49-356

49-356. Water systems; designating lead agency;
coordinating council

A. The department of environmental quality is designated as the lead agency to
review the operations of water systems and the practices of governmental agencies which
oversee and regulate them.

B. A water systems coordinating council is established in the department of
environmental quality consisting of representatives of at least the following
governmental entities and agencies or private water systems:

1. The department of environmental quality.

2. The corporation commission.

3. The state real estate department.

4. The department of water resources.

5. The department of health services.

6. The office of state fire marshal in the department of fire, building and life
safety.

7. One representative of the health department of a county having a population
exceeding one million five hundred thousand persons according to the most recent United
States decennial census.

8. One representative of the health department of a county having a population
exceeding five hundred thousand but not exceeding one million five hundred thousand
persons according to the most recent United States decennial census.

9. One member who is appointed by the director and who represents county planning
and zoning departments.

10. One member who is appointed by the director and who represents a city or town
with a population of less than ten thousand.

11. One member who is appointed by the director and who represents investor owned
water systems.

C. The determination of the number and appointment of representatives for the
departments designated in subsection B, paragraphs 1, 4 and 5 shall be made by the
director of the respective departments. The determination of the number and appointment
of representatives of the state real estate department shall be made by the real estate
commission. The determination of the number and appointment of representatives of the
office of state fire marshal shall be made by the state fire marshal. The appointment of
representatives under subsection B, paragraphs 7 and 8 shall be made by the director of
the department of health services.

D. Additional members may be appointed at the discretion of the council. A
representative from the department of environmental quality, selected by the director,
shall serve as chairman of the council. The council shall meet at least quarterly and
may meet more often to conduct its business.

E. The council shall:

1. Develop public education and information programs for owners, operators and
customers of water systems.

2. Identify programs to advise and assist owners and operators of water systems in
management, accounting, engineering and other technical areas.

3. Integrate and coordinate information databases among member agencies.

4. Evaluate the statutory and regulatory authority of governmental entities
regarding water systems and recommend appropriate changes.

5. Develop any other programs and recommendations which would benefit the owners,
operators and customers of water systems and the statutory and regulatory practices of
government agencies.

6. Identify sources of funding to accomplish the purposes of this section.

7. Investigate mechanisms to ensure the financial viability of new water systems
before they begin operation.