MISSISSIPPI CODE OF 1972
As Amended

SEC. 41-26-3. Definitions.

For purposes of this chapter, the following terms shall have the meaning ascribed herein unless the context shall otherwise require:

(a) "Agency" shall mean the Mississippi State Board of Health.

(b) "Director" shall mean the executive officer of the Mississippi State Board of Health or his authorized agent.

(c) "Public water system" shall mean a system for the provision to the public of piped water for human consumption if such system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals, including but not limited to:

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

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

(d) "Person" shall mean an individual, corporation, company, association, partnership, municipality or federal agency.

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

(f) "Federal agency" shall mean any department, agency or instrumentality of the United States.

(g) "Supplier of water" shall mean any person who owns or operates a public water system.

(h) "Contaminant" shall mean any physical, chemical, biological or radiological substance or matter in water.

(i) "Administrator" shall mean the administrator of the U.S. Environmental Protection Agency.

(j) "Federal act" shall mean the Safe Drinking Water Act of 1974, cited as P.L. 93-523.

(k) "Primary drinking water regulation" shall mean a regulation which:

(i) Applies to public water systems;

(ii) Specifies contaminants which, in the judgment of the director, may have any adverse effect on the health of persons;

(iii) Specifies for each such contaminant either:

(1.) A maximum contaminant level, if in the judgment of the director it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems; or

(2.) If, in the judgment of the director, it is not economically or technologically feasible to ascertain the level of such contaminant, each treatment technique known to the director which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 41-26-5; and

(iv) Contains criteria and procedures to assure a supply of drinking water which dependably complies with 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.

(l) "National Primary Drinking Water Regulations" shall mean primary drinking water regulations promulgated by the administrator pursuant to the federal act.

SOURCES: Laws, 1976, ch. 452, Sec. 2, eff from and after passage (approved May 20, 1976).

1997 Amendment:

SECTION 8. 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 non-public water system or other source which may result in the contamination of the drinking water provided by the public water system.

(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 U.S.C. 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.

SOURCE: 1997 Laws, Chapter 389, Sec. 8, SB2494, Effective July 1, 1997.


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