Guam § 53102 - Definitions.

§ 53102. Definitions.

As used in this Chapter:

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(a) Act means the Guam Safe Drinking Water Act.

(b) Aquifer means a formation, group of formations, or

part of a formation that contains sufficient saturated

permeable material capable of yielding significant quantities

of usable potable water supply to wells or springs.

(c) Backflow means the flow of water or other liquids,

mixtures, or substances into a public water supply from any

source or sources other than its intended source. Back-

siphonage resulting from negative pressure in the

distribution system is one (1) type of backflow.

(d) Board means the Board of Directors of the Guam

Environmental Protection Agency.

(e) Bottled water company means a business that

produces drinking water in bulk or bottles for retail or

wholesale to the public.

(f) Certified operator means an individual who has

passed an examination that tests their knowledge, skills,

ability, and judgment as a water operator for a particular

classification level of water treatment facility or water

distribution system and has been certified and issued a

certificate by Guam EPA.

(g) Community water system or CWS means a public

water system which serves at least fifteen (15) service

connections used by year-round residents of the area served

by the system or regularly serves at least twenty-five (25)

year-round residents.

(h) Consecutive system is a public water system that

receives some or all of its finished water from one (1) or

more wholesale systems. Delivery may be through a direct

connection or through the distribution system of one (1) or

more consecutive systems.

(i) Contaminant means any physical, chemical,

biological, or radiological substance or matter in water.

(j) Cross-connection means any actual or physical

connection or structural arrangement between a public

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water system and any other source or system through which

it is possible to introduce into any part of the public water

system any used water, industrial fluid, gas, or other

substance not meeting the drinking water quality standards

of these regulations. By-pass arrangements, jumper

connections, removable sections, swivel or change over

devices and other temporary or permanent devices through

which “backflow” can or may occur are considered to be

cross-connections. A submerged inlet from a public water

system into a water storage tank that may also store water

from untreated source, such as rainwater catchment, is

another example of a cross-connection.

(k) Disinfection means a process which inactivates

pathogenic organisms in water by chemical oxidants or

equivalent agents.

(l) Distribution system or distribution facilities

means any combination of pipes, tanks, tanker trucks,

pumps, bottled water, etc. which delivers water from the

source(s) and/or treatment facility(ies) to the consumer.

(m) Drinking water quality standards or standards

means those primary or secondary drinking water

regulations as promulgated by either Guam EPA or USEPA.

(n) Endpoint devices means plumbing fittings and

fixtures intended to dispense water from the domestic water

piping system for human ingestion. These devices include,

but are not limited to, kitchen and bar faucets, lavatory

faucets, water dispensers, drinking fountains, water coolers,

glass fillers, residential refrigerator ice makers, supply

stops, and endpoint control valves.

(o) Federal Act means the Safe Drinking Water Act,

Pub. L. 93-523 (Dec. 16, 1974, as amended and codified at

42 U.S.C. § 300f to 300j).

(p) Federal Agency means any department, agency, or

instrumentality of the United States.

(q) Guam EPA or GEPA means the Guam

Environmental Protection Agency as established by 10 GCA

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Chapter 45.

(r) Guam EPA Administrator or Administrator means

the Administrator of the Guam Environmental Protection

Agency.

(s) Human consumption means drinking, bathing,

showering, hand washing, teeth brushing, food preparation,

dish-washing, and maintaining oral hygiene.

(t) Maximum Contaminant Level or MCL means the

maximum permissible level of a contaminant in water

which is delivered to any user of a public water system.

(u) National Primary Drinking Water Regulations

means primary drinking water regulations promulgated by

the USEPA pursuant to the Federal Act.

(v) National Secondary Drinking Water Regulations

means secondary drinking water regulations promulgated by

the USEPA pursuant to the Federal Act.

(w) Non-community water system means a public

water system that is not a community water system. A non-

community water system is either a “transient non-

community water system (TWS)” or a “non-transient non-

community water system (NTNCWS).”

(x) Non-transient non-community water system or

NTNCWS means a public water system that is not a

community water system and that regularly serves at least

twenty-five (25) of the same persons over six (6) months

per year.

(y) Person means any individual, corporation,

company, association, partnership, municipality, the

government of Guam, or a federal agency (and includes

officers, employees, and agents of any corporation,

company, association, municipality, the government of

Guam, or a federal agency).

(z) Plumbing, fittings, or fixtures means piping and

endline devices intended to dispense water from a domestic

water piping system for human ingestion such as domestic

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piping, kitchen and bar faucets, lavatory faucets, water

dispensers, drinking fountains, water coolers, glass fillers,

residential refrigerator ice makers, supply stops, and

endpoint control valves.

(aa) Primary Drinking Water Regulation means a

regulation which:

(1) applies to public water systems;

(2) specifies contaminants which, in the

judgment of the Guam Environmental Protection

Agency, may have any adverse effect on the health of

persons;

(3) specifies for each contaminant either:

(A) a maximum contaminant level if, as

determined by Guam EPA, it is economically and

technologically feasible to ascertain the level of

such contaminant in water in public water

systems; or

(B) if, as determined by Guam EPA, it is not

economically or technologically feasible to

ascertain the level of such contaminant, each

treatment technique known to Guam EPA which

leads to a reduction in the level of such

contaminant sufficient to satisfy the requirements

of § 53104 of this Chapter; and

(4) contains criteria and procedures to assure a

supply of drinking water which dependably complies

with such maximum contaminant levels, including

accepted methods for quality control and testing

procedures to ensure compliance with such levels and

to ensure proper operation and maintenance of the

system, and requirements as to:

(A) the minimum quality of water which

may be taken into the system; and

(B) siting for new facilities for public water

systems.

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(bb) Public Water System or PWS means 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 (15) service connections or

regularly serves at least twenty-five (25) persons at least

sixty (60) days out of the year. A public water system is

either a ‘‘community water system’’ or a ‘‘non-community

water system.’’

(1) The term “Public Water System” includes:

(A) any collection, treatment, storage, and

distribution facilities under the control of the

operator of such system and used primarily in

connection with such system; and

(B) any collection or pretreatment storage

facilities not under such control which are used

primarily in connection with such system.

(2) Any irrigation district in existence prior to

May 18, 1994, that provides primarily agricultural

service through a piped water system with only

incidental residential or similar use shall not be

considered to be a public water system if the system or

the residential or similar users of the system complies

with the following:

(A) GEPA determines that alternative water

to achieve the equivalent level of public health

protection provided by the applicable national

primary drinking water regulation is provided for

residential or similar uses for drinking and

cooking; or

(B) GEPA determines that the water

provided for residential or similar uses for

drinking, cooking, and bathing 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 national primary drinking water

regulations.

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(cc) Rainwater catchment means a structure for the

collection of rainwater. A rainwater catchment may be a

public water system or a part of a public water system if the

water system meets the definition of public water system.

(dd) Sanitary Survey means an onsite review of the

water source, facilities, equipment, operation, and

maintenance of a public water system for the purpose of

evaluating the adequacy of such source, facilities,

equipment, operation, and maintenance for producing and

distributing safe drinking water.

(ee) Secondary Drinking Water Regulation means a

regulation which applies to public water systems and which

specifies the maximum contaminant levels which, in the

judgment of the Guam EPA, are requisite to protect the

public welfare. Such regulations may apply to any

contaminant in drinking water:

(1) which may adversely affect the odor or

appearance of such water and consequently may cause

a substantial number of the persons served by the

public water system providing such water to

discontinue its use; or

(2) which may otherwise adversely affect the

public welfare.

Such regulations may vary according to

geographic and other circumstances.

(ff) Substantial alteration of an existing public water

system means any addition or replacement of two (2) inch or

larger pipe(s) at least two hundred (200) feet or longer to be

connected to an existing water piping system or, any

improvement or increase in the capacity of an existing

public water system.

(gg) Supplier of water means any person who owns or

operates a public water system.

(hh) Surface water means all water which is open to

the atmosphere and subject to surface runoff.

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(ii) Tamper means to introduce a contaminant into a

public water system with the intention of harming persons

or to otherwise interfere with the operation of a public water

system with the intention of harming persons.

(jj) Transient non-community water system or TWS

means a non-community water system that does not

regularly serve at least twenty-five (25) of the same persons

over six (6) months per year.

(kk) Treatment Technique or TT means a required

process intended to reduce the level of a contaminant in

drinking water.

(ll) Underground injection means the subsurface

emplacement of any material gaseous, liquid, or solid or any

admixture thereof, which may add a contaminant to

underground waters.

(mm) USEPA means United States Environmental

Protection Agency.

(nn) Wellhead protection area means the surface and

subsurface area surrounding a water well or wellfield,

supplying a public water system, through which

contaminants are reasonably likely to move toward and

reach such water well or wellfield, or the area within a one

thousand (1,000)-foot radius of any potable water supply

well.

(oo) Wholesale system is a public water system that

treats source water as necessary to produce finished water

and then delivers some or all of that finished water to

another public water system. Delivery may be through a

direct connection or through the distribution system of one

(1) or more consecutive systems.