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U.S. Code as of:
01/19/04
Section 300f. Definitions
For purposes of this subchapter:
(1) The term "primary drinking water regulation" means a
regulation which -
(A) applies to public water systems;
(B) specifies contaminants which, in the judgment of the
Administrator, may have any adverse effect on the health of
persons;
(C) specifies for each such contaminant either -
(i) a maximum contaminant level, if, in the judgment of the
Administrator, it is economically and technologically
feasible to ascertain the level of such contaminant in water
in public water systems, or
(ii) if, in the judgment of the Administrator, it is not
economically or technologically feasible to so ascertain the
level of such contaminant, each treatment technique known to
the Administrator which leads to a reduction in the level of
such contaminant sufficient to satisfy the requirements of
section 300g-1 of this title; and
(D) 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 to insure proper operation and maintenance of the
system, and requirements as to (i) the minimum quality of water
which may be taken into the system and (ii) siting for new
facilities for public water systems.
At any time after promulgation of a regulation referred to in
this paragraph, the Administrator may add equally effective
quality control and testing procedures by guidance published in
the Federal Register. Such procedures shall be treated as an
alternative for public water systems to the quality control and
testing procedures listed in the regulation.
(2) The term "secondary drinking water regulation" which
applies to public water systems and which specifies the maximum
contaminant levels which, in the judgment of the Administrator,
are requisite to protect the public welfare. Such regulations may
apply to any contaminant in drinking water (A) which may
adversely affect the odor or appearance of such water and
consequently may cause a substantial number of the persons served
by the public water system providing such water to discontinue
its use, or (B) which may otherwise adversely affect the public
welfare. Such regulations may vary accordingly to geographic and
other circumstances.
(3) The term "maximum contaminant level" means the maximum
permissible level of a contaminant in water which is delivered to
any user of a public water system.
(4) Public water system. -
(A) In general. - The term "public water system" 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
regularly serves at least twenty-five individuals. Such term
includes (i) any collection, treatment, storage, and
distribution facilities under control of the operator of such
system and used primarily in connection with such system, and
(ii) any collection or pretreatment storage facilities not
under such control which are used primarily in connection with
such system.
(B) Connections. -
(i) In general. - For purposes of subparagraph (A), a
connection to a system that delivers water by a constructed
conveyance other than a pipe shall not be considered a
connection, if -
(I) the water is used exclusively for purposes other than
residential uses (consisting of drinking, bathing, and
cooking, or other similar uses);
(II) the Administrator or the State (in the case of a
State exercising primary enforcement responsibility for
public water systems) determines that alternative water to
achieve the equivalent level of public health protection
provided by the applicable national primary drinking water
regulation is provided for residential or similar uses for
drinking and cooking; or
(III) the Administrator or the State (in the case of a
State exercising primary enforcement responsibility for
public water systems) determines that the water provided
for residential or similar uses for drinking, cooking, and
bathing is centrally treated or treated at the point of
entry by the provider, a pass-through entity, or the user
to achieve the equivalent level of protection provided by
the applicable national primary drinking water regulations.
(ii) Irrigation districts. - An irrigation district in
existence prior to May 18, 1994, that provides primarily
agricultural service through a piped water system with only
incidental residential or similar use shall not be considered
to be a public water system if the system or the residential
or similar users of the system comply with subclause (II) or
(III) of clause (i).
(C) Transition period. - A water supplier that would be a
public water system only as a result of modifications made to
this paragraph by the Safe Drinking Water Act Amendments of
1996 shall not be considered a public water system for purposes
of the Act until the date that is two years after August 6,
1996. If a water supplier does not serve 15 service connections
(as defined in subparagraphs (A) and (B)) or 25 people at any
time after the conclusion of the 2-year period, the water
supplier shall not be considered a public water system.
(5) The term "supplier of water" means any person who owns or
operates a public water system.
(6) The term "contaminant" means any physical, chemical,
biological, or radiological substance or matter in water.
(7) The term "Administrator" means the Administrator of the
Environmental Protection Agency.
(8) The term "Agency" means the Environmental Protection
Agency.
(9) The term "Council" means the National Drinking Water
Advisory Council established under section 300j-5 of this title.
(10) The term "municipality" means a city, town, or other
public body created by or pursuant to State law, or an Indian
Tribe.
(11) The term "Federal agency" means any department, agency, or
instrumentality of the United States.
(12) The term "person" means an individual, corporation,
company, association, partnership, State, municipality, or
Federal agency (and includes officers, employees, and agents of
any corporation, company, association, State, municipality, or
Federal agency).
(13)(A) Except as provided in subparagraph (B), the term
"State" includes, in addition to the several States, only the
District of Columbia, Guam, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, American Samoa, and
the Trust Territory of the Pacific Islands.
(B) For purposes of section 300j-12 of this title, the term
"State" means each of the 50 States, the District of Columbia,
and the Commonwealth of Puerto Rico.
(14) The term "Indian Tribe" means any Indian tribe having a
Federally recognized governing body carrying out substantial
governmental duties and powers over any area. For purposes of
section 300j-12 of this title, the term includes any Native
village (as defined in section 1602(c) of title 43).
(15) Community water system. - The term "community water
system" means a public water system that -
(A) serves at least 15 service connections used by year-round
residents of the area served by the system; or
(B) regularly serves at least 25 year-round residents.
(16) Noncommunity water system. - The term "noncommunity water
system" means a public water system that is not a community water
system.
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