§22-23-31. Definitions.  


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  • When used in this article and except where the context prohibits, the following words and terms shall have the following meanings:

    (1) FEDERAL ACT. The Federal Safe Drinking Water Act, being Public Law 93-523.

    (2) ADMINISTRATOR. The Administrator of the United States Environmental Protection Agency.

    (3) NATIONAL PRIMARY DRINKING WATER REGULATIONS. Primary drinking water regulations promulgated by the administrator pursuant to the federal act.

    (4) FEDERAL AGENCY. Any department, agency or instrumentality of the government of the United States, the regulation of which has been delegated to the State of Alabama pursuant to the federal act.

    (5) BOARD. The Alabama Department of Environmental Management.

    (6) HEALTH OFFICER. The Director of the Alabama Department of Environmental Management.

    (7) LOCAL GOVERNMENTAL UNIT. Any community, town, city, county, board, authority, nonprofit corporation or other unit of government created by the Legislature.

    (8) PERSON. Any individual, firm, partnership, corporation, local governmental unit, party, company, association, federal agency, state agency or any other public or private legal entity.

    (9) SUPPLIER OF WATER. Any person who owns or operates a public water system.

    (10) CONTAMINANT. Any physical, chemical, biological or radiological substance or matter in water.

    (11) PUBLIC WATER SYSTEM. A system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals at least 60 days out of the year. A public water system includes:

    a. Any collection, treatment, storage and distribution facilities under the control of the operator of such system and used primarily in connection with such system; and
    b. Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.
    A public water system is either a community water system or a noncommunity water system.

    (12) COMMUNITY WATER SYSTEM. A public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.

    (13) NONCOMMUNITY WATER SYSTEM. A public water system which does not meet the requirements of a community water system.

    (14) MAJOR MODIFICATION. Any modification of a public water supply which is declared to be "major" by the regulations of the board.

    (15) STATE PRIMARY DRINKING WATER REGULATION. A regulation which:

    a. Applies to a public water system;

    b. Specifies contaminants which, in the judgment of the board, may have an adverse effect on the public health;

    c. Specifies for each such contaminant either:

    1. A maximum contaminant level; or

    2. Each treatment technique known to the board which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of Section 22-23-33 if, in the judgment of the board, it is not economically or technologically feasible to ascertain the level of such contaminant; and

    d. Contains criteria and procedures to assure a supply of drinking water which dependably does not exceed such maximum contaminant levels, including 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:

    1. The minimum quality of water which may be taken into the system; and

    2. Siting for new facilities for public water systems.

    (16) STATE SECONDARY DRINKING WATER REGULATION. A regulation which:

    a. Applies to a public water system;

    b. Specifies maximum contaminant levels necessary to protect the public comfort or well-being controlling contaminants which:

    1. Adversely affect odor or appearance of water, thereby causing substantial number of persons to discontinue its use; or

    2. Otherwise adversely affect the public comfort or well-being; and

    c. May vary according to geographic and other circumstances.

(Acts 1977, No. 805, p. 1389, §2; Acts 1982, No. 82-612, p. 1111, §11(c).)