RCW 70A.125.060: Public water systems—Mandate—Conditions for approval or creation of new public water system—Department and local health jurisdiction duties.

(1) To assure safe and reliable public drinking water and to protect the public health:

(a) Public water systems shall comply with all applicable federal, state, and local rules and prior to a change of ownership:

(i) Provide notification to:

(A) The county in which any water system is located;

(B) Any water district or public utility district operating water systems within such county; and

(C) Any adjacent public water systems, as defined in RCW 70A.125.010; and

(ii) For any change in ownership of a water system, inform customers of the acquisition by mailed notice or public posting at least 90 days prior to the acquisition, and provide customers with a good faith estimate of future capital improvements and water system rate changes;

(b) Group A public water systems shall:

(i) Protect the water sources used for drinking water;

(ii) Provide treatment adequate to assure that the public health is protected;

(iii) Provide and effectively operate and maintain public water system facilities;

(iv) Plan for future growth and assure the availability of safe and reliable drinking water;

(v) Provide the department with the current names, addresses, and telephone numbers of the owners, operators, and emergency contact persons for the system, including any changes to this information, and provide to users the name and 24 hour telephone number of an emergency contact person;

(vi) Submit water system plans, small water system management plans, or engineering documents as required by the department; and

(vii) Take whatever investigative or corrective action is necessary to assure that a safe and reliable drinking water supply is continuously available to users.

(2) No new group A public water system may be approved or created unless: (a) It is owned or operated by a satellite system management agency established under RCW 70A.100.130 and the satellite system management system complies with financial viability requirements of the department; or (b) a satellite management system is not available and it is determined that the new system has sufficient management and financial resources to provide safe and reliable service. The approval of any new system that is not owned by a satellite system management agency shall be conditioned upon future management or ownership by a satellite system management agency, if such management or ownership can be made with reasonable economy and efficiency, or upon periodic review of the system's operational history to determine its ability to meet the department's financial viability and other operating requirements. The department and local health jurisdictions shall enforce this requirement under authority provided under this chapter, chapter 70A.100 or 70.05 RCW, or other authority governing the approval of new water systems by the department or a local jurisdiction.

(3)(a) No new group B public water systems that are described by any of the criteria in (a)(i) through (iv) of this subsection may be approved or created unless it is owned or operated by a satellite system management agency consistent with the requirements applicable to group A public water systems:

(i) The group B public water system is required to provide treatment to meet water quality standards;

(ii) The group B public water system provides fire flow;

(iii) The group B public water system has atmospheric storage; or

(iv) The group B public water system serves 10 or more service connections.

(b) The local board of health may adopt, under RCW 70.05.060 or 70.46.060, more stringent satellite management system requirements than the requirements of (a) of this subsection.

(c) For group B water systems, the department and local health jurisdictions shall enforce the requirements of this subsection under authority provided under this chapter, chapter 70A.100 RCW or 70.05 RCW, or other authority governing the approval of new water systems by the department or a local jurisdiction.

(4) The department and local health jurisdictions shall carry out the rules and regulations of the state board of health adopted pursuant to RCW 43.20.050(2) (a) and (b) and other rules adopted by the department relating to public water systems.