HB0110 - Safe Drinking Water Act.
2001 |
State of Wyoming |
01LSO-0403 |
HOUSE BILL NO. HB0110
Safe Drinking Water Act.
Sponsored by: Select Water Committee
A BILL
for
1 AN ACT relating to
public health and safety; providing for
2 the
Wyoming Safe Drinking Water Act; providing for
3 authority,
administration and enforcement of the act as
4
specified; providing definitions; making conforming
5
amendments; providing an appropriation and positions; and
6
providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 35-11-1901 through 35-11-1908
are
11 created to read:
12
13 ARTICLE19
14 SAFE DRINKING WATER
15
16 35-11-1901. Short title.
17
Page 1
1 This article is known
and may be cited as the "Wyoming Safe
2
Drinking Water Act".
3
4 35-11-1902. Coverage.
5
6 The requirements of this
article shall apply to each public
7
water supply as defined in W.S. 35-11-103(h)(vii).
8
9 35-11-1903. Prohibited acts.
10
11 No person, except when authorized by a permit, variance,
12 exemption or compliance schedule issued
pursuant to the
13 provisions of this article, shall operate a
public water
14 supply as defined in W.S. 35-11-103(h)(vii)
which is not in
15 compliance with the primary drinking water
regulation as
16 defined in W.S. 35-11-103(h)(v) and the
requirements of
17 this section.
18
19 35-11-1904. Administrator's authority to
recommend
20 standards, rules, regulations or permits.
21
22 (a) The
administrator, after receiving public comment
23 and after consultation with the advisory
board created by
24 W.S. 35-11-113, shall recommend to the
director rules,
Page 2
1
regulations, standards and permit systems to promote the
2
purposes of this article and meet the requirements of the
3
National Primary Drinking Water Regulations. The rules,
4
regulations, standards and permit systems shall prescribe:
5
6 (i) Drinking
water standards which are no less
7
stringent than the National Primary Drinking Water
8 Regulations promulgated in 40 C.F.R. § 141;
9
10 (ii) Standards
for the issuance of variances and
11 exemptions and opportunities for public
input and hearings
12 as authorized by W.S. 35-11-1905;
13
14 (iii) Standards
for the development and
15 implementation of a source water assessment
program to
16 address all public water supplies;
17
18 (iv) Standards
for water quality sampling,
19 record keeping and reporting;
20
21 (v) Standards
for public notice requirements for
22 public water supplies;
23
Page 3
1 (vi) Standards
for community water systems to
2
provide consumer confidence reports;
3
4 (vii) Standards
for the determination of
5
capacity development capabilities to ensure that all new or
6 modified
community water systems and new or modified
7
nontransient noncommunity water systems commencing
8
operation after July 1, 2001, demonstrate capacity
9
development capabilities and by July 1, 2002, develop a
10 strategy to assist all community and
noncommunity water
11 systems in acquiring and maintaining
capacity development
12 by adopting procedures governing capacity
development in
13 compliance with § 1420 of the Safe Drinking
Water Act (42
14 U.S.C. § 300g-9). The department shall have
the authority
15 to require new systems in noncompliance of
capacity
16 development capabilities to take corrective
actions to
17 correct inadequacies or cease water system
operations;
18
19 (viii) Standards
for the development of
20 emergency response plans by public water
supplies pursuant
21 to W.S. 35-11-1908;
22
23 (ix) Standards
for the establishment of
24 administrative penalties pursuant to W.S. 35-11-1906;
and
Page 4
1
2 (x) Standards
for the certification of
3 laboratories
servicing public water supplies.
4
5 35-11-1905. Variances and exemptions.
6
7 (a) The
director may grant a variance or exemption
8
from the primary drinking water regulations after
9
documenting all findings that are required under sections
10 1415 and 1416 of the Safe Drinking Water Act
(42 U.S.C. § §
11 300g-4 and 300g-5) and 40 C.F.R. § 142.20.
12
13 (b) Before a
variance or exemption is granted, the
14 director shall:
15
16 (i) Find that
the variance or exemption will not
17 result in an unreasonable risk to public
health;
18
19 (ii) Provide an
opportunity for public input and
20 a hearing on the proposed variance; and
21
22 (iii) Establish a
compliance schedule for the
23 public water supply to install the best
technology,
Page 5
1
treatment techniques or other means available to the
2
system.
3
4 35-11-1906. Administrative penalties.
5
6 Notwithstanding and in
lieu of W.S. 35-11-901 through
7 35-11-904,
the department shall have the authority to
8
assess administrative penalties. For public water supplies
9
serving a population of more than ten thousand (10,000)
10 individuals, the department shall have the
authority to
11 impose a penalty of one thousand dollars
($1,000.00) to ten
12 thousand dollars ($10,000.00) per day per
violation. For
13 public water supplies serving a population
of ten thousand
14 (10,000) or fewer individuals the department
shall
15 establish a penalty that is adequate to
ensure compliance
16 with the regulations pursuant to this
article, but in no
17 case shall the penalty exceed one thousand
dollars
18 ($1,000.00) per day.
19
20 35-11-1907. Duties of department.
21
22 (a) The department shall:
23
Page 6
1 (i) Maintain an
inventory of public water
2
supplies;
3
4 (ii) Conduct
periodic sanitary surveys of
5
potable water systems and sources, take water samples and
6
inspect records to insure the system is not creating an
7
unreasonable risk to public health. The department shall
8
provide written reports of sanitary surveys to the water
9
supplier;
10
11 (iii) Require
public water supplies to correct
12 any deficiency identified by a sanitary
survey;
13
14 (iv) Require
regular water sampling, record
15 keeping and reporting by public water
supplies. These
16 samples shall be analyzed in a laboratory
approved by the
17 department;
18
19 (v) Investigate
any water supply that fails to
20 meet the drinking water standards and
maximum contaminant
21 levels established by the department;
22
23 (vi) Develop and
implement a source water
24 assessment program to address all public
water supplies.
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1 The
department may establish a program to assist public
2
water supplies in developing and implementing source water
3
protection plans and programs pursuant to § 1454 of the
4
Safe Drinking Water Act (42 U.S.C. § 300j-14) including the
5 use
of set asides authorized by § 1452(k) of the Safe
6
Drinking Water Act (42 U.S.C. § 300j-12(k));
7
8 (vii) Require
every public supply system to
9
provide public notice that is no less stringent than the
10 applicable federal regulations;
11
12 (viii) Establish
and maintain a program for the
13 certification of laboratories conducting
analytical
14 measurements of drinking water contaminants
pursuant to the
15 primary drinking water regulations;
16
17 (ix) Require
community water systems to provide
18 consumer confidence reports required by
applicable federal
19 regulations.
20
21 35-11-1908. Emergency response.
22
23 (a) The
department shall adopt and implement a plan
24 for the provision of safe drinking water
under emergency
Page 8
1 circumstances
including, but not limited to, earthquakes,
2
floods and other natural disasters.
3
4 (b) The
department shall require each supplier of
5
water to compile an emergency plan.
6
7 (c) The
director shall have the authority, in
8
coordination with the department of health, to require boil
9
orders or other appropriate actions when contaminant levels
10 in a public water supply threaten public
health and safety.
11
12 Section 2. W.S. 35-11-103(a)(xiii) and by creating a
13 new subsection (h), 35-11-105(a) by
creating a new
14 paragraph (vii), 35-11-108, 35-11-109(a)
by creating new
15 paragraphs (xvi) and (xvii), 35-11-110(a)(intro)
and by
16 creating a new subsection (f), 35-11-112(a)(intro)
and
17 35-11-601 by creating a new
subsection (s) are amended to
18 read:
19
20 35-11-103. Definitions.
21
22 (a) For the
purpose of this act, unless the context
23 otherwise requires:
24
Page 9
1 (xiii) "This
act" means W.S. 35-11-101 through
2 35-11-403,
35-11-405, 35-11-406, 35-11-408 through
3 35-11-1106,
35-11-1414 through 35-11-1428, 35-11-1601
4
through 35-11-1613, 35-11-1701, and 35-11-1801 through
5
35-11-1803 and 35-11-1901 through 35-11-1908.
6
7 (h) Specific definitions applying to drinking water:
8
9 (i) "Community
water system" means a public
10 water
supply that has at least fifteen (15) service
11 connections
used year-round by residents or that regularly
12 provides
water to at least twenty-five (25) residents year-
13 round,
including, but not limited to, municipalities and
14 water
and sewer districts;
15
16 (ii) "Contaminant" means any physical, chemical,
17 biological
or radiological substance or matter;
18
19 (iii) "Maximum contaminant level" means the
20 maximum
permissible level of a contaminant in water that is
21 delivered
to any user of a public water supply;
22
23 (iv) "Nontransient noncommunity water system"
24 means
a public water supply which is not a community water
Page 10
1 system and which regularly provides service to at least
2 twenty-five (25) of the same persons
for more than six (6)
3 months of the year where those persons
are not full-time
4 residents, including, but not limited
to, schools,
5 factories and office buildings;
6
7 (v) "Primary
drinking water regulation" means a
8 regulation that:
9
10 (A) Applies to public water supplies;
11
12 (B) Specifies contaminants that may have an
13 adverse
effect on the health of persons;
14
15 (C) Specifies for each such contaminant
16 either:
17
18 (I) A maximum contaminant level as
19 determined
by the environmental protection agency; or
20
21 (II) If it is determined by the
22 environmental
protection agency that it is not economically
23 or
technologically feasible to ascertain the level of such
24 contaminant,
each treatment technique known to the
Page 11
1 environmental protection agency that leads to a reduction
2 in the levels of such contaminant
sufficient to satisfy the
3 requirements of the Wyoming Safe
Drinking Water Act; and
4
5 (D) Contains criteria and procedures to
6 assure a supply of potable water that
dependably complies
7 with such maximum contaminant levels,
including quality
8 control and testing procedures to
insure compliance with
9 such levels and insure proper
operation and maintenance of
10 the
public water supply, and requirements as to the minimum
11 quality
of water that may be taken into the supply and
12 siting
for new facilities for public water supplies.
13
14 (vi) "Potable water" means water that is
15 sufficiently
free from biological, chemical, radiological
16 or
physical impurities such that individuals will not be
17 exposed
to disease or harmful physiological effects;
18
19 (vii) "Public water supply" means the system for
20 the
provision to the public of piped water for human
21 consumption,
if the system has at least fifteen (15)
22 service
connections or regularly serves at least twenty-
23 five
(25) individuals including:
24
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1 (A) Any collection,
treatment, storage and
2 distribution facility under control of
the operator of the
3 system and used primarily in
connection with the system;
4 and
5
6 (B) Any collection or
pretreatment storage
7 facility not under such control which
is used primarily in
8 connection with the system.
9
10 (viii) "Secondary drinking water regulation"
11 means
a regulation that applies to public water supplies
12 and
that specifies the maximum contaminant levels which, in
13 the
judgment of the director, are required to protect the
14 public
welfare. A regulation may apply to any contaminant
15 in
drinking water that may adversely affect the odor or
16 appearance
of the water and consequently may cause a
17 substantial
number of the persons served by the public
18 water
supply providing the water to discontinue its use, or
19 that
may otherwise adversely affect the public welfare;
20
21 (ix) "Service connection" means the connection
22 between
a public water supply and a customer that enables
23 the
customer to receive potable water from the public water
24 supply;
Page 13
1
2 (x) "Supplier of
water" or "water supplier"
3 means any person who owns or operates
a public water
4 supply.
5
6 35-11-105. Divisions enumerated.
7
8 (a) The
department shall consist of the following
9
divisions:
10
11 (vii) Drinking water division.
12
13 35-11-108. Appointment of director and
division
14 administrators; qualifications of director; term; salaries;
15 employment of assistants.
16
17 The governor with the advice and consent of
the senate
18 shall appoint a director of the department
who is the
19 department's executive and administrative
head. The
20 director shall possess technical
qualifications and
21 administrative and other experience
sufficient to fulfill
22 the duties of his position. The director
shall appoint
23 administrators for each of the divisions of
abandoned mine
24 land, industrial siting, solid and hazardous
waste
Page 14
1
management, air quality, water quality,
and land quality
2 and drinking water, who are
the executive and
3 administrative
heads of their respective divisions. The
4
administrators shall serve at the pleasure of the director
5 and
are responsible to and under the control and
6
supervision of the director. The salary and qualifications
7 of
each administrator shall be determined by the human
8
resources division. The director, with the advice of the
9
respective administrators, may employ professional,
10 technical and other assistants, along with
other employees
11 as may be necessary to carry out the
purposes of this act.
12 The governor may remove the director as
provided in W.S.
13 9-1-202.
14
15 35-11-109. Powers and duties of director.
16
17 (a) In addition
to any other powers and duties
18 imposed by law, the director of the
department shall:
19
20 (xvi) Issue variance and exemptions for primary
21 drinking
water regulations pursuant to W.S. 35-11-1905;
22
23 (xvii) Designate authorized officers, employees
24 or
representatives to enter and inspect any public water
Page 15
1 supply including the right to sample, whether or not the
2 department has evidence that the
system is in violation of
3 any applicable legal requirement.
4
5 35-11-110. Powers of administrators of the divisions.
6
7 (a) The administrators
of the air quality, land
8
quality, and water quality,
solid and hazardous waste
9 management and drinking water divisions, under the
control
10 and supervision of the director, shall
enforce and
11 administer this act and the rules, regulations
and
12 standards promulgated hereunder. Each
administrator shall
13 have the following powers:
14
15 (f) The administrator of the drinking water division
16 shall
enforce and administer the provisions of W.S.
17 35-11-1901
through 35-11-1908. He shall have the powers set
18 forth
in subsection (a) of this section.
19
20 35-11-112. Powers and duties of the
environmental
21 quality council.
22
23 (a) The council
shall act as the hearing examiner for
24 the department and shall hear and determine
all cases or
Page 16
1
issues arising under the laws, rules, regulations,
2
standards or orders issued or administered by the
3
department or its air quality, land quality, solid and
4
hazardous waste management, or water quality or
drinking
5 water divisions. Notwithstanding any other
provision of
6
this act, including this section, the council shall have no
7
authority to promulgate rules or to hear or determine any
8
case or issue arising under the laws, rules, regulations,
9
standards or orders issued or administered by the
10 industrial siting or abandoned mine land
divisions of the
11 department. The council shall:
12
13 35-11-601. Applications; authority to
grant; hearing;
14 limitations; renewals; judicial review; emergencies.
15
16 (s) Any application for a variance or exemption from
17 the
primary drinking water regulations shall be made solely
18 under
the provisions of W.S. 35-11-1905.
19
20 Section 3. W.S. 35-11-103(c)(xvii)
and (xviii) is
21 repealed.
22
23 Section
4. For the purposes of this act, there is
24 appropriated from the general fund to the
department of
Page 17
1
environmental quality two hundred fifty thousand dollars
2 ($250,000.00)
and three (3) full-time positions.
3
4 Section 5. This act is effective July 1, 2001.
5
6 (END)
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