MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare

By: Representative Morris

AN ACT TO AMEND SECTION 41-26-8, MISSISSIPPI CODE OF 1972, TO ALLOW TWO COMMUNITY PUBLIC WATER SYSTEMS TO BE PHYSICALLY CONNECTED TO EACH OTHER BY MEANS OF A VALVE THAT DOES NOT ALLOW ANY BACKFLOW OF CONTAMINANTS; TO PROVIDE THAT IF AN EMERGENCY AFFECTS THE ABILITY OF A WATER SYSTEM TO SUPPLY WATER TO ITS CUSTOMERS, THE OPERATOR OF A WATER SYSTEM CONNECTED TO THE WATER SYSTEM HAVING THE EMERGENCY MAY OPEN THE VALVE AND SUPPLY WATER TO THE WATER SYSTEM HAVING THE EMERGENCY, IF OPENING THE VALVE WOULD NOT RESULT IN THE CONTAMINATION OF EITHER WATER SYSTEM; TO AMEND SECTIONS 41-26-3 AND 41-26-11, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-26-8, Mississippi Code of 1972, is amended as follows:

41-26-8. (1) The director shall exercise general supervision over the construction and operation of public water systems throughout the state. The general supervision shall include all of the features of construction and operation of public water systems which do or may affect the sanitary quality or the quantity of the water supply.

(2) (a) No person shall construct or change any community public water system or nontransient, noncommunity public water system until the plans for that construction or change have been submitted to and approved by the director. Plans for the construction or change must be prepared by a professional engineer registered in this state.

(b) (i) Any two (2) community public water systems may be physically connected to each other in accordance with this paragraph. The director shall adopt requirements, procedures and specifications to allow the physical connection of two (2) community public water systems by means of a valve. The valve shall meet those specifications established by the director and shall not allow any backflow of contaminants.

(ii) Any person desiring to have one (1) community public water system physically connected to another community public water system must first submit plans to the director for that connection. Before any two (2) community public water systems may be physically connected to each other, both community public water systems must be in compliance with the requirements of this chapter and the rules and regulations adopted under this chapter, and the director must approve the plans submitted.

(iii) If an emergency affects the ability of a community public water system to supply water to its customers, the operator of a community public water system that is connected to the water system having the emergency may open the valve and supply water to the water system having the emergency, upon the request of the operator of the water system having the emergency. The operator shall not open the valve if opening that valve would result in contamination of the water supply of either community public water system. When the water system having the emergency becomes able to supply its own water to its customers again, the operator shall close the valve.

(iv) For the purposes of this paragraph, "emergency" means the existence of conditions such as water pollution, fire, flood, hurricane, storm, epidemic, earthquake, water shortages or other natural or man-made conditions that are or are likely to be beyond the control of the community public water system or personnel acting on behalf of the system. The term "emergency" also includes the failure of a well.

(c) In addition to the requirements in paragraph (a) of this subsection, each applicant for a new community public water system or nontransient, noncommunity public water system shall submit an operation and maintenance plan for review and approval by the director. The plan must be approved before beginning construction.

(d) In granting any approval under this section, the director may specify any modifications, conditions or limitations as may be required for the protection of the public health and welfare.

(e) The director may also review the source of the water and the quantity of water to be withdrawn.

(f) Records of construction, including plans and descriptions of existing portions of a public water system, shall be made available to the department upon request.

(g) Each applicant for a new community public water system or nontransient, noncommunity public water system shall submit financial and managerial information as required by the public utilities staff. Following review of that information, the executive director of the public utilities staff shall certify in writing to the director the financial and managerial viability of the system if the executive director determines the system is viable. The director shall not approve the construction until that certification is received.

(h) The director shall not approve any plans for changes to an existing community public water system or nontransient, noncommunity public water system, if the director determines the changes would threaten the viability of the system or if the changes may overload the operational capabilities of the system.

(3) Each semi-public water system shall notify the department of its location, a responsible party and the number of connections served. The department shall, to the extent practicable, take appropriate actions to ensure that records on semi-public water systems are up-to-date. The board may require water well drillers to provide information on wells drilled for use by semi-public water systems. The department shall at least annually collect a sample from each semi-public water system and shall analyze that sample at no cost to the semi-public water system for microbiological contaminants and any other contaminants deemed appropriate by the department. If the department finds levels of contaminants exceeding the Mississippi Primary Drinking Water Standards, the department shall notify the responsible party and shall provide technical assistance to the system to correct the problem. No semi-public water system shall be subject to the penalty provided under Section 41-26-31.

SECTION 2. Section 41-26-3, Mississippi Code of 1972, is amended as follows:

41-26-3. For purposes of this chapter, the following terms shall have the meaning ascribed herein unless the context clearly indicates otherwise:

(a) "Administrator" means the Administrator of the U.S. Environmental Protection Agency or the administrator's designee.

(b) "Board" means the Mississippi State Board of Health.

(c) "Community public water system" means a public water system serving at least fifteen (15) individual service connections used by year-round consumers or regularly servicing at least twenty-five (25) individual consumers year-round.

(d) "Construction" means any placement, assembly or installation of facilities or equipment, including contractual obligations to purchase those facilities or equipment, at the location where the equipment will be used, including any preparation work at any location.

(e) "Contaminant" means any physical, chemical, biological or radiological substance or matter in water.

(f) "Cross connection" means any direct interconnection between a public water system and a nonpublic water system or other source which may result in the contamination of the drinking water provided by the public water system. Any valve approved under Section 41-26-8 is not a cross connection.

(g) "Department" means the Mississippi State Department of Health.

(h) "Director" means the State Health Officer or the health officer's designee.

(i) "Federal act" means the Safe Drinking Water Act of 1974, as amended, principally codified as 42 USCS Section 300(f) et seq.

(j) "Federal agency" means any department, agency or instrumentality of the United States.

(k) "Interested party" means any person claiming an interest in the water system operation that is the subject of the hearing and who may be affected by the water system.

(l) "Maximum contaminant level" means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system.

(m) "Municipality" means a city, town, village or other public body created by state law, or an Indian tribal organization authorized by law.

(n) "National primary drinking water regulations" means primary drinking water regulations promulgated by the administrator under the federal act.

(o) "Nontransient, noncommunity public water system" means a public water system that is not a community water system and that regularly serves at least twenty-five (25) of the same persons over six (6) months per year.

(p) "Person" means an individual, corporation, company, association, partnership, municipality or federal agency.

(q) "Public water system" means a system for providing to the public piped water for human consumption through pipes or other constructed conveyances if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals. The term includes but is not limited to:

(i) Any collection, treatment, storage and distribution facilities under control of the operator of the system and used primarily in connection with the system; and

(ii) Any collection or pre-treatment storage facilities not under the control which are used primarily in connection with the system.

(r) "Semi-public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances if the system has more than one but less than fifteen (15) service connections.

(s) "Supplier of water" means any person who owns, or controls a public water system.

(t) "Violator" means a public water system, an officer or director of a public water system, an operator, certified or otherwise, or any other person designated by a public water system or the department as the official responsible for the operation of a public water system.

SECTION 3. Section 41-26-11, Mississippi Code of 1972, is amended as follows:

41-26-11. The director shall develop an adequate plan for the provision of safe drinking water under emergency circumstances. If, in the judgment of the director, emergency circumstances exist in the state for safe drinking water, the director may take any actions deemed necessary to provide safe drinking water where it otherwise would not be available. Any plan developed by the director under this section shall include the operation of valves on approved physically connected community public water systems as provided under Section 41-26-8.

SECTION 4. This act shall take effect and be in force from and after July 1, 1998.