UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                     GUIDANCE FROM HOTLINE COMPENDIUM
                                                                             WSGH44
                                                                  Date Issued: July 1992

SUBJECT:   Incremental Service Connections

SOURCE:    Ray Enyeart, OGWDW
             (202)260-5551

Title 40 CFR § 141.2 defines a public water system as "...a system for the provision to the public
of piped water for human consumption, if such a system has at least fifteen service connections
or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the
year."  However,  there is no specific language concerning public water systems that discusses
incremental service connections.

If a housing development is currently served by a facility that has five service connections in use
and contains an additional 10 unused service connections, is the facility considered a public
water system according to the definition in 40 CFR § 141.2?
       Response:

       Title 40 CFR Part 141 does not address the treatment of unused service connections.
       EPA's policy has been that a system which serves at least 25 people or has at least 15
       service connections, regardless of whether those connections are in use, meets the Federal
       definition of a public water system (States may, and some do, regulate systems with fewer
       service connections).  However, EPA policy has also been that systems which do not
       have at least 15 service connections in use, and do not serve at least 25 people, are not
       considered to be "active" public water systems under the Federal definition and, therefore,
       are not required to meet the Federal requirements of 40 CFR § 141.

       The concept of "inactivity" was intended for systems which would dip below the 15
       connection threshold for a substantial period of time; i.e., a year or more.  EPA
       recognizes that there are some systems, such as mobile home parks or small housing
       developments, which have more than 15 connections but whose used (or active)
       connections could frequently fluctuate above and below 15. Such systems would create
       havoc with State and Federal regulatory tracking and oversight if those systems were
       considered to be alternatively subject and not subject to the regulations every few months.
        As such, for Federal oversight purposes, EPA considers such systems to be active and,
       therefore, subject to the Federal requirements, even during those times when the system
       did not have at least 15 connections in use.   While EPA would recommend that States
       adopt the same policy, it is within each State's discretion whether or not to recognize
       frequent changes in a system's "active/inactive" status.

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