25.0403.5 Application for Approval to Construct

Cite as [A.S.A.C. § 25.0403.5]

(1) A person or public utility shall not start to construct a new public water system, modify an existing facility, including an extension to an existing public water system, or make an alteration that will affect the treatment, capacity, water quality, flow, distribution, or operational performance of a public water system before receiving an Approval to Construct from AS-EPA. Designing or consulting engineers may confer with AS-EPA before proceeding with detailed designs of complex or innovative facilities. The following provisions shall apply:

(a) An application for Approval to Construct, including the following documents and data, shall be submitted to AS-EPA:

1. Detailed engineering design drawings of the site and work to be done, presented in legible form and of sufficient scale, to establish construction requirements to facilitate effective review;

2. Complete engineering specifications to supplement engineering drawings, including materials specifications, special provisions for construction methods and manufacturers’ installation recommendations;

3. A design report that describes the proposed construction and basis of design, provides design data and other pertinent information that defines the work to be done, and establishes the adequacy of the design to meet the system demand;

4. Complete baseline monitoring of a proposed new source of water that includes:

a. Microbiological; physical; radiochemical; inorganic, organic, and volatile organic chemicals; and

b. Microscopic particulates if the source is suspect of being ground water under the direct influence of surface water; and

5. Other pertinent data required to evaluate the application for Approval to Construct.

(b) All engineering drawings, specifications, and design reports submitted for a public water system shall be prepared by, or under the supervision of, a registered professional engineer and have the seal and signature of the engineer affixed to them.

(2) AS-EPA shall act upon a complete Approval to Construct application submitted for approval within 30 days after its receipt. If AS-EPA fails to act upon a completed application within 30 days then the initial review requirement, approval to construct, shall be waived. However, other reviews will not be waived and the requirements of sections 25.0403.6 through 25.0403.9 must be met. Waiving the requirements of obtaining an Approval to Construct does not waive the requirements to meet the minimum design criteria in these regulations or the requirement to meet criteria consistent with good engineering practice.

(3) AS-EPA shall issue an Approval to Construct only when the following conditions have been met:

(a) Engineering drawings and specifications submitted to AS-EPA demonstrate that the proposed public water system can be reasonably expected to comply with this Chapter, including the Maximum Contaminant Levels (MCLs) in the American Samoa Primary Safe Drinking Water Standards (ASPDWS); and

(b) The water system is in compliance with this Chapter or can be reasonably expected to return to compliance with this Chapter as a result of the proposed construction.

(4) An Approval to Construct becomes void if an extension of time is not granted by AS-EPA within 90 days of any one of the following:

(a) Construction does not begin within one year after the date the Approval to Construct is issued, or

(b) There is a halt in construction of more than one year, or

(c) Construction is not completed within three years after the date construction begins.

History: Rule 1-08, eff 1 Jun 08.