Current through Register Vol. 43, No.
12, March 20, 2024
(a)
For the purposes of this article and article 15 of the department's
regulations, the definitions in
40
C.F.R. 141.2, as in effect on July 1, 2015,
are hereby adopted by reference with the following alterations:
(1)
(A) The
definition of "Public water system" shall be replaced with the following:
" 'Public water supply 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 the system has at least 10 service
connections or regularly serves an average of at least 25 individuals daily at
least 60 days out of the year. This term shall include the following:
"(1) Any collection, treatment, storage, and
distribution facilities under control of the operator of the system and used
primarily in connection with the system; and
"(2) any collection or pretreatment storage
facilities not under this control that are used primarily in connection with
the system.
"This term shall not include any 'special irrigation
district.'
"Each public water supply system shall be deemed either a
'community water supply system' or a 'non-community water supply system.'
"
(B) The term
"public water supply system" shall replace the term "public water system"
wherever the latter term appears in any of the text adopted in this
article.
(2) The
definition of "Community water system" shall be replaced with the following: "
'Community water supply system' means a public water supply system which has at
least 10 service connections used by year-round residents or regularly serves
at least 25 year-round residents."
The term "community water supply system" shall replace the term
"community water system" wherever the latter term appears in any of the text
adopted in this article.
(3) The definition of "Person" shall be
replaced by the following: " 'Person' means an individual, corporation,
company, institution, association, partnership, township, municipality, county,
state, or federal agency that owns, administers, operates, or maintains a
public water supply system that includes a community water supply system or a
non-community water supply system."
(4) The following definitions shall be added
to 40 C.F.R. 141.2:
(A) "Administrator" means administrator of
the environmental protection agency.
(B) "Approved laboratory" means a laboratory
certified and approved by the department to analyze water samples to determine
compliance with maximum contaminant levels or to perform other required
analyses.
(C) "Department" and
"primacy agency" mean Kansas department of health and environment.
(D) "Distribution system" means the system of
conduits and appurtenances by which a water supply is distributed to
customers.
(E) "Laboratory tests"
means all bacteriological, chemical, physical, or radiological tests made by
either the departmental laboratory or an approved laboratory on water samples
that were submitted by the operator of a public water supply system to confirm
the quality of water.
(F)
"Operating records and reports" means the daily record and the monthly report
of data connected with the operation of the public water supply system's
facilities.
(G) "Secretary" means
secretary of the Kansas department of health and environment.
(H) "Significant deficiency" means any defect
in a public water supply system's design, operation, maintenance, or
administration, as well as any failure or malfunction of any system component
that causes, or has the potential to cause, an unacceptable risk to health or
that could affect the reliable delivery of safe drinking water.
(I) "Turbidity" means the cloudy condition of
water caused by the presence of finely suspended matter, including clay, silt,
plankton, and microscopic organisms, resulting in the scattering and absorption
of light rays. Turbidity is measured in nephelometric turbidity units
(NTU).
(b)
For the purposes of this article and article 15 of the department's
regulations, the following terms and phrases appearing in the federal
regulations adopted by reference in this article and article 15 of the
department's regulations shall be defined or replaced as specified in this
subsection:
(1) "Must" shall be replaced by
"shall."
(2) "SDWA" means the safe
drinking water act, 42 U.S.C. Sec. 300f et seq., and amendments
thereto.
(3) "This part" and "part"
shall be replaced by "this article" and "article."
(4) "This subpart" and "subpart" mean that
specific, named group of primary drinking water regulations in which the
regulation is placed within this article.
