Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 24 - Division of Health › Rule 016.24.07-004 - Rules Pertaining to Public Water Systems

Current through Register Vol. 49, No. 6, June, 2024
I.
AUTHORITY
The following Rules and Regulations Pertaining to Public Water
				Systems are duly adopted and promulgated by the Arkansas State Board of Health
				pursuant to the authority expressly conferred by the Laws of the State of
				Arkansas including, without limitation, Act 96 of 1913, as amended (Ark. Codes
				Ann. §
									20-7-109 ).
II.
PURPOSE
These Rules and Regulations are adopted for the purpose of
				ensuring that all persons in the State of Arkansas receiving water from a
				public water system are provided with ample quantities of safe, palatable water
				which is in full compliance with the National Primary Drinking Water
				Standards.
III.
DEFINITIONS
For the purpose of these Regulations, the following terms are
				defined:
A.
Contaminant:
Any physical, chemical, biological, or radiological substance
				or matter in water.
B.
Cross-Connection:
A physical connection between a public water supply and either
				an unsafe or a questionable quality water supply or any toxic or objectionable
				material.
C.
Distribution System:
All systems of conduits and their appurtenances by which water
				is distributed to consumers.
D.
Financial Capacity:
Financial resources of the water system including, but not
				limited to, the revenue sufficiency, credit worthiness and fiscal
				controls.
E.
Ground
			 Water:
Naturally occurring water occupying the zone of saturation in
				the ground below the surface of the earth.
F.
Managerial Capacity:
The management structure of the water system including, but not
				limited to, ownership accountability, staffing, organization and effective
				linkages.
G.
Maximum
			 Contaminant Level (MCL):
The maximum permissible level of a contaminant in water which
				is delivered to the free flowing outlet of the ultimate user of a public water
				system, except in the case of turbidity and other specific contaminants where
				the maximum permissible level is measured at the point of entry to the
				distribution system. Contaminants added to the water under circumstances
				controlled by the user, except for those resulting from corrosion of piping and
				plumbing caused by water quality, are excluded from this definition. It is not
				the intent of these Regulations to include individual service pipes from the
				property side of the water meter to buildings and plumbing within or in
				connection with buildings served, since this is covered in the State Plumbing
				Code.
H.
National
			 Primary Drinking Water Regulations:
The current, effective drinking water regulations promulgated
				by the United States Government.
I.
Owner:
Any person, firm, corporation, institution or governmental
				agency, or their agent, owning, operating, or modifying any water system,
				distribution system or water treatment plant.
J.
Public Water Supply
			 Reservoir:
A lake or reservoir, not owned by the United States of America,
				which is utilized as a source, directly or indirectly, either permanently,
				temporarily, or as a standby, for a public water system.
K.
Public Water System:
Public water system or PWS means a system for the provision to
				the public of water for human consumption through pipes or other constructed
				conveyances, if such system has at least fifteen service connections or serves
				an average of twenty-five individuals daily at least 60 days per year. Such
				term includes:
(1) any collection,
			 treatment, storage, and distribution facilities under control of the operator
			 of such system and used primarily in connection with such system; and
(2) any collection or pretreatment
			 storage facilities not under such control which are used primarily in
			 connection with such system. This includes sources for bottled water.
1.
Community Public Water
			 System:
A public water system that serves at least 15 service
				connections used by year-round residents or regularly serves at least 25
				year-round residents.
2.
Non-Community Public Water System:
A public water system that serves at least 15 service
				connections or 25 persons per day that is not a community water system, or a
				water source that is not a community water system that is utilized as a source
				for bottled water,.
a)
Non-Transient Non-Community Public Water System:
A Non-Community Water System that serves at least 25 of the
				same individuals at least 180 days (or portions thereof) per year.
b)
Transient Non-Community
			 Public Water System:
Any Non-Community Water System that is not a Non-Transient
				Non-Community Public Water System.
L.
Restricted intake
			 zone
An area immediately adjacent to a surface water source intake,
				in which no activity unrelated to the operation of the intake or water system
				is permitted.
M.
Restricted buffer zone
An area, larger than the restricted intake zone, surrounding a
				surface water intake, a spring, or a wellhead, in which activity is restricted
				to those activities that will not have the potential to cause contamination of
				the water source.
N.
Surface Water Influenced Ground Water:
A ground water with significant occurrence of insects or other
				macro-organisms, algae, or large diameter pathogens such as Giardia lamblia, or
				which is subject to significant changes in water quality which are determined
				to be in direct relationship with the climatological or surface water
				conditions.
O.
Surface Water:
Water that flows over or rests upon the surface of the earth.
				The term surface water includes rivers, lakes, impoundments, reservoirs and
				springs in addition to other man made and naturally occurring bodies of water
				on the surface of the earth. Thermal springs with minimum water temperatures
				greater than 120 degrees Fahrenheit are not considered surface water.
Surface water shall not include those springs for which a
				comprehensive hydrogeologic and microbiologic study has been performed by the
				owner which indicates a lack of surface water influence, and which has been
				accepted by the Department and the Regional Office of the U.S. Environmental
				Protection Agency, unless additional information refutes the original report's
				conclusions.
P.
Technical Capacity:
The physical infrastructure of the water system including, but
				not limited to, the source water adequacy, infrastructure adequacy (source,
				treatment, storage, and distribution) and the ability of system personnel to
				implement the requisite technical knowledge.
Q.
Water Treatment Plant:
A group or assemblage of processes, devices, and structures
				used for treating or conditioning water for public drinking or domestic
				purposes.
R.
Water
			 Operator
Any person who during the performance of their regular duties,
				at any community public water system; any non-transient non-community public
				water system; or any transient non-community public water system that utilizes
				a surface water or surface water influenced source, exercises individual
				judgment, whether directly or indirectly, that might affect the safety,
				quality, or quantity of water delivered from the water system. (The term
				Operator generally includes, but is not limited to, Managers, Assistant
				Managers, Superintendents, Assistant Superintendents, Construction and
				Maintenance Foremen, treatment plant personnel and other persons responsible
				for the operation and maintenance of wells, reservoirs, water treatment
				facilities, water distribution facilities, and pumping facilities.)
S.
Water Operator of
			 Record:
That person, not including elected officials performing their
				duties of office, whose primary responsibility is the highest level of
				management and/or operation of the water system, and compliance with the
				relevant state and federal drinking water regulations.
T.
Water Operator(s) in Responsible
			 Charge
The water operator(s) designated by the owner to be the
				licensed operator(s) who is in direct supervision of the water system regarding
				the daily operational activities and protocols that an operator(s) follows when
				operating a public water system, water treatment facility and/or distribution
				facility.