Washington Code 70A.125.010 – Definitions
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Unless the context clearly requires otherwise, the following definitions apply throughout this chapter:
Terms Used In Washington Code 70A.125.010
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
(1) “Area-wide waivers” means a waiver granted by the department as a result of a geographically based testing program meeting required provisions of the federal safe drinking water act.
(2) “Department” means the department of health.
(3) “Federal safe drinking water act” means the federal safe drinking water act, 42 U.S.C. § 300f et seq., as now in effect or hereafter amended.
(4) “Group A public water system” means a public water system with fifteen or more service connections, regardless of the number of people; or a system serving an average of twenty-five or more people per day for sixty or more days within a calendar year, regardless of the number of service connections; or a system serving one thousand or more people for two or more consecutive days.
(5) “Group B public water system” means a public water system that does not meet the definition of a group A public water system.
(6) “Local board of health” means the city, town, county, or district board of health.
(7) “Local health jurisdiction” means an entity created under chapter 70.05, 70.08, or 70.46 RCW which provides public health services to persons within the area.
(8) “Local health officer” means the legally qualified physician who has been appointed as the health officer for the city, town, county, or district public health department.
(9) “Order” means a written direction to comply with a provision of the regulations adopted under RCW 43.20.050(2) (a) and (b) or 70A.120.050 or to take an action or a series of actions to comply with the regulations.
(10) “Person” includes, but is not limited to, natural persons, municipal corporations, governmental agencies, firms, companies, mutual or cooperative associations, institutions, and partnerships. It also means the authorized agents of any such entities.
(11) “Public health emergency” means a declaration by an authorized health official of a situation in which either illness, or exposure known to cause illness, is occurring or is imminent.
(12) “Public water system” means any system, excluding a system serving only one single-family residence and a system with four or fewer connections all of which serve residences on the same farm, providing water for human consumption through pipes or other constructed conveyances, including any collection, treatment, storage, or distribution facilities under control of the purveyor and used primarily in connection with the system; and collection or pretreatment storage facilities not under control of the purveyor but primarily used in connection with the system, including:
(a) Any collection, treatment, storage, and distribution facilities under control of the purveyor and used primarily in connection with such system; and
(b) Any collection or pretreatment storage facilities not under control of the purveyor which are primarily used in connection with such system.
(13) “Purveyor” means any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity, that owns or operates a public water system. It also means the authorized agents of any such entities.
(14) “Regulations” means rules adopted to carry out the purposes of this chapter.
(15) “Secretary” means the secretary of the department of health.
(16) “State board of health” is the board created by RCW 43.20.030.
[ 2020 c 20 § 1353. Prior: 2009 c 495 § 3; 1999 c 118 § 2; 1994 c 252 § 2; 1991 c 304 § 2; 1991 c 3 § 370; 1989 c 422 § 2; 1986 c 271 § 2. Formerly RCW 70.119A.020.]
NOTES:
Effective date—2009 c 495: See note following RCW 43.20.050.
Finding—Intent—1999 c 118: “The legislature finds and declares that the provision of safe and reliable water supplies is essential to public health and the continued economic vitality of the state of Washington. Maintaining the authority necessary to ensure safe and reliable water supplies requires that state laws conform with the provisions of the federal safe drinking water act. It is the intent of the legislature that the definition of public water system be amended to reflect recent amendments to the federal safe drinking water act.” [ 1999 c 118 § 1.]
Finding—1994 c 252: “The legislature finds that:
(1) The federal safe drinking water act has imposed significant new costs on public water systems and that the state should seek maximum regulatory flexibility allowed under federal law;
(2) There is a need to comprehensively assess and characterize the groundwaters of the state to evaluate public health risks from organic and inorganic chemicals regulated under federal law;
(3) That federal law provides a mechanism to significantly reduce testing and monitoring costs to public water systems through the use of area-wide waivers.
The legislature therefore directs the department of health to conduct a voluntary program to selectively test the groundwaters of the state for organic and inorganic chemicals regulated under federal law for the purpose of granting area-wide waivers.” [ 1994 c 252 § 1.]
Effective date—1994 c 252: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1994].” [ 1994 c 252 § 6.]
Requirements effective upon adoption of rules—1991 c 304:See note following RCW 70A.125.090.