For the purpose of this part, the following terms are defined:

1. (1) “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water;
2. (2) “Cross-connection” means a physical connection between a public water supply and either an unsafe or a questionable quality water supply or any toxic or objectionable material;
3. (3) “Distribution system” means all systems of conduits and their appurtenances by which water is distributed to consumers;

4. (4) “Financial capacity” means financial resources of the water system including but not limited to the:

   1. (A) Revenue sufficiency;
   2. (B) Credit worthiness; and
   3. (C) Fiscal controls;
5. (5) “Ground water” means naturally occurring water occupying the zone of saturation in the ground below the surface of the earth;

6. (6) “Managerial capacity” means the management structure of the water system including but not limited to:

   1. (A) Ownership accountability;
   2. (B) Staffing;
   3. (C) Organization; and
   4. (D) Effective linkages;

7. (7)

   1. (A) “Maximum containment level (MCL)” 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 and other specific contaminants where the maximum permissible level is measured at the point of entry to the distribution system.
   2. (B) Contaminants added to the water under circumstances controlled by the user, except for those resulting from corrosion of piping and plumbing caused by water quality, are excluded from this definition.
   3. (C) It is not the intent of this part to include individual service pipes from the property side of the water meter to buildings and plumbing within or in connection with buildings served, since this is covered in the Arkansas Plumbing Code, 17 CAR pt. 65;
8. (8) “National Primary Drinking Water Regulations” means the current, effective drinking water regulations promulgated by the United States government;

9. (9) “Owner” means any person, firm, corporation, institution or governmental agency, or their agent, owning, operating, or modifying any:

   1. (A) Water system;
   2. (B) Distribution system; or
   3. (C) Water treatment plant;
10. (10) “Public water supply reservoir” means a lake or reservoir, not owned by the United States of America, which is utilized as a source, directly or indirectly, either permanently, temporarily, or as a standby, for a public water system;

11. (11)

    1. (A) “Public water system” or “PWS” means 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 (15) service connections or serves an average of at least twenty-five (25) individuals daily at least sixty (60) days per year.

    2. (B) Such term includes:

       1. (i) 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. (ii)

          1. (a) (a) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.
          2. (b) (b) This includes sources for bottled water.
    3. (C) “Community public water system” means a public water system that serves at least fifteen (15) service connections used by year-round residents or regularly serves at least twenty-five (25) year-round residents.

    4. (D)

       1. (i) “Noncommunity public water system” means a public water system that serves at least fifteen (15) service connections or at least twenty-five (25) persons per day that is not a community water system, or a water source that is not a community water system that is utilized as a source for bottled water.
       2. (ii) “Nontransient noncommunity public water system” means a noncommunity water system that serves at least twenty-five (25) of the same individuals at least one hundred eighty (180) days (or portions thereof) per year.
       3. (iii) “Transient noncommunity public water system” means any noncommunity water system that is not a nontransient noncommunity public water system;
12. (12) “Restricted intake zone” means an area immediately adjacent to a surface water source intake, in which no activity unrelated to the operation of the intake or water system is permitted;
13. (13) “Restricted buffer zone” means an area, larger than the restricted intake zone, surrounding a surface water intake, a spring, or a wellhead, in which activity is restricted to those activities that will not have the potential to cause contamination of the water source;

14. (14) “Surface water influenced ground water” means a ground water:

    1. (A) With significant occurrence of insects or other macro-organisms, algae, or large diameter pathogens such as Giardia lamblia; or
    2. (B) Which is subject to significant changes in water quality which are determined to be in direct relationship with the climatological or surface water conditions;

15. (15)

    1. (A) “Surface water” means water that flows over or rests upon the surface of the earth.
    2. (B) The term “surface water” includes rivers, lakes, impoundments, reservoirs, and springs in addition to other man-made and naturally occurring bodies of water on the surface of the earth.
    3. (C) Thermal springs with minimum water temperatures greater than one hundred twenty degrees Fahrenheit (120˚ F) are not considered surface water.
    4. (D) “Surface water” shall not include those springs for which a comprehensive hydrogeologic and microbiologic study has been performed by the owner which indicates a lack of surface water influence, and which has been accepted by the Department of Health and the regional office of the United States Environmental Protection Agency, unless additional information refutes the original report's conclusions;

16. (16) “Technical capacity” means the physical infrastructure of the water system including, but not limited to:

    1. (A) The source water adequacy;
    2. (B) Infrastructure adequacy (source, treatment, storage, and distribution); and
    3. (C) The ability of system personnel to implement the requisite technical knowledge;
17. (17) “Water treatment plant” means a group or assemblage of processes, devices, and structures used for treating or conditioning water for public drinking or domestic purposes;

18. (18)

    1. (A) “Water operator” means any person who during the performance of their regular duties, at any community public water system, any nontransient, noncommunity public water system, or any transient noncommunity public water system that utilizes a surface water or surface water influenced source, exercises individual judgment, whether directly or indirectly, that might affect the safety, quality, or quantity of water delivered from the water system.

    2. (B) The term “operator” generally includes, but is not limited to, managers, assistant managers, superintendents, assistant superintendents, construction and maintenance foremen, treatment plant personnel, and other persons responsible for the operation and maintenance of:

       1. (i) Wells;
       2. (ii) Reservoirs;
       3. (iii) Water treatment facilities;
       4. (iv) Water distribution facilities; and
       5. (v) Pumping facilities;
19. (19) “Water operator of record” means that person, not including elected officials performing their duties of office, whose primary responsibility is the highest level of management and/or operation of the water system, and compliance with the relevant state rules and federal drinking water regulations; and

20. (20) “Water operator or operators in responsible charge” means the water operator or operators designated by the owner to be the licensed operator or operators who are in direct supervision of the water system regarding the daily operational activities and protocols that an operator or operators follows when operating a:

    1. (A) Public water system;
    2. (B) Water treatment facility; and/or
    3. (C) Distribution facility.

Codification Notes: National Primary Drinking Water standards are codified at 40 C.F.R. pts. 141 – 143.