[Senate Prints 106-59]
[From the U.S. Government Publishing Office]
106th Congress S. Prt.
2nd Session COMMITTEE PRINT 106-59
_______________________________________________________________________
THE SAFE DRINKING WATER ACT
AS AMENDED BY
THE SAFE DRINKING WATER ACT OF 1996
__________
0PUBLIC LAW 104-182, AUGUST 6, 1996
Printed for the use of the Commitee on Environment and Public Works
__________
U.S. GOVERNMENT PRINTING OFFICE
67-528CC WASHINGTON : 2000
For Sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC
20402
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ONE HUNDRED SIXTH CONGRESS
BOB SMITH, New Hampshire, Chairman
JOHN W. WARNER, Virginia MAX BAUCUS, Montana
JAMES M. INHOFE, Oklahoma DANIEL PATRICK MOYNIHAN, New York
CRAIG THOMAS, Wyoming FRANK R. LAUTENBERG, New Jersey
CHRISTOPHER S. BOND, Missouri HARRY REID, Nevada
GEORGE V. VOINOVICH, Ohio BOB GRAHAM, Florida
MICHAEL D. CRAPO, Idaho JOSEPH I. LIEBERMAN, Connecticut
ROBERT F. BENNETT, Utah BARBARA BOXER, California
KAY BAILEY HUTCHISON, Texas RON WYDEN, Oregon
LINCOLN CHAFEE, Rhode Island
Dave Conover, Staff Director
Tom Sliter, Minority Staff Director
(ii)
TABLE OF CONTENTS FOR TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT
(``SAFE DRINKING WATER ACT'') \1\
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\1\ This table of contents is not part of title XIV of the Public
Health Service Act but is set forth for the convenience of the users of
this publication.
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TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS
Sec. 1400. Short title........................................... 1
Part A--Definitions
Sec. 1401. Definitions........................................... 1
Part B--Public Water Systems
Sec. 1411. Coverage.............................................. 4
Sec. 1412. National drinking water regulations................... 4
Sec. 1413. State primary enforcement responsibility.............. 24
Sec. 1414. Enforcement of drinking water regulations............. 25
Sec. 1415. Variances............................................. 36
Sec. 1416. Exemptions............................................ 42
Sec. 1417. Prohibition on use of lead pipes, solder, and flux.... 46
Sec. 1418. Monitoring of contaminants............................ 48
Sec. 1419. Operator certification................................ 51
Sec. 1420. Capacity development.................................. 52
Part C--Protection of Underground Sources of Drinking Water
Sec. 1421. Regulations for State programs........................ 56
Sec. 1422. State primary enforcement responsibility.............. 58
Sec. 1423. Enforcement of program................................ 60
Sec. 1424. Interim regulation of underground injections.......... 63
Sec. 1425. Optional demonstration by States relating to oil or
natural gas.................................................... 64
Sec. 1426. Regulation of State programs.......................... 65
Sec. 1427. Sole source aquifer demonstration program............. 65
Sec. 1428. State programs to establish wellhead protection areas. 69
Sec. 1429. State ground water protection grants.................. 72
Part D--Emergency Powers
Sec. 1431. Emergency powers...................................... 73
Sec. 1432. Tampering with public water systems................... 74
Part E--General Provisions
Sec. 1441. Assurance of availability of adequate supplies of
chemicals necessary for treatment of water..................... 75
Sec. 1442. Research, technical assistance, information, training
of personnel................................................... 77
Sec. 1443. Grants for State programs............................. 81
Sec. 1444. Special study and demonstration project grants;
guaranteed loans............................................... 85
Sec. 1445. Records and inspections............................... 86
Sec. 1446. National Drinking Water Advisory Council.............. 92
Sec. 1447. Federal agencies...................................... 93
Sec. 1448. Judicial review....................................... 96
Sec. 1449. Citizen's civil action................................ 97
Sec. 1450. General provisions.................................... 98
Sec. 1451. Indian tribes......................................... 101
Sec. 1452. State revolving loan funds............................ 102
Sec. 1453. Source water quality assessment....................... 112
Sec. 1454. Source water petition program......................... 113
Sec. 1455. Water conservation plan............................... 117
Sec. 1456. Assistance to colonias................................ 118
Sec. 1457. Estrogenic substances screening program............... 118
Sec. 1458. Drinking water studies................................ 119
Part F--Additional Requirements To Regulate the Safety of Drinking
Water
Sec. 1461. Definitions........................................... 121
Sec. 1462. Recall of drinking water coolers with lead-lined tanks 122
Sec. 1463. Drinking water coolers containing lead................ 122
Sec. 1464. Lead contamination in school drinking water........... 123
Sec. 1465. [School drinking water] Federal assistance for State
programs regarding lead contamination in school drinking water. 124
THE SAFE DRINKING WATER ACT
AS AMENDED BY
THE SAFE DRINKING WATER ACT OF 1996
----------
NOTE
Amendments made by Public Law 104-182 are shown as follows:
Existing law omitted is enclosed in [black brackets], new
matter is printed in italic, existing law in which no change
occurs is shown in roman:
----------
TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT (THE SAFE DRINKING WATER
ACT) 1
[As amended by P.L. 104-182, August 6, 1996]
TITLE XIV--SAFETY OF PUBLIC WATER SYSTEMS
short title
Sec. 1400. This title may be cited as the ``Safe Drinking
Water Act''.
Part A--Definitions
definitions
Sec. 1401. For purposes of this title:
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\1\ This title, the ``Safe Drinking Water Act'', consists of title
XIV of the Public Health Service Act (42 U.S.C. 300f-300j-9) as added
by Public Law 93-523 (Dec. 16, 1974) and the amendments made by
subsequent enactments.
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(1) The term ``primary drinking water regulation''
means a regulation which--
(A) applies to public water systems;
(B) specifies contaminants which, in the
judgment of the Administrator, may have any
adverse effect on the health of persons;
(C) specifies for each such contaminant
either--
(i) a maximum contaminant level,
if, in the judgment of the
Administrator, it is economically and
technologically feasible to ascertain
the level of such contaminant in water
in public water systems, or
(ii) if, in the judgment of the
Administrator, it is not economically
or technologically feasible to so
ascertain the level of such
contaminant, each treatment technique
known to the Administrator which leads
to a reduction in the level of such
contaminant sufficient to satisfy the
requirements of section 1412; and
(D) contains criteria and procedures to
assure a supply of drinking water which
dependably complies with such maximum
contaminant levels; including accepted methods
for quality control and testing procedures to
insure compliance with such levels and to
insure proper operation and maintenance of the
system, and requirements as to (i) the minimum
quality of water which may be taken into the
system and (ii) siting for new facilities for
public water systems. At any time after
promulgation of a regulation referred to in
this paragraph, the Administrator may add
equally effective quality control and testing
procedures by guidance published in the Federal
Register. Such procedures shall be treated as
an alternative for public water systems to the
quality control and testing procedures listed
in the regulation.
(2) The term ``secondary drinking water
regulation'' means a regulation which applies to public
water systems and which specifies the maximum
contaminant levels which, in the judgment of the
Administrator, are requisite to protect the public
welfare. Such regulations may apply to any contaminant
in drinking water (A) which may adversely affect the
odor or appearance of such water and consequently may
cause a substantial number of the persons served by the
public water system providing such water to discontinue
its use, or (B) which may otherwise adversely affect
the public welfare. Such regulations may vary according
to geographic and other circumstances.
(3) The term ``maximum contaminant level'' means
the maximum permissible level of a contaminant in water
which is delivered to any user of a public water
system.
[(4) The] (4) Public water system.--
(A) In general.--The term ``public water
system'' means a system for the provision to
the public of [piped water for human
consumption] water for human consumption
through pipes or other constructed conveyances,
if such system has at least fifteen service
connections or regularly serves at least
twenty-five individuals. Such term includes [A]
(i) any collection, treatment, storage, and
distribution facilities under control of the
operator of such system and used primarily in
connection with such system, and [B] (ii) any
collection or pretreatment storage facilities
not under such control which are used primarily
in connection with such system.
(B) Connections.--
(i) In general.--For purposes of
subparagraph (A), a connection to a
system that delivers water by a
constructed conveyance other than a
pipe shall not be considered a
connection, if--
(I) the water is used
exclusively for purposes other
than residential uses
(consisting of drinking,
bathing, and cooking, or other
similar uses);
(II) the Administrator or
the State (in the case of a
State exercising primary
enforcement responsibility for
public water systems)
determines that alternative
water to achieve the equivalent
level of public health
protection provided by the
applicable national primary
drinking water regulation is
provided for residential or
similar uses for drinking and
cooking; or
(III) the Administrator or
the State (in the case of a
State exercising primary
enforcement responsibility for
public water systems)
determines that the water
provided for residential or
similar uses for drinking,
cooking, and bathing is
centrally treated or treated at
the point of entry by the
provider, a pass-through
entity, or the user to achieve
the equivalent level of
protection provided by the
applicable national primary
drinking water regulations.
(ii) Irrigation districts.--An
irrigation district in existence prior
to May 18, 1994, that provides
primarily agricultural service through
a piped water system with only
incidental residential or similar use
shall not be considered to be a public
water system if the system or the
residential or similar users of the
system comply with subclause (II) or
(III) of clause (i).
(C) Transition period.--A water supplier
that would be a public water system only as a
result of modifications made to this paragraph
by the Safe Drinking Water Act Amendments of
1996 shall not be considered a public water
system for purposes of the Act until the date
that is two years after the date of enactment
of this subparagraph. If a water supplier does
not serve 15 service connections (as defined in
subparagraphs (A) and (B)) or 25 people at any
time after the conclusion of the 2-year period,
the water supplier shall not be considered a
public water system.
(5) The term ``supplier of water'' means any person
who owns or operates a public water system.
(6) The term ``contaminant'' means any physical,
chemical, biological, or radiological substance or
matter in water.
(7) The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(8) The term ``Agency'' means the Environmental
Protection Agency.
(9) The term ``Council'' means the National
Drinking Water Advisory Council established under
section 1446.
(10) The term ``municipality'' means a city, town,
or other public body created by or pursuant to State
law, or an Indian tribe.
(11) The term ``Federal agency'' means any
department, agency, or instrumentality of the United
States.
(12) The term ``person'' means an individual,
corporation, company, association, partnership, State,
municipality, or Federal agency (and includes officers,
employees, and agents of any corporation, company,
association, State, municipality, or Federal agency).
(13) [The] (A) Except as provided in subparagraph
(B), the term ``State'' includes, in addition to the
several States, only the District of Columbia, Guam,
the Commonwealth of Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, American Samoa, and the
Trust Territory of the Pacific Islands.
(B) For purposes of section 1452, the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(14) The term ``Indian Tribe'' means any Indian
tribe having a Federally recognized governing body
carrying out substantial governmental duties and powers
over any area. For purposes of section 1452, the term
includes any Native village (as defined in section 3(c)
of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(c))).
(15) Community water system.--The term ``community
water system'' means a public water system that--
(A) serves at least 15 service connections
used by year-round residents of the area served
by the system; or
(B) regularly serves at least 25 year-round
residents.
(16) Noncommunity water system.--The term
``noncommunity water system'' means a public water
system that is not a community water system.
[42 U.S.C. 300f]
Part B--Public Water Systems
coverage
Sec. 1411. Subject to sections 1415 and 1416, national
primary drinking water regulations under this part shall apply
to each public water system in each State; except that such
regulations shall not apply to a public water system--
(1) which consists only of distribution and storage
facilities (and does not have any collection and
treatment facilities);
(2) which obtains all of its water from, but is not
owned or operated by, a public water system to which
such regulations apply;
(3) which does not sell water to any person; and
(4) which is not a carrier which conveys passengers
in interstate commerce.
[42 U.S.C. 300g]
national drinking water regulations
Sec. 1412. (a)(1) Effective on the enactment of the Safe
Drinking Water Act Amendments of 1986, each national interim or
revised primary drinking water regulation promulgated under
this section before such enactment shall be deemed to be a
national primary drinking water regulation under subsection
(b). No such regulation shall be required to comply with the
standards set forth in subsection (b)(4) unless such regulation
is amended to establish a different maximum contaminant level
after the enactment of such amendments.
(2) After the enactment of the Safe Drinking Water Act
Amendments of 1986 each recommended maximum contaminant level
published before the enactment of such amendments shall be
treated as a maximum contaminant level goal.
(3) Whenever a national primary drinking water regulation
is proposed under [paragraph (1), (2), or (3) of subsection
(b)] subsection (b) for any contaminant, the maximum
contaminant level goal for such contaminant shall be proposed
simultaneously. Whenever a national primary drinking water
regulation is promulgated under [paragraph (1), (2), or (3) of
subsection (b)] subsection (b) for any contaminant, the maximum
contaminant level goal for such contaminant shall be published
simultaneously.
(4) Paragraph (3) shall not apply to any recommended
maximum contaminant level published before the enactment of the
Safe Drinking Water Act Amendments of 1986.
[(b)(1) In the case of those contaminants listed in the
Advance Notice of Proposed Rulemaking published in volume 47,
Federal Register, page 9352, and in volume 48, Federal
Register, page 45502, the Administrator shall publish maximum
contaminant level goals and promulgate national primary
drinking water regulations--
[(A) not later than 12 months after the
enactment of the Safe Drinking Water Act
Amendments of 1986 for not less than 9 of those
listed contaminants;
[(B) not later than 24 months after such
enactment for not less than 40 of those listed
contaminants; and
[(C) not later than 36 months after such
enactment for the remainder of such listed
contaminants.
[(2)(A) If the Administrator identifies a drinking
water contaminant the regulation of which, in the
judgment of the Administrator, is more likely to be
protective of public health (taking into account the
schedule for regulation under paragraph (1) than a
contaminant referred to in paragraph (1), the
Administrator may publish a maximum contaminant level
goal and promulgate a national primary drinking water
regulation for such identified contaminant in lieu of
regulating the contaminant referred to in such
paragraph. There may be no more than 7 contaminants in
paragraph (1) for which substitutions may be made.
Regulation of a contaminant identified under this
paragraph shall be in accordance with the schedule
applicable to the contaminant for which the
substitution is made.
[(B) If the Administrator identifies one or
more contaminants for substitution under this
paragraph, the Administrator shall publish in
the Federal Register not late than one year
after the enactment of the Safe Drinking Water
Act Amendments of 1986 a list of contaminants
proposed for substitution, the contaminants
referred to in paragraph (1) for which
substitutions are to be made, and the basis for
the judgment that regulation of such proposed
substitute contaminants is more likely to be
protective public health (taking into account
the schedule for regulation under such
paragraph). Following a period of 60 days for
public comment, the Administrator shall publish
in the Federal Register a final list of
contaminants to be substituted and contaminants
referred to in paragraph (1) for which
substitutions are to be made, together with
responses to significant comments.
[(C) Any contaminant referred to in
paragraph (1) for which a substitution is made,
pursuant to subparagraph (A) of this paragraph,
shall be included on the priority list to be
published by the Administrator not later than
January 1, 1988, pursuant to paragraph (3)(A).
[(D) The Administrator's decision to
regulate a contaminant identified pursuant to
this paragraph in lieu of a contaminant
referred to in paragraph (1) shall not be
subject to judicial review.
[(3)(A) The Administrator shall publish maximum
contaminant level goals and promulgate national primary
drinking water regulations for each contaminant (other
than a contaminant referred to in paragraph (1) or (2)
for which a national primary drinking water regulation
was promulgated) which, in the judgment of the
Administrator, may have any adverse effect on the
health of persons and which is known or anticipated to
occur in public water systems. Not later than January
1, 1988, and at 3-year intervals thereafter, the
Administrator shall publish a list of contaminants
which are known or anticipated to occur in public water
systems and which may require regulation under this
Act.
[(B) For the purpose of establishing the
list under subparagraph (A), the Administrator
shall form an advisory working group including
members from the National Toxicology Program
and the Environmental Protection Agency's
Offices of Drinking Water, Pesticides, Toxic
Substances, Ground Water, Solid Waste and
Emergency Response and any others the
Administrator deems appropriate. The
Administrator's consideration of priorities
shall include, but not be limited to,
substances referred to in section 101(14) of
the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, and
substances registered as pesticides under the
Federal Insecticide, Fungicide, and Rodenticide
Act.
[(C) Not later than 24 months after the
listing of contaminants under subparagraph (A),
the Administrator shall publish proposed
maximum contaminant level goals and national
primary drinking water regulations for not less
than 25 contaminants from the list established
under subparagraph (A).
[(D) Not later than 36 months after the
listing of contaminants under subparagraph (A),
the Administrator shall publish a maximum
contaminant goal and promulgate a national
primary drinking water regulation for those
contaminants for which proposed maximum
contaminant level goals and proposed national
primary drinking water regulations were
published under subparagraph (C).]
(b) Standards._
(1) Identification of contaminants for listing._
(A) General authority.--The Administrator
shall, in accordance with the procedures
established by this subsection, publish a
maximum contaminant level goal and promulgate a
national primary drinking water regulation for
a contaminant (other than a contaminant
referred to in paragraph (2) for which a
national primary drinking water regulation has
been promulgated as of the date of enactment of
the Safe Drinking Water Act Amendments of 1996)
if the Administrator determines that--
(i) the contaminant may have an
adverse effect on the health of
persons;
(ii) the contaminant is known to
occur or there is a substantial
likelihood that the contaminant will
occur in public water systems with a
frequency and at levels of public
health concern; and
(iii) in the sole judgment of the
Administrator, regulation of such
contaminant presents a meaningful
opportunity for health risk reduction
for persons served by public water
systems.
(B) Regulation of unregulated
contaminants.--
(i) Listing of contaminants for
consideration.--(I) Not later than 18
months after the date of enactment of
the Safe Drinking Water Act Amendments
of 1996 and every 5 years thereafter,
the Administrator, after consultation
with the scientific community,
including the Science Advisory Board,
after notice and opportunity for public
comment, and after considering the
occurrence data base established under
section 1445(g), shall publish a list
of contaminants which, at the time of
publication, are not subject to any
proposed or promulgated national
primary drinking water regulation,
which are known or anticipated to occur
in public water systems, and which may
require regulation under this title.
(II) The unregulated contaminants
considered under subclause (I) shall
include, but not be limited to,
substances referred to in section
101(14) of the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980, and
substances registered as pesticides
under the Federal Insecticide,
Fungicide, and Rodenticide Act.
(III) The Administrator's decision
whether or not to select an unregulated
contaminant for a list under this
clause shall not be subject to judicial
review.
(ii) Determination to regulate.--
(I) Not later than 5 years after the
date of enactment of the Safe Drinking
Water Act Amendments of 1996, and every
5 years thereafter, the Administrator
shall, after notice of the preliminary
determination and opportunity for
public comment, for not fewer than 5
contaminants included on the list
published under clause (i), make
determinations of whether or not to
regulate such contaminants.
(II) A determination to regulate a
contaminant shall be based on findings
that the criteria of clauses (i), (ii),
and (iii) of subparagraph (A) are
satisfied. Such findings shall be based
on the best available public health
information, including the occurrence
data base established under section
1445(g).
(III) The Administrator may make a
determination to regulate a contaminant
that does not appear on a list under
clause (i) if the determination to
regulate is made pursuant to subclause
(II).
(IV) A determination under this
clause not to regulate a contaminant
shall be considered final agency action
and subject to judicial review.
(iii) Review.--Each document
setting forth the determination for a
contaminant under clause (ii) shall be
available for public comment at such
time as the determination is published.
(C) Priorities.--In selecting unregulated
contaminants for consideration under
subparagraph (B), the Administrator shall
select contaminants that present the greatest
public health concern. The Administrator, in
making such selection, shall take into
consideration, among other factors of public
health concern, the effect of such contaminants
upon subgroups that comprise a meaningful
portion of the general population (such as
infants, children, pregnant women, the elderly,
individuals with a history of serious illness,
or other subpopulations) that are identifiable
as being at greater risk of adverse health
effects due to exposure to contaminants in
drinking water than the general population.
(D) Urgent threats to public health.--The
Administrator may promulgate an interim
national primary drinking water regulation for
a contaminant without making a determination
for the contaminant under paragraph (4)(C), or
completing the analysis under paragraph (3)(C),
to address an urgent threat to public health as
determined by the Administrator after
consultation with and written response to any
comments provided by the Secretary of Health
and Human Services, acting through the director
of the Centers for Disease Control and
Prevention or the director of the National
Institutes of Health. A determination for any
contaminant in accordance with paragraph (4)(C)
subject to an interim regulation under this
subparagraph shall be issued, and a completed
analysis meeting the requirements of paragraph
(3)(C) shall be published, not later than 3
years after the date on which the regulation is
promulgated and the regulation shall be
repromulgated, or revised if appropriate, not
later than 5 years after that date.
(E) Regulation.--For each contaminant that
the Administrator determines to regulate under
subparagraph (B), the Administrator shall
publish maximum contaminant level goals and
promulgate, by rule, national primary drinking
water regulations under this subsection. The
Administrator shall propose the maximum
contaminant level goal and national primary
drinking water regulation for a contaminant not
later than 24 months after the determination to
regulate under subparagraph (B), and may
publish such proposed regulation concurrent
with the determination to regulate. The
Administrator shall publish a maximum
contaminant level goal and promulgate a
national primary drinking water regulation
within 18 months after the proposal thereof.
The Administrator, by notice in the Federal
Register, may extend the deadline for such
promulgation for up to 9 months.
(F) Health advisories and other actions.--
The Administrator may publish health advisories
(which are not regulations) or take other
appropriate actions for contaminants not
subject to any national primary drinking water
regulation.
(2) Schedules and deadlines.--
(A) In general.--In the case of the
contaminants listed in the Advance Notice of
Proposed Rulemaking published in volume 47,
Federal Register, page 9352, and in volume 48,
Federal Register, page 45502, the Administrator
shall publish maximum contaminant level goals
and promulgate national primary drinking water
regulations--
(i) not later than 1 year after
June 19, 1986, for not fewer than 9 of
the listed contaminants;
(ii) not later than 2 years after
June 19, 1986, for not fewer than 40 of
the listed contaminants; and
(iii) not later than 3 years after
June 19, 1986, for the remainder of the
listed contaminants.
(B) Substitution of contaminants.--If the
Administrator identifies a drinking water
contaminant the regulation of which, in the
judgment of the Administrator, is more likely
to be protective of public health (taking into
account the schedule for regulation under
subparagraph (A)) than a contaminant referred
to in subparagraph (A), the Administrator may
publish a maximum contaminant level goal and
promulgate a national primary drinking water
regulation for the identified contaminant in
lieu of regulating the contaminant referred to
in subparagraph (A). Substitutions may be made
for not more than 7 contaminants referred to in
subparagraph (A). Regulation of a contaminant
identified under this subparagraph shall be in
accordance with the schedule applicable to the
contaminant for which the substitution is made.
(C) Disinfectants and disinfection
byproducts.--The Administrator shall promulgate
an Interim Enhanced Surface Water Treatment
Rule, a Final Enhanced Surface Water Treatment
Rule, a Stage I Disinfectants and Disinfection
Byproducts Rule, and a Stage II Disinfectants
and Disinfection Byproducts Rule in accordance
with the schedule published in volume 59,
Federal Register, page 6361 (February 10,
1994), in table III.13 of the proposed
Information Collection Rule. If a delay occurs
with respect to the promulgation of any rule in
the schedule referred to in this subparagraph,
all subsequent rules shall be completed as
expeditiously as practicable but no later than
a revised date that reflects the interval or
intervals for the rules in the schedule.
(3) Risk assessment, management, and
communication.--
(A) Use of science in decisionmaking.--In
carrying out this section, and, to the degree
that an Agency action is based on science, the
Administrator shall use--
(i) the best available, peer-
reviewed science and supporting studies
conducted in accordance with sound and
objective scientific practices; and
(ii) data collected by accepted
methods or best available methods (if
the reliability of the method and the
nature of the decision justifies use of
the data).
(B) Public information.--In carrying out
this section, the Administrator shall ensure
that the presentation of information on public
health effects is comprehensive, informative,
and understandable. The Administrator shall, in
a document made available to the public in
support of a regulation promulgated under this
section, specify, to the extent practicable--
(i) each population addressed by
any estimate of public health effects;
(ii) the expected risk or central
estimate of risk for the specific
populations;
(iii) each appropriate upper-bound
or lower-bound estimate of risk;
(iv) each significant uncertainty
identified in the process of the
assessment of public health effects and
studies that would assist in resolving
the uncertainty; and
(v) peer-reviewed studies known to
the Administrator that support, are
directly relevant to, or fail to
support any estimate of public health
effects and the methodology used to
reconcile inconsistencies in the
scientific data.
(C) Health risk reduction and cost
analysis.--
(i) Maximum contaminant levels.--
When proposing any national primary
drinking water regulation that includes
a maximum contaminant level, the
Administrator shall, with respect to a
maximum contaminant level that is being
considered in accordance with paragraph
(4) and each alternative maximum
contaminant level that is being
considered pursuant to paragraph (5) or
(6)(A), publish, seek public comment
on, and use for the purposes of
paragraphs (4), (5), and (6) an
analysis of each of the following:
(I) Quantifiable and
nonquantifiable health risk
reduction benefits for which
there is a factual basis in the
rulemaking record to conclude
that such benefits are likely
to occur as the result of
treatment to comply with each
level.
(II) Quantifiable and
nonquantifiable health risk
reduction benefits for which
there is a factual basis in the
rulemaking record to conclude
that such benefits are likely
to occur from reductions in co-
occurring contaminants that may
be attributed solely to
compliance with the maximum
contaminant level, excluding
benefits resulting from
compliance with other proposed
or promulgated regulations.
(III) Quantifiable and
nonquantifiable costs for which
there is a factual basis in the
rulemaking record to conclude
that such costs are likely to
occur solely as a result of
compliance with the maximum
contaminant level, including
monitoring, treatment, and
other costs and excluding costs
resulting from compliance with
other proposed or promulgated
regulations.
(IV) The incremental costs
and benefits associated with
each alternative maximum
contaminant level considered.
(V) The effects of the
contaminant on the general
population and on groups within
the general population such as
infants, children, pregnant
women, the elderly, individuals
with a history of serious
illness, or other
subpopulations that are
identified as likely to be at
greater risk of adverse health
effects due to exposure to
contaminants in drinking water
than the general population.
(VI) Any increased health
risk that may occur as the
result of compliance, including
risks associated with co-
occurring contaminants.
(VII) Other relevant
factors, including the quality
and extent of the information,
the uncertainties in the
analysis supporting subclauses
(I) through (VI), and factors
with respect to the degree and
nature of the risk.
(ii) Treatment techniques.--When
proposing a national primary drinking
water regulation that includes a
treatment technique in accordance with
paragraph (7)(A), the Administrator
shall publish and seek public comment
on an analysis of the health risk
reduction benefits and costs likely to
be experienced as the result of
compliance with the treatment technique
and alternative treatment techniques
that are being considered, taking into
account, as appropriate, the factors
described in clause (i).
(iii) Approaches to measure and
value benefits.--The Administrator may
identify valid approaches for the
measurement and valuation of benefits
under this subparagraph, including
approaches to identify consumer
willingness to pay for reductions in
health risks from drinking water
contaminants.
(iv) Authorization.--There are
authorized to be appropriated to the
Administrator, acting through the
Office of Ground Water and Drinking
Water, to conduct studies, assessments,
and analyses in support of regulations
or the development of methods,
$35,000,000 for each of fiscal years
1996 through 2003.
[(4) Each] (4) Goals and standards.--
(A) Maximum contaminant level goals.--Each
maximum contaminant level goal established
under this subsection shall be set at the level
at which no known or anticipated adverse
effects on the health of persons occur and
which allows an adequate margin of safety.
[Each national] (B) Maximum contaminant
levels.--Except as provided in paragraphs (5)
and (6), each national primary drinking water
regulation for a contaminant for which a
[maximum level] maximum contaminant level goal
is established under this subsection shall
specify a [maximum level] maximum contaminant
level for such contaminant which is as close to
the maximum contaminant level goal as is
feasible.
(C) Determination.--At the time the
Administrator proposes a national primary
drinking water regulation under this paragraph,
the Administrator shall publish a determination
as to whether the benefits of the maximum
contaminant level justify, or do not justify,
the costs based on the analysis conducted under
paragraph (3)(C).
[(5) For the] (D) Definition of feasible.--
For the purposes of this subsection, the term
``feasible'' means feasible with the use of the
best technology, treatment techniques and other
means which the Administrator finds, after
examination for efficacy under field conditions
and not solely under laboratory conditions, are
available (taking cost into consideration). For
the purpose of [paragraph 4] this paragraph,
granular activated carbon is feasible for the
control of synthetic organic chemicals, and any
technology, treatment technique, or other means
found to be the best available for the control
of synthetic organic chemicals must be at least
as effective in controlling synthetic organic
chemicals as granular activated carbon.
[(6) Each national] (E) Feasible
technologies.--
(i) In general.--Each national
primary drinking water regulation which
establishes a maximum contaminant level
shall list the technology, treatment
techniques, and other means which the
Administrator finds to be feasible for
purposes of meeting such maximum
contaminant level, but a regulation
under [this paragraph] this subsection
shall not require that any specified
technology, treatment technique, or
other means be used for purposes of
meeting such maximum contaminant level.
(ii) List of technologies for small
systems.--The Administrator shall
include in the list any technology,
treatment technique, or other means
that is affordable, as determined by
the Administrator in consultation with
the States, for small public water
systems serving--
(I) a population of 10,000
or fewer but more than 3,300;
(II) a population of 3,300
or fewer but more than 500; and
(III) a population of 500
or fewer but more than 25;
and that achieves compliance with the
maximum contaminant level or treatment
technique, including packaged or
modular systems and point-of-entry or
point-of-use treatment units. Point-of-
entry and point-of-use treatment units
shall be owned, controlled and
maintained by the public water system
or by a person under contract with the
public water system to ensure proper
operation and maintenance and
compliance with the maximum contaminant
level or treatment technique and
equipped with mechanical warnings to
ensure that customers are automatically
notified of operational problems. The
Administrator shall not include in the
list any point-of-use treatment
technology, treatment technique, or
other means to achieve compliance with
a maximum contaminant level or
treatment technique requirement for a
microbial contaminant (or an indicator
of a microbial contaminant). If the
American National Standards Institute
has issued product standards applicable
to a specific type of point-of-entry or
point-of-use treatment unit, individual
units of that type shall not be
accepted for compliance with a maximum
contaminant level or treatment
technique requirement unless they are
independently certified in accordance
with such standards. In listing any
technology, treatment technique, or
other means pursuant to this clause,
the Administrator shall consider the
quality of the source water to be
treated.
(iii) List of technologies that
achieve compliance.--Except as provided
in clause (v), not later than 2 years
after the date of enactment of this
clause and after consultation with the
States, the Administrator shall issue a
list of technologies that achieve
compliance with the maximum contaminant
level or treatment technique for each
category of public water systems
described in subclauses (I), (II), and
(III) of clause (ii) for each national
primary drinking water regulation
promulgated prior to the date of
enactment of this paragraph.
(iv) Additional technologies.--The
Administrator may, at any time after a
national primary drinking water
regulation has been promulgated,
supplement the list of technologies
describing additional or new or
innovative treatment technologies that
meet the requirements of this paragraph
for categories of small public water
systems described in subclauses (I),
(II), and (III) of clause (ii) that are
subject to the regulation.
(v) Technologies that meet surface
water treatment rule.--Within one year
after the date of enactment of this
clause, the Administrator shall list
technologies that meet the Surface
Water Treatment Rule for each category
of public water systems described in
subclauses (I), (II), and (III) of
clause (ii).
(5) Additional health risk considerations.--
(A) In general.--Notwithstanding paragraph
(4), the Administrator may establish a maximum
contaminant level for a contaminant at a level
other than the feasible level, if the
technology, treatment techniques, and other
means used to determine the feasible level
would result in an increase in the health risk
from drinking water by--
(i) increasing the concentration of
other contaminants in drinking water;
or
(ii) interfering with the efficacy
of drinking water treatment techniques
or processes that are used to comply
with other national primary drinking
water regulations.
(B) Establishment of level.--If the
Administrator establishes a maximum contaminant
level or levels or requires the use of
treatment techniques for any contaminant or
contaminants pursuant to the authority of this
paragraph--
(i) the level or levels or
treatment techniques shall minimize the
overall risk of adverse health effects
by balancing the risk from the
contaminant and the risk from other
contaminants the concentrations of
which may be affected by the use of a
treatment technique or process that
would be employed to attain the maximum
contaminant level or levels; and
(ii) the combination of technology,
treatment techniques, or other means
required to meet the level or levels
shall not be more stringent than is
feasible (as defined in paragraph
(4)(D)).
(6) Additional health risk reduction and cost
considerations.--
(A) In general.--Notwithstanding paragraph
(4), if the Administrator determines based on
an analysis conducted under paragraph (3)(C)
that the benefits of a maximum contaminant
level promulgated in accordance with paragraph
(4) would not justify the costs of complying
with the level, the Administrator may, after
notice and opportunity for public comment,
promulgate a maximum contaminant level for the
contaminant that maximizes health risk
reduction benefits at a cost that is justified
by the benefits.
(B) Exception.--The Administrator shall not
use the authority of this paragraph to
promulgate a maximum contaminant level for a
contaminant, if the benefits of compliance with
a national primary drinking water regulation
for the contaminant that would be promulgated
in accordance with paragraph (4) experienced
by--
(i) persons served by large public
water systems; and
(ii) persons served by such other
systems as are unlikely, based on
information provided by the States, to
receive a variance under section
1415(e) (relating to small system
variances);
would justify the costs to the systems of
complying with the regulation. This
subparagraph shall not apply if the contaminant
is found almost exclusively in small systems
eligible under section 1415(e) for a small
system variance.
(C) Disinfectants and disinfection
byproducts.--The Administrator may not use the
authority of this paragraph to establish a
maximum contaminant level in a Stage I or Stage
II national primary drinking water regulation
(as described in paragraph (2)(C)) for
contaminants that are disinfectants or
disinfection byproducts, or to establish a
maximum contaminant level or treatment
technique requirement for the control of
cryptosporidium. The authority of this
paragraph may be used to establish regulations
for the use of disinfection by systems relying
on ground water sources as required by
paragraph (8).
(D) Judicial review.--A determination by
the Administrator that the benefits of a
maximum contaminant level or treatment
requirement justify or do not justify the costs
of complying with the level shall be reviewed
by the court pursuant to section 1448 only as
part of a review of a final national primary
drinking water regulation that has been
promulgated based on the determination and
shall not be set aside by the court under that
section unless the court finds that the
determination is arbitrary and capricious.
(7)(A) The Administrator is authorized to promulgate a
national primary drinking water regulation that requires the
use of a treatment technique in lieu of establishing a maximum
contaminant level, if the Administrator makes a finding that it
is not economically or technologically feasible to ascertain
the level of the contaminant. In such case, the Administrator
shall identify those treatment techniques which, in the
Administrator's judgment, would prevent known or anticipated
adverse effects on the health of persons to the extent
feasible. Such regulations shall specify each treatment
technique known to the Administrator which meets the
requirements of this paragraph, but the Administrator may grant
a variance from any specified treatment technique in accordance
with section 1415(a)(3).
(B) Any schedule referred to in this subsection for the
promulgation of a national primary drinking water regulation
for any contaminant shall apply in the same manner if the
regulation requires a treatment technique in lieu of
establishing a maximum contaminant level.
(C)(i) Not later than 18 months after the enactment of the
Safe Drinking Water Act Amendments of 1986, the Administrator
shall propose and promulgate national primary drinking water
regulations specifying criteria under which filtration
(including coagulation and sedimentation, as appropriate) is
required as a treatment technique for public water systems
supplied by surface water sources. In promulgating such rules,
the Administrator shall consider the quality of source waters,
protection afforded by watershed management, treatment
practices (such as disinfection and length of water storage)
and other factors relevant to protection of health.
(ii) In lieu of the provisions of section 1415 the
Administrator shall specify procedures by which the State
determines which public water systems within its jurisdiction
shall adopt filtration under the criteria of clause (i). The
State may require the public water system to provide studies or
other information to assist in this determination. The
procedures shall provide notice and opportunity for public
hearing on this determination. If the State determines that
filtration is required, the State shall prescribe a schedule
for compliance by the public water system with the filtration
requirement. A schedule shall require compliance within 18
months of a determination made under clause (iii).
(iii) Within 18 months from the time that the Administrator
establishes the criteria and procedures under this
subparagraph, a State with primary enforcement responsibility
shall adopt any necessary regulations to implement this
subparagraph. Within 12 months of adoption of such regulations
the State shall make determinations regarding filtration for
all the public water systems within its jurisdiction supplied
by surface waters.
(iv) If a State does not have primary enforcement
responsibility for public water systems, the Administrator
shall have the same authority to make the determination in
clause (ii) in such State as the State would have under that
clause. Any filtration requirement or schedule under this
subparagraph shall be treated as if it were a requirement of a
national primary drinking water regulation.
(v) As an additional alternative to the regulations
promulgated pursuant to clauses (i) and (iii), including the
criteria for avoiding filtration contained in 40 CFR 141.71, a
State exercising primary enforcement responsibility for public
water systems may, on a case-by-case basis, and after notice
and opportunity for public comment, establish treatment
requirements as an alternative to filtration in the case of
systems having uninhabited, undeveloped watersheds in
consolidated ownership, and having control over access to, and
activities in, those watersheds, if the State determines (and
the Administrator concurs) that the quality of the source water
and the alternative treatment requirements established by the
State ensure greater removal or inactivation efficiencies of
pathogenic organisms for which national primary drinking water
regulations have been promulgated or that are of public health
concern than would be achieved by the combination of filtration
and chlorine disinfection (in compliance with this section).
[(8) Not later than 36 months after the enactment
of the Safe Drinking Water Act Amendments of 1986, the
Administrator shall propose and promulgate]
Disinfection.--At any time after the end of the 3-year
period that begins on the date of enactment of the Safe
Drinking Water Act Amendments of 1996, but not later
than the date on which the Administrator promulgates a
Stage II rulemaking for disinfectants and disinfection
byproducts (as described in paragraph (2)(C)), the
Administrator shall also promulgate national primary
drinking water regulations requiring disinfection as a
treatment technique for all public water systems,
including surface water systems and, as necessary,
ground water systems. After consultation with the
States, the Administrator shall (as part of the
regulations) promulgate criteria that the
Administrator, or a State that has primary enforcement
responsibility under section 1413, shall apply to
determine whether disinfection shall be required as a
treatment technique for any public water system served
by ground water. The Administrator shall simultaneously
promulgate a rule specifying criteria that will be used
by the Administrator (or delegated State authorities)
to grant variances from this requirement according to
the provisions of sections 1415(a)(1)(B) and
1415(a)(3). In implementing section [1442(g)] 1442(e)
the Administrator or the delegated State authority
shall, where appropriate, give special consideration to
providing technical assistance to small public water
systems in complying with the regulations promulgated
under this paragraph.
[(9) National primary drinking water regulations
shall be amended whenever changes in technology,
treatment techniques, and other means permit greater
protection of the health of persons, but in any event
such regulations shall be reviewed at least once every
3 years. Such review shall include an analysis of
innovations or changes in technology, treatment
techniques or other activities that have occurred over
the previous 3-year period and that may Drovide for
greater protection of the health of Dersons. The
findings of such review shall be published in the
Federal Register. If, after opportunity for public
comment, the Administrator concludes that the
technology, treatment techniques, or other means
resulting from such innovations or changes are not
feasible within the meaning of Daraaraph (5), an
explanation of such conclusion shall be pubished in the
Federal Register.]
(9) Review and revision.--The Administrator shall,
not less often than every 6 years, review and revise,
as appropriate, each national primary drinking water
regulation promulgated under this title. Any revision
of a national primary drinking water regulation shall
be promulgated in accordance with this section, except
that each revision shall maintain, or provide for
greater, protection of the health of persons.
[National primary drinking water regulations
promulgated under this subsection (and amendments
thereto) shall take effect eighteen months after the
date of their promulgation. Regulations under
subsection (a) shall be superseded by regulations under
this subsection to the extent provided by the
regulations under this subsection.]
(10) Effective date.--A national primary drinking
water regulation promulgated under this section (and
any amendment thereto) shall take effect on the date
that is 3 years after the date on which the regulation
is promulgated unless the Administrator determines that
an earlier date is practicable, except that the
Administrator, or a State (in the case of an individual
system), may allow up to 2 additional years to comply
with a maximum contaminant level or treatment technique
if the Administrator or State (in the case of an
individual system) determines that additional time is
necessary for capital improvements.
(11) No national primary drinking water regulation
may require the addition of any substance for
preventive health care purposes unrelated to
contamination of drinking water.
(12) Certain contaminants.--
(A) Arsenic.--
(i) Schedule and standard.--
Notwithstanding the deadlines set forth
in paragraph (1), the Administrator
shall promulgate a national primary
drinking water regulation for arsenic
pursuant to this subsection, in
accordance with the schedule
established by this paragraph.
(ii) Study plan.--Not later than
180 days after the date of enactment of
this paragraph, the Administrator shall
develop a comprehensive plan for study
in support of drinking water rulemaking
to reduce the uncertainty in assessing
health risks associated with exposure
to low levels of arsenic. In conducting
such study, the Administrator shall
consult with the National Academy of
Sciences, other Federal agencies, and
interested public and private entities.
(iii) Cooperative agreements.--In
carrying out the study plan, the
Administrator may enter into
cooperative agreements with other
Federal agencies, State and local
governments, and other interested
public and private entities.
(iv) Proposed regulations.--The
Administrator shall propose a national
primary drinking water regulation for
arsenic not later than January 1, 2000.
(v) Final regulations.--Not later
than January 1, 2001, after notice and
opportunity for public comment, the
Administrator shall promulgate a
national primary drinking water
regulation for arsenic.
(vi) Authorization.--There are
authorized to be appropriated
$2,500,000 for each of fiscal years
1997 through 2000 for the studies
required by this paragraph.
(B) Sulfate.--
(i) Additional study.--Prior to
promulgating a national primary
drinking water regulation for sulfate,
the Administrator and the Director of
the Centers for Disease Control and
Prevention shall jointly conduct an
additional study to establish a
reliable dose-response relationship for
the adverse human health effects that
may result from exposure to sulfate in
drinking water, including the health
effects that may be experienced by
groups within the general population
(including infants and travelers) that
are potentially at greater risk of
adverse health effects as the result of
such exposure. The study shall be
conducted in consultation with
interested States, shall be based on
the best available, peer-reviewed
science and supporting studies
conducted in accordance with sound and
objective scientific practices, and
shall be completed not later than 30
months after the date of enactment of
the Safe Drinking Water Act Amendments
of 1996.
(ii) Determination.--The Administrator
shall include sulfate among the 5 or more
contaminants for which a determination is made
pursuant to paragraph (3)(B) not later than 5
years after the date of enactment of the Safe
Drinking Water Act Amendments of 1996.
(iii) Proposed and final rule.--
Notwithstanding the deadlines set forth in
paragraph (2), the Administrator may, pursuant
to the authorities of this subsection and after
notice and opportunity for public comment,
promulgate a final national primary drinking
water regulation for sulfate. Any such
regulation shall include requirements for
public notification and options for the
provision of alternative water supplies to
populations at risk as a means of complying
with the regulation in lieu of a best available
treatment technology or other means.
(13) Radon in drinking water.--
(A) National primary drinking water
regulation.--Notwithstanding paragraph (2), the
Administrator shall withdraw any national
primary drinking water regulation for radon
proposed prior to the date of enactment of this
paragraph and shall propose and promulgate a
regulation for radon under this section, as
amended by the Safe Drinking Water Act
Amendments of 1996.
(B) Risk assessment and studies.--
(i) Assessment by nas.--Prior to
proposing a national primary drinking
water regulation for radon, the
Administrator shall arrange for the
National Academy of Sciences to prepare
a risk assessment for radon in drinking
water using the best available science
in accordance with the requirements of
paragraph (3). The risk assessment
shall consider each of the risks
associated with exposure to radon from
drinking water and consider studies on
the health effects of radon at levels
and under conditions likely to be
experienced through residential
exposure. The risk assessment shall be
peer-reviewed.
(ii) Study of other measures.--The
Administrator shall arrange for the
National Academy of Sciences to prepare
an assessment of the health risk
reduction benefits associated with
various mitigation measures to reduce
radon levels in indoor air. The
assessment may be conducted as part of
the risk assessment authorized by
clause (i) and shall be used by the
Administrator to prepare the guidance
and approve State programs under
subparagraph (G).
(iii) Other organization.--If the
National Academy of Sciences declines
to prepare the risk assessment or
studies required by this subparagraph,
the Administrator shall enter into a
contract or cooperative agreement with
another independent, scientific
organization to prepare such
assessments or studies.
(C) Health risk reduction and cost
analysis.--Not later than 30 months after the
date of enactment of this paragraph, the
Administrator shall publish, and seek public
comment on, a health risk reduction and cost
analysis meeting the requirements of paragraph
(3)(C) for potential maximum contaminant levels
that are being considered for radon in drinking
water. The Administrator shall include a
response to all significant public comments
received on the analysis with the preamble for
the proposed rule published under subparagraph
(D).
(D) Proposed regulation.--Not later than 36
months after the date of enactment of this
paragraph, the Administrator shall propose a
maximum contaminant level goal and a national
primary drinking water regulation for radon
pursuant to this section.
(E) Final regulation.--Not later than 12
months after the date of the proposal under
subparagraph (D), the Administrator shall
publish a maximum contaminant level goal and
promulgate a national primary drinking water
regulation for radon pursuant to this section
based on the risk assessment prepared pursuant
to subparagraph (B) and the health risk
reduction and cost analysis published pursuant
to subparagraph (C). In considering the risk
assessment and the health risk reduction and
cost analysis in connection with the
promulgation of such a standard, the
Administrator shall take into account the costs
and benefits of control programs for radon from
other sources.
(F) Alternative maximum contaminant
level.--If the maximum contaminant level for
radon in drinking water promulgated pursuant to
subparagraph (E) is more stringent than
necessary to reduce the contribution to radon
in indoor air from drinking water to a
concentration that is equivalent to the
national average concentration of radon in
outdoor air, the Administrator shall,
simultaneously with the promulgation of such
level, promulgate an alternative maximum
contaminant level for radon that would result
in a contribution of radon from drinking water
to radon levels in indoor air equivalent to the
national average concentration of radon in
outdoor air. If the Administrator promulgates
an alternative maximum contaminant level under
this subparagraph, the Administrator shall,
after notice and opportunity for public comment
and in consultation with the States, publish
guidelines for State programs, including
criteria for multimedia measures to mitigate
radon levels in indoor air, to be used by the
States in preparing programs under subparagraph
(G). The guidelines shall take into account
data from existing radon mitigation programs
and the assessment of mitigation measures
prepared under subparagraph (B).
(G) Multimedia radon mitigation programs.--
(i) In general.--A State may
develop and submit a multimedia program
to mitigate radon levels in indoor air
for approval by the Administrator under
this subparagraph. If, after notice and
the opportunity for public comment,
such program is approved by the
Administrator, public water systems in
the State may comply with the
alternative maximum contaminant level
promulgated under subparagraph (F) in
lieu of the maximum contaminant level
in the national primary drinking water
regulation promulgated under
subparagraph (E).
(ii) Elements of programs.--State
programs may rely on a variety of
mitigation measures including public
education, testing, training, technical
assistance, remediation grant and loan
or incentive programs, or other
regulatory or nonregulatory measures.
The effectiveness of elements in State
programs shall be evaluated by the
Administrator based on the assessment
prepared by the National Academy of
Sciences under subparagraph (B) and the
guidelines published by the
Administrator under subparagraph (F).
(iii) Approval.--The Administrator
shall approve a State program submitted
under this paragraph if the health risk
reduction benefits expected to be
achieved by the program are equal to or
greater than the health risk reduction
benefits that would be achieved if each
public water system in the State
complied with the maximum contaminant
level promulgated under subparagraph
(E). The Administrator shall approve or
disapprove a program submitted under
this paragraph within 180 days of
receipt. A program that is not
disapproved during such period shall be
deemed approved. A program that is
disapproved may be modified to address
the objections of the Administrator and
be resubmitted for approval.
(iv) Review.--The Administrator
shall periodically, but not less often
than every 5 years, review each
multimedia mitigation program approved
under this subparagraph to determine
whether it continues to meet the
requirements of clause (iii) and shall,
after written notice to the State and
an opportunity for the State to correct
any deficiency in the program, withdraw
approval of programs that no longer
comply with such requirements.
(v) Extension.--If, within 90 days
after the promulgation of an
alternative maximum contaminant level
under subparagraph (F), the Governor of
a State submits a letter to the
Administrator committing to develop a
multimedia mitigation program under
this subparagraph, the effective date
of the national primary drinking water
regulation for radon in the State that
would be applicable under paragraph
(10) shall be extended for a period of
18 months.
(vi) Local programs.--In the event
that a State chooses not to submit a
multimedia mitigation program for
approval under this subparagraph or has
submitted a program that has been
disapproved, any public water system in
the State may submit a program for
approval by the Administrator according
to the same criteria, conditions, and
approval process that would apply to a
State program. The Administrator shall
approve a multimedia mitigation program
if the health risk reduction benefits
expected to be achieved by the program
are equal to or greater than the health
risk reduction benefits that would
result from compliance by the public
water system with the maximum
contaminant level for radon promulgated
under subparagraph (E).
(14) Recycling of filter backwash.--The
Administrator shall promulgate a regulation to govern
the recycling of filter backwash water within the
treatment process of a public water system. The
Administrator shall promulgate such regulation not
later than 4 years after the date of enactment of the
Safe Drinking Water Act Amendments of 1996 unless such
recycling has been addressed by the Administrator's
Enhanced Surface Water Treatment Rule prior to such
date.
(15) Variance technologies._
(A) In general.--At the same time as the
Administrator promulgates a national primary
drinking water regulation for a contaminant
pursuant to this section, the Administrator
shall issue guidance or regulations describing
the best treatment technologies, treatment
techniques, or other means (referred to in this
paragraph as ``variance technology'') for the
contaminant that the Administrator finds, after
examination for efficacy under field conditions
and not solely under laboratory conditions, are
available and affordable, as determined by the
Administrator in consultation with the States,
for public water systems of varying size,
considering the quality of the source water to
be treated. The Administrator shall identify
such variance technologies for public water
systems serving--
(i) a population of 10,000 or fewer
but more than 3,300;
(ii) a population of 3,300 or fewer
but more than 500; and
(iii) a population of 500 or fewer
but more than 25,
if, considering the quality of the source water
to be treated, no treatment technology is
listed for public water systems of that size
under paragraph (4)(E). Variance technologies
identified by the Administrator pursuant to
this paragraph may not achieve compliance with
the maximum contaminant level or treatment
technique requirement of such regulation, but
shall achieve the maximum reduction or
inactivation efficiency that is affordable
considering the size of the system and the
quality of the source water. The guidance or
regulations shall not require the use of a
technology from a specific manufacturer or
brand.
(B) Limitation.--The Administrator shall
not identify any variance technology under this
paragraph, unless the Administrator has
determined, considering the quality of the
source water to be treated and the expected
useful life of the technology, that the
variance technology is protective of public
health.
(C) Additional information.--The
Administrator shall include in the guidance or
regulations identifying variance technologies
under this paragraph any assumptions supporting
the public health determination referred to in
subparagraph (B), where such assumptions
concern the public water system to which the
technology may be applied, or its source
waters. The Administrator shall provide any
assumptions used in determining affordability,
taking into consideration the number of persons
served by such systems. The Administrator shall
provide as much reliable information as
practicable on performance, effectiveness,
limitations, costs, and other relevant factors
including the applicability of variance
technology to waters from surface and
underground sources.
(D) Regulations and guidance.--Not later
than 2 years after the date of enactment of
this paragraph and after consultation with the
States, the Administrator shall issue guidance
or regulations under subparagraph (A) for each
national primary drinking water regulation
promulgated prior to the date of enactment of
this paragraph for which a variance may be
granted under section 1415(e). The
Administrator may, at any time after a national
primary drinking water regulation has been
promulgated, issue guidance or regulations
describing additional variance technologies.
The Administrator shall, not less often than
every 7 years, or upon receipt of a petition
supported by substantial information, review
variance technologies identified under this
paragraph. The Administrator shall issue
revised guidance or regulations if new or
innovative variance technologies become
available that meet the requirements of this
paragraph and achieve an equal or greater
reduction or inactivation efficiency than the
variance technologies previously identified
under this subparagraph. No public water system
shall be required to replace a variance
technology during the useful life of the
technology for the sole reason that a more
efficient variance technology has been listed
under this subparagraph.
(c) The Administrator shall publish proposed national
secondary drinking water regulations within 270 days after the
date of enactment of this title. Within 90 days after
publication of any such regulation, he shall promulgate such
regulation with such modifications as he deems appropriate.
Regulations under this subsection may be amended from time to
time.
(d) Regulations under this section shall be prescribed in
accordance with section 553 of title 5, United States Code
(relating to rulemaking), except that the Administrator shall
provide opportunity for public hearing prior to promulgation of
such regulations. In proposing and promulgating regulations
under this section, the Administrator shall consult with the
Secretary and the National Drinking Water Advisory Council.
(e) The Administrator shall request comments from the
Science Advisory Board (established under the Environmental
Research, Development, and Demonstration Act of 1978) prior to
proposal of a maximum contaminant level goal and national
primary drinking water regulation. The Board shall respond, as
it deems appropriate, within the time period applicable for
promulgation of the national primary drinking water standard
concerned. This subsection shall, under no circumstances, be
used to delay final promulgation of any national primary
drinking water standard.
[42 U.S.C. 300g-1]
state primary enforcement responsibility
Sec. 1413. (a) For purposes of this title, a State has
primary enforcement responsibility for public water systems
during any period for which the Administrator determines
(pursuant to regulations prescribed under subsection (b)) that
such State--
[(1) has adopted drinking water regulations which
are no less stringent than the national primary
drinking water regulations in effect under such section
1412(a) and 1412(b);]
(1) has adopted drinking water regulations that are
no less stringent than the national primary drinking
water regulations promulgated by the Administrator
under subsections (a) and (b) of section 1412 not later
than 2 years after the date on which the regulations
are promulgated by the Administrator, except that the
Administrator may provide for an extension of not more
than 2 years if, after submission and review of
appropriate, adequate documentation from the State, the
Administrator determines that the extension is
necessary and justified;
(2) has adopted and is implementing adequate
procedures for the enforcement of such State
regulations, including conducting such monitoring and
making such inspections as the Administrator may
require by regulation;
(3) will keep such records and make such reports
with respect to its activities under paragraphs (1) and
(2) as the Administrator may require by regulation;
(4) if it permits variances or exemptions, or both,
from the requirements of its drinking water regulations
which meet the requirements of paragraph (1), permits
such variances and exemptions under conditions and in a
manner which is not less stringent than the conditions
under, and the manner in, which variances and
exemptions may be granted under sections 1415 and 1416;
[and]
(5) has adopted and can implement an adequate plan
for the provision of safe drinking water under
emergency circumstances including earthquakes, floods,
hurricanes, and other natural disasters, as
appropriate[.]; and
(6) has adopted authority for administrative
penalties (unless the constitution of the State
prohibits the adoption of the authority) in a maximum
amount--
(A) in the case of a system serving a
population of more than 10,000, that is not
less than $1,000 per day per violation; and
(B) in the case of any other system, that
is adequate to ensure compliance (as determined
by the State);
except that a State may establish a maximum limitation
on the total amount of administrative penalties that
may be imposed on a public water system per violation.
(b)(1) The Administrator shall, by regulation (proposed
within 180 days of the date of the enactment of this title),
prescribe the manner in which a State may apply to the
Administrator for a determination that the requirements of
paragraphs (1), (2), (3), and (4) of subsection (a) are
satisfied with respect to the State, the manner in which the
determination is made, the period for which the determination
will be effective, and the manner in which the Administrator
may determine that such requirements are no longer met. Such
regulations shall require that before a determination of the
Administrator that such requirements are met or are no longer
met with respect to a State may become effective, the
Administrator shall notify such State of the determination and
the reasons therefor and shall provide an opportunity for
public hearing on the determination. Such regulations shall be
promulgated (with such modifications as the Administrator deems
appropriate) within 90 days of the publication of the proposed
regulations in the Federal Register. The Administrator shall
promptly notify in writing the chief executive officer of each
State of the promulgation of regulations under this paragraph.
Such notice shall contain a copy of the regulations and shall
specify a State's authority under this title when it is
determined to have primary enforcement responsibility for
public water systems.
(2) When an application is submitted in accordance with the
Administrator's regulations under paragraph (1), the
Administrator shall within 90 days of the date on which such
application is submitted (A) make the determination applied
for, or (B) deny the application and notify the applicant in
writing of the reasons for his denial.
(c) Interim Primary Enforcement Authority.--A State that
has primary enforcement authority under this section with
respect to each existing national primary drinking water
regulation shall be considered to have primary enforcement
authority with respect to each new or revised national primary
drinking water regulation during the period beginning on the
effective date of a regulation adopted and submitted by the
State with respect to the new or revised national primary
drinking water regulation in accordance with subsection (b)(1)
and ending at such time as the Administrator makes a
determination under subsection (b)(2)(B) with respect to the
regulation.
[42 U.S.C. 300g-2]
enforcement of drinking water regulations
Sec. 1414. (a)(1)(A) Whenever the Administrator finds
during a period during which a State has primary enforcement
responsibility for public water systems (within the meaning of
section 1413(a)) that any public water system--
(i) for which a variance under section 1415 or an
exemption under section 1416 is not in effect, does not
comply with [any national primary drinking water
regulation in effect under section 1412] any applicable
requirement, or
(ii) for which a variance under section 1415 or an
exemption under section 1416 is in effect, does not
comply with any schedule or other requirement imposed
pursuant thereto,
he shall so notify the State and such public water system and
provide such advice and technical assistance to such State and
public water system as may be appropriate to bring the system
into compliance [with such regulation or requirement] with the
requirement by the earliest feasible time.
(B) If, beyond the thirtieth day after the Administrator's
notification under subparagraph (A), the State has not
commenced appropriate enforcement action, the Administrator
shall issue an order under subsection (g) requiring the public
water system to comply with such [regulation or] applicable
requirement or the Administrator shall commence a civil action
under subsection (b).
[(2) Whenever, on the basis of information
available to him, the Administrator finds during a
period during which a State does not have primary
enforcement responsibility for public water systems
that a public water system in such State--
[(A) for which a variance under section
1415(a)(2) or an exemption under section
1416(f) is not in effect, does not comply with
any national primary drinking water regulation
in effect under section 1412, or
[(B) for which a variance under section
1415(a)(2) or an exemption under section
1416(f) is in effect, does not comply with any
schedule or other requirement imposed pursuant
thereto,
the Administrator shall issue an order under subsection
(g) requiring the public water system to comply with
such regulation or requirement or the Administrator
shall commence a civil action under subsection (b).]
(2) Enforcement in nonprimacy states.--
(A) In general.--If, on the basis of
information available to the Administrator, the
Administrator finds, with respect to a period
in which a State does not have primary
enforcement responsibility for public water
systems, that a public water system in the
State--
(i) for which a variance under
section 1415 or an exemption under
section 1416 is not in effect, does not
comply with any applicable requirement;
or
(ii) for which a variance under
section 1415 or an exemption under
section 1416 is in effect, does not
comply with any schedule or other
requirement imposed pursuant to the
variance or exemption;
the Administrator shall issue an order under
subsection (g) requiring the public water
system to comply with the requirement, or
commence a civil action under subsection (b).
(B) Notice.--If the Administrator takes any
action pursuant to this paragraph, the
Administrator shall notify an appropriate local
elected official, if any, with jurisdiction
over the public water system of the action
prior to the time that the action is taken.
(b) The Administrator may bring a civil action in the
appropriate United States district court to require compliance
with [a national primary drinking water regulation] any
applicable requirement, with an order issued under subsection
(g), or with any schedule or other requirement imposed pursuant
to a variance or exemption granted under section 1415 or 1416
if--
(1) authorized under paragraph (1) or (2) of
subsection (a), or
(2) if requested by (A) the chief executive officer
of the State in which is located the public water
system which is not in compliance with such regulation
or requirement, or (B) the agency of such State which
has jurisdiction over compliance by public water
systems in the State with national primary drinking
water regulations or State drinking water regulations.
The court may enter, in an action brought under this
subsection, such judgment as protection of public health may
require, taking into consideration the time necessary to comply
and the availability of alternative water supplies; and, if the
court determines that there has been a violation of the
regulation or schedule or other requirement with respect to
which the action was brought, the court may, taking into
account the seriousness of the violation, the population at
risk, and other appropriate factors, impose on the violator a
civil penalty of not to exceed $25,000 for each day in which
such violation occurs.
[(c) Each owner or operator of a public water system shall
give notice to the persons served by it--
[(1) of any failure on the part of the public water system
to--
[(A) comply with an applicable maximum contaminant
level or treatment technique requirement of, or a
testing procedure prescribed by, a national primary
drinking water regulation, or
[(B) perform monitoring required by section
1445(a), and
[(2) if the public water system is subject to a variance
granted under section 1415(a)(1)(A) or 1415(a)(2) for an
inability to meet a maximum contaminant level requirement or is
subject to an exemption granted under section 1416, of--
[(A) the existence of such variance or exemption,
and
[(B) any failure to comply with the requirements of
any schedule prescribed pursuant to the variance or
exemption.
[The Administrator shall by regulation prescribe the form,
manner, and frequency for giving notice under this subsection.
Within 15 months after the enactment of the Safe Drinking Water
Act Amendments of 1986, the Administrator shall amend such
regulations to provide for different types and frequencies of
notice based on the differences between violations which are
intermittent or infrequent and violations which are continuous
or frequent. Such regulations shall also take into account the
seriousness of any potential adverse health effects which may
be involved. Notice of any violation of a maximum contaminant
level or any other violation designated by the Administrator as
posing a serious potential adverse health effect shall be given
as soon as possible, but in no case later than 14 days after
the violation. Notice of a continuous violation of a regulation
other than a maximum contaminant level shall be given no less
frequently than every 3 months. Notice of violations judged to
be less serious shall be given no less frequently than
annually. The Administrator shall specify the types of notice
to be used to provide information as promptly and effectively
as possible taking into account both the seriousness of any
potential adverse health effects and the likelihood of reaching
all affected persons. Notification of violations shall include
notice by general circulation newspaper serving the area and,
whenever appropriate, shall also include a press release to
electronic media and individual mailings. Notice under this
subsection shall provide a clear and readily understandable
explanation of the violation, any potential adverse health
effects, the steps that the system is taking to correct such
violation and the necessity for seeking alternative water
supplies, if any until the violation is corrected. Until such
amended regulations are promulgated, the regulations in effect
on the date of the enactment of the Safe Drinking Water Act
Amendments of 1986 shall remain in effect. The Administrator
may also require the owner or operator of a public water system
to give notice to the persons served by it of contaminant
levels of any unregulated contaminant required to be monitored
under section 1445(a). Any person who violates this subsection
or regulations issued under this subsection shall be subject to
a civil penalty of not to exceed $25,000.]
(c) Notice to Persons Served.--
(1) In general.--Each owner or operator of a public
water system shall give notice of each of the following
to the persons served by the system:
(A) Notice of any failure on the part of
the public water system to--
(i) comply with an applicable
maximum contaminant level or treatment
technique requirement of, or a testing
procedure prescribed by, a national
primary drinking water regulation; or
(ii) perform monitoring required by
section 1445(a).
(B) If the public water system is subject
to a variance granted under subsection
(a)(1)(A), (a)(2), or (e) of section 1415 for
an inability to meet a maximum contaminant
level requirement or is subject to an exemption
granted under section 1416, notice of--
(i) the existence of the variance
or exemption; and
(ii) any failure to comply with the
requirements of any schedule prescribed
pursuant to the variance or exemption.
(C) Notice of the concentration level of
any unregulated contaminant for which the
Administrator has required public notice
pursuant to paragraph (2)(E).
(2) Form, manner, and frequency of notice.--
(A) In general.--The Administrator shall,
by regulation, and after consultation with the
States, prescribe the manner, frequency, form,
and content for giving notice under this
subsection. The regulations shall--
(i) provide for different
frequencies of notice based on the
differences between violations that are
intermittent or infrequent and
violations that are continuous or
frequent; and
(ii) take into account the
seriousness of any potential adverse
health effects that may be involved.
(B) State requirements.--
(i) In general.--A State may, by
rule, establish alternative
notification requirements--
(I) with respect to the
form and content of notice
given under and in a manner in
accordance with subparagraph
(C); and
(II) with respect to the
form and content of notice
given under subparagraph (D).
(ii) Contents.--The alternative
requirements shall provide the same
type and amount of information as
required pursuant to this subsection
and regulations issued under
subparagraph (A).
(iii) Relationship to section
1413.--Nothing in this subparagraph
shall be construed or applied to modify
the requirements of section 1413.
(C) Violations with potential to have
serious adverse effects on human health.--
Regulations issued under subparagraph (A) shall
specify notification procedures for each
violation by a public water system that has the
potential to have serious adverse effects on
human health as a result of short-term
exposure. Each notice of violation provided
under this subparagraph shall--
(i) be distributed as soon as
practicable after the occurrence of the
violation, but not later than 24 hours
after the occurrence of the violation;
(ii) provide a clear and readily
understandable explanation of--
(I) the violation;
(II) the potential adverse
effects on human health;
(III) the steps that the
public water system is taking
to correct the violation; and
(IV) the necessity of
seeking alternative water
supplies until the violation is
corrected;
(iii) be provided to the
Administrator or the head of the State
agency that has primary enforcement
responsibility under section 1413 as
soon as practicable, but not later than
24 hours after the occurrence of the
violation; and
(iv) as required by the State
agency in general regulations of the
State agency, or on a case-by-case
basis after the consultation referred
to in clause (iii), considering the
health risks involved--
(I) be provided to
appropriate broadcast media;
(II) be prominently
published in a newspaper of
general circulation serving the
area not later than 1 day after
distribution of a notice
pursuant to clause (i) or the
date of publication of the next
issue of the newspaper; or
(III) be provided by
posting or door-to-door
notification in lieu of
notification by means of
broadcast media or newspaper.
(D) Written notice.--
(i) In general.--Regulations issued
under subparagraph (A) shall specify
notification procedures for violations
other than the violations covered by
subparagraph (C). The procedures shall
specify that a public water system
shall provide written notice to each
person served by the system by notice
(I) in the first bill (if any) prepared
after the date of occurrence of the
violation, (II) in an annual report
issued not later than 1 year after the
date of occurrence of the violation, or
(III) by mail or direct delivery as
soon as practicable, but not later than
1 year after the date of occurrence of
the violation.
(ii) Form and manner of notice.--
The Administrator shall prescribe the
form and manner of the notice to
provide a clear and readily
understandable explanation of the
violation, any potential adverse health
effects, and the steps that the system
is taking to seek alternative water
supplies, if any, until the violation
is corrected.
(E) Unregulated contaminants.--The
Administrator may require the owner or operator
of a public water system to give notice to the
persons served by the system of the
concentration levels of an unregulated
contaminant required to be monitored under
section 1445(a).
(3) Reports.--
(A) Annual report by state.--
(i) In general.--Not later than
January 1, 1998, and annually
thereafter, each State that has primary
enforcement responsibility under
section 1413 shall prepare, make
readily available to the public, and
submit to the Administrator an annual
report on violations of national
primary drinking water regulations by
public water systems in the State,
including violations with respect to
(I) maximum contaminant levels, (II)
treatment requirements, (III) variances
and exemptions, and (IV) monitoring
requirements determined to be
significant by the Administrator after
consultation with the States.
(ii) Distribution.--The State shall
publish and distribute summaries of the
report and indicate where the full
report is available for review.
(B) Annual report by administrator.--Not
later than July 1, 1998, and annually
thereafter, the Administrator shall prepare and
make available to the public an annual report
summarizing and evaluating reports submitted by
States pursuant to subparagraph (A) and notices
submitted by public water systems serving
Indian Tribes provided to the Administrator
pursuant to subparagraph (C) or (D) of
paragraph (2) and making recommendations
concerning the resources needed to improve
compliance with this title. The report shall
include information about public water system
compliance on Indian reservations and about
enforcement activities undertaken and financial
assistance provided by the Administrator on
Indian reservations, and shall make specific
recommendations concerning the resources needed
to improve compliance with this title on Indian
reservations.
(4) Consumer confidence reports by community water
systems.--
(A) Annual reports to consumers.--The
Administrator, in consultation with public
water systems, environmental groups, public
interest groups, risk communication experts,
and the States, and other interested parties,
shall issue regulations within 24 months after
the date of enactment of this paragraph to
require each community water system to mail to
each customer of the system at least once
annually a report on the level of contaminants
in the drinking water purveyed by that system
(referred to in this paragraph as a ``consumer
confidence report''). Such regulations shall
provide a brief and plainly worded definition
of the terms ``maximum contaminant level
goal'', ``maximum contaminant level'',
``variances'', and ``exemptions'' and brief
statements in plain language regarding the
health concerns that resulted in regulation of
each regulated contaminant. The regulations
shall also include a brief and plainly worded
explanation regarding contaminants that may
reasonably be expected to be present in
drinking water, including bottled water. The
regulations shall also provide for an
Environmental Protection Agency toll-free
hotline that consumers can call for more
information and explanation.
(B) Contents of report.--The consumer
confidence reports under this paragraph shall
include, but not be limited to, each of the
following:
(i) Information on the source of
the water purveyed.
(ii) A brief and plainly worded
definition of the terms ``maximum
contaminant level goal'', ``maximum
contaminant level'', ``variances'', and
``exemptions'' as provided in the
regulations of the Administrator.
(iii) If any regulated contaminant
is detected in the water purveyed by
the public water system, a statement
setting forth (I) the maximum
contaminant level goal, (II) the
maximum contaminant level, (III) the
level of such contaminant in such water
system, and (IV) for any regulated
contaminant for which there has been a
violation of the maximum contaminant
level during the year concerned, the
brief statement in plain language
regarding the health concerns that
resulted in regulation of such
contaminant, as provided by the
Administrator in regulations under
subparagraph (A).
(iv) Information on compliance with
national primary drinking water
regulations, as required by the
Administrator, and notice if the system
is operating under a variance or
exemption and the basis on which the
variance or exemption was granted.
(v) Information on the levels of
unregulated contaminants for which
monitoring is required under section
1445(a)(2) (including levels of
cryptosporidium and radon where States
determine they may be found).
(vi) A statement that the presence
of contaminants in drinking water does
not necessarily indicate that the
drinking water poses a health risk and
that more information about
contaminants and potential health
effects can be obtained by calling the
Environmental Protection Agency
hotline.
A public water system may include such
additional information as it deems appropriate
for public education. The Administrator may,
for not more than 3 regulated contaminants
other than those referred to in subclause (IV)
of clause (iii), require a consumer confidence
report under this paragraph to include the
brief statement in plain language regarding the
health concerns that resulted in regulation of
the contaminant or contaminants concerned, as
provided by the Administrator in regulations
under subparagraph (A).
(C) Coverage.--The Governor of a State may
determine not to apply the mailing requirement
of subparagraph (A) to a community water system
serving fewer than 10,000 persons. Any such
system shall--
(i) inform, in the newspaper notice
required by clause (iii) or by other
means, its customers that the system
will not be mailing the report as
required by subparagraph (A);
(ii) make the consumer confidence
report available upon request to the
public; and
(iii) publish the report referred
to in subparagraph (A) annually in one
or more local newspapers serving the
area in which customers of the system
are located.
(D) Alternative to publication.--For any
community water system which, pursuant to
subparagraph (C), is not required to meet the
mailing requirement of subparagraph (A) and
which serves 500 persons or fewer, the
community water system may elect not to comply
with clause (i) or (iii) of subparagraph (C).
If the community water system so elects, the
system shall, at a minimum--
(i) prepare an annual consumer
confidence report pursuant to
subparagraph (B); and
(ii) provide notice at least once
per year to each of its customers by
mail, by door-to-door delivery, by
posting or by other means authorized by
the regulations of the Administrator
that the consumer confidence report is
available upon request.
(E) Alternative form and content.--A State
exercising primary enforcement responsibility
may establish, by rule, after notice and public
comment, alternative requirements with respect
to the form and content of consumer confidence
reports under this paragraph.
(d) Whenever, on the basis of information available to him,
the Administrator finds that within a reasonable time after
national secondary drinking water regulations have been
promulgated, one or more public water systems in a State do not
comply with such secondary regulations, and that such
noncompliance appears to result from a failure of such State to
take reasonable action to assure that public water systems
throughout such State meet such secondary regulations, he shall
so notify the State.
(e) Nothing in this title shall diminish any authority of a
State or political subdivision to adopt or enforce any law or
regulation respecting drinking water regulations or public
water systems, but no such law or regulation shall relieve any
person of any requirement otherwise applicable under this
title.
(f) If the Administrator makes a finding of noncompliance
(described in subparagraph (A) or (B) of subsection (a)(1))
with respect to a public water system in a State which has
primary enforcement responsibility, the Administrator may, for
the purpose of assisting that State in carrying out such
responsibility and upon the petition of such State or public
water system or persons served by such system, hold, after
appropriate notice, public hearings for the purpose of
gathering information from technical or other experts, Federal,
State, or other public officials, representatives of such
public water system, persons served by such system, and other
interested persons on--
(1) the ways in which such system can within the
earliest feasible time be brought into compliance with
the regulation or requirement with respect to which
such finding was made, and
(2) the means for the maximum feasible protection
of the public health during any period in which such
system is not in compliance with a national primary
drinking water regulation or requirement applicable to
a variance or exemption.
On the basis of such hearings the Administrator shall issue
recommendations which shall be sent to such State and public
water system and shall be made available to the public and
communications media.
(g)(1) In any case in which the Administrator is authorized
to bring a civil action under this section or under section
1445 with respect to any [regulation, schedule, or other]
applicable requirement, the Administrator also may issue an
order to require compliance with such [regulation, schedule, or
other] applicable requirement.
(2) An order issued under this subsection shall not take
[effect until after notice and opportunity for public hearing
and,] effect, in the case of a State having primary enforcement
responsibility for public water systems in that State, until
after the Administrator has provided the State with an
opportunity to confer with the Administrator regarding the
[proposed] order. A copy of any order issued under this
subsection shall be sent to the appropriate State agency of the
State involved if the State has primary enforcement
responsibility for public water systems in that State. Any
order [proposed to be] issued under this subsection shall state
with reasonable specificity the nature of the violation. In any
case in which an order under this subsection is issued to a
corporation, a copy of such order shall be issued to
appropriate corporate officers.
(3)(A) Any person who violates, or fails or refuses to
comply with, an order under this subsection shall be liable to
the United States for a civil penalty of not more than $25,000
per day of violation.
[(B) any failure to comply with the requirements of any
schedule prescribed pursuant to the variance or exemption.
[The Administrator shall by regulation prescribe the form,
manner, and frequency for giving notice under this subsection.
Within 15 months after the enactment of the Safe Drinking Water
Act Amendments of 1986, the Administrator shall amend such
regulations to provide for different types and frequencies of
notice based on the differences between violations which are
intermittent or infrequent and violations which are continuous
or frequent. Such regulations shall also take into account the
seriousness of any potential adverse health effects which may
be involved. Notice of any violation of a maximum contaminant
level or any other violation designated by the Administrator as
posing a serious potential adverse health effect shall be given
as soon as possible, but in no case later than 14 days after
the violation. Notice of a continuous violation of a regulation
other than a maximum contaminant level shall be given no less
frequently than every 3 months. Notice of violations judged to
be less serious shall be given no less frequently than
annually. The Administrator shall specify the types of notice
to be used to provide information as promptly and effectively
as possible taking into account both the seriousness of any
potential adverse health effects and the likelihood of reaching
all affected persons. Notification of violations shall include
notice by general circulation newspaper serving the area and,
whenever appropriate, shall also include a press release to
electronic media and individual mailings. Notice under this
subsection shall provide a clear and readily understandable
explanation of the violation, any potential adverse health
effects, the steps that the system is taking to correct such
violation and the necessity for seeking alternative water
supplies, if any until the violation is corrected. Until such
amended regulations are promulgated, the regulations in effect
on the date of the enactment of the Safe Drinking Water Act
Amendments of 1986 shall remain in effect. The Administrator
may also require the owner or operator of a public water system
to give notice to the persons served by it of contaminant
levels of any unregulated contaminant required to be monitored
under section 1445(a). Any person who violates this subsection
or regulations issued under this subsection shall be subject to
a civil penalty of not to exceed $25,000.]
(B) In a case in which a civil penalty sought by the
Administrator under this paragraph does not exceed $5,000, the
penalty shall be assessed by the Administrator after notice and
opportunity for a public hearing (unless the person against
whom the penalty is assessed requests a hearing on the record
in accordance with section 554 of title 5, United States Code).
In a case in which a civil penalty sought by the Administrator
under this paragraph exceeds $5,000, but does not exceed
$25,000, the penalty shall be assessed by the Administrator
after notice and opportunity for a hearing on the record in
accordance with section 554 of title 5, United States Code.
(C) Whenever any civil penalty sought by the Administrator
under this [paragraph exceeds $5,000] subsection for a
violation of an applicable requirement exceeds $25,000, the
penalty shall be assessed by a civil action brought by the
Administrator in the appropriate United States district court
(as determined under the provisions of title 28 of the United
States Code).
(D) If any person fails to pay an assessment of a civil
penalty after it has become a final and unappealable order, or
after the appropriate court of appeals has entered final
judgment in favor of the Administrator, the Attorney General
shall recover the amount for which such person is liable in any
appropriate district court of the United States. In any such
action, the validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
(h) Consolidation Incentive.--
(1) In general.--An owner or operator of a public
water system may submit to the State in which the
system is located (if the State has primary enforcement
responsibility under section 1413) or to the
Administrator (if the State does not have primary
enforcement responsibility) a plan (including specific
measures and schedules) for--
(A) the physical consolidation of the
system with 1 or more other systems;
(B) the consolidation of significant
management and administrative functions of the
system with 1 or more other systems; or
(C) the transfer of ownership of the system
that may reasonably be expected to improve
drinking water quality.
(2) Consequences of approval.--If the State or the
Administrator approves a plan pursuant to paragraph
(1), no enforcement action shall be taken pursuant to
this part with respect to a specific violation
identified in the approved plan prior to the date that
is the earlier of the date on which consolidation is
completed according to the plan or the date that is 2
years after the plan is approved.
(i) Definition of Applicable Requirement.--In this section,
the term ``applicable requirement'' means--
(1) a requirement of section 1412, 1414, 1415,
1416, 1417, 1441, or 1445;
(2) a regulation promulgated pursuant to a section
referred to in paragraph (1);
(3) a schedule or requirement imposed pursuant to a
section referred to in paragraph (1); and
(4) a requirement of, or permit issued under, an
applicable State program for which the Administrator
has made a determination that the requirements of
section 1413 have been satisfied, or an applicable
State program approved pursuant to this part.
[42 U.S.C. 300g-3]
variances
Sec. 1415. (a) Notwithstanding any other provision of this
part, variances from national primary drinking water
regulations may be granted as follows:
(1)(A) A State which has primary enforcement
responsibility for public water systems may grant one
or more variances from an applicable national primary
drinking water regulation to one or more public water
systems within its jurisdiction which, because of
characteristics of the raw water sources which are
reasonably available to the systems, cannot meet the
requirements respecting the maximum contaminant levels
of such drinking water regulation. A variance may be
issued to a system on condition that the system install
the best technology, treatment techniques, or other
means, which the Administrator finds are available
(taking costs into consideration), and based upon an
evaluation satisfactory to the State that indicates
that alternative sources of water are not reasonably
available to the system. The Administrator shall
propose and promulgate his finding of the best
available technology, treatment techniques or other
means available for each contaminant for purposes of
this subsection at the time he proposes and promulgates
a maximum contaminant level for each such contaminant.
The Administrator's finding of best available
technology, treatment techniques or other means for
purposes of this subsection may vary depending on the
number of persons served by the system or for other
physical conditions related to engineering feasibility
and costs of compliance with maximum contaminant levels
as considered approprate by Administrator. Before a
State may grant a variance under this subparagraph, the
State must find that the variance will not result in an
unreasonable risk to health. If a State grants a public
water system a variance under this subparagraph, the
State shall prescribe at the the time the variance is
granted, a schedule for--
(i) compliance (including increments of
progress) by the public water system with each
contaminant level requirement with respect to
which the variance was granted, and
(ii) implementation by the public water
system of such additional control measures as
the State may require for each contaminant,
subject to such contaminant level requirement,
during the period ending on the date compliance
with such requirement is required.
Before a schedule prescribed by a State pursuant to
this subparagraph may take effect, the State shall
provide notice and opportunity for a public hearing on
the schedule. A notice given pursuant to the preceding
sentence may cover the prescribing of more than one
such schedule and a hearing held pursuant to such
notice shall include each of the schedules covered by
the notice. A schedule prescribed pursuant to this
subparagraph for a public water system granted a
variance shall require compliance by the system with
each contaminant level requirement with respect to
which the variance was granted as expeditiously as
practicable (as the State may reasonably determine).
(B) A State which has primary enforcement
responsibility for public water systems may grant to
one or more public water systems within its
jurisdiction one or more variances from any provision
of a national primary drinking water regulation which
requires the use of a specified treatment technique
with respect to a contaminant if the public water
system applying for the variance demonstrates to the
satisfaction of the State that such treatment technique
is not necessary to protect the health of persons
because of the nature of the raw water source of such
system. A variance granted under this subparagraph
shall be conditioned on such monitoring and other
requirements as the Administrator may prescribe.
(C) Before a variance proposed to be granted by a
State under subparagraph (A) or (B) may take effect,
such State shall provide notice and opportunity for
public hearing on the proposed variance. A notice given
pursuant to the preceding sentence may cover the
granting of more than one variance and a hearing held
pursuant to such notice shall include each of the
variances covered by the notice. The State shall
promptly notify the Administrator of all variances
granted by it. Such notification shall contain the
reason for the variance (and in the case of a variance
under subparagraph (A), the basis for the finding
required by that subparagraph before the granting of
the variance) and documentation of the need for the
variance.
(D) Each public water system's variance granted by
a State under subparagraph (A) shall be conditioned by
the State upon compliance by the public water system
with the schedule prescribed by the State pursuant to
that subparagraph. The requirements of each schedule
prescribed by a State pursuant to that subparagraph
shall be enforceable by the State under its laws. Any
requirement of a schedule on which a variance granted
under that subparagraph is conditioned may be enforced
under section 1414 as if such requirement was part of a
national primary drinking water regulation.
(E) Each schedule prescribed by a State pursuant to
subparagraph (A) shall be deemed approved by the
Administrator unless the variance for which it was
prescribed is revoked by the Administrator under such
subparagraph.
(F) Not later than 18 months after the effective
date of the interim national primary drinking water
regulations the Administrator shall complete a
comprehensive review of the variances granted under
subparagraph (A) (and schedules prescribed pursuant
thereto) and under subparagraph (B) by the States
during the one-year period beginning on such effective
date. The Administrator shall conduct such subsequent
reviews of variances and schedules as he deems
necessary to carry out the purposes of this title, but
each subsequent review shall be completed within each
3-year period following the completion of the first
review under this subparagraph. Before conducting any
review under this subparagraph, the Administrator shall
publish notice of the proposed review in the Federal
Register. Such notice shall (i) provide information
respecting the location of data and other information
respecting the variances to be reviewed (including data
and other information concerning new scientific matters
bearing on such variances), and (ii) advise of the
opportunity to submit comments on the variances
reviewed and on the need for continuing them. Upon
completion of any such review, the Administrator shall
publish in the Federal Register the results of his
review together with findings responsive to comments
submitted in connection with such review.
(G)(i) If the Administrator finds that a State has,
in a substantial number of instances, abused its
discretion in granting variances under subparagraph (A)
or (B) or that in a substantial number of cases the
State has failed to prescribe schedules in accordance
with subparagraph (A), the Administrator shall notify
the State of his findings. In determining if a State
has abused its discretion in granting variances in a
substantial number of instances, the Administrator
shall consider the number of persons who are affected
by the variances and if the requirements applicable to
the granting of the variances were complied with. A
notice under this clause shall--
(I) identify each public water system with
respect to which the finding was made,
(II) specify the reasons for the finding,
and
(III) as appropriate, propose revocations
of specific variances or propose revised
schedules or other requirements for specific
public water systems granted variances, or
both.
(ii) The Administrator shall provide reasonable
notice and public hearing on the provisions of each
notice given pursuant to clause (i) of this
subparagraph. After a hearing on a notice pursuant to
such clause, the Administrator shall (I) rescind the
finding for which the notice was given and promptly
notify the State of such rescission, or (II) promulgate
(with such modifications as he deems appropriate) such
variance revocations and revised schedules or other
requirements proposed in such notice as he deems
appropriate. Not later than 180 days after the date a
notice is given pursuant to clause (i) of this
subparagraph, the Administrator shall complete the
hearing on the notice and take the action required by
the preceding sentence.
(iii) If a State is notified under clause (i) of
this subparagraph of a finding of the Administrator
made with respect to a variance granted a public water
system within that State or to a schedule or other
requirement for a variance and if, before a revocation
of such variance or a revision of such schedule or
other requirement promulgated by the Administrator
takes effect, the State takes corrective action with
respect to such variance or schedule or other
requirement which the Administrator determines makes
his finding inapplicable to such variance or schedule
or other requirement, the Administrator shall rescind
the application of his finding to that variance or
schedule or other requirement. No variance revocation
or revised schedule or other requirement may take
effect before the expiration of 90 days following the
date of the notice in which the revocation or revised
schedule or other requirement was proposed.
(2) If a State does not have primary enforcement
responsibility for public water systems, the
Administrator shall have the same authority to grant
variances in such State as the State would have under
paragraph (1) if it had primary enforcement
responsibility.
(3) The Administrator may grant a variance from any
treatment technique requirement of a national primary
drinking water regulation upon a showing by any person
that an alternative treatment technique not included in
such requirement is at least as efficient in lowering
the level of the contaminant with respect to which such
requirement was prescribed. A variance under this
paragraph shall be conditioned on the use of the
alternative treatment technique which is the basis of
the variance.
(b) Any schedule or other requirement on which a variance
granted under paragraph (1)(B) or (2) of subsection (a) is
conditioned may be enforced under section 1414 as if such
schedule or other requirement was part of a national primary
drinking water regulation.
(c) If an application for a variance under subsection (a)
is made, the State receiving the application or the
Administrator, as the case may be, shall act upon such
application within a reasonable period (as determined under
regulations prescribed by the Administrator) after the date of
its submission.
(d) For purposes of this section, the term ``treatment
technique requirement'' means a requirement in a national
primary drinking water regulation which specifies for a
contaminant (in accordance with section 1401(1)(C)(ii)) each
treatment technique known to the Administrator which leads to a
reduction in the level of such contaminant sufficient to
satisfy the requirements of section 1412(b).
(e) Small System Variances.--
(1) In general.--A State exercising primary
enforcement responsibility for public water systems
under section 1413 (or the Administrator in nonprimacy
States) may grant a variance under this subsection for
compliance with a requirement specifying a maximum
contaminant level or treatment technique contained in a
national primary drinking water regulation to--
(A) public water systems serving 3,300 or
fewer persons; and
(B) with the approval of the Administrator
pursuant to paragraph (9), public water systems
serving more than 3,300 persons but fewer than
10,000 persons,
if the variance meets each requirement of this
subsection.
(2) Availability of variances.--A public water
system may receive a variance pursuant to paragraph
(1), if--
(A) the Administrator has identified a
variance technology under section 1412(b)(15)
that is applicable to the size and source water
quality conditions of the public water system;
(B) the public water system installs,
operates, and maintains, in accordance with
guidance or regulations issued by the
Administrator, such treatment technology,
treatment technique, or other means; and
(C) the State in which the system is
located determines that the conditions of
paragraph (3) are met.
(3) Conditions for granting variances.--A variance
under this subsection shall be available only to a
system--
(A) that cannot afford to comply, in
accordance with affordability criteria
established by the Administrator (or the State
in the case of a State that has primary
enforcement responsibility under section 1413),
with a national primary drinking water
regulation, including compliance through--
(i) treatment;
(ii) alternative source of water
supply; or
(iii) restructuring or
consolidation (unless the Administrator
(or the State in the case of a State
that has primary enforcement
responsibility under section 1413)
makes a written determination that
restructuring or consolidation is not
practicable); and
(B) for which the Administrator (or the
State in the case of a State that has primary
enforcement responsibility under section 1413)
determines that the terms of the variance
ensure adequate protection of human health,
considering the quality of the source water for
the system and the removal efficiencies and
expected useful life of the treatment
technology required by the variance.
(4) Compliance schedules.--A variance granted under
this subsection shall require compliance with the
conditions of the variance not later than 3 years after
the date on which the variance is granted, except that
the Administrator (or the State in the case of a State
that has primary enforcement responsibility under
section 1413) may allow up to 2 additional years to
comply with a variance technology, secure an
alternative source of water, restructure or consolidate
if the Administrator (or the State) determines that
additional time is necessary for capital improvements,
or to allow for financial assistance provided pursuant
to section 1452 or any other Federal or State program.
(5) Duration of variances.--The Administrator (or
the State in the case of a State that has primary
enforcement responsibility under section 1413) shall
review each variance granted under this subsection not
less often than every 5 years after the compliance date
established in the variance to determine whether the
system remains eligible for the variance and is
conforming to each condition of the variance.
(6) Ineligibility for variances.--A variance shall
not be available under this subsection for--
(A) any maximum contaminant level or
treatment technique for a contaminant with
respect to which a national primary drinking
water regulation was promulgated prior to
January 1, 1986; or
(B) a national primary drinking water
regulation for a microbial contaminant
(including a bacterium, virus, or other
organism) or an indicator or treatment
technique for a microbial contaminant.
(7) Regulations and guidance.--
(A) In general.--Not later than 2 years
after the date of enactment of this subsection
and in consultation with the States, the
Administrator shall promulgate regulations for
variances to be granted under this subsection.
The regulations shall, at a minimum, specify--
(i) procedures to be used by the
Administrator or a State to grant or
deny variances, including requirements
for notifying the Administrator and
consumers of the public water system
that a variance is proposed to be
granted (including information
regarding the contaminant and variance)
and requirements for a public hearing
on the variance before the variance is
granted;
(ii) requirements for the
installation and proper operation of
variance technology that is identified
(pursuant to section 1412(b)(15)) for
small systems and the financial and
technical capability to operate the
treatment system, including operator
training and certification;
(iii) eligibility criteria for a
variance for each national primary
drinking water regulation, including
requirements for the quality of the
source water (pursuant to section
1412(b)(15)(A)); and
(iv) information requirements for
variance applications.
(B) Affordability criteria.--Not later than
18 months after the date of enactment of the
Safe Drinking Water Act Amendments of 1996, the
Administrator, in consultation with the States
and the Rural Utilities Service of the
Department of Agriculture, shall publish
information to assist the States in developing
affordability criteria. The affordability
criteria shall be reviewed by the States not
less often than every 5 years to determine if
changes are needed to the criteria.
(8) Review by the administrator.--
(A) In general.--The Administrator shall
periodically review the program of each State
that has primary enforcement responsibility for
public water systems under section 1413 with
respect to variances to determine whether the
variances granted by the State comply with the
requirements of this subsection. With respect
to affordability, the determination of the
Administrator shall be limited to whether the
variances granted by the State comply with the
affordability criteria developed by the State.
(B) Notice and publication.--If the
Administrator determines that variances granted
by a State are not in compliance with
affordability criteria developed by the State
and the requirements of this subsection, the
Administrator shall notify the State in writing
of the deficiencies and make public the
determination.
(9) Approval of variances.--A State proposing to
grant a variance under this subsection to a public
water system serving more than 3,300 and fewer than
10,000 persons shall submit the variance to the
Administrator for review and approval prior to the
issuance of the variance. The Administrator shall
approve the variance if it meets each of the
requirements of this subsection. The Administrator
shall approve or disapprove the variance within 90
days. If the Administrator disapproves a variance under
this paragraph, the Administrator shall notify the
State in writing of the reasons for disapproval and the
variance may be resubmitted with modifications to
address the objections stated by the Administrator.
(10) Objections to variances.--
(A) By the administrator.--The
Administrator may review and object to any
variance proposed to be granted by a State, if
the objection is communicated to the State not
later than 90 days after the State proposes to
grant the variance. If the Administrator
objects to the granting of a variance, the
Administrator shall notify the State in writing
of each basis for the objection and propose a
modification to the variance to resolve the
concerns of the Administrator. The State shall
make the recommended modification or respond in
writing to each objection. If the State issues
the variance without resolving the concerns of
the Administrator, the Administrator may
overturn the State decision to grant the
variance if the Administrator determines that
the State decision does not comply with this
subsection.
(B) Petition by consumers.--Not later than
30 days after a State exercising primary
enforcement responsibility for public water
systems under section 1413 proposes to grant a
variance for a public water system, any person
served by the system may petition the
Administrator to object to the granting of a
variance. The Administrator shall respond to
the petition and determine whether to object to
the variance under subparagraph (A) not later
than 60 days after the receipt of the petition.
(C) Timing.--No variance shall be granted
by a State until the later of the following:
(i) 90 days after the State
proposes to grant a variance.
(ii) If the Administrator objects
to the variance, the date on which the
State makes the recommended
modifications or responds in writing to
each objection.
[42 U.S.C. 300g-4]
exemptions
Sec. 1416. (a) A State which has primary enforcement
responsibility may exempt any public water system within the
State's jurisdiction from any requirement respecting a maximum
contaminant level or any treatment technique requirement, or
from both, of an applicable national primary drinking water
regulation upon a finding that--
(1) due to compelling factors (which may include
economic factors, including qualification of the public
water system as a system serving a disadvantaged
community pursuant to section 1452(d)), the public
water system is unable to comply with such contaminant
level or treatment technique requirement, or to
implement measures to develop an alternative source of
water supply,
(2) the public water system was in operation on the
effective date of such contaminant level or treatment
technique requirement, a system that was not in
operation by that date, only if no reasonable
alternative source of drinking water is available to
such new system, [; and]
(3) the granting of the exemption will not result
in an unreasonable risk to health; and
(4) management or restructuring changes (or both)
cannot reasonably be made that will result in
compliance with this title or, if compliance cannot be
achieved, improve the quality of the drinking water.
(b)(1) If a State grants a public water system an exemption
under subsection (a), the State shall prescribe, at the time
the exemption is granted, a schedule for--
(A) compliance [(including increments of progress]
(including increments of progress or measures to
develop an alternative source of water supply) by the
public water system with each contaminant level
[requirement and treatment] requirement or treatment
technique requirement with respect to which the
exemption was granted, and
(B) implementation by the public water system of
such control measures as the State may require for each
contaminant, subject to such contaminant level
requirement or treatment technique requirement, during
the period ending on the date compliance with such
requirement is required.
Before a schedule prescribed by a State pursuant to this
subsection may take effect, the State shall provide notice and
opportunity for a public hearing on the schedule. A notice
given pursuant to the preceding sentence may cover the
prescribing of more than one such schedule and a hearing held
pursuant to such notice shall include each of the schedules
covered by the notice.
(2)(A) A schedule prescribed pursuant to this subsection
for a public water system granted an exemption under subsection
(a) shall require compliance by the system with each
contaminant level and treatment technique requirement with
respect to which the exemption was granted as expeditiously as
practicable (as the State may reasonably determine) but
[(except as provided in subparagraph (B)--
[(i) in the case of an exemption granted with
respect to a contaminant level or treatment technique
requirement prescribed by the national primary drinking
water regulations promulgated under section 1412(a),
not later than 12 months after enactment of the Safe
Drinking Water Act Amendments of 1986; and
[(ii) in the case of an exemption granted with
respect to a contaminant level or treatment technique
requirement prescribed by national primary drinking
water regulations, other than a regulation referred to
in section 1412(a), 12 months after the date of
issuance of the exemption.
[(B) The final date for compliance provided in any schedule
in the case of any exemption may be extended by the State (in
the case of a State which has primary enforcement
responsibility) or by the Administrator (in any other case) for
a period not to exceed 3 years after the date of the issuance
of the exemption if] not later than 3 years after the otherwise
applicable compliance date established in section 1412(b)(10).
(B) No exemption shall be granted unless the public water
system establishes that--
(i) the system cannot meet the standard without
capital improvements which cannot be completed [within
the period of such exemption] prior to the date
established pursuant to section 1412(b)(10);
(ii) in the case of a system which needs financial
assistance for the necessary improvement, the system
has entered into an agreement to obtain such financial
assistance or assistance pursuant to section 1452, or
any other Federal or State program is reasonably likely
to be available within the period of the exemption; or
(iii) the system has entered into an enforceable
agreement to become a part of a regional public water
system; and
the system is taking all practicable steps to meet the
standard.
(C) In the case of a system which does not serve more than
[500 service connections] a population of 3,300 and which needs
financial assistance for the necessary improvements, an
exemption granted under clause (i) or (ii) of subparagraph (B)
may be renewed for one or more additional 2-year periods, but
not to exceed a total of 6 years, if the system establishes
that it is taking all practicable steps to meet the
requirements of subparagraph (B).
(D) Limitation.--A public water system may not receive an
exemption under this section if the system was granted a
variance under section 1415(e).
(3) Each public water system's exemption granted by a State
under subsection (a) shall be conditioned by the State upon
compliance by the public water system with the schedule
prescribed by the State pursuant to this subsection. The
requirements of each schedule prescribed by a State pursuant to
this subsection shall be enforceable by the State under its
laws. Any requirement of a schedule on which an exemption
granted under this section is conditioned may be enforced under
section 1414 as if such requirement was part of a national
primary drinking water regulation.
(4) Each schedule prescribed by a State pursuant to this
subsection shall be deemed approved by the Administrator unless
the exemption for which it was prescribed is revoked by the
Administrator under subsection (d)(2) or the schedule is
revised by the Administrator under such subsection.
(c) Each State which grants an exemption under subsection
(a) shall promptly notify the Administrator of the granting of
such exemption. Such notification shall contain the reasons for
the exemption (including the basis for the finding required by
subsection (a)(3) before the exemption may be granted) and
document the need for the exemption.
(d)(1) Not later than 18 months after the effective date of
the interim national primary drinking water regulations the
Administrator shall complete a comprehensive review of the
exemptions granted (and schedules prescribed pursuant thereto)
by the States during the one-year period beginning on such
effective date. The Administrator shall conduct such subsequent
reviews of exemptions and schedules as he deems necessary to
carry out the purposes of this title, but each subsequent
review shall be completed within each 3-year period following
the completion of the first review under this subparagraph.
Before conducting any review under this subparagraph, the
Administrator shall publish notice of the proposed review in
the Federal Register. Such notice shall (A) provide information
respecting the location of data and other information
respecting the exemptions to be reviewed (including data and
other information concerning new scientific matters bearing on
such exemptions), and (B) advise of the opportunity to submit
comments on the exemptions reviewed and on the need for
continuing them. Upon completion of any such review, the
Administrator shall publish in the Federal Register the results
of his review together with findings responsive to comments
submitted in connection with such review.
(2)(A) If the Administrator finds that a State has, in a
substantial number of instances, abused its discretion in
granting exemptions under subsection (a) or failed to prescribe
schedules in accordance with subsection (b), the Administrator
shall notify the State of his finding. In determining if a
State has abused its discretion in granting exemptions in a
substantial number of instances, the Administrator shall
consider the number of persons who are affected by the
exemptions and if the requirements applicable to the granting
of the exemptions were complied with. A notice under this
subparagraph shall--
(i) identify each exempt public water system with
respect to which the finding was made,
(ii) specify the reasons for the finding, and
(iii) as appropriate, propose revocations of
specific exemptions or propose revised schedules for
specific exempt public water systems, or both.
(B) The Administrator shall provide reasonable notice and
public hearing on the provisions of each notice given pursuant
to subparagraph (A). After a hearing on a notice pursuant to
subparagraph (A), the Administrator shall (i) rescind the
finding for which the notice was given and promptly notify the
State of such rescission, or (ii) promulgate (with such
modifications as he deems appropriate) such exemption
revocations and revised schedules proposed in such notice as he
deems appropriate. Not later than 180 days after the date a
notice is given pursuant to subparagraph (A), the Administrator
shall complete the hearing on the notice and take the action
required by the preceding sentence.
(C) If a State is notified under subparagraph (A) of a
finding of the Administrator made with respect to an exemption
granted a public water system within that State or to a
schedule prescribed pursuant to such an exemption and if before
a revocation of such exemption or a revision of such schedule
promulgated by the Administrator takes effect the State takes
corrective action with respect to such exemption or schedule
which the Administrator determines makes his finding
inapplicable to such exemption or schedule, the Administrator
shall rescind the application of his finding to that exemption
or schedule. No exemption revocation or revised schedule may
take effect before the expiration of 90 days following the date
of the notice in which the revocation or revised schedule was
proposed.
(e) For purposes of this section, the term ``treatment
technique requirement'' means a requirement in a national
primary drinking water regulation which specifies for a
contaminant (in accordance with section 1401(1)(C)(ii)) each
treatment technique known to the Administrator which leads to a
reduction in the level of such contaminant sufficient to
satisfy the requirements of section 1412(b).
(f) If a State does not have primary enforcement
responsibility for public water systems, the Administrator
shall have the same authority to exempt public water systems in
such State from maximum contaminant level requirements and
treatment technique requirements under the same conditions and
in the same manner as the State would be authorized to grant
exemptions under this section if it had primary enforcement
responsibility.
(g) If an application for an exemption under this section
is made, the State receiving the application or the
Administrator, as the case may be, shall act upon such
application within a reasonable period (as determined under
regulations prescribed by the Administrator) after the date of
its submission.
[42 U.S.C. 300g-5]
[sec. 1417. prohibition on use of lead pipes, solder, and flux]
prohibition on use of lead pipes, solder, and flux
Sec. 1417. (a) In General._
[(1) Prohibition.--Any pipe, solder, or flux, which is used
after the enactment of the Safe Drinking Water Act Amendments
of 1986, in the installation or repair of--
[(A) any public water system, or
[(B) any plumbing in a residential or
nonresidential facility providing water for human
consumption which is connected to a public water
system,
[shall be lead free (within the meaning of subsection (d)).
This paragraph shall not apply to leaded joints necessary for
the repair of cast iron pipes.]
(1) Prohibitions.--
(A) In general.--No person may use any
pipe, any pipe or plumbing fitting or fixture,
any solder, or any flux, after June 19, 1986,
in the installation or repair of--
(i) any public water system; or
(ii) any plumbing in a residential
or nonresidential facility providing
water for human consumption,
that is not lead free (within the meaning of
subsection (d)).
(B) Leaded joints.--Subparagraph (A) shall
not apply to leaded joints necessary for the
repair of cast iron pipes.
(2) Public notice requirements.--
(A) In general.--Each owner or operator of
a public water system shall identify and
provide notice to persons that may be affected
by lead contamination of their drinking water
where such contamination results from either or
both of the following:
(i) The lead content in the
construction materials of the public
water distribution system.
(ii) Corrosivity of the water
supply sufficient to cause leaching of
lead.
The notice shall be provided in such manner and
form as may be reasonably required by the
Administrator. Notice under this paragraph
shall be provided notwithstanding the absence
of a violation of any national drinking water
standard.
(B) Contents of notice.--Notice under this
paragraph shall provide a clear and readily
understandable explanation of--
(i) the potential sources of lead
in the drinking water,
(ii) potential adverse health
effects,
(iii) reasonably available methods
of mitigating known or potential lead
content in drinking water,
(iv) any steps the system is taking
to mitigate lead content in drinking
water, and
(v) the necessity for seeking
alternative water supplies, if any.
(3) Unlawful acts.--Effective 2 years after the
date of enactment of this paragraph, it shall be
unlawful--
(A) for any person to introduce into
commerce any pipe, or any pipe or plumbing
fitting or fixture, that is not lead free,
except for a pipe that is used in manufacturing
or industrial processing;
(B) for any person engaged in the business
of selling plumbing supplies, except
manufacturers, to sell solder or flux that is
not lead free; or
(C) for any person to introduce into
commerce any solder or flux that is not lead
free unless the solder or flux bears a
prominent label stating that it is illegal to
use the solder or flux in the installation or
repair of any plumbing providing water for
human consumption.
(b) State Enforcement.--
(1) Enforcement of prohibition.--The requirements
of subsection (a)(1) shall be enforced in all States
effective 24 months after the enactment of this
section. States shall enforce such requirements through
State or local plumbing codes, or such other means of
enforcement as the State may determine to be
appropriate.
(2) Enforcement of public notice requirements.--The
requirements of subsection (a)(2) shall apply in all
States effective 24 months after the enactment of this
section.
(c) Penalties.--If the Administrator determines that a
State is not enforcing the requirements of subsection (a) as
required pursuant to subsection (b), the Administrator may
withhold up to 5 percent of Federal funds available to that
State for State program grants under section 1443(a).
(d) Definition of Lead Free.--For purposes of this section,
the term ``lead free''--
(1) when used with respect to solders and flux
refers to solders and flux containing not more than 0.2
percent [lead and] lead;
(2) when used with respect to pipes and pipe
fittings refers to pipes and pipe fittings containing
not more than 8.0 percent [lead.] lead; and
(3) when used with respect to plumbing fittings and
fixtures, refers to plumbing fittings and fixtures in
compliance with standards established in accordance
with subsection (e).
(e) Plumbing Fittings and Fixtures.--
(1) In general.--The Administrator shall provide
accurate and timely technical information and
assistance to qualified third-party certifiers in the
development of voluntary standards and testing
protocols for the leaching of lead from new plumbing
fittings and fixtures that are intended by the
manufacturer to dispense water for human ingestion.
(2) Standards.--
(A) In general.--If a voluntary standard
for the leaching of lead is not established by
the date that is 1 year after the date of
enactment of this subsection, the Administrator
shall, not later than 2 years after the date of
enactment of this subsection, promulgate
regulations setting a health-effects-based
performance standard establishing maximum
leaching levels from new plumbing fittings and
fixtures that are intended by the manufacturer
to dispense water for human ingestion. The
standard shall become effective on the date
that is 5 years after the date of promulgation
of the standard.
(B) Alternative requirement.--If
regulations are required to be promulgated
under subparagraph (A) and have not been
promulgated by the date that is 5 years after
the date of enactment of this subsection, no
person may import, manufacture, process, or
distribute in commerce a new plumbing fitting
or fixture, intended by the manufacturer to
dispense water for human ingestion, that
contains more than 4 percent lead by dry
weight.
[42 U.S.C. 300g-6]
monitoring of contaminants
Sec. 1418. (a) Interim Monitoring Relief Authority.--
(1) In general.--A State exercising primary
enforcement responsibility for public water systems may
modify the monitoring requirements for any regulated or
unregulated contaminants for which monitoring is
required other than microbial contaminants (or
indicators thereof), disinfectants and disinfection
byproducts or corrosion byproducts for an interim
period to provide that any public water system serving
10,000 persons or fewer shall not be required to
conduct additional quarterly monitoring during an
interim relief period for such contaminants if--
(A) monitoring, conducted at the beginning
of the period for the contaminant concerned and
certified to the State by the public water
system, fails to detect the presence of the
contaminant in the ground or surface water
supplying the public water system; and
(B) the State, considering the hydrogeology
of the area and other relevant factors,
determines in writing that the contaminant is
unlikely to be detected by further monitoring
during such period.
(2) Termination; timing of monitoring.--The interim
relief period referred to in paragraph (1) shall
terminate when permanent monitoring relief is adopted
and approved for such State, or at the end of 36 months
after the date of enactment of the Safe Drinking Water
Act Amendments of 1996, whichever comes first. In order
to serve as a basis for interim relief, the monitoring
conducted at the beginning of the period must occur at
the time determined by the State to be the time of the
public water system's greatest vulnerability to the
contaminant concerned in the relevant ground or surface
water, taking into account in the case of pesticides
the time of application of the pesticide for the source
water area and the travel time for the pesticide to
reach such waters and taking into account, in the case
of other contaminants, seasonality of precipitation and
contaminant travel time.
(b) Permanent Monitoring Relief Authority.--
(1) In general.--Each State exercising primary
enforcement responsibility for public water systems
under this title and having an approved source water
assessment program may adopt, in accordance with
guidance published by the Administrator, tailored
alternative monitoring requirements for public water
systems in such State (as an alternative to the
monitoring requirements for chemical contaminants set
forth in the applicable national primary drinking water
regulations) where the State concludes that (based on
data available at the time of adoption concerning
susceptibility, use, occurrence, or wellhead
protection, or from the State's drinking water source
water assessment program) such alternative monitoring
would provide assurance that it complies with the
Administrator's guidelines. The State program must be
adequate to assure compliance with, and enforcement of,
applicable national primary drinking water regulations.
Alternative monitoring shall not apply to regulated
microbiological contaminants (or indicators thereof),
disinfectants and disinfection byproducts, or corrosion
byproducts. The preceding sentence is not intended to
limit other authority of the Administrator under other
provisions of this title to grant monitoring
flexibility.
(2) Guidelines.--
(A) In general.--The Administrator shall
issue, after notice and comment and at the same
time as guidelines are issued for source water
assessment under section 1453, guidelines for
States to follow in proposing alternative
monitoring requirements under paragraph (1) for
chemical contaminants. The Administrator shall
publish such guidelines in the Federal
Register. The guidelines shall assure that the
public health will be protected from drinking
water contamination. The guidelines shall
require that a State alternative monitoring
program apply on a contaminant-by-contaminant
basis and that, to be eligible for such
alternative monitoring program, a public water
system must show the State that the contaminant
is not present in the drinking water supply or,
if present, it is reliably and consistently
below the maximum contaminant level.
(B) Definition.--For purposes of
subparagraph (A), the phrase ``reliably and
consistently below the maximum contaminant
level'' means that, although contaminants have
been detected in a water supply, the State has
sufficient knowledge of the contamination
source and extent of contamination to predict
that the maximum contaminant level will not be
exceeded. In determining that a contaminant is
reliably and consistently below the maximum
contaminant level, States shall consider the
quality and completeness of data, the length of
time covered and the volatility or stability of
monitoring results during that time, and the
proximity of such results to the maximum
contaminant level. Wide variations in the
analytical results, or analytical results close
to the maximum contaminant level, shall not be
considered to be reliably and consistently
below the maximum contaminant level.
(3) Effect of detection of contaminants.--The
guidelines issued by the Administrator under paragraph
(2) shall require that if, after the monitoring program
is in effect and operating, a contaminant covered by
the alternative monitoring program is detected at
levels at or above the maximum contaminant level or is
no longer reliably or consistently below the maximum
contaminant level, the public water system must
either--
(A) demonstrate that the contamination
source has been removed or that other action
has been taken to eliminate the contamination
problem; or
(B) test for the detected contaminant
pursuant to the applicable national primary
drinking water regulation.
(4) States not exercising primary enforcement
responsibility.--The Governor of any State not
exercising primary enforcement responsibility under
section 1413 on the date of enactment of this section
may submit to the Administrator a request that the
Administrator modify the monitoring requirements
established by the Administrator and applicable to
public water systems in that State. After consultation
with the Governor, the Administrator shall modify the
requirements for public water systems in that State if
the request of the Governor is in accordance with each
of the requirements of this subsection that apply to
alternative monitoring requirements established by
States that have primary enforcement responsibility. A
decision by the Administrator to approve a request
under this clause shall be for a period of 3 years and
may subsequently be extended for periods of 5 years.
(c) Treatment as NPDWR.--All monitoring relief granted by a
State to a public water system for a regulated contaminant
under subsection (a) or (b) shall be treated as part of the
national primary drinking water regulation for that
contaminant.
(d) Other Monitoring Relief.--Nothing in this section shall
be construed to affect the authority of the States under
applicable national primary drinking water regulations to alter
monitoring requirements through waivers or other existing
authorities. The Administrator shall periodically review and,
as appropriate, revise such authorities.
[42 U.S.C. 300g-7]
operator certification
Sec. 1419. (a) Guidelines.--Not later than 30 months after
the date of enactment of the Safe Drinking Water Act Amendments
of 1996 and in cooperation with the States, the Administrator
shall publish guidelines in the Federal Register, after notice
and opportunity for comment from interested persons, including
States and public water systems, specifying minimum standards
for certification (and recertification) of the operators of
community and nontransient noncommunity public water systems.
Such guidelines shall take into account existing State
programs, the complexity of the system, and other factors aimed
at providing an effective program at reasonable cost to States
and public water systems, taking into account the size of the
system.
(b) State Programs.--Beginning 2 years after the date on
which the Administrator publishes guidelines under subsection
(a), the Administrator shall withhold 20 percent of the funds a
State is otherwise entitled to receive under section 1452
unless the State has adopted and is implementing a program for
the certification of operators of community and nontransient
noncommunity public water systems that meets the requirements
of the guidelines published pursuant to subsection (a) or that
has been submitted in compliance with subsection (c) and that
has not been disapproved.
(c) Existing Programs.--For any State exercising primary
enforcement responsibility for public water systems or any
other State which has an operator certification program, the
guidelines under subsection (a) shall allow the State to
enforce such program in lieu of the guidelines under subsection
(a) if the State submits the program to the Administrator
within 18 months after the publication of the guidelines unless
the Administrator determines (within 9 months after the State
submits the program to the Administrator) that such program is
not substantially equivalent to such guidelines. In making this
determination, an existing State program shall be presumed to
be substantially equivalent to the guidelines, notwithstanding
program differences, based on the size of systems or the
quality of source water, providing the State program meets the
overall public health objectives of the guidelines. If
disapproved, the program may be resubmitted within 6 months
after receipt of notice of disapproval.
(d) Expense Reimbursement.--
(1) In general.--The Administrator shall provide
reimbursement for the costs of training, including an
appropriate per diem for unsalaried operators, and
certification for persons operating systems serving
3,300 persons or fewer that are required to undergo
training pursuant to this section.
(2) State grants.--The reimbursement shall be
provided through grants to States with each State
receiving an amount sufficient to cover the reasonable
costs for training all such operators in the State, as
determined by the Administrator, to the extent required
by this section. Grants received by a State pursuant to
this paragraph shall first be used to provide
reimbursement for training and certification costs of
persons operating systems serving 3,300 persons or
fewer. If a State has reimbursed all such costs, the
State may, after notice to the Administrator, use any
remaining funds from the grant for any of the other
purposes authorized for grants under section 1452.
(3) Authorization.--There are authorized to be
appropriated to the Administrator to provide grants for
reimbursement under this section $30,000,000 for each
of fiscal years 1997 through 2003.
(4) Reservation.--If the appropriation made
pursuant to paragraph (3) for any fiscal year is not
sufficient to satisfy the requirements of paragraph
(1), the Administrator shall, prior to any other
allocation or reservation, reserve such sums as
necessary from the funds appropriated pursuant to
section 1452(m) to provide reimbursement for the
training and certification costs mandated by this
subsection.
[42 U.S.C. 300g-8]
capacity development
Sec. 1420. (a) State Authority for New Systems.--A State
shall receive only 80 percent of the allotment that the State
is otherwise entitled to receive under section 1452 (relating
to State loan funds) unless the State has obtained the legal
authority or other means to ensure that all new community water
systems and new nontransient, noncommunity water systems
commencing operation after October 1, 1999, demonstrate
technical, managerial, and financial capacity with respect to
each national primary drinking water regulation in effect, or
likely to be in effect, on the date of commencement of
operations.
(b) Systems in Significant Noncompliance.--
(1) List.--Beginning not later than 1 year after
the date of enactment of this section, each State shall
prepare, periodically update, and submit to the
Administrator a list of community water systems and
nontransient, noncommunity water systems that have a
history of significant noncompliance with this title
(as defined in guidelines issued prior to the date of
enactment of this section or any revisions of the
guidelines that have been made in consultation with the
States) and, to the extent practicable, the reasons for
noncompliance.
(2) Report.--Not later than 5 years after the date
of enactment of this section and as part of the
capacity development strategy of the State, each State
shall report to the Administrator on the success of
enforcement mechanisms and initial capacity development
efforts in assisting the public water systems listed
under paragraph (1) to improve technical, managerial,
and financial capacity.
(3) Withholding.--The list and report under this
subsection shall be considered part of the capacity
development strategy of the State required under
subsection (c) of this section for purposes of the
withholding requirements of section 1452(a)(1)(G)(i)
(relating to State loan funds).
(c) Capacity Development Strategy.--
(1) In general.--Beginning 4 years after the date
of enactment of this section, a State shall receive
only--
(A) 90 percent in fiscal year 2001;
(B) 85 percent in fiscal year 2002; and
(C) 80 percent in each subsequent fiscal
year,
of the allotment that the State is otherwise entitled
to receive under section 1452 (relating to State loan
funds), unless the State is developing and implementing
a strategy to assist public water systems in acquiring
and maintaining technical, managerial, and financial
capacity.
(2) Content.--In preparing the capacity development
strategy, the State shall consider, solicit public
comment on, and include as appropriate--
(A) the methods or criteria that the State
will use to identify and prioritize the public
water systems most in need of improving
technical, managerial, and financial capacity;
(B) a description of the institutional,
regulatory, financial, tax, or legal factors at
the Federal, State, or local level that
encourage or impair capacity development;
(C) a description of how the State will use
the authorities and resources of this title or
other means to--
(i) assist public water systems in
complying with national primary
drinking water regulations;
(ii) encourage the development of
partnerships between public water
systems to enhance the technical,
managerial, and financial capacity of
the systems; and
(iii) assist public water systems
in the training and certification of
operators;
(D) a description of how the State will
establish a baseline and measure improvements
in capacity with respect to national primary
drinking water regulations and State drinking
water law; and
(E) an identification of the persons that
have an interest in and are involved in the
development and implementation of the capacity
development strategy (including all appropriate
agencies of Federal, State, and local
governments, private and nonprofit public water
systems, and public water system customers).
(3) Report.--Not later than 2 years after the date
on which a State first adopts a capacity development
strategy under this subsection, and every 3 years
thereafter, the head of the State agency that has
primary responsibility to carry out this title in the
State shall submit to the Governor a report that shall
also be available to the public on the efficacy of the
strategy and progress made toward improving the
technical, managerial, and financial capacity of public
water systems in the State.
(4) Review.--The decisions of the State under this
section regarding any particular public water system
are not subject to review by the Administrator and may
not serve as the basis for withholding funds under
section 1452.
(d) Federal Assistance.--
(1) In general.--The Administrator shall support
the States in developing capacity development
strategies.
(2) Informational assistance.--
(A) In general.--Not later than 180 days
after the date of enactment of this section,
the Administrator shall--
(i) conduct a review of State
capacity development efforts in
existence on the date of enactment of
this section and publish information to
assist States and public water systems
in capacity development efforts; and
(ii) initiate a partnership with
States, public water systems, and the
public to develop information for
States on recommended operator
certification requirements.
(B) Publication of information.--The
Administrator shall publish the information
developed through the partnership under
subparagraph (A)(ii) not later than 18 months
after the date of enactment of this section.
(3) Promulgation of drinking water regulations.--In
promulgating a national primary drinking water
regulation, the Administrator shall include an analysis
of the likely effect of compliance with the regulation
on the technical, financial, and managerial capacity of
public water systems.
(4) Guidance for new systems.--Not later than 2
years after the date of enactment of this section, the
Administrator shall publish guidance developed in
consultation with the States describing legal
authorities and other means to ensure that all new
community water systems and new nontransient,
noncommunity water systems demonstrate technical,
managerial, and financial capacity with respect to
national primary drinking water regulations.
(e) Variances and Exemptions.--Based on information
obtained under subsection (c)(3), the Administrator shall, as
appropriate, modify regulations concerning variances and
exemptions for small public water systems to ensure flexibility
in the use of the variances and exemptions. Nothing in this
subsection shall be interpreted, construed, or applied to
affect or alter the requirements of section 1415 or 1416.
(f) Small Public Water Systems Technology Assistance
Centers._
(1) Grant program.--The Administrator is authorized
to make grants to institutions of higher learning to
establish and operate small public water system
technology assistance centers in the United States.
(2) Responsibilities of the centers.--The
responsibilities of the small public water system
technology assistance centers established under this
subsection shall include the conduct of training and
technical assistance relating to the information,
performance, and technical needs of small public water
systems or public water systems that serve Indian
Tribes.
(3) Applications.--Any institution of higher
learning interested in receiving a grant under this
subsection shall submit to the Administrator an
application in such form and containing such
information as the Administrator may require by
regulation.
(4) Selection criteria.--The Administrator shall
select recipients of grants under this subsection on
the basis of the following criteria:
(A) The small public water system
technology assistance center shall be located
in a State that is representative of the needs
of the region in which the State is located for
addressing the drinking water needs of small
and rural communities or Indian Tribes.
(B) The grant recipient shall be located in
a region that has experienced problems, or may
reasonably be foreseen to experience problems,
with small and rural public water systems.
(C) The grant recipient shall have access
to expertise in small public water system
technology management.
(D) The grant recipient shall have the
capability to disseminate the results of small
public water system technology and training
programs.
(E) The projects that the grant recipient
proposes to carry out under the grant are
necessary and appropriate.
(F) The grant recipient has regional
support beyond the host institution.
(5) Consortia of states.--At least 2 of the grants
under this subsection shall be made to consortia of
States with low population densities.
(6) Authorization of appropriations.--There are
authorized to be appropriated to make grants under this
subsection $2,000,000 for each of the fiscal years 1997
through 1999, and $5,000,000 for each of the fiscal
years 2000 through 2003.
(g) Environmental Finance Centers.--
(1) In general.--The Administrator shall provide
initial funding for one or more university-based
environmental finance centers for activities that
provide technical assistance to State and local
officials in developing the capacity of public water
systems. Any such funds shall be used only for
activities that are directly related to this title.
(2) National capacity development clearinghouse.--
The Administrator shall establish a national public
water system capacity development clearinghouse to
receive and disseminate information with respect to
developing, improving, and maintaining financial and
managerial capacity at public water systems. The
Administrator shall ensure that the clearinghouse does
not duplicate other federally supported clearinghouse
activities.
(3) Capacity development techniques.--The
Administrator may request an environmental finance
center funded under paragraph (1) to develop and test
managerial, financial, and institutional techniques for
capacity development. The techniques may include
capacity assessment methodologies, manual and computer
based public water system rate models and capital
planning models, public water system consolidation
procedures, and regionalization models.
(4) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $1,500,000 for each of the fiscal years 1997
through 2003.
(5) Limitation.--No portion of any funds made
available under this subsection may be used for
lobbying expenses.
[42 U.S.C. 300g-9]
Part C--Protection of Underground Sources of Drinking Water
regulations for state programs
Sec. 1421. (a)(1) The Administrator shall publish proposed
regulations for State underground injection control programs
within 180 days after the date of enactment of this title.
Within 180 days after publication of such proposed regulations,
he shall promulgate such regulations with such modifications as
he deems appropriate. Any regulation under this subsection may
be amended from time to time.
(2) Any regulation under this section shall be proposed and
promulgated in accordance with section 553 of title 5, United
States Code (relating to rulemaking), except that the
Administrator shall provide opportunity for public hearing
prior to promulgation of such regulations. In proposing and
promulgating regulations under this section, the Administrator
shall consult with the Secretary, the National Drinking Water
Advisory Council, and other appropriate Federal entities and
with interested State entities.
(b)(1) Regulations under subsection (a) for State
underground injection programs shall contain minimum
requirements for effective programs to prevent underground
injection which endangers drinking water sources within the
meaning of subsection (d)(2). Such regulations shall require
that a State program, in order to be approved under section
1422--
(A) shall prohibit, effective on the date on which
the applicable underground injection control program
takes effect, any underground injection in such State
which is not authorized by a permit issued by the State
(except that the regulations may permit a State to
authorize underground injection by rule);
(B) shall require (i) in the case of a program
which provides for authorization of underground
injection by permit, that the applicant for the permit
to inject must satisfy the State that the underground
injection will not endanger drinking water sources, and
(ii) in the case of a program which provides for such
an authorization by rule, that no rule may be
promulgated which authorizes any underground injection
which endangers drinking water sources;
(C) shall include inspection, monitoring,
recordkeeping, and reporting requirements; and
(D) shall apply (i) as prescribed by section
1447(b), to underground injections by Federal agencies,
and (ii) to underground injections by any other person
whether or not occurring on property owned or leased by
the United States.
(2) Regulations of the Administrator under this section for
State underground injection control programs may not prescribe
requirements which interfere with or impede--
(A) the underground injection of brine or other
fluids which are brought to the surface in connection
with oil or natural gas production or natural gas
storage operations, or
(B) any underground injection for the secondary or
tertiary recovery of oil or natural gas,
unless such requirements are essential to assure that
underground sources of drinking water will not be endangered by
such injection.
(3)(A) The regulations of the Administrator under this
section shall permit or provide for consideration of varying
geologic, hydrological, or historical conditions in different
States and in different areas within a State.
(B)(i) In prescribing regulations under this section the
Administrator shall, to the extent feasible, avoid promulgation
of requirements which would unnecessarily disrupt State
underground injection control programs which are in effect and
being enforced in a substantial number [or] of States.
(ii) For the purpose of this subparagraph, a regulation
prescribed by the Administrator under this section shall be
deemed to disrupt a State underground injection control program
only if it would be infeasible to comply with both such
regulation and the State underground injection control program.
(iii) For the purpose of this subparagraph, a regulation
prescribed by the Administrator under this section shall be
deemed unnecessary only if, without such regulation,
underground sources of drinking water will not be endangered by
any underground injection.
(C) Nothing in this section shall be construed to alter or
affect the duty to assure that underground sources of drinking
water will not be endangered by any underground injection.
(c)(1) The Administrator may, upon application of the
Governor of a State which authorizes underground injection by
means of permits, authorize such State to issue (without regard
to subsection (b)(1)(B)(i)) temporary permits for underground
injection which may be effective until the expiration of four
years after the date of enactment of this title, if--
(A) the Administrator finds that the State has
demonstrated that it is unable and could not reasonably
have been able to process all permit applications
within the time available;
(B) the Administrator determines the adverse effect
on the environment of such temporary permits is not
unwarranted;
(C) such temporary permits will be issued only with
respect to injection wells in operation on the date on
which such State's permit program approved under this
part first takes effect and for which there was
inadequate time to process its permit application; and
(D) the Administrator determines the temporary
permits require the use of adequate safeguards
established by rules adopted by him.
(2) The Administrator may, upon application of the Governor
of a State which authorizes underground injection by means of
permits, authorize such State to issue (without regard to
subsection (b)(1)(B)(i)), but after reasonable notice and
hearing, one or more temporary permits each of which is
applicable to a particular injection well and to the
underground injection of a particular fluid and which may be
effective until the expiration of four years after the date of
enactment of this title, if the State finds, on the record of
such hearing--
(A) that technology (or other means) to permit safe
injection of the fluid in accordance with the
applicable underground injection control program is not
generally available (taking costs into consideration);
(B) that injection of the fluid would be less
harmful to health than the use of other available means
of disposing of waste or producing the desired product;
and
(C) that available technology or other means have
been employed (and will be employed) to reduce the
volume and toxicity of the fluid and to minimize the
potentially adverse effect of the injection on the
public health.
(d) For purposes of this part:
(1) The term ``underground injection'' means the
subsurface emplacement of fluids by well injection.
Such term does not include the underground injection of
natural gas for purposes of storage.
(2) Underground injection endangers drinking water
sources if such injection may result in the presence in
underground water which supplies or can reasonably be
expected to supply any public water system of any
contaminant, and if the presence of such contaminant
may result in such system's not complying with any
national primary drinking water regulation or may
otherwise adversely affect the health of persons.
[42 U.S.C. 300h]
state primary enforcement responsibility
Sec. 1422. (a) Within 180 days after the date of enactment
of this title, the Administrator shall list in the Federal
Register each State for which in his judgment a State
underground injection control program may be necessary to
assure that underground injection will not endanger drinking
water sources. Such list may be amended from time to time.
(b)(1)(A) Each State listed under subsection (a) shall
within 270 days after the date of promulgation of any
regulation under section 1421 (or, if later, within 270 days
after such State is first listed under subsection (a)) submit
to the Administrator an application which contains a showing
satisfactory to the Administrator that the State--
(i) has adopted after reasonable notice and public
hearings, and will implement, an underground injection
control program which meets the requirements of
regulations in effect under section 1421; and
(ii) will keep such records and make such reports
with respect to its activities under its underground
injection control program as the Administrator may
require by regulation.
The Administrator may, for good cause, extend the date for
submission of an application by any State under this
subparagraph for a period not to exceed an additional 270 days.
(B) Within 270 days of any amendment of a regulation under
section 1421 revising or adding any requirement respecting
State underground injection control programs, each State listed
under subsection (a) shall submit (in such form and manner as
the Administrator may require) a notice to the Administrator
containing a showing satisfactory to him that the State
underground injection control program meets the revised or
added requirement.
(2) Within ninety days after the State's application under
paragraph (1)(A) or notice under paragraph (1)(B) and after
reasonable opportunity for presentation of views, the
Administrator shall by rule either approve, disapprove, or
approve in part and disapprove in part, the State's underground
injection control program.
(3) If the Administrator approves the State's program under
paragraph (2), the State shall have primary enforcement
responsibility for underground water sources until such time as
the Administrator determines, by rule, that such State no
longer meets the requirements of clause (i) or (ii) of
paragraph (1)(A) of this subsection.
(4) Before promulgating any rule under paragraph (2) or (3)
of this subsection, the Administrator shall provide opportunity
for public hearing respecting such rule.
(c) If the Administrator disapproves a State's program (or
part thereof) under subsection (b)(2), if the Administrator
determines under subsection (b)(3) that a State no longer meets
the requirements of clause (i) or (ii) of subsection (b)(1)(A),
or if a State fails to submit an application or notice before
the date of expiration of the period specified in subsection
(b)(1), the Administrator shall by regulation within 90 days
after the date of such disapproval, determination, or
expiration (as the case may be) prescribe (and may from time to
time by regulation revise) a program applicable to such State
meeting the requirements of section 1421(b). Such program may
not include requirements which interfere with or impede--
(1) the underground injection of brine or other
fluids which are brought to the surface in connection
with oil or natural gas production or natural gas
storage operations, or
(2) any underground injection for the secondary or
tertiary recovery of oil or natural gas,
unless such requirements are essential to assure that
underground sources of drinking water will not be endangered by
such injection. Such program shall apply in such State to the
extent that a program adopted by such State which the
Administrator determines meets such requirements is not in
effect. Before promulgating any regulation under this section,
the Administrator shall provide opportunity for public hearing
respecting such regulation.
(d) For purposes of this title, the term ``applicable
underground injection control program'' with respect to a State
means the program (or most recent amendment thereof) (1) which
has been adopted by the State and which has been approved under
subsection (b), or (2) which has been prescribed by the
Administrator under subsection (c).
(e) An Indian Tribe may assume primary enforcement
responsibility for underground injection control under this
section consistent with such regulations as the Administrator
has prescribed pursuant to Part C and section 1451 of this Act.
The area over which such Indian Tribe exercises governmental
jurisdiction need not have been listed under subsection (a) of
this section, and such Tribe need not submit an application to
assume primary enforcement responsibility within the 270-day
deadline noted in subsection (b)(1)(A) of this section. Until
an Indian Tribe assumes primary enforcement responsibility, the
currently applicable underground injection control program
shall continue to apply. If an applicable underground injection
control program does not exist for an Indian Tribe, the
Administrator shall prescribe such a program pursuant to
subsection (c) of this section, and consistent with section
1421(b), within 270 days after the enactment of the Safe
Drinking Water Act Amendments of 1986, unless an Indian Tribe
first obtains approval to assume primary enforcement
responsibility for underground injection control.
[42 U.S.C. 300h-1]
enforcement of program
Sec. 1423. (a)(1) Whenever the Administrator finds during a
period during which a State has primary enforcement
responsibility for underground water sources (within the
meaning of section 1422(b)(3) or section 1425(c)) that any
person who is subject to a requirement of an applicable
underground injection control program in such State is
violating such requirement, he shall so notify the State and
the person violating such requirement. If beyond the thirtieth
day after the Administrator's notification the State has not
commenced appropriate enforcement action, the Administrator
shall issue an order under subsection (c) requiring the person
to comply with such requirement or the Administrator shall
commence a civil action under subsection (b).
(2) Whenever the Administrator finds during a period during
which a State does not have primary enforcement responsibility
for underground water sources that any person subject to any
requirement of any applicable underground injection control
program in such State is violating such requirement, the
Administrator shall issue an order under subsection (c)
requiring the person to comply with such requirement or the
Administrator shall commence a civil action under subsection
(b).
(b) Civil and Criminal Actions.--Civil actions referred to
in paragraphs (1) and (2) of subsection (a) shall be brought in
the appropriate United States district court. Such court shall
have jurisdiction to require compliance with any requirement of
an applicable underground injection program or with an order
issued under subsection (c). The court may enter such judgment
as protection of public health may require. Any person who
violates any requirement of an applicable underground injection
control program or an order requiring compliance under
subsection (c)--
(1) shall be subject to a civil penalty of not more
than $25,000 for each day of such violation, and
(2) if such violation is willful, such person may,
in addition to or in lieu of the civil penalty
authorized by paragraph (1), be imprisoned for not more
than 3 years, or fined in accordance with title 18 of
the United States Code, or both.
(c) Administrative Orders.--(1) In any case in which the
Administrator is authorized to bring a civil action under this
section with respect to any regulation or other requirement of
this part other than those relating to--
(A) the underground injection of brine or other
fluids which are brought to the surface in connection
with oil or natural gas production, or
(B) any underground injection for the secondary or
tertiary recovery of oil or natural gas,
the Administrator may also issue an order under this subsection
either assessing a civil penalty of not more than $10,000 for
each day of violation for any past or current violation, up to
a maximum administrative penalty of $125,000, or requiring
compliance with such regulation or other requirement, or both.
(2) In any case in which the Administrator is authorized to
bring a civil action under this section with respect to any
regulation, or other requirement of this part relating to--
(A) the underground injection of brine or other
fluids which are brought to the surface in connection
with oil or natural gas production, or
(B) any underground injection for the secondary or
tertiary recovery of oil or natural gas,
the Administrator may also issue an order under this subsection
either assessing a civil penalty of not more than $5,000 for
each day of violation for any past or current violation, up to
a maximum administrative penalty of $125,000, or requiring
compliance with such regulation or other requirement, or both.
(3)(A) An order under this subsection shall be issued by
the Administrator after opportunity (provided in accordance
with this subparagraph) for a hearing. Before issuing the
order, the Administrator shall give to the person to whom it is
directed written notice of the Administrator's proposal to
issue such order and the opportunity to request, within 30 days
of the date the notice is received by such person, a hearing on
the order. Such hearing shall not be subject to section 554 or
556 of title 5, United States Code, but shall provide a
reasonable opportunity to be heard and to present evidence.
(B) The Administrator shall provide public notice of, and
reasonable opportunity to comment on, any proposed order.
(C) Any citizen who comments on any proposed order under
subparagraph (B) shall be given notice of any hearing under
this subsection and of any order. In any hearing held under
subparagraph (A), such citizen shall have a reasonable
opportunity to be heard and to present evidence.
(D) Any order issued under this subsection shall become
effective 30 days following its issuance unless an appeal is
taken pursuant to paragraph (6).
(4)(A) Any order issued under this subsection shall state
with reasonable specificity the nature of the violation and may
specify a reasonable time for compliance.
(B) In assessing any civil penalty under this subsection,
the Administrator shall take into account appropriate factors,
including (i) the seriousness of the violation; (ii) the
economic benefit (if any) resulting from the violation; (iii)
any history of such violations; (iv) any good-faith efforts to
comply with the applicable requirements; (v) the economic
impact of the penalty on the violator; and (vi) such other
matters as justice may require.
(5) Any violation with respect to which the Administrator
has commenced and is diligently prosecuting an action, or has
issued an order under this subsection assessing a penalty,
shall not be subject to an action under subsection (b) of this
section or section 1424(c) or 1449, except that the foregoing
limitation on civil actions under section 1449 of this Act
shall not apply with respect to any violation for which--
(A) a civil action under section 1449(a)(1) has
been filed prior to commencement of an action under
this subsection, or
(B) a notice of violation under section 1449(b)(1)
has been given before commencement of an action under
this subsection and an action under section 1449(a)(1)
of this Act is filed before 120 days after such notice
is given.
(6) Any person against whom an order is issued or who
commented on a proposed order pursuant to paragraph (3) may
file an appeal of such order with the United States District
Court for the District of Columbia or the district in which the
violation is alleged to have occurred. Such an appeal may only
be filed within the 30-day period beginning on the date the
order is issued. Appellant shall simultaneously send a copy of
the appeal by certified mail to the Administrator and to the
Attorney General. The Administrator shall promptly file in such
court a certified copy of the record on which such order was
imposed. The district court shall not set aside or remand such
order unless there is not substantial evidence on the record,
taken as a whole, to support the finding of a violation or,
unless the Administrator's assessment of penalty or requirement
for compliance constitutes an abuse of discretion. The district
court shall not impose additional civil penalties for the same
violation unless the Administrator's assessment of a penalty
constitutes an abuse of discretion. Notwithstanding section
1448(a)(2), any order issued under paragraph (3) shall be
subject to judicial review exclusively under this paragraph.
(7) If any person fails to pay an assessment of a civil
penalty--
(A) after the order becomes effective under
paragraph (3), or
(B) after a court, in an action brought under
paragraph (6), has entered a final judgment in favor of
the Administrator,
the Administrator may request the Attorney General to bring a
civil action in an appropriate district court to recover the
amount assessed (plus costs, attorneys' fees, and interest at
currently prevailing rates from the date the order is effective
or the date of such final judgment, as the case may be). In
such an action, the validity, amount, and appropriateness of
such penalty shall not be subject to review.
(8) The Administrator may, in connection with
administrative proceedings under this subsection, issue
subpoenas compelling the attendance and testimony of witnesses
and subpoenas duces tecum, and may request the Attorney General
to bring an action to enforce any subpoena under this section.
The district courts shall have jurisdiction to enforce such
subpoenas and impose sanction.
(d) Nothing in this title shall diminish any authority of a
State or political subdivision to adopt or enforce any law or
regulation respecting underground injection but no such law or
regulation shall relieve any person of any requirement
otherwise applicable under this title.
[42 U.S.C. 300h-2]
interim regulation of underground injections
Sec. 1424. (a)(1) Any person may petition the Administrator
to have an area of a State (or States) designated as an area in
which no new underground injection well may be operated during
the period beginning on the date of the designation and ending
on the date on which the applicable underground injection
control program covering such area takes effect unless a permit
for the operation of such well has been issued by the
Administrator under subsection (b). The Administrator may so
designate an area within a State if he finds that the area has
one aquifer which is the sole or principal drinking water
source for the area and which, if contaminated, would create a
significant hazard to public health.
(2) Upon receipt of a petition under paragraph (1) of this
subsection, the Administrator shall publish it in the Federal
Register and shall provide an opportunity to interested persons
to submit written data, views, or arguments thereon. Not later
than the 30th day following the date of the publication of a
petition under this paragraph in the Federal Register, the
Administrator shall either make the designation for which the
petition is submitted or deny the petition.
(b)(1) During the period beginning on the date an area is
designated under subsection (a) and ending on the date the
applicable underground injection control program covering such
area takes effect, no new underground injection well may be
operated in such area unless the Administrator has issued a
permit for such operation.
(2) Any person may petition the Administrator for the
issuance of a permit for the operation of such a well in such
an area. A petition submitted under this paragraph shall be
submitted in such manner and contain such information as the
Administrator may require by regulation. Upon receipt of such a
petition, the Administrator shall publish it in the Federal
Register. The Administrator shall give notice of any proceeding
on a petition and shall provide opportunity for agency hearing.
The Administrator shall act upon such petition on the record of
any hearing held pursuant to the preceding sentence respecting
such petition. Within 120 days of the publication in the
Federal Register of a petition submitted under this paragraph,
the Administrator shall either issue the permit for which the
petition was submitted or shall deny its issuance.
(3) The Administrator may issue a permit for the operation
of a new underground injection well in an area designated under
subsection (a) only if he finds that the operation of such well
will not cause contamination of the aquifer of such area so as
to create a significant hazard to public health. The
Administrator may condition the issuance of such a permit upon
the use of such control measures in connection with the
operation of such well, for which the permit is to be issued,
as he deems necessary to assure that the operation of the well
will not contaminate the aquifer of the designated area in
which the well is located so as to create a significant hazard
to public health.
(c) Any person who operates a new underground injection
well in violation of subsection (b), (1) shall be subject to a
civil penalty of not more than $5,000 for each day in which
such violation occurs, or (2) if such violation is willful,
such person may, in lieu of the civil penalty authorized by
clause (1), be fined not more than $10,000 for each day in
which such violation occurs. If the Administrator has reason to
believe that any person is violating or will violate subsection
(b), he may petition the United States district court to issue
a temporary restraining order or injunction (including a
mandatory injunction) to enforce such subsection.
(d) For purposes of this section, the term ``new
underground injection well'' means an underground injection
well whose operation was not approved by appropriate State and
Federal agencies before the date of the enactment of this
title.
(e) If the Administrator determines, on his own initiative
or upon petition, that an area has an aquifer which is the sole
or principal drinking water source for the area and which, if
contaminated, would create a significant hazard to public
health, he shall publish notice of that determination in the
Federal Register. After the publication of any such notice, no
commitment for Federal financial assistance (through a grant,
contract, loan guarantee, or otherwise) may be entered into for
any project which the Administrator determines may contaminate
such aquifer through a recharge zone so as to create a
significant hazard to public health, but a commitment for
Federal financial assistance may, if authorized under another
provision of law, be entered into to plan or design the project
to assure that it will not so contaminate the aquifer.
[42 U.S.C. 300h-3]
optional demonstration by states relating to oil or natural gas
Sec. 1425. (a) For purposes of the Administrator's approval
or disapproval under section 1422 of that portion of any State
underground injection control program which relates to--
(1) the underground injection of brine or other
fluids which are brought to the surface in connection
with oil or natural gas production or natural gas
storage operations, or
(2) any underground injection for the secondary or
tertiary recovery of oil or natural gas,
in lieu of the showing required under subparagraph (A) of
section 1422(b)(1) the State may demonstrate that such portion
of the State program meets the requirements of subparagraphs
(A) through (D) of section 1421(b)(1) and represents an
effective program (including adequate recordkeeping and
reporting) to prevent underground injection which endangers
drinking water sources.
(b) If the Administrator revises or amends any requirement
of a regulation under section 1421 relating to any aspect of
the underground injection referred to in subsection (a), in the
case of that portion of a State underground injection control
program for which the demonstration referred to in subsection
(a) has been made, in lieu of the showing required under
section 1422(b)(1)(B) the State may demonstrate that, with
respect to that aspect of such underground injection, the State
program meets the requirements of subparagraphs (A) through (D)
of section 1421(b)(1) and represents an effective program
(including adequate recordkeeping and reporting) to prevent
underground injection which endangers drinking water sources.
(c)(1) Section 1422(b)(3) shall not apply to that portion
of any State underground injection control program approved by
the Administrator pursuant to a demonstration under subsection
(a) of this section (and under subsection (b) of this section
where applicable).
(2) If pursuant to such a demonstration, the Administrator
approves such portion of the State program, the State shall
have primary enforcement responsibility with respect to that
portion until such time as the Administrator determines, by
rule, that such demonstration is no longer valid. Following
such a determination, the Administrator may exercise the
authority of subsection (c) of section 1422 in the same manner
as provided in such subsection with respect to a determination
described in such subsection.
(3) Before promulgating any rule under paragraph (2), the
Administrator shall provide opportunity for public hearing
respecting such rule.
[42 U.S.C. 300h-4]
[sec. 1426. regulation of state programs]
regulation of state programs
Sec. 1426. (a) \1\ Not later than 18 months after enactment
of the Safe Drinking Water Act Amendments of 1986, the
Administrator shall modify regulations issued under this Act
for Class I injection wells to identify monitoring methods, in
addition to those in effect on November 1, 1985, including
groundwater monitoring. In accordance with such regulations,
the Administrator, or delegated State authority, shall
determine the applicability of such monitoring methods,
wherever appropriate, at locations and in such a manner as to
proivide the earliest possible detection of fluid migration
into, or in the direction of, underground sources of drinking
water from such wells, based on its assessment of the potential
for fluid migration from the injection zone that may be harmful
to human health or the environment. For purposes of this
subsection, a class I injection well is defined in accordance
with 40 CFR 146.05 as in effect on November 1, 1985.
---------------------------------------------------------------------------
\1\ Public Law 104-66 struck the designation ``(a)'' and subsection
(b). Section 501(f)(2) of Public Law 104-182 amended the section
heading and designation. The ``(a)'' should be deleted.
---------------------------------------------------------------------------
[42 U.S.C. 300h-5]
[sec. 1427. sole source aquifer demonstration program]
sole source aquifer demonstration program
Sec. 1427. (a) Purpose.--The purpose of this section is to
establish procedures for development, implementation, and
assessment of demonstration programs designed to protect
critical aquifer protection areas located within areas
designated as sole or principal source aquifers under section
1424(e) of this Act.
(b) Definition.--For purposes of this section, the term
``critical aquifer protection area'' means either of the
following:
(1) All or part of an area located within an area
for which an application or designation as a sole or
principal source aquifer pursuant to section 1424(e),
has been submitted and approved by the Administrator
[not later than 24 months after the enactment of the
Safe Drinking Water Act Amendments of 1986] and which
satisfies the criteria established by the Administrator
under subsection (d).
(2) All or part of an area which is within an
aquifer designated as a sole source aquifer as of the
enactment of the Safe Drinking Water Act Amendments of
1986 and for which an areawide ground water quality
protection plan has been approved under section 208 of
the Clean Water Act prior to such enactment.
(c) Application.--Any State, municipal or local government
or political subdivision thereof of any planning entity
(including any interstate regional planning entity) that
identifies a critical aquifer protection area over which it has
authority or jurisdiction may apply to the Administrator for
the selection of such area for a demonstration program under
this section. Any applicant shall consult with other government
or planning entities with authority or jurisdiction in such
area prior to application. Applicants, other than the Governor,
shall submit the application for a demonstration program
jointly with the Governor.
(d) Criteria.--Not later than 1 year after the enactment of
the Safe Drinking Water Act Amendments of 1986, the
Administrator shall, by rule, establish criteria for
identifying critical aquifer protection areas under this
section. In establishing such criteria, the Administrator shall
consider each of the following:
(1) The vulnerability of the aquifer to
contamination due to hydrogeologic characteristics.
(2) The number of persons or the proportion of
population using the ground water as a drinking water
source.
(3) The economic, social and environmental benefits
that would result to the area from maintenance of
ground water of high quality.
(4) The economic, social and environmental costs
that would result from degradation of the quality of
the ground water.
(e) Contents of Application.--An application submitted to
the Administrator by any applicant for demonstration program
under this section shall meet each of the following
requirements:
(1) The application shall propose boundaries for
the critical aquifer protection area within its
jurisdiction.
(2) The application shall designate or, if
necessary, establish a planning entity (which shall be
a public agency and which shall include representation
of elected local and State governmental officials) to
develop a comprehensive management plan (hereinafter in
this section referred to as the ``plan'') for the
critical protection area. Where a local government
planning agency exists with adequate authority to carry
out this section with respect to any proposed critical
protection area, such agency shall be designated as the
planning entity.
(3) The application shall establish procedures for
public participation in the development of the plan,
for review, approval, and adoption of the plan, and for
assistance to municipalities and other public agencies
with authority under State law to implement the plan.
(4) The application shall include a hydrogeologic
assessment of surface and ground water resources within
the critical protection area.
(5) The application shall include a comprehensive
management plan for the proposed protection area.
(6) The application shall include the measures and
schedule proposed for implementation of such plan.
(f) Comprehensive Plan.--
(1) The objective of a comprehensive management
plan submitted by an applicant under this section shall
be to maintain the quality of the ground water in the
critical protection area in a manner reasonably
expected to protect human health, the environment and
ground water resources. In order to achieve such
objective, the plan may be designed to maintain, to the
maximum extent possible, the natural vegetative and
hydrogeological conditions. Each of the following
elements shall be included in such a protection plan:
(A) A map showing the detailed boundary of
the critical protection area.
(B) An identification of existing and
potential point and nonpoint sources of ground
water degradation.
(C) An assessment of the relationship
between activities on the land surface and
ground water quality.
(D) Specific actions and management
practices to be implemented in the critical
protection area to prevent adverse impacts on
ground water quality.
(E) Identification of authority adequate to
implement the plan, estimates of program costs,
and sources of State matching funds.
(2) Such plan may also include the following:
(A) A determination of the quality of the
existing ground water recharged through the
special protection area and the natural
recharge capabilities of the special protection
area watershed.
(B) Requirements designed to maintain
existing underground drinking water quality or
improve underground drinking water quality if
prevailing conditions fail to meet drinking
water standards, pursuant to this Act and State
law.
(C) Limits on Federal, State, and local
government, financially assisted activities and
projects which may contribute to degradation of
such ground water or any loss of natural
surface and subsurface infiltration of
purification capability of the special
protection watershed.
(D) A comprehensive statement of land use
management including emergency contingency
planning as it pertains to the maintenance of
the quality of underground sources of drinking
water or to the improvement of such sources if
necessary to meet drinking water standards
pursuant to this Act and State law.
(E) Actions in the special protection area
which would avoid adverse impacts on water
quality, recharge capabilities, or both.
(F) Consideration of specific techniques,
which may include clustering, transfer of
development rights, and other innovative
measures sufficient to achieve the objectives
of this section.
(G) Consideration of the establishment of a
State institution to facilitate and assist
funding a development transfer credit system.
(H) A program for State and local
implementation of the plan described in this
subsection in a manner that will insure the
continued, uniform, consistent protection of
the critical protection area in accord with the
purposes of this section.
(I) Pollution abatement measures, if
appropriate.
(g) Plans Under Section 208 of the Clean Water Act.--A plan
approved before the enactment of the Safe Drinking Water Act
Amendments of 1986 under section 208 of the Clean Water Act to
protect a sole source aquifer designated under section 1424(e)
of this Act shall be considered a comprehensive management plan
for the purposes of this section.
(h) Consultation and Hearings.--During the development of a
comprehensive management plan under this section, the planning
entity shall consult with, and consider the comments of,
appropriate officials of any municipality and State or Federal
agency which has jurisdiction over lands and waters within the
special protection area, other concerned organizations and
technical and citizen advisory committees. The planning entity
shall conduct public hearings at places within the special
protection area for the purpose of providing the opportunity to
comment on any aspect of the plan.
(i) Approval or Disapproval.--Within 120 days after receipt
of an application under this section, the Administrator shall
approve or disapprove the application. The approval or
disapproval shall be based on a determination that the critical
protection area satisfies the criteria established under
subsection (d) and that a demonstration program for the area
would provide protection for ground water quality consistent
with the objectives stated in subsection (f). The Administrator
shall provide to the Governor a written explanation of the
reasons for the disapproval of any such application. Any
petitioner may modify and resubmit any application which is not
approved. Upon approval of an application, the Administrator
may enter into a cooperative agreement with the applicant to
establish a demonstration program under this section.
(j) Grants and Reimbursement.--Upon entering a cooperative
agreement under subsection (i), the Administrator may provide
to the applicant, on a matching basis, a grant of 50 per centum
of the costs of implementing the plan established under this
section. The Administrator may also reimburse the applicant of
an approved plan up to 50 per centum of the costs of developing
such plan, except for plans approved under section 208 of the
Clean Water Act. The total amount of grants under this section
for any one aquifer, designated under section 1424(e), shall
not exceed $4,000,000 in any one fiscal year.
(k) Activities Funded Under Other Law.--No funds authorized
under this [subsection] section may be used to fund activities
funded under other sections of this Act or the Clean Water Act,
the Solid Waste Disposal Act, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 or other
environmental laws.
(l) Savings Provision.--Nothing under this section shall be
construed to amend, supersede or abrogate rights to quantities
of water which have been established by interstate water
compacts, Supreme Court decrees, or State water laws, or any
requirement imposed or right provided under any Federal or
State environmental or public health statute.
(m) Authorization.--There are authorized to be appropriated
to carry out this section not more than the following amounts:
Fiscal year:
Amount
1987................................................ $10,000,000
1988................................................ 15,000,000
1989................................................ 17,500,000
1990................................................ 17,500,000
1991................................................ 17,500,000
1992-2003........................................... 15,000,000.
Matching grants under this section may also be used to
implement or update any water quality management plan for a
sole or principal source aquifer approved (before the date of
the enactment of this section) by the Administrator under
section 208 of the Federal Water Pollution Control Act.
[42 U.S.C. 300h-6]
[sec. 1428. state programs to establish wellhead protection areas]
state programs to establish wellhead protection areas
Sec. 1428. (a) State Programs.--The Governor ordir
Governor's designee of each State shall, within 3 years of the
date of enactment of the Safe Drinking Water Act Amendments of
1986, adopt and submit to the Administrator a State program to
protect wellhead areas within their jurisdiction from
contaminants which may have any adverse effect on the health of
persons. Each State program under this section shall, at a
minimum--
(1) specify the duties of State agencies, local
governmental entities, and public water supply systems
with respect to the development and implementation of
programs required by this section;
(2) for each wellhead, determine the wellhead
protection areas as defined in subsection (e) based on
all reasonably available hydrogeologic information on
ground water flow, recharge and discharge and other
information the State deems necessary to adequately
determine the wellhead protection area;
(3) identify within each wellhead protection area
all potential anthropogenic sources of contaminants
which may have any adverse effect on the health of
persons;
(4) describe a program that contains, as
appropriate, technical assistance, financial
assistance, implementation of control measures,
education, training, and demonstration projects to
protect the water supply within wellhead protection
areas from such contaminants;
(5) include contingency plans for the location and
provision of alternate drinking water supplies for each
public water system in the event of well or wellfield
contamination by such contaminants; and
(6) include a requirement that consideration be
given to all potential sources of such contaminants
within the expected wellhead area of a new water well
which serves a public water supply system.
(b) Public Participation.--To the maximum extent possible,
each State shall establish procedures, including but not
limited to the establishment of technical and citizens'
advisory committees, to encourage the public to participate in
developing the protection program for wellhead areas and source
water assessment programs under section 1453. Such procedures
shall include notice and opportunity for public hearing on the
State program before it is submitted to the Administrator.
(c) Disapproval.--
(1) In general.--If, in the judgment of the
Administrator, a State program or portion thereof under
subsection (a) is not adequate to protect public water
systems as required by subsection (a) or a State
program under section 1453 or section 1418(b) does not
meet the applicable requirements of section 1453 or
section 1418(b), the Administrator shall disapprove
such program or portion thereof. A State program
developed pursuant to subsection (a) shall be deemed to
be adequate unless the Administrator determines, within
9 months of the receipt of a State program, that such
program (or portion thereof) is inadequate for the
purpose of protecting public water systems as required
by this section from contaminants that may have any
adverse effect on the health of persons. A State
program developed pursuant to section 1453 or section
1418(b) shall be deemed to meet the applicable
requirements of section 1453 or section 1418(b) unless
the Administrator determines within 9 months of the
receipt of the program that such program (or portion
thereof) does not meet such requirements. If the
Administrator determines that a proposed State program
(or any portion thereof) [is inadequate] is
disapproved, the Administrator shall submit a written
statement of the reasons for such determination to the
Governor of the State.
(2) Modification and resubmission.--Within 6 months
after receipt of the Administrator's written notice
under paragraph (1) that any proposed State program (or
portion thereof) is disapproved, the Governor or
Governor's designee, shall modify the program based
upon the recommendations of the Administrator and
resubmit the modified program to the Administrator.
(d) Federal Assistance.--After the date 3 years after the
enactment of this section, no State shall receive funds
authorized to be appropriated under this section except for the
purpose of implementing the program and requirements of
paragraphs (4) and (6) of subsection (a).
(e) Definition of Wellhead Protection Area.--As used in
this section, the term ``wellhead protection area'' means the
surface and subsurface area surrounding a water well or
wellfield, supplying a public water system, through which
contaminants are reasonably likely to move toward and reach
such water well or wellfield. The extent of a wellhead
protection area, within a State, necessary to provide
protection from contaminants which may have any adverse effect
on the health of persons is to be determined by the State in
the program submitted under subsection (a). Not later than one
year after the enactment of the Safe Drinking Water Act
Amendments of 1986, the Administrator shall issue technical
guidance which States may use in making such determinations.
Such guidance may reflect such factors as the radius of
influence around a well or wellfield, the depth of drawdown of
the water table by such well or wellfield at any given point,
the time or rate of travel of various contaminants in various
hydrologic conditions, distance from the well or wellfield, or
other factors affecting the likelihood of contaminants reaching
the well or wellfield, taking into account available
engineering pump tests or comparable data, field
reconnaissance, topographic information, and the geology of the
formation in which the well or wellfield is located.
(f) Prohibitions.--
(1) Activities under other laws.--No funds
authorized to be appropriated under this section may be
used to support activities authorized by the Federal
Water Pollution Control Act, the Solid Waste Disposal
Act, the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, or other
sections of this Act.
(2) Individual sources.--No funds authorized to be
appropriated under this section may be used to bring
individual sources of contamination into compliance.
(g) Implementation.--Each State shall make every reasonable
effort to implement the State wellhead area protection program
under this section within 2 years of submitting the program to
the Administrator. Each State shall submit to the Administrator
a biennial status report describing the State's progress in
implementing the program. Such report shall include amendments
to the State program for water wells sited during the biennial
period.
(h) Federal Agencies.--Each department, agency, and
instrumentality of the executive, legislative, and judicial
branches of the Federal Government having jurisdiction over any
potential source of contaminants identified by a State program
pursuant to the provisions of subsection (a)(3) shall be
subject to and comply with all requirements of the State
program developed according to subsection (a)(4) applicable to
such potential source of contaminants, both substantive and
procedural, in the same manner, and to the same extent, as any
other person is subject to such requirements, including payment
of reasonable charges and fees. The President may exempt any
potential source under the jurisdiction of any department,
agency, or instrumentality in the executive branch if the
President determines it to be in the paramount interest of the
United States to do so. No such exemption shall be granted due
to the lack of an appropriation unless the President shall have
specifically requested such appropriation as part of the
budgetary process and the Congress shall have failed to make
available such requested appropriations.
(i) Additional Requirement.--
(1) In general.--In addition to the provisions of
subsection (a) of this section, States in which there
are more than 2,500 active wells at which annular
injection is used as of January 1, 1986, shall include
in their State program a certification that a State
program exists and is being adequately enforced that
provides protection from contaminants which may have
any adverse effect on the health of persons and which
are associated with the annular injection or surface
disposal of brines associated with oil and gas
production.
(2) Definition.--For purposes of this subsection,
the term ``annular injection'' means the reinjection of
brines associated with the production of oil or gas
between the production and surface casings of a
conventional oil or gas producing well.
(3) Review.--The Administrator shall conduct a
review of each program certified under this subsection.
(4) Disapproval.--If a State fails to include the
certification required by this subsection or if in the
judgment of the Administrator the State program
certified under this subsection is not being adequately
enforced, the Administrator shall disapprove the State
program submitted under subsection (a) of this section.
(j) Coordination With Other Laws.--Nothing in this section
shall authorize or require any department, agency, or other
instrumentality of the Federal Government or State or local
government to apportion, allocate or otherwise regulate the
withdrawal or beneficial use of ground or surface waters, so as
to abrogate or modify any existing rights to water established
pursuant to State or Federal law, including interstate
compacts.
(k) Authorization of Appropriations.--Unless the State
program is disapproved under this section, the Administrator
shall make grants to the State for not less than 50 or more
than 90 percent of the costs incurred by a State (as determined
by the Administrator) in developing and implementing each State
program under this section. For purposes of making such grants
there is authorized to be appropriated not more than the
following amounts:
Fiscal year:
Amount
1987................................................ $20,000,000
1988................................................ 20,000,000
1989................................................ 35,000,000
1990................................................ 35,000,000
1991................................................ 35,000,000
1992-2003........................................... 30,000,000.
[42 U.S.C. 300h-7]
state ground water protection grants
Sec. 1429. (a) In General.--The Administrator may make a
grant to a State for the development and implementation of a
State program to ensure the coordinated and comprehensive
protection of ground water resources within the State.
(b) Guidance.--Not later than 1 year after the date of
enactment of the Safe Drinking Water Act Amendments of 1996,
and annually thereafter, the Administrator shall publish
guidance that establishes procedures for application for State
groundwater protection program assistance and that identifies
key elements of State ground water protection programs.
(c) Conditions of Grants.--
(1) In general.--The Administrator shall award
grants to States that submit an application that is
approved by the Administrator. The Administrator shall
determine the amount of a grant awarded pursuant to
this paragraph on the basis of an assessment of the
extent of ground water resources in the State and the
likelihood that awarding the grant will result in
sustained and reliable protection of ground water
quality.
(2) Innovative program grants.--The Administrator
may also award a grant pursuant to this subsection for
innovative programs proposed by a State for the
prevention of ground water contamination.
(3) Allocation of funds.--The Administrator shall,
at a minimum, ensure that, for each fiscal year, not
less than 1 percent of funds made available to the
Administrator by appropriations to carry out this
section are allocated to each State that submits an
application that is approved by the Administrator
pursuant to this section.
(4) Limitation on grants.--No grant awarded by the
Administrator may be used for a project to remediate
ground water contamination.
(d) Amount of Grants.--The amount of a grant awarded
pursuant to paragraph (1) shall not exceed 50 percent of the
eligible costs of carrying out the ground water protection
program that is the subject of the grant (as determined by the
Administrator) for the 1-year period beginning on the date that
the grant is awarded. The State shall pay a State share to
cover the costs of the ground water protection program from
State funds in an amount that is not less than 50 percent of
the cost of conducting the program.
(e) Evaluations and Reports.--Not later than 3 years after
the date of enactment of the Safe Drinking Water Act Amendments
of 1996, and every 3 years thereafter, the Administrator shall
evaluate the State ground water protection programs that are
the subject of grants awarded pursuant to this section and
report to the Congress on the status of ground water quality in
the United States and the effectiveness of State programs for
ground water protection.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $15,000,000 for
each of fiscal years 1997 through 2003.
[42 U.S.C. 300h-8]
Part D--Emergency Powers
emergency powers
Sec. 1431. (a) Notwithstanding any other provision of this
title, the Administrator, upon receipt of information that a
contaminant which is present in or is likely to enter a public
water system or an underground source of drinking water may
present an imminent and substantial endangerment to the health
of persons, and that appropriate State and local authorities
have not acted to protect the health of such persons, may take
such actions as he may deem necessary in order to protect the
health of such persons. To the extent he determines it to be
practicable in light of such imminent endangerment, he shall
consult with the State and local authorities in order to
confirm the correctness of the information on which action
proposed to be taken under this subsection is based and to
ascertain the action which such authorities are or will be
taking. The action which the Administrator may take may include
(but shall not be limited to) (1) issuing such orders as may be
necessary to protect the health of persons who are or may be
users of such system (including travelers), including orders
requiring the provision of alternative water supplies by
persons who caused or contributed to the endangerment, and (2)
commencing a civil action for appropriate relief, including a
restraining order or permanent or temporary injunction.
(b) Any person who violates or fails or refuses to comply
with any order issued by the Administrator under subsection
(a)(1) may, in an action brought in the appropriate United
States district court to enforce such order, be subject to a
civil penalty of not to exceed [$5,000] $15,000 for each day in
which such violation occurs or failure to comply continues.
[42 U.S.C. 300i]
[sec. 1432. tampering with public water systems]
tampering with public water systems
Sec. 1432. (a) Tampering.--Any person who tampers with a
public water system shall be imprisoned for not more than 5
years, or fined in accordance with title 18 of the United
States Code, or both.
(b) Attempt or Threat.--Any person who attempts to tamper,
or makes a threat to tamper, with a public drinking water
system shall be imprisoned for not more than 3 years, or fined
in accordance with title 18 of the United States Code, or both.
(c) Civil Penalty.--The Administrator may bring a civil
action in the appropriate United States district court (as
determined under the provisions of title 28 of the United
States Code) against any person who tampers, attempts to
tamper, or makes a threat to tamper with a public water system.
The court may impose on such person a civil penalty of not more
than $50,000 for such tampering or not more than $20,000 for
such attempt or threat.
(d) Definition of ``Tamper''.--For purposes of this
section, the term ``tamper'' means--
(1) to introduce a contaminant into a public water
system with the intention of harming persons; or
(2) to otherwise interfere with the operation of a
public water system with the intention of harming
persons.
[42 U.S.C. 300i-1]
Part E--General Provisions
assurance of availability of adequate supplies of chemicals necessary
for treatment of water
Sec. 1441. (a) If any person who uses chlorine, activated
carbon, lime, ammonia, soda ash, potassium permanganate,
caustic soda, or other chemical or substance for the purpose of
treating water in any public water system or in any public
treatment works determines that the amount of such chemical or
substance necessary to effectively treat such water is not
reasonably available to him or will not be so available to him
when required for the effective treatment of such water, such
person may apply to the Administrator for a certification
(hereinafter in this section referred to as a ``certification
of need'') that the amount of such chemical or substance which
such person requires to effectively treat such water is not
reasonably available to him or will not be so available when
required for the effective treatment of such water.
(b)(1) An application for a certification of need shall be
in such form and submitted in such manner as the Administrator
may require and shall (A) specify the persons the applicant
determines are able to provide the chemical or substance with
respect to which the application is submitted, (B) specify the
persons from whom the applicant has sought such chemical or
substance, and (C) contain such other information as the
Administrator may require.
(2) Upon receipt of an application under this section, the
Administrator shall (A) publish in the Federal Register a
notice of the receipt of the application and a brief summary of
it, (B) notify in writing each person whom the President or his
delegate (after consultation with the Administrator) determines
could be made subject to an order required to be issued upon
the issuance of the certification of need applied for in such
application, and (C) provide an opportunity for the submission
of written comments on such application. The requirements of
the preceding sentence of this paragraph shall not apply when
the Administrator for good cause finds (and incorporates the
finding with a brief statement of reasons therefor in the order
issued) that waiver of such requirements is necessary in order
to protect the public health.
(3) Within 30 days after--
(A) the date a notice is published under paragraph
(2) in the Federal Register with respect to an
application submitted under this section for the
issuance of a certification of need, or
(B) the date on which such application is received
if as authorized by the second sentence of such
paragraph no notice is published with respect to such
application,
the Administrator shall take action either to issue or deny the
issuance of a certification of need.
(c)(1) If the Administrator finds that the amount of a
chemical or substance necessary for an applicant under an
application submitted under this section to effectively treat
water in a public water system or in a public treatment works
is not reasonably available to the applicant or will not be so
available to him when required for the effective treatment of
such water, the Administrator shall issue a certification of
need. Not later than seven days following the issuance of such
certification, the President or his delegate shall issue an
order requiring the provision to such person of such amounts of
such chemical or substance as the Administrator deems necessary
in the certification of need issued for such person. Such order
shall apply to such manufacturers, producers, processors,
distributors, and repackagers of such chemical or substance as
the President or his delegate deems necessary and appropriate,
except that such order may not apply to any manufacturer,
producer, or processor of such chemical or substance who
manufactures, produces, or processes (as the case may be) such
chemical or substance solely for its own use. Persons subject
to an order issued under this section shall be given a
reasonable opportunity to consult with the President or his
delegate with respect to the implementation of the order.
(2) Orders which are to be issued under paragraph (1) to
manufacturers, producers, and processors of a chemical or
substance shall be equitably apportioned, as far as
practicable, among all manufacturers, producers, and processors
of such chemical or substance; and orders which are to be
issued under paragraph (1) to distributors and repackagers of a
chemical or substance shall be equitably apportioned, as far as
practicable, among all distributors and repackagers of such
chemical or substance. In apportioning orders issued under
paragraph (1) to manufacturers, producers, processors,
distributors, and repackagers of chlorine, the President or his
delegate shall, in carrying out the requirements of the
preceding sentence, consider--
(A) the geographical relationships and established
commercial relationships between such manufacturers,
producers, processors, distributors, and repackagers
and the persons for whom the orders are issued;
(B) in the case of orders to be issued to producers
of chlorine, the (i) amount of chlorine historically
supplied by each such producer to treat water in public
water systems and public treatment works, and (ii)
share of each such producer of the total annual
production of chlorine in the United States; and
(C) such other factors as the President or his
delegate may determine are relevant to the
apportionment of orders in accordance with the
requirements of the preceding sentence.
(3) Subject to subsection (f), any person for whom a
certification of need has been issued under this subsection may
upon the expiration of the order issued under paragraph (1)
upon such certification apply under this section for additional
certifications.
(d) There shall be available as a defense to any action
brought for breach of contract in a Federal or State court
arising out of delay or failure to provide, sell, or offer for
sale or exchange a chemical or substance subject to an order
issued pursuant to subsection (c)(1), that such delay or
failure was caused solely by compliance with such order.
(e)(1) Whoever knowingly fails to comply with any order
issued pursuant to subsection (c)(1) shall be fined not more
than $5,000 for each such failure to comply.
(2) Whoever fails to comply with any order issued pursuant
to subsection (c)(1) shall be subject to a civil penalty of not
more than $2,500 for each such failure to comply.
(3) Whenever the Administrator or the President or his
delegate has reason to believe that any person is violating or
will violate any order issued pursuant to subsection (c)(1), he
may petition a United States district court to issue a
temporary restraining order or preliminary or permanent
injunction (including a mandatory injunction) to enforce the
provisions of such order.
(f) No certification of need or order issued under this
section may remain in effect for more than one year.
[42 U.S.C. 300j]
research, technical assistance, information, training of personnel
Sec. 1442. (a)(1) The Administrator may conduct research,
studies, and demonstrations relating to the causes, diagnosis,
treatment, control, and prevention of physical and mental
diseases and other impairments of man resulting directly or
indirectly from contaminants in water, or to the provision of a
dependably safe supply of drinking water, including--
(A) improved methods (i) to identify and measure
the existence of contaminants in drinking water
(including methods which may be used by State and local
health and water officials), and (ii) to identify the
source of such contaminants;
(B) improved methods to identify and measure the
health effects of contaminants in drinking water;
(C) new methods of treating raw water to prepare it
for drinking, so as to improve the efficiency of water
treatment and to remove contaminants from water;
(D) improved methods for providing a dependably
safe supply of drinking water, including improvements
in water purification and distribution, and methods of
assessing the health related hazards of drinking water;
and
(E) improved methods of protecting underground
water sources of public water systems from
contamination.
[(2)(A) The Administrator shall, to the maximum extent
feasible, provide technical assistance to the States and
municipalities in the establishment and administration of
public water system supervision programs (as defined in section
1443(c)(1)).]
(2) Information and research facilities.--In carrying out
this title, the Administrator is authorized to--
(A) collect and make available information
pertaining to research, investigations, and
demonstrations with respect to providing a dependably
safe supply of drinking water, together with
appropriate recommendations in connection with the
information; and
(B) make available research facilities of the
Agency to appropriate public authorities, institutions,
and individuals engaged in studies and research
relating to this title.
[(3)(A) The Administrator shall conduct studies, and make
periodic reports to Congress, on the costs of carrying out
regulations prescribed under section 1412.
[(B) Not later than eighteen months after the date of
enactment of this subparagraph, the Administrator shall submit
a report to Congress which identifies and analyzes--
[(i) the anticipated costs of compliance with
interim and revised national primary drinking water
regulations and the anticipated costs to States and
units of local governments in implementing such
regulations;
[(ii) alternative methods of (including alternative
treatment techniques for) compliance with such
regulations;
[(iii) methods of paying the costs of compliance by
public water systems with national primary drinking
water regulations, including user charges, State or
local taxes or subsidies, Federal grants (including
planning or construction grants, or both), loans, and
loan guarantees, and other methods of assisting in
paying the costs of such compliance;
[(iv) the advantages and disadvantages of each of
the methods referred to in clauses (ii) and (iii);
[(v) the sources of revenue presently available
(and projected to be available) to public water systems
to meet current and future expenses; and
[(vi) the costs of drinking water paid by
residential and industrial consumers in a sample of
large, medium, and small public water systems and of
individually owned wells, and the reasons for any
differences in such costs.
[The report required by this subparagraph shall
identify and analyze the items required in clauses (i)
through (v) separately with respect to public water
systems serving small communities. The report required
by this subparagraph shall include such recommendations
as the Administrator deems appropriate.
[(11)] (3) The Administrator shall carry out a study of
polychlorinated biphenyl contamination of actual or potential
sources of drinking water, contamination of such sources by
other substances known or suspected to be harmful to public
health, the effects of such contamination, and means of
removing, treating, or otherwise controlling such
contamination. To assist in carrying out this paragraph, the
Administrator is authorized to make grants to public agencies
and private nonprofit institutions.
(4) The Administrator shall conduct a survey and study of--
(A) disposal of waste (including residential waste)
which may endanger underground water which supplies, or
can reasonably be expected to supply, any public water
systems, and
(B) means of control of such waste disposal.
Not later than one year after the date of enactment of this
title, he shall transmit to the Congress the results of such
survey and study, together with such recommendations as he
deems appropriate.
(5) The Administrator shall carry out a study of methods of
underground injection which do not result in the degradation of
underground drinking water sources.
(6) The Administrator shall carry out a study of methods of
preventing, detecting, and dealing with surface spills of
contaminants which may degrade underground water sources for
public water systems.
(7) The Administrator shall carry out a study of virus
contamination of drinking water sources and means of control of
such contamination.
(8) The Administrator shall carry out a study of the nature
and extent of the impact on underground water which supplies or
can reasonably be expected to supply public water systems of
(A) abandoned injection or extraction wells; (B) intensive
application of pesticides and fertilizers in underground water
recharge areas; and (C) ponds, pools, lagoons, pits, or other
surface disposal of contaminants in underground water recharge
areas.
(9) The Administrator shall conduct a comprehensive study
of public water supplies and drinking water sources to
determine the nature, extent, sources of and means of control
of contamination by chemicals or other substances suspected of
being carcinogenic. Not later than six months after the date of
enactment of this title, he shall transmit to the Congress the
initial results of such study, together with such
recommendations for further review and corrective action as he
deems appropriate.
(10) The Administrator shall carry out a study of the
reaction of chlorine and humic acids and the effects of the
contaminants which result from such reaction on public health
and on the safety of drinking water, including any carcinogenic
effect.
[(b) In carrying out this title, the Administrator is
authorized to--
[(1) collect and make available information
pertaining to research, investigations, and
demonstrations with respect to providing a dependably
safe supply of drinking water together with appropriate
recommendations in connection therewith;
[(2) make available research facilities of the
Agency to appropriate public authorities, institutions,
and individuals engaged in studies and research
relating to the purposes of this title;]
[(B)] (b) The Administrator is authorized to provide
technical assistance and to make grants to States, or publicly
owned water systems to assist in responding to and alleviating
any emergency situation affecting public water systems
(including sources of water for such systems) which the
Administrator determines to present substantial danger to the
public health. Grants provided under this subparagraph shall be
used only to support those actions which (i) are necessary for
preventing, limiting or mitigating danger to the public health
in such emergency situation and (ii) would not, in the judgment
of the Administrator, be taken without such emergency
assistance. The Administrator may carry out the program
authorized under this subparagraph as part of, and in
accordance with the terms and conditions of, any other program
of assistance for environmental emergencies which the
Administrator is authorized to carry out under any other
provision of law. No limitation on appropriations for any such
other program shall apply to amounts appropriated under this
subparagraph.
[(c) Not later than 2 years after the date of enactment of
the Safe Drinking Water Act Amendments of 1995, and every 5
years thereafter, the Administrator shall submit a report to
Congress on the present and projected future availability of an
adequate and dependable supply of safe drinking water to meet
present and projected future need. Such report shall include an
analysis of the future demand for drinking water and other
competing uses of water, the availability and use of methods to
conserve water or reduce demand, the adequacy of present
measures to assure adequate and dependable supplies of safe
drinking water, and the problems (financial, legal, or other)
which need to be resolved in order to assure the availability
of such supplies for the future. Existing information and data
compiled by the National Water Commission and others shall be
utilized to the extent possible.
[(d)] (c) The Administrator shall--
(1) provide training for, and make grants for
training (including postgraduate training) of (A)
personnel of State agencies which have primary
enforcement responsibility and of agencies or units of
local government to which enforcement responsibilities
have been delegated by the State, and (B) personnel who
manage or operate public water systems, and
(2) make grants for postgraduate training of
individuals (including grants to educational
institutions for traineeships) for purposes of
qualifying such individuals to work as personnel
referred to in paragraph (1).
(3) make grants to, and enter into contracts with,
any public agency, educational institution, and any
other organization, in accordance with procedures
prescribed by the Administrator, under which he may pay
all or a part of the costs (as may be determined by the
Administrator) of any project or activity which is
designed--
(A) to develop, expand, or carry out a
program (which may combine training education
and employment) for training persons for
occupations involving the public health aspects
of providing safe drinking water;
(B) to train inspectors and supervisory
personnel to train or supervise persons in
occupations involving the public health aspects
of providing safe drinking water; or
(C) to develop and expand the capability of
programs of States and municipalities to carry
out the purposes of this title (other than by
carrying out State programs of public water
system supervision or underground water source
protection (as defined in section 1443(c))).
Reasonable fees may be charged for training provided
under paragraph (1)(B) to persons other than personnel
of State or local agencies but such training shall be
provided to personnel of State or local agencies
without charge.
[(f)] (d) There are authorized to be appropriated to carry
out the provisions of this section other than subsection
(a)(2)(B) and provisions relating to research $15,000,000 for
the fiscal year ending June 30, 1975; $25,000,000 for the
fiscal year ending June 30, 1976; $35,000,000 for the fiscal
year ending June 30, 1977; $17,000,000 for each of the fiscal
years 1978 and 1979; $21,405,000 for the fiscal year ending
September 30, 1980; $30,000,000 for the fiscal year ending
September 30, 1981; and $35,000,000 for the fiscal year ending
September 30, 1982. There are authorized to be appropriated to
carry out subsection (a)(2)(B) $8,000,000 for each of the
fiscal years 1978 through 1982. There are authorized to be
appropriated to carry out subsection (a)(2)(B) not more than
the following amounts:
Fiscal year:
Amount
1987................................................ $7,650,000
1988................................................ 7,650,000
1989................................................ 8,050,000
1990................................................ 8,050,000
1991................................................ 8,050,000
There are authorized to be appropriated to carry out the
provisions of this section (other then subsection (g),
subsection (a)(2)(B), and provisions relating to research), not
more than the following amounts:
Fiscal year:
Amount
1987................................................ $35,600,000
1988................................................ 35,600,000
1989................................................ 38,020,000
1990................................................ 38,020,000
1991................................................ 38,020,000
[(g)] (e) Technical Assistance.--The Administrator [is
authorized to] may provide technical assistance to small public
water systems to enable such systems to achieve and maintain
compliance with applicable national primary drinking water
regulations. Such assistance may include circuit-rider and
multi-State regional technical assistance programs, training,
and preliminary engineering [studies] evaluations. [There are
authorized to be appropriated to carry out this subsection
$10,000,000 for each of the fiscal years 1987 through 1991.]
The Administrator shall ensure that technical assistance
pursuant to this subsection is available in each State. Each
nonprofit organization receiving assistance under this
subsection shall consult with the State in which the assistance
is to be expended or otherwise made available before using
assistance to undertake activities to carry out this
subsection. There are authorized to be appropriated to the
Administrator to be used for such technical assistance
$15,000,000 for each of the fiscal years 1997 through 2003.
[Not less than the greater of--
[(1) 3 percent of the amounts appropriated
under this subsection, or
[(2) $280,000
[shall be utilized for technical assistance to
public water systems owned or operated by
Indian tribes.]
No portion of any State loan fund established under section
1452 (relating to State loan funds) and no portion of any funds
made available under this subsection may be used for lobbying
expenses. Of the total amount appropriated under this
subsection, 3 percent shall be used for technical assistance to
public water systems owned or operated by Indian Tribes.
[42 U.S.C. 300j-1]
grants for state programs
Sec. 1443. (a)(1) From allotments made pursuant to
paragraph (4), the Administrator may make grants to States to
carry out public water system supervision programs.
(2) No grant may be made under paragraph (1) unless an
application therefor has been submitted to the Administrator in
such form and manner as he may require. The Administrator may
not approve an application of a State for its first grant under
paragraph (1) unless he determines that the State--
(A) has established or will establish within one
year from the date of such grant a public water system
supervision program, and
(B) will, within that one year, assume primary
enforcement responsibility for public water systems
within the State.
No grant may be made to a State under paragraph (1) for any
period beginning more than one year after the date of the
State's first grant unless the State has assumed and maintains
primary enforcement responsibility for public water systems
within the State. The prohibitions contained in the preceding
two sentences shall not apply to such grants when made to
Indian Tribes.
(3) A grant under paragraph (1) shall be made to cover not
more than 75 per centum of the grant recipient's costs (as
determined under regulations of the Administrator) in carrying
out, during the one-year period beginning on the date the grant
is made, a public water system supervision program.
(4) In each fiscal year the Administrator shall, in
accordance with regulations, allot the sums appropriated for
such year under paragraph (5) among the States on the basis of
population, geographical area, number of public water systems,
and other relevant factors. No State shall receive less than 1
per centum of the annual appropriation for grants under
paragraph (1): Provided, That the Administrator may, by
regulation, reduce such percentage in accordance with the
criteria specified in this paragraph: And provided further,
That such percentage shall not apply to grants allotted to
Guam, American Samoa, or the Virgin Islands.
(5) The prohibition contained in the last sentence of
paragraph (2) may be waived by the Administrator with respect
to a grant to a State through fiscal year 1979 but such
prohibition may only be waived if, in the judgment of the
Administrator--
(A) the State is making a diligent effort to assume
and maintain primary enforcement responsibility for
public water systems within the State;
(B) the State has made significant progress toward
assuming and maintaining such primary enforcement
responsibility; and
(C) there is reason to believe the State will
assume such primary enforcement responsibility by
October 1, 1979.
The amount of any grant awarded for the fiscal years 1978 and
1979 pursuant to a waiver under this paragraph may not exceed
75 per centum of the allotment which the State would have
received for such fiscal year if it had assumed and maintained
such primary enforcement responsibility. The remaining 25 per
centum of the amount allotted to such State for such fiscal
year shall be retained by the Administrator, and the
Administrator may award such amount to such State at such time
as the State assumes such responsibility before the beginning
of fiscal year 1980. At the beginning of each fiscal years 1979
and 1980 the amounts retained by the Administrator for any
preceding fiscal year and not awarded by the beginning of
fiscal year 1979 or 1980 to the States to which such amounts
were originally allotted may be removed from the original
allotment and reallotted for fiscal year 1979 or 1980 (as the
case may be) to States which have assumed primary enforcement
responsibility by the beginning of such fiscal year.
(6) The Administrator shall notify the State of the
approval or disapproval of any application for a grant under
this section--
(A) within ninety days after receipt of such
application, or
(B) not later than the first day of the fiscal year
for which the grant application is made, whichever is
later.
(7) Authorization.--For the purpose of making
grants under paragraph (1), there are authorized to be
appropriated $100,000,000 for each of fiscal years 1997
through 2003.
(8) Reservation of funds by the administrator.--If
the Administrator assumes the primary enforcement
responsibility of a State public water system
supervision program, the Administrator may reserve from
funds made available pursuant to this subsection an
amount equal to the amount that would otherwise have
been provided to the State pursuant to this subsection.
The Administrator shall use the funds reserved pursuant
to this paragraph to ensure the full and effective
administration of a public water system supervision
program in the State.
(9) State loan funds.--
(A) Reservation of funds.--For any fiscal
year for which the amount made available to the
Administrator by appropriations to carry out
this subsection is less than the amount that
the Administrator determines is necessary to
supplement funds made available pursuant to
paragraph (8) to ensure the full and effective
administration of a public water system
supervision program in a State, the
Administrator may reserve from the funds made
available to the State under section 1452
(relating to State loan funds) an amount that
is equal to the amount of the shortfall. This
paragraph shall not apply to any State not
exercising primary enforcement responsibility
for public water systems as of the date of
enactment of the Safe Drinking Water Act
Amendments of 1996.
(B) Duty of administrator.--If the
Administrator reserves funds from the
allocation of a State under subparagraph (A),
the Administrator shall carry out in the State
each of the activities that would be required
of the State if the State had primary
enforcement authority under section 1413.
(b)(1) From allotments made pursuant to paragraph (4), the
Administrator may make grants to States to carry out
underground water source protection programs.
(2) No grant may be made under paragraph (1) unless an
application therefor has been submitted to the Administrator in
such form and manner as he may require. No grant may be made to
any State under paragraph (1) unless the State has assumed
primary enforcement responsibility within two years after the
date the Administrator promulgates regulations for State
underground injection control programs under section 1421. The
prohibition contained in the preceding sentence shall not apply
to such grants when made to Indian Tribes.
(3) A grant under paragraph (1) shall be made to cover not
more than 75 per centum of the grant recipient's costs (as
determined under regulations of the Administrator) in carrying
out, during the one-year period beginning on the date the grant
is made, an underground water source protection program.
(4) In each fiscal year the Administrator shall, in
accordance with regulations, allot the sums appropriated for
such year under paragraph (5) among the States on the basis of
population, geographical area, and other relevant factors.
(5) For purposes of making grants under paragraph (1) there
are authorized to be appropriated $5,000,000 for the fiscal
year ending June 30, 1976, $7,500,000 for the fiscal year
ending June 30, 1977, $10,000,000 for each of the fiscal years
1978 and 1979, $7,795,000 for the fiscal year ending September
30, 1980, $18,000,000 for the fiscal year ending September 30,
1981, and $21,000,000 for the fiscal year ending September 30,
1982. For the purpose of making grants under paragraph (1)
there are authorized to be appropriated not more than the
following amounts:
Fiscal year:
Amount
1987................................................ $19,700,000
1988................................................ 19,700,000
1989................................................ 20,850,000
1990................................................ 20,850,000
1991................................................ 20,850,000
1992-2003........................................... 15,000,000.
(c) For purposes of this section:
(1) The term ``public water system supervision
program'' means a program for the adoption and
enforcement of drinking water regulations (with such
variances and exemptions from such regulations under
conditions and in a manner which is not less stringent
than the conditions under, and the manner in, which
variances and exemptions may be granted under sections
1415 and 1416) which are no less stringent than the
national primary drinking water regulations under
section 1412, and for keeping records and making
reports required by section 1413(a)(3).
(2) The term ``underground water source protection
program'' means a program for the adoption and
enforcement of a program which meets the requirements
of regulations under section 1421 and for keeping
records and making reports required by section
1422(b)(1)(A)(ii). Such term includes, where
applicable, a program which meets the requirements of
section 1425.
(d) New York City Watershed Protection Program.--
(1) In general.--The Administrator is authorized to
provide financial assistance to the State of New York
for demonstration projects implemented as part of the
watershed program for the protection and enhancement of
the quality of source waters of the New York City water
supply system, including projects that demonstrate,
assess, or provide for comprehensive monitoring and
surveillance and projects necessary to comply with the
criteria for avoiding filtration contained in 40 CFR
141.71. Demonstration projects which shall be eligible
for financial assistance shall be certified to the
Administrator by the State of New York as satisfying
the purposes of this subsection. In certifying projects
to the Administrator, the State of New York shall give
priority to monitoring projects that have undergone
peer review.
(2) Report.--Not later than 5 years after the date
on which the Administrator first provides assistance
pursuant to this paragraph, the Governor of the State
of New York shall submit a report to the Administrator
on the results of projects assisted.
(3) Matching requirements.--Federal assistance
provided under this subsection shall not exceed 50
percent of the total cost of the protection program
being carried out for any particular watershed or
ground water recharge area.
(4) Authorization.--There are authorized to be
appropriated to the Administrator to carry out this
subsection for each of fiscal years 1997 through 2003,
$15,000,000 for the purpose of providing assistance to
the State of New York to carry out paragraph (1).
[42 U.S.C. 300j-2]
special study and demonstration project grants; guaranteed loans
Sec. 1444. (a) The Administrator may make grants to any
person for the purposes of--
(1) assisting in the development and demonstration
(including construction) of any project which will
demonstrate a new or improved method, approach, or
technology, for providing a dependably safe supply of
drinking water to the public; and
(2) assisting in the development and demonstration
(including construction) of any project which will
investigate and demonstrate health implications
involved in the reclamation, recycling, and reuse of
waste waters for drinking and the processes and methods
for the preparation of safe and acceptable drinking
water.
(b) Grants made by the Administrator under this section
shall be subject to the following limitations:
(1) Grants under this section shall not exceed
66\2/3\ per centum of the total cost of construction of
any facility and 75 per centum of any other costs, as
determined by the Administrator.
(2) Grants under this section shall not be made for
any project involving the construction or modification
of any facilities for any public water system in a
State unless such project has been approved by the
State agency charged with the responsibility for safety
of drinking water (or if there is no such agency in a
State, by the State health authority).
(3) Grants under this section shall not be made for
any project unless the Administrator determines, after
consulting the National Drinking Water Advisory
Council, that such project will serve a useful purpose
relating to the development and demonstration of new or
improved techniques, methods, or technologies for the
provision of safe water to the public for drinking.
(4) Priority for grants under this section shall be
given where there are known or potential public health
hazards which require advanced technology for the
removal of particles which are too small to be removed
by ordinary treatment technology.
(c) For the purposes of making grants under subsections (a)
and (b) of this section there are authorized to be appropriated
$7,500,000 for the fiscal year ending June 30, 1975; and
$7,500,000 for the fiscal year ending June 30, 1976; and
$10,000,000 for the fiscal year ending June 30, 1977.
(d) The Administrator during the fiscal years ending June
30, 1975, and June 30, 1976, shall carry out a program of
guaranteeing loans made by private lenders to small public
water systems for the purpose of enabling such systems to meet
national primary drinking water regulations prescribed under
section 1412. No such guarantee may be made with respect to a
system unless (1) such system cannot reasonably obtain
financial assistance necessary to comply with such regulations
from any other source, and (2) the Administrator determines
that any facilities constructed with a loan guaranteed under
this subsection is not likely to be made obsolete by subsequent
changes in primary regulations. The aggregate amount of
indebtedness guaranteed with respect to any system may not
exceed $50,000. The aggregate amount of indebtedness guaranteed
under this subsection may not exceed $50,000,000. The
Administrator shall prescribe regulations to carry out this
subsection.
[42 U.S.C. 300j-3]
records and inspections
Sec. 1445. (a)(1)(A) [Every person who is a supplier of
water, who is or may be otherwise subject to a primary drinking
water regulation prescribed under section 1412 or to an
applicable underground injection control program (as defined in
section 1422(C)), who is or may be subject to the permit
requirement of section 1424 or to an order issued under section
1441, or who is a grantee] Every person who is subject to any
requirement of this title or who is a grantee, shall establish
and maintain such records, make such reports, conduct such
monitoring, and provide such information as the Administrator
may reasonably require by regulation to assist the
Administrator in establishing regulations under this title, in
determining whether such person has acted or is acting in
compliance with this title, in administering any program of
financial assistance under this title, in evaluating the health
risks of unregulated contaminants, or in advising the public of
such risks. In requiring a public water system to monitor under
this subsection, the Administrator may take into consideration
the system size and the contaminants likely to be found in the
system's drinking water.
(B) Every person who is subject to a national primary
drinking water regulation under section 1412 shall provide such
information as the Administrator may reasonably require, after
consultation with the State in which such person is located if
such State has primary enforcement responsibility for public
water systems, on a case-by-case basis, to determine whether
such person has acted or is acting in compliance with this
title.
(C) Every person who is subject to a national primary
drinking water regulation under section 1412 shall provide such
information as the Administrator may reasonably require to
assist the Administrator in establishing regulations under
section 1412 of this title, after consultation with States and
suppliers of water. The Administrator may not require under
this subparagraph the installation of treatment equipment or
process changes, the testing of treatment technology, or the
analysis or processing of monitoring samples, except where the
Administrator provides the funding for such activities. Before
exercising this authority, the Administrator shall first seek
to obtain the information by voluntary submission.
(D) The Administrator shall not later than 2 years after
the date of enactment of this subparagraph, after consultation
with public health experts, representatives of the general
public, and officials of State and local governments, review
the monitoring requirements for not fewer than 12 contaminants
identified by the Administrator, and promulgate any necessary
modifications.
[(2) Not later than 18 months after enactment of the Safe
Drinking Water Act Amendments of 1986, the Administrator shall
promulgate regulations requiring every public water system to
conduct a monitoring program for unregulated contaminants. The
regulations shall require monitoring of drinking water supplied
by the system and shall vary the frequency and schedule of
monitoring requirements for systems based on the number of
persons served by the system, the source of supply, and the
contaminants likely to be found. Each system shall be required
to monitor at least once every 5 years after the effective date
of the Administrator's regulations unless the Administrator
requires more frequent monitoring.
[(3) Regulations under paragraph (2) shall list unregulated
contaminants for which systems may be required to monitor, and
shall include criteria by which the primary enforcement
authority in each State could show cause for addition or
deletion of contaminants from the designated list. The primary
State enforcement authority may delete contaminants for an
individual system, in accordance with these criteria, after
obtaining approval of assessment of the contaminants
potentially to be found in the system. The Administrator shall
approve or disapprove such an assessment submitted by a State
within 60 days. A State may add contaminants, in accordance
with these criteria, without making an assessment, but in no
event shall such additions increase Federal expenditures
authorized by this section.
[(4) Public water systems conducting monitoring of
unregulated contaminants pursuant to this section shall
provide the results of such monitoring to the primary
enforcement authority.
[(5) Notification of the availability of the
results of the monitoring programs required under
paragraph (2), and notification of the availability of
the results of the monitoring program referred to in
paragraph (6), shall be given to the persons served by
the system and the Administrator.
[(6) The Administrator may waive the monitoring
requirement under paragraph (2) for a system which has
conducted a monitoring program after January 1, 1983,
if the Administrator determines the program to have
been consistent with the regulations promulgated under
this section.
[(7) Any system supplying less than 150 service
connections shall be treated as complying with this
subsection if such system provides water samples or the
opportunity for sampling according to rules established
by the Administrator.
[(8) There are authorized to be appropriated
$30,000,000 in the fiscal year ending September 30,
1987 to remain available until expended to carry out
the provisions of this subsection.]
(2) Monitoring program for unregulated
contaminants.--
(A) Establishment.--The Administrator shall
promulgate regulations establishing the
criteria for a monitoring program for
unregulated contaminants. The regulations shall
require monitoring of drinking water supplied
by public water systems and shall vary the
frequency and schedule for monitoring
requirements for systems based on the number of
persons served by the system, the source of
supply, and the contaminants likely to be
found, ensuring that only a representative
sample of systems serving 10,000 persons or
fewer are required to monitor.
(B) Monitoring program for certain
unregulated contaminants.--
(i) Initial list.--Not later than 3
years after the date of enactment of
the Safe Drinking Water Act Amendments
of 1996 and every 5 years thereafter,
the Administrator shall issue a list
pursuant to subparagraph (A) of not
more than 30 unregulated contaminants
to be monitored by public water systems
and to be included in the national
drinking water occurrence data base
maintained pursuant to subsection (g).
(ii) Governors' petition.--The
Administrator shall include among the
list of contaminants for which
monitoring is required under this
paragraph each contaminant recommended
in a petition signed by the Governor of
each of 7 or more States, unless the
Administrator determines that the
action would prevent the listing of
other contaminants of a higher public
health concern.
(C) Monitoring plan for small and medium
systems.--
(i) In general.--Based on the
regulations promulgated by the
Administrator, each State may develop a
representative monitoring plan to
assess the occurrence of unregulated
contaminants in public water systems
that serve a population of 10,000 or
fewer in that State. The plan shall
require monitoring for systems
representative of different sizes,
types, and geographic locations in the
State.
(ii) Grants for small system
costs.--From funds reserved under
section 1452(o) or appropriated under
subparagraph (H), the Administrator
shall pay the reasonable cost of such
testing and laboratory analysis as are
necessary to carry out monitoring under
the plan.
(D) Monitoring results.--Each public water
system that conducts monitoring of unregulated
contaminants pursuant to this paragraph shall
provide the results of the monitoring to the
primary enforcement authority for the system.
(E) Notification.--Notification of the
availability of the results of monitoring
programs required under paragraph (2)(A) shall
be given to the persons served by the system.
(F) Waiver of monitoring requirement.--The
Administrator shall waive the requirement for
monitoring for a contaminant under this
paragraph in a State, if the State demonstrates
that the criteria for listing the contaminant
do not apply in that State.
(G) Analytical methods.--The State may use
screening methods approved by the Administrator
under subsection (i) in lieu of monitoring for
particular contaminants under this paragraph.
(H) Authorization of appropriations.--There
are authorized to be appropriated to carry out
this paragraph $10,000,000 for each of the
fiscal years 1997 through 2003.
(b)(1) Except as provided in paragraph (2), the
Administrator, or representatives of the Administrator duly
designated by him, upon presenting appropriate credentials and
a written notice to any supplier of water or other person
subject to (A) a national primary drinking water regulation
prescribed under section 1412, (B) an applicable underground
injection control program, or (C) any requirement to monitor an
unregulated contaminant pursuant to subsection (a), or person
in charge of any of the property of such supplier or other
person referred to in clause (A), (B), or (C), is authorized to
enter any establishment, facility, or other property of such
supplier or other person in order to determine whether such
supplier or other person has acted or is acting in compliance
with this title, including for this purpose, inspection, at
reasonable times, of records, files, papers, processes,
controls, and facilities, or in order to test any feature of a
public water system, including its raw water source. The
Administrator or the Comptroller General (or any representative
designated by either) shall have access for the purpose of
audit and examination to any records, reports, or information
of a grantee which are required to be maintained under
subsection (a) or which are pertinent to any financial
assistance under this title.
(2) No entry may be made under the first sentence of
paragraph (1) in an establishment, facility, or other property
of a supplier of water or other person subject to a national
primary drinking water regulation if the establishment,
facility, or other property is located in a State which has
primary enforcement responsibility for public water systems
unless, before written notice of such entry is made, the
Administrator (or his representative) notifies the State agency
charged with responsibility for safe drinking water of the
reasons for such entry. The Administrator shall, upon a showing
by the State agency that such an entry will be detrimental to
the administration of the State's program of primary
enforcement responsibility, take such showing into
consideration in determining whether to make such entry. No
State agency which receives notice under this paragraph of an
entry proposed to be made under paragraph (1) may use the
information contained in the notice to inform the person whose
property is proposed to be entered of the proposed entry; and
if a State agency so uses such information, notice to the
agency under this paragraph is not required until such time as
the Administrator determines the agency has provided him
satisfactory assurances that it will no longer so use
information contained in a notice under this paragraph.
(c) Whoever fails or refuses to comply with any requirement
of subsection (a) or to allow the Administrator, the
Comptroller General, or representatives of either, to enter and
conduct any audit or inspection authorized by subsection (b)
shall be subject to a civil penalty of not to exceed $25,000.
(d)(1) Subject to paragraph (2), upon a showing
satisfactory to the Administrator by any person that any
information required under this section from such person, if
made public, would divulge trade secrets or secret processes of
such person, the Administrator shall consider such information
confidential in accordance with the purposes of section 1905 of
title 18 of the United States Code. If the applicant fails to
make a showing satisfactory to the Administrator, the
Administrator shall give such applicant thirty days' notice
before releasing the information to which the application
relates (unless the public health or safety requires an earlier
release of such information).
(2) Any information required under this section (A) may be
disclosed to other officers, employees, or authorized
representatives of the United States concerned with carrying
out this title or to committees of the Congress, or when
relevant in any proceeding under this title, and (B) shall be
disclosed to the extent it deals with the level of contaminants
in drinking water. For purposes of this subsection the term
``information required under this section'' means any papers,
books, documents, or information, or any particular part
thereof, reported to or otherwise obtained by the Administrator
under this section.
(e) For purposes of this section, (1) the term ``grantee''
means any person who applies for or receives financial
assistance, by grant, contract, or loan guarantee under this
title, and (2) the term ``person'' includes a Federal agency.
(f) Information Regarding Drinking Water Coolers.--The
Administrator may utilize the authorities of this section for
purposes of part F. Any person who manufactures, imports,
sells, or distributes drinking water coolers in interstate
commerce shall be treated as a supplier of water for purposes
of applying the provisions of this section in the case of
persons subject to part F.
(g) Occurrence Data Base.--
(1) In general.--Not later than 3 years after the
date of enactment of the Safe Drinking Water Act
Amendments of 1996, the Administrator shall assemble
and maintain a national drinking water contaminant
occurrence data base, using information on the
occurrence of both regulated and unregulated
contaminants in public water systems obtained under
subsection (a)(1)(A) or subsection (a)(2) and reliable
information from other public and private sources.
(2) Public input.--In establishing the occurrence
data base, the Administrator shall solicit
recommendations from the Science Advisory Board, the
States, and other interested parties concerning the
development and maintenance of a national drinking
water contaminant occurrence data base, including such
issues as the structure and design of the data base,
data input parameters and requirements, and the use and
interpretation of data.
(3) Use.--The data shall be used by the
Administrator in making determinations under section
1412(b)(1) with respect to the occurrence of a
contaminant in drinking water at a level of public
health concern.
(4) Public recommendations.--The Administrator
shall periodically solicit recommendations from the
appropriate officials of the National Academy of
Sciences and the States, and any person may submit
recommendations to the Administrator, with respect to
contaminants that should be included in the national
drinking water contaminant occurrence data base,
including recommendations with respect to additional
unregulated contaminants that should be listed under
subsection (a)(2). Any recommendation submitted under
this clause shall be accompanied by reasonable
documentation that--
(A) the contaminant occurs or is likely to
occur in drinking water; and
(B) the contaminant poses a risk to public
health.
(5) Public availability.--The information from the
data base shall be available to the public in readily
accessible form.
(6) Regulated contaminants.--With respect to each
contaminant for which a national primary drinking water
regulation has been established, the data base shall
include information on the detection of the contaminant
at a quantifiable level in public water systems
(including detection of the contaminant at levels not
constituting a violation of the maximum contaminant
level for the contaminant).
(7) Unregulated contaminants.--With respect to
contaminants for which a national primary drinking
water regulation has not been established, the data
base shall include--
(A) monitoring information collected by
public water systems that serve a population of
more than 10,000, as required by the
Administrator under subsection (a);
(B) monitoring information collected from a
representative sampling of public water systems
that serve a population of 10,000 or fewer; and
(C) other reliable and appropriate
monitoring information on the occurrence of the
contaminants in public water systems that is
available to the Administrator.
(h) Availability of Information on Small System
Technologies.--For purposes of sections 1412(b)(4)(E) and
1415(e) (relating to small system variance program), the
Administrator may request information on the characteristics of
commercially available treatment systems and technologies,
including the effectiveness and performance of the systems and
technologies under various operating conditions. The
Administrator may specify the form, content, and submission
date of information to be submitted by manufacturers, States,
and other interested persons for the purpose of considering the
systems and technologies in the development of regulations or
guidance under sections 1412(b)(4)(E) and 1415(e).
(i) Screening Methods.--The Administrator shall review new
analytical methods to screen for regulated contaminants and may
approve such methods as are more accurate or cost-effective
than established reference methods for use in compliance
monitoring.
[42 U.S.C. 300j-4]
national drinking water advisory council
Sec. 1446. (a) There is established a National Drinking
Water Advisory Council which shall consist of fifteen members
appointed by the Administrator after consultation with the
Secretary. Five members shall be appointed from the general
public; five members shall be appointed from appropriate State
and local agencies concerned with water hygiene and public
water supply; and five members shall be appointed from
representatives of private organizations or groups
demonstrating an active interest in the field of water hygiene
and public water supply, of which two such members shall be
associated with small, rural public water systems. Each member
of the Council shall hold office for a term of three years,
except that--
(1) any member appointed to fill a vacancy
occurring prior to the expiration of the term for which
his predecessor was appointed shall be appointed for
the remainder of such term; and
(2) the terms of the members first taking office
shall expire as follows: Five shall expire three years
after the date of enactment of this title, five shall
expire two years after such date, and five shall expire
one year after such date, as designated by the
Administrator at the time of appointment.
The members of the Council shall be eligible for reappointment.
(b) The Council shall advise, consult with, and make
recommendations to, the Administrator on matters relating to
activities, functions, and policies of the Agency under this
title.
(c) Members of the Council appointed under this section
shall, while attending meetings or conferences of the Council
or otherwise engaged in business of the Council, receive
compensation and allowances at a rate to be fixed by the
Administrator, but not exceeding the daily equivalent of the
annual rate of basic pay in effect for grade GS-18 of the
General Schedule for each day (including traveltime) during
which they are engaged in the actual performance of duties
vested in the Council. While away from their homes or regular
places of business in the performance of services for the
Council, members of the Council shall be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the
Government service are allowed expenses under section 5703(b)
of title 5 of the United States Code.
(d) Section 14(a) of the Federal Advisory Committee Act
(relating to termination) shall not apply to the Council.
[42 U.S.C. 300j-5]
federal agencies
Sec. 1447. [(a) Each Federal agency (1) having jurisdiction
over any federally owned or maintained public water system or
(2) engaged in any activity resulting, or which may result in,
underground injection which endangers drinking water (within
the meaning of section 1421(d)(2)) shall be subject to, and
comply with, all Federal, State, and local requirements,
administrative authorities, and process and sanctions
respecting the provision of safe drinking water and respecting
any underground injection program in the same manner, and to
the same extent, as any nongovernmental entity. The preceding
sentence shall apply (A) to any requirement whether substantive
or procedural (including any recordkeeping or reporting
requirement, any requirement respecting permits, and any other
requirement whatsoever), (B) to the exercise of any Federal,
State, or local administrative authority, and (C) to any
process or sanction, whether enforced in Federal, State, or
local courts or in any other manner. This subsection shall
apply, notwithstanding any immunity of such agencies, under any
law or rule of law. No officer, agent, or employee of the
United States shall be personally liable for any civil penalty
under this title with respect to any act or omission within the
scope of his official duties.
[(b) The Administrator shall waive compliance with
subsection (a) upon request of the Secretary of Defense and
upon a determination by the President that the requested waiver
is necessary in the interest of national security. The
Administrator shall maintain a written record of the basis upon
which such waiver was granted and make such record available
for in camera examination when relevant in a judicial
proceeding under this title. Upon the issuance of such a
waiver, the Administrator shall publish in the Federal Register
a notice that the waiver was granted for national security
purposes, unless, upon the request of the Secretary of Defense,
the Administrator determines to omit such publication because
the publication itself would be contrary to the interests of
national security, in which event the Administrator shall
submit notice to the Armed Services Committee of the Senate and
House of Representatives.]
(a) In General.--Each department, agency, and
instrumentality of the executive, legislative, and judicial
branches of the Federal Government--
(1) owning or operating any facility in a wellhead
protection area;
(2) engaged in any activity at such facility
resulting, or which may result, in the contamination of
water supplies in any such area;
(3) owning or operating any public water system; or
(4) engaged in any activity resulting, or which may
result in, underground injection which endangers
drinking water (within the meaning of section
1421(d)(2)),
shall be subject to, and comply with, all Federal, State,
interstate, and local requirements, both substantive and
procedural (including any requirement for permits or reporting
or any provisions for injunctive relief and such sanctions as
may be imposed by a court to enforce such relief), respecting
the protection of such wellhead areas, respecting such public
water systems, and respecting any underground injection in the
same manner and to the same extent as any person is subject to
such requirements, including the payment of reasonable service
charges. The Federal, State, interstate, and local substantive
and procedural requirements referred to in this subsection
include, but are not limited to, all administrative orders and
all civil and administrative penalties and fines, regardless of
whether such penalties or fines are punitive or coercive in
nature or are imposed for isolated, intermittent, or continuing
violations. The United States hereby expressly waives any
immunity otherwise applicable to the United States with respect
to any such substantive or procedural requirement (including,
but not limited to, any injunctive relief, administrative order
or civil or administrative penalty or fine referred to in the
preceding sentence, or reasonable service charge). The
reasonable service charges referred to in this subsection
include, but are not limited to, fees or charges assessed in
connection with the processing and issuance of permits, renewal
of permits, amendments to permits, review of plans, studies,
and other documents, and inspection and monitoring of
facilities, as well as any other nondiscriminatory charges that
are assessed in connection with a Federal, State, interstate,
or local regulatory program respecting the protection of
wellhead areas or public water systems or respecting any
underground injection. Neither the United States, nor any
agent, employee, or officer thereof, shall be immune or exempt
from any process or sanction of any State or Federal Court with
respect to the enforcement of any such injunctive relief. No
agent, employee, or officer of the United States shall be
personally liable for any civil penalty under any Federal,
State, interstate, or local law concerning the protection of
wellhead areas or public water systems or concerning
underground injection with respect to any act or omission
within the scope of the official duties of the agent, employee,
or officer. An agent, employee, or officer of the United States
shall be subject to any criminal sanction (including, but not
limited to, any fine or imprisonment) under any Federal or
State requirement adopted pursuant to this title, but no
department, agency, or instrumentality of the executive,
legislative, or judicial branch of the Federal Government shall
be subject to any such sanction. The President may exempt any
facility of any department, agency, or instrumentality in the
executive branch from compliance with such a requirement if he
determines it to be in the paramount interest of the United
States to do so. No such exemption shall be granted due to lack
of appropriation unless the President shall have specifically
requested such appropriation as a part of the budgetary process
and the Congress shall have failed to make available such
requested appropriation. Any exemption shall be for a period
not in excess of 1 year, but additional exemptions may be
granted for periods not to exceed 1 year upon the President's
making a new determination. The President shall report each
January to the Congress all exemptions from the requirements of
this section granted during the preceding calendar year,
together with his reason for granting each such exemption.
(b) Administrative Penalty Orders.--
(1) In general.--If the Administrator finds that a
Federal agency has violated an applicable requirement
under this title, the Administrator may issue a penalty
order assessing a penalty against the Federal agency.
(2) Penalties.--The Administrator may, after notice
to the agency, assess a civil penalty against the
agency in an amount not to exceed $25,000 per day per
violation.
(3) Procedure.--Before an administrative penalty
order issued under this subsection becomes final, the
Administrator shall provide the agency an opportunity
to confer with the Administrator and shall provide the
agency notice and an opportunity for a hearing on the
record in accordance with chapters 5 and 7 of title 5,
United States Code.
(4) Public review.--
(A) In general.--Any interested person may
obtain review of an administrative penalty
order issued under this subsection. The review
may be obtained in the United States District
Court for the District of Columbia or in the
United States District Court for the district
in which the violation is alleged to have
occurred by the filing of a complaint with the
court within the 30-day period beginning on the
date the penalty order becomes final. The
person filing the complaint shall
simultaneously send a copy of the complaint by
certified mail to the Administrator and the
Attorney General.
(B) Record.--The Administrator shall
promptly file in the court a certified copy of
the record on which the order was issued.
(C) Standard of review.--The court shall
not set aside or remand the order unless the
court finds that there is not substantial
evidence in the record, taken as a whole, to
support the finding of a violation or that the
assessment of the penalty by the Administrator
constitutes an abuse of discretion.
(D) Prohibition on additional penalties.--
The court may not impose an additional civil
penalty for a violation that is subject to the
order unless the court finds that the
assessment constitutes an abuse of discretion
by the Administrator.
(c) Limitation on State Use of Funds Collected From Federal
Government.--Unless a State law in effect on the date of
enactment of the Safe Drinking Water Act Amendments of 1996 or
a State constitution requires the funds to be used in a
different manner, all funds collected by a State from the
Federal Government from penalties and fines imposed for
violation of any substantive or procedural requirement referred
to in subsection (a) shall be used by the State only for
projects designed to improve or protect the environment or to
defray the costs of environmental protection or enforcement.
[(c)] (d)(1) Nothing in the Safe Drinking Water Amendments
of 1977 shall be construed to alter or affect the status of
American Indian lands or water rights nor to waive any
sovereignty over Indian lands guaranteed by treaty or statute.
(2) For the purposes of this Act, the term ``Federal
agency'' shall not be construed to refer to or include any
American Indian tribe, nor to the Secretary of the Interior in
his capacity as trustee of Indian lands.
(e) Washington Aqueduct.--The Secretary of the Army shall
not pass the cost of any penalty assessed under this title on
to any customer, user, or other purchaser of drinking water
from the Washington Aqueduct system, including finished water
from the Dalecarlia or McMillan treatment plant.
[42 U.S.C. 300j-6]
judicial review
Sec. 1448. (a) A petition for review of--
(1) actions pertaining to the establishment of
national primary drinking water regulations (including
maximum contaminant level goals) may be filed only in
the United States Court of Appeals for the District of
Columbia circuit; and
(2) any other final action of the Administrator
under this Act may be filed in the circuit in which the
petitioner resides or transacts business which is
directly affected by the action.
Any such petition shall be filed within the 45-day period
beginning on the date of the promulgation of the regulation [or
issuance of the order] or any other final Agency action with
respect to which review is sought or on the date of the
determination with respect to which review is sought, and may
be filed after the expiration of such 45-day period if the
petition is based solely on grounds arising after the
expiration of such period. Action of the Administrator with
respect to which review could have been obtained under this
subsection shall not be subject to judicial review in any civil
or criminal proceeding for enforcement or in any civil action
to enjoin enforcement. In any petition concerning the
assessment of a civil penalty pursuant to section
1414(g)(3)(B), the petitioner shall simultaneously send a copy
of the complaint by certified mail to the Administrator and the
Attorney General. The court shall set aside and remand the
penalty order if the court finds that there is not substantial
evidence in the record to support the finding of a violation or
that the assessment of the penalty by the Administrator
constitutes an abuse of discretion.
(b) The United States district courts shall have
jurisdiction of actions brought to review (1) the granting of,
or the refusing to grant, a variance or exemption under section
1415 or 1416 or (2) the requirements of any schedule prescribed
for a variance or exemption under such section or the failure
to prescribe such a schedule. Such an action may only be
brought upon a petition for review filed with the court within
the 45-day period beginning on the date the action sought to be
reviewed is taken or, in the case of a petition to review the
refusal to grant a variance or exemption or the failure to
prescribe a schedule, within the 45-day period beginning on the
date action is required to be taken on the variance, exemption,
or schedule, as the case may be. A petition for such review may
be filed after the expiration of such period if the petition is
based solely on grounds arising after the expiration of such
period. Action with respect to which review could have been
obtained under this subsection shall not be subject to judicial
review in any civil or criminal proceeding for enforcement or
in any civil action to enjoin enforcement.
(c) In any judicial proceeding in which review is sought of
a determination under this title required to be made on the
record after notice and opportunity for hearing, if any party
applies to the court for leave to adduce additional evidence
and shows to the satisfaction of the court that such additional
evidence is material and that there were reasonable grounds for
the failure to adduce such evidence in the proceeding before
the Administrator, the court may order such additional evidence
(and evidence in rebuttal thereof) to be taken before the
Administrator, in such manner and upon such terms and
conditions as the court may deem proper. The Administrator may
modify his findings as to the facts, or make new findings, by
reason of the additional evidence so taken, and he shall file
such modified or new findings, and his recommendation, if any,
for the modification or setting aside of his original
determination, with the return of such additional evidence.
[42 U.S.C. 300j-7]
citizen's civil action
Sec. 1449. (a) Except as provided in subsection (b) of this
section, any person may commence a civil action on his own
behalf--
(1) against any person (including (A) the United
States, and (B) any other governmental instrumentality
or agency to the extent permitted by the eleventh
amendment to the Constitution) who is alleged to be in
violation of any requirement prescribed by or under
this title[, or];
(2) against the Administrator where there is
alleged a failure of the Administrator to perform any
act or duty under this title which is not discretionary
with the Administrator[.]; or
(3) for the collection of a penalty by the United
States Government (and associated costs and interest)
against any Federal agency that fails, by the date that
is 18 months after the effective date of a final order
to pay a penalty assessed by the Administrator under
section 1429(b), to pay the penalty.
No action may be brought under paragraph (1) against a public
water system for a violation of a requirement prescribed by or
under this title which occurred within the 27-month period
beginning on the first day of the month in which this title is
enacted. The United States district courts shall have
jurisdiction, without regard to the amount in controversy or
the citizenship of the parties, to enforce in an action brought
under this subsection any requirement prescribed by or under
this title or to order the Administrator to perform an act, or
duty described in paragraph (2), as the case may be.
(b) No civil action may be commenced--
(1) under subsection (a)(1) of this section
respecting violation of a requirement prescribed by or
under this title--
(A) prior to sixty days after the plaintiff
has given notice of such violation (i) to the
Administrator, (ii) to any alleged violator of
such requirement and (iii) to the State in
which the violation occurs, or
(B) if the Administrator, the Attorney
General, or the State has commenced and is
diligently prosecuting a civil action in a
court of the United States to require
compliance with such requirement, but in any
such action in a court of the United States any
person may intervene as a matter of right; or
(2) under subsection (a)(2) of this section prior
to sixty days after the plaintiff has given notice of
such action to the Administrator[.]; or
(3) under subsection (a)(3) prior to 60 days after
the plaintiff has given notice of such action to the
Attorney General and to the Federal agency.
Notice required by this subsection shall be given in such
manner as the Administrator shall prescribe by regulation. No
person may commence a civil action under subsection (a) to
require a State to prescribe a schedule under section 1415 or
1416 for a variance or exemption, unless such person shows to
the satisfaction of the court that the State has in a
substantial number of cases failed to prescribe such schedules.
(c) In any action under this section, the Administrator or
the Attorney General, if not a party, may intervene as a matter
of right.
(d) The court, in issuing any final order in any action
brought under subsection (a) of this section, may award costs
of litigation (including reasonable attorney and expert witness
fees) to any party whenever the court determines such an award
is appropriate. The court may, if a temporary restraining order
or preliminary injunction is sought, require the filing of a
bond or equivalent security in accordance with the Federal
Rules of Civil Procedure.
(e) Nothing in this section shall restrict any right which
any person (or class of persons) may have under any statute or
common law to seek enforcement of any requirement prescribed by
or under this title or to seek any other relief. Nothing in
this section or in any other law of the United States shall be
construed to prohibit, exclude, or restrict any State or local
government from--
(1) bringing any action or obtaining any remedy or
sanction in any State or local court, or
(2) bringing any administrative action or obtaining
any administrative remedy or sanction,
against any agency of the United States under State or local
law to enforce any requirement respecting the provision of safe
drinking water or respecting any underground injection control
program. Nothing in this section shall be construed to
authorize judicial review of regulations or orders of the
Administrator under this title, except as provided in section
1448. For provisions providing for application of certain
requirements to such agencies in the same manner as to
nongovernmental entities, see section 1447.
[42 U.S.C. 300j-8]
general provisions
Sec. 1450. (a)(1) The Administrator is authorized to
prescribe such regulations as are necessary or appropriate to
carry out his functions under this title.
(2) The Administrator may delegate any of his functions
under this title (other than prescribing regulations) to any
officer or employee of the Agency.
(b) The Administrator, with the consent of the head of any
other agency of the United States, may utilize such officers
and employees of such agency as he deems necessary to assist
him in carrying out the purposes of this title.
(c) Upon the request of a State or interstate agency, the
Administrator may assign personnel of the Agency to such State
or interstate agency for the purposes of carrying out the
provisions of this title.
(d)(1) The Administrator may make payments of grants under
this title (after necessary adjustment on account of previously
made underpayments or overpayments) in advance or by way of
reimbursement, and in such installments and on such conditions
as he may determine.
(2) Financial assistance may be made available in the form
of grants only to individuals and nonprofit agencies or
institutions. For purposes of this paragraph, the term
``nonprofit agency or institution'' means an agency or
institution no part of the net earnings of which inure, or may
lawfully inure, to the benefit of any private shareholder or
individual.
(e) The Administrator shall take such action as may be
necessary to assure compliance with provisions of the Act of
March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a-
276a(5)). The Secretary of Labor shall have, with respect to
the labor standards specified in this subsection, the authority
and functions set forth in Reorganization Plan Numbered 14 of
1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of
June 13, 1934 (40 U.S.C. 276c).
(f) The Administrator shall request the Attorney General to
appear and represent him in any civil action instituted under
this title to which the Administrator is a party. Unless,
within a reasonable time, the Attorney General notifies the
Administrator that he will appear in such action, attorneys
appointed by the Administrator shall appear and represent him.
(g) The provisions of this title shall not be construed as
affecting any authority of the Administrator under part G of
title III of this Act.
(h) Not later than April 1 of each year, the Administrator
shall submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report respecting
the activities of the Agency under this title and containing
such recommendations for legislation as he considers necessary.
The report of the Administrator under this subsection which is
due not later than April 1, 1975, and each subsequent report of
the Administrator under this subsection shall include a
statement on the actual and anticipated cost to public water
systems in each State of compliance with the requirements of
this title. The Office of Management and Budget may review any
report required by this subsection before its submission to
such committees of Congress, but the Office may not revise any
such report, require any revision in any such report, or delay
its submission beyond the day prescribed for its submission,
and may submit to such committees of Congress its comments
respecting any such report.
(i)(1) No employer may discharge any employee or otherwise
discriminate against any employee with respect to his
compensation, terms, conditions, or privileges of employment
because the employee (or any person acting pursuant to a
request of the employee) has--
(A) commenced, caused to be commenced, or is about
to commence or cause to be commenced a proceeding under
this title or a proceeding for the administration or
enforcement of drinking water regulations or
underground injection control programs of a State,
(B) testified or is about to testify in any such
proceeding, or
(C) assisted or participated or is about to assist
or participate in any manner in such a proceeding or in
any other action to carry out the purposes of this
title.
(2)(A) Any employee who believes that he has been
discharged or otherwise discriminated against by any person in
violation of paragraph (1) may, within 30 days after such
violation occurs, file (or have any person file on his behalf)
a complaint with the Secretary of Labor (hereinafter in this
subsection referred to as the ``Secretary'') alleging such
discharge or discrimination. Upon receipt of such a complaint,
the Secretary shall notify the person named in the complaint of
the filing of the complaint.
(B)(i) Upon receipt of a complaint filed under subparagraph
(A), the Secretary shall conduct an investigation of the
violation alleged in the complaint. Within 30 days of the
receipt of such complaint, the Secretary shall complete such
investigation and shall notify in writing the complainant (and
any person acting in his behalf) and the person alleged to have
committed such violation of the results of the investigation
conducted pursuant to this subparagraph. Within 90 days of the
receipt of such complaint the Secretary shall, unless the
proceeding on the complaint is terminated by the Secretary on
the basis of a settlement entered into by the Secretary and the
person alleged to have committed such violation, issue an order
either providing the relief prescribed by clause (ii) or
denying the complaint. An order of the Secretary shall be made
on the record after notice and opportunity for agency hearing.
The Secretary may not enter into a settlement terminating a
proceeding on a complaint without the participation and consent
of the complainant.
(ii) If in response to a complaint filed under subparagraph
(A) the Secretary determines that a violation of paragraph (1)
has occurred, the Secretary shall order (I) the person who
committed such violation to take affirmative action to abate
the violation, (II) such person to reinstate the complainant to
his former position together with the compensation (including
back pay), terms, conditions, and privileges of his employment,
(III) compensatory damages, and (IV) where appropriate,
exemplary damages. If such an order is issued, the Secretary,
at the request of the complainant, shall assess against the
person against whom the order is issued a sum equal to the
aggregate amount of all costs and expenses (including
attorneys' fees) reasonably incurred, as determined by the
Secretary, by the complainant for, or in connection with, the
bringing of the complaint upon which the order was issued.
(3)(A) Any person adversely affected or aggrieved by an
order issued under paragraph (2) may obtain review of the order
in the United States Court of Appeals for the circuit in which
the violation, with respect to which the order was issued,
allegedly occurred. The petition for review must be filed
within sixty days from the issuance of the Secretary's order.
Review shall conform to chapter 7 of title 5 of the United
States Code. The commencement of proceedings under this
subparagraph shall not, unless ordered by the court, operate as
a stay of the Secretary's order.
(B) An order of the Secretary with respect to which review
could have been obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or other civil
proceeding.
(4) Whenever a person has failed to comply with an order
issued under paragraph (2)(B), the Secretary shall file a civil
action in the United States District Court for the district in
which the violation was found to occur to enforce such order.
In actions brought under this paragraph, the district courts
shall have jurisdiction to grant all appropriate relief
including, but not limited to, injunctive relief, compensatory,
and exemplary damages.
(5) Any nondiscretionary duty imposed by this section is
enforceable in mandamus proceeding brought under section 1361
of title 28 of the United States Code.
(6) Paragraph (1) shall not apply with respect to any
employee who, acting without direction from his employer (or
the employer's agent), deliberately causes a violation of any
requirement of this title.
[42 U.S.C. 300j-9]
[Sec. 1451. indian tribes]
indian tribes
Sec. 1451. (a) In General.--Subject to the provisions of
subsection (b), the Administrator--
(1) is authorized to treat Indian Tribes as States
under this title,
(2) may delegate to such Tribes primary enforcement
responsibility for public water systems and for
underground injection control, and
(3) may provide such Tribes grant and contract
assistance to carry out functions provided by this
title.
(b) EPA Regulations.--
(1) Specific provisions.--The Administrator shall,
within 18 months after the enactment of the Safe
Drinking Water Act Amendments of 1986, promulgate final
regulations specifying those provisions of this title
for which it is appropriate to treat Indian Tribes as
States. Such treatment shall be authorized only if:
(A) the Indian Tribes is recognized by the
Secretary of the Interior and has a governing
body carrying out substantial governmental
duties and powers;
(B) the functions to be exercised by the
Indian Tribe are within the area of the Tribal
Government's jurisdiction; and
(C) the Indian Tribe is reasonably expected
to be capable, in the Administrator's judgment,
of carrying out the functions to be exercised
in a manner consistent with the terms and
purposes of this title and of all applicable
regulations.
(2) Provisions where treatment as state
inappropriate.--For any provision of this title where
treatment of Indian Tribes as identical to States is
inappropriate, administratively infeasible or otherwise
inconsistent with the purposes of this title, the
Administrator may include in the regulations
promulgated under this section, other means for
administering such provision in a manner that will
achieve the purpose of the provision. Nothing in this
section shall be construed to allow Indian Tribes to
assume or maintain primary enforcement responsibility
for public water systems or for underground injection
control in a manner less protective of the health of
persons than such responsibility may be assumed or
maintained by a State. An Indian tribe shall not be
required to exercise criminal enforcement jurisdiction
for purposes of complying with the preceding sentence.
[42 U.S.C. 300j-11]
STATE REVOLVING LOAN FUNDS
Sec. 1452. (a) General Authority.--
(1) Grants to states to establish state loan
funds.--
(A) In general.--The Administrator shall
offer to enter into agreements with eligible
States to make capitalization grants, including
letters of credit, to the States under this
subsection to further the health protection
objectives of this title, promote the efficient
use of fund resources, and for other purposes
as are specified in this title.
(B) Establishment of fund.--To be eligible
to receive a capitalization grant under this
section, a State shall establish a drinking
water treatment revolving loan fund (referred
to in this section as a ``State loan fund'')
and comply with the other requirements of this
section. Each grant to a State under this
section shall be deposited in the State loan
fund established by the State, except as
otherwise provided in this section and in other
provisions of this title. No funds authorized
by other provisions of this title to be used
for other purposes specified in this title
shall be deposited in any State loan fund.
(C) Extended period.--The grant to a State
shall be available to the State for obligation
during the fiscal year for which the funds are
authorized and during the following fiscal
year, except that grants made available from
funds provided prior to fiscal year 1997 shall
be available for obligation during each of the
fiscal years 1997 and 1998.
(D) Allotment formula.--Except as otherwise
provided in this section, funds made available
to carry out this section shall be allotted to
States that have entered into an agreement
pursuant to this section (other than the
District of Columbia) in accordance with--
(i) for each of fiscal years 1995
through 1997, a formula that is the
same as the formula used to distribute
public water system supervision grant
funds under section 1443 in fiscal year
1995, except that the minimum
proportionate share established in the
formula shall be 1 percent of available
funds and the formula shall be adjusted
to include a minimum proportionate
share for the State of Wyoming and the
District of Columbia; and
(ii) for fiscal year 1998 and each
subsequent fiscal year, a formula that
allocates to each State the
proportional share of the State needs
identified in the most recent survey
conducted pursuant to subsection (h),
except that the minimum proportionate
share provided to each State shall be
the same as the minimum proportionate
share provided under clause (i).
(E) Reallotment.--The grants not obligated
by the last day of the period for which the
grants are available shall be reallotted
according to the appropriate criteria set forth
in subparagraph (D), except that the
Administrator may reserve and allocate 10
percent of the remaining amount for financial
assistance to Indian Tribes in addition to the
amount allotted under subsection (i) and none
of the funds reallotted by the Administrator
shall be reallotted to any State that has not
obligated all sums allotted to the State
pursuant to this section during the period in
which the sums were available for obligation.
(F) Nonprimacy states.--The State allotment
for a State not exercising primary enforcement
responsibility for public water systems shall
not be deposited in any such fund but shall be
allotted by the Administrator under this
subparagraph. Pursuant to section 1443(a)(9)(A)
such sums allotted under this subparagraph
shall be reserved as needed by the
Administrator to exercise primary enforcement
responsibility under this title in such State
and the remainder shall be reallotted to States
exercising primary enforcement responsibility
for public water systems for deposit in such
funds. Whenever the Administrator makes a final
determination pursuant to section 1413(b) that
the requirements of section 1413(a) are no
longer being met by a State, additional grants
for such State under this title shall be
immediately terminated by the Administrator.
This subparagraph shall not apply to any State
not exercising primary enforcement
responsibility for public water systems as of
the date of enactment of the Safe Drinking
Water Act Amendments of 1996.
(G) Other programs.--
(i) New system capacity.--Beginning
in fiscal year 1999, the Administrator
shall withhold 20 percent of each
capitalization grant made pursuant to
this section to a State unless the
State has met the requirements of
section 1420(a) (relating to capacity
development) and shall withhold 10
percent for fiscal year 2001, 15
percent for fiscal year 2002, and 20
percent for fiscal year 2003 if the
State has not complied with the
provisions of section 1420(c) (relating
to capacity development strategies).
Not more than a total of 20 percent of
the capitalization grants made to a
State in any fiscal year may be
withheld under the preceding provisions
of this clause. All funds withheld by
the Administrator pursuant to this
clause shall be reallotted by the
Administrator on the basis of the same
ratio as is applicable to funds
allotted under subparagraph (D). None
of the funds reallotted by the
Administrator pursuant to this
paragraph shall be allotted to a State
unless the State has met the
requirements of section 1420 (relating
to capacity development).
(ii) Operator certification.--The
Administrator shall withhold 20 percent
of each capitalization grant made
pursuant to this section unless the
State has met the requirements of 1419
(relating to operator certification).
All funds withheld by the Administrator
pursuant to this clause shall be
reallotted by the Administrator on the
basis of the same ratio as applicable
to funds allotted under subparagraph
(D). None of the funds reallotted by
the Administrator pursuant to this
paragraph shall be allotted to a State
unless the State has met the
requirements of section 1419 (relating
to operator certification).
(2) Use of funds.--Except as otherwise authorized
by this title, amounts deposited in a State loan fund,
including loan repayments and interest earned on such
amounts, shall be used only for providing loans or loan
guarantees, or as a source of reserve and security for
leveraged loans, the proceeds of which are deposited in
a State loan fund established under paragraph (1), or
other financial assistance authorized under this
section to community water systems and nonprofit
noncommunity water systems, other than systems owned by
Federal agencies. Financial assistance under this
section may be used by a public water system only for
expenditures (not including monitoring, operation, and
maintenance expenditures) of a type or category which
the Administrator has determined, through guidance,
will facilitate compliance with national primary
drinking water regulations applicable to the system
under section 1412 or otherwise significantly further
the health protection objectives of this title. The
funds may also be used to provide loans to a system
referred to in section 1401(4)(B) for the purpose of
providing the treatment described in section
1401(4)(B)(i)(III). The funds shall not be used for the
acquisition of real property or interests therein,
unless the acquisition is integral to a project
authorized by this paragraph and the purchase is from a
willing seller. Of the amount credited to any State
loan fund established under this section in any fiscal
year, 15 percent shall be available solely for
providing loan assistance to public water systems which
regularly serve fewer than 10,000 persons to the extent
such funds can be obligated for eligible projects of
public water systems.
(3) Limitation.--
(A) In general.--Except as provided in
subparagraph (B), no assistance under this
section shall be provided to a public water
system that--
(i) does not have the technical,
managerial, and financial capability to
ensure compliance with the requirements
of this title; or
(ii) is in significant
noncompliance with any requirement of a
national primary drinking water
regulation or variance.
(B) Restructuring.--A public water system
described in subparagraph (A) may receive
assistance under this section if--
(i) the use of the assistance will
ensure compliance; and
(ii) if subparagraph (A)(i) applies
to the system, the owner or operator of
the system agrees to undertake feasible
and appropriate changes in operations
(including ownership, management,
accounting, rates, maintenance,
consolidation, alternative water
supply, or other procedures) if the
State determines that the measures are
necessary to ensure that the system has
the technical, managerial, and
financial capability to comply with the
requirements of this title over the
long term.
(C) Review.--Prior to providing assistance
under this section to a public water system
that is in significant noncompliance with any
requirement of a national primary drinking
water regulation or variance, the State shall
conduct a review to determine whether
subparagraph (A)(i) applies to the system.
(b) Intended Use Plans.--
(1) In general.--After providing for public review
and comment, each State that has entered into a
capitalization agreement pursuant to this section shall
annually prepare a plan that identifies the intended
uses of the amounts available to the State loan fund of
the State.
(2) Contents.--An intended use plan shall include--
(A) a list of the projects to be assisted
in the first fiscal year that begins after the
date of the plan, including a description of
the project, the expected terms of financial
assistance, and the size of the community
served;
(B) the criteria and methods established
for the distribution of funds; and
(C) a description of the financial status
of the State loan fund and the short-term and
long-term goals of the State loan fund.
(3) Use of funds.--
(A) In general.--An intended use plan shall
provide, to the maximum extent practicable,
that priority for the use of funds be given to
projects that--
(i) address the most serious risk
to human health;
(ii) are necessary to ensure
compliance with the requirements of
this title (including requirements for
filtration); and
(iii) assist systems most in need
on a per household basis according to
State affordability criteria.
(B) List of projects.--Each State shall,
after notice and opportunity for public
comment, publish and periodically update a list
of projects in the State that are eligible for
assistance under this section, including the
priority assigned to each project and, to the
extent known, the expected funding schedule for
each project.
(c) Fund Management.--Each State loan fund under this
section shall be established, maintained, and credited with
repayments and interest. The fund corpus shall be available in
perpetuity for providing financial assistance under this
section. To the extent amounts in the fund are not required for
current obligation or expenditure, such amounts shall be
invested in interest bearing obligations.
(d) Assistance for Disadvantaged Communities.--
(1) Loan subsidy.--Notwithstanding any other
provision of this section, in any case in which the
State makes a loan pursuant to subsection (a)(2) to a
disadvantaged community or to a community that the
State expects to become a disadvantaged community as
the result of a proposed project, the State may provide
additional subsidization (including forgiveness of
principal).
(2) Total amount of subsidies.--For each fiscal
year, the total amount of loan subsidies made by a
State pursuant to paragraph (1) may not exceed 30
percent of the amount of the capitalization grant
received by the State for the year.
(3) Definition of disadvantaged community.--In this
subsection, the term ``disadvantaged community'' means
the service area of a public water system that meets
affordability criteria established after public review
and comment by the State in which the public water
system is located. The Administrator may publish
information to assist States in establishing
affordability criteria.
(e) State Contribution.--Each agreement under subsection
(a) shall require that the State deposit in the State loan fund
from State moneys an amount equal to at least 20 percent of the
total amount of the grant to be made to the State on or before
the date on which the grant payment is made to the State,
except that a State shall not be required to deposit such
amount into the fund prior to the date on which each grant
payment is made for fiscal years 1994, 1995, 1996, and 1997 if
the State deposits the State contribution amount into the State
loan fund prior to September 30, 1999.
(f) Types of Assistance.--Except as otherwise limited by
State law, the amounts deposited into a State loan fund under
this section may be used only--
(1) to make loans, on the condition that--
(A) the interest rate for each loan is less
than or equal to the market interest rate,
including an interest free loan;
(B) principal and interest payments on each
loan will commence not later than 1 year after
completion of the project for which the loan
was made, and each loan will be fully amortized
not later than 20 years after the completion of
the project, except that in the case of a
disadvantaged community (as defined in
subsection (d)(3)), a State may provide an
extended term for a loan, if the extended
term--
(i) terminates not later than the
date that is 30 years after the date of
project completion; and
(ii) does not exceed the expected
design life of the project;
(C) the recipient of each loan will
establish a dedicated source of revenue (or, in
the case of a privately owned system,
demonstrate that there is adequate security)
for the repayment of the loan; and
(D) the State loan fund will be credited
with all payments of principal and interest on
each loan;
(2) to buy or refinance the debt obligation of a
municipality or an intermunicipal or interstate agency
within the State at an interest rate that is less than
or equal to the market interest rate in any case in
which a debt obligation is incurred after July 1, 1993;
(3) to guarantee, or purchase insurance for, a
local obligation (all of the proceeds of which finance
a project eligible for assistance under this section)
if the guarantee or purchase would improve credit
market access or reduce the interest rate applicable to
the obligation;
(4) as a source of revenue or security for the
payment of principal and interest on revenue or general
obligation bonds issued by the State if the proceeds of
the sale of the bonds will be deposited into the State
loan fund; and
(5) to earn interest on the amounts deposited into
the State loan fund.
(g) Administration of State Loan Funds.--
(1) Combined financial administration.--
Notwithstanding subsection (c), a State may (as a
convenience and to avoid unnecessary administrative
costs) combine, in accordance with State law, the
financial administration of a State loan fund
established under this section with the financial
administration of any other revolving fund established
by the State if otherwise not prohibited by the law
under which the State loan fund was established and if
the Administrator determines that--
(A) the grants under this section, together
with loan repayments and interest, will be
separately accounted for and used solely for
the purposes specified in subsection (a); and
(B) the authority to establish assistance
priorities and carry out oversight and related
activities (other than financial
administration) with respect to assistance
remains with the State agency having primary
responsibility for administration of the State
program under section 1413, after consultation
with other appropriate State agencies (as
determined by the State): Provided, That in
nonprimacy States eligible to receive
assistance under this section, the Governor
shall determine which State agency will have
authority to establish priorities for financial
assistance from the State loan fund.
(2) Cost of administering fund.--Each State may
annually use up to 4 percent of the funds allotted to
the State under this section to cover the reasonable
costs of administration of the programs under this
section, including the recovery of reasonable costs
expended to establish a State loan fund which are
incurred after the date of enactment of this section,
and to provide technical assistance to public water
systems within the State. For fiscal year 1995 and each
fiscal year thereafter, each State may use up to an
additional 10 percent of the funds allotted to the
State under this section--
(A) for public water system supervision
programs under section 1443(a);
(B) to administer or provide technical
assistance through source water protection
programs;
(C) to develop and implement a capacity
development strategy under section 1420(c); and
(D) for an operator certification program
for purposes of meeting the requirements of
section 1419,
if the State matches the expenditures with at least an
equal amount of State funds. At least half of the match
must be additional to the amount expended by the State
for public water supervision in fiscal year 1993. An
additional 2 percent of the funds annually allotted to
each State under this section may be used by the State
to provide technical assistance to public water systems
serving 10,000 or fewer persons in the State. Funds
utilized under subparagraph (B) shall not be used for
enforcement actions.
(3) Guidance and regulations.--The Administrator
shall publish guidance and promulgate regulations as
may be necessary to carry out the provisions of this
section, including--
(A) provisions to ensure that each State
commits and expends funds allotted to the State
under this section as efficiently as possible
in accordance with this title and applicable
State laws;
(B) guidance to prevent waste, fraud, and
abuse; and
(C) guidance to avoid the use of funds made
available under this section to finance the
expansion of any public water system in
anticipation of future population growth.
The guidance and regulations shall also ensure that the
States, and public water systems receiving assistance
under this section, use accounting, audit, and fiscal
procedures that conform to generally accepted
accounting standards.
(4) State report.--Each State administering a loan
fund and assistance program under this subsection shall
publish and submit to the Administrator a report every
2 years on its activities under this section, including
the findings of the most recent audit of the fund and
the entire State allotment. The Administrator shall
periodically audit all State loan funds established by,
and all other amounts allotted to, the States pursuant
to this section in accordance with procedures
established by the Comptroller General.
(h) Needs Survey.--The Administrator shall conduct an
assessment of water system capital improvement needs of all
eligible public water systems in the United States and submit a
report to the Congress containing the results of the assessment
within 180 days after the date of enactment of the Safe
Drinking Water Act Amendments of 1996 and every 4 years
thereafter.
(i) Indian Tribes.--
(1) In general.--1\1/2\ percent of the amounts
appropriated annually to carry out this section may be
used by the Administrator to make grants to Indian
Tribes and Alaska Native villages that have not
otherwise received either grants from the Administrator
under this section or assistance from State loan funds
established under this section. The grants may only be
used for expenditures by tribes and villages for public
water system expenditures referred to in subsection
(a)(2).
(2) Use of funds.--Funds reserved pursuant to
paragraph (1) shall be used to address the most
significant threats to public health associated with
public water systems that serve Indian Tribes, as
determined by the Administrator in consultation with
the Director of the Indian Health Service and Indian
Tribes.
(3) Alaska native villages.--In the case of a grant
for a project under this subsection in an Alaska Native
village, the Administrator is also authorized to make
grants to the State of Alaska for the benefit of Native
villages. An amount not to exceed 4 percent of the
grant amount may be used by the State of Alaska for
project management.
(4) Needs assessment.--The Administrator, in
consultation with the Director of the Indian Health
Service and Indian Tribes, shall, in accordance with a
schedule that is consistent with the needs surveys
conducted pursuant to subsection (h), prepare surveys
and assess the needs of drinking water treatment
facilities to serve Indian Tribes, including an
evaluation of the public water systems that pose the
most significant threats to public health.
(j) Other Areas.--Of the funds annually available under
this section for grants to States, the Administrator shall make
allotments in accordance with section 1443(a)(4) for the Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
American Samoa, and Guam. The grants allotted as provided in
this subsection may be provided by the Administrator to the
governments of such areas, to public water systems in such
areas, or to both, to be used for the public water system
expenditures referred to in subsection (a)(2). The grants, and
grants for the District of Columbia, shall not be deposited in
State loan funds. The total allotment of grants under this
section for all areas described in this subsection in any
fiscal year shall not exceed 0.33 percent of the aggregate
amount made available to carry out this section in that fiscal
year.
(k) Other Authorized Activities.--
(1) In general.--Notwithstanding subsection (a)(2),
a State may take each of the following actions:
(A) Provide assistance, only in the form of
a loan, to one or more of the following:
(i) Any public water system
described in subsection (a)(2) to
acquire land or a conservation easement
from a willing seller or grantor, if
the purpose of the acquisition is to
protect the source water of the system
from contamination and to ensure
compliance with national primary
drinking water regulations.
(ii) Any community water system to
implement local, voluntary source water
protection measures to protect source
water in areas delineated pursuant to
section 1453, in order to facilitate
compliance with national primary
drinking water regulations applicable
to the system under section 1412 or
otherwise significantly further the
health protection objectives of this
title. Funds authorized under this
clause may be used to fund only
voluntary, incentive-based mechanisms.
(iii) Any community water system to
provide funding in accordance with
section 1454(a)(1)(B)(i).
(B) Provide assistance, including technical
and financial assistance, to any public water
system as part of a capacity development
strategy developed and implemented in
accordance with section 1420(c).
(C) Make expenditures from the
capitalization grant of the State for fiscal
years 1996 and 1997 to delineate and assess
source water protection areas in accordance
with section 1453, except that funds set aside
for such expenditure shall be obligated within
4 fiscal years.
(D) Make expenditures from the fund for the
establishment and implementation of wellhead
protection programs under section 1428.
(2) Limitation.--For each fiscal year, the total
amount of assistance provided and expenditures made by
a State under this subsection may not exceed 15 percent
of the amount of the capitalization grant received by
the State for that year and may not exceed 10 percent
of that amount for any one of the following activities:
(A) To acquire land or conservation
easements pursuant to paragraph (1)(A)(i).
(B) To provide funding to implement
voluntary, incentive-based source water quality
protection measures pursuant to clauses (ii)
and (iii) of paragraph (1)(A).
(C) To provide assistance through a
capacity development strategy pursuant to
paragraph (1)(B).
(D) To make expenditures to delineate or
assess source water protection areas pursuant
to paragraph (1)(C).
(E) To make expenditures to establish and
implement wellhead protection programs pursuant
to paragraph (1)(D).
(3) Statutory construction.--Nothing in this
section creates or conveys any new authority to a
State, political subdivision of a State, or community
water system for any new regulatory measure, or limits
any authority of a State, political subdivision of a
State or community water system.
(l) Savings.--The failure or inability of any public water
system to receive funds under this section or any other loan or
grant program, or any delay in obtaining the funds, shall not
alter the obligation of the system to comply in a timely manner
with all applicable drinking water standards and requirements
of this title.
(m) Authorization of Appropriations.--There are authorized
to be appropriated to carry out the purposes of this section
$599,000,000 for the fiscal year 1994 and $1,000,000,000 for
each of the fiscal years 1995 through 2003. To the extent
amounts authorized to be appropriated under this subsection in
any fiscal year are not appropriated in that fiscal year, such
amounts are authorized to be appropriated in a subsequent
fiscal year (prior to the fiscal year 2004). Such sums shall
remain available until expended.
(n) Health Effects Studies.--From funds appropriated
pursuant to this section for each fiscal year, the
Administrator shall reserve $10,000,000 for health effects
studies on drinking water contaminants authorized by the Safe
Drinking Water Act Amendments of 1996. In allocating funds made
available under this subsection, the Administrator shall give
priority to studies concerning the health effects of
cryptosporidium (as authorized by section 1458(c)),
disinfection byproducts (as authorized by section 1458(c)), and
arsenic (as authorized by section 1412(b)(12)(A)), and the
implementation of a plan for studies of subpopulations at
greater risk of adverse effects (as authorized by section
1458(a)).
(o) Monitoring for Unregulated Contaminants.--From funds
appropriated pursuant to this section for each fiscal year
beginning with fiscal year 1998, the Administrator shall
reserve $2,000,000 to pay the costs of monitoring for
unregulated contaminants under section 1445(a)(2)(C).
(p) Demonstration Project for State of Virginia.--
Notwithstanding the other provisions of this section limiting
the use of funds deposited in a State loan fund from any State
allotment, the State of Virginia may, as a single demonstration
and with the approval of the Virginia General Assembly and the
Administrator, conduct a program to demonstrate alternative
approaches to intergovernmental coordination to assist in the
financing of new drinking water facilities in the following
rural communities in southwestern Virginia where none exists on
the date of enactment of the Safe Drinking Water Act Amendments
of 1996 and where such communities are experiencing economic
hardship: Lee County, Wise County, Scott County, Dickenson
County, Russell County, Buchanan County, Tazewell County, and
the city of Norton, Virginia. The funds allotted to that State
and deposited in the State loan fund may be loaned to a
regional endowment fund for the purpose set forth in this
subsection under a plan to be approved by the Administrator.
The plan may include an advisory group that includes
representatives of such counties.
(q) Small System Technical Assistance.--The Administrator
may reserve up to 2 percent of the total funds appropriated
pursuant to subsection (m) for each of the fiscal years 1997
through 2003 to carry out the provisions of section 1442(e)
(relating to technical assistance for small systems), except
that the total amount of funds made available for such purpose
in any fiscal year through appropriations (as authorized by
section 1442(e)) and reservations made pursuant to this
subsection shall not exceed the amount authorized by section
1442(e).
(r) Evaluation.--The Administrator shall conduct an
evaluation of the effectiveness of the State loan funds through
fiscal year 2001. The evaluation shall be submitted to the
Congress at the same time as the President submits to the
Congress, pursuant to section 1108 of title 31, United States
Code, an appropriations request for fiscal year 2003 relating
to the budget of the Environmental Protection Agency.
[42 U.S.C. 300j-12]
SOURCE WATER QUALITY ASSESSMENT
Sec. 1453. (a) Source Water Assessment.--
(1) Guidance.--Within 12 months after the date of
enactment of the Safe Drinking Water Act Amendments of
1996, after notice and comment, the Administrator shall
publish guidance for States exercising primary
enforcement responsibility for public water systems to
carry out directly or through delegation (for the
protection and benefit of public water systems and for
the support of monitoring flexibility) a source water
assessment program within the State's boundaries. Each
State adopting modifications to monitoring requirements
pursuant to section 1418(b) shall, prior to adopting
such modifications, have an approved source water
assessment program under this section and shall carry
out the program either directly or through delegation.
(2) Program requirements.--A source water
assessment program under this subsection shall--
(A) delineate the boundaries of the
assessment areas in such State from which one
or more public water systems in the State
receive supplies of drinking water, using all
reasonably available hydrogeologic information
on the sources of the supply of drinking water
in the State and the water flow, recharge, and
discharge and any other reliable information as
the State deems necessary to adequately
determine such areas; and
(B) identify for contaminants regulated
under this title for which monitoring is
required under this title (or any unregulated
contaminants selected by the State, in its
discretion, which the State, for the purposes
of this subsection, has determined may present
a threat to public health), to the extent
practical, the origins within each delineated
area of such contaminants to determine the
susceptibility of the public water systems in
the delineated area to such contaminants.
(3) Approval, implementation, and monitoring
relief.--A State source water assessment program under
this subsection shall be submitted to the Administrator
within 18 months after the Administrator's guidance is
issued under this subsection and shall be deemed
approved 9 months after the date of such submittal
unless the Administrator disapproves the program as
provided in section 1428(c). States shall begin
implementation of the program immediately after its
approval. The Administrator's approval of a State
program under this subsection shall include a
timetable, established in consultation with the State,
allowing not more than 2 years for completion after
approval of the program. Public water systems seeking
monitoring relief in addition to the interim relief
provided under section 1418(a) shall be eligible for
monitoring relief, consistent with section 1418(b),
upon completion of the assessment in the delineated
source water assessment area or areas concerned.
(4) Timetable.--The timetable referred to in
paragraph (3) shall take into consideration the
availability to the State of funds under section 1452
(relating to State loan funds) for assessments and
other relevant factors. The Administrator may extend
any timetable included in a State program approved
under paragraph (3) to extend the period for completion
by an additional 18 months.
(5) Demonstration project.--The Administrator
shall, as soon as practicable, conduct a demonstration
project, in consultation with other Federal agencies,
to demonstrate the most effective and protective means
of assessing and protecting source waters serving large
metropolitan areas and located on Federal lands.
(6) Use of other programs.--To avoid duplication
and to encourage efficiency, the program under this
section may make use of any of the following:
(A) Vulnerability assessments, sanitary
surveys, and monitoring programs.
(B) Delineations or assessments of ground
water sources under a State wellhead protection
program developed pursuant to this section.
(C) Delineations or assessments of surface
or ground water sources under a State pesticide
management plan developed pursuant to the
Pesticide and Ground Water State Management
Plan Regulation (subparts I and J of part 152
of title 40, Code of Federal Regulations),
promulgated under section 3(d) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136a(d)).
(D) Delineations or assessments of surface
water sources under a State watershed
initiative or to satisfy the watershed
criterion for determining if filtration is
required under the Surface Water Treatment Rule
(section 141.70 of title 40, Code of Federal
Regulations).
(E) Delineations or assessments of surface
or ground water sources under programs or plans
pursuant to the Federal Water Pollution Control
Act.
(7) Public availability.--The State shall make the
results of the source water assessments conducted under
this subsection available to the public.
(b) Approval and Disapproval.--For provisions relating to
program approval and disapproval, see section 1428(c).
[42 U.S.C. 300j-13]
SOURCE WATER PETITION PROGRAM
Sec. 1454. (a) Petition Program.--
(1) In general.--
(A) Establishment.--A State may establish a
program under which an owner or operator of a
community water system in the State, or a
municipal or local government or political
subdivision of a State, may submit a source
water quality protection partnership petition
to the State requesting that the State assist
in the local development of a voluntary,
incentive-based partnership, among the owner,
operator, or government and other persons
likely to be affected by the recommendations of
the partnership, to--
(i) reduce the presence in drinking
water of contaminants that may be
addressed by a petition by considering
the origins of the contaminants,
including to the maximum extent
practicable the specific activities
that affect the drinking water supply
of a community;
(ii) obtain financial or technical
assistance necessary to facilitate
establishment of a partnership, or to
develop and implement recommendations
of a partnership for the protection of
source water to assist in the provision
of drinking water that complies with
national primary drinking water
regulations with respect to
contaminants addressed by a petition;
and
(iii) develop recommendations
regarding voluntary and incentive-based
strategies for the long-term protection
of the source water of community water
systems.
(B) Funding.--Each State may--
(i) use funds set aside pursuant to
section 1452(k)(1)(A)(iii) by the State
to carry out a program described in
subparagraph (A), including assistance
to voluntary local partnerships for the
development and implementation of
partnership recommendations for the
protection of source water such as
source water quality assessment,
contingency plans, and demonstration
projects for partners within a source
water area delineated under section
1453(a); and
(ii) provide assistance in response
to a petition submitted under this
subsection using funds referred to in
subsection (b)(2)(B).
(2) Objectives.--The objectives of a petition
submitted under this subsection shall be to--
(A) facilitate the local development of
voluntary, incentive-based partnerships among
owners and operators of community water
systems, governments, and other persons in
source water areas; and
(B) obtain assistance from the State in
identifying resources which are available to
implement the recommendations of the
partnerships to address the origins of drinking
water contaminants that may be addressed by a
petition (including to the maximum extent
practicable the specific activities
contributing to the presence of the
contaminants) that affect the drinking water
supply of a community.
(3) Contaminants addressed by a petition.--A
petition submitted to a State under this subsection may
address only those contaminants--
(A) that are pathogenic organisms for which
a national primary drinking water regulation
has been established or is required under
section 1412; or
(B) for which a national primary drinking
water regulation has been promulgated or
proposed and that are detected by adequate
monitoring methods in the source water at the
intake structure or in any collection,
treatment, storage, or distribution facilities
by the community water systems at levels--
(i) above the maximum contaminant
level; or
(ii) that are not reliably and
consistently below the maximum
contaminant level.
(4) Contents.--A petition submitted under this
subsection shall, at a minimum--
(A) include a delineation of the source
water area in the State that is the subject of
the petition;
(B) identify, to the maximum extent
practicable, the origins of the drinking water
contaminants that may be addressed by a
petition (including to the maximum extent
practicable the specific activities
contributing to the presence of the
contaminants) in the source water area
delineated under section 1453;
(C) identify any deficiencies in
information that will impair the development of
recommendations by the voluntary local
partnership to address drinking water
contaminants that may be addressed by a
petition;
(D) specify the efforts made to establish
the voluntary local partnership and obtain the
participation of--
(i) the municipal or local
government or other political
subdivision of the State with
jurisdiction over the source water area
delineated under section 1453; and
(ii) each person in the source
water area delineated under section
1453--
(I) who is likely to be
affected by recommendations of
the voluntary local
partnership; and
(II) whose participation is
essential to the success of the
partnership;
(E) outline how the voluntary local
partnership has or will, during development and
implementation of recommendations of the
voluntary local partnership, identify,
recognize and take into account any voluntary
or other activities already being undertaken by
persons in the source water area delineated
under section 1453 under Federal or State law
to reduce the likelihood that contaminants will
occur in drinking water at levels of public
health concern; and
(F) specify the technical, financial, or
other assistance that the voluntary local
partnership requests of the State to develop
the partnership or to implement recommendations
of the partnership.
(b) Approval or Disapproval of Petitions.--
(1) In general.--After providing notice and an
opportunity for public comment on a petition submitted
under subsection (a), the State shall approve or
disapprove the petition, in whole or in part, not later
than 120 days after the date of submission of the
petition.
(2) Approval.--The State may approve a petition if
the petition meets the requirements established under
subsection (a). The notice of approval shall, at a
minimum, include for informational purposes--
(A) an identification of technical,
financial, or other assistance that the State
will provide to assist in addressing the
drinking water contaminants that may be
addressed by a petition based on--
(i) the relative priority of the
public health concern identified in the
petition with respect to the other
water quality needs identified by the
State;
(ii) any necessary coordination
that the State will perform of the
program established under this section
with programs implemented or planned by
other States under this section; and
(iii) funds available (including
funds available from a State revolving
loan fund established under title VI of
the Federal Water Pollution Control Act
(33 U.S.C. 1381 et seq.)) or section
1452;
(B) a description of technical or financial
assistance pursuant to Federal and State
programs that is available to assist in
implementing recommendations of the partnership
in the petition, including--
(i) any program established under
the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(ii) the program established under
section 6217 of the Coastal Zone Act
Reauthorization Amendments of 1990 (16
U.S.C. 1455b);
(iii) the agricultural water
quality protection program established
under chapter 2 of subtitle D of title
XII of the Food Security Act of 1985
(16 U.S.C. 3838 et seq.);
(iv) the sole source aquifer
protection program established under
section 1427;
(v) the community wellhead
protection program established under
section 1428;
(vi) any pesticide or ground water
management plan;
(vii) any voluntary agricultural
resource management plan or voluntary
whole farm or whole ranch management
plan developed and implemented under a
process established by the Secretary of
Agriculture; and
(viii) any abandoned well closure
program; and
(C) a description of activities that will
be undertaken to coordinate Federal and State
programs to respond to the petition.
(3) Disapproval.--If the State disapproves a
petition submitted under subsection (a), the State
shall notify the entity submitting the petition in
writing of the reasons for disapproval. A petition may
be resubmitted at any time if--
(A) new information becomes available;
(B) conditions affecting the source water
that is the subject of the petition change; or
(C) modifications are made in the type of
assistance being requested.
(c) Grants to Support State Programs.--
(1) In general.--The Administrator may make a grant
to each State that establishes a program under this
section that is approved under paragraph (2). The
amount of each grant shall not exceed 50 percent of the
cost of administering the program for the year in which
the grant is available.
(2) Approval.--In order to receive grant assistance
under this subsection, a State shall submit to the
Administrator for approval a plan for a source water
quality protection partnership program that is
consistent with the guidance published under subsection
(d). The Administrator shall approve the plan if the
plan is consistent with the guidance published under
subsection (d).
(d) Guidance.--
(1) In general.--Not later than 1 year after the
date of enactment of this section, the Administrator,
in consultation with the States, shall publish guidance
to assist--
(A) States in the development of a source
water quality protection partnership program;
and
(B) municipal or local governments or
political subdivisions of a State and community
water systems in the development of source
water quality protection partnerships and in
the assessment of source water quality.
(2) Contents of the guidance.--The guidance shall,
at a minimum--
(A) recommend procedures for the approval
or disapproval by a State of a petition
submitted under subsection (a);
(B) recommend procedures for the submission
of petitions developed under subsection (a);
(C) recommend criteria for the assessment
of source water areas within a State; and
(D) describe technical or financial
assistance pursuant to Federal and State
programs that is available to address the
contamination of sources of drinking water and
to develop and respond to petitions submitted
under subsection (a).
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $5,000,000 for
each of the fiscal years 1997 through 2003. Each State with a
plan for a program approved under subsection (b) shall receive
an equitable portion of the funds available for any fiscal
year.
(f) Statutory Construction.--Nothing in this section--
(1)(A) creates or conveys new authority to a State,
political subdivision of a State, or community water
system for any new regulatory measure; or
(B) limits any authority of a State, political
subdivision, or community water system; or
(2) precludes a community water system, municipal
or local government, or political subdivision of a
government from locally developing and carrying out a
voluntary, incentive-based, source water quality
protection partnership to address the origins of
drinking water contaminants of public health concern.
[42 U.S.C. 300j-14]
WATER CONSERVATION PLAN
Sec. 1455. (a) Guidelines.--Not later than 2 years after
the date of enactment of the Safe Drinking Water Act Amendments
of 1996, the Administrator shall publish in the Federal
Register guidelines for water conservation plans for public
water systems serving fewer than 3,300 persons, public water
systems serving between 3,300 and 10,000 persons, and public
water systems serving more than 10,000 persons, taking into
consideration such factors as water availability and climate.
(b) Loans or Grants.--Within 1 year after publication of
the guidelines under subsection (a), a State exercising primary
enforcement responsibility for public water systems may require
a public water system, as a condition of receiving a loan or
grant from a State loan fund under section 1452, to submit with
its application for such loan or grant a water conservation
plan consistent with such guidelines.
[42 U.S.C. 300j-15]
ASSISTANCE TO COLONIAS
Sec. 1456. (a) Definitions.--As used in this section:
(1) Border state.--The term ``border State'' means
Arizona, California, New Mexico, and Texas.
(2) Eligible community.--The term ``eligible
community'' means a low-income community with economic
hardship that--
(A) is commonly referred to as a colonia;
(B) is located along the United States-
Mexico border (generally in an unincorporated
area); and
(C) lacks a safe drinking water supply or
adequate facilities for the provision of safe
drinking water for human consumption.
(b) Grants To Alleviate Health Risks.--The Administrator of
the Environmental Protection Agency and the heads of other
appropriate Federal agencies are authorized to award grants to
a border State to provide assistance to eligible communities to
facilitate compliance with national primary drinking water
regulations or otherwise significantly further the health
protection objectives of this title.
(c) Use of Funds.--Each grant awarded pursuant to
subsection (b) shall be used to provide assistance to one or
more eligible communities with respect to which the residents
are subject to a significant health risk (as determined by the
Administrator or the head of the Federal agency making the
grant) attributable to the lack of access to an adequate and
affordable drinking water supply system.
(d) Cost Sharing.--The amount of a grant awarded pursuant
to this section shall not exceed 50 percent of the costs of
carrying out the project that is the subject of the grant.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $25,000,000 for
each of the fiscal years 1997 through 1999.
[42 U.S.C. 300j-16]
ESTROGENIC SUBSTANCES SCREENING PROGRAM
Sec. 1457. In addition to the substances referred to in
section 408(p)(3)(B) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 346a(p)(3)(B)) the Administrator may provide for
testing under the screening program authorized by section
408(p) of such Act, in accordance with the provisions of
section 408(p) of such Act, of any other substance that may be
found in sources of drinking water if the Administrator
determines that a substantial population may be exposed to such
substance.
[42 U.S.C. 300j-17]
drinking water studies
Sec. 1458. (a) Subpopulations at Greater Risk.--
(1) In general.--The Administrator shall conduct a
continuing program of studies to identify groups within
the general population that may be at greater risk than
the general population of adverse health effects from
exposure to contaminants in drinking water. The study
shall examine whether and to what degree infants,
children, pregnant women, the elderly, individuals with
a history of serious illness, or other subpopulations
that can be identified and characterized are likely to
experience elevated health risks, including risks of
cancer, from contaminants in drinking water.
(2) Report.--Not later than 4 years after the date
of enactment of this subsection and periodically
thereafter as new and significant information becomes
available, the Administrator shall report to the
Congress on the results of the studies.
(b) Biological Mechanisms.--The Administrator shall conduct
biomedical studies to--
(1) understand the mechanisms by which chemical
contaminants are absorbed, distributed, metabolized,
and eliminated from the human body, so as to develop
more accurate physiologically based models of the
phenomena;
(2) understand the effects of contaminants and the
mechanisms by which the contaminants cause adverse
effects (especially noncancer and infectious effects)
and the variations in the effects among humans,
especially subpopulations at greater risk of adverse
effects, and between test animals and humans; and
(3) develop new approaches to the study of complex
mixtures, such as mixtures found in drinking water,
especially to determine the prospects for synergistic
or antagonistic interactions that may affect the shape
of the dose-response relationship of the individual
chemicals and microbes, and to examine noncancer
endpoints and infectious diseases, and susceptible
individuals and subpopulations.
(c) Studies on Harmful Substances in Drinking Water.--
(1) Development of studies.--The Administrator
shall, not later than 180 days after the date of
enactment of this section and after consultation with
the Secretary of Health and Human Services, the
Secretary of Agriculture, and, as appropriate, the
heads of other Federal agencies, conduct the studies
described in paragraph (2) to support the development
and implementation of the most current version of each
of the following:
(A) Enhanced Surface Water Treatment Rule
(59 Fed. Reg. 38832 (July 29, 1994)).
(B) Disinfectant and Disinfection
Byproducts Rule (59 Fed. Reg. 38668 (July 29,
1994)).
(C) Ground Water Disinfection Rule
(availability of draft summary announced at (57
Fed. Reg. 33960; July 31, 1992)).
(2) Contents of studies.--The studies required by
paragraph (1) shall include, at a minimum, each of the
following:
(A) Toxicological studies and, if
warranted, epidemiological studies to determine
what levels of exposure from disinfectants and
disinfection byproducts, if any, may be
associated with developmental and birth defects
and other potential toxic end points.
(B) Toxicological studies and, if
warranted, epidemiological studies to quantify
the carcinogenic potential from exposure to
disinfection byproducts resulting from
different disinfectants.
(C) The development of dose-response curves
for pathogens, including cryptosporidium and
the Norwalk virus.
(3) Authorization of appropriations.--There are
authorized to be appropriated to carry out this
subsection $12,500,000 for each of fiscal years 1997
through 2003.
(d) Waterborne Disease Occurrence Study.--
(1) System.--The Director of the Centers for
Disease Control and Prevention, and the Administrator
shall jointly--
(A) within 2 years after the date of
enactment of this section, conduct pilot
waterborne disease occurrence studies for at
least 5 major United States communities or
public water systems; and
(B) within 5 years after the date of
enactment of this section, prepare a report on
the findings of the pilot studies, and a
national estimate of waterborne disease
occurrence.
(2) Training and education.--The Director and
Administrator shall jointly establish a national health
care provider training and public education campaign to
inform both the professional health care provider
community and the general public about waterborne
disease and the symptoms that may be caused by
infectious agents, including microbial contaminants. In
developing such a campaign, they shall seek comment
from interested groups and individuals, including
scientists, physicians, State and local governments,
environmental groups, public water systems, and
vulnerable populations.
(3) Funding.--There are authorized to be
appropriated for each of the fiscal years 1997 through
2001, $3,000,000 to carry out this subsection. To the
extent funds under this subsection are not fully
appropriated, the Administrator may use not more than
$2,000,000 of the funds from amounts reserved under
section 1452(n) for health effects studies for purposes
of this subsection. The Administrator may transfer a
portion of such funds to the Centers for Disease
Control and Prevention for such purposes.
[42 U.S.C. 300j-18]
Part F--Additional Requirements To Regulate the Safety of Drinking
Water \1\
[sec. 1461. definitions]
definitions
Sec. 1461. As used in this part--
---------------------------------------------------------------------------
\1\ Part F was added by the Lead Contamination Control Act of 1988
(P.L. 100-572; 102 Stat. 2884).
---------------------------------------------------------------------------
(1) Drinking water cooler.--The term ``drinking
water cooler'' means any mechanical device affixed to
drinking water supply plumbing which actively cools
water for human consumption.
(2) Lead free.--The term ``lead free'' means, with
respect to a drinking water cooler, that each part or
component of the cooler which may come in contact with
drinking water contains not more than 8 percent lead,
except that no drinking water cooler which contains any
solder, flux, or storage tank interior surface which
may come in contact with drinking water shall be
considered lead free if the solder, flux, or storage
tank interior surface contains more than 0.2 percent
lead. The Administrator may establish more stringent
requirements for treating any part or component of a
drinking water cooler as lead free for purposes of this
part whenever he determines that any such part may
constitute an important source of lead in drinking
water.
(3) Local educational agency.--The term ``local
educational agency'' means--
(A) any local educational agency as defined
in section 14101 of the Elementary and
Secondary Education Act of 1965,
(B) the owner of any private, nonprofit
elementary or secondary school building, and
(C) the governing authority of any school
operating under the defense dependent's
education system provided for under the Defense
Dependent's Education Act of 1978 (20 U.S.C.
921 and following).
(4) Repair.--The term ``repair'' means, with
respect to a drinking water cooler, to take such
corrective action as is necessary to ensure that water
cooler is lead free.
(5) Replacement.--The term ``replacement'', when
used with respect to a drinking water cooler, means the
permanent removal of the water cooler and the
installation of a lead free water cooler.
(6) School.--The term ``school'' means any
elementary school or secondary school as defined in
section 14101 of the Elementary and Secondary Education
Act of 1965 and any kindergarten or day care facility.
(7) Lead-lined tank.--The term ``lead-lined tank''
means a water reservoir container in a drinking water
cooler which container is constructed of lead or which
has an interior surface which is not leadfree.
[42 U.S.C. 300j-21]
[sec. 1462. recall of drinking water coolers with lead-lined tanks]
recall of drinking water coolers with lead-lined tanks
Sec. 1462. For purposes of the Consumer Product Safety Act,
all drinking water coolers identified by the Administrator on
the list under section 1463 as having a lead-lined tank shall
be considered to be imminently hazardous consumer products
within the meaning of section 12 of such Act (15 U.S.C. 2061).
After notice and opportunity for comment, including a public
hearing, the Consumer Product Safety Commission shall issue an
order requiring the manufacturers and importers of such coolers
to repair, replace, or recall and provide a refund for such
coolers within 1 year after the enactment of the Lead
Contamination Control Act of 1988. For purposes of enforcement,
such order shall be treated as an order under section 15(d) of
that Act (15 U.S.C. 2064(d)).
[42 U.S.C. 300j-22]
[sec. 1463. drinking water coolers containing lead]
drinking water coolers containing lead
Sec. 1463. (a) Publication of Lists.--The Administrator
shall, after notice and opportunity for public comment,
identify each brand and model of drinking water cooler which is
not lead free, including each brand and model of drinking water
cooler which has a lead-lined tank. For purposes of identifying
the brand and model of drinking water coolers under this
subsection, the Administrator shall use the best information
available to the Environmental Protection Agency. Within 100
days after the enactment of this section, the Administrator
shall publish a list of each brand and model of drinking water
cooler identified under this subsection. Such list shall
separately identify each brand and model of cooler which has a
lead-lined tank. The Administrator shall continue to gather
information regarding lead in drinking water coolers and shall
revise and republish the list from time to time as may be
appropriate as new information or analysis becomes available
regarding lead contamination in drinking water coolers.
(b) Prohibition.--No person may sell in interstate
commerce, or manufacture for sale in interstate commerce, any
drinking water cooler listed under subsection (a) or any other
drinking water cooler which is not lead free, including a lead-
lined drinking water cooler.
(c) Criminal Penalty.--Any person who knowingly violates
the prohibition contained in subsection (b) shall be imprisoned
for not more than 5 years, or fined in accordance with title 18
of the United States Code, or both.
(d) Civil Penalty.--The Administrator may bring a civil
action in the appropriate United States District Court (as
determined under the provisions of title 28 of the United
States Code) to impose a civil penalty on any person who
violates subsection (b). In any such action the court may
impose on such person a civil penalty of not more than $5,000
($50,000 in the case of a second or subsequent violation).
[42 U.S.C. 300j-23]
[sec. 1464. lead contamination in school drinking water]
lead contamination in school drinking water
Sec. 1464. (a) Distribution of Drinking Water Cooler
List.--Within 100 days after the enactment of this section, the
Administrator shall distribute to the States a list of each
brand and model of drinking water cooler identified and listed
by the Administrator under section 1463(a).
(b) Guidance Document and Testing Protocol.--The
Administrator shall publish a guidance document and a testing
protocol to assist schools in determining the source and degree
of lead contamination in school drinking water supplies and in
remedying such contamination. The guidance document shall
include guidelines for sample preservation. The guidance
document shall also include guidance to assist States, schools,
and the general public in ascertaining the levels of lead
contamination in drinking water coolers and in taking
appropriate action to reduce or eliminate such contamination.
The guidance document shall contain a testing protocol for the
identification of drinking water coolers which contribute to
lead contamination in drinking water. Such document and
protocol may be revised, republished and redistributed as the
Administrator deems necessary. The Administrator shall
distribute the guidance document and testing protocol to the
States within 100 days after the enactment of this section.
(c) Dissemination to Schools, Etc.--Each State shall
provide for the dissemination to local educational agencies,
private nonprofit elementary or secondary schools and to day
care centers of the guidance document and testing protocol
published under subsection (b), together with the list of
drinking water coolers published under section 1463(a).
(d) Remedial Action Program.--
(1) Testing and remedying lead contamination.--
Within 9 months after the enactment of this section,
each State shall establish a program, consistent with
this section, to assist local educational agencies in
testing for, and remedying, lead contamination in
drinking water from coolers and from other sources of
lead contamination at schools under the jurisdiction of
such agencies.
(2) Public availability.--A copy of the results of
any testing under paragraph (1) shall be available in
the administrative offices of the local educational
agency for inspection by the public, including
teachers, other school personnel, and parents. The
local educational agency shall notify parent, teacher,
and employee organizations of the availability of such
testing results.
(3) Coolers.--In the case of drinking water
coolers, such program shall include measures for the
reduction or elimination of lead contamination from
those water coolers which are not lead free and which
are located in schools. Such measures shall be adequate
to ensure that within 15 months after the enactment of
this subsection all such water coolers in schools under
the jurisdiction of such agencies are repaired,
replaced, permanently removed, or rendered inoperable
unless the cooler is tested and found (within the
limits of testing accuracy) not to contribute lead to
drinking water.
[42 U.S.C. 300j-24]
[sec. 1465. federal assistance for state programs regarding lead
contamination in school drinking water]
federal assistance for state programs regarding lead contamination in
school drinking water
Sec. 1465. (a) School Drinking Water Programs.--The
Administrator shall make grants to States to establish and
carry out State programs under section 1464 to assist local
educational agencies in testing for, and remedying, lead
contamination in drinking water from drinking water coolers and
from other sources of lead contamination at schools under the
jurisdiction of such agencies. Such grants may be used by
States to reimburse local educational agencies for expenses
incurred after the enactment of this section for such testing
and remedial action.
(b) Limits.--Each grant under this section shall be used by
the State for testing water coolers in accordance with section
1464, for testing for lead contamination in other drinking
water supplies under section 1464, or for remedial action under
State programs under section 1464. Not more than 5 percent of
the grant may be used for program administration.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section not more than
$30,000,000 for fiscal year 1989, $30,000,000 for fiscal year
1990, and $30,000,000 for fiscal year 1991.
[42 U.S.C. 300j-25]
-