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S. 219
STATUS INFORMATION
General Bill
Sponsors: Senator McConnell
Document Path: l:\council\bills\pt\1124mm03.doc
Companion/Similar bill(s): 3675
Introduced in the Senate on January 16, 2003
Currently residing in the Senate Committee on Medical Affairs
Summary: Public water systems and standards; DHEC to adopt regulations defining high and low hazard cross connections; provisions and exceptions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/16/2003 Senate Introduced and read first time SJ-19
1/16/2003 Senate Referred to Committee on Medical Affairs SJ-19
4/2/2003 Senate Committee report: Favorable with amendment Medical
Affairs SJ-17
5/18/2004 Senate Recommitted to Committee on Medical Affairs SJ-33
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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Indicates New Matter
COMMITTEE REPORT
April 2, 2003
S. 219
S. Printed 4/2/03--S.
Read the first time January 16, 2003.
To whom was referred a Bill (S. 219) to amend the Code of Laws of South Carolina, 1976, by adding Section 44-55-42 so as to prohibit a municipality, county, or public water system from adopting, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 1, Chapter 55, Title 44 of the 1976 Code is amended by adding:
"Section 44-55-42. (A) Notwithstanding any other provision of law, a municipality, county, or public water system may not adopt or implement any ordinance, rule, regulation, standard, or policy regarding cross-connection control or backflow preventer devices that is more stringent or extensive in scope, coverage, or effect than the provisions of this chapter or rules or regulations adopted by the board to implement this chapter, or is in conflict or inconsistent with the provisions of this chapter or the rules or regulations adopted by the board to implement this chapter, except as provided for in Section 44-55-30(D). Any ordinance, rule, regulation, standard, or policy regarding cross-connection control or backflow preventer devices that was adopted before July 1, 2003, is void to the extent that it is more stringent or extensive in scope, coverage, or effect than the provisions of this chapter or rules or regulations adopted by the board to implement this chapter, or is in conflict or inconsistent with the provisions of this chapter or rules or regulations adopted by the board to implement this chapter.
(B) If a municipality or county adopts or has previously adopted a building code, plumbing code, or other code that contains requirements or standards regarding cross-connection control or backflow preventer devices, the municipality or county or public water system operating in the municipality or county may not implement or enforce the requirements or standards that are more stringent or extensive in scope, coverage, or effect than the provisions of this chapter or rules or regulations adopted by the board to implement this chapter, or are in conflict or inconsistent with the provisions of this chapter or rules or regulations adopted by the board to implement this chapter."
SECTION 2. Section 44-55-20(6) of the 1976 Code is amended to read:
"(6) 'Cross-connection' means any an actual or potential proposed connection or structural arrangement between a public water system and any other another source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections."
SECTION 3. Section 44-55-30 of the 1976 Code is amended to read:
"Section 44-55-30. (A) In general, the design and construction of any a public water system must be in accord with modern engineering practices for these installations. The board shall establish regulations, procedures, or standards as may be necessary to protect the health of the public and to ensure proper operation and function of public water systems. These regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, radiological, and physical standards for public water systems, and other appropriate regulations.
(B) The board shall promulgate regulations which provide that low hazard cross-connections which are used for residential lawn irrigation are those systems connected to the public water supply that have no injection or storage of chemicals, or other health hazard substances, and are not connected to any other nonpotable source of water. The regulations must specify those cross-connection control or backflow preventer devices required for both low hazard and high hazard cross-connections. For residential low hazard irrigation systems, the board shall specify the residential dual check valve as the minimum standard. If an existing residence or residential low hazard irrigation system is protected by a residential dual check valve at the meter, no additional backflow prevention device is required.
(C) The board shall promulgate regulations, or revise existing regulations, to require that a backflow prevention device used in conjunction with a residential low hazard irrigation system must be tested or replaced, or both, every fifteen years. In promulgating regulations for the inspection of double check valve assemblies, the department may not require annual, or more frequent, inspections after an assembly is initially inspected following installation.
(D) A water purveyor may implement policies for the evaluation of the affected area using modern engineering practices and scientific principles requiring the use of a high hazard backflow preventer device for a low hazard residential irrigation system. If a water purveyor requires a high hazard backflow preventer device for an existing low hazard cross-connection, the purveyor shall provide in writing to the affected residences thirty days notice and the basis for requiring such a device. If the requirement affects twenty-five or more existing residences, the water purveyor must hold a public meeting prior to taking action.
SECTION 4. Section 44-55-40(D) of the 1976 Code is amended to read:
"(D) Any A public water system must be adequately protected and maintained so as to continuously provide safe and potable water continuously in sufficient quantity and pressure and free from potential hazards to the health of the consumers. No A person may not install, permit to be installed, or maintain any an unprotected cross-connection between a public water system and any other water system, sewer, or waste line or any a piping system or container containing polluting substances. To facilitate the prevention and control of cross-connections, the department shall certify qualified individuals who are capable of testing cross-connection control devices to ensure their proper operation."
SECTION 5. This act takes effect July 1, 2003./
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR. for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-42 SO AS TO PROHIBIT A MUNICIPALITY, COUNTY, OR PUBLIC WATER SYSTEM FROM ADOPTING, IMPLEMENTING, OR ENFORCING CROSS-CONNECTION CONTROL OR BACKFLOW PREVENTION STANDARDS THAT EXCEED THE STRINGENCY OF THE STANDARDS SET BY STATE LAW AND REGULATIONS; TO AMEND SECTION 44-55-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE SAFE DRINKING WATER ACT, SO AS TO INCLUDE A REFERENCE TO A "LOW HAZARD CROSS-CONNECTION"; TO AMEND SECTION 44-55-30, RELATING TO DESIGN AND CONSTRUCTION OF A PUBLIC WATER SYSTEM AND STANDARDS ESTABLISHED BY THE SOUTH CAROLINA BOARD OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR THE BOARD TO ADOPT REGULATIONS DEFINING A HIGH HAZARD CROSS-CONNECTION AND A LOW HAZARD CROSS-CONNECTION, TO DESCRIBE CERTAIN LOW HAZARD CROSS-CONNECTIONS, AND TO EXEMPT LOW HAZARD CROSS-CONNECTIONS FROM REGULATION; AND TO AMEND SECTION 44-55-40, RELATING TO CONSTRUCTION, INSPECTION, OPERATION, AND APPROVAL OF PUBLIC WATER TREATMENT FACILITIES AND WELLS, SO AS TO EXEMPT A LOW HAZARD CROSS-CONNECTION FROM ITS PROVISIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 55, Title 44 of the 1976 Code is amended by adding:
"Section 44-55-42. (A) A municipality, county, or public water system may not adopt or implement any ordinance, rule, regulation, standard, or policy regarding cross-connection control or backflow preventer devices that is more stringent or extensive in scope, coverage, or effect than the provisions of this chapter or rules or regulations adopted by the board to implement this chapter, or is in conflict or inconsistent with the provisions of this chapter or the rules or regulations adopted by the board to implement this chapter. Any ordinance, rule, regulation, standard, or policy regarding cross-connection control or backflow preventer devices that was adopted before July 1, 2003, is void to the extent that it is more stringent or extensive in scope, coverage, or effect than the provisions of this chapter or rules or regulations adopted by the board to implement this chapter, or is in conflict or inconsistent with the provisions of this chapter or rules or regulations adopted by the board to implement this chapter.
(B) If a municipality or county adopts or has previously adopted a building code, plumbing code, or other code that contains requirements or standards regarding cross-connection control or backflow preventer devices, the municipality or county or public water system operating in the municipality or county may not implement or enforce the requirements or standards that are more stringent or extensive in scope, coverage, or effect than the provisions of this chapter or rules or regulations adopted by the board to implement this chapter, or are in conflict or inconsistent with the provisions of this chapter or rules or regulations adopted by the board to implement this chapter."
SECTION 2. Section 44-55-20(6) of the 1976 Code is amended to read:
"(6) 'Cross-connection' means any an actual or potential connection or structural arrangement between a public water system and any other source or system through which it is possible to introduce into any part of the potable system any used water, industrial fluid, gas, or substance other than the intended potable water with which the system is supplied. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, and other temporary or permanent devices through which or because of which backflow can or may occur are considered to be cross-connections. A low hazard cross-connection, as described in Section 44-55-30(B), is a cross-connection that poses a very low risk of backflow and is exempt from the requirements of this chapter."
SECTION 3. Section 44-55-30 of the 1976 Code is amended to read:
"Section 44-55-30. (A) In general, the design and construction of any a public water system must be in accord with modern engineering practices for these installations. The board shall establish regulations, procedures, or standards as may be necessary to protect the health of the public and to ensure proper operation and function of public water systems. These regulations may prescribe minimum design criteria, the requirements for the issuance of construction and operation permits, operation and maintenance standards, and bacteriological, chemical, radiological, and physical standards for public water systems, and other appropriate regulations.
(B) The board shall adopt regulations defining a high hazard cross-connection and low hazard cross-connection. The board shall determine which low hazard cross-connections pose so low a risk of backflow as to be below regulatory concern. These low hazard cross-connections are exempt from the requirements of this chapter and not required to have a cross-connection control device or backflow preventer device. The regulations must specify those cross-connection control or backflow preventer devices recommended to address both high hazard and low hazard cross-connections. For purposes of this chapter, the following cross-connections are considered to be low hazard cross-connections posing a very low risk:
(1) residential lawn sprinkler system or residential lawn irrigation system that is connected to a public water system utilizing a Department of Health and Environmental Control-approved backflow prevention device, a residential dual check valve, or backflow prevention device previously installed by a public water utility or a system installed by a licensed irrigation contractor, regardless of whether the system is underground or aboveground or has pop-up sprinkler heads;
(2) swimming pool that is connected to a public water system and was installed in accordance with applicable codes or local requirements, or a swimming pool that is connected to a public water system and has a fill line with an antisiphon air gap;
(3) water fountain or cooler that provides drinking water for human consumption, is connected to a public water system, and was installed in accordance with applicable codes or local requirements;
(4) fire sprinkler system that contains only water or a dry pipe and no chemicals, is connected to a public water system, and was installed in accordance with applicable codes or local requirements; and
(5) commercial establishment that is connected to a public water system and contains no cross-connection directly with a dangerous or hazardous substance or material.
(C) For the purposes of this section, a lawn sprinkler system or lawn irrigation system that is connected to a public water system and either injects or stores lawn chemicals or is connected to a wastewater supply is a high hazard cross-connection and not exempt from the requirements of this chapter; except that, the local public water system must not be required to conduct an onsite inspection to identify a system described in this subsection."
SECTION 4. Section 44-55-40(D) of the 1976 Code is amended to read:
"(D)(1) Any A public water system must be adequately protected and maintained so as to continuously provide safe and potable water continuously in sufficient quantity and pressure and free from potential hazards to the health of the consumers. No A person may not install, permit to be installed, or maintain any an unprotected cross-connection between a public water system and any other water system, sewer, or waste line or any a piping system or container containing polluting substances. To facilitate the prevention and control of cross-connections, the department shall certify qualified individuals who are capable of testing cross-connection control devices to ensure their proper operation.
(2) This subsection (D) does not apply to a low hazard cross-connection as described in Section 44-55-30(B) and as otherwise identified by the board."
SECTION 5. This act takes effect July 1, 2003.
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