Public Water System Service Act

Ark. Code Ann. tit. 20, ch. 28

in effect

Ark. Code Ann. § 20-28-101 Title.

This chapter shall be known as the “Public Water System Service Act”.

Ark. Code Ann. § 20-28-102 Definitions.

As used in this chapter: (1) “Community public water system” means a public water system which serves at least fifteen (15) service connections used by year-round residents or which regularly serves at least twenty-five (25) year-round residents; (2) “Noncommunity public water system” means a public water system, not a community public water system, which serves fifteen (15) connections or twenty-five (25) persons at least sixty (60) days during the year; (3) “Nontransient noncommunity water system” means a noncommunity water system which serves at least twenty-five (25) of the same individuals at least one hundred eighty (180) days, or portions thereof, per year, or a public water system which is utilized as a source for bottled water; (4) “Public water system” means all sources and their surroundings from which water is derived for drinking or domestic purposes by the public, including sources for bottled water, and all structures, conduits, and appurtenances in connection therewith by which water for such use is obtained, treated, conditioned, stored, and delivered to customers; (5) “Public Water System Supervision Program” means the program administered by the Division of Engineering of the Department of Health, which includes the monitoring and supervision of all community public water systems. Activities under this program include, but are not limited to, conducting sanitary surveys, collecting and analyzing water samples and interpreting the results, training water system operators, investigating water and wastewater complaints, and reviewing applications, engineering reports, and construction plans for water and wastewater facilities; and (6) “Service connection” means any connection to a community or nontransient noncommunity public water system which delivers treated water to a residence, business, office, industry, or other customer for domestic, commercial, or industrial use.

Ark. Code Ann. § 20-28-103 Penalties — Enforcement.

(a)(1) The owner or agent of any water system violating any provisions of this chapter shall upon conviction be guilty of a violation. (2) Each day in violation shall constitute a separate offense subject to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (b) Additionally, any water system violating any provision of this chapter shall be subject to civil penalties up to one thousand dollars ($1,000) per day for each day during which the violation occurs. (c) The Attorney General or his or her designee shall assist the Department of Health in prosecuting water systems not in compliance with this chapter.

Ark. Code Ann. § 20-28-104 Fees — Exceptions.

(a) The Department of Health may collect the following fees from each public water system for service, other than plan reviews, provided by the public water system supervision program: (1)(A) For a community public water system and a nontransient noncommunity water system, not more than forty cents (40¢) per service connection per month. (B)(i) The number of service connections for a community public water system not serving discrete service connections shall be calculated by dividing the population served by two and one-half (2½). (ii) The number of service connections for a nontransient noncommunity water system shall be calculated by dividing the population served by two and one-half (2½). (C) The minimum fee charged to a community public water system or a nontransient noncommunity water system is two hundred fifty dollars ($250) per year; and (2) For a noncommunity public water system, one hundred twenty-five dollars ($125) per year. (b) The number of service connections or population served shall be taken from the department's public water system inventory at the time of billing. (c)(1) A new water system shall not be assessed a fee for services until water is supplied to the first connection. (2) Each state-owned noncommunity public water system is exempt from the fee provisions of this chapter. (d) The fees shall be established by the State Board of Health to assure implementation of this chapter.

Ark. Code Ann. § 20-28-105 Payment of fees.

(a) All fees payable under this chapter shall be due according to the following schedule and shall be payable to the Department of Health: (1) Annual fees of one thousand dollars ($1,000) and less shall be payable in a single payment due on January 1 of each year; (2) Annual fees greater than one thousand dollars ($1,000) and less than five thousand dollars ($5,000) shall be payable in quarterly payments, with the payments due on October 1, January 1, April 1, and July 1 of each year; and (3) Annual fees of five thousand dollars ($5,000) and greater shall be payable in monthly payments, with the first payment due on August 1 of each year. Successive payments shall be due on the first day of each month. (b) All water systems issuing regular water bills for water service may recover the cost of the fees stated in § 20-28-104 by one (1) of the following methods: (1) Assessing a direct charge on each bill of not more than forty cents (40¢) per month per service connection; or (2)(A) Apportioning the total amount of the annual fee charged to the water system among its customers in any manner that the water system determines to be more equitable. (B) However, a charge in excess of forty cents (40¢) per month per service shall not be charged for any service through which water is provided to another community public water system. (c) The charge shall be labeled, “FEE FOR FEDERAL SAFE DRINKING WATER ACT COMPLIANCE”, and shall not be considered as a part of the water rates of the respective water systems. The fee shall be established by the State Board of Health to assure implementation of this chapter.

Ark. Code Ann. § 20-28-106 Disposition of funds.

(a) All fees, fines, and penalties collected under this chapter are declared special revenues and shall be deposited into the State Treasury to the credit of the Public Health Fund, and such moneys shall be expended only as specified in subsection (c) of this section for the operation of the Public Water System Supervision Program. (b) Subject to rules and regulations as may be implemented by the Chief Fiscal Officer of the State, the disbursing officer for the Department of Health may transfer all unexpended funds relative to the program that pertain to fees collected, as certified by the Chief Fiscal Officer of the State, to be carried forward and made available for expenditures for the same purpose for any following fiscal year. (c) Expenditures of funds collected under this section shall be limited to the following purposes: (1) In the Division of Engineering of the Department of Health: (A) Personnel expenditures for staff engaged in program activities; (B) Expenditures for capital equipment, including vehicles, for program activities; (C) Maintenance and operation expenditures for staff engaged in program activities; (D) Expenditures for official business travel for staff engaged in program activities; (E) Expenditures for training and conferences for staff engaged in program activities; (F) Expenditures for public education activities in support of the program and the drinking water industry; (G) Expenditures for water system operator training activities; (H) Expenditures in support of a statewide wellhead protection program; (I) Expenditures for consultants and professional services in support of program activities; and (J) Expenditures for any other activities directly related to the program; and (2) In the Public Health Laboratory of the Department of Health: (A) Personnel expenditures for staff engaged in drinking water analyses; (B) Expenditures for capital equipment for drinking water analytical services; (C) Maintenance and operation expenditures for staff engaged in drinking water analytical services; (D) Expenditures for official business travel for staff engaged in drinking water analytical services; and (E) Expenditures for training and conferences for staff engaged in drinking water analytical services.

Ark. Code Ann. § 20-28-107 Development restrictions.

In reviewing the impact on public health and safety of a plan for improvements to a public water system or a public sewer system through the addition of distribution lines to a subdivision or commercial development, the Engineering Section of the Department of Health shall consider the effect of the plan on future development or zoning of adjoining properties.

Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026