PART I. 
DRINKING WATER REGULATIONS



 



Note



 



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



 



§340E-1  Definitions.  As used in this
chapter:



“Administrator” means the administrator of the
United 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 the
director’s authorized agent.



“Federal Act” means the Safe Drinking Water
Act, Public Law 93-523, as amended by the Safe Drinking Water Act Amendments of
1986, 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 Health
Service 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 of
any material, liquid, semi-solid, or solid, or any admixture thereof, which may
add a contaminant to underground waters.



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



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



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



(1)  Applies to public water systems;



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



(3)  Specifies for each contaminant either:



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



(B)  If, in the judgment of the director, it is
not economically or technologically feasible to ascertain the contaminant
level[,] each treatment technique known to the director which leads to a
reduction in the level of such contaminant sufficient to satisfy the
requirements of section 340E-2; and



(4)  Contains criteria and procedures to assure a
supply of drinking water which dependably complies with such maximum
contaminant levels, including accepted methods for quality control and testing
procedures to insure compliance with such levels and proper operation and
maintenance of the system, and requirements as to:



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



(B)  Siting for new facilities for public water
systems.



Quality control and testing procedures published
in the Federal Register as guidance by the administrator may be adopted by the
director by rule as an alternative for public water systems to the quality
control and testing procedures listed in the corresponding and previously
promulgated federal primary drinking water regulation.



“Public water system” means a system which
provides water for human consumption through pipes or other constructed
conveyances if the system has at least fifteen service connections or regularly
serves at least twenty-five individuals.  Such term includes:



(1)  Any collection, treatment, storage, and
distribution facilities controlled by the system and used primarily in
connection with the system; and



(2)  Any collection or pretreatment storage facilities
not under the control of, but which are used primarily in connection with the
system.



“Secondary drinking water regulation” means a
regulation or rule which applies to public water systems and which specifies
the maximum contaminant levels which, in the judgment of the director, are
requisite to protect the public welfare.



“Supplier of water” means any person who owns
or operates a public water system. [L 1976, c 84, pt of §1; gen ch 1985; am L
1987, c 165, pt of §1; am L 1997, c 218, §§4, 10]



 



Revision Note



 



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