R309-400-11. Administrative Issues

  Points in this area shall be assessed at the time that the failure occurs or upon notification of the Director, and shall remain until the issue is resolved unless otherwise specified.

  (1) Administrative Data -

  (a) A water system, that has not designated a person or organizational official responsible for the system including a current address and phone number,10 points shall be assessed.

  (b) A water system project constructed without proper plan approval, 50 to 200 points shall be assessed based on an evaluation of the project which shall include the structural or engineering integrity of the project; whether the plans and specifications were prepared and stamped by a licensed professional engineer; the adequacy of the materials used and the impact on the operation of the water system (good or bad).

  (2) A water system with a current written Emergency Response Program shall be credited 10 points that shall remain on record as long as the Program remains current.

  (3) A water system with a written Financial Management Plan including an appropriate rate structure, infra-structure replacement fund, and master plan shall be credited 10 points that shall remain on record as long as the Plan is current.

  (4) Sampling Site Plans:

  (a) A water system, which does not have an adequate bacteriological sampling site plan, 5 points shall be assessed.

  (b) A water system, which does not have a lead/copper sampling site plan, 10 points shall be assessed.

  (5) Customer Complaint:

  (a) 25 to 100 points may be assessed for valid and documented customer complaints. The customer complaints include but are not limited to the following:

  (i) Turbidity;

  (ii) Pressure;

  (iii) Taste and Odor;

  (iv) Sickness (water suspected); and

  (v) Waterborne Disease Outbreak (R309-104-9).

  (vi) Periods of Water Outage

  (b) The number of points shall be based upon the extent and documentation of the problem and the potential impact to public health. The documentation shall consist of an investigation by Department of Environmental Quality, Department of Health or Local Health Department personnel and may include an epidemiological study linking the drinking water to reported outbreaks of illness where appropriate.

  (c) In the case of a documented waterborne disease outbreak, the water system shall automatically be rated Not Approved for at least the duration of the threat to the quality of the drinking water and as long as it takes the water system to correct any deficiency that caused the outbreak.

  (d) Points shall only be assessed once per issue and shall not be additive based on the number of calls per issue. These points shall be assessed and updated upon verification of the complaint by the Director and shall remain on record until the issue or deficiency no longer exists. Points may have already been assessed in other areas as appropriate.

  (6)(a) The Director may issue directives to a water system that include, but are not limited to the following:

  (i) Administrative Orders;

  (ii) Rule defined action;

  (iii) Rule defined compliance schedule;

  (iv) Variance/Exemption requirements;

  (v) Bilateral Compliance Agreement;

  (vi) Notice of Violation and Compliance Order; and

  (vii) Compliance Action/Enforcement Order.

  (b) If the water system does not comply with the directive, the Director may assess 25 to 200 points to the water system. Points shall be assessed based upon the severity of the non-compliance, the threat to public health and the underlying basis for the original directive.

  (7) Data Falsification - The Director may assess a water system points for data falsification. The water system may be assessed 25 to 200 points for each occurrence based upon:

  (a) the severity of the falsification;

  (b) the threat to public health;

  (c) the intent of the water system personnel; and,

  (d) the type of falsification.

  (i) Reports only good data

  (ii) Doctored results from the laboratory

  (iii) Non-valid sample

  Data reported to the Director includes but is not limited to Water Treatment Plant Reports, Disinfection Reports, bacteriological and chemical analyses, and Annual Reports. This assessment of points shall be in addition to any other penalty provided by law.

  (8) Water Hauling:

  (a) For a community water system that is hauling water as a permanent method of culinary water distribution, 150 points shall be assessed. R309-550-10(1).

  (b) For a non-community system that is hauling water as a permanent method of culinary water distribution without approval from the director, 150 points shall be assessed. R309-550-10(2).

  (c) For a water system, which has been granted an exception to haul water, if any part of the water hauling guidelines is not followed, 50 points shall be assessed. R309-550-10.