Division of Environmental Health Drinking Water Program

Engineering plan review (or plan review) and Department approval is required prior to constructing, modifying, and operating a public water system or part of one (see next section for how to know if a water system is public). The most common cases for needing prior engineering plan review and approval include the following:

• New public water system construction
• System modifications (changes to an existing public water system)
• Existing system operating without any prior approval (e.g., a private water system that is newly classified as a regulated public water system because of changes in the number of people it serves)
• Separation distance waivers (normally requested with approval to construct but could be a stand-alone request)

Engineering plan review is not required for an emergency repair, routine maintenance, or to install or modify a single service line. Drinking Water regulations 18 AAC 80.1990(a) define these terms as follows:

• "emergency" means an unforeseen event that causes damage to or disrupts normal operations of a public water system and requires immediate action to protect public health and safety
• "routine maintenance" means activity normally required to maintain the components of a public water system in good working order; "routine maintenance" includes the replacement of a pump, 40 feet or less of pipe, a valve, valve coating, a hydro-pneumatic tank, or a storage tank; "routine maintenance" does not include changes that affect the system's configuration, material, treatment, or capacity 
  • Notes: 40 feet of pipe is used because it allows for two 20-foot standard lengths of pipe to be replaced in the distribution system when making a repair; storage tank replacement is interpreted to apply only to small tanks (less than 500 gallons)

• "service line" means the pipe works that extend from a water distribution main line to a single service connection

Engineering plan review is also not required for private water systems (see next section for water system classification information).

If there is any question about the need for engineering plan review, please contact the Drinking Water Program (see last section for link to contact information). In some cases, when a project scope is very small, DEC may be able to issue an approval informally via email.

If the water for the system comes from its own source (such as a well or surface water intake), is used for drinking, bathing, cooking, showering, dishwashing, maintaining oral hygiene, or other similar uses, and is used by a daily average of 25 people or more (be it residents, employees of a business, customers, or the public at large), the water system may be public. In the case above, even if the water system does not have its own source (e.g., purchases water from another public water system) but has water treatment or charges for the water, it may still be classified as public. In these cases, or if you are not certain, please submit a classification form to the DEC Drinking Water Program for a formal classification/determination of the type of water system you have; the form can be found here: https://dec.alaska.gov/media/tt3obhlt/dec-dw-classification-form-fillable.pdf. More information on what constitutes a public water system can be found at https://dec.alaska.gov/eh/dw/information/. You can also contact our office (see last section for link to contact information) if you have any questions about submitting a classification form.

The classification form should be sent to the DEC regional office serving the area where the water system is located via their dedicated engineering plan submittal email (see DEC contacts link below). After the form is submitted and reviewed, the Drinking Water Program will reply with the determination of the system classification. If the water system is classified as private, it will not be regulated by the State of Alaska Drinking Water Program. If the water system is classified as public and it does not have written approval to operate at the newly determined public water system classification, the water system will need engineering plan review to obtain approval to operate.

An engineer licensed in Alaska will be required to submit design information about the system or project to include in the approval to construct request. Persons with professional engineering licenses in Alaska can be found here: https://www.commerce.alaska.gov/cbp/main/Search/Professional. The following actions can help DEC provide the most efficient review possible:

• The owner or design engineer can contact DEC early in the project planning process and ask questions. It is harder to make design corrections for a project as it approaches the completion of the design process. DEC engineers can be available for pre-plan review meetings at the conceptual, 35%, or 65% design stage, if needed.
• Use the engineering plan review checklists (found here: https://dec.alaska.gov/eh/dw/engineering/plan-review-checklist/) to ensure the submittal is complete. The checklists on the DEC Drinking Water Program website are the latest versions and supersede all previous versions; they are updated as necessary. Ensure the latest versions are used. See the next section for more on the checklists.
• Identify and verify all required separation distances between water system components and potential sources of contamination are met (see 18 AAC 80.020 here: https://dec.alaska.gov/media/5drb2gdl/18-aac-80.pdf), and if a minimum separation distance cannot be met, ensure a separation distance waiver is requested. Undisclosed separation distance issues to potential contaminant sources are the most common reason projects are delayed. If a separation distance waiver is needed, it is most efficient to address it during the construction approval process to avoid project delays.
• Maintain good communication between the project engineer and the water system owner. Even though DEC typically communicates with the project engineer about the plan review process, since they usually compile and submit the technical details needed for our review, the owner of the water system is ultimately responsible for making sure engineering plans are submitted for DEC review, ensuring Department approvals are received for their projects, and keeping track of key project tasks and DEC requirements. Note: DEC strives to always keep the owner of the public water system apprised of communication between their engineer and DEC.
• Obtain needed approvals prior to construction. It is much harder, and sometimes impossible, to address issues after a system is constructed. Moreover, the public water system may be subject to a Notice of Violation from DEC if construction or operation proceeds without prior DEC approval.

The checklists are based on the plan review requirements in the State of Alaska Drinking Water regulations, 18 AAC 80 (amended as of October 1, 2023), and on relevant regulatory guidance or references of standard engineering practice. The checklists are intended to be used as guidance documents. They are used by DEC to help evaluate the completeness of the submittal and to help find key elements for our review in the submitted engineering plans, reports, and specifications. Providing the information in the checklists may not constitute a complete submittal; additional project information, not identified in the checklists, may be requested by DEC as a part of the plan review process.

Following is a general description of the types of checklists used for DEC drinking water engineering review:

• Application (Checklist 0.0 or 0.0a): All projects require one of these checklists as explained here:
  • Checklist 0.0 consists of the following elements:
    • Facility Information Form: This form collects basic information about the public water system, contact information for the owner and operator, and name of the project that needs approval. The Owner's Statement section must be signed by the owner of the public water system (or duly authorized employee) as the applicant of the approval request.
    • Project Information Form: This form gathers information on the project's design engineer, more details on the public water system, and other information needed to assess submittal completeness and plan review fees. Section III of the form is used to determine other checklists that may be needed for the review. Determining which checklists are applicable is based on the type of project and components of the water system needing approval. In addition to the checklist title, the text at the top of each of the checklists further explain the purpose of and includes instructions for the checklist.
  • Checklist 0.0a is the Applicant Certification Form. This form must be used in lieu of Checklist 0.0 when an applicant other than the public water system owner is requesting a separation distance waiver to a public water system component for a potential source of contamination that is owned by the applicant or located on the applicant's property. It must be signed by the owner of the potential source of contamination or property where the potential source of contamination is located. This is the only case this checklist is used.
  • Other checklists: The remaining checklists cover most components of a public water system and cases when separation distance waivers are needed. The general checklist (Checklist 1.0) is used for all projects except when a submittal is requesting a stand-alone separation distance waiver. The remaining checklists are used as needed depending on the scope of the request. Complete all applicable checklists checked off in Section III of the Project Information Form (in Checklist 0.0). If an item on the checklist does not apply to the project or system, indicate on the checklist why the item does not apply. If an element of the project design or existing water system cannot comply with the Drinking Water regulations, the submitting engineer must explain why the regulations cannot be met and justify how the proposed design, existing water system, or component is protective of public health.

Submit engineering plans requesting approval as far in advance as possible from the time construction is expected to commence. Approval to construct requests should be received at least 30 days before the proposed start of construction or modification of a public water system or part of one and at least 60 days for a public water system project involving State or Federal monetary assistance (18 AAC 15.020).

Submittals should be in electronic format (Adobe PDF is preferred). If the submittal is greater than 15 MB the submitter can send a zipped file or use the DEC file transfer website, Alaska ZendTo, at https://drop.state.ak.us/drop/. DEC may contact the submitting engineer to request hard copies for reviewing certain projects or parts of projects.

The approval request should be sent to the dedicated engineering plan submittal email for the regional office serving the area where the water system is located; the email addresses, telephone numbers, and the coverage map for the regional offices can be found here: https://dec.alaska.gov/eh/dw/contact/ (the map is at the bottom of the page and contact information is under the Engineering Staff Contacts tab).

Questions can be emailed to the regional office, or you may call the environmental program specialist (EPS) for the regional office listed in the Engineering Staff Contacts tab.

The duration of a plan review can vary greatly depending on office workload, staffing, and completeness of the submittal. When a submittal is received, it is checked for completeness. If key elements are missing, the applicant will be notified with information on how to complete it.

In accordance with the Drinking Water regulations, DEC will make every effort to issue its approval or denial of requests within 30 days after receiving a complete submittal. Interim approval to operate requests are typically reviewed in a few days. Final approval to operate requests are reviewed as soon as feasible based on office staffing and office workloads. Please note that once a complete final approval to operate request is received, DEC will administratively extend the interim operational approval(s) until a final approval to operate is granted (more details on interim and final approvals to operate are found in sections below). Approval will not be granted until the submittal is complete, the review comments have been addressed, and the fee is paid.

A submittal requesting approval to construct needs to include a cover letter briefly explaining the project and requesting approval to construct, engineering design drawings, project specifications, an engineer's report, design calculations, and other relevant information requested in the checklists. All of these items in combination are required in the engineering plans (as per 18 AAC 80.205).

There is a fee for the approval to construct review. After the submittal is received, DEC will email an invoice for the fee. The fee amount may be estimated using the fee calculation form, which can be found here: https://dec.alaska.gov/media/yyvd5tam/plan-review-invoice.pdf.

The engineer's report (or cover letter if it also constitutes the report), engineering drawings, and engineering specifications must be stamped signed and dated by the Alaska registered professional engineer (P.E.) in responsible charge for the project. Engineering drawings must be submitted with each page sealed, signed, and dated by the Alaska licensed P.E.; DEC will use the engineering plans to verify public water system projects and waivers meet minimum engineering standards and state and federal drinking water regulations.

The following checklists are used for construction approval review (see checklist section above for more detail):

1. Facility Information and Project Information forms (Checklist 0.0)
2. General Checklist (Checklist 1.0)
3. Other relevant checklists depending on proposed water system components or type of system (see checklist section above)

During DEC's review, the owner and their engineer may be contacted for any additional information needed, in addition, it may be determined during the review that design changes are needed to bring the system or project into compliance with regulatory requirements. Once DEC's review is complete, a construction approval letter is sent to the owner and their engineer, after which construction may start. Construction approvals are valid for 2 years (see section below for more details on duration).

A separation distance waiver is needed when the separation distance requirements between a water system component (e.g., well or water main) and a potential source of contamination (e.g., septic system, sewer main, or fuel tank) cannot be met within the project design or system.

To request a separation distance waiver when the request is part of a project (approval to construct or operate), checklist 7.0 or 7.1 will need to be included in the submittal, as applicable. If the separation distance waiver is not associated with a drinking water project, a waiver-only request will require checklists 0.0 or 0.0a and 7.0 or 7.1, as applicable (see checklist section above).

Each waiver request must include a report and set of plans (drawings) that are sealed, signed, and dated by a professional engineer licensed in Alaska [see 18 AAC 80.020(c)]. There is a review fee for waivers. A waiver approval will require documentation be submitted after construction showing the construction or mitigation measures used to justify the waivers were met. These may be required as part of an operational approval request (if waiver is part of a drinking water project) or as stand-alone submittals if it is a waiver-only project.

Construction approvals are valid for two years from the date of the approval letter. If during the two-year period the site conditions, plans, and design specifications do not change, an extension may be issued prior to expiration of the approval and after payment of the fee required by 18 AAC 80.1910(a)(12). If the construction approval expires and is still needed, plans and information required under 18 AAC 80.200(b) must be resubmitted for Department review and approval.

If a design change is needed before or during construction, contact DEC (ideally the same DEC engineering staff that reviewed the construction approval) to find out if a construction change order is needed. Information needed for a change order will likely include an explanation of why the change is needed and how the change meets the regulatory requirements including revised drawings, specifications, and calculations. A fee may apply for a construction change order depending on the scope of the proposed change. After review, the construction change order approval (or denial) will be issued by letter or email based on the scope of the change.

If a water system is already in operation and does not have approval to operate, such as a system recently classified as a public water system that was previously operating as a private system, an approval to operate is required and must be requested as soon as possible. Work with a professional engineer licensed in the state of Alaska to submit a request for approval to operate. The submittal should address all applicable items in the checklists for the water system as constructed (see approval to construct section above) even if no construction is planned; this allows DEC to evaluate the capacity of the system to provide water to the public that meets all regulatory requirements. Instead of design drawings, the submittal will need to include record drawings of the water system for review of the approval.

Use the checklists that apply to the components of the existing water system. It is highly recommended that the engineer contact DEC prior to submitting the request to confirm the submittal will have all the necessary elements. If the engineer determines changes are needed for the system to meet drinking water regulations, an approval to construct may be required prior to making the changes; check with an engineer in the regional office to confirm before starting any construction or modification.

An operational approval is required prior to making water available to the public from any newly constructed or modified public water system or components. For projects that have received prior construction approval, the construction approval letter will indicate all items and information needed to request operational approval.

For projects that have not received prior construction approval, contact a DEC engineer to discuss how to get approval to operate the system or project; the requirements will be on a case-by-case basis.

Interim approval to operate allows the public water system to start producing water or using the newly constructed components to provide water to the public on a temporary basis (typically for 90 days). This allows the public water system time to gather or prepare any remaining information necessary for requesting final approval to operate (such as preparing record drawings).

In some cases, interim approval is not needed, and an engineer may request final approval to operate directly prior to making water available to the public. In other cases, DEC will require that a project receive interim approval to operate for an extended period before a final approval to operate can be issued (e.g., in cases where a new treatment system needs to provide performance data as part of final approval to operate); this requirement would be clearly noted in the construction approval letter.

After a project is substantially constructed, interim approval to operate is typically requested by the registered engineer in responsible charge of the project (the request may come from the public water system; however, some documentation may need review by the engineer in responsible charge prior to submitting) to allow the system to operate on a temporary basis. Submittal requirements for interim approval to operate will be stated in the letter granting approval to construct. Generally, the following minimum information must be provided with the request; however, additional project-specific information may also be needed as outlined in the construction approval letter:

• Letter requesting interim approval to operate
• Verification construction has been substantially completed as approved
• Documentation that conditions of approval to construct were met
• Verification that the constructed components were flushed and properly disinfected prior to first use
• Results of any required tests (e.g., water quality tests, pressure tests, etc.)

Once DEC's review of the request is complete, an interim approval to operate letter will be sent to the owner and engineer. After receiving the approval letter, final connections can be made to existing components of the public water system (as applicable) and operation can start.

Interim approval to operate is typically valid for 90 days and is always stated in the interim approval to operate letter. If it is known up front that more time will be needed, that should be indicated when requesting the interim approval to operate. Alternatively, an extension of the interim approval to operate may be requested before the interim approval expires. DEC may require interim approval to operate for an extended period (see above section "When is interim approval to operate and final approval to operate needed?" for more information on extended interim approval to operate).

Submittal requirements and conditions for receiving final approval to operate will be specified in the approval to construct letter. Additional information and updated requirements may be stated in construction change order approval or interim approval to operate letters (as applicable). Note: If interim approval to operate is not requested prior, then all items listed in the construction approval letter for interim approval to operate must be included with the final approval to operate request.

If interim approval to operate is granted, final approval to operate must be requested prior to expiration of the interim approval to operate. Once a complete request for final approval to operate is received by DEC, the interim approval to operate is automatically extended until DEC issues final approval to operate.

Typically, the following minimum information must be provided in the request for final approval to operate; however, additional project-specific information may also be needed:

• Letter requesting final approval to operate
• Record drawings as defined in 18 AAC 80.1990(a)(119) and conforming to 18 AAC 80.210(f) must be submitted with the following:
  • Each page labeled record drawing and sealed, signed, and dated by the registered engineer in responsible charge
  • All construction changes clearly shown
  • Note: Any disclaimer included on the record drawings must contain a date, and signature, printed name, and license number of the engineer. DEC will not be able to accept blanket disclaimers absolving the engineer of all responsibility for the accuracy of drinking water system information in the record drawings. Such disclaimers would limit the usefulness of the record drawings, which are used by DEC to confirm the project, as constructed, meets the requirements of 18 AAC 80, provides public health protection, and meets all written terms and conditions set by the Department for the construction and operation of the project or system (as applicable).
• Additional requirement for new public water systems:
  • New public water systems are required to have a sanitary survey completed by a third-party surveyor or have a Public Water System Inventory Form completed by the registered engineer in responsible charge. Sanitary survey information can be found here: https://dec.alaska.gov/eh/dw/sanitary-survey/, and the Public Water System Inventory Form and an associated field guide can be found at: https://dec.alaska.gov/eh/dw/forms/.

Once DEC's review is complete, a final approval to operate letter will be sent to the owner and engineer. Final approval to operate allows the system to operate for the life of the project. An approval to operate does not relieve the owner of the responsibility to operate and maintain the public water system in compliance with the Drinking Water regulations, 18 AAC 80 (link here: https://dec.alaska.gov/media/5drb2gdl/18-aac-80.pdf).

• Classification form: https://dec.alaska.gov/media/tt3obhlt/dec-dw-classification-form-fillable.pdf
• Public water system: https://dec.alaska.gov/eh/dw/information/
• Professional engineers: https://www.commerce.alaska.gov/cbp/main/Search/Professional
• Engineering plan review checklists: https://dec.alaska.gov/eh/dw/engineering/plan-review-checklist/
• Regulations: https://dec.alaska.gov/media/5drb2gdl/18-aac-80.pdf
• DEC file transfer website (Alaska ZendTo): https://drop.state.ak.us/drop/
• DEC Drinking Water Program contact information: https://dec.alaska.gov/eh/dw/contact/
• Fee calculation form: https://dec.alaska.gov/media/yyvd5tam/plan-review-invoice.pdf
• Sanitary survey information: https://dec.alaska.gov/eh/dw/sanitary-survey/
• Public Water System Inventory Form and associated field guide: https://dec.alaska.gov/eh/dw/forms/