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Definition of
a Public Water System
The Environmental Protection Agency (EPA) is publishing guidance to
the primacy agencies and EPA's regional offices for their implementation
of the Safe Drinking Water Act's (SDWA) 1996 Amendments to the definition
of a public water system (PWS) in Section 1401(4). This guidance was developed
with information from States, water suppliers, and citizens groups.
- Click to read online
or download a PDF
version of the August 5, 1998 Federal Register notice on the revised
Definition of a Public Water System, as amended by Section 1401(4) of
the 1996 SDWA Amendments.
- Correction: The guidance for the definition of a Public
Water System published in the Federal Register on August 5, 1998 (FR
Doc. 98-20904) contained an incorrect citation of the SDWA in one of
the footnotes.
- In the Federal Register issue of August 5, 1998, in FR Doc. 98-20904,
on page 41941, in the first column, in footnote 3, correct the last
sentence to read: See SDWA Section 1401(5).
- Response to
comments received on draft
guidance which was published in Federal Register on May 8, 1998.
- Preliminary
Guidance on Revised Definition
New Definition: A public water system (PWS) is 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 regularly serves at least twenty-five individuals.
CHANGES TO THE PWS DEFINITION BY THE 1996 AMENDMENTS
| "Constructed Conveyances" |
Expands the means of delivering water to include not
only systems which provide water for human consumption through pipes,
but also systems which provide water for human consumption through
"other constructed conveyances." |
| Regulation |
"Constructed conveyance" suppliers newly subject to
the PWS Date definition will be regulated as of August 6,
1998. |
| Exclusions |
Provides three means by which "constructed conveyance"
water systems may be excluded from this definition and two means
by which certain piped irrigation districts may be excluded from
this definition. |
GUIDANCE ON IMPLEMENTING THE NEW PWS DEFINITION
| Definitions |
Human Consumption. Defined to include
drinking, bathing, showering, cooking, dishwashing, and maintaining
oral hygiene. |
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Constructed Conveyance. Broadly interpreted
to refer to any manmade conduit such as ditches, culverts, waterways,
flumes, mine drains, or canals. |
| Determining Constructed Conveyances |
Natural Waterways. Factors that a primacy
agency should consider to determine whether or not a natural waterway
is considered a "constructed conveyance" include whether or not
it exists in its current configuration substantially from human
modifications, who owns or controls the water, and the reason why
water is present. |
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Counting. Whether a "constructed conveyance"
counts as a connection depends on whether the water supplier knows
or should know that the connection exists or that the individuals
are using the water from that connection for human consumption. |
| Water Suppliers' Liability |
A supplier cannot limit its SDWA liability by not making
efforts to gather necessary information and documentation regarding
its users' water use, or solely by requiring its users to sign a
waiver agreement. |
| Constructed Conveyance Exclusions |
Other Than Residential Use Exclusion.
A "constructed conveyance" system may automatically exclude a connection
from being counted if its use is exclusively for purposes other
than residential uses. |
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Alternative Water Exclusion. A "constructed
conveyance" system may exclude a connection from being counted if
the primacy agency makes a factual determination based on documentation
submitted by the water supplier that the water supplier is providing
its users at that connection with alternative water that provides
the equivalent level of public health protection as the applicable
NPDWRs. |
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Treatment Exclusion. A "constructed conveyance"
system may exclude a connection from being counted if the primacy
agency makes a factual determination based on documentation submitted
by the water supplier that the water at the connection is treated
to provide the equivalent level of public health protection as the
applicable NPDWRs. |
| Piped Irrigation Exclusion |
If in existence prior to May 18, 1994, and providing
primarily agricultural service with only incidental residential
use, a piped irrigation district may not be considered a PWS if
all of its connections comply with the alternative water or treatment
exclusions (above) for "constructed conveyance" suppliers. |
Copies of the final guidance may also be obtained by calling the Safe
Drinking Water Hotline at 800-426-4791. For further information,
contact Jon Merkle, Drinking Water Office - (WTR-6), EPA Region 9, 75
Hawthorne Street, San Francisco, California, 94105.
| You will need Adobe Acrobat Reader to view the Adobe PDF files
on this page. See
EPA's PDF page for more information about getting and using
the free Acrobat Reader. |
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