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Definition of a Public Water System
The Environmental Protection Agency (EPA) is publishing guidance to the
primacy agencies and EPA's regional offices for their implementation of
the Safe Drinking Water Act's (SDWA) 1996 Amendments to the definition
of a public water system (PWS) in Section 1401(4). This guidance was developed
with information from States, water suppliers, and citizens groups.
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Click to read online
or download a PDF
version of the August 5, 1998 Federal Register notice on the revised Definition
of a Public Water System, as amended by Section 1401(4) of the 1996 SDWA
Amendments.
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Correction: The guidance for the definition of a Public Water
System published in the Federal Register on August 5, 1998 (FR Doc. 98-20904)
contained an incorrect citation of the SDWA in one of the footnotes.
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In the Federal Register issue of August 5, 1998, in FR Doc. 98-20904, on
page 41941, in the first column, in footnote 3, correct the last sentence
to read: See SDWA Section 1401(5).
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Response to comments
received on draft
guidance which was published in Federal Register on May 8, 1998.
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Preliminary Guidance
on Revised Definition
New Definition: A public water system (PWS) is a system
for the provision to the public of water for human consumption through
pipes or other constructed conveyances, if such system has at least fifteen
service connections or regularly serves at least twenty-five individuals.
CHANGES TO THE PWS DEFINITION BY THE 1996 AMENDMENTS
| "Constructed Conveyances" |
Expands the means of delivering water to include not only
systems which provide water for human consumption through pipes, but also
systems which provide water for human consumption through "other constructed
conveyances." |
| Regulation |
"Constructed conveyance" suppliers newly subject to the
PWS Date definition will be regulated as of August 6, 1998. |
| Exclusions |
Provides three means by which "constructed conveyance" water
systems may be excluded from this definition and two means by which certain
piped irrigation districts may be excluded from this definition. |
GUIDANCE ON IMPLEMENTING THE NEW PWS DEFINITION
| Definitions |
Human Consumption. Defined to include drinking,
bathing, showering, cooking, dishwashing, and maintaining oral hygiene. |
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Constructed Conveyance. Broadly interpreted
to refer to any manmade conduit such as ditches, culverts, waterways, flumes,
mine drains, or canals. |
| Determining Constructed Conveyances |
Natural Waterways. Factors that a primacy
agency should consider to determine whether or not a natural waterway is
considered a "constructed conveyance" include whether or not it exists
in its current configuration substantially from human modifications, who
owns or controls the water, and the reason why water is present. |
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Counting. Whether a "constructed conveyance"
counts as a connection depends on whether the water supplier knows or should
know that the connection exists or that the individuals are using the water
from that connection for human consumption. |
| Water Suppliers' Liability |
A supplier cannot limit its SDWA liability by not making
efforts to gather necessary information and documentation regarding its
users' water use, or solely by requiring its users to sign a waiver agreement. |
| Constructed Conveyance Exclusions |
Other Than Residential Use Exclusion. A "constructed
conveyance" system may automatically exclude a connection from being counted
if its use is exclusively for purposes other than residential uses. |
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Alternative Water Exclusion. A "constructed
conveyance" system may exclude a connection from being counted if the primacy
agency makes a factual determination based on documentation submitted by
the water supplier that the water supplier is providing its users at that
connection with alternative water that provides the equivalent level of
public health protection as the applicable NPDWRs. |
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Treatment Exclusion. A "constructed conveyance"
system may exclude a connection from being counted if the primacy agency
makes a factual determination based on documentation submitted by the water
supplier that the water at the connection is treated to provide the equivalent
level of public health protection as the applicable NPDWRs. |
| Piped Irrigation Exclusion |
If in existence prior to May 18, 1994, and providing primarily
agricultural service with only incidental residential use, a piped irrigation
district may not be considered a PWS if all of its connections comply with
the alternative water or treatment exclusions (above) for "constructed
conveyance" suppliers. |
Copies of the final guidance may also be obtained by calling the Safe
Drinking Water Hotline at 800-426-4791. For further information,
contact Jon Merkle, Drinking Water Office - (WTR-6), EPA Region 9, 75 Hawthorne
Street, San Francisco, California, 94105.
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