House Bill NO. 1390

By Senator(s) Committee

SECTION 1. The following shall be codified as Section 41-26-14, Mississippi Code of 1972:

41-26-14. (1) The department shall develop and implement a cross connection control program in accordance with this section. Before development of the cross connection control program, the department shall consult with the United States Environmental Protection Agency regarding the development of a federal cross connection control program. It is the intent of the Legislature that any cross connection control program developed and implemented by the department be equivalent to a federal program, unless otherwise provided in this section. The cross connection control program developed and implemented under this act shall be considered the minimum program for cross connection control.

(2) (a) The board shall adopt regulations defining a high hazard cross connection and a low hazard cross connection. The board shall determine which low hazard cross connections pose a very low risk and therefore are below regulatory concern. Those low hazard cross connections posing a very low risk shall be exempt from the requirements of this section. In addition, the regulations shall specify those backflow preventers which are recommended to address both high hazard and low hazard cross connections.

(b) Any regulations previously adopted to implement a cross connection control program shall be void to the extent those regulations are in conflict or inconsistent with this section.

(3) Before December 31, 2000, each public water system shall develop and implement a cross connection control program and shall conduct a survey and on-site visits, as necessary, to locate cross connections within its system. Single-family dwellings and multi-family dwellings designed to house not more than eight (8) families shall be excluded from the survey, unless the public water system has reason to believe a cross connection exists.

(4) Before June 30, 2001, each property owner identified by the public water system as having a high hazard cross connection shall install an approved backflow preventer. If the property owner already has a backflow preventer installed, the public water system shall require the property owner to have the backflow preventer tested. If the backflow preventer functions properly, the public water system shall consider the backflow preventer approved and may allow the installed backflow preventer to remain in place until the backflow preventer fails to function properly.

(5) Before June 30, 2004, each property owner identified by the public water system as having a low hazard cross connection shall install an approved backflow preventer. If the property owner already has a backflow preventer installed, the public water system shall require the property owner to have the backflow preventer tested. If the backflow preventer functions properly, the public water system shall consider the backflow preventer approved and may allow the installed backflow preventer to remain in place until the backflow preventer fails to function properly.

(6) Each high hazard backflow preventer shall be inspected and tested at least annually. Each low hazard backflow preventer shall be inspected and tested at least biennially. If a high hazard backflow preventer fails to function properly, the property owner shall have the backflow preventer repaired and retested or shall install a new approved backflow preventer within thirty (30) days of the initial test. If a low hazard backflow preventer fails to function properly, the property owner shall have the backflow preventer repaired and retested or shall install a new approved backflow preventer within ninety (90) days of the initial test.

(7) All inspection and testing of backflow preventers under this section shall be conducted by a certified tester, unless otherwise provided in the regulations of the board. Certified backflow preventer testers shall be licensed by the department under those conditions as the department deems appropriate.

(8) If a property owner fails to install an approved backflow preventer or fails to have a backflow preventer tested as required by this section, the public water system may discontinue service to that property owner until the failure is corrected.

(9) After the dates specified in subsections (4) and (5) of this section, it is unlawful to install or allow the installation or maintenance of any cross connection, auxiliary intake or bypass, unless the source and quality of water from the auxiliary supply, the method of connection and the use and operation of that cross connection, auxiliary intake or bypass has been approved by the director.

SECTION 2. Section 41-26-15, Mississippi Code of 1972, is amended as follows:

41-26-15. The following acts and the causing of these acts are prohibited:

(a) Failure by a supplier of water to comply with the requirements of Section 41-26-13, or dissemination by that supplier of any false or misleading information with respect to notices required under Section 41-26-13, or with respect to remedial actions being undertaken to achieve compliance with Mississippi Primary Drinking Water Regulations;

(b) Failure by a supplier of water to comply with this chapter or applicable rules or regulations promulgated under this chapter, or with conditions of any variances or exemptions granted under this chapter;

(c) Failure by any person to comply with any order issued by the director, administrative law judge or hearing officer under this chapter;

(d) Refusal by a supplier of water to allow an authorized representative of the department to inspect any public water system;

(e) Contamination of a public water system;

(f) Intentionally damaging any pipe or other part of a public water system;

(g) Discharge of sewage or other waste at any location that may come into contact with a public water system intake, unless that discharge is permitted or authorized by a state or federal agency; and

(h) Abandonment or other termination of water services to more than fifty percent (50%) of the customers of a system by a supplier of water, without providing at least sixty (60) days' notice to all customers served by the public water system and the department.

SECTION 3. This act shall take effect and be in force from and after its passage.

AN ACT TO CREATE NEW SECTION 41-26-14, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF HEALTH TO DEVELOP AND IMPLEMENT A CROSS CONNECTION CONTROL PROGRAM; TO REQUIRE THE STATE BOARD OF HEALTH TO ADOPT REGULATIONS FOR IMPLEMENTATION OF THE PROGRAM; TO PLACE CERTAIN REQUIREMENTS ON THE IMPLEMENTATION OF THAT PROGRAM; TO REQUIRE PUBLIC WATER SYSTEMS TO IDENTIFY CROSS CONNECTIONS ON THE SYSTEM; TO REVISE CURRENT REGULATORY DEADLINES FOR PROPERTY OWNERS TO INSTALL BACKFLOW PREVENTERS; TO REQUIRE THE PERIODIC TESTING OF BACKFLOW PREVENTERS; TO REQUIRE THE DEPARTMENT OF HEALTH TO LICENSE CERTIFIED BACKFLOW PREVENTER TESTERS AND TO PLACE CONDITIONS ON CERTIFICATION OF BACKFLOW PREVENTER TESTERS; TO PROVIDE FOR PENALTIES FOR FAILURE TO COMPLY WITH THIS SECTION; TO AMEND SECTION 41-26-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.