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 Order with Permanent Rule Language
- CR-103P: Rulemaking Order -permanent rule language.
- Concise Explanatory Statement - provides a summary of comments received and the department’s responses.
- Significant Analysis
- Small Business Economic Impact Statement
- Economic Impact Analysis (PDF)
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| CR-101 Withdrawal Memo (PDF) | Serves as notice that the original CR-101 was withdrawn.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
Sign up to receive occasional email notices related to this rulemaking and on-site nonpotable water treatment.