Title 19, Health

[§340E-22] Establishment of interim action levels. (a) The director, upon identifying a contaminant in a public water system that may present an unacceptable health risk to the public, shall establish as soon as practicable, interim action levels for those contaminants for which …

[§340E-23] Rules. The director, by rules adopted under chapter 91, may establish state standards which shall supersede interim action levels. As soon as practicable and within two years of the establishment of an interim action level, and every two years thereafter until a federa…

[§340E-24] Notification of contamination of underground sources of drinking water and other sources of public drinking water. (a) Suppliers of water shall notify the department by written communication of any previously undetected chemical contamination of any underground sources…

[§340E-25 Preemption.] No provision of this part shall in any way modify or preempt the public notification requirements as identified by state or federal regulation pertaining to violation of the safe drinking water regulations. [L 1987, c 297, §3]

[§340E-3] Variances and exemptions. The director may issue variances or exemptions from the regulations issued pursuant to section 340E-2 under conditions and in a manner consistent with the public interest; however, such variances or exemptions are not permitted under conditions…

[PART III.] DRINKING WATER FINANCING §340E-31 Definitions. As used in this part, unless the context otherwise requires: "American Recovery and Reinvestment Act of 2009" means the federal law, Public Law 111-5, making appropriations for various purposes, including job preservation…

[§340E-32] Declaration of policy. The State's policy is to protect and improve drinking water quality by financing eligible projects consistent with applicable federal and state laws. [L 1997, c 218, pt of §2]

[§340E-33] Powers and duties. (a) The director may approve grants, loans, and other financial assistance consistent with this part and the Federal Act to eligible public water systems in the State. (b) The director may enter into any necessary or required agreement and give or ma…

[§340E-33.5] Use of American Recovery and Reinvestment Act of 2009 and other federal moneys. (a) The director may provide financial assistance to public water systems for the construction of necessary drinking water infrastructure projects, through the drinking water fund, using …

[§340E-34] Grants. (a) The director may make grants to public water systems from state funds as authorized and appropriated by the legislature for the construction of necessary water treatment works or other related drinking water projects. Grants shall not be made from the drink…

[§340E-35] Drinking water treatment revolving loan fund; establishment, purpose. There is established in the state treasury a fund to be known as the drinking water treatment revolving loan fund to be administered by the director. The fund shall be administered, operated, and mai…

§340E-36 Drinking water fund; uses and limitations; types of assistance. (a) Moneys in the drinking water fund may be used only as allowed and limited by sections 1452(a)(2) and (3), 1452(d), and 1452(k)(1) and (2) of the Federal Act and this part. Such uses include loans and oth…

[§340E-37] Drinking water fund; conditions. (a) No loan or other financial assistance shall be made from the drinking water fund for any project unless: (b) Except for subsidies to disadvantaged communities made consistently with section 1452(d) of the Federal Act, all loans from…

[§340E-38] Drinking water fund; deposits. The following may be deposited into the drinking water fund:

[§340E-38.5] Drinking water treatment revolving loan fund; transfers. (a) The governor, or a state official acting pursuant to authorization from the governor, may transfer an amount up to or equal to thirty-three per cent, calculated on the basis of a fiscal year's drinking wate…

[§340E-39] Drinking water fund; fees. (a) If established, fees shall cover the costs of current activities, including the issuance of loans and other financial assistance, monitoring of loans and other financial assistance repayments and conditions, technical review of the planni…

§340E-4 Imminent hazards. The director, upon learning that a contaminant is present in or is likely to enter a public water system or an underground source of drinking water and may present an imminent and substantial danger to the public, may take such actions necessary to prote…

[§340E-4.5] Tampering with public water systems, penalties. (a) Any person who tampers with a public water system, attempts to tamper with a public water system, or threatens to tamper with a public water system shall be imprisoned for not more than five years and fined an amount…

[§340E-4.6] Inspection of premises. The director, in accordance with rules adopted pursuant to chapter 91, may enter and inspect any facility of a supplier of water to determine whether such supplier is acting in compliance with this part. [L 1987, c 165, pt of §1]

[§340E-4.7] Notification to users of potential lead contamination. Before June 19, 1988, every public water system shall identify and provide notice to persons that may be affected by lead contamination of their drinking water where such contamination results from either the lead…

[§340E-4.8] Water catchment systems. (a) The department shall establish a program to conduct annual testing of water from water catchment systems for lead and copper. Any resident residing in a legal dwelling which relies on a water catchment system for the resident's water needs…

[§340E-40] Drinking water fund; interest and investment on accounts. Moneys in the drinking water fund shall be placed in interest bearing investments or otherwise invested at the discretion of the director until such time as the moneys may be needed. All interest accruing from t…

[§340E-41] Compliance. The failure or inability of any public water system to receive funds under this part or any other loan or grant program, or any delay in obtaining the funds, shall not alter the obligation of the public water system to comply in a timely manner with all app…

[§340E-5] Plan for emergency provision of water. The director shall promulgate a plan for the provision of safe drinking water under emergency circumstances. When the director determines that emergency circumstances exist in the State with respect to a need for safe drinking wate…

§340E-6 Notification of users and department. (a) Whenever a public water system: the public water system shall promptly notify the department, and in the case of a violation under [paragraph (1)], the local communications media, of the conditions and the extent to which they may…

§340E-7 Prohibited acts. (a) No supplier of water shall violate any rule adopted pursuant to section 340E-2. (b) No supplier of water shall violate any condition or provision of a variance, exemption, permit, or other written authorization issued under this part. (c) No supplier …

§340E-8 Penalties and remedies. (a) Any person who violates section 340E-7 shall be administratively or civilly penalized not more than $25,000 per day for each violation. (b) Any person who wilfully violates section 340E-7(g) shall be criminally fined not more than $25,000 per d…

[§340E-9] Administration. The director may: