THE SAFE DRINKING WATER ACT - GPO

1 GOVERNMENT PRINTING OFFICEWASHINGTON : 167 528 CCCOMMITTEE PRINT!"106 THCONGRESS2nd SessionS. 59 THE safe DRINKING WATER ACTAS AMENDED BYTHE safe DRINKING WATER ACT OF 1996 PUBLIC LAW 104 182, AUGUST 6, 1996 Printed for the use of the Committee on Environment and Public WorksFor sale by the Government Printing OfficeSuperintendent of Documents, Congressional Sales office , Washington, DC 20402 COMMITTEE ON ENVIRONMENT AND PUBLIC WORKSONE HUNDRED SIXTH CONGRESSBOB SMITH, New Hampshire, ChairmanJOHN W. WARNER, VirginiaJAMES M. INHOFE, OklahomaCRAIG THOMAS, WyomingCHRISTOPHER S. BOND, MissouriGEORGE V. VOINOVICH, OhioMICHAEL D. CRAPO, IdahoROBERT F. BENNETT, UtahKAY BAILEY HUTCHISON, TexasLINCOLN CHAFEE, Rhode IslandMAX BAUCUS, MontanaDANIEL PATRICK MOYNIHAN, New YorkFRANK R.

2 LAUTENBERG, New JerseyHARRY REID, NevadaBOB GRAHAM, FloridaJOSEPH I. LIEBERMAN, ConnecticutBARBARA BOXER, CaliforniaRON WYDEN, OregonDAVECONOVER, Staff DirectorTOMSLITER, Minority Staff Director(II)(III)1 This table of contents is not part of title XIV of the Public Health Service Act but is setforth for the convenience of the users of this OF CONTENTS FOR TITLE XIV OF THE PUBLICHEALTH SERVICE ACT ( safe DRINKING WATER ACT )1 TITLE XIV SAFETY OF PUBLIC WATER SYSTEMSSec. 1400. Short title ..1 PARTA DEFINITIONSSec. 1401. Definitions ..1 PARTB PUBLICWATERSYSTEMSSec. 1411. Coverage ..4 Sec. 1412. National DRINKING WATER regulations ..4 Sec. 1413. State primary enforcement responsibility ..24 Sec. 1414.

3 Enforcement of DRINKING WATER regulations ..25 Sec. 1415. Variances ..36 Sec. 1416. Exemptions ..42 Sec. 1417. Prohibition on use of lead pipes, solder, and flux ..46 Sec. 1418. Monitoring of 1419. Operator 1420. Capacity PROTECTION OFUNDERGROUNDSOURCES OFDRINKINGWATERSec. 1421. Regulations for State programs ..56 Sec. 1422. State primary enforcement responsibility ..58 Sec. 1423. Enforcement of program ..60 Sec. 1424. Interim regulation of underground injections ..63 Sec. 1425. Optional demonstration by States relating to oil or natural gas ..64 Sec. 1426. Regulation of State programs ..65 Sec. 1427. Sole source aquifer demonstration program ..65 Sec. 1428. State programs to establish wellhead protection areas.

4 69 Sec. 1429. State ground WATER protection EMERGENCYPOWERSSec. 1431. Emergency powers ..73 Sec. 1432. Tampering with public WATER systems ..74 PARTE GENERALPROVISIONSSec. 1441. Assurance of availability of adequate supplies of chemicals nec-essary for treatment of WATER ..75 Sec. 1442. Research, technical assistance, information, training of personnel .77 Sec. 1443. Grants for State programs ..81 Sec. 1444. Special study and demonstration project grants; guaranteed loans85 Sec. 1445. Records and inspections ..86 Sec. 1446. National DRINKING WATER Advisory Council ..92 Sec. 1447. Federal agencies ..93 Sec. 1448. Judicial review ..96 Sec. 1449. Citizen s civil action ..97 Sec. 1450. General provisions ..98 Sec. 1451.

5 Indian tribes ..101 Sec. 1452. State revolving loan 1453. Source WATER quality 1454. Source WATER petition 1455. WATER conservation 1456. Assistance to 1457. Estrogenic substances screening 1458. DRINKING WATER ADDITIONALREQUIREMENTSTOREGULATE THESAFETY OFDRINKINGWATERSec. 1461. Definitions ..121 Sec. 1462. Recall of DRINKING WATER coolers with lead-lined tanks ..122 Sec. 1463. DRINKING WATER coolers containing lead ..122 Sec. 1464. Lead contamination in school DRINKING WATER ..123 Sec. 1465. School DRINKING WATER Federal assistance for State programsregarding lead contamination in school DRINKING (1)1 This title, the safe DRINKING WATER Act , consists of title XIV of the Public Health ServiceAct (42 300f 300j 9) as added by Public Law 93 523 (Dec.)

6 16, 1974) and the amend-ments made by subsequent safe DRINKING WATER ACTAS AMENDED BYTHE safe DRINKING WATER ACT OF 1996 NOTEA mendments made by Public Law 104 182 are shown as follows:Existing law omitted is enclosed in black brackets , new matteris printed in italic, existing law in which no change occurs is shownin roman:TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT (THESAFE DRINKING WATER ACT)1[As amended by 104 182, August 6, 1996]TITLE XIV SAFETY OF PUBLIC WATER SYSTEMSSHORT TITLESEC. 1400. This title may be cited as the safe DRINKING WaterAct .PARTA DEFINITIONSDEFINITIONSSEC. 1401. For purposes of this title:(1) The term primary DRINKING WATER regulation means aregulation which (A) applies to public WATER systems;(B) specifies contaminants which, in the judgment ofthe Administrator, may have any adverse effect on thehealth of persons.

7 (C) specifies for each such contaminant either (i) a maximum contaminant level, if, in the judg-ment of the Administrator, it is economically and tech-nologically feasible to ascertain the level of such con-taminant in WATER in public WATER systems, or(ii) if, in the judgment of the Administrator, it isnot economically or technologically feasible to so ascer-2tain the level of such contaminant, each treatmenttechnique known to the Administrator which leads toa reduction in the level of such contaminant sufficientto satisfy the requirements of section 1412; and(D) contains criteria and procedures to assure a supplyof DRINKING WATER which dependably complies with suchmaximum contaminant levels; including accepted methodsfor quality control and testing procedures to insure compli-ance with such levels and to insure proper operation andmaintenance of the system, and requirements as to (i) theminimum quality of WATER which may be taken into thesystem and (ii) siting for new facilities for public watersystems.

8 At any time after promulgation of a regulation re-ferred to in this paragraph, the Administrator may addequally effective quality control and testing procedures byguidance published in the Federal Register. Such proce-dures shall be treated as an alternative for public watersystems to the quality control and testing procedures listedin the regulation.(2) The term secondary DRINKING WATER regulation meansa regulation which applies to public WATER systems and whichspecifies the maximum contaminant levels which, in the judg-ment of the Administrator, are requisite to protect the publicwelfare. Such regulations may apply to any contaminant indrinking 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 systemproviding such WATER to discontinue its use, or (B) which mayotherwise adversely affect the public welfare.

9 Such regulationsmay vary according to geographic and other circumstances.(3) The term maximum contaminant level means themaximum permissible level of a contaminant in WATER which isdelivered to any user of a public WATER system. (4) The (4) PUBLIC WATER SYSTEM. (A) IN GENERAL. The term public WATER system means a system for the provision to the public of pipedwater for human consumption WATER for human consump-tion through pipes or other constructed conveyances, if suchsystem has at least fifteen service connections or regularlyserves at least twenty-five individuals. Such term includes A (i) any collection, treatment, storage, and distributionfacilities under control of the operator of such system andused primarily in connection with such system, and B (ii) any collection or pretreatment storage facilities notunder such control which are used primarily in connectionwith such system.

10 (B) CONNECTIONS. (i) IN GENERAL. For purposes of subparagraph(A), a connection to a system that delivers WATER by aconstructed conveyance other than a pipe shall not beconsidered a connection, if (I) the WATER is used exclusively for purposesother than residential uses (consisting of DRINKING ,bathing, and cooking, or other similar uses);3(II) the Administrator or the State (in the caseof a State exercising primary enforcement respon-sibility for public WATER systems) determines thatalternative WATER to achieve the equivalent level ofpublic health protection provided by the applicablenational primary DRINKING WATER regulation is pro-vided for residential or similar uses for drinkingand cooking.