§ 130A-315. Drinking water rules; exceptions; limitation on implied warranties.
§ 130A‑315. Drinkingwater rules; exceptions; limitation on implied warranties.
(a) The Commissionshall adopt and the Secretary shall enforce drinking water rules to regulatepublic water systems. The rules may distinguish between community water systemsand noncommunity water systems.
(b) The rules shall:
(1) Specify contaminantswhich may have an adverse effect on the public health;
(2) Specify for eachcontaminant either:
a. A maximumcontaminant level which is acceptable in water for human consumption, if it isfeasible to establish the level of the contaminant in water in public watersystems; or
b. One or moretreatment techniques which lead to a reduction in the level of contaminantssufficient to protect the public health, if it is not feasible to establish thelevel of the contaminants in water in a public water system; and
(3) Establish criteriaand procedures to assure a supply of drinking water which dependably complieswith maximum contaminant levels and treatment techniques as determined in paragraph(2) of this subsection. These rules may provide for:
a. The minimum qualityof raw water which may be taken into a public water system;
b. A program oflaboratory certification;
c. Monitoring andanalysis;
d. Record‑keepingand reporting;
e. Notice ofnoncompliance, failure to perform monitoring, variances and exemptions;
f. Inspection ofpublic water systems; inspection of records required to be kept; and the takingof samples;
g. Criteria for designand construction of new or modified public water systems;
h. Review and approvalof design and construction of new or modified public water systems;
i. Siting of newpublic water system facilities;
j. Variances andexemptions from the drinking water rules; and
k. Additional criteriaand procedures as may be required to carry out the purpose of this Article.
(b1) The rules may alsoestablish criteria and procedures to insure an adequate supply of drinkingwater. The rules may:
(1) Provide for recordkeeping and reporting.
(2) Provide forinspection of public water systems and required records.
(3) Establish criteriafor the design and construction of new public water systems and for themodification of existing public water systems.
(4) Establish proceduresfor review and approval of the design and construction of new public watersystems and for the modification of existing public water systems.
(4a) Limit the number ofservice connections to a public water system based on the quantity of wateravailable to the public water system, provided that the number of serviceconnections shall not be limited for a public water system operating inaccordance with a local water supply plan that meets the requirements of G.S.143‑355(l).
(5) Establish criteriaand procedures for siting new public water systems.
(6) Provide forvariances and exemptions from the rules.
(7) Provide for noticeof noncompliance in accordance with G.S. 130A‑324.
(b2) Two or more watersystems that are adjacent, that are owned or operated by the same supplier ofwater, that individually serve less than 15 service connections or less than 25persons but that in combination serve 15 or more service connections or 25 ormore persons, and that individually are not public water systems shall meet thestandards applicable to public water systems for the following contaminants:coliform bacteria, nitrates, nitrites, lead, copper, and other inorganicchemicals for which testing and monitoring is required for public water systemson 1 July 1994. The standards applicable to these contaminants shall be enforcedby the Commission as though the water systems to which this subsection applieswere public water systems.
(b3) The Department shallnot certify or renew a certification of a laboratory under rules adoptedpursuant to subdivision (3)b. of subsection (b) of this section unless thelaboratory offers to perform composite testing of samples taken from a singlepublic water supply system for those contaminants that the laboratory isseeking certification or renewal of certification to the extent allowed by regulationsadopted by the United States Environmental Protection Agency.
(c) The drinking waterrules may be amended as necessary in accordance with required federalregulations.
(d) When a person thatreceives water from a public water system is authorized by the UtilitiesCommission, pursuant to G.S. 62‑110(g), to charge for the costs ofproviding water or sewer service, that person shall not be subject toregulation under this Article solely as a result of submetering and billing forwater service. The supplying water system shall perform the same level ofmonitoring, analysis, and record keeping that the supplying system wouldperform if the providing water system had not been authorized to charge for thecosts of providing water or sewer service pursuant to G.S. 62‑110(g).
(e) When a public watersystem supplies water through a master meter to a water system not regulated bythis Article, the supplying water system is not responsible for operation,maintenance, or repair of the providing water system. The supplying watersystem shall not be responsible for contamination that is confined to theproviding water system if the supplying water system meets applicablerequirements for water quality, treatment, and system operation for thatcontaminant. The supplying water system may monitor the water within theproviding water system for contamination pursuant to rules adopted under thisArticle. The supplying water system and the Department shall have access to theproviding water system to investigate water quality problems and to determinewhether any contamination is confined to the providing water system and whetherthe quality of the water supplied by the supplying water system is contributingcontamination to the providing water system.
(f) If water in theproviding water system exceeds the maximum contaminant levels establishedpursuant to this Article and the Department determines that the supplying watersystem is not responsible, the supplying water system must notify the providingwater system owner in writing within one day of determining that thecontamination is confined solely to the providing water system for bacteria,nitrate, and nitrite, and within 30 days for all other contaminants.
(g) A supplier of waterregulated under this Article shall not be deemed to provide any warranty underArticle 2 of Chapter 25 of the General Statutes, including an implied warrantyof merchantability or an implied warranty of fitness for a particular purpose. (1979, c. 788, s. 1; 1983,c. 891, s. 2; 1985, c. 417, ss. 1, 2; 1991 (Reg. Sess., 1992), c. 826, s. 1;1993 (Reg. Sess., 1994), c. 776, s. 15; 1995, c. 25, s. 1; 2000‑172, s.1.1; 2001‑502, s. 6; 2004‑143, s. 8; 2008‑140, s. 1.)