42 USC 300j-13

SOURCE WATER QUALITY ASSESSMENT

(a) Source water assessment
(1) Guidance

Within 12 months after August 6, 1996, after notice and comment, the Administrator
shall publish guidance for States exercising primary enforcement responsibility for public
water systems to carry out directly or through delegation (for the protection and benefit of
public water systems and for the support of monitoring flexibility) a source water assess-
ment program within the State's boundaries. Each State adopting modifications to moni-
toring requirements pursuant to section 300g-7(b) of this title shall, prior to adopting such
modifications, have an approved source water assessment program under this section and
shall carry out the
program either directly or through delegation.
(2) Program requirements

A source water assessment program under this subsection shall-

(A) delineate the boundaries of the assessment areas in such State from which one or
more public water systems in the State receive supplies of drinking water, using all
reasonably available hydrogeologic information on the sources of the supply of drink-
ing water in the State and the water flow, recharge, and discharge and any other reli-
able information as the State deems necessary to adequately determine such areas;
and

(B) identify for contaminants regulated under this subchapter for which monitoring is
required under this subchapter (or any unregulated contaminants selected by the State,
in its discretion, which the State, for the purposes of this subsection, has determined
may present a threat to public health), to the extent practical, the origins within each
delineated area of such contaminants to determine the susceptibility of the public
water systems in the delineated area to such contaminants.

(3) Approval, implementation, and monitoring relief

A State source water assessment program under this subsection shall be submitted to the
Administrator within 18 months after the Administrator's guidance is issued under this
subsection and shall be deemed approved 9 months after the date of such submittal unless
the Administrator disapproves the program as provided in section 300h-7(c) of this title.
States shall begin implementation of the program immediately after its approval. The
Administrator's approval of a State program under this subsection shall include a time-
table, established in consultation with the State, allowing not more than 2 years for comple-
tion after approval of the program. Public water systems seeking monitoring relief in addi-
tion to the interim relief provided under section 300g-7(a) of this title shall be eligible for
monitoring relief, consistent with section 300g-7(b) of this title, upon completion of the
assessment in the delineated source water assessment area or areas concerned.
(4) Timetable

The timetable referred to in paragraph (3) shall take into consideration the availability to
the State of funds under section 300j-12 of this title (relating to State loan funds) for assess-
ments and other relevant factors. The Administrator may extend any timetable included
in a State program approved under paragraph (3) to extend the period for completion by
an additional 18 months.

(5) Demonstration project

The Administrator shall, as soon as practicable, conduct a demonstration project, in con-
sultation with other Federal agencies, to demonstrate the most effective and protective
means of assessing and protecting source waters serving large metropolitan areas and
located on Federal lands.

(6) Use of other programs

To avoid duplication and to encourage efficiency, the program under this section may
make use of any of the following:

(A) Vulnerability assessments, sanitary surveys, and monitoring programs.

(B) Delineations or assessments of ground water sources under a State wellhead protec-
tion program developed pursuant to this section.

(C) Delineations or assessments of surface or ground water sources under a State pesti-
cide management plan developed pursuant to the Pesticide and Ground Water State

Management Plan Regulation (subparts I and J of part 152 of title 40, Code of Federal
Regulations), promulgated under section 136a(d) of title 7.

(D) Delineations or assessments of surface water sources under a State watershed initia-
tive or to satisfy the watershed criterion for determining if filtration is required under
the Surface Water Treatment Rule (section 141.70 of title 40, Code of Federal Regula-
tions).

(E) Delineations or assessments of surface or ground water sources under programs or plans pursuant to the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.]. (7) Public availability

The State shall make the results of the source water assessments conducted under this subsection available to the public.

(b) Approval and disapproval

For provisions relating to program approval and disapproval, see section 300h-7(c) of this title. (July 1, 1944, ch. 373, title XIV, Sec. 1453, as added Pub. L. 104-182, title I, Sec. 132(a), Aug. 6, 1996, 110 Stat. 1673.)

References in Text

The Federal Water Pollution Control Act, referred to in subsec. (a)(6)(E), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

Section Referred to in Other Sections

This section is referred to in sections 300g-7, 300h-7, 300j-12, 300j-14 of this title.

SOURCE WATER PETITION PROGRAM

42 USC 300j-14

(a) Petition program

(1) In general

(A) Establishment

A State may establish a program under which an owner or operator of a community water system in the State, or a municipal or local government or political subdivision of a State, may submit a source water quality protection partnership petition to the State requesting that the State assist in the local development of a voluntary, incentive-based partnership, among the owner, operator, or government and other persons likely to be affected by the recommendations of the partnership, to

(i) reduce the presence in drinking water of contaminants that may be addressed by a petition by considering the origins of the contaminants, including to the maximum extent practicable the specific activities that affect the drinking water supply of a community;

(ii) obtain financial or technical assistance necessary to facilitate establishment of a partnership, or to develop and implement recommendations of a partnership for the protection of source water to assist in the provision of drinking water that complies with national primary drinking water regulations with respect to contaminants addressed by a petition; and

(iii) develop recommendations regarding voluntary and incentive-based strategies for the long-term protection of the source water of community water systems. (B) Funding

Each State may

(i) use funds set aside pursuant to section 300j-12(k)(1)(A)(iii) of this title by the State to carry out a program described in subparagraph (A), including assistance to voluntary local partnerships for the development and implementation of partnership recommendations for the protection of source water such as source water quality assessment, contingency plans, and demonstration projects for partners within a source water area delineated under section 300j-13(a) of this title; and

(ii) provide assistance in response to a petition submitted under this subsection using funds referred to in subsection (b)(2)(B) of this section.

(2) Objectives

The objectives of a petition submitted under this subsection shall be to

(A) facilitate the local development of voluntary, incentive-based partnerships among owners and operators of community water systems, governments, and other persons in source water areas; and

(B) obtain assistance from the State in identifying resources which are available to implement the recommendations of the partnerships to address the origins of drinking water contaminants that may be addressed by a petition (including to the maximum extent practicable the specific activities contributing to the presence of the contaminants) that affect the drinking water supply of a community.

(3) Contaminants addressed by a petition

A petition submitted to a State under this subsection may address only those contami

nants

(A) that are pathogenic organisms for which a national primary drinking water regulation has been established or is required under section 300g-1 of this title; or

(B) for which a national primary drinking water regulation has been promulgated or proposed and that are detected by adequate monitoring methods in the source water at the intake structure or in any collection, treatment, storage, or distribution facilities by the community water systems at levels

(i) above the maximum contaminant level; or

(ii) that are not reliably and consistently below the maximum contaminant level. (4) Contents

A petition submitted under this subsection shall, at a minimum

(A) include a delineation of the source water area in the State that is the subject of the petition;

(B) identify, to the maximum extent practicable, the origins of the drinking water contaminants that may be addressed by a petition (including to the maximum extent practicable the specific activities contributing to the presence of the contaminants) in the source water area delineated under section 300j-13 of this title;

(C) identify any deficiencies in information that will impair the development of recommendations by the voluntary local partnership to address drinking water contaminants that may be addressed by a petition;

(D) specify the efforts made to establish the voluntary local partnership and obtain the participation of—

(i) the municipal or local government or other political subdivision of the State with jurisdiction over the source water area delineated under section 300j-13 of this title; and

(ii) each person in the source water area delineated under section 300j-13 of this title(I) who is likely to be affected by recommendations of the voluntary local partnership; and

(II) whose participation is essential to the success of the partnership;

(E) outline how the voluntary local partnership has or will, during development and implementation of recommendations of the voluntary local partnership, identify, recognize and take into account any voluntary or other activities already being undertaken by persons in the source water area delineated under section 300j-13 of this title under Federal or State law to reduce the likelihood that contaminants will occur in drinking water at levels of public health concern; and

(F) specify the technical, financial, or other assistance that the voluntary local partnership requests of the State to develop the partnership or to implement recommendations of the partnership.

(b) Approval or disapproval of petitions

(1) In general

After providing notice and an opportunity for public comment on a petition submitted under subsection (a) of this section, the State shall approve or disapprove the petition, in whole or in part, not later than 120 days after the date of submission of the petition.

(2) Approval

The State may approve a petition if the petition meets the requirements established under subsection (a) of this section. The notice of approval shall, at a minimum, include for informational purposes

(A) an identification of technical, financial, or other assistance that the State will provide to assist in addressing the drinking water contaminants that may be addressed by a petition based on

(i) the relative priority of the public health concern identified in the petition with respect to the other water quality needs identified by the State;

(ii) any necessary coordination that the State will perform of the program established under this section with programs implemented or planned by other States under this section; and

(iii) funds available (including funds available from a State revolving loan fund estab lished under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.)) or section 300j-12 of this title;

(B) a description of technical or financial assistance pursuant to Federal and State programs that is available to assist in implementing recommendations of the partnership in the petition, including—

(i) any program established under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(ii) the program established under section 1455b of title 16;

(iii) the agricultural water quality protection program established under chapter 2 of
subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3838 et seq.);
(iv) the sole source aquifer protection program established under section 300h-6 of
this title;

(v) the community wellhead protection program established under section 300h-7 of
this title;

(vi) any pesticide or ground water management plan;

(vii) any voluntary agricultural resource management plan or voluntary whole farm or whole ranch management plan developed and implemented under a process established by the Secretary of Agriculture; and

(viii) any abandoned well closure program; and

(C) a description of activities that will be undertaken to coordinate Federal and State programs to respond to the petition.

(3) Disapproval

If the State disapproves a petition submitted under subsection (a) of this section, the State shall notify the entity submitting the petition in writing of the reasons for disapproval. A petition may be resubmitted at any time if

(A) new information becomes available;

(B) conditions affecting the source water that is the subject of the petition change; or (C) modifications are made in the type of assistance being requested.

The Administrator may make a grant to each State that establishes a program under this section that is approved under paragraph (2). The amount of each grant shall not exceed 50 percent of the cost of administering the program for the year in which the grant is available.

(2) Approval

In order to receive grant assistance under this subsection, a State shall submit to the Administrator for approval a plan for a source water quality protection partnership program that is consistent with the guidance published under subsection (d) of this section. The Administrator shall approve the plan if the plan is consistent with the guidance published under subsection (d) of this section.

(d) Guidance

(1) In general

Not later than 1 year after August 6, 1996, the Administrator, in consultation with the
States, shall publish guidance to assist-

(A) States in the development of a source water quality protection partnership program;

and

(B) municipal or local governments or political subdivisions of a State and community water systems in the development of source water quality protection partnerships and in the assessment of source water quality.

(2) Contents of the guidance

The guidance shall, at a minimum

(A) recommend procedures for the approval or disapproval by a State of a petition submitted under subsection (a) of this section;

(B) recommend procedures for the submission of petitions developed under subsection
(a) of this section;

(C) recommend criteria for the assessment of source water areas within a State; and
(D) describe technical or financial assistance pursuant to Federal and State programs that
is available to address the contamination of sources of drinking water and to develop
and respond to petitions submitted under subsection (a) of this section.

(e) Authorization of appropriations

There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 1997 through 2003. Each State with a plan for a program approved under subsection (b) of this section shall receive an equitable portion of the funds available for any fiscal year. (f) Statutory construction

Nothing in this section

(1) (A) creates or conveys new authority to a State, political subdivision of a State, or community water system for any new regulatory measure; or

(B) limits any authority of a State, political subdivision, or community water system; or (2) precludes a community water system, municipal or local government, or political subdivision of a government from locally developing and carrying out a voluntary, incentivebased, source water quality protection partnership to address the origins of drinking water contaminants of public health concern.

(July 1, 1944, ch. 373, title XIV, Sec. 1454, as added Pub. L. 104-182, title I, Sec. 133(a), Aug. 6, 1996, 110 Stat. 1675.)

References in Text

The Federal Water Pollution Control Act, referred to in subsec. (b)(2)(A)(iii), (B)(i), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. Title VI of the Act is classified generally to subchapter VI (Sec. 1381 et seq.) of chapter 26 of Title 33. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Food Security Act of 1985, referred to in subsec. (b)(2)(B)(iii), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as amended. Chapter 2 of subtitle D of title XII of the Act was classified generally to part II (Sec. 3838 et seq.) of subchapter IV of chapter 58 of Title 16, Conservation, prior to repeal by Pub. L. 104-127, title III, Sec. 336(h), Apr. 4, 1996, 110 Stat. 1007. For complete classification of this Act to the Code, see Short Title of 1985 Amendment note set out under section 1281 of Title 7, Agriculture, and Tables.

Section Referred to in Other Sections

This section is referred to in section 300j-12 of this title.

WATER CONSERVATION PLAN

42 USC 300j-15

(a) Guidelines

Not later than 2 years after August 6, 1996, the Administrator shall publish in the Federal Register guidelines for water conservation plans for public water systems serving fewer than 3,300 persons, public water systems serving between 3,300 and 10,000 persons, and public water systems serving more than 10,000 persons, taking into consideration such factors as water availability and climate.