House Bill 231

(As Sent to Governor)

AN ACT TO AMEND SECTION 41-26-13, MISSISSIPPI CODE OF 1972, TO REVISE THE PUBLIC NOTIFICATION REQUIREMENT FOR PUBLIC WATER SYSTEMS BY REQUIRING THE PUBLIC NOTICE TO BE PROVIDED TO THE STATE DEPARTMENT OF HEALTH FOR PUBLICATION ON ITS WEB SITE; TO REQUIRE THE PUBLIC WATER SYSTEM TO PROVIDE NOTICE IN CERTAIN NEWSPAPERS THAT THE DRINKING WATER QUALITY REPORTS ARE AVAILABLE ON THE STATE DEPARTMENT OF HEALTH WEB SITE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-26-13, Mississippi Code of 1972, is amended as follows:

41-26-13. (1) A public water system shall, as soon as practicable, notify the county or district health department, the board and the administrator if one (1) of the following conditions exist: (a) the system is not in compliance with the Mississippi Primary Drinking Water Regulations; (b) the system fails to perform monitoring required by regulations adopted by the board; (c) the system is subject to a variance granted for an inability to meet a maximum contaminant level requirement; (d) the system is subject to an exemption; or (e) the system fails to comply with the requirements prescribed by a variance or exemption.

(2) In addition, the system shall provide public notice. The notice shall be provided to the Mississippi State Department of Health at least once every three (3) months, and that public notice shall be published by the department on its Web site. The system shall provide notice that the drinking water quality reports are available on the Mississippi State Department of Health Web site by placing the notice, including the Web site address, in a newspaper of general circulation in the area which is served by the water system, as determined by the director. The notice shall not be placed in the legal section of the newspaper. The notice shall be furnished to the other communications media serving the area as soon as practicable after the discovery of any condition for which the notice is required. If the water bills of a public water system are issued more often than once every three (3) months, the notice shall be included in at least one (1) water bill of the system every three (3) months, and if a public water system issues its water bills less often than once every three (3) months, the notice shall be included in each water bill issued by the system.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.