The following is an excerpt from 310 CMR 22.00, the Massachusetts Drinking Water Regulations. This is not an official copy of the text. Please read our Disclaimer .
22.23: Use of Non-Centralized Treatment Devices and Bottled Water
(1) Public water systems shall not use bottled water to achieve compliance with an MCL listed in 310 CMR 22.00. Bottled water may be approved by the Department for use on a temporary basis to avoid any unreasonable risk to health.
(2) Public water systems using bottled water as a condition of obtaining an exemption from the requirements of 310 CMR 22.07B(1) and 310 CMR 22.07A, and 310 CMR 22.06(16) must meet the requirements in 310 CMR 22.14(25).
(3) Public water systems that use point-of-use or point-of-entry devices as a condition of receiving an exemption must meet the requirements in 310 CMR 22.14(27).
(4) Public water systems may use Point of Use (POU) and/or Point of Entry (POE) devices to comply with a MCL in 310 CMR 22.00, provided the system receives the prior written approval of the Department in accordance with 310 CMR 22.04 and complies with the following minimum requirements:
(a) The POU or POE device shall be owned , controlled, operated and maintained by the public water system in accordance with 310 CMR 22.00.
(b) The POU or POE device shall be equipped with mechanical warnings device to ensure that customers are automatically notified of operational problems.
(c) The POU or POE device is included in the Department's approved list of technologies for small systems and approved by the Massachusetts Board of Plumbers and Gasfitters.
(d) The POU or POE device shall be installed in conformance with 248 CMR 2.00, Uniform State Plumbing Code.
(e) The public water system shall submit to the Department for review and approval a monitoring plan that ensures that the devices provide health protection equivalent to that provided by central water treatment.
(f) The public water system must apply effective technology under a Department approved plan. The microbiological safety of the water must be maintained at all times.
(g) The public water system shall ensure that buildings connected to the system have sufficient point-of-use or point-of-entry devices that are properly installed, maintained, and monitored such that all consumers will be protected.
(h) The POU or POE device has an adequate certification of performance including field testing or the device has undergone a rigorous engineering design review.
(i) The design and application of the point-of-use and/or point-of-entry devices consider the potential for increasing concentrations of heterotrophic bacteria in water treated with activated carbon. It may be necessary to use frequent backwashing, post-contractor disinfection, and Heterotrophic Plate Count monitoring to ensure that the microbiological safety of the water is not compromised.
(j) Each building connected to the system must have a POU or POE device that is properly installed, maintained, and monitored. Each building is subject to treatment and monitoring, and the rights and responsibilities of the public water system customer convey with title upon sale of property.
(5) With prior written approval of the Department in accordance with 310 CMR 22.04(1), a POE or POU device may be installed in a facility to meet an action level, treatment technique in lieu of an MCL, or other requirements of 310 CMR 22.00. The facility, upon the installation of the POE or POU device, shall constitute a consecutive public water system as defined in 310 CMR 22.02, provided the facility meets the definition of a public water system as defined in 310 CMR 22.02. A consecutive system that installed a POU or POE device in accordance with 310 CMR 22.23(5) is subject to all of the requirements of 310 CMR 22.00 unless said system complies with 310 CMR 22.23(6)(a) through (i) and demonstrates to the Department's satisfaction that it meets the criteria in 310 CMR 22.03(3)(b) through (e).
(6) If a POE device is installed in a facility solely to enhance the aesthetic quality of the drinking water and, because of the installation of such a device the facility meets the definition of a public water system in 310 CMR 22.02, it shall constitute a consecutive public water system subject to all of the requirements of 310 CMR 22.00, unless the system complies with the following minimum requirements:
(a) the facility shall advise the Department and the supplying public water system in writing of the intended installation of the device;
(b) the facility shall be responsible for the operation and maintenance of the device, subject to adequate oversight by the supplying public water system;
(c) the facility shall comply with the requirements of the supplying public water system;
(d) the facility shall provide a detailed written notification of the installation of the POE device to the local health authority having jurisdiction over the facility;
(e) the facility shall only use POE devices approved by the Board of State Examiners of Plumbers and Gasfitters;
(f) the facility shall install the POE device in accordance with 248 CMR 2.00, Uniform State Plumbing Code;
(g) the facility shall monitor the quality of water as specified by the supplying public water system, the Department or the local health authority;
(h) the facility shall ensure that any wastewater discharge complies with all applicable federal, state and local regulations, and
(i) the facility shall maintain the microbiological quality standards of the water at all times as specified at 310 CMR 22.05.
(7) The Department may require any facility or other entity meeting the requirements of 310 CMR 22.23(5) and (6) to comply with any or all other requirement of 310 CMR 22.00, if the Department determines that such action is necessary to protect the health of the consumers of water.