As Amended
SEC. 41-26-5. Mississippi Primary Drinking Water Regulations.
(1) The agency shall promulgate and enforce Mississippi Primary Drinking Water Regulations. Mississippi Primary Drinking Water Regulations shall protect health to the extent feasible using technology, treatment techniques and other means which are generally available, provided that at any given time the Mississippi Primary Drinking Water Regulations shall be no less stringent than the complete interim or revised National Primary Drinking Water Regulations in effect at that time.
(2) Subject to section 41-26-7, Mississippi Primary Drinking Water Regulations shall apply to each public water system in the state, except that such regulations shall not apply to a public water system:
(a) Which consists only of distribution and storage facilities, and which does not have any collection and treatment facilities;
(b) Which obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;
(c) Which does not sell water to any person; and
(d) Which is not a carrier which conveys passengers in interstate commerce.
(3) The director shall adopt and implement adequate procedures for the enforcement of Mississippi Primary Drinking Water Regulations, including monitoring and inspection procedures, that comply with regulations established by the administrator pursuant to the federal act.
(4) The director shall keep such records and make such reports with respect to his activities under subsections (1) and (3) of this section as may be required by regulations established by the administrator pursuant to the federal act.
SOURCES: Laws, 1976, ch. 452, Sec. 3, eff from and after passage (approved May 20, 1976).
1997 Amendment:
SECTION 9. Section 41-26-5, Mississippi Code of 1972, is amended as follows:
41-26-5. (1) In addition to any other duties required by law, the board shall have the following powers and duties concerning safe drinking water:
(a) To establish policies, requirements or standards governing the source, collection, distribution, purification, treatment and storage of water for public water systems as it deems necessary for the provision of safe drinking water;
(b) To adopt, modify, repeal and promulgate, after due notice and hearing and in accordance with the Mississippi Administrative Procedures Law and Section 41-26-6, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing the powers and duties of the board under this chapter;
(c) To enter into, and to authorize the director to execute contracts, grants and cooperative agreements with, any federal or state agency or subdivision thereof, interstate agency, or any other person in connection with carrying out this chapter; and
(d) To discharge other powers, duties and responsibilities which may be necessary to implement this chapter.
(2)(a) Except as provided in Section 41-26-5(2)(b), regulations adopted under this section shall apply to each public water system in the state * * *.
(b) Regulations shall not apply to a public water system:
(i) Which consists only of distribution and storage facilities, and which does not have any collection and treatment facilities;
(ii) Which obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;
(iii) Which does not sell water to any person; and
(iv) Which is not a carrier which conveys passengers in interstate commerce.
(3) The board shall develop and implement a technical assistance program to help existing potentially non-viable community public water systems to become viable and to improve the technical, managerial or financial capabilities of small community public water systems. In developing this program, the board shall work cooperatively with organizations which currently provide training and assistance to public water systems.
* * *
SOURCE: 1997 Laws, Chapter 389, Sec. 9, SB2494, Effective July 1, 1997.