Definitions

Definitions. 1. Department shall mean the Mississippi State Department of Health. 2. Director shall mean the Executive Officer of the Mississippi State Department of Health or his authorized agent. 3. Municipality shall mean a city, town, village, or other public body created by state law, or an Indian tribal organization authorized by law. 4. Federal Agency shall mean any department, agency, or instrumentality of the United States. 5. Administrator shall mean the Administrator of the U.S. Environmental Protection Agency or his authorized representative. 6. Federal Act shall mean the Safe Drinking Water Act of 1974, cited as Public Law 93-523, or any subsequent revisions thereto. 7. Regulations shall mean primary drinking water regulations promulgated by the administrator pursuant to the federal act. 8. Backflow shall mean the reversal of normal flow direction where water flows from the intended point of delivery towards the public water supply. 9. Cross Connection shall mean 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. This definition includes any arrangement of piping where a potable water line is connected to non potable water; it may be a pipe-to-pipe connection where potable and non potable water lines are directly connected or a pipe-to-water connection where the potable water outlet is submerged in non-potable water. If the potable and non-potable source are separated by gate valves, check valves or devices other than the appropriate backflow preventer as outlined by this regulation, a cross connection exists. By-pass arrangements, jumper connections, swivel or change over assemblies, or other temporary or permanent assemblies through which, or because of which, backflow may occur are considered to be cross connections. 10. Public water system means a system for the provision to the public of water for Human consumption through pipes or, after August 5, 1998, other constructed conveyances, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year. Furthermore, two or more water systems that are adjacent, that are owned or operated by the same supplier of water, that individually serve less than 15 service connections or less than 25 persons but in combination serve 15 or more service connections or 25 or more persons, shall also be defined as a public water system. Such term includes: Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system; and any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Such term does not include any “special irrigation district.” Service connection, as used in the definition of public water system, does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if: a. The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, cooking, or other similar uses); b. The Director or Administrator determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or c. The Director or Administrator determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulation. d. Special irrigation district means an irrigation district in existence prior to May 18, 1994, that provides primarily agricultural service through a piped water system with only incidental residential or similar use where the system or the residential or similar users of the system comply with the exclusion provisions in Section 1401(4)(B)(i)(II) or (III) of the Federal Safe Drinking Water Act. 11. Professionally installed shall mean installed in a workmanlike manner with no apparent errors in installation. 12. Significant deficiencies cause or have the potential to cause the introduction of contamination into drinking water delivered to customers of a public water supply. This could include defects in design, operation or maintenance of the source, treatment or distribution systems. 13. Sanitary defect is a defect that could provide a pathway for entry for microbial contamination into the distribution system or that is indicative of a failure or imminent failure in a barrier that is already in place. 14. Assessment – Level 1 is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. It is conducted by the system operator or owner. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g. whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. 15. Assessment – Level 2 is an evaluation to identify the possible presence of sanitary defects, defects in distribution system coliform monitoring practices, and (when possible) the likely reason that the system triggered the assessment. A Level 2 assessment provides a more detailed examination of the system (including the system’s monitoring and operational practices) than does a Level 1 assessment through the use of more comprehensive investigation and review of available information, additional internal and external resources, and other relevant practices. It is conducted by an individual approved by the State, which may include the system operator. Minimum elements include review and identification of atypical events that could affect distributed water quality or indicate that distributed water quality was impaired; changes in distribution system maintenance and operation that could affect distributed water quality (including water storage); source and treatment considerations that bear on distributed water quality, where appropriate (e.g., whether a ground water system is disinfected); existing water quality monitoring data; and inadequacies in sample sites, sampling protocol, and sample processing. The system must conduct the assessment consistent with any State directives that tailor specific assessment elements with respect to the size and type of the system and the size, type, and characteristics of the distribution system. The system must comply with any expedited actions or additional actions required by the State in the case of an E. coli MCL violation. 16. Clean Compliance History shall mean that the public water supply has a record of no MCL violations under Title 40 Code of Federal Regulations Section 141.63 or subpart Y; no monitoring violations under 40 Code of Federal Regulations Section 141.21 or subpart Y; and no coliform treatment technique trigger exceedances or treatment technique violations under subpart Y. 17. Seasonal System shall mean a non-community water system that is not operated as a public water system on a year-round basis and starts up and shuts down at the beginning and end of each operating season