GENERAL ASSEMBLY OF NORTH CAROLINA

1997 SESSION

S.L. 1997-30

HOUSE BILL 189

AN ACT TO AMEND THE NORTH CAROLINA DRINKING WATER ACT SO THAT IT CONFORMS WITH FEDERAL LAW, AS RECOMMENDED BY THE ENVIRONMENTAL REVIEW COMMISSION.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 130A-313(10) reads as rewritten:

"(10)   'Public water system' means a system for the provision to the public of piped water for human consumption water for human consumption through pipes or other constructed conveyances if the system serves 15 or more service connections or which regularly serves 25 or more individuals. The term includes:

a.         Any collection, treatment, storage or distribution facility under control of the operator of the system and used primarily in connection with the system; and

b.         Any collection or pretreatment storage facility not under the control of the operator of the system which that is used primarily in connection with the system.

A public water system is either a 'community water system' or a 'noncommunity water system' as follows:

a.         'Community water system' means a public water system which that serves 15 or more service connections or which that regularly serves at least 25 year-round residents.

b.         'Noncommunity water system' means a public water system which that is not a community water system.

A connection to a system that delivers water by a constructed conveyance other than a pipe is not a connection within the meaning of this subdivision under any one of the following circumstances:

a. The water is used exclusively for purposes other than residential uses.  As used in this subdivision, 'residential uses' mean drinking, bathing, cooking, or other similar uses.

b. The Department determines that alternative water to achieve the equivalent level of public health protection pursuant to applicable drinking water rules is provided for residential uses.

c. The Department determines that the water provided for residential uses 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 drinking water rules."

Section 2.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 10th day of April, 1997.

s/   Dennis A. Wicker

President of the Senate

s/   Harold J. Brubaker

Speaker of the House of Representatives

s/   James B. Hunt, Jr.

Governor

Approved 12:13 p.m. this 17th day of April, 1997