<pubnumber>
570B91042
</pubnumber>
<title>Safe Drinking Water Act as Amended by the Safe Drinking Water Act Amendments of 1986</title>
<pages>35</pages>
<pubyear>1991</pubyear>
<provider>NEPIS</provider>
<access>online</access>
<origin>hardcopy</origin>
<author></author>
<publisher></publisher>
<subject></subject>
<abstract></abstract>
<operator>jsw</operator>
<scandate>20090114</scandate>
<type>single page tiff</type>
<keyword></keyword>
United States
Environmental Protection Office of Water EPA 570/B-91-042
Agency (WH-550) June 1991
&EPA SAFE DRINKING WATER ACT
AS AMENDED BY THE SAFE
DRINKING WATER ACT
AMENDMENTS OF 1986
image:
Mtii Coivreu 1 COMMITTEE PRINT ( 8l P*r
2d Session COMMITTEE PRINT J
THE SAFE DRINKING WATER ACT
AS AMENDED BY
THE SAFE DRINKING WATER ACT
AMENDMENTS OF 1986
(PUBLIC LAW 99-339, JUNE 19, 1986)
DECEMBER 1986
Printed for the use of the Senate Committee
on Environment and Public Works
VM. OOVKKNMKNT FMNTINO OFTICI
(2-4X6 O WASHINGTON : 1S8S
For Mte by UM Supnintmdtnt of Docunxnth Cooii mional S*l« OfRc*
VS. Gannaant Printing Offia, WHhinftan, DC 20402
image:
COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
ROBERT T STAFFORD. Vermont. Chairman
JOHN II rilAKKE. Khodr Island
AI.AN K SIMI-SON, Wyoming
.IAMKS ABONOK. South Dakota
STF.VE SYMMS. Idaho
CONDON ,1 HUMPHREY, New Hampshire
I'F/IKV DOMENICI. New Mexico
IIAVK IMiKKNBKRGKR. Minnrsota
L1XJYD BENTSEN, Tenas
QUENTIN N BURDICK. North Dakota
GARY HART, Colorado
DANIEL PATRICK MOYN1HAN. New York
GEORGE J MITCHELL. Maine
MAX BAUCUS, Montana
FRANK R LAUTENHERG. New Jersey
HAIIJTV GUARD, Staff Director
LES O FULLM, Minority Staff Dtrrctor
CONTENTS
Section
1 Short title
2 Public wuter systems
TITLK XIV -SAKETY or PUBLIC WATER SYSTEMS
ft'
Section
1401
PART A—DEFINITIONS
Definitions
PART B -PUBLIC WATER SYSTEMS
Section
111 I — Coverage
1412 National drinking water regulations
14 lit State primary enforcement responsibility
1411 Enforcement of drinking water regulations
14 lf>—Variances
I4l(i - Exemptions
1417—Prohibition on use of lead pipes, solder, and Dux
3
3
10
II
15
19
22
PART C —PROTECTION OP UNDERGROUND SOURCES OP DRINKING WATER
Section
1421
1422-
142',!-
1424
II2S
I12(i
1427
142H-
Section:
14M1
I4H2
Regulations for State programs
Stole primary enforcement responsibility
Enforcement of program
Interim regulation of underground injections
Optional demonstration by States relating to oil or natural gas
Regulation of State programs
Sole source aquifer demonstration program
-State programs to establish wellhead protection areas
PART D—EMERGENCY POWERS
Kmergency powers
Tampering with public water systems
PART E—GENERAL PROVISIONS
Section:
1441 Assurance of availability of adequate supplies of chemicals neces-
sary for treatment of water
1442— Research, technical assistance, information, and training of person-
nel
1443—(I rants for State programs
1444—Special study and demonstration project grants, guranteed loans
1445—Records and inspections
1448—National drinking water advisory council
1447—Federal agencies
1448— Judicial review
1449—Citizen's civil action
1450—General provisions
/<5/—Indian tribes
Sections of Public I.HW ilil-HHi) which do not amend the Safe Drinking Water
Act
23
26
27
31
32
33
34
38
41
41
42
44
48
51
52
54
55
56
57
58
61
62
image:
NOTE
Amendments made by Public Law 99-339 are shown as follows
Language to be omitted is struck through; new language is print-
ed in italic; language in which there is no change is printed in
roman.
SHORT TITLE
SECTION 1. This Act may be cited as the "Safe Drinking; W«tef
"Safe Drinking Water Act Amendments of 1986".
PUBLIC WATER SYSTEMS
SEC. 2. (a) The Public Health Service Act is amended by inserting
after title XIII the following new title:
TITLE XIV—SAFETY OF PUBLIC WATER SYSTEMS '
PART A—DEFINITIONS
DEFINITIONS
SEC. 1401. For purposes of this title:
(1) The term 'primary drinking water regulation" means a
regulation which—
(A) applies to publi< 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 judg-
ment 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 tech-
nique known to the Administrator which leads to a re-
duction 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 quality control
' Include! the Safe Drinking Water Act 142 U.S.C. 300f et M» I PL 93 523, Dec 16. 1974. the
Safe Drinking Water Amendment* of 1977. PL 95-190. Nov lA, 1977. the Safe Drinking Wafer
Act Amendments of 1979, PL 96-63, Sept 6. 1979. the Safe Drinking Water Act Amendmenia
of 1980. PL 96 502, Dec 5, 1980, and the Safe Drinking Water Act Amendments of 19H6. l> 1.
99 339. June 19, 1986
image:
and testing procedures to insure compliance with such
lovels and to insure proper operation and maintenance of
the system, and requirements as to (i) the minimum qual-
ity of water which may be taken into the system and (ii)
siting for new facilities for public water systems.
(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 judg-
ment 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 ap-
pearance of such water and consequently may cause a substan-
tial 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 max-
imum permissible level of a contaminant in water which is de-
livered to any user of a public water system.
(4) The term "public water system' means a system for the
provision to the public of piped water for human consumption,
if such system has at least fifteen service connections or regu-
larly serves at least twenty-five individuals. Such term in-
cludes (A) 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) any collec-
tion or pretreatment storage facilities not under such control
which are used primarily in connection with such 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.
(!)) 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 J*dt»w
nrgani«fttinn autheriasd by fa* Indian tribe.
(11) The term "Federal agency" means any department,
agency, or instrumentality of th» United States.
(12) The term "person" means an individual, corporation,
company, association, partnership, State, municipality, or Fed-
eral agency (and includes officers, employees, and agents of
any corporation, company, association, State, municipality, or
Federal agency).
(13) The term "State" includes, in addition to the several
States, only the District of Columbia, Guam, the Common-
wealth of Puerto Rico, the Northern Mariana Islands, the
Virgin Islands, American Samoa, and the Trust Territory of
the Pacific Islands.
(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.
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 inter-
state commerce.
NATIONAL DRINKING WATER REGULATIONS
g^m^^MMMi Jj^uLinM *MM*AAM MMulAi*AitA •nilun Qfl ^&aua ^ii^hM iJut ^*^t Aa* AMtMtbKWMb4
vnniBrir tmnvntK ^^wr ny^wnNHmn ^mtnn twj QBTD mor vvtv W^D wt mntwiiiuiii
of this ttth> Within 489 days after Mieh date of enactment, he «haU promulgate
uueh regulation* with »u«h modifications a* he deems appropriate. Regulation*
(8), National interim primary drinking water regulation* promulgated under
paragraph (4) shaH protect health to the extent feasihte; using technology, treat-
ment technique*, and ether means? whieh the Adminintrator determined are
II-- " " ' *- , • 1_ :_AA IJ linal -— t^A J-*- gJ 4MMIAMMWI& A(
•nnio^Bftv ^^^M^r^f ••^ ^^^^ *^ "w^^BiBiiidw vt
RM tjtlfl
shaH take effect eighteen months after the date of their promulgation.
Ssc. 1412. (aXl) 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 subsec-
tion <bX4> unless such regulation is amended to establish a different
maximum contaminant level after the enactment of such amend-
ments.
(2) After the enactment of the Safe Drinking Water Act Amend-
ments of 1986 each recommended maximum contaminant level pub-
lished before the enactment of such amendments shall be treated as
a maximum contaminant level goal.
(3) Whenever a national primary drinking water regulation is pro-
posed under paragraph (1), (2), or (3) of subsection (b) for any con-
taminant, the maximum contaminant level goal for such contami-
nant shall be proposed simultaneously. Whenever a national pri-
mary drinking water regulation is promulgated under paragraph
(1). (2), or (3) of subsection (b) for any contaminant, the maximum
image:
contaminant level goal for auch contaminant shall be published si-
multaneously.
(4> Paragraph (3) shall not apply to any recommended maximum
contaminant level published before the enactment of the Safe Drink-
ing Water Act Amendments of 1986.
(hl/tl/Al li/j|JL|'|n 1Q rinttn of fA/t dflio of ttlQ fWMef^ cm t fit] flfujju flondufltoti
purttutnt to ttohsoetvm M «* fubmttlod to Gonyre»», Me Administrator «foWl
(*} prope»ttt» m Me report for reeammenaW mammum ooHlaminattl
leeob for nattonai primary dnnkiny tetter feyWtWtOfta, tmd
eon<amtnan< fcwefo
Me report tm Me
flontomttwml
pursuant to
96 00f Ac A
tfi kit jvdgmont batted on
may Aa«e any a4-
M^ tut HI Me rwto* ttfwfer lAi« tttbporoffrapk any eottlamintml Me totted of
rwommimdod magtmttm aof><aminon< tow^ <M<4 t«A*eA fnoy A<NM any
rffnftf Aft /A/) j^M^/Jk rt/
miftutlntior may by mtJe
parttgrapk or change ««e4
fW ^« M« <foto Me i
naeotmixmaW fewefe
Hayutcr proposed rwtted
Me fsy/mwtHonto »f paragraph
cotM «MeA moa'i/tea/ioiM a* Xe
in Me
drinking voter rog*lalt<m«
rtVty* «/top Me aWe •/ »»e4
Reviaod nation*! primary drinking water rogulationo promulgatod
parofraph (3) ef Um gubocction 8h«4t be primary drinking water rogulationo
WhlOR BDOOIiy ft fVMkftHVMHTI
tOVfM 9f
Hro tWB Of
toohniquon fair eaeh contaminant far hmh a reeommondod ma«imum oontemi
nant leVel M Botabliohed er whiek tn ituted « a rale under paragrapk fHfKK The
maiiimum eontaminant level opoeified in a reviaed national primary drinking
water regulation for a eontaminant ehaU be M ele«e te tbe roeemmonded mam-
mwn eontaminnnt level oatoblinhed wider paragrapb (WB) far w**h oontominant
as t« foawWer A required treatment technique for a eontaminant for whieh a
rooommondnd majiimum eontaminant level has been eotabliohed wider para-
graph (-HfW shaH reduee rnteh eontaminant te a level whieh w a» eleee te the
recommended mamimum eontaminant level for weh eontaminant ae M feaoiblo.
IT rOOUIWHI vPOftMHOfln tCCRwi^tiC t9f ft CwB%ftottflftli% ^rlHOtl M n0M9a ttnoOr pftrw"
graph (-HfR) •halt require treatment nceeooary m the Adminiotrator'g judgment
eMent feaoible. Fer purpoBoe »f this paragraph, the term feasible mean* feasible
with the uee ef the beat technology, treatment toehniquen, and ether mean»;
(b)(l) In the cose of those contaminants listed in the Advanci-
Notice of Proposed ftulemaking published in volume 47. Federal
Register, page 9352, and in volume 4$, Federal Register, page 4550S,
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 Safr
Drinking Water Act Amendments of 1986 for not less than 9 of
those listed contaminants;
(B) not later than 24 months such enactment for not less than
40 of those listed contaminants; and
(C) not later than 36 months after such enactment for the re
mainder of such listed contaminants.
(2XA) If the Administrator identifies a drinking water contami
nant the regulation of which, in the judgment of tne Administrator,
is more likely to be protective of public health (taking into account
the schedule for regulation under paragraph (1)) than a contami
nant referred to in paragraph (1), the Administrator may publish a
maximum contaminant level goal and promulgate a national pri-
mary 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 later than one year after the enactment
of the Safe Drinking Water Act Amendments of 1986 a list of con
taminants 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 con
taminants is more likely to be protective of public health (taking
into account the schedule for regulation under such paragraph). Fol-
lowing 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 sig
nificant comments.
(C) Any contaminant referred in paragraph (1) for which a substi
tution is made, pursuant to subparagrapn (A) of this paragraph,
shall be includea on the priority list to be published by the Admin
istrator not later than January 1, 1988, pursuant to paragraph
(3HA).
(D) The Administrator's decision to regulate a contaminant iden
tified pursuant to this paragraph in lieu of a contaminant referred
to in paragraph (1) shall not be subject to judicial review.
(MA) The Administrator shall publish maximum contaminant
level goals and promulgate national primary drinking water regula-
tions 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 Admin
istrator, may have any adverse effect on the health of persons and
which is known or anticipated to occur nn th<> fc»~'»». ~'
image:
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
knoum or anticipated to occur in public water systems and which
may require regulation under this Act.
(H) For the purpose of establishing the list under subparagraph
(A), the Administrator shall form an advisory working group in-
cluding members from the National Toxicology Program and the
Kni'inmmental Protection Agency's Offices of Drinking Water, Pesti-
cides. Toxic Substances, Ground Water, Solid Waste and Emergency
Response and any others the Adminstrator deems appropriate. The
Ad mi nut rotor's consideration of priorities shall include, but not be
limited to, substances referred to in section 101(H) of the Compre-
hensive Environmental Response, Compensation, and Liability Act
of 1980, and substances registered as pesticides under the Federal
Insecticide, Fungicide, and Rodenticide Act.
(O Not later than 34 months after the listing of contaminants
under subparagraph (A), the Administrator shall publish proposed
maximum contamination level goals and national primary drinking
u'titer regulations for not less than 25 contaminants from the list es-
tablished under subparagraph (A).
(I)) Not later than 36 months after the listing of contaminants
under subparagraph (A}, the Administrator shall publish a maxi-
n urn contaminant goal and promulgate a national primary drink-
ing water regulation for those contaminants for which proposed
maximum contaminant level goals and proposed national primary
drinking water regulations were published under subparagraph (C).
(4> Each maximum contaminant level goal established under this
subsection shall be set at the level at which no known or anticipat-
ed adverse effects on the health of persons occur and which allows
an adequate margin of safety. Each national primary drinking
water regulation for a contaminant for which a maximum contami-
nant level goal is established under this subsection shall specify a
maximum level for such contaminant which is as close to the maxi-
mum contaminant level goal as is feasible.
(5> 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), 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 ef-
fective in controlling synthetic organic chemicals as granular acti-
vated carbon.
(6) Each national primary drinking water regulation which estab-
lishes a maximum contaminant level shall list the technology, treat-
ment techniques, and other means which the Administrator finds to
be feasible for purposes of meeting such maximum contaminant
lei'el, but a regulation under this paragraph shall not require that
any specified technology, treatment technique, or other means be
used for purposes of meeting such maximum contaminant level.
(7HA) The Administrator is authorized to promulgate a national
primary drinking water regulation that requires the use of a treat-
ment technique in lieu of establishing a maximum contaminant
level, if the Administrator makes a finding that it is not economi-
cally or technologically feasible to ascertain the level of the con-
taminant. In such case, the Administrator shall identify those treat-
ment techniques which, in the Administrator's judgment, would
prevent known or anticipated adverse effects on the nealth of per-
sons to the extent feasible. Such regulations shall specify each treat-
ment technique known to the Administrator which meets the re-
quirements of this paragraph, but the Administrator may grant a
variance from any specified treatment techniques in accordance
with section 1415(aX3).
(B) Any schedule referred to in this subsection for the promulga-
tion of a national primary drinking water regulation for any con-
taminant shall apply in the same manner if the regulation requires
a treatment technique in lieu of establishing a maximum contami-
nant level.
(CXi) 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 regula-
tions specifying criteria under which filtration (including coagula-
tion 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 consid-
er 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 deter-
mination. 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 com-
pliance by the public water system with the filtration requirement.
A schedule shall require compliance within 18 months of a determi-
nation made under clause (Hi).
(Hi) Within 18 months from the time that the Administrator es-
tablishes the criteria and procedures under this subparagraph, a
State with primary enforcement responsibility shall adopt any nec-
essary regulations to implement this subparagraph. Within 12
months of adoption of such regulations the State shall make deter-
minations 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 game au-
thority 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.
(8) Not later than 36 months after the enactment of the Safe
Drinking Water Act Amendments of 1986, the Administrator shall
image:
propose and promulgate national primary drinking it-titer regula-
tions requiring disinfection as a treatment technique for all public
water systems. 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 require-
ment according to the provisions of sections 1415(a)(l)(H) and
14l5(aX3). In implementing section Hk"2(g> the Administrator or the
delegated State authority shall, where appropriate, give special con-
sideration to providing technical assistance to small public water
systems in complying with the regulations promulgated under this
paragraph.
(4) (9) Revised national National primary drinking water regula-
tions 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 re-
viewed 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 oc-
curred over the previous 3-year period and that may provide for
greater protection of the health of persons. The findings of such
review shall be published in the Federal Register. If, after opportu-
nity for public comment, the Administrator concludes that the tech-
nology, treatment techniques, or other means resulting from such in-
novations or changes are not feasible within the meaning of para-
graph (5), an explanation of such conclusion shall be published in
the Federal Register.
(6) (10) Revised natienai National primary drinking water regula-
tions promulgated under this subsection (and amendments thereto)
shall take effect eighteen months after the date of their promulga-
tion. Regulations under subsection (a) shall be superseded by regu-
lations under this subsection to the extent provided by the regula-
tions under this subsection.
(ft (11) No national primary drinking water regulation may re-
quire the addition of any substance for preventive health care pur-
poses unrelated to contamination of drinking water.
(c) The Administrator shall publish proposed national secondary
drinking water regulations within 270 days after the date of enact-
ment of this title. Within 90 days after publication of any such reg-
ulation, he shall promulgate such regulation with such modifica-
tions as he deems appropriate. Regulations under this subsection
may be amended from time to time.
(a) Regulations under this section shall be prescribed in accord-
ance with section 553 of title 5, United States Code (relating to
rulemaking), except that the Administrator shall provide opportu-
nity 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.
WfB The Administrator shaH enter into appropriate arrangements with the
National Academy of Seionens for with another independent scientific organiaa
tim if appropriate arrangements eannot be made with sueh Academy) to een-
duet a study to determine (A) the maximum contaminant levels whieh should he
recommended under gubnection 4bMi*) in ardor to proteet the health of poroonit
f &nviotfMfcMHi HOVOTHO olMmliH, ftfNl T"? wwi &MiH0**iM)o of ftiiy
ooiilmniiimntiH fbe levok 'of wttieh «» drinking water «-«»«iot be duUifiniimj W*
wlmth Httty ttttv« ttn mlvoruo effeet on the h«*tlth of pornoim.
yOUPM Hlw^F Ht4^ (IftWl O? OH tMJ vfil H 11% Of vttlft ni'it) , ftHQ FQVIHIOftH HlOf WOl FOiH'Pttlllf
UOrtft€l tO wfi0 ^ j Oil £fX( BH OtMnl VWO yOftco UMMPOftlvOt*: rftO
contain (A) tk nummary and evaluation of relevant publieatiuim at»d
odologieu and imnumptiono for oiitimating the margin of safety whieh shettW bti
for rooommendiid maximum contaminant levels for national primury drinking
water regulations, based en the methodologies, asoumptionB, MM) studteH rtv
lift MM) WMM IOV6I Or ^rWHOli Ml uFlflhtttf^ WtoMSF OftflflOv BtJ ItOlOPIfitH^w fHIt
IftttY fllLVO AM ttQVOPUO OIHHit Oftl MH) nOttlUt ttr UOPCKIIIHJ \f f MJ^MttH H^Hat
HfeOtMalll|^ ft nln ^r WH) HTIftJOr PODOttPOn prtOrtWwB ttno OOMIItttwHI
fcO OOflQUtit MM9H |W lOHtV WWOAPOllJ i^rj p^rtdtt4C •AMMtfllHOnMt tktra
oviiluuliionn ot unrugulahxl ooiitoiniiiMiM whieh «fty require eontinuouu inunnor
fn develupin;; tin prupoimlu for ruouniiiiended rnaiiinium eontomiiMttrt
DH. PftlPP A p n (0M*-'I *"^ JNftMOIIttl AtMMlOHty Or O
HOII UPOpUf Itlf^ WM) f OpOFfc* WMfcrt OVttlUtiM^ UlkQ OMMftln fW^panMAI^r ftno Hi
He) U*e inipimt *{ th« fullowin|{ eoiittiderunonu!
(A) ¥h« o>iBk>neo «( groupn or individualn m UM population
mom guBoopiiblo fc» advorno «(fo«to UHM th«
OMpoaurc to contaminant in other medta than drinking
\III 0fUQ Illff OMpOftttfOft HI lOOu, Ml vnt) ftHlulOnv ftlP| ftllu Ml OwtwijfwWOItiM uol
tings) and the resulting body burden of contaminants
<&) Synergiutic effects resulting from enpooure to or interaction by two
or mere
The eontftminant oitpoeure and hudy b«trd«ii levels whieh alter
PCftWWtftwty
Wl
H) ht malmg the study wider Urn ouboeation. the National Aoadoiny t»f H««-
enemt for «ther organi«ation) ehalt eetWt and oorrolato <A) morbidity and mor-
tality data and fW munitorud data m» the «{»»aJrty «l drinking waterr Aity etm«4«t-
8Hm» based ett sueh eurrulation shad he included m the report «t the stmlr
(6) Neither the report «f the study Milder this nuhscetion ner any dratt »f ««4i
report shaU he submitted to the OWiee of Maiiafemont and Budget «r te twty
ether Federal agefley fother thait the Knvironmeatal Protection Ageney) prior
to its submission to Congress.
<ti) Ol the fwtds authorised to he appropriated to the Adminiotrator by tkte
title; sueh ametmts as may he required shaU be available to earry eut the »Vti4y
ami to make the report diraetod by paragraph W el this auhsectioit.
(e) The Administrator shall request comments from the Science
Advisory Board (established under the Environmental Research, l)e
velopment. 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 o( the national
nrimnrv /frinkinn •• •/»»••- »/«-••'
image:
10
under no circumstances, be used to delay final promulgation of any
national primary drinking water standard.
STATE PRIMARY ENFORCEMENT RESPONSIBILITY
SEC 1413. (a) For purposes of this title, a State has primary en-
forcement responsibility for public water systems during any
period for which the Administrator determines (pursuant to regula-
tions prescribed under subsection (b)) that such State —
(1) Has adopted drinking water regulations which (A4 m t4w
drinking water regulationo are promulgated wider seetwn -M44) Mid ending
wfl WN?
water regulation!) m effeet under sueh section; are no less stringent
than the national primary drinking water regulations in effect
under sections H12(a) and 141S(b);
(2) has adopted and is implementing adequate procedures for
the enforcement of such State regulations, including conduct-
ing such monitoring and making such inspections as the Ad-
ministrator may require by regulation;
(I)) will keep such records and make such reports with re-
spect to its activities under paragraphs (1) and (2) as the Ad-
ministrator 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 ex-
emptions under conditions and in a matter 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 circum-
stances.
(bXl) 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 de-
termination 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 deter-
mination will be effective, and the manner in which the Adminis-
trator 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 Administra-
tor shall notify such State of the determination and the reasons
thereof 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 exectuvie officer of each State of the promulgation of regula-
tions under this paragraph. Such notice shall contain a copy of the
11
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 Ad-
ministrator's regulations under paragraph (1), the Administrator
shall within 90 days of the date on which such application is sub-
mitted (A) make the determination applied for, or (B) deny the ap-
plication and notify the applicant in writing of the reasons for his
denial.
I'M 1.1 1 im «v H-PAW <re A«B«H*H ENFORCEMENT OF DRINKING WATER
REGULATIONS
SEC. 1414. (aXIXA) Whenever the Administrator finds during a
period during which a State has primary enforcement responsibil-
ity 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 sec-
tion 1412, or
(ii) for which a variance under section 1415 or an exemption
under section 1416 is in effect, does not comply with any sched-
ule or other requirement imposed pursuant thereto,
he shall so notify the State and such public water system and pro-
vide such advice and technical assistance to such State and public
water system as may be appropriate to bring the system into com-
pliance with such regulation or requirement by the earliest feasible
time.
H the Adminiotrator find* meh failure te eemply extends beyend the thir-
HI6 vv*6 6r vH
Hn66n nttyB Hr6fl™ MI6 onto 6* MI6ft 0tt0ti6 n6M66 ft0 »6 »w6 MvpV B6in£ «BiV6n 16
tsinn te bring the system inte eomp*lianee and fer My faiktre te take step* te
bring the syetem inte compliance). U —
/I\ A|Mhlk fcultMM 4ta MMMfelw ABtWtM^A IwHMMul ^M MW4Mt4ik ^sMF s^itaP tlftA
&| thn —•»*•-*— MUAsm a*AMMi*»A *-L
v* WITO IIVMUU it uu pvrv^^n* ^»
(iiKa) the State fatte te submit the report requested by the Admmistrs.
tor within the time period prescribed by the preceding sentence; or
t £t\ Ttwi fisWsiWt AMAMMsta MMth MMMMt Wft<Mt MMktk HAHAfi llM4 4HA A^HMMft~
trater; after eonoidering the report; determines that the State abused its
dioeretion in carrying out primary enforcement responsibility far public
water systems by both—
0) failing te implement by swh sixtieth day adequate procedures to
/¥¥i iWii*^^ 4^k ^^•aAJUt Jay
^siT nswffnK «> nim^o ^v
means ef safe drinking water by the earliest feasible timet
the Administrator may eommenee a eivil aetien tHider oubscetien (bK
(B} If, beyond the thirtieth day after the Administrator's notifica-
tion under subparagraph (A), the State has not commenced appro-
priate enforcement action, the Administrator shall issue an order
under subsection (g) requiring the public iimlrr s-wtrm tn ™mni~
image:
12
with such regulation or requirement or the Adminmlrtitor 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 141f>(aX2) or an ex-
emption under section 1416(0 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(aX2) or an ex-
emption under section 1416(0 is in effect, does not comply with
any schedule or other requirement imposed pursuant thereto,
h« may Humnnmuo a eml ftetaHt tmd«r Bubnoution (bK the Administrator
shall issue an order under subsection (g) requiring the public water
system to comply with such regulation or requirement or the Admin
istrator shall commence a civil action under subsection (b).
(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, with an order issued under sub-
section (g), or with any schedule or other requirement imposed pur-
suant to a variance or exc/nption 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 drink-
ing 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 availabil-
ity of alternative water supplies; and, if the court determines that
there has been a wiHfol 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 fM00 $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 UlftaXlXA) 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
13
(B) any failure to comply with the requirements of any
schedule prescribed pursuant to the variance or exemjv
tion.
The Administrator shall by regulation prescribe the form, manner,
and frequency for giving notice under this subsection. Nettee ttn4«r
HWJ 11 Fin MHfn6fM)6 Of Mfelfl MftvB49&UOft Snftn 06 J^V^WI nOv NTBB WMMt OfiuO £V4WV w
months, ehaU be given by publication in ft newopapor of general circulation
flllftiBvP(lM)F}, Bnfill oO lUPfllnM^Q 48 Mt6 OvnGf (MMnftitflfiMAMoiM HtOoMI BOrVtf^jJ BU4MI
ft; and «haU be furnished to the eommunioationo media M Men M practieablo
flJWJMMfli OVOPy o HtOftMftft^ ftW™ ™ ft pwWtfc ^WJHOF Byuivlll MBttoB ttv ^fun&f nllH MWH
water biUe Mmed by the nyntom. The Adminiotrator may alee require the «wmw
Wl* 49p&rftM)f Of ft pttotM) ^rVftvMP BVBMMH t® ^^^^ fMUMN) t® WM* porvofn vOrVvo wy t»
of contaminant leveb) ef any unregulated contaminant required te be monitorod
A MM B4Mi*UaM lU&aA 4U>UfMllw VWtli^aAA 4^UA MftA^MMtAMWI Af fl\f
/TflT pW^WFll ^mo ^^wmoiy • IUIWPUU ^IDB mnm^Jvivii vr • v^
~. . L „.».».* I j^_ ^
HtHWOfmon
Within 15 months after the enactment of the Safe Drinking Water
Act Amendments of 1986, the Administrator shall amend such regu
lotions to provide for different types and frequencies of notice based
on the differences between violations which are intermittent or in
frequent and violations which are continuous or frequent. Such reg-
ulations shall also take into account the seriousness of any potential
adverse health effects which may be involved. Notice of any viola
tion of a maximum contaminant level or any other violation desig
noted 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 annu-
ally. 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 un
derstandable explanation of the violation, any potential adverse
health effects, the steps that the system is taking to correct such vio
lotion, and the necessity for seeking alternative water supplies, if
any, until the violation is corrected. Until such amended regula
tions 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 per
sons served by it of contaminant levels of any unregulated contami
nant reauired to be monitored under section Hwa). Any person
who violates this subsection or regulations issued under this subsec
«.•„„ „!,,.»» I.. ,..l:.,i ' ' •• !.<••• • *"
image:
14
Id) 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 re-
specting 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.
(0 If the Administrator makes a finding of noncompliance (de-
scribed in subparagraph (A) or (B) of subsection (aXD 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 put 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 pur-
pose of gathering information from technical or other experts, Fed-
eral, 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 recom-
mendations which shall be sent to such State and public water
system and shall be made available to the public and communica-
tions media.
(gXl) In any case in which Ihe Administrator is authorized to
bring a civil action under this section or under section 1445 with
respect to any regulation, sche< tie, or other requirement, the Ad-
ministrator also may issue an order to require compliance with such
regulation, schedule, or other requirement.
(2) An order issued under this subsection shall not take effect
until after notice and opportunity for public hearing and, in the
rase of a State having primary enforcement responsibility for public
mater systems in that State, until after the Administrator has pro-
i'ided the State with an opportunity to confer with the Administra-
tor regarding the proposed order. A copy of any order proposed to be
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
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
bf issued to appropriate corporate officers.
15
(3XA) 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) Whenever any civil penalty sought by the Administrator under
this paragraph does not exceed a total of $5,000, 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 of the
United States Code.
(C) Whenever any civil penalty sought by the Administrator under
this paragraph exceeds $5,000, 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 ap-
propriate 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 appropriate-
ness of the final order imposing the civil penalty shall not be sub-
ject to review.
VARIANCES
SEC. 1415. (a) Notwithstanding any other provision of this part,
variances from national primary drinking water regulations may
be granted as follows:
(1KA) 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, doepite A variance may only be
issued to a system after the system's application of the best
technology, treatment techniques, or other means, which the
Administrator Finds are generally available (taking coats into
consideration). The Administrator shall propose and promul-
gate 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 promul-
gates a maximum contaminant level for each such contami-
nant. The Administrator's finding of best available technology,
treatment techniques or other means for purposes of this subsec-
tion 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 appropriate by the 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 vari-
ance under this subparagraph the State shall prescribe wMtm
image:
16
m« y«itr »f the date at </ie /tme variance is granted, a schedule
for—
(i) compliance (including increments of progress) by the
public water system with each contaminant level require-
ment 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 re-
quirement, during the period ending on the date compli-
ance with such requirement is required.
Before a schedule prescribed by a State pursuant to this sub-
paragraph 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 pre-
scribing of more than one such schedule and hearing held pur-
suant to such notice shall include each of the schedules cov-
ered by the notice. A schedule prescribed pursuant to this sub-
paragraph 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 de-
termine).
(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
provisions of a national primary drinking water regulation
which requires the use of a specified treatment techniquie 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 subpara-
graph shall be conditioned on such monitoring and other re-
quirement 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 pro-
posed variance. A notice given pursuant to the preceding sen-
tence 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 vari-
ance.
(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 trie schedule pre-
scribed by the State pursuant to that subparagraph. The re-
quirements of each schedule prescribed by a State pursuant to
that subparagraph shall be enforceable by the State under its
laws. Any requirements of a schedule on which a variance
17
granUni under that subparagraph is conditioned may be en
forced 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 subpara
graph (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 Ad
ministrator shall complete a comprehensive review of the var-
iances granted under subparagraph (A) (and schedules pre-
scribed 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 review
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 loca-
tion 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 comple-
tion of any such review, the Administrator shall public in the
Federal Register the results of his review together with find-
ings responsive to comments submitted in connection with
such review.
(GXi) If the Administrator finds that a State has, in a sub-
stantial number of instances abused its discretion in granting
variances under subparagraph (A) or (B) or that in a substan-
tial 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 haa
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 vari-
ances 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 (1) rescind the
finding for which the notice was given and promptly notify the
St«t<» of Hiirh rpWMBsion or (III nromulawto (with mi/«K mnJiKra-
image:
18
tions 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 subpara-
graph, 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 subpara-
graph 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 take
effect, the State takes corrective action with respect to such
variance or schedule or other requirement which the Adminis-
trator determines makes his finding inapplicable to such vari-
ance or schedule or other requirement, the Administrator shall
rescined the application of his finding to that variance or
schedule or other requirement. No variance revocation or re-
vised 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 responsibil-
ity 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 treat-
ment technique requirement of a national primary drinking
water regulation upon a showing by any person that an alter-
native 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 vari-
ance 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 (1KB) or (2) of subsection (a) is condi-
tioned 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 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 Adminis-
trator) 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 contaminant (in accordance
with section 1401(lXCXii) each treatment technique known to the
Administrator which leads to a reduction in the level of such con-
taminant sufficient to satisfy the requirement of section 141L(bX3).
19
EXEMPTIONS
SEC. 1416. (a) A state which has primary enforcement responsibil-
ity may exempt any public water system within the State's juris-
diction 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 find-
ing that—
(1) due to compelling factors (which may include economic
factors), the public water system is unable to comply with such
contaminant level or treatment technique requirement,
(2) the public water system was in operation on the effective
date of such contaminant level or treatment technique require-
ment or for 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 unrea-
sonable risk to health.
(bXD If a State grants a public water system an exemption under
subsection (a), the State shall prescribe, wrthm em year ef the date at
the time the exemption is granted, a schedule for—
(A) compliance (including increments of progress) by the
public water system with each contaminant level requirement
and treatment technique requirement with respect to which
the exemption was granted, and
(B) implementation by the public water system of such con-
trol 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 in-
clude each of the schedules covered by the notice.
(2XA) 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 sub-
paragraph (B)—
(i) in the case of an exemption granted with respect to a con-
taminant level or treatment technique requirement prescribed
by the interim national primary drinking water regulations pro-
mulgated under section 1412(a), Mt later than January +7 4W4* not
later than 12 months after enactment of the Safe Drinking
Water Act amendments; and
(ii) in the case of an exemption granted with respect to a
contaminant level or treatment technique requirement pre-
scribed by revtaad national primary drinking water regulations,
net later than oeven years after tke date weft requirement tabes effeefc
image:
20
other than a regulation referred to in section 1412(a), 12 months
after the date of the issuance of the exemption.
fB) NoliwithatftndiiiK «4< •>•*•« W tmd M «rf nuhpitrnyrupb (A) «4 this puru^niph,
tb« fifHtJ date for twmpkrtttm pH'H«ribi'il in it ached 11 In pfoiiiTilmd piiraunni. to
determined by the State grunting the exemption) has entered into an cnfunioo
Me agreement to bee«mo it part «4 a regional p«Wie water iiyntom «h»U—
W H» the ease el ft nehedule proaouribt'd far tH» exemption grunted with
re»|teet to ft Hontaminunt level er treatment technique requirement pre-
iieribi')! by interim national primary drinking water regulations, be net Httof
l,hftn I Hniiftrv -t— I HH^i* unii
M m the ease nf ft schedule pro Beriberi fef an exemption grunted with
re»|>eet to ft uonUtminant level er treatment technique requirement pre-
Heribod by reviiiod national primary drinking water regulations, be net later
than »m*> year» after web requirement talii'O effeet
(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 Ad-
ministrator (in any other case) for i period not to exceed 3 years
after the date of the issuance of the exemption if the public water
system establishes that—
(it the system cannot meet the standard without capital im-
provements which cannot be completed within the period of
such exemption;
(ii) in the case of a system which needs financial assistance
for the necessary improvements, the system has entered into an
agreement to obtain such financial assistance; or
(Hi) 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 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 if the system establishes that it is taking all practica-
ble steps to meet the requirements of subparagraph (B).
(3) Each public water system's exemption granted by a State
under subsection (a) shall be conditioned by the State upon compli-
ance 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 con-
ditioned may be enforced under section 1414 as if such requirement
was part of a national primarying drinking water regulation.
(4) Each schedule prescribed by a State pursuant to this subsec-
tion shall be deemed approved by the Administrator unless the ex-
emption for which it was prescribed is revoked by the Administra-
tor under subsection (dX2) or the schedule is revised by the Admin-
istrator under such subsection.
(c) Each State which grants an exemption under subsection (a)
shall promptly notify the Administrator of the granting of such ex-
emption. Such notification shall contain the reasons for the exemp-
tion (including the basis for the finding required by subsection
(aM) before the exemption may be granted) and document the need
for the exemption.
(dXl) Not later than 18 months after the effective date of the in-
terim national primary drinking water regulations the Administra-
tor 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 reivews of exemp-
tions and schedules as he deems necessary to carry out the pur-
poses 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 infor-
mation 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 continu-
ing them. Upon completion of any such review, the Administrator
shall publish in the Federal Register the results of his review to-
gether with findings responsive to comments submitted in connec-
tion with such review.
(2KA) 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 Ad-
ministrator shall consider the number of persons who are affected
by the exemptions and if the requirements applicable to the grant-
ing of the exemptions were complied with. A notice under this
paragraph shall—
(i) identify each exempt public water system with respect to
which the finding was made,
(ii) specify the reasons for the findings, and
(iii) as appropriate, propose revocations of specific exemp-
tions 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 subpara-
graph (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 appropri-
ate) 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 Ad-
ministrator 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
nnraiior** »«-» ~.. ~i-
image:
22
exemption or a revision of such schedule promulgated by the Ad-
ministrator takes effect the State takes corrective action with re-
spect to such exemption or schedule which the Administrator de-
termines 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(lXCXii) each treatment technique known to the
Administrator which leads to a reduction in the level of such con-
taminant sufficient to satisfy the requirements of section 14iaO>K8).
I412(b).
(f) Jf a State does not have primary enforcement responsibility
Tor public water systems, the Administrator shall have the same
authority to exempt public water systems in such State from maxi-
mum contaminant level requirements and treatment technique re-
quirements under the same conditions and in the same manner as
the State would be authorized to grant exemptions under this sec-
tion 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 Adminis-
trator) after the date of its submission.
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 Amend-
ments of 1986, in the installation or repair of—
(A) any public water system, or
(B) any plumbing in a residential or nonresidential facil-
ity providing water for human consumption which is con-
nected 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.
(2) PUBLIC NOTICE REQUIREMENTS.—
(A) IN GENERAL.—Each public water system shall identi-
fy and provide notice to persons that may be affected by
lead contamination of their drinking water where such con-
tamination 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.
'I'l. S9-.1.19. Section 109 Ib) NOTIFICATION TO SrATfS. — Tht Administrator of the Envimnmen-
il l*mir,-tion Atrncy iHall notify nil Stale* with rrtpect to tht requirements of tec I ion 14/7 of
if l*uhli< ttptilth .Service Act within 90 dayt after the enactment of thu Act
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 explana-
tion of—
(i) the potential sources of lead in the drinking
water,
(ii) potential adverse health effects.
(Hi) 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 tup-
plies, if any.
(b) STATE ENFORCEMENT.—
(1) ENFORCEMENT OF PROHIBITION.—The requirements of sub-
section (aXl) shall be enforced in all States effective 24 months
after the enactment of this section. States shall enforce such re-
quirements through State or local plumbing codes, or such other
means of enforcement as the State may determine to be appro-
priate.
(2) ENFORCEMENT OF PUBLIC NOTICE REQUIREMENTS.—The re-
quirements of subsection (aX2) 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 pursu-
ant to subsection (b), the Administrator may withhold up to 5 per-
cent 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 sol-
ders and flux containing not more than 0.2 percent lead, and
(2) when used with respect to pipes and pipe fittings refers to
pipes and pipe fittings containing not more than 8.0 percent
lead.
PART C—PROTECTION OF UNDERGROUND SOURCES OF DRINKING
WATER
REGULATIONS FOR STATE PROGRAMS
SEC. 1421. (aXl) The Administrator shall publish proposed regula-
tions 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 pro-
mulgated in accordance with section 553 of title 5 llnit^H S»«t«~
image:
24
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 appro-
priate Federal entities and with interested State entities.
(bXl) Regulations under subsection (a) for State underground in-
jection programs shall contain minimum requirements for effective
programs to prevent underground injection which endangers drink-
ing water sources within the meaning of subsection (dX2). Such reg-
ulations shall require that a State program, in order to be ap-
proved under section 1422—
(A) shall prohibit, effective on the date on which the applica-
ble 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 promulgat-
ed which authorizes any underground injection which endan-
gers drinking water sources;
(C) shall include inspection, monitoring, recordkeeping, and
reporting requirements; and
(D) shall apply (i) as prescribed by section 1447(b), to under-
ground 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 require-
ments 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 i, jfCtion 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.
(3XA) The regulations for the Administrator under this section
shall permit or provide for consideration of varying geologic, hydro-
logical, or historical conditions in different States and in different
areas within a State.
(BXi) In prescribing regulations under this section the Adminis-
trator shall, to the extent feasible, avoid promulgation of require-
ments which would unnecessarily disrupt State underground injec-
tion control programs which are in effect and being enforced in a
substantial number 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
25
infeasible to comply with both such regulation and the State under
ground injection control programs.
(iii) For the purpose of this subparagraph, a regulation pre-
scribed 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 in-
jection.
(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.
(cKl) The Administrator may, upon application of the Governor
of a State which authorizes underground injection by means of per-
mits, authorize such State to issue (without regard to subsection
(bXlXBXi)) temporary permits for underground injection which may
be effective until the expiration of four years after the date of en-
actment 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 ilu
permit application; and
(D) the Administrator determines the temporary permits re-
quire 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 permit*),
authorize such State to issue (without regard to subsection
(bXIXBXi)), but after reasonable notice and hearing, one or more
temporary permits each of which is applicable to a particular injec-
tion 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 in
jection 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 em
ployed (and will be employed) to reduce the volume and toxin
ty 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
emplu 'incut of fluids by well injection. Such term does not in
elude I he underground injection of natural gas for nnrno«» ,,<
image:
26
(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 pres-
ence of such contaminant may result in such system's not com-
plying with any national primary drinking water regulation or
may otherwise adversely affect the health of persons.
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 con-
trol program may be necessary to assure that underground injec-
tion will not endanger drinking water sources. Such list may be
amended from time to time.
(bXIXA) 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 re-
spect 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 submis-
sion 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 sec-
tion 1421 revising or adding any requirement respecting State un-
derground injection control programs, each State listed under sub-
section (a) shall submit (in such form and manner as the Adminis-
trator 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 para-
graph (IMA) or notice under paragraph (1KB) 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 responsi-
bility for underground water sources until such time as the Admin-
istrator determines, by rule, that such State no longer meets the
requirements of clause (i) or (ii) of paragraph UK A) of this subsec-
tion.
(4) Before promulgating any rule under paragraph (2) or (3) of
this subsection, the Administrator shall provide opportunity for
public hearing respecting such rule.
27
(c) If the Administrator disapproves a State's program (or part
thereof) under subsection (bM2), if the Administrator determines
under subsection (bX3) that a State no longer meets the require-
ments of clause (i) or (ii) of subsection (bXIKA), or if a State fails to
submit an application or notice before the date of expiration of the
period specified in subsection (bXl), the Administrator shall by reg-
ulation within 90 days after the date of such disapproval, determi-
nation, 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) an underground injection for the secondary or tertiary re-
covery 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 pro-
gram 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 op-
portunity 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 pro-
gram (or most recent amendment thereof) (1) which has been
adopted by the State and which has been approved under subsec-
tion (b), or (2) which has been prescribed by the Administrator
under subsection (c)
(e) An Indian Tribe may assume primary enforcement responsibil-
ity 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 (bXIXA) of this sec-
tion. Until an Indian Tribe assumes primary enforcement responsi-
bility, the currently applicable underground injection control pro-
gram shall continue to apply. If an applicable underground injec-
tion control program does not exist for an Indian Tribe, the Admin-
istrator shall prescribe such a program pursuant to subsection (c) of
this section, and consistent with section U21(b), within 970 days
after the enactment of the Safe Drinking Water Act Amendments of
1986, unless an Indian Tribe first obtains approval to assume pri-
mary enforcement responsibility for underground injection control.'
PAHiUBB »P 8T*W» TO A88VBB ENFORCEMENT OF PROGRAM
SEC. 1423. (aXD Whenever the Administrator finds during a
period during which a State has primary enforcement responsibil-
ity for underground water sources (within the meaning of section
1422(bX3)) or section 1422(bX3) that any person who is subject to a
requirement of an applicable underground injection control pro-
image:
28
gram in such State is violating such requirement he shall so notify
the State and the person violating such requirement. W tW Adinmin
(•top* being token to bring mush person mte eunipliaime with gueh requirement
eomplmmMi with ttueh requirement and fer any failure to take tttepe to bring
«ueh person into eomplianee with gueh requirement). U —
I A \ aufklk fftillirfl ^t fiftlflHJV AW^MwlA IwMMUul ^M4 MV^Mtfcli littV flft-TlT l.tll1! litttj'
Ot Wt+T fMntov £tVoft jfnrntftftv vo vnO HPvv vMMoftOo O» vltlS ptfcftfc^Ftipn^ ftftu
the State fait* to submit the report requested by the AdmiiiiHtrutor
within the time period prescribed by the preceding sentence, or
M the State gubmita swob. report within such peried but the Admini»tra-
tor after oonnidoring the report; determines that by failing to take neees-
fMfcfV M4?pfl to DPIIIf£ Btt6n flMMWOR IHM) Q&HHMMMIGG wV fHHwt vntUtnft ttttV WM)
ity f»r underground water
the Adnuniotrator may commence a eivii action under gubsoction (brH4r If
beyond the thirtieth day after the Administrator's notification the
State has not commenced appropriate enforcement action, the Ad-
ministrator 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 Adminstrator finds during a period during
which a State does not have primary enforcement responsibility for
underground water sources that any person subject to any require-
ment of any applicable underground injection control program in
such States is violating such requirement, he may oomnienoe a eivil
action under uubneetion (WfOr the Administrator shall issue an order
under subsection (c) requiring the person to comply with such re-
quirement or the Administrator shall commence a civil action under
subsection (b).
When authorised by guboeetion W-, the Adminigtrittor may bring a civil
compliance with any requirement ef an applicable underground injection
centre) program. The ee«trt may enter gueh judgement as protection el public
health may require, including, m the eaee el an aetien brought against a person
whe violateo an applicable requirement el an underground injection eentrol pro-
gram and whe M located m a Btate whieh has primary cnforeement roapongibil-
ity for underground water «a«ree&; the impooition el a eml penalty el net to
fj.— j-». ~L.
nff won
piratien el 80 day* alter receiving notiee under guboeetion
(9) Any person whe violate* any requirement el an appliuable underground
injection centre) program to whieh lie M subject during any period for whieh the
State does not have primary enforcement reapongibility for underground water
AOttFOAfi \ A| Mftttn B0 MftwtOOv *O ft CtVtt vOffMMvV Of nov fnoFO vftAfl ^Of\n^j flfffP oAvn
oftY tOf BtWfl VIOfffMtOR^ Q9 \&f ™ wttww VivlftMoA W TBrOTftiIfy WwJfr |FWFflwli flltfcjrj Ifl
H6tt 0f MlO WVM pWMkWy vtMnvftM)Q ^
t IO 000 fop 0A0h ^ft¥ of Buoh vioiittion
(b) CIVIL AND CRIMINAL ACTIONS. — Civil actions referred to in
paragraphs (1) and (2) of subsection (a) shall be brought in the ap-
propriate United States district court. Such court shall have juris-
diction to require compliance with any requirement of an applicable
29
underground injection program or with an order issued under sub
section (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 f25,000
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 Ad
ministrator 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 re-
covery 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 re
covery 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 ad-
ministrative penalty of $125.000, or requiring compliance with such
regulation or other requirement, or both.
(3XA) An order under this subsection shall be issued by the Ad
ministrator after opportunity (provided in accordance with this sub-
paragraph) for a hearing. Before issuing the order, the Administra-
tor shall give to the person to whom it is directed written notice of
the Administrator's proposal to issue such order and the opportuni-
ty 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 sub-
ject to section 554 or 556 of title 5, United States Code, but shall
provide a reasonable opportunity to be heard and to present evi
dence.
(B) The Administrator shall provide public notice of, and reasona
ble opportunity to comment on, any proposed order.
(C) Any citizen who comments on any proposed order under sub
paragraph (B) shall be given notice of any hearing under this sub
image:
(A>, such citizen shall have a reasonable opportunity to be heard
and to present evidence.
(I)> Any order issiu <i under this subsection shall become effective
.10 days following its issuance unless an appeal is taken pursuant to
[Kirngraph (6).
(4XA) Any order issued under this subsection shall state with rea-
sonable specificity the nature of the violation and may specify a rea-
sonable time for compliance.
(R) In assessing any civil penalty under this subsection, the Ad-
ministrator shall take into account appropriate factors, including (i)
the seriousness of the violation; (ii) the economic benefit (if any) re-
sulting from the violation; (Hi) any history of such violations; (iv)
any goad-faith efforts to comply with the applicable requirements;
d<) 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 sec-
tion 1449 of this Act shall not apply with respect to any violation
for which—
(A) a civil action under section H49(a)(l) has been filed prior
to commencement of an action under this subsection, or
(B) a notice of violation under section 144&(b)(l) has been
given before commencement of an action under this subsection
and an action under section 1449(a)(l) of this Act is filed before
120 days after such notice is given.
(6) Any person against whom an order is issued or who comment-
ed 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 Sv-day period
beginning on the date the order is issued. Appellant shall simulta-
neously send a copy of the appeal by certified mail to the Adminis-
trator 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 add:tional civil penalties for the same violation
unless the Administrator's assessment of a penalty constitutes an
abuse of discretion. Notwithstanding section 1448(aX2), any order
issued under paragraph (S) shall be subject to judicial review exclu-
sively 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 as-
sensed (plus costs, attorneys' fees, and interest at currently prevailing
31
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 court* shall have ju-
risdiction to enforce such subpoenas and impose sanction.
W (d) Nothing in this title shall diminish any authority of a
State or political subdivision to adopt or enforce any law or regula-
tion respecting underground injection but no such law or regula-
tion shall relieve any person of any requirement otherwise applica-
ble under this title.
INTERIM REGULATION OF UNDERGROUND INJECTIONS
SEC. 1424. (aXl) 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 pro-
gram covering such area takes effect unless a permit for the oper-
ation of such well has been issued by the Administrator under sub-
section (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 contami-
nated, would create a significant hazard to public health.
(2) Upon receipt of a petition under paragraph (1) of this subsec-
tion, the Administrator shall publish it in the Federal Register and
shall provide an opportunity to interested persons to submit writ-
ten data, views, or arguments thereon. Not later than the 30th day
following the date of the publication of a petition under this para-
graph in the Federal Register, the Administrator shall either make
the designation for which the petition is submitted or deny the pe-
tition.
(bXD During the period beginning on the date an area is desig-
nated 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 oper-
ation.
(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 peti-
tion 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 Adminis-
trator 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
image:
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 sub-
section (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 condi-
tion 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 desig-
nated area in which the well ia 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,
pr (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 Adminis-
trator has reason to believe that any person is violating or will vio-
late subsection (b), he may petition the United States disrict 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 in-
jection 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 pub-
lication 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 deter-
mines 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.
OPTIONAL DEMONSTRATION BY STATES RELATING TO OIL OR NATURAL
GAS
SEC. 1425. (a) For purposes of the Administrator's approval or dis-
approval under section 1422 of that portion of any State under-
ground 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<bXl) the State may demonstrate that such portion of the Stnte
33
program meets the requirements of subpuragraphs (A) through d)i
of section-1421(bXl I and represents an effective program (including
adequate recordkeeping and reporting) to prevent underground in-
jection 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 under
ground injection referred to in subsection (a), in the case of thai
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(bXlXB) the State
may demonstrate that, with respect to that aspect of such under
ground injection, the State program meets the requirements of sub
paragraphs (A) through (D) of section 1421(bXl) and represents an
effective program (including adequate recordkeeping and reporting!
to prevent underground injection which endangers drinking water
sources.
(cXl) Section 1422(bX3) shall not apply to that portion of any
State underground injection control program approved by the Ad
ministrator pursuant to a demonstration under subsection (a) of
this section (and under subsection (b) of this section where applica-
ble).
(2) If pursuant to such a demonstration, the Administrator ap-
proves such portion of the State program, the State shall have pri-
mary enforcement responsibility with respect to that portion until
such time as the Administrator determines, by rule, that such dem-
onstration is no longer valid. Following such a determination, the
Administrator may exercise the authority of subsection (c) of sec-
tion 1422 in the same manner as provided in such subsection with
respect to a determination described in such subsections.
(3) Before promulgating any rule under paragraph (2), the Ad
ministrator shall provide opportunity for public hearing respecting
such rule.
REGULATION OF STATE PROGRAMS
SEC. 1426. (a) MONITORING METHODS.—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 ground
water monitoring. In accordance with such regulations, the Admin
istrator, or delegated State authority, shall determine the applica-
bility of such monitoring methods, wherever appropriate, at loca-
tions and in such a manner as to provide the earliest possible detec
lion 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.
(b) REPORT.—The Administrator shall submit a report to Con
gress, no later than September 1987, summarizing the results of
State surveys required by the Administrator under this section. The
rcrxirt vhnlf ;n*l,,,l~ i r .<•••<
image:
34
(1) The numbers and categories of class V wells which dis-
charge nonhazardous waste into or above an underground
source of drinking water.
(2) The primary contamination problems associated with dif-
ferent categories of these disposal wells.
(3) Recommendations for minimum design, construction, in-
stallation, and siting requirements that should be applied to
protect underground sources of drinking water from such con-
tamination wherever necessary.
SOLE SOURCE AQUIFER DEMONSTRATION PROGRAM
SEC. 1427. (a) PURPOSE.—The purpose of this section is to estab-
lish procedures for development, implementation, and assessment of
demonstration programs designed to protect critical aqii'fer protec-
tion areas located within areas designated as sole or principal
source aquifers under section 1424(e) of this Act.
ib) 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 desig-
nated 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 ap-
proved under section 208 of the Clean Water Act prior to such
enactment.
(c) APPLICATION.—Any State, municipal or local government or
political subdivision thereof or 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 dem-
onstration program under </•.<•>• section. Any applicant shall consult
with other government or planning entities with authority or juris-
diction in such ana 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 pro-
tection 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.
35
(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 a 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 c public agency and which
shall include representation of elected local and State govern-
mental officials) to develop a comprehensive management plan
<hereinfter in this section referred to as the "plan ") for the criti-
cal protection area. Where a local government planning agency
exists with adequate authority to carry out this section with re-
spect to any proposed critical protection area, such agency shall
be designated as the planning entity.
(S) The application shall establish procedures for public par-
ticipation 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 im-
plement the plan.
(4) The application shall include a hydrogeologic assessment
of surface and ground water resources within the critical protec-
tion area.
(5) The application shall include a comprehensive manage-
ment 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 sub-
mitted 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 en-
vironment and ground wafer resources. In order to achieve such
objective, the plan may be designed to maintain, to the maxi-
mum 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 im-
plemented 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
image:
the natural recharge capabilities of the social protection
area watershed.
(B) Requirements designed to maintain existing under-
ground drinking water quality or improi<e 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, fi-
nancially assisted activities and projects which may con-
tribute 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 capabili-
ties, or both.
(F) Consideration of specific techniques, which may in-
clude 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 institu-
tion 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 H24(e) of this
Act shall be considered a comprehensive management plan for the
purposes of this section.
(n) CONSULTATION AND HEARINGS.—During the development of a
comprehensive management plan under this section, the planning
entity shall consult with, ana 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 advi-
sory committees. The planning entity shall conduct public hearings
at places within the special protection ana for the purpose of pro-
viding 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 Id) and that a demonalra-
37
lion 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 peti-
tioner may modify and resubmit any application which is not ap-
proved. 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, desig-
nated under section 1424M shall not exceed $4,000,000 in any one
fiscal year.
(k) ACTIVITIES FUNDED UNDER OTHER LAW.—No funds author-
ized under this subsection 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.
(1) REPORT.—Not later than December SI, 1989, each State shall
submit to the Administrator a report assessing the impact of the
program on ground water quality and identifying those measures
found to be effective in protecting ground water resources. No later
than September SO, 1990, the Administrator shall submit to Con-
gress a report summarizing the State reports, and assessing the ac-
complishments of the sole source aquifer demonstration program in-
cluding an identification of protection methods found to be most ef-
fective and recommendations for their application to protect ground
water resources from contamination whenever necessary.
(m) SAVINGS PROVISION.—Nothing under this section shall be con-
strued 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.
(n) AUTHORIZATION.—There are authorized to be appropriated to
carry out this section not more than the following amounts:
Fitcal year:
1987
1988
1989
1990
1991
Amount
$10.000,000
15.000,000
17,500.000
17.500.000
17.500.000
Matching grants under this section may also be used to imple
ment 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 Feder
al Water Pollution Control Act.
image:
STATE PROGRAMS TO ESTABLISH WELLHEAD PROTECTION AREAS
SEC. H'28. (a) STATE PROGRAMS.—The Governor or Governor's des
ignee of each State shall, within 3 years of the date of enactment »f
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 en-
tities, and public water supply systems with respect to the devel-
opment and implementation of programs required by this sec-
tion;
(2) for each wellhead, determine the wellhead protection area
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 ad-
verse 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 contami-
nants; 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 pro-
gram for wellhead areas. Such procedure shall include notice and
opftortunity for public hearing on the State program before it is sub-
mi it ted to the Administrator.
(c) DISAPPROVAL.—
(1) IN GENERAL.—If in the judgment of the Administrator, a
State program (or portion thereof, including the definition of a
wellhead protection area), is not adequate to protect public
water systems as required by this section, the Administrator
.thaiI disapprove such program (or portion thereop. A State pro-
gram developed pursuant to subsection (a) shall be deemed to be
adeauate 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. If the Acviin-
istrator determines that a proposed State rm"Tr"r>* > •- .-,,.
39
tion thereof) is inadequate, the Administrator shall submit a
written statement of the reasons for such determination of the
Governor of the State.
(2) MODIFICATION AND RESUBMISSION.—Within 6 months after
receipt of the Administrator's written notice under paragraph
(I) that any proposed State program, (or portion thereof) is inad-
equate, the Governor or Governor's designee, shall modify the
program based upon the recommendations of the Administrator
ana resubmit the modified program to the Administrator.
(d) FEDERAL ASSISTANCE.—After the date S years after the enact-
ment of this section, no State shall receive funds authorized to be
appropriated under this section except for the purpose of implement-
ing the program and requirements of paragraphs (4) and (6) of sub-
section (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 advene
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 contami-
nants 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 engi-
neering pump tests or comparable data, field reconnaissance, topo-
graphic 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 ac-
tivities authorized by the Federal Water Pollution Control Act,
the Solid Waste disposal Act, the Comprehensive Environmen-
tal Response, Compensation, and Liability Act of 1980, or other
sections of this Act.
(2) INDIVIDUAL SOURCES.—No funds authorized to be appro-
priated 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 bi-
ennial 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 i**?™'
mentality of the executive lppi.«lnti>H> n*J ;,,j;~;~> ». *•--."
image:
•ID
Federal Government having jurisdiction over any potential source of
contaminants identified by u State program pursuant to the provi-
sions of subsectit, iaXJ) shall be subject to and comply with all re-
quirements of the State program developed according to subsection
(aX4) applicable to such potential source of contaminants, both sub-
stantive and procedural, in the same manner, and to the same
extent, as any other person is subject to such requirements, includ-
ing payment of reasonable charges and fees. The President may
exempt any potential source under the jurisdiction of any depart-
ment, 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 specifi-
cally requested such appropriation as part of the budgetary process
and the Congress shall nave failed to make available such requested
appropria lions.
(i) ADDITIONAL REQUIREMENT.—
(1) IN GENERAL.—In addition to the provisions of subsection
(a) of this section, States i-i 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 pro-
vides protection from contaminants which may have any ad-
verse effect on the health of persons and which are associated
with the annular injection or surface disposal of brines associ-
ated 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 Admin-
istrator the State pro/gram certified under this subsection is not
being adequately enforced, the Administrator shall disapprove
the State program submitted under subsection (a) of this sec-
tion.
(j) COORDINATION WITH OTHER LAWS.—Nothing in this section
shall authorize or require any department, agency, or other instru-
mentality of the Federal Government or State or local government to
apportion, allocat; or otherwise regulate the withdrawal or benefi-
cial 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 pro-
gram is disapproved under this section, the Administrator shull
make grants to the State for not less than SO or more than 90 per-
cent of the cost incurred by a State (as determined by the Adminis-
trator) 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:
41
Fiscal ycur
19X7
I9MH
19X9
1990
1991
M.OW.OOt-
J5.000.tMK:
35.000. (MX/
J5.000.0UO
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 prom
sion of alternative water supplies by persons who caused or contnb
uted to the endangerment, and (2) commencing a civil action for ap-
propriate relief, including a restraining order or permanent or tern
porary injunction.
(b) Any person who wittfo% violates or fails or refuses to comply
with any order issued by the Administrator under subsection (aX 1)
may, in an action brought in the appropriate United States district
court to enforce such order, be (wed m mere UtM subject to a cwil
penalty of not to exceed $5,000 for each day in which such violation
occurs or failure to comply continues.
TAMPERING WITH PUBLIC WATER SYSTEMS
Ssc. 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 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.
image:
42
ll) 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 person*.
PART E—GENERAL PROVISIONS
ASSURANCE OP 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 permanganic, caustic soda, or
other chemical or substance for the purpose of treating water in
any public water system or in any public treatment works deter-
mines 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 Administra-
tor for a certification (hereinafter in this section referred to as a
"certification of need") that the amount of such chemical or sub-
stance 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.
(bXD An application for a certification of need shall be in such
form and submitted in such manner as the Administrator may re-
quire 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 Admin-
istrator shall (A) publish in the Federal Register a notice of the re-
ceipt of the application and a brief summary of it, (B) notify in
writing each person whom the President or his delegate (after con-
sultation with the Administrator) determines could be made sub-
ject to an order required to be issued upon the issuance of the certi-
fication of need applied for in such application, and (C) provide an
opportunity for the submission of written comments on such appli-
cation. The requirements of the preceding sentence of this para-
graph 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 th» 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 au-
thorized 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 issu-
ance of a certification of need.
(cKD If the Administrator finds that the amount of a chemical or
substance necessary for an applicant under an nr>nli''«H""
43
ted 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, dis-
tributors, 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, pro-
duces, 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 manu-
facturers, 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 sub-
stance; and orders which are to be issued under paragraph (1) to
distributors and repackagers of a chemical or substance shall be eq-
uitably apportioned, as far as practicable, among all distributions
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 pre-
ceding sentence, consider—
(A) the geographical relationship and established commercial
relationships between such manufacturers, producers, proces-
sors, 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 ac-
cordance 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 expira-
tion 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 sub-
section (cXD, that such delay or failure was caused solely by com-
pliance with such order.
image:
44
(eXD Whoever knowingly fails to comply with any order issued
pursuant to subsection (cXD 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 (cXD 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 (cXD, he may petition a
United States district court to issue a temporary restraining order
or preliminary or permanent injunction (including a mandatory in-
junction) to enforce the provisions of such order.
(0 No certification of need or order issued under this section may
remain m effoet—
(3) after September 3Q; 4083;
whichovof «eenn finfe in effect more than one year.
RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, AND TRAINING OF
PERSONNEL
SEC. 1442. (aXD The Administrator may conduct research, stud-
ies, and demonstrations relating to the causes, diagnosis, treat-
ment, control, and prevention of physical and mental diseases and
other impairments of man resulting directly or indirectly from con-
taminants in water, or to the provision of a dependably safe supply
of drinking water, including—
(A) improved methods (i) to identify and measure the exist-
ence of contaminants in drinking water (including methods
which may be used by State and local health and water offi-
cials), and (ii) to identify the source of such contaminants;
(B) improved methods to identify and measure the health ef-
fects 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 purifica-
tion and distribution, and nethods of assessing health related
hazards of drinking water; and
(E) improved methods of protecting underground water
sources of public water systems from contamination.
(2XA) 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 supervi-
sion programs (as defined in section 1443(cXD).
(B) The Administrator is authorized to provide technical assist-
ance and to make grants to States, or publicly owned water sys-
tems to assist in responding to and alleviating any emergency situ-
ation affecting public water systems (including sources of water for
such systems) with the Administrator determines to present sub-
stantial 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
45
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 author-
ized 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 ap-
propriations for any such other program shall apply to amounts ap-
propriated under this subparagraph.
(3XA) The Administrator shall conduct studies, and make period-
ic reports to Congress, on the costs of carrying out regulations pre-
scribed 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 re-
vised national primary drinking water regulations and the an-
ticipated costs to States and units of local governments in im-
plementing 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 regula-
tions, 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 assist-
ing 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 indus-
trial 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 ana-
lyze the items required in clauses (i) through (v) separately with re-
spect to public water systems serving small communities. The
report required by this subparagraph shall include such recommen-
dations as the Administrator deems appropriate.
(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 reason-
ably 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 un-
derground injection which do not result in the degradation of un-
derground drinking water sources.
(6) The Administrator shall carry out a study of methods of pre-
venting, detecting, and dealing with surface spills of ront*»minan»u
image:
which may degrade underground water sources for public water
systems.
(7) The Administrator shall carry out a study of virus contamina-
I ion of drinking water sources and means of control of such con-
tamination.
(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) aban-
doned injection or extraction wells; (B) intensive application of pes-
ticides and fertilizers in underground water recharge areas; and (C)
(xrnds, pools, lagoons, pits, or other surface disposal of contami-
nants 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 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.
(11) 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 con-
tamination, and means of removing, treating, or otherwise control-
ling such contamination. To assist in carrying out this paragraph,
the Administrator is authorized to make grants to public agencies
and private nonprofit institutions.
(b) In carrying out this title, the Administrator is authorized to—
(1) collect and make available information pertaining to re-
search, investigations, and demonstrations with respect to pro-
viding a dependably safe supply of drinking water together
with appropriate recommendations in connection therewith;
(2) make available research facilities of the Agency to appro-
priate public authorities, institutions, and individuals engaged
in studies and research relating to the purposes of this title;
(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
47
(C) to develop and expand the capability of programs of
State 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»).
(c) Not later than eighteen months after the date of enactment of
this subsection, the Administrator shall submit a report to Con-
gress on the present and projected future availability of an ade-
quate 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 com-
peting uses of water, the availability and use of methods to con-
serve 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 re-
solved 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 possi-
ble.
(d) The Administrator shall—
(1) provide training for, and make grants for training (includ-
ing postgraduate training) of (A) personnel of State agencies
which have primary enforcement responsibility and of agencies
of units of local government to which enforcement responsibil-
ities 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 (in-
cluding grants to educational institutions for traineeships) for
purposes of qualifying such individuals to work as personnel
referred to in paragraph (1).
Reasonable fees may be charged for training provided under para-
graph (1KB) to persons other than personnel of State or local agen-
cies but such training shall be provided to personnel of State or
local agencies without charge.
(e) The Administrator is authorized to make grants to a public
water system which is required, under State or local law, to meet
standards relating to drinking water turbidity which are more
stringent than the standards in effect pursuant to this title. Such
grants shall be used by the public water system for the develop-
ment and demonstration (including construction and installation)
of any water filtration system which will demonstate a new or im-
proved method of meeting such more stringent standards.
(f) There are authorized to be appropriated to carry out the pro-
visions of this section, other than subsection (aX2XB) 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 appropri-
ated to carry out subsection (aX2XB) $8,000,000 for each of the fiscal
years 1978 through 1982. There are authorized to be appropriated to
carry out subsection (aX2XB) not more than the following amount*:
image:
48
Fiscal year
1987
1988
1989
1990
1991
Amount
Fiscal year:
1987
1988
1989
1990
1991
7.6W.OOO
X.OAO.OOO
H.OAO.OOO
H.050.000
There are authorized to be appropriated to carry out the provisions
of this section (other than subsection (g), subsection (aX2kB), and
provisions relating to research), not more than the following
amounts:
Amuunt
$J5,600.000
.15,600.000
3SMO.OOO
3S.OW.OOO
38,020,000
(g) The Administrator is authorized to provide technical assist-
ance to small public water systems to enable such systems to achieve
and maintain compliance with national drinking water regulations.
Such assistance may include "circuit-rider"programs, training, and
preliminary engineering studies. There are authorized to be appro-
priated to carry out this subsection $10,000,000 for each of the fiscal
years 1987 through 1991. Not less than the greater of—
(1) 3 percent of the amounts appropriated under this subsec-
tion, or
(2) $280,000
shall be utilized for technical assistance to public water systems
owned or operated by Indian tribes.
GRANTS FOR STATE PROGRAMS
SEC. 1443. (aXD 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 applica-
tion therefor has been submitted to the Administrator in such form
and manner as he may require. The Administrator may not ap-
prove 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 system 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 maintained 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!)
(4) In each fiscal year the Administrator shall, in ao.-onl.iru
with regulations, allot the sums appropriated for such year und<-
paragraph (5) among the States on the basis of population, ne<
graphical area, number of public water systems, and other relevan
factors. No State shall receive less than 1 per centum of the annua
appropriation for grants under paragraph (1): Provided, That tin
Administrator may by regulation, reduce such percentage in ac-
cordance with the criteria specified in this paragraph: And pmvul
ed further, That such percentage shall not apply to grants allottee
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 t<.
a SA.ate through fiscal year 1979 but such prohibition may only be
waived if, in the judgment of the Administrator—
(A) the State is making diligent effort to assume and main
tain primary enforcement responsibility for public water ays
terns 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 pn
mary enforcement responsibility by October 1, 1979.
The amount of any grant awarded for the fiscal years 197K and
1979 pursuant to a waiver under this paragraph may not exceed 7f>
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 re
sponsibility before the beginning of fiscal year 1980. At the begin
ning of each fiscal years 1979 and 1980 the amounts retained by
the Administrator for any preceding fiscal year and not awarded
by the beginning fiscal year 1979 or 1980 to the States to which
such amounts were originally allotted may be removed from the
original allotment and real lot ted 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) For the purposes of making grants under paragraph (1) there
are authorized to be appropriated $15,000,000 for the fiscal year
ending June 30, 1976, $25,000,000 for the fiscal year ending June
30, 1977, $35,000,000 for fiscal year 1978, $45,000,000 for fiscal year
1979, $29,450,000 for the fiscal year ending September 30. 19HO,
$32,000,000 for the fiscal year ending September 30, 1981, and
$34,000,000 for the fiscal year ending September 30, 1982 For the
purposes of making grants under paragraph (1) there are authorized
to be appropriated not more than the following amounts:
image:
Fiscal yi'ar
19ft? t-l*
198X i7.Mt.mn
19X9 40.1511.000
1990 40.1511,000
1991 40.150.000
(bXl) From allotments made pursuant to paragraph (4), the Ad-
ministrator may make grants to States to carry out underground
water source protection programs.
(2) No grant may be made under paragraph (1) unless an applica-
tion 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 Ad-
ministrator promulgates regulations for State underground injec-
tion control programs under section 1421. The prohibition con-
tained 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 recipent'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 under-
ground 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, geo-
graphical 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:
Amount
$19,700.000
19.700.000
20.8SO.OOO
iO.8SO.OOO
20.850.000
Fiscal year:
1987
1988
1989
1990
1991
(c) For purposes 01 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 sec-
tions 1415 and 1416) which are no less stringent than the na-
tional primary drinking water regulations under section 1412,
and for keeping records and making reports required by sec-
tion 1413(aX3).
(2) The term "underground water source protection pro-
gram" means a program for the adoption and pnforremet t of a
section 1421 and for keeping records and making reports re-
quired by section 1422<bXlKAXii). Such term includes, where
applicable, a program which meets the requirements of section
1425.
SPECIAL STUDY AND DEMONSTRATION PROJECT GRANTS; GUARANTEED
LOANS
SEC. 1444 (at The Administrator may make grants to any person
for the purposes of—
(1) assisting in the development and demonstration (includ-
ing construction) of any project which will demonstrate a new
or improved method, approach, or technology, for providing a
dependable safe supply of drinking water to the public; and
(2) assisting in the development and demonstration (includ-
ing 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 proc-
esses 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% per
centum of the total cost of construction of any facility, and 75
per centum of any other costs, as determined by the Adminis-
trator.
(2) Grants under this section shall not be made for any
project involving the construction or modification of any facili-
ties for any public water system in a State unless such project
has been approved by the State 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, or technol-
ogies 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 re-
quire 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 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 drinking
water regulations (including interim regulations) prescribed under sec-
tion 1412. No such guarantee may be made with respect to a
system unless (1) such system cannot reasonably obtain financial
image:
52
assistance necessary to comply with regulations from any other
source, and (2) the Administrator determines that any facilities
constructed with a loan guaranteed under this subsection is noi
likely to he made obsolete by subsequent changes in primary regu-
lations. The aggregate amount of indebtedness guaranteed with re-
spect to any system may not exceed $50,000. The aggregate amount
of indebtness guaranteed under this subsection may not exceed
$50,000,000. The Administrator shall prescribe regulations to carry
out this subsection.
RECORDS AND INSPECTIONS
SKC. 1445. (aW Every person who is a supplier of water, who is
or may be otherwise subject to a primary drinking water regula-
tion 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, shall establish
and maintain such records, make such reports, conduct such moni-
toring, and provide such information as the Administrator may
reasonably require by regulation to assist him in establishing regu-
lations under this title, i > 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 consider-
ation the system size and the contaminants likely to be found in the
system s drinking water.
(2) Not later than 18 months after enactment of the Safe Drinking
Water Act Amendments of 1986, the Administrator shall promul-
gate 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 require-
ments 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 con-
taminants 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 i ddition 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 Adminis-
trator shall approve or disapprove such an assessment submitted by
a State within 60 days. A State may add contaminants, in accord-
ance with these criteria, without making an assessment, but in no
event shall such additions increase Federal expenditures authorized
bv 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 es-
tablished 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 ex-
pended to carry out the provisions of this subsection.
(bXD 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 sup-
plier of water or other person subject to (A) a national primary
drinking water regulation prescribed under section 1412, (B) an ap-
plicable underground injection control program, or (C) any require-
ment to monitor an unregulated contaminant pursuant to subsec-
tion (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 infor-
mation 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 adminis-
tration of the State's program of primary enforcement responsibil-
ity, take such showing into consideration in determining whether
to make such entry. No State agency which receives notice under
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this paragraph of an entry proposed to be made under paragraph
(11 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 Gen-
eral, or representatives of either, to enter and conduct any audit or
inspection authorized by subsection (bl urn? be (m«d net mw* thMt
#M**^ shall be subject to a civil penalty of not to exceed $25,000.
UlNl) Subject to paragraph (2), upon a showing satisfactory to the
\dministrator by any person that any information ra,:iired 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 pur-
poses of section 1905 of title 18 of the United States Code. If the
applicant fails to make a showing satisfactory to the Administra-
tor, 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 dis-
closed to other officers, employees, or authorized representatives of
the United States concerned with carrying out this title or to com-
mittees 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 sub-
section 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 Administra-
tor 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 guaranty under this title, and (2) the term
"person" includes a Fedei agency.
NATIONAL DRINKING WATER ADVISORY COUNCIL
Sec. 1446. (a) There is established a National Drinking Water Ad-
visory Council which shall consist of fifteen members appointed by
the Administrator after consultation with the Secretary. Five mem-
bers 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 hy-
giene and public water supply. Each member of the Council shall
hold office for a term of three years, except that—
(1) any member appointed to fill a vacancy occuring prior to
the expiration of the term for which his predecessor was ap-
pointed shall be appointed for the remainder of such term; and
55
(2) the terms of the members first taking office shall expire
as follows: Five shall expire three years after the date of enact-
ment 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 recommen-
dations 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 other-
wise engaged in business of the Council, receive compensation and
allowances at the rate to be fixed by the Administrator, but not ex-
ceeding the daily equivalent of the annual rate of basic pay in
effect for grade GS-1H of the General Schedule for each day (in-
cluding travel time) 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 ex-
penses, 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.
FEDERAL AGENCIES
SEC. 1447. (a) Each Federal agency (1) having jurisdiction over
any federally owned or maintained public water system or (2) en-
gaged in any activity resulting, or which may result in, under-
ground injection which endangers drinking water (within the
meaning of section 1421(dM2)) shall be subject to, and comply with,
all Federal, State, and local requirements, administrative authori-
ties, 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 nongovern-
mental entity. The preceding sentence shall apply (A) to any re-
quirement whether substantive or procedural (including any rec-
ordkeeping 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 in-
terest of national security. The Administrator shall maintain a
written record of the basis upon which such waiver was srranted
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and make such record available for in camera examination when
relevant in a judicial proceeding under this title. Upon the issu
ance of such a waiver, the Administrator shall publish in the Fed-
eral Register a notice that the waiver was granted for national se-
curity purposes, unless, upon the request of the Secretary of De-
fense, the Administrator determines to omit such publication be-
cause 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 Mouse
of Representatives.
IcKll 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.
JUDICIAL REVIEW
SEC. 1448. (a) A petition for review of—
H-) o«tM»n «t the Adminiutfiuof m promulgating any national primary
drinking water regulation ««4er mitten 141'ii, o*y regulation wnder Meetion
141 «t(bM 1), <Hty regulation under fleetten HI4(c). w»y regulation for State
regulation for the adminiotration ef thw title may he (Mod only in the
(I) actions pertaining to the establishment of national pri-
mary drinking water regulations (including maximum contami-
nant level goals) may be filed only in the United States Court of
Appeals for the District of Columbia circuit; and
(4) aettefi ef the Adminiotrator m promulgating any ether regulation
tWroNWl tntvv* WW WWO nifty OO nfvtt ORIV fcft inv UlllioG AWratta OUUrl fft ftp
peak for the appropriate etMttife
(2) any other action of the Administrator under this Act may
be filed in the circuit in which the petitioner resides or trans-
acts business which is directly affected by the action.
Any such petition shall be Tiled within the 45-day period beginning
on the date of the promulgation of the regulation or issuance of the
order with respect to which review is sought or on the date of the
determination with respect to which review is sought, and may be
Hied 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 ju-
dicial review in any civil or criminal proceeding for enforcement or
in any civil action to enjoin enforcement.
(b) The United States district courts shall have jurisdiction of ac-
tions brought to review (1) the granting of, or the refusing to grant,
a variance or exemption under section 1415 or 1416 or (2) the re-
quirements of any schedule prescribed for a variance or exemption
under such section or the failure to prescribe such a schedule. Such
57
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 de-
termination 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 sat-
isfaction 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 Adminis-
trator may modify his findings as to the facts, or make new find-
ings, 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.
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 Constitu-
tion) who is alleged to be in violation of any requirement pre-
scribed 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.
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 begin-
ning 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 par
ites, to enforce in an action brought under this subsection any re-
quirement prescribed by or under this title or to order the Admin-
istrator 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 (aMl) of this section respecting violation
of a requirement prescribed bv or under thin titl*—
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58
(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 compli-
ance 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 (aX2) of this section prior to sixty days
after the plaintiff has given notice of such action to the Admin-
istrator.
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 At-
torney 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 in-
junction is sought, require the filing of a bond or equivalent securi-
ty 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 ad-
ministrative 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.
GENERAL PROVISIONS
SEC. 1450. (aXD The Administrator is authorized to prescribe
such regulations as are necessary or appropriate to carry out his
functions under this title.
59
(2) The Administrator may delegate any of his functions under
this title (other than prescribing regulations) to any officer or em-
ployee 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 employ-
ees 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 Adminis-
trator may assign personnel of the Agency to such State or inter-
state agency for the purposes of carrying out the provisions of this
title.
(dXD 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 re-
imbursement, 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 in-
stitution" means an agency or institution no part of the net earn-
ings 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 Secre-
tary of Labor shall have, with respect to the labor standards speci-
fied in this subsection, the authority and functions set forth in Re-
organization 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 rea-
sonable time, the Attorney General notifies the Administrator that
he will appear in such action, attorneys appointed by the Adminis-
trator 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 of the Senate and the Com-
mittee on Interstate and Foreign Commerce of the House of Repre-
sentatives 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 sub-
sequent report of the Administrator under this subsection shall in-
clude 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 submis-
sion beyond the dav DresrrihpH for ita onKmioo^r. o«/» — -•• ~..w~:»
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60
to such committees of Congress its comments repecting any such
report.
(iXl) No employer nay discharge any employee or otherwise dis-
criminate against any employee with respect to his compensation,
terms, conditions, or privileges of employment because the employ-
ee (or any person acting pursuant to a request of the employee)
has—
(A) commenced, caused to be commenced, or is about to com-
mence or cause to be commenced a proceeding under this title
or a proceeding for the administration or enforcement of drink-
ing water regulations or underground injection control pro-
grams 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.
12XA) Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation of para-
graph (1) may, within 30 days after such violation occurs, file (or
have any person Hie on his behalf) a complaint with the Secretary
of Labor (hereinafter in this subsection referred to as the "Secre-
tary") 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.
(BMi) Upon receipt of a complaint Tiled 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 Secre-
tary 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 complain-
ant.
(ii) If in response to n complaint filed under subparagraph (A) the
Secretary determines that a violation of paragraph (1) has oc-
curred, 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 to-
gether with the compensation (including back pay), terms, condi-
tions, and privileges of his employment, (III) compensatory dam-
ages, 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 (in-
cluding attorneys' fees) reasonably incurred, as determined hv th<>
61
Secretary, by the complainant for, or in connection with, the bring-
ing of the complaint upon which the order was issued.
(3KA) 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 viola-
tion, with respect to which the order was issued, allegedly oc-
curred. 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 (2KB), 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. Civil actions filed under
this paragraph shall be heard and decided expeditiously.
(5) Any nondiscretionary duty imposed by this section is enforce-
able 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.
INDIAN TRIBES
SBC. 1451. (a) IN GENERAL.—Subject to the provisions of subsec
tion (b), the Administrator—
(I) is authorized to treat Indian Tribes as States under this
title
(2) may delegate such Tribes primary enforcement responsibil-
ity for public water systems and for underground injection con-
trol, 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 Tribe 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;'
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62
(C) the Indian TVifte is reasonably expected to be capable,
in the Administrator's judgment, of carrying out the func-
tions 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 INAPPROPRI-
ATE.—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 promul-
gated under this section, other means for administering such
provision in a manner that wil achieve the purpose of the provi-
sion. Nothing in this section shall be construed to allow Indian
Tribes to assume or maintain primary enforcement responsibil-
ity 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 enforce-
ment jurisdiction for purposes of complying with the preceding
sentence.
Sections of P.L. 99-339 Which Do Not Amend the Safe Drinking
Water Act
SEC. 109. (c) BAN ON LEAD WATER PIPES, SOLDER, AND FLUX IN
VA AND HUD INSURED OR ASSISTED PROPERTY.—
(1) PROHIBITION.—The Secretary of Housing and Urban De-
velopment and the Administrator of the Veterans' Administra-
tion may not insure or guarantee a mortgage or furnish assist-
ance with respect to newly constructed residential property
which contains a potable water system unless such system uses
only lead free pipe, solder, and flux.
(2) DEFINITION OF LEAD FREE.—For purposes of paragraph (1)
the term "lead free"—
(A) when used with respect to sojders and flux refers to
solders and flux containing not more than 0.2 percent lead,
and
(B) when used with respect to pipes and pipe fittings
refers to pipes and pipe fittings containing not more than
8.0 percent lead.
(3) EFFECTIVE DATE.—Paragraph (1) shall become effective 24
months after the enactment of this Act.
(d) LEAD SOLDER AS A HAZARDOUS SUBSTANCE.—
(1) IN GENERAL.—Section 2(fXl) of the Federal Hazardous
Substances Act is amended by adding the following at the end
thereof:
"(E) Any solder which has a lead content in excess of 0.2 per-
cent.".
(2) LABELING.—Section 4 of the Federal Hazardous Sub-
stances Act is amended by adding the following at the end
thereof:
"(k) The introduction or delivery for introduction into interstate
commerce of any lead solder which has a lead content in excess of
0.2 percent which does not prominently display a warning label
stating the lead content of the solder and warning that the use of
63
such solder in the making of joints or fittings in any private or
public potable water supply system is prohibited."
(3) EFFECTIVE DATE.—The amendments made by this subsec-
tion shall become effective 24 months after the enactment of
this Act.
SEC. 201. (c) SECTION 7010.—<1) Section 7010(c) of the Solid Waste
Disposal Act is amended by striking "sections 7002 and 7003 of this
Act" and inserting in lieu thereof "the provisions of this Act".
(2) Section 7010 of the Solid Waste Disposal Act is renumbered as
section 3020 and inserted after section 3019 of such Act. Section
7012 of such Act is renumbered as section 7010. The item relating
to section 7010 in the table of contents for such Act is renumbered
as section 3020 and inserted after the item relating to section 3019.
The item relating to section 7012 in the table of contents for such
Act is renumbered as section 7010. Such table of contents is further
amended by inserting after section 3015 the following new item:
"Sec. 3016. Inventory of Federal Agency hazardous waste facilities.".
SEC. 302. (e) STUDY.—The Administrator of the Environmental
Protection Agency, in cooperation with the Director of the Indian
Health Service, shall, within 12 months after the enactment of this
Act, conduct a survey of drinking water on Indian reservations,
identifying drinking water problems and the need, if any, for alter-
native drinking water supplies.
SEC. 304. (b) COMPARATIVE HEALTH EFFECTS ASSESSMENT.—The
Administrator of the Environmental Protection Agency shall con-
duct a comparative health effects assessment, using available data,
to compare the public health effects (both positive and negative) as-
sociated with water treatment chemicals and their byproducts to
the public health effects associated with contaminants found in
public water supplies. Not later than 18 months after the date of
the enactment of this Act, the Administrator shall submit a report
to the Congress setting forth the results of such assessment.
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