UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                                                                            WSG55
                                                            Date Signed: July 23, 1990
SUBJECT:    Delegations of Authority for the Public Water System Supervision
             Program

FROM:       Raymond Enyeart, Chief (signed by Raymond Enyeart)
             State Programs Management Section

TO:          Holders of the PWSS Policy Directives Manual
      Attached is the complete set of the Delegations of Authority currently in effect for the
Public Water System Supervision Program. Also attached is a current index of these delegations.

      If you have any questions about the delegations, please give me a call on
260-5551.
*Note: Please see the following website for an updated list of delegations for the PWSS
program: http://intranet.epa.gov/rmpolicy/ads/dm/index9.htm.

-------
                                                                                                WSG55
                                               DELEGATIONS
                                                     FOR
                         PUBLIC WATER SYSTEM SUPERVISION PROGRAM

                                                 CHAPTER 9
                                                APRIL 3,1989
DEL #        SUBJECT

9- 1            Certification of Potable Water Supplies

9- 3            Certification of Laboratories and Responsible
               State Officials

9- 4            Determination of State Primary Enforcement
               Responsibility: Public Water Systems

9- 5            Conduct Annual Review & Determine Compliance
               or Non-Compliance with the Requirements for
               Primary Enforcement Responsibility

9- 6            Reports by States

9- 7 A          Finding & Notification of Noncompliance:
               Part B

9-8            Review & Issuance of Variances

9-9            Receipt & Issuance of Exemptions

9-10           Making Available Information & Agency
               Facilities & Providing Training Assistance

9-11           To Issue Public Water System Supervision
               Grants

9-12           Inspections and Information Gathering

9- 14           Monitoring of Consecutive Public Water Systems
DATE
OF LAST
UPDATE

7/25/84

7/25/84


7/25/84


7/25/84
7/25/84


7/25/84

7/25/84
SDWA
SECTION

PHSA361

1412


1413


1413
7/25/84
11/6/86
7/25/84
7/25/84
7/25/84
1413
1414
1415
1416
1442
1443
1445

-------
                                                                                                      WSG55
DEL#

9-15


9-16A

9-16B

9-16C


9-16D


9-17

9-31


9-32



9-33A



9-33B



9-33C


9-36
9-38
SUBJECT

Safe Drinking Water Occupational Training
Assistance

Civil Judicial Enforcement Actions

Criminal Enforcement Actions

Settlement or Concurrence in Settlement
of Civil Judicial Enforcement Actions

Emergency Temporary Restraining Orders


Emergency Administrative Powers

Authority to Allot & Reallot Grant Funds for
the Public Water System Supervision Program

Administrative Enforcement Authority Under
Part B:  Proposed & final Orders & Agency
Representation in Hearings

Administrative Penalty Under Part B:
Penalty Assessments, Issuing Complaints,
& Negotiating & Signing Consent Agreements

Administrative Penalty Under Part B: Agency
Representation in the Hearings, Negotiating
and Signing of Consent Agreements & Appeals

Appeals of Part B:  Administrative Penalty
Orders

Determining that a State is not Enforcing
the Prohibition on Use of Lead Pipes,
Solder & Flux; & Withholding of Federal
Funds

Treatment of Indian Tribes as States: Public
Water Systems and Underground Injection
Control
DATE
OF LAST
UPDATE

7/25/84


3/27/84

11/3/86

7/25/84


3/31/83


7/25/84

7/25/84


11/3/86



11/3/86



11/3/86



11/3/86


11/3/86
SDWA
SECTION

1442


1450

1450

1450


1431
1450\

1431

1443


1414



1414



1414



1414


1417
4/3/89
1451

-------
                                                                          WSG55

                                                         Date of last update: 07/25/84
                                                          SDWA Section: PHSA361
                          SAFE DRINKING WATER ACT

                      9-1. Certification of Potable Water Supplies

1.     AUTHORITY. To make certifications with respect to potable water supplies that meet
      the Drinking Water Standards, pursuant to the Public Health Service Act, Section 361, as
      amended by the Safe Drinking Water Act.

2.     TO WHOM DELEGATED. Regional Administrators.

3.     REDELEGATION AUTHORITY. This authority may be redelegated.

4.     ADDITIONAL REFERENCES. 42 CFR Part 72.

-------
                                                                              WSG55

                                                          Date of Last Update:  07/25/84
                                                              SDWA Section:      1412
                            SAFE DRINKING WATER ACT

              9-3.  Certification of Laboratories and Responsible State Officials

1.      AUTHORITY. To certify laboratories conducting analytical measurements of drinking
       water contaminants and to certify the officials of the State responsible for the State's
       certification program in accordance with Section 1412 of the Safe Drinking Water Act.

2.      TO WHOM DELEGATED.  Regional Administrators.

3.      LIMITATIONS.

       a.     The Regional Administrators or their designees are required to be certified by the
             Assistant Administrator for Research and Development prior to exercising this
             authority.

       b.     The authority to prescribe the requirements for a national quality assurance
             program for certification of laboratories conducting analytical measurements  of
             drinking water contaminants is reserved to the Administrator.

4.      REDELEGATION AUTHORITY. This authority may be redelegated to the Division
       Director level.

5.      ADDITIONAL REFERENCES. 40 CFR Part 142.10(W3-4).

-------
                                                                              WSG55

                                                           Date of Last Update: 07/25/84
                                                               SDWA Section:     1413
                            SAFE DRINKING WATER ACT

              9-4.  Determination of State Primary Enforcement Responsibility:
                                 Public Water Systems

1.      AUTHORITY. To determine whether a State has primary enforcement responsibility for
       public water systems in accordance with Section 1413 of the Safe Drinking Water Act
       (SDWA) and 40 CFR Part 142.10, and to notify a State and provide opportunity for
       public hearings on such determinations in accordance with Section 1413 of SDWA.

2.      TO WHOM DELEGATED.  Regional Administrators.

3.      LIMITATIONS.

       a.     Regional Administrators are required to obtain concurrence from the Assistant
             Administrators for Water and Enforcement and Compliance Monitoring, and the
             General Counsel, or their designees, prior to making a final determination.

       b.     The Office of Water, the Office of General Counsel, and the Office of
             Enforcement and Compliance Monitoring may waive the concurrence limitation
             on a case-by-case basis. The Regional Administrators will be responsible for
             maintaining  a record of any waiver of this limitation.

       c.     The authority to prescribe the manner in which a State may apply for  a
             determination, the manner in which the  determination is made, and the period for
             which the determination is effective, as  set forth in Section 1413(b)(l) of SDWA,
             is reserved to the Administrator.

       d.     The authority to promptly notify the chief executive officer of each State under
             Section 1413(b)(l) of SDWA is reserved to the Administrator.

       e.     Regional Administrators shall notify the Assistant Administrator for Water of
             determinations and public hearings.

4.      REDELEGATION AUTHORITY. This authority may not be redelegated.

5.      ADDITIONAL REFERENCES. 40 CFR Parts  142.11. 142.12. 142.13.

-------
                                                                              WSG55

                                                           Date of Last Update: 07/25/84
                                                               SDWA Section:     1413
                            SAFE DRINKING WATER ACT

                    9-5.   Conduct Annual Review and Determine
                          Compliance/Non-Compliance with the
                          Requirements for Primary Enforcement Responsibility

1.      AUTHORITY.

       a.     To annually review, for each State determined to have primary enforcement
             responsibility, the continued compliance of the State with the requirements set
             forth in 40 CFR 142.10.

       b.     To notify the  State that it no longer meets the requirements set forth in 40 CFR
             142.10, if that is the determination.

       c.     To conduct public hearings on such determinations and to make the final
             determination after any such public hearings in accordance with Section 1413 of
             the Safe Drinking Water Act.

2.      TO WHOM DELEGATED.  Regional Administrators.

3.      LIMITATIONS.

       a.     When the Regional Administrator's annual review reveals a change in the State's
             statute, regulation, or enforcement authorities, the Regional Administrator is
             required to  obtain concurrence from the Assistant Administrators for Water and
             Enforcement and Compliance Monitoring, and the General Counsel, or their
             designees, prior to any determination of continued compliance/non-compliance
             with the requirements of 40 CFR 142.10.

       b.     The Office  of Water,  the Office of General  Counsel, and the Office of
             Enforcement and Compliance Monitoring may waive this concurrence limitation
             on a case-by-case basis. The Regional Administrator will be responsible for
             maintaining a record of any waiver of this limitation.

       c.     Regional Administrators are required to notify the Office of Water prior to any
             determination that a State no longer meets the requirements of 40 CFR  142.10.

       d.     Regional Administrators shall  submit a report to the Office of Water whenever

-------
                                                                         WSG55
            he/she determines that a State no longer meets the requirements of 40 CFR
            142.10.
                          SAFE DRINKING WATER ACT

                  9-5.   Conduct Annual Review and Determine
                         Compliance/Non-Compliance with the
                         Requirements for Primary Enforcement Responsibility
                         (Cont'cT)
4.     REDELEGATION AUTHORITY.  This authority may not be redelegated.

5.     ADDITIONAL REFERENCES.  40 CFR Parts 142.12 and 142.13.

-------
                                                                           WSG55

                                                        Date of Last Update:  07/25/84
                                                            SDWA Section:     1413
                           SAFE DRINKING WATER ACT

                                9-6. Reports by States
1.     AUTHORITY. To receive reports by States with primary enforcement responsibility
      pursuant to 40 CFR Part 142.15 in accordance with Section 1413 of the Safe Drinking
      Water Act.

2.     TO WHOM DELEGATED. Regional Administrators.

3.     LIMITATIONS. Regional Administrators are to forward a copy of their reports to the
      Assistant Administrator for Water.

4.     REDELEGATION AUTHORITY.  This authority maybe redelegated to the Division
      Director level.

5.     ADDITIONAL REFERENCES. 40 CFR Part 142.15.

-------
                                                                              WSG55

                                                          Date of Last Update:  11/06/86
                                                              SDWA Section:     1414

                            SAFE DRINKING WATER ACT

                9-7-A. Finding and Notification of Noncompliance - Part B

1.     AUTHORITY.  To perform the EPA functions relating to enforcement and technical
      assistance pursuant to the safe Drinking Water Act, Part B, in regard to:

      A.     finding that a public water system does not comply with applicable regulations or
             other requirements;

      b.     notifying the primacy State, public water system,  and the public of such a finding;

      c.     finding that the primacy State did not commence  an appropriate enforcement
             action;

      d.     providing notice, where appropriate, to the primacy State, pubic water system,
             persons served by it, and the public of public hearings; and

      e.     providing, where appropriate, advice and technical assistance to the primacy State
             and public water system; and, following public hearings conducted pursuant to
             Section 1414(f) of the Safe Drinking Water Act, issuing recommendations and
             notifying the State, public water system, and the public of such recommendations.

2.     TO WHOM DELEGATED. Regional Administrators.

3.     LIMITATIONS. The delegatees of the Regional Administrators must consult with
      Regional Counsel before exercising authorities l.a, b and c, and before issuing
      recommendations under authority I.e.

4.     REDELEGATION AUTHORITY. This authority may be redelegated.

5.     ADDITIONAL REFERENCES.

      a.     Section 1414 of the SDWA.

      b.     Section 1445 of the SDWA.

      c.     40 CFR Parts 141 and 142.

      d.     Guidance on PWS Administrative Order Procedures.
                                                           Date of last Update: 07/25/84


                                          10

-------
                                                                              WSG55

                                                               SDWA Section:     1415
                            SAFE DRINKING WATER ACT

                          9-8. Review and Issuance of Variances

1 .      AUTHORITY. To issue variances in those States which do not have primary
       enforcement responsibility and to review State issued variances, pursuant to Section 1415
       of the Safe Drinking Water Act.

2.      TO WHOM DELEGATED. Regional Administrators.

3.      LIMITATIONS.

       a.     The authority to define generally available technology for purposes of granting
             variances from any treatment technology is reserved to the Administrator.

       b.     The Regional Administrators are required to notify the Assistant Administrator for
             Water of all variances issued.

       c.     The Regional Administrators are required to notify the Assistant Administrator for
             Water prior to prescribing monitoring and other requirements pursuant to Section
       d.     Notification by the State of a granting of a variance pursuant to Section
             1415(a)(l)(C) will be received by the Regional Administrator who is responsible
             for communicating such information to the Assistant Administrator for Water.

4.      REDELEGATION AUTHORITY. This authority may not be redelegated.

5.      ADDITIONAL REFERENCES. 40 CFR Parts 142.22, 142.23, 142.24, and 142.40
       through 142.46.
                                          11

-------
                                                                           WSG55

                                                        Date of Last Update: 07/25/84
                                                            SDWA Section:    1416
                           SAFE DRINKING WATER ACT

                        9-9. Receipt and Issuance of Exemptions
1.     AUTHORITY. To receive requests for exemptions and to issue exemptions for any
      public water system within a State that does not have primary enforcement responsibility
      and to review State issued exemptions pursuant to Section 1416 of the Safe Drinking
      Water Act.

2.     TO WHOM DELEGATED. Regional Administrators.

3.     LIMITATIONS. The Regional Administrators are required to notify the Assistant
      Administrator for Water of exemptions issued and schedules approved.

4.     REDELEGATION AUTHORITY.  This authority may not be redelegated.

5.     ADDITIONAL REFERENCES.  40 CFR Parts 142.22, 142.23, 142.24, and 142.50
      through 142.55.
                                        12

-------
                                                                               WSG55

                                                           Date of Last Update: 07/25/84
                                                               SDWA Section:     1442
                            SAFE DRINKING WATER ACT

             9-10. Making Available Information and Agency Facilities and
                    Providing Training Assistance
1.      AUTHORITY. To perform the EPA functions and responsibilities relative to collecting
       and making available information; making available Agency facilities; and approving
       grants or cooperative agreements for training projects and for the development and
       expansion of programs of States and municipalities pursuant to Sections 1442(b)(l),
       1442(b)(2), 1442(b)(3), and 1442(d)(2) of the Safe Drinking Water Act.

2.      TO WHOM DELEGATED.

       a.     Assistant Administrator for Water;

       b.     Regional Administrators; and

       c.     Through the Assistant Administrator for External affairs to the Director, Office of
             Public Affairs.

3.      LIMITATIONS.

       a.     Research activities are not included in this delegation.

       b.     The authority delegated to the Director, Office of Public Affairs is limited to
             awarding public awareness assistance under Sections 1442(b)(l) and (b)(3).

       c.     The authority delegated to the Regional Administrators does not include Section
             1442(d)(2).

4.      REDELEGATION AUTHORITY.  This authority may be redelegated to the Division
       Director level.
                                           13

-------
                                                                          WSG55

                                                       Date of Last Update:  07/25/84
                                                           SDWA Section:     1443
                          SAFE DRINKING WATER ACT

                 9-11. To Issue Public Water System Supervision Grants
1.     AUTHORITY. To approve grants to States to carry out public water system supervision
      programs under Section 1443(a) of the Safe Drinking Water Act.

2.     TO WHOM DELEGATED.  Regional Administrators.

3.     REDELEGATION AUTHORITY. The authority may be redelegated to the Division
      Director level.

4.     ADDITIONAL REFERENCES. 40 CFR Part 30: CFR Part 35. Subpart A: 40 CFR Part
      142.
                                        14

-------
                                                                              WSG55

                                                           Date of Last Update: 07/25/84
                                                               SDWA Section:     1445
                            SAFE DRINKING WATER ACT

                       9-12.  Inspections and Information Gathering
1.      AUTHORITY.

       a.     To perform the duties and responsibilities relative to reviewing records and
             conducting inspections under the Safe Drinking Water Act (SDWA).

       b.     To obtain and execute warrants for the purpose of performing an inspection or
             conducting information gathering pursuant to SDWA.

       c.     To carry out or require the carrying out of any other inspection and information
             gathering activities authorized by SDWA.

       d.     To designate representatives of the Administrator to perform the functions
             specified in paragraphs  1 .a - 1 .c.

2.      TO WHOM DELEGATED.  The Assistant Administrator for Water, Assistant
       Administrator for Enforcement and Compliance Monitoring, and Regional
       Administrators.

3.      LIMITATIONS.

       a.     The Assistant Administrator for Water and the Regional Administrators must
             consult with the Assistant Administrator for Enforcement and Compliance
             Monitoring or his designee prior to obtaining warrants.

       b.     The Assistant Administrator for Enforcement and Compliance Monitoring and the
             Assistant Administrator for Water must notify the appropriate Regional
             Administrator prior to exercising any of the authorities specified in paragraphs l.a
             -I.e.

       c.     The Assistant Administrator for Enforcement and Compliance Monitoring may
             waive the consultation requirement by memorandum.

4.      REDELEGATION AUTHORITY. This authority may be redelegated.
                                          15

-------
                                                                             WSG55
                           SAFE DRINKING WATER ACT

                   9-12. Inspections and Information Gathering (Cont'd.)
5.     ADDITIONAL REFERENCES.

      a.     Section 1445 of SDWA.

      b.     Once the Assistant Administrator for Water issues guidance for the use of
             contractor inspectors, all such inspectors should only be used pursuant to that
             guidance.
                                         16

-------
                                                                            WSG55

                                                         Date of Last Update:  07/25/84
                                                              SDWA Section:
                           SAFE DRINKING WATER ACT

                  9-14. Monitoring of Consecutive Public Water Systems
1.     AUTHORITY. To perform the duties and responsibilities relative to the review of and
      granting concurrence to any schedules set by a State in connection with modification of
      the monitoring requirements relating to consecutive public water systems.

2.     TO WHOM DELEGATED. Regional Administrators.

3.     REDELEGATION AUTHORITY. This authority may be redelegated to the Division
      Director level.

4.     ADDITIONAL REFERENCES. 40 CFR Part 141.29.
                                         17

-------
                                                                              WSG55

                                                           Date of Last Update: 07/25/84
                                                               SDWA Section:     1442
                            SAFE DRINKING WATER ACT

                9-15.  Safe Drinking Water Occupational Training Assistance


1.      AUTHORITY. To approve grants or cooperative agreements to any public agency,
       educational institution and any other organizations for training projects authorized by
       Sections 1442(b)(3)(A), 1442(b)(3)(B) and 1442(d)(l) of the Safe Drinking Water Act, as
       amended.

2.      TO WHOM DELEGATED.

       a.     The Assistant Administrator for Water;

       b.     The Assistant Administrator for Research and Development; and

       c.     Regional Administrators.

3.      LIMITATIONS. The authority delegated to the Assistant Administrator for Research and
       Development is limited to multi-disciplinary training assistance initiated and funded by
       ORD or training assistance initiated and funded by an office other than the primary holder
       of training grant authority.

4.      REDELEGATION AUTHORITY. This authority may be redelegated to the Division
       Director level.
                                          18

-------
                                                                               WSG55

                                                           Date of Last Update:  03/27/84
                                                               SDWA Section:     1450
                            SAFE DRINKING WATER ACT

                       9-16-A.  Civil Judicial Enforcement Actions
1.      AUTHORITY. To cause civil judicial actions to be commenced or to intervene in suits
       commenced pursuant to the Safe Drinking Water Act (SDWA); to request the Attorney
       General to appear and represent the Agency in any civil enforcement actions instituted
       under SDWA; to determine that the Attorney General has failed or refused to appear and
       represent the Agency in any SDWA civil enforcement action; to appear and represent the
       Agency in any SDWA action where the Attorney General has refused or failed to appear
       and represent the Agency, to request the Attorney general to initiate an appeal and
       represent the Agency in such an appeal; and to initiate an appeal and represent the
       Agency when the Attorney General fails to do so.

2.      TO WHOM DELEGATED. Assistant Administrator for Enforcement and Compliance
       Monitoring, General Counsel and Regional Administrators.

3.      LIMITATIONS.

       a.     The Regional Administrators may exercise this authority only in regard to
             commencing civil actions under SDWA, intervening in civil actions commenced
             under SDWA, requesting the Attorney General to appear and represent the
             Agency in civil actions under SDWA and, where appropriate, appearing and
             representing the Agency in any civil actions under SDWA exclusive of appeals.
             The Regional Administrators may designate only Regional Counsel attorneys to
             represent the Agency.

       b.     The Regional Administrators may exercise this authority only in cases specified in
             agreements between authorized representatives of the Agency and the Department
             of Justice.

       c.     The Assistant Administrator for Enforcement and Compliance Monitoring must
             notify the Assistant Administrator for Water and the appropriate Regional
             Administrator when he or she refers to a case to the Department of Justice and
             when he or she formally initiates an appeal.

       d.     The General Counsel may only exercise this authority in regard to appeals.
                                          19

-------
                                                                             WSG55

                           SAFE DRINKING WATER ACT

                   9-16-A.  Civil Judicial Enforcement Actions, (cont'd.)
      e.     Any exercise of the appeal authority will be done jointly by the General Counsel
             and the Assistant Administrator for Enforcement and Compliance Monitoring.

      f.     The Regional Administrators must notify the Assistant Administrator for Water
             and the Assistant Administrator for Enforcement and Compliance Monitoring
             when they refer cases to the Department of Justice.

4.     REDELEGATION AUTHORITY. This authority may be redelegated.

5.     ADDITIONAL REFERENCES.

      a.     Memorandum of Understanding between the Agency and the Department of
             Justice, June 1977; Direct referral agreement memorialized in letter of September
             29, 1983, from Alvin L. Aim, Deputy Administrator, to F. Henry Habicht,
             Assistant Attorney General, regarding direct referrals; Sections 1414, 1423, 1431
             and!450(f)ofSDWA.

      b.     For referrals of requests for emergency SDWA Temporary Restraining Orders, see
             chapter 9 delegation entitled "Emergency TRO's."
                                         20

-------
                                                                           WSG55

                                                         Date of Last Update: 11/03/86
                                                            SDWA Section:     1450
                           SAFE DRINKING WATER ACT

                         9-16-B. Criminal Enforcement Actions


1.     AUTHORITY. To cause criminal enforcement actions under the Safe Drinking Water
      Act (SDWA) to be referred to the Department of Justice for assistance in field
      investigation, for initiation of a grand jury investigation or for prosecution under the
      SDWA.

2.     TO WHOM DELEGATED.  Assistant Administrator for Enforcement and Compliance
      Monitoring.

3.     REDELEGATION AUTHORITY.  These authorities may be redelegated to the Associate
      Enforcement Counsel level.

4.     ADDITIONAL REFERENCES.

      a.     Sections 1423(b) and 1424(c) of SDWA.

      b.     Section 144 l(e) of SDWA.

      c.     Section 1432(a) and (b) of SDWA.
                                        21

-------
                                                                             WSG55

                                                          Date of Last Update:  07/25/84
                                                             SDWA Section:     1450
                           SAFE DRINKING WATER ACT

             9-16-C.       Settlement or Concurrence in Settlement
                          Of Civil Judicial Enforcement Actions

1.     AUTHORITY.  To settle or exercise the Agencys concurrence in the settlement of civil
      judicial enforcement actions under the Safe Drinking Water Act (SDWA); to amend a
      consent decree pursuant to a civil judicial enforcement action under SDWA; and to
      request the Attorney General to amend an enforcement consent decree entered under
      SDWA.

2.     TO WHOM DELEGATED.  Assistant Administrator for Enforcement and Compliance
      Monitoring.

3.     LIMITATIONS. The Assistant Administrator for Enforcement and Compliance
      Monitoring must obtain the concurrence of the Agency official who initiated the case
      (that is, either the Assistant Administrator for Water or designee or the appropriate
      Regional Administrator or designee) before exercising this authority.

4.     REDELEGATION AUTHORITY. This authority may be redelegated.
                                         22

-------
                                                                            WSG55

                                                        Date of Last Update:  03/31/83
                                                           SDWA Section: 1431/1450
                           SAFE DRINKING WATER ACT

                              9-16-D. Emergency TRO's
1.     AUTHORITY. To refer requests for emergency Temporary Restraining Orders under the
      Safe Drinking Water Act (SDWA) to the Department of Justice and to the appropriate
      United States Attorney.

2.     TO WHOM DELEGATED.  Regional Administrators and the Associate Administrator
      for Legal and Enforcement Counsel or his Designee when exercising this authority.

3.     LIMITATIONS.

      a.     The Regional Administrators must notify the Associate Administrator for Legal
             and Enforcement Counsel.

      b.     The Associate Administrator for Legal and Enforcement Counsel must notify the
             appropriate Regional Administrator or his designee when exercising this
             authority.

4.     REDELEGATION AUTHORITY. This authority may not be redelegated.

5.     ADDITIONAL REFERENCES.

      a.     Memorandum of Understanding between the Agency and the Department of
             Justice, June 1977; Sections 1431 and 1450(f) of SDWA.

      b.     For referral of other civil actions under SDWA, see Delegation 9-16-A.

      c.     For issuance of emergency administrative orders regarding public water systems,
             see Delegation 9-17.

             (New Delegation)
                                         23

-------
                                                                             WSG55

                                                          Date of Last Update: 07/25/84
                                                              SDWA Section:     1431
                            SAFE DRINKING WATER ACT

                         9-17. Emergency Administrative Powers
1.     AUTHORITY. To receive information, take action, determine the practicality of
      consultation, consult with States and local authorities, and issue emergency
      administrative orders pursuant to the Safe Drinking Water Act (SDWA).

2.     TO WHOM DELEGATED. Regional Administrators and Assistant Administrator for
      Water.

3.     LIMITATIONS.

      a.     The Assistant Administrator for Water may exercise these authorities in multi-
             Regional cases or cases of national significance. In addition, the Assistant
             Administrator for Water must consult in advance with the Assistant Administrator
             for Enforcement and Compliance Monitoring or his designee and must notify any
             affected Regional Administrators or their designees when exercising the authority
             to issue orders.

      b.     The Assistant Administrator for Enforcement and Compliance Monitoring and the
             Assistant Administrator for Water may waive their respective consultation
             requirements by memorandum.

4.     REDELEGATION AUTHORITY.  This  authority may be redelegated.

5.     ADDITIONAL REFERENCES. Section 1431 of SDWA.
                                         24

-------
                                                                            WSG55

                                                         Date of Last Update:  07/25/84
                                                             SDWA Section:     1443
                           SAFE DRINKING WATER ACT

      9-31.  Authority to Allot and Reallot Grant Funds for the Public
             Water System Supervision Program

1.     AUTHORITY. To allot among the States the Public Water System Supervision Program
      grant funds appropriated by Congress each year, as provided for in Section 1443(a)(4) of
      the Safe Drinking Water Act (SDWA); and to reallot any unobligated funds to eligible
      States.

2.     TO WHOM DELEGATED.  The Assistant Administrator for Water.

3.     REDELEGATION AUTHORITY. This authority may be redelegated to the Director,
      Office of Drinking Water.

4.     ADDITIONAL REFERENCES. SDWA.  Section 1413: 40 CFR Part 30: 40 CFR 35.
      Subpart A; and 40 CFR Part 142.
                                        25

-------
                                                                              WSG55

                                                          Date of Last Update:  11/03/86
                                                              SDWA Section:     1414
                            SAFE DRINKING WATER ACT

       9-32.  Administrative Enforcement Authority Under Part B: Proposed and
             Final Orders and Agency Representation in Hearings

1.      AUTHORITY. Pursuant to the Safe Drinking Water Act (SDWA), Part B: to issue
       proposed orders requiring compliance; to provide the primacy State an opportunity to
       confer; to conduct and represent the Agency in a pubic hearing; to amend or withdraw
       proposed orders requiring compliance; and to issue final orders requiring compliance.

2.      TO WHOM DELEGATED. Regional Administrators and the Assistant Administrator for
       Water.

3.      LIMITATIONS.

       a.     The Assistant Administrator for Water may exercise the above authorities in
             multi-regional cases and in cases of national significance.

       b.     The Assistant Administrator for Water must consult with the Office of
             Enforcement and Compliance Monitoring before exercising any of the above
             authorities.

       c.     The Regional Administrators may exercise the above authorities only for those
             cases initiated by the Regions.

       d.     the delegatees of the Regional Administrators must  consult with Regional
             Counsel before exercising the above authorities.

4.      REDELEGATION AUTHORITY. These authorities may be redelegated.

5.      ADDITIONAL REFERENCES.

       a.     See the Chapter 9 delegations entitled:

             (1)    "Civil Judicial Enforcement Actions."

             (2)    "Emergency Administrative Powers."

       b.     Section 1414(a)(l)(A) and (B), (f), (g)(l) and (g)(2) of the SDWA.
                                          26

-------
                                                                      WSG55

c.      Section 1445 of the SDWA.



                     SAFE DRINKING WATER ACT

9-32.   Administrative Enforcement Authority Under Part B: Proposed and
       Final Orders and Agency Representation in Hearings (Cont'd)
d.     Guidance on Headquarters involvement in the Issuances by Regions of the first
      Proposed and Final Administrative Orders.

e.     Guidance on PWS Administrative Order Procedures.
                                  27

-------
                                                                              WSG55

                                                           Date of Last Update: 11/03/86
                                                               SDWA Section:     1414

                            SAFE DRINKING WATER ACT

9-33-A.      Administrative Penalty Under Part B: Penalty Assessments. Issuing
             Complaints, and Negotiating and Signing Consent Agreements

1.      AUTHORITY. Pursuant to the Safe Drinking Water Act (SDWA): to assess a penalty
       against any person in violation of any administrative order issued under Part B of the
       SDWA; to issue, amend or withdraw complaints; and to negotiate and sign consent
       agreements between the Agency and respondents.

2.      TO WHOM DELEGATED.  Regional Administrators and the Assistant Administrator for
       Water.

3.      LIMITATIONS.

       a.     These authorities may only be exercised prior to the alleged violator's filing an
             answer or failure to file a timely answer to a complaint.

       b.     The Assistant Administrator for Water may exercise the above authorities in
             multi-regional cases and  in cases of national significance.

       c.     The Assistant Administrator for Water must consult with the Assistant
             Administrator for Enforcement  and Compliance Monitoring or designee before
             exercising any of the above authorities.

       d.     The Regional Administrators may exercise the above authorities only for those
             cases initiated by the Regions.

       e.     The delegatees of the Regional Administrators must consult with Regional
             Counsel before exercising the above authorities.

       f.     The Agency official authorized  to sign the complaint should sign the consent
             agreement.

4.      REDELEGATION AUTHORITY. These authorities may be redelegated to the Division
       Director level. The authority to negotiate settlements may be redelegated further.

5.      ADDITIONAL REFERENCES.

       a.     Section 1414(g)(l) and (3)  of the SDWA.

       b.     Section 1445 of the SDWA.
                                          28

-------
                                                                              WSG55

                            SAFE DRINKING WATER ACT

9-33-A.      Administrative Penalty Under Part B: Penalty Assessments. Issuing
             Complaints, and Negotiating and Signing Consent Agreements, (cont'd.)


       c.     40 CFR Part 22.

       d.     Guidance on Procedures for Assessing Civil Penalties in an Administrative Order
             Pursuant to Section 1414(g)(3)(B) of the SDWA.

       e.     Guidance on Headquarters Involvement in the Issuances by Regions of the First
             Proposed and Final Administrative Orders.

       f.     Chapter 9 Delegation entitled "Administrative Penalty Under Part B: Agency
             Representation in the Hearings, Negotiating and Signing of Consent Agreements
             and Appeals" for authorities once the alleged violator files or fails to file an
             answer to the complaint.
                                          29

-------
                                                                              WSG55

                                                           Date of Last Update: 11/03/86
                                                               SDWA Section:     1414
                            SAFE DRINKING WATER ACT

       9-33-B.       Administrative Penalty Under Part B: Agency Representation in the
                    Hearings. Negotiating and Signing of Consent Agreements and Appeals

1.      AUTHORITY.

       a.     To represent EPA in civil penalty adjudications conducted under the penalty
             section of Part B of the Safe Drinking Water Act (SDWA) and 5 U.S.C. Section
             554;

       b.     To negotiate consent agreements between the Agency and respondents resulting
             form such enforcement actions;

       c.     To sign consent agreements;

       d.     To initiate appeals from administrative determinations; and

       e.     To represent the Agency in such appeals.

2.      TO WHOM DELEGATED. Regional Administrators and the Assistant Administrator for
       Enforcement and Compliance Monitoring.

3.      LIMITATIONS.

       a.     These authorities may only be exercised after the alleged violator either files an
             answer or fails to file a timely answer.

       b.     The Assistant Administrator for Enforcement and Compliance Monitoring may
             exercise the above authorities for those cases which were initiated by
             Headquarters.

       c.     The Regional Administrators may exercise the above authorities only for those
             cases which were initiated by the Regions.

       d.     The Assistant Administrator for Enforcement and Compliance Monitoring must
             notify the appropriate Regional Administrator or designee before exercising the
             above authorities.
                                          30

-------
                                                                             WSG55

                            SAFE DRINKING WATER ACT

       9-33-B.       Administrative Penalty Under Part B: Agency Representation in the
                    Hearings. Negotiating and Signing of Consent Agreements and Appeals.
                    (cont'd.)

       e.     The Assistant Administrator for Enforcement and Compliance Monitoring must
             notify the Assistant Administrator for Water or designee before initiating an
             appeal.

       f.     The Regional Administrators must obtain concurrence from the Assistant
             Administrator for Enforcement and Compliance Monitoring or designee before
             initiating an appeal.

       g.     The Regional Administrators or delegatees shall consult with the Assistant
             Administrator for Enforcement and Compliance Monitoring or designee any time
             they do not recommend an appeal of an adverse decision.

4.      REDELEGATION AUTHORITY. This authority may be redelegated.

5.      ADDITIONAL REFERENCES.

       a.     Section 1414(g)(l) and (3) of the SDWA.

       b.     Section 1445 of the SDWA.

       c.     Guidance on Headquarters Involvement in the Issuances by Regions of the first
             Proposed and Final Administrative Orders.

       d.     Guidance on Procedures for Assessing Civil Penalties in an Administrative Order
             Pursuant to Section 1414(g)(3)(B) of the SDWA.

       e.     40 CFR Part 22.
                                         31

-------
                                                                              WSG55

                                                           Date of Last Update: 11/03/86
                                                               SDWA Section:     1414
                            SAFE DRINKING WATER ACT

                  9-33-C. Appeals of Part B Administrative Penalty Orders

1.      AUTHORITY. To serve as final deciding official in all adjudicatory appeals proceedings
       under Part B of the Safe Drinking Water Act.

2.      TO WHOM DELEGATED. The Chief Judicial Officer.

3.      LIMITATIONS. The Chief Judicial Officer and delegatees may not be employed by the
       Office of Enforcement and Compliance Monitoring or by any program office directly
       associated with the type of violation at issue in the involved proceeding.

4.      REDELEGATION OF AUTHORITY.  This authority may be redelegated in individual
       proceedings to other Judicial Officers; provided, however, that decisions rendered
       pursuant to redelegated authority must be with the written concurrence of the Chief
       Judicial Officer. Nothing in this delegation shall preclude the Chief Judicial Officer from
       referring any motion or other matter in any proceeding to the Administrator when the
       Chief Judicial Officer determines referral to be appropriate.

5.      ADDITIONAL REFERENCES.

       a.     40 CFR Part 22.

       b.     Guidance on Headquarters Involvement in the First Issuances of Proposed and
             Final Administrative Orders for Compliance.

       c.     See the Chapter 1 Delegation entitled "Adjudicatory Proceedings."

       d.     Section 1414(g)(3)(B) of the SDWA.

       e.     Guidance on Procedures for Assessing Civil Penalties in an Administrative Order
             Pursuant to Section 1414(g)(3)(B) of the SDWA.
                                          32

-------
                                                                            WSG55

                                                         Date of Last Update:  11/03/86
                                                                SDWA Section: 1417
                           SAFE DRINKING WATER ACT

      9-36.  Determining that a State is not Enforcing the Prohibition on Use
             of Lead Pipes. Solder and Flux: and Withholding of Federal Funds
1.     AUTHORITY. To determine that a State is not enforcing the requirements in the
      prohibition on use of lead pipes, solder, and flux; and to withhold Federal funds available
      to any State which fails to enforce the prohibition, and public notice requirements.

2.     TO WHOM DELEGATED.  Regional Administrators.

3.     REDELEGATION AUTHORITY. This authority may not be redelegated.

4.     ADDITIONAL REFERENCES. Section 1417 of the SDWA.
                                         33

-------
                                                                              WSG55

                                                          Date of Last Update:  04/03/89
                                                              SDWA Section:     1451
                            SAFE DRINKING WATER ACT

             9-38.   Treatment of Indian Tribes as States: Public
                    Water Systems and Underground Injection Control

1.     AUTHORITY. To determine whether an Indian Tribe shall be treated as a State for
      purposes of the Public Water System and Underground Injection Control Programs in
      accordance with Section 1451 of the Safe Drinking Water Act. A separate determination
      must be made for the Public Water system and Underground Injection Control Programs.

2.     TO WHOM DELEGATED.  Regional Administrators.

3.     LIMITATIONS.

      a.     Regional Administrators are required to obtain concurrence from the Assistant
             Administrators for Water and Enforcement and Compliance Monitoring, and the
             General Counsel, or their designees, prior to making the first final determination
             for treatment of a Tribe as a State for each program in the Region.

      b.     The Office of Water and the Office of Enforcement and Compliance Monitoring
             may waive the concurrence limitation on a case-by-case basis. The Regional
             Administrators will be responsible for maintaining a record of any waiver of this
             limitation and sending a copy of any waiver to the Management and Organization
             Division (PM 213).

      c.     Any subsequent final  determinations in that program may be made by the
             Regional Administrator with the concurrence of the Regional Counsel.

4.     REDELEGATION OF AUTHORITY. The authority to approve the initial determination
      may not be redelegated. The  authority to approve any amendments to the initial
      determination or to approve any subsequent determinations may be redelegated to the
      Division Director level.

5.     ADDITIONAL REFERENCES. 40 CFR Parts  142.72, 142.76, 142.78, 145.52, 145.56,
      and 146.58.
                                          34

-------