PART I. DRINKING WATER REGULATIONS

 

Note

 

  Part heading added by L 1987, c 297, §2(1).

 

§340E-1  Definitions.  As used in thischapter:

“Administrator” means the administrator of theUnited States Environmental Protection Agency.

“Contaminant” means any physical, chemical,biological, or radiological substance or matter in water.

“Department” means the department of health.

“Director” means the director of health or thedirector’s authorized agent.

“Federal Act” means the Safe Drinking WaterAct, Public Law 93-523, as amended by the Safe Drinking Water Act Amendments of1986, Public Law 99-339, and the Safe Drinking Water Act Amendments of 1996,Public Law 104-182.  This Act is also known as Title XIV of the Public HealthService Act (42 U.S.C. §§300f et seq.).

“Federal agency” means any department, agency,or instrumentality of the United States.

“Injection” means the subsurface emplacement ofany material, liquid, semi-solid, or solid, or any admixture thereof, which mayadd a contaminant to underground waters.

“National primary drinking water regulations”means primary drinking water regulations promulgated by the administratorpursuant to the Federal Act.

“Person” means an individual, corporation,company, association, partnership, county, city and county, state, or federalagency.

“Primary drinking water regulation” means aregulation or rule which:

(1)  Applies to public water systems;

(2)  Specifies contaminants which, in the judgment ofthe director, may have any adverse effect on the health of persons;

(3)  Specifies for each contaminant either:

(A)  A maximum contaminant level if, in thejudgment of the director, it is economically and technologically feasible toascertain the level of such contaminant in public water systems; or

(B)  If, in the judgment of the director, it isnot economically or technologically feasible to ascertain the contaminantlevel[,] each treatment technique known to the director which leads to areduction in the level of such contaminant sufficient to satisfy therequirements of section 340E-2; and

(4)  Contains criteria and procedures to assure asupply of drinking water which dependably complies with such maximumcontaminant levels, including accepted methods for quality control and testingprocedures to insure compliance with such levels and proper operation andmaintenance of the system, and requirements as to:

(A)  The minimum quality of water which may betaken into the system; and

(B)  Siting for new facilities for public watersystems.

Quality control and testing procedures publishedin the Federal Register as guidance by the administrator may be adopted by thedirector by rule as an alternative for public water systems to the qualitycontrol and testing procedures listed in the corresponding and previouslypromulgated federal primary drinking water regulation.

“Public water system” means a system whichprovides water for human consumption through pipes or other constructedconveyances if the system has at least fifteen service connections or regularlyserves at least twenty-five individuals.  Such term includes:

(1)  Any collection, treatment, storage, anddistribution facilities controlled by the system and used primarily inconnection with the system; and

(2)  Any collection or pretreatment storage facilitiesnot under the control of, but which are used primarily in connection with thesystem.

“Secondary drinking water regulation” means aregulation or rule which applies to public water systems and which specifiesthe maximum contaminant levels which, in the judgment of the director, arerequisite to protect the public welfare.

“Supplier of water” means any person who ownsor operates a public water system. [L 1976, c 84, pt of §1; gen ch 1985; am L1987, c 165, pt of §1; am L 1997, c 218, §§4, 10]

 

Revision Note

 

  In lead language, "part" substituted for"chapter".