Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-61-3 - Definitions3.1. Capacity -- Capacity refers to a water system's ability to consistently provide safe drinking water for its customers. A water system must have the technical abilities, managerial skills, and financial resources to meet state and federal drinking water regulations.3.2. Capacity development -- A program and a tool which helps to ensure all community public water systems and nontransient noncommunity water systems demonstrate the technical, managerial, and financial capacity to comply with Safe Drinking Water Act requirements and to benefit their customers.3.3. Community water system -- A public water system which serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.3.4. Director -- The director of the division of health or his or her designees from the division who are charged with enforcement of this rule.3.5. Existing public water system -- Any community water system or nontransient noncommunity water system which came into existence prior to October 1, 1999.3.6. Financial capacity -- The financial resources of the water system, including but not limited to the revenue sufficiency, credit worthiness, and fiscal controls.3.7. Managerial capacity -- The management structure of the water system, including but not limited to ownership accountability, staffing, organization, and effective external linkages.3.8. New public water system -- Any community or nontransient noncommunity water system which comes into existence on or after October 1, 1999.3.9. Noncommunity water system -- Any public water system that is not a community water system.3.10. Nontransient noncommunity water system -- A public water system that is not a community water system and that regularly serves the same twenty-five (25) or more persons over six (6) months per year.3.11. Person -- An individual, partnership, association, syndicate, company, firm, trust, corporation, county or municipal government, public or private institution, department, division, bureau, agency, federal agency, or any other entity recognized by law.3.12. Public water system -- A system which provides water to the public for human consumption through pipes or other constructed conveyances, if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals. 3.12.a. Public water system includes:3.12.a.1. Any collection, treatment, storage, and distribution facilities under the control of the operator of a system and used primarily in connection with the system; and3.12.a.2. Any collection or pretreatment storage facilities not under the control of the operator of the system which are used primarily in connection with the system.3.12.b. A public water system does not include a system which meets all of the following conditions: 3.12.b.1. It consists only of distribution and storage facilities and does not have any collection and treatment facilities;3.12.b.2. It obtains all of its water from, but is not owned or operated by, a public water system which otherwise meets the definition;3.12.b.3. It does not sell water to any person; and3.12.b.4. It is not a carrier conveying passengers in interstate commerce.3.13. Safe Drinking Water Act B A federal statute commonly known as the ASafe Drinking Water Act@ - 42 USC 300 f et seq.3.14. Sanitary Survey -- An on-site review of the water source, facilities, equipment, operation and maintenance of a public water system for the purpose of evaluating the adequacy of the source, design, facilities, equipment, operation and maintenance for producing and distributing drinking water, as described in the federal regulations adopted in this rule.3.15. Technical capacity -- The physical infrastructure of the water system, including but not limited to the source water adequacy, the infrastructure adequacy (including wells, source water intakes, or both, treatment, storage, and distribution), and the ability of system personnel to implement the requisite technical knowledge.