Safe drinking water act.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0491

HOUSE BILL
NO.
HB0174

Safe drinking water act.

Sponsored by:
Representative(s) Zwonitzer, Anderson, R., Buchanan, Hageman, Petersen and Samuelson and Senator(s) Anderson, J. and Geis

A BILL

for

AN ACT relating to public health and safety; providing for the Wyoming Safe Drinking Water Act; providing for authority, administration and enforcement of the act as specified; providing definitions; making conforming amendments; providing an appropriation and positions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 35
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1901 through 35
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1908 are created to read:

ARTICLE

19
SAFE DRINKING WATER

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1901.

Short title.

This article is known and may be cited as the "Wyoming Safe Drinking Water Act."

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1902.

Coverage.

The requirements of this article shall apply to each public water supply as defined in W.S. 35
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103(h)(vii).

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1903.

Prohibited acts.

No person, except when authorized by a permit, variance, exemption or compliance schedule issued pursuant to the provisions of this article, shall operate a public water supply as defined in W.S. 35
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103(h)(vii) which is not in compliance with the primary drinking water regulation as defined in W.S. 35
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103(h)(v) and the requirements of this section.

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1904.

Administrator's authority to recommend standards, rules, regulations or permits.

(a)

The administrator, after receiving public comment, shall recommend to the director rules, regulations, standards and permit systems to promote the purposes of this article and meet the requirements of the National Primary Drinking Water Regulations. The rules, regulations, standards and permit systems shall prescribe:

(i)

Drinking water standards which are no less stringent than the National Primary Drinking Water Regulations promulgated in 40 C.F.R. § 141;

(ii)

Standards for the issuance of variances and exemptions and opportunities for public input and hearings as authorized by W.S. 35
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1905;

(iii)

Standards for the development and implementation of a source water assessment program to address all public water supplies;

(iv)

Standards for water quality sampling, record keeping and reporting;

(v)

Standards for public notice requirements for public water supplies;

(vi)

Standards for community water systems to provide consumer confidence reports;

(vii)

Standards for the determination of capacity development capabilities to ensure that all new or modified community water systems and new or modified nontransient noncommunity water systems commencing operation after July 1, 2005, demonstrate capacity development capabilities by July 1, 2006, develop a strategy to assist all community and noncommunity water systems in acquiring and maintaining capacity development by adopting procedures governing capacity development in compliance with § 1420 of the Safe Drinking Water Act (42 U.S.C. § 300g-9). The department shall have the authority to require new systems in noncompliance of capacity development capabilities to take corrective actions to correct inadequacies or cease water system operations;

(viii)

Standards for the development of emergency response plans by public water supplies pursuant to W.S. 35
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1908;

(ix)

Standards for the establishment of administrative penalties pursuant to W.S. 35
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1906; and

(x)

Standards for the certification of laboratories servicing public water supplies.

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1905.

Variances and exemptions.

(a)

The director may grant a variance or exemption from the primary drinking water regulations after documenting all findings that are required under §§ 1415 and 1416 of the Safe Drinking Water Act (42 U.S.C. §§ 300g
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4 and 300g-5) and 40 C.F.R. § 142.20.

(b)

Before a variance or exemption is granted, the director shall:

(i)

Find that the variance or exemption will not result in an unreasonable risk to public health;

(ii)

Provide an opportunity for public input and a hearing on the proposed variance; and

(iii)

Establish a compliance schedule for the public water supply to install the best technology, treatment techniques or other means available to the system.

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1906.

Administrative penalties.

Notwithstanding and in lieu of W.S. 35
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901 through 35
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904, the department shall have the authority to assess administrative penalties. For public water supplies serving a population of more than ten thousand (10,000) individuals, the department shall have the authority to impose a penalty of one thousand dollars ($1,000.00) to ten thousand dollars ($10,000.00) per day per violation. For public water supplies serving a population of ten thousand (10,000) or fewer individuals the department shall establish a penalty that is adequate to ensure compliance with the regulations pursuant to this article, but in no case shall the penalty exceed one thousand dollars ($1,000.00) per day.

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1907.

Duties of department.

(a)

The department shall:

(i)

Maintain an inventory of public water supplies;

(ii)

Conduct periodic sanitary surveys of potable water systems and sources, take water samples and inspect records to insure the system is not creating an unreasonable risk to public health. The department shall provide written reports of sanitary surveys to the water supplier;

(iii)

Require public water supplies to correct any deficiency identified by a sanitary survey;

(iv)

Require regular water sampling, record keeping and reporting by public water supplies. These samples shall be analyzed in a laboratory approved by the department;

(v)

Investigate any water supply that fails to meet the drinking water standards and maximum contaminant levels established by the department;

(vi)

Develop and implement a source water assessment program to address all public water supplies. The department may establish a program to assist public water supplies in developing and implementing source water protection plans and programs pursuant to § 1454 of the Safe Drinking Water Act (42 U.S.C. § 300j-14) including the use of set asides authorized by § 1452(k) of the Safe Drinking Water Act (42 U.S.C. § 300j-12(k));

(vii)

Require every public supply system to provide public notice that is no less stringent than the applicable federal regulations;

(viii)

Establish and maintain a program for the certification of laboratories conducting analytical measurements of drinking water contaminants pursuant to the primary drinking water regulations;

(ix)

Require community water systems to provide consumer confidence reports required by applicable federal regulations.

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1908.

Emergency response.

(a)

The department shall adopt and implement a plan for the provision of safe drinking water under emergency circumstances including, but not limited to, earthquakes, floods and other natural disasters.

(b)

The department shall require each supplier of water to compile an emergency plan.

(c)

The director shall have the authority, in coordination with the department of health, to require boil orders or other appropriate actions when contaminant levels in a public water supply threaten public health and safety.

Section 2.

W.S. 35
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103(a)(xiii) and by creating a new subsection (h), 35
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105(a) by creating a new paragraph (vii), 35
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108, 35
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109(a) by creating new paragraphs (xvi) and (xvii), 35
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110(a)(intro) and by creating a new subsection (f), 35
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112(a)(intro) and 35
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601 by creating a new subsection (s) are amended to read:

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103.

Definitions.

(a)

For the purpose of this act, unless the context otherwise requires:

(xiii)

"This act" means W.S. 35
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101 through 35
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403, 35
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405, 35
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406, 35
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408 through 35
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1106, 35
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1414 through 35
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1428,
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1601 through 35
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1613, 35
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1701
,

and
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1801 through 35
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1803
and 35
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1901 through 35
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1908
.

(h)

Specific definitions applying to drinking water:

(i)

"Community water system" means a public water supply that has at least fifteen (15) service connections used year round by residents or that regularly provides water to at least twenty-five (25) residents year round, including, but not limited to, municipalities and water and sewer districts;

(ii)

"Contaminant" means any physical, chemical, biological or radiological substance or matter;

(iii)

"Maximum contaminant level" means the maximum permissible level of a contaminant in water that is delivered to any user of a public water supply;

(iv)

"Nontransient noncommunity water system" means a public water supply which is not a community water system and which regularly provides service to at least twenty-five (25) of the same persons for more than six (6) months of the year where those persons are not full-time residents, including, but not limited to, schools, factories and office buildings;

(v)

"Primary drinking water regulation" means a regulation that:

(A)

Applies to public water supplies;

(B)

Specifies contaminants that may have an adverse effect on the health of persons;

(C)

Specifies for each such contaminant either:

(I)

A maximum contaminant level as determined by the United States environmental protection agency; or

(II)

If it is determined by the United States environmental protection agency that it is not economically or technologically feasible to ascertain the level of such contaminant, each treatment technique known to the United States environmental protection agency that leads to a reduction in the levels of the contaminant sufficient to satisfy the requirements of the Wyoming Safe Drinking Water Act; and

(D)

Contains criteria and procedures to assure a supply of potable water that dependably complies with such maximum contaminant levels, including quality control and testing procedures to insure compliance with such levels and insure proper operation and maintenance of the public water supply, and requirements as to the minimum quality of water that may be taken into the supply and siting for new facilities for public water supplies.

(vi)

"Potable water" means water that is sufficiently free from biological, chemical, radiological or physical impurities such that individuals will not be exposed to disease or harmful physiological effects;

(vii)

"Public water supply" means the system for the provision to the public of piped water for human consumption, if the system has at least fifteen (15) service connections or regularly serves at least twenty-five (25) individuals including:

(A)

Any collection, treatment, storage and distribution facility under control of the operator of the system and used primarily in connection with the system; and

(B)

Any collection or pretreatment storage facility not under such control which is used primarily in connection with the system.

(viii)

"Secondary drinking water regulation" means a regulation that applies to public water supplies and specifies the maximum contaminant levels which, in the judgment of the director, are required to protect the public welfare. A regulation may apply to any contaminant in drinking water that may adversely affect the odor or appearance of the water and consequently may cause a substantial number of the persons served by the public water supply providing the water to discontinue its use, or that may otherwise adversely affect the public welfare;

(ix)

"Service connection" means the connection between a public water supply and a customer that enables the customer to receive potable water from the public water supply;

(x)

"Supplier of water" or "water supplier" means any person who owns or operates a public water supply.

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105.

Divisions enumerated.

(a)

The department shall consist of the following divisions:

(vii)

Drinking water division.

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108.

Appointment of director and division administrators; qualifications of director; term; salaries; employment of assistants.

The governor with the advice and consent of the senate shall appoint a director of the department who is the department's executive and administrative head. The director shall possess technical qualifications and administrative and other experience sufficient to fulfill the duties of his position. The director shall appoint administrators for each of the divisions of abandoned mine land, industrial siting, solid and hazardous waste management, air quality, water quality
,

and
land quality
and drinking water
, who are the executive and administrative heads of their respective divisions. The administrators shall serve at the pleasure of the director and are responsible to and under the control and supervision of the director. The salary and qualifications of each administrator shall be determined by the human resources division. The director, with the advice of the respective administrators, may employ professional, technical and other assistants, along with other employees as may be necessary to carry out the purposes of this act. The governor may remove the director as provided in W.S. 9
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202.

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109.

Powers and duties of director.

(a)

In addition to any other powers and duties imposed by law, the director of the department shall:

(xvi)

Issue variance and exemptions for primary drinking water regulations pursuant to W.S. 35
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1905;

(xvii)

Designate authorized officers, employees or representatives to enter and inspect any public water supply including the right to sample, whether or not the department has evidence the system is in violation of any applicable legal requirement.

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110.

Powers of administrators of the divisions.

(a)

The administrators of the air quality, land quality
,

and
water quality
, solid and hazardous waste management and drinking water
divisions, under the control and supervision of the director, shall enforce and administer this act and the rules, regulations and standards promulgated hereunder. Each administrator shall have the following powers:

(f)

The administrator of the drinking water division shall enforce and administer the provisions of W.S. 35
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1901 through 35
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1908. He shall have the powers set forth in subsection (a) of this section.

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112.

Powers and duties of the environmental quality council.

(a)

The council shall act as the hearing examiner for the department and shall hear and determine all cases or issues arising under the laws, rules, regulations, standards or orders issued or administered by the department or its air quality, land quality, solid and hazardous waste management
,

or
water quality
or drinking water
divisions. Notwithstanding any other provision of this act, including this section, the council shall have no authority to promulgate rules or to hear or determine any case or issue arising under the laws, rules, regulations, standards or orders issued or administered by the industrial siting or abandoned mine land divisions of the department. The council shall:

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601.

Applications; authority to grant; hearing; limitations; renewals; judicial review; emergencies.

(s)

Any application for a variance or exemption from the primary drinking water regulations shall be made solely under the provisions of W.S. 35
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1905.

Section 3.

W.S. 35
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103(c)(xvii) and (xviii) is repealed.

Section 4.

There is appropriated from the general fund to the department of environmental quality two hundred fifty thousand dollars ($250,000.00) for the purposes of this act. There is authorized three (3) additional full-time positions for the department of environmental quality for the purpose of implementing this act.

Section 5.

This act is effective July 1, 2005.

(END)

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HB0174