NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 343
SENATE BILL 131

AN ACT TO AUTHORIZE THE STATE BOARD OF HEALTH TO REQUIRE ALL PUBLIC WATER SUPPLY SYSTEMS TO MEET CERTAIN REQUIREMENTS.

The General Assembly of North Carolina do enact:

Section 1.  Article 13 of Chapter 130 of the General Statutes of North Carolina is hereby amended by adding a new G.S. 130-161.1, to follow G.S. 130-161, and to read as follows:
"§ 130-161.1.  Public Water Supply Systems; Requirements. — (a) Preamble: The Legislative Research Commission was directed by Senate Resolution 875 of the 1969 General Assembly to study and report to the 1971 General Assembly on the need for legislation 'concerning local and regional water supplies (including sources of water, and organization and administration of water systems).' Pursuant to said Resolution a report was prepared and adopted by the Legislative Research Commission in 1970 concerning local and regional water supplies. In this report the Legislative Research Commission made the following findings concerning problems arising from the rapid growth in the number of small public water supply systems, of which the General Assembly hereby takes cognizance:
(1)	In recent years small privately-owned public water supplies have been increasing rapidly, at a rate in excess of 20 new supplies per month. As of June 1, 1970, there were 1782 public water supplies of record in North Carolina, of which over 80% served less than 1,000 persons each. The rapid increase in small water supplies is making it exceedingly difficult for State regulating agencies to maintain proper surveillance over service, and over the quality and safety of the water provided.
(2)	Small public supply systems are generally inferior to systems serving larger communities as regards adequacy of source, facilities and quality. Few provide treatment, and some can be considered as potentially hazardous. Most are installed primarily for domestic use without thought of adequate fire protection or further extension into surrounding areas. Small systems cannot be easily expanded to meet the demands of population growth, nor can they be interconnected with expanding municipal, county, or regional systems. Lack of ample source and storage facilities make small supplies particularly vulnerable to drought. Ownership of many small systems is in the hands of real estate developers, whose interest terminates with the sale of lots served by the system. Thus, no assured responsibility exists for continued operation, service, and maintenance.
(3)	The proliferation of small public water supplies poses a growing threat of inadequate, unreliable, and potentially hazardous water service to areas not served by large municipal or county systems. Better coordination and management of water supply systems in North Carolina is essential to protect the public health and in the public interest.
(b)	In order to enable the State Board of Health to coordinate and strengthen public water supply systems in the public interest, and to insure that all public water supplies are adequate and safe for drinking and domestic purposes, the State Board of Health is hereby authorized:
(1)	To adopt standards and criteria for the design and construction of public water supply systems constructed or modified on or after January 1, 1972, including but not limited to, water works facilities, appurtenances and pipe size of distribution lines; provided, however, this provision shall not limit the authority of the Utilities Commission under Chapter 62 of the General Statutes, or of the State Board of Health under Chapter 130 of the General Statutes, to require, when found necessary, improvements to public water supply systems in order to provide adequate and safe service.
(2)	To require disinfection by a method approved by the State Board of Health of all public water supplies introduced on or after January 1, 1972, and of all existing public water supplies whenever the number of water samples from a public water supply system examined by the State Board of Health is found to exceed the limits for coliform bacteria established in the Drinking Water Standards of the U.S. Public Health Service, or when conditions are found to exist which make the continued use of the water potentially hazardous to health.
(3)	To require that all proposed public water supply systems be designed in such manner as will permit the provision of an adequate, reliable and safe supply of water to all service areas anticipated or projected by the owner, owners or developer of the system, and as will further permit interconnection of the system, at an appropriate time, with an expanding municipal, county or regional system.
(4)	To require that detailed plans and specifications for all public water supply systems be prepared by an engineer licensed to practice in the State of North Carolina, and approved by the State Board of Health prior to construction of any part of the proposed system, or prior to the award of a contract (if any) for construction of any part of the proposed system, whichever may be sooner.
(5)	To require developers or owners of proposed privately-owned public water supplies to submit with their plans such evidence as may be required by the State Board of Health concerning arrangements made for continued operation, service and maintenance of the proposed water supply system.
(c)	All public water supply systems for which plans must be approved by the State Board of Health, and all plans for such systems to be hereafter introduced or altered, shall comply with applicable requirements and standards adopted pursuant to this act.
(d)	This section shall be construed as providing supplemental authority in addition to the powers of the State Board of Health under G.S. 130-161 and any other provisions of this Chapter, and in addition to the powers of the North Carolina Utilities Commission under General Statutes Chapter 62 concerning water supply systems, and in addition to the powers of the North Carolina Board of Water and Air Resources under General Statutes Chapters 87 and 143.
(e)	As used in this section, the terms 'public water supply system' and 'public water supply' mean a 'public water supply system' as defined in G.S. 130-31."
Sec. 2.  Severability. If any provision of this act or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are declared to be severable.
Sec. 3.  Subject to the provisions of G.S. 130-161.1(d) as added by this act, all laws and clauses of laws in conflict with this act are hereby repealed, provided, however, that all provisions of law affecting in any manner the regulation in the public interest of the rates or services of any public water or sewer utility as defined in Chapter 62 of the North Carolina General Statutes which is subject to the jurisdiction of the Utilities Commission shall remain in full force and effect.
Sec. 4.  This act shall be in full force and effect from and after January 1, 1972.
In the General Assembly read three times and ratified, this the 10th day of May, 1971.