Home Table of Contents

007.18.2-III. Definitions

AR ADC 007.18.2-IIIArkansas Administrative CodeEffective: January 27, 2020

West's Arkansas Administrative Code
Title 007. Department of Health
Division 18. Engineering
Rule 2. Rules and Regulations Pertaining to Public Water Systems (Refs & Annos)
Effective: January 27, 2020
Ark. Admin. Code 007.18.2-III
007.18.2-III. Definitions
For the purpose of these Rules, the following terms are defined:
A. Contaminant:
Any physical, chemical, biological, or radiological substance or matter in water.
B. Cross-Connection:
A physical connection between a public water supply and either an unsafe or a questionable quality water supply or any toxic or objectionable material.
C. Distribution System:
All systems of conduits and their appurtenances by which water is distributed to consumers.
D. Financial Capacity:
Financial resources of the water system including, but not limited to, the revenue sufficiency, credit worthiness and fiscal controls.
E. Ground Water:
Naturally occurring water occupying the zone of saturation in the ground below the surface of the earth.
F. Managerial Capacity:
The management structure of the water system including, but not limited to, ownership accountability, staffing, organization and effective linkages.
G. Maximum Contaminant Level (MCL):
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. 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. It is not the intent of these Rules 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 State Plumbing Code.
H. National Primary Drinking Water Regulations:
The current, effective drinking water regulations promulgated by the United States Government.
I. Owner:
Any person, firm, corporation, institution or governmental agency, or their agent, owning, operating, or modifying any water system, distribution system or water treatment plant.
J. Public Water Supply Reservoir:
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.
K. Public Water System:
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 service connections or serves an average of at least twenty-five individuals daily at least 60 days per 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. This includes sources for bottled water.
1. Community Public Water System:
A public water system that serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
2. Non-Community Public Water System:
A public water system that serves at least 15 service connections or at least 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.
a) Non-Transient Non-Community Public Water System:
A Non-Community Water System that serves at least 25 of the same individuals at least 180 days (or portions thereof) per year.
b) Transient Non-Community Public Water System:
Any Non-Community Water System that is not a Non-Transient Non-Community Public Water System.
L. Restricted intake zone
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.
M. Restricted buffer zone
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.
N. Surface Water Influenced Ground Water:
A ground water with significant occurrence of insects or other macro-organisms, algae, or large diameter pathogens such as Giardia lamblia, or which is subject to significant changes in water quality which are determined to be in direct relationship with the climatological or surface water conditions.
O. Surface Water:
Water that flows over or rests upon the surface of the earth. 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. Thermal springs with minimum water temperatures greater than 120 degrees Fahrenheit are not considered surface water.
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 and the Regional Office of the U.S. Environmental Protection Agency, unless additional information refutes the original report's conclusions.
P. Technical Capacity:
The physical infrastructure of the water system including, but not limited to, the source water adequacy, infrastructure adequacy (source, treatment, storage, and distribution) and the ability of system personnel to implement the requisite technical knowledge.
Q. Water Treatment Plant:
A group or assemblage of processes, devices, and structures used for treating or conditioning water for public drinking or domestic purposes.
R. Water Operator
Any person who during the performance of their regular duties, at any community public water system; any non-transient non-community public water system; or any transient non-community 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. (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 wells, reservoirs, water treatment facilities, water distribution facilities, and pumping facilities.)
S. Water Operator of Record:
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.
T. Water Operator(s) in Responsible Charge
The water operator(s) designated by the owner to be the licensed operator(s) who is in direct supervision of the water system regarding the daily operational activities and protocols that an operator(s) follows when operating a public water system, water treatment facility and/or distribution facility.

Credits

Amended April 1, 2010; March 23, 2012; Feb. 23, 2014; Jan. 27, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 007.18.2-III, AR ADC 007.18.2-III
End of Document