(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
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 Guam Code Ann.
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
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.
(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.(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.

(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.