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HomeMy WebLinkAboutOrd2012-009 WITHDRAWN WITHDRAWN Sponsored by: Casagranda Introduction: September 10, 2012 ire. Introduction Postponement: September 24, 2012 Introduction Postponement: January 14, 2013 Motion Withdrawn: January 14, 2013 CITY OF SEWARD, ALASKA ORDINANCE 2012 -009 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ESTABLISHING CRITERIA FOR SUBSTANCES ADDED TO PUBLIC DRINKING WATER FOR PURPOSES UNRELATED TO POTABILITY WHEREAS, contrary to public assumption, the U.S. Environmental Protection Agency (EPA) gave up all enforceable oversight responsibilities for direct water additives in 1988, and there are now no federal safety standards; and WHEREAS, the voluntary industry self - regulation standard, known as ANSUNSF Standard 60, that has been adopted by the State of Alaska is established and administered by a non- governmental body with no direct responsibility to health agencies or consumers; and WHEREAS, previously 95% of the products added to drinking water for purposes of treating humans were obtained from U.S. sources, and now products are more frequently sourced from China, Japan, Russia, and Mexico with no requirement for batch testing for content and impurities, or disclosure of origin; and WHEREAS, public policy discussions of the prospects of adding lithium to the public water for the purpose of altering human mood imbalances and reducing suicides, and statin drugs for the purpose of affecting human cholesterol, rather than making water more potable, have increased along with water operators initiating the use of, halting the use of, and making changes in the use of, fluoridation products; and WHEREAS, licensed water operators are trained to measure and manage for appropriate potability and an additive's effectiveness at fulfilling goals of disinfection, and pH balance, etc., but have no measuring device for, nor are they tasked to evaluate, results of an applied medication intended to treat humans; and WHEREAS, it is essential that the contents and impurities of any chemical transported to and stored in our community in its raw undiluted state are fully identified for first responders, emergency remediation and response teams, risk management, homeland security, environmental impact, and for accurate assessments for both contaminant quality controls and appropriate permitting. NOW, THEREFORE, THE CITY OF SEWARD ORDAINS that: CITY OF SEWARD, ALASKA ORDINANCE 2012 -009 Section 1. Seward City Code is hereby amended to add Section 14.10.090 to read as follows: (5tr-i1ethr-eeghs = deletions and are bold; Underline = additions and are bold Italic) Chapter 14.10 Water 14.10.090 Requirements for substances added to public drinking water for purposes of treatment or disease prevention for consumers, unrelated to water potability: A. Accountability To assure that the city, or any public water system operator providing water service on behalf of the city, selects a product that is consistent with legislative intent that may be enacted by city council for treating disease or effecting the bodily functions of the consumer to prevent disease, rather than making water more potable, the water system operator shall purchase and administer substances for that purpose from only such chemical manufacturer or responsible entity in the chain of delivery of the product that shall provide the following declaration for their product, which the water system operator shall make readily accessible to the public: "This specific product when ingested by consumers in dilution amounts consistent with concentration goals in water established by safe drinking water regulation for the product, is effective at treating the legislatively- identified specific disease or health condition, or effecting the bodily functions to prevent the specific adverse health condition in consumers, consistent with fulfilling the stated legislative intent for this product's use, and is safe for the full range of expected human consumption at these dilution ranges, without known or anticipated adverse health effects over a lifetime. including for infants, children, the elderly, and other populations afforded equal protection." B. Transparency/Disclosure The public water system operator shall require as a condition of purchase that the manufacturer of a specific product that the water system operator adds or intends to add to the public drinking water for purposes of treating or affecting the bodily functions of consumers shall provide a list of all published, and unpublished if known, toxicological studies on the health and behavioral effects of continued use of their specific product. If toxicological studies on health and behavioral effects were performed on a different manufacturer's product of the same chemical classification, the responsible party in the chain of delivery shall identify the manufacturing source of the product and a comparison of content and contaminant concentrations. An update of the list of toxicological studies on the health and behavioral effects of each product content and contaminant shall be required annually. The water system operator shall make these submissions by the manufacturer or responsible party in the chain of product delivery readily accessible to the public. CITY OF SEWARD, ALASKA ORDINANCE 2012 -009 6111. C. Compliance with Alaska Law To assure that the public water system operator has selected and is administering a water additive product intended to treat or effect the bodily functions of consumers that meets all Alaska laws, rules and regulations, the water system operator, as a condition of purchase, shall obtain a dated and correct copy of the Product Formulation Data that was in force at the time of any bid or contractual agreement to sell chemicals to the water system operator that the manufacturer, or any other responsible party in the chain of delivery of the chemical, such as re- packager, is required to submit to NSF International in order to achieve manufacturer's or re- packager's certification that the manufacturer has met ANSI/NSF Standard 60. This document production, which the water system operator shall make readily accessible to the public, shall include the dated submission that meets General Requirement 3.2.1 ofANSI/NSF Standard 60, as adopted by the State of Alaska, by including as published: a) A proposed maximum use level for the product; b) The composition of the formulation (in percent or parts by weight for each chemical in the formulation); c) The reaction mixture used to manufacture the chemical if applicable; d) Chemical abstract number (CAS number), chemical name, and supplier for each chemical present in the formulation; e) A list of known or suspected impurities within the treatment chemical formulation and the maximum percent or parts by weight of each impurity; f) A description or classification of the process in which the treatment chemical is manufactured, handled and packaged; g) Any selected spectra (e.g UV /visible, infrared) that has been required; and h) A list of published and available unpublished toxicological studies relevant to the treatment chemical and the chemical and impurities present in the treatment chemical. D. Conformance with Industry Standards The public water system operator shall select and add to the public drinking water only such products intended to treat and affect the bodily functions of consumers that meet the applicable published American Water Works Association (AWWA) standard for that product's specific chemical classification. In order to assure fulfillment of AWWA standards, an independent analysis by an American National Standards Institute (ANSI) or NSF International certified fir.. laboratory determining the content and specific concentrations of each contamination of each CITY OF SEWARD, ALASKA ORDINANCE 2012 -009 shipment of the product, to be correlated with the manufacturer's Product Formulation Data described in Section C above, shall be provided by the chemical manufacturer or responsible party in the chain of delivery. These batch analyses, and any reports, on each delivery of product shall be maintained and made immediately accessible to the public by the water system operator. E. Violations Violation of subsection (A -D) of this section is a public nuisance, and, without restriction for other remedies, may be abated as other nuisances under the laws of Alaska. F. Severability If any provision of this section or the application thereof to any person or circumstance is held invalid, that invalidity may not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. G. In the event this section is found to conflict with any resolution or ordinance of the city, this section shall be controlling. Section 2. This ordinance shall take effect ten (10) days following enactment. ENACTED by the City Council of the City of Seward, Alaska, this 28 day of January, 2013. THE CITY OF SEWARD, ALASKA WITHDRAWN David Seaward, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Johanna Kinney, CMC City Clerk (City Seal)