UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WSG3
Date Signed: July 26, 1976
Revised: November 1998
Revised by: Wendy Warren
MEMORANDUM
SUBJECT: Status of Water Vending Machines Under
Public Law 93-523
FROM: Victor J. Kimm (signed by Victor J. Kimm)
Deputy Assistant Administrator for Water Supply (WH-550)
TO: Regional Water Supply Representatives
Background
Region IV has asked that we determine the status of water vending machines under P.L. 93-523.
Brochures were enclosed describing a unit which provided filtration and ultraviolet disinfection.
Water was then dispensed into the customer's own container when a coin operation mechanism
was cycled.
The definition of a public water system as given by Section 141.2(e) of the NIPDWR is:
"The public water system" means a system for the provision to the public of piped water
for human consumption, through pipes or other constructed conveyances if such a system
has at least fifteen service connections or regularly1 serves at least twenty-five individuals
daily at least 60 days out of the year.
A water vending machine provides piped water for human consumption, and it would probably
serve an average of 25 people a day for at least 60 days out of the year. The coverage section of
the NIPDWR, Section 141.3, includes all public water systems unless all three of these conditions
are met:
(a) Consists only of distribution and storage facilities (and does not have any collection and
treatment facilities);
1 The regulations under the SDWA explain the term "regular" by stating that a public
water system must have at least fifteen service connections or regularly serve an average of
twenty-five individuals daily at least sixty days out of the year. 40 CFR 35.603(c), 41 F.R. 2913,
Jan. 20, 1976.
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WSG3
(b) Obtains all of its water from, but is not owned or operated by, a public water system to
which such regulations apply;
(c) Does not sell water to any person.
The whole point of water vending machines is to sell water so that condition (c) is not met.
Most machines treat the water in some way so condition (a) is not met.
If any one of (a) (b) or (c) is not met, the public water system is covered by the regulations.
Conclusion
Water vending machines which either treat water in some way or sell water are covered by
the NIPDWR as a non-community, public water supply.
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