirement values to the nearest one-hundredth.
(3) Alternative capacity requirements which are proposed
and submitted by licensed professional engineers for review are subject
to the following additional requirements.
(A) A signed and sealed statement by the licensed professional
engineer must be provided which certifies that the proposed alternative
capacity requirements have been determined in accordance with the
requirements of this subsection.
(B) If the system is new or at least 36 consecutive
months of data is not available, maximum daily demand may be based
upon at least 36 consecutive months of data from a comparable public
water system. A licensed professional engineer must certify that the
data from another public water system is comparable based on consideration
of the following factors: prevailing land use patterns (rural versus
urban); number of connections; density of service populations; fire
flow obligations; and socio-economic, climatic, geographic, and topographic
considerations as well as other factors as may be relevant. The comparable
public water system shall not exhibit any of the conditions listed
in paragraph (6)(A) of this subsection.
(4) The executive director shall consider requests
for alternative capacity requirements in accordance with the following
requirements.
(A) For those requests submitted under the seal of
a licensed professional engineer, the executive director must mail
written acceptance or denial of the proposed alternative capacity
requirements to the public water system within 90 days from the date
of submission. If the executive director fails to mail written notification
within 90 days, the alternative capacity requirements submitted by
a licensed professional engineer automatically become the alternative
capacity requirements for the public water system.
(B) If the executive director denies the request:
(i) the executive director shall mail written notice
to the public water system identifying the specific reason or reasons
for denial and allow 45 days for the public water system to respond
to the reason(s) for denial;
(ii) the denial is final if no response from the public
water system is received within 45 days of the written notice being
mailed; and
(iii) the executive director must mail a final written
approval or denial within 60 days from the receipt of any response
timely submitted by the public water system.
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