On-site Nonpotable Water Systems Rulemaking

What's Happening?

The Department of Health (department) adopted a new chapter in Title 246, Department of Health, on November 2, 2026. The adopted rules establish general administrative procedures, treatment and performance requirements, allowable source water, end uses and implementation scales, design and construction standards, monitoring, reporting, and recordkeeping requirements, as well as operation and maintenance requirements for on-site nonpotable water systems (ONWS). The adopted rules also establish procedures for enforcement and violations, as well as set fees.

The rules become effective on December 3, 2026.

Adopted Rule Documents

Rulemaking Timeline

  • August 2021 – Start rulemaking
  • February 2023 – First informal comment period
  • April 2024 – Withdraw original CR-101, file new CR-101
  • September 2025 – Second informal comment period
  • September 2026 – Formal comment period and public hearing
  • November 2026 – Rulemaking complete

Rulemaking Files

Document What's This? Date Filed
CR-101 (PDF) Announces intent of rulemaking. August 9, 2021
CR-101 Withdrawal Memo (PDF) Serves as notice that the original CR-101 was withdrawn. April 16, 2024
CR-101 – 2nd filing (PDF) Announces intent of rulemaking. April 16, 2024
ONWS Rule Language for Informal Public Comment (Word) Draft changes for informal public comment period. Comments are due by October 8, 2025.  
CR-102 – Proposed Rulemaking (PDF) Announces proposed permanent rulemaking. August 4, 2026
Significant Analysis (PDF) Cost-benefit analysis that demonstrates that the agency has fully considered the need for the rule and has selected the rule as the best alternative to ensure public health and safety.  
Small Business Economic Impact Statement (PDF) Analysis of the compliance costs of the rule and its impact on small businesses.  
Economic Impact Analysis Fee Report (PDF) Summary of how the department determined new fees for ONWS.  
CR-103P: Rulemaking Order Announces adopted permanent rulemaking. November 2, 2026
Concise Explanatory Statement Provides a summary of comments received and the department’s responses.  

Contacts

Kseniya Efremova, Rules Coordinator, 360-236-3449

Mamdouh El-Aarag, Subject Matter Expert, 509-329-2148

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