§ 485:1-a — Definitions

As used in this chapter, unless the context clearly indicates otherwise, the following words shall have the following meanings:
I. "Community water system" means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
I-a. "Brackish" means a concentration in water of dissolved solids that is between 1,000 and 10,000 milligrams per liter.
I-b. "Closed loop geothermal system" means any heating or cooling system that operates by circulating fluid through a closed loop pipe or loops of pipes installed in the subsurface or surface water for the purpose of utilizing the geothermal properties of the subsurface or surface water as a heat source or sink.
II. "Contaminant" means any physical, chemical, biological or radiological substance or matter in the water.
III. "Department" means the department of environmental services.
IV. "Commissioner" means the commissioner of the department of environmental services.
V. "Feasible" means capable of being done with the use of the best technology, treatment techniques, and other means which the department finds, after examination for efficacy under field as well as laboratory conditions, is available at reasonable cost.
V-a. "Freshwater" means water with a concentration of total dissolved solids that is less than 1,000 milligrams per liter.
VI. "Household equivalent" means water usage equal to 300 gallons per day.
VII. "Maximum contaminant level" means the maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of a public water system, except in the case of turbidity where the maximum permissible level is measured at the point of entry to the distribution system. Contaminants added to the water under circumstances controlled by the user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from the definition.
VIII. "Maximum contaminant level goal" means that level of a contaminant in water at which no known or anticipated adverse effects on the health of consumers occur and which allows an adequate margin of safety, as determined by federal and state agencies.
IX. "National Drinking Water Regulations" means the drinking water regulations promulgated by the administrator of the U.S. Environmental Protection Agency under the authority of the Safe Drinking Water Act, P.L. 93-523, as amended.
X. "Non-community water system" means a public water system that is not a community water system.
XI. "Non-transient non-community water system" means a system which is not a community water system and which serves the same 25 people, or more, over 6 months per year.
XI-a. "Open loop geothermal system" means any heating or cooling system that operates by withdrawing water from a well and returning the water to the source well or another well for the purpose of utilizing the geothermal properties of the subsurface as a heat source or sink.
XII. "Operator" means the individual who has direct management responsibility for the routine supervision and operation of a public water system or of a water treatment plant or collection, treatment, storage, or distribution facility or structure that is a part of a system.
XIII. "Person" means any individual, partnership, company, public or private corporation, political subdivision or agency of the state, department, agency or instrumentality of the United States, or any other legal entity.
XIV. "Political subdivision" means any municipality, county, district, or any portion or combination of 2 or more thereof.
XIV-a. "Privately owned redistribution system" means a system for the provision of piped water for human consumption which does not meet the definition of public water system under paragraph XV, and meets all the following criteria: (1) obtains all of its water from, but is not owned or operated by, a public water system; (2) serves a population of at least 25 people, 10 household units, or 15 service connections, whichever is fewest, for at least 60 days per year; and (3) has exterior pumping facilities, not including facilities used to reduce pressure, or exterior storage facilities which are not part of building plumbing.
XIV-b. "Point of entry treatment" or "POET" means a treatment device or system applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.
XV. "Public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:
(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);
(b) Obtains all of its water from, but is not owned or operated by, a public water system; and
(c) Does not sell water to any person.
XV-a. "Source of water" means a spring, artesian well, spa, geyser, drilled well, public water supply, or other source, of any water used in the manufacture of bottled water, which has been inspected and approved by the department.
XV-b. "Salt water" means water with a concentration of total dissolved solids that exceeds 10,000 milligrams per liter.
XVI. "Supplier of water" means any person who controls, owns or generally manages a public water system.
XVII. "Water treatment plant" means that portion of the public water system which is designed to alter the physical, chemical, biological or radiological quality of the water or to remove any contaminants.
XVIII. "Wellhead protection area" means the surface and subsurface area surrounding a water well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield.
XIX. "Water conservation" means any beneficial reduction in water losses, waste, or use.

Legislative History

1990, 163:2. 1996, 228:68, 106. 1997, 155:5. 2002, 142:1. 2008, 279:3. 2009, 27:2-5, eff. July 7, 2009. 2024, 349:9, eff. Oct. 1, 2024.