49-353

49-353. Duties of director; rules; prohibited
lead use

A. The director shall:

1. Exercise general supervision over all matters related to water quality control
of public water systems throughout this state.

2. Prescribe rules regarding the production, treatment, distribution and testing of
potable water by public water systems, except that such rules shall not apply to
irrigation, industrial or similar systems where the water is used for nonpotable
purposes. The rules shall comply with at least the following:

(a) The requirements established by the United States environmental protection
agency for state primary enforcement responsibility of the safe drinking water act,
including the requirements of 40 Code of Federal Regulations parts 141 and 142.

(b) Require that the plans and specifications for all public water systems,
including water treatment plants, distribution systems, distribution system extensions,
water treatment methods and devices and all appurtenances and devices for sale to be used
in water supplies and public water systems be submitted with a fee for review to the
department. The department, in establishing fees authorized by this section, shall
comply with title 41, chapter 6. The department shall not set a fee at more than the
department's cost of providing the service for which the fee is charged. State agencies
are exempt from all fees imposed pursuant to this section. Monies collected from the
fees shall be deposited in the water quality fee fund established by section 49-210. The
director may require that plans and specifications for public water systems include
programs to meet future needs for drinking water and to supply specified minimum
quantities of drinking water. The director shall:

(i) Require that a new public water system demonstrate that the system possesses
adequate managerial and financial capacity to operate in compliance with this article and
the rules adopted pursuant to this article.

(ii) Accept adequate findings of other public authorities regarding the adequate
managerial and financial capacity of a public water system to operate in compliance with
this article and the rules adopted pursuant to this article.

(c) Provide that no public water system, including a water treatment plant,
distribution system, distribution system extension, water treatment method or device,
appurtenance and device used in water supplies or public water systems be constructed,
reconstructed, installed or initiated before compliance with the standards and rules has
been demonstrated by approval of the plans and specifications by the department. The
rules shall prescribe minimum standards for the bacteriological, physical and chemical
quality of water distributed through public water systems. The director of environmental
quality may consult with the director of the department of health services in developing
these standards.

(d) Provide for a simplified administrative procedure for approving structural
revisions, additions, extensions or modifications to existing small public water systems
for potable water serving a population of three thousand three hundred or fewer persons.

(e) Exempt from the plan review requirements of this paragraph, including any
requirements for approval to construct or approval of construction, any structural
revisions, additions, extensions or modifications to public water systems which are in
compliance with the department's rules applicable to those systems or which are making
satisfactory progress towards compliance under a schedule approved by the department if
either of the following conditions is satisfied:

(i) The revision, addition, extension or modification has a project cost of twelve
thousand five hundred dollars or less.

(ii) The revision, addition, extension or modification is made to a water line
which is not for a subdivision requiring plat approval by a city, town or county, and has
a project cost of more than twelve thousand five hundred dollars but less than fifty
thousand dollars, the design of which is sealed by a professional engineer registered in
this state and the construction of which is reviewed for conformance with the design by a
professional engineer.

(f) Require a notice of compliance with the conditions for exemption upon the
completion of any revisions, additions, extensions or modifications completed in
accordance with subdivision (e) of this paragraph.

(g) Provide for the submission of samples at stated intervals.

(h) Provide for inspection and certification of such water supplies.

(i) Provide for the abatement as public nuisances of any premises, equipment,
process or device, or public water system that does not comply with the minimum standards
and rules.

(j) Provide for records regarding water quality to be kept by owners and operators
of the public water systems and that reports regarding water quality be filed with the
department.

(k) Provide for appropriate actions to be taken if a water supply does not meet the
standards established by the department.

(l) Require a public water system to implement a specified program to control
contamination from backflow, backsiphonage or cross connection. All such programs shall
be consistent with title 41, chapter 16.

(m) Require that public water systems identify and provide notice to persons that
may be affected by lead contamination of their drinking water where such contamination
results from either or both of the following:

(i) The lead content in the construction materials of the public water distribution
system.

(ii) Corrosivity of the water supply sufficient to cause leaching of lead.

(n) Provide for relief from water testing and monitoring requirements for public
water systems qualifying under the federal safe drinking water act (P.L. 93-523; 88 Stat.
1660; P.L. 95-190; 91 Stat. 1393; P.L. 104-182; 110 Stat. 1613), as amended in 1996.

3. Develop and implement strategies to assist public water systems in acquiring and
maintaining the technical, managerial and financial capacity to operate in compliance
with this article and the rules adopted pursuant to this article. Assistance may be
provided based on the needs of the water system.

B. Pipes and pipe fittings having a lead content in excess of eight per cent and
solders and flux having a lead content in excess of two-tenths of one per cent shall not
be used in the installation or repair of public water systems or of any plumbing in
residential or nonresidential facilities providing water for human consumption which are
connected to public water systems. This subsection shall not apply to leaded joints
necessary for the repair of cast iron pipes.

C. Notwithstanding subsection A, paragraph 2, subdivision (c) of this section, a
public water system may construct, reconstruct, install, extend or initiate a water
supply system, water treatment plant, distribution system, water treatment method or
device, or appurtenance that is used in water supply or in a public water system when the
system is out of compliance with standards and rules adopted pursuant to this article
only if the construction is necessary to correct the system's noncompliance.

D. The provisions of this section and the rules adopted pursuant to this section
apply to public water systems as described by section 49-352, subsection B.