HB0110 - Safe Drinking Water Act.
2001 |
State of Wyoming |
01LSO-0403.E1 ENGROSSED |
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; and providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S.
35-11-1901 through 35-11-1908 are
10 created to read:
11
12 ARTICLE19
13 SAFE DRINKING WATER
14
15 35-11-1901. Short title.
16
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 ensure 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 public water supply that
20 fails to meet the drinking water
standards and maximum
21 contaminant levels established by
the department;
22
23 (vi) Develop and
implement a source water
24 assessment program to address all
public water supplies.
Page 7
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 contaminant either:
16
17 (I) A maximum contaminant level as
18 determined
by the environmental protection agency; or
19
20 (II) If it is determined by the
21 environmental
protection agency that it is not economically
22 or technologically feasible to ascertain the level of the
23 contaminant, each treatment technique known to the
24 environmental protection agency that leads to a reduction
Page 11
1 in the levels of the contaminant sufficient to satisfy the
2 requirements of the Wyoming Safe
Drinking Water Act; and
3
4 (D) Contains criteria
and procedures to
5 assure a supply of potable water that
dependably complies
6 with maximum contaminant levels,
including quality control
7 and testing procedures to ensure
compliance with maximum
8 contaminant levels and ensure proper
operation and
9 maintenance of the public water
supply, and requirements
10 for the minimum quality of water that may be taken into the
11 supply and siting for new facilities for public water
12 supplies.
13
14 (vi) "Potable water" means water that is
15 sufficiently
free from biological, chemical, radiological
16 or physical impurities to the extent that individuals will
17 not be 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 control of the
operator which is used
8 primarily in 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 -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
Page 17
1 Section 4. This act is effective July 1, 2001.
2
3 (END)
Page 18