From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and February 12, 2003]
[CITE: 42USC300f]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A--PUBLIC HEALTH SERVICE
SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
Part A--Definitions
Sec. 300f. Definitions
For purposes of this subchapter:
(1) The term ``primary drinking water regulation means a
regulation which--
(A) applies to public water systems;
(B) specifies contaminants which, in the judgment of the
Administrator, may have any adverse effect on the health of
persons;
(C) specifies for each such contaminant either--
(i) a maximum contaminant level, if, in the judgment of
the Administrator, it is economically and technologically
feasible to ascertain the level of such contaminant in water
in public water systems, or
(ii) if, in the judgment of the Administrator, it is not
economically or technologically feasible to so ascertain the
level of such contaminant, each treatment technique known to
the Administrator which leads to a reduction in the level of
such contaminant sufficient to satisfy the requirements of
section 300g-1 of this title; and
(D) contains criteria and procedures to assure a supply of
drinking water which dependably complies with such maximum
contaminant levels; including accepted methods for quality
control and testing procedures to insure compliance with such
levels and to insure proper operation and maintenance of the
system, and requirements as to (i) the minimum quality of water
which may be taken into the system and (ii) siting for new
facilities for public water systems.
At any time after promulgation of a regulation referred to in this
paragraph, the Administrator may add equally effective quality
control and testing procedures by guidance published in the Federal
Register. Such procedures shall be treated as an alternative for
public water systems to the quality control and testing procedures
listed in the regulation.
(2) The term ``secondary drinking water regulation which
applies to public water systems and which specifies the maximum
contaminant levels which, in the judgment of the Administrator, are
requisite to protect the public welfare. Such regulations may apply
to any contaminant in drinking water (A) which may adversely affect
the odor or appearance of such water and consequently may cause a
substantial number of the persons served by the public water system
providing such water to discontinue its use, or (B) which may
otherwise adversely affect the public welfare. Such regulations may
vary accordingly to geographic and other circumstances.
(3) The term ``maximum contaminant level means the maximum
permissible level of a contaminant in water which is delivered to
any user of a public water system.
(4) Public water system.--
(A) In general.--The term ``public water system means a
system for the provision to the public of water for human
consumption through pipes or other constructed conveyances, if
such system has at least fifteen service connections or
regularly serves at least twenty-five individuals. Such term
includes (i) any collection, treatment, storage, and
distribution facilities under control of the operator of such
system and used primarily in connection with such system, and
(ii) any collection or pretreatment storage facilities not under
such control which are used primarily in connection with such
system.
(B) Connections.--
(i) In general.--For purposes of subparagraph (A), a
connection to a system that delivers water by a constructed
conveyance other than a pipe shall not be considered a
connection, if--
(I) the water is used exclusively for purposes other
than residential uses (consisting of drinking, bathing,
and cooking, or other similar uses);
(II) the Administrator or the State (in the case of
a State exercising primary enforcement responsibility
for public water systems) determines that alternative
water to achieve the equivalent level of public health
protection provided by the applicable national primary
drinking water regulation is provided for residential or
similar uses for drinking and cooking; or
(III) the Administrator or the State (in the case of
a State exercising primary enforcement responsibility
for public water systems) determines that the water
provided for residential or similar uses for drinking,
cooking, and bathing is centrally treated or treated at
the point of entry by the provider, a pass-through
entity, or the user to achieve the equivalent level of
protection provided by the applicable national primary
drinking water regulations.
(ii) Irrigation districts.--An irrigation district in
existence prior to May 18, 1994, that provides primarily
agricultural service through a piped water system with only
incidental residential or similar use shall not be
considered to be a public water system if the system or the
residential or similar users of the system comply with
subclause (II) or (III) of clause (i).
(C) Transition period.--A water supplier that would be a
public water system only as a result of modifications made to
this paragraph by the Safe Drinking Water Act Amendments of 1996
shall not be considered a public water system for purposes of
the Act until the date that is two years after August 6, 1996.
If a water supplier does not serve 15 service connections (as
defined in subparagraphs (A) and (B)) or 25 people at any time
after the conclusion of the 2-year period, the water supplier
shall not be considered a public water system.
(5) The term ``supplier of water means any person who owns or
operates a public water system.
(6) The term ``contaminant means any physical, chemical,
biological, or radiological substance or matter in water.
(7) The term ``Administrator means the Administrator of the
Environmental Protection Agency.
(8) The term ``Agency means the Environmental Protection
Agency.
(9) The term ``Council means the National Drinking Water
Advisory Council established under section 300j-5 of this title.
(10) The term ``municipality means a city, town, or other
public body created by or pursuant to State law, or an Indian Tribe.
(11) The term ``Federal agency means any department, agency,
or instrumentality of the United States.
(12) The term ``person means an individual, corporation,
company, association, partnership, State, municipality, or Federal
agency (and includes officers, employees, and agents of any
corporation, company, association, State, municipality, or Federal
agency).
(13)(A) Except as provided in subparagraph (B), the term
``State includes, in addition to the several States, only the
District of Columbia, Guam, the Commonwealth of Puerto Rico, the
Northern Mariana Islands, the Virgin Islands, American Samoa, and
the Trust Territory of the Pacific Islands.
(B) For purposes of section 300j-12 of this title, the term
``State means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(14) The term ``Indian Tribe means any Indian tribe having a
Federally recognized governing body carrying out substantial
governmental duties and powers over any area. For purposes of
section 300j-12 of this title, the term includes any Native village
(as defined in section 1602(c) of title 43).
(15) Community water system.--The term ``community water
system means a public water system that--
(A) serves at least 15 service connections used by year-
round residents of the area served by the system; or
(B) regularly serves at least 25 year-round residents.
(16) Noncommunity water system.--The term ``noncommunity water
system means a public water system that is not a community water
system.
(July 1, 1944, ch. 373, title XIV, Sec. 1401, as added Pub. L. 93-523,
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1660; amended Pub. L. 94-317, title
III, Sec. 301(b)(2), June 23, 1976, 90 Stat. 707; Pub. L. 94-484, title
IX, Sec. 905(b)(1), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95-190,
Sec. 8(b), Nov. 16, 1977, 91 Stat. 1397; Pub. L. 99-339, title III,
Sec. 302(b), June 19, 1986, 100 Stat. 666; Pub. L. 104-182, title I,
Sec. 101(a), (b)(1), Aug. 6, 1996, 110 Stat. 1615, 1616.)
References in Text
The Safe Drinking Water Act Amendments of 1996, referred to in par.
(4)(C), is Pub. L. 104-182, Aug. 6, 1996, 110 Stat. 1613. For complete
classification of this Act to the Code, see Short Title of 1996
Amendment note set out under section 201 of this title and Tables.
Amendments
1996--Par. (1). Pub. L. 104-182, Sec. 101(a)(1)(B), inserted at end
``At any time after promulgation of a regulation referred to in this
paragraph, the Administrator may add equally effective quality control
and testing procedures by guidance published in the Federal Register.
Such procedures shall be treated as an alternative for public water
systems to the quality control and testing procedures listed in the
regulation.
Par. (1)(D). Pub. L. 104-182, Sec. 101(a)(1)(A), inserted ``accepted
methods for before ``quality control.
Par. (4). Pub. L. 104-182, Sec. 101(b)(1), designated existing
provisions as subpar. (A), inserted par. and subpar. headings,
redesignated former subpars. (A) and (B) as cls. (i) and (ii),
respectively, substituted ``water for human consumption through pipes or
other constructed conveyances for ``piped water for human
consumption in first sentence, and added subpars. (B) and (C).
Par. (13). Pub. L. 104-182, Sec. 101(a)(2), designated existing
provisions as subpar. (A), substituted ``Except as provided in
subparagraph (B), the term for ``The term, and added subpar. (B).
Par. (14). Pub. L. 104-182, Sec. 101(a)(3), inserted at end ``For
purposes of section 300j-12 of this title, the term includes any Native
village (as defined in section 1602(c) of title 43).
Pars. (15), (16). Pub. L. 104-182, Sec. 101(a)(4), added pars. (15)
and (16).
1986--Par. (10). Pub. L. 99-339, Sec. 302(b)(2), substituted
``Indian Tribe for ``Indian tribal organization authorized by law.
Par. (14). Pub. L. 99-339, Sec. 302(b)(1), added par. (14).
1977--Par. (12). Pub. L. 95-190 expanded definition of ``person to
include Federal agency, and officers, employees, and agents of any
corporation, company, etc.
1976--Par. (13). Pub. L. 94-484 defined ``State to include
Northern Mariana Islands.
Pub. L. 94-317 added par. (13).
Effective Date of 1996 Amendment
Section 2(b) of Pub. L. 104-182 provided that: ``Except as otherwise
specified in this Act [enacting sections 300g-7 to 300g-9, 300h-8, 300j-
3c, and 300j-12 to 300j-18 of this title and section 1263a of Title 33,
Navigation and Navigable Waters, amending this section, sections 300g-1
to 300g-6, 300h, 300h-5 to 300h-7, 300i, 300i-1, 300j to 300j-2, 300j-4
to 300j-8, 300j-11, and 300j-21 to 300j-25 of this title, sections 4701
and 4721 of Title 16, Conservation, and section 349 of Title 21, Food
and Drugs, repealing section 13551 of this title, enacting provisions
set out as notes under this section, sections 201, 300g-1, 300j-1, and
300j-12 of this title, section 1281 of Title 33, and section 45 of Title
40, Public Buildings, Property, and Works, and amending provisions set
out as a note under section 201 of this title] or in the amendments made
by this Act, this Act and the amendments made by this Act shall take
effect on the date of enactment of this Act [Aug. 6, 1996].
Short Title
This subchapter is known as the ``Safe Drinking Water Act, see
note set out under section 201 of this title.
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note
set out preceding section 1681 of Title 48, Territories and Insular
Possessions.
Effect of Public Law 104-182 on Federal Water Pollution Control Act
Section 2(c) of Pub. L. 104-182 provided that: ``Except for the
provisions of section 302 [42 U.S.C. 300j-12 note] (relating to
transfers of funds), nothing in this Act [see Effective Date of 1996
Amendment note above] or in any amendments made by this Act to title XIV
of the Public Health Service Act [this subchapter] (commonly known as
the `Safe Drinking Water Act) or any other law shall be construed by
the Administrator of the Environmental Protection Agency or the courts
as affecting, modifying, expanding, changing, or altering--
``(1) the provisions of the Federal Water Pollution Control Act
[33 U.S.C. 1251 et seq.];
``(2) the duties and responsibilities of the Administrator under
that Act; or
``(3) the regulation or control of point or nonpoint sources of
pollution discharged into waters covered by that Act.
The Administrator shall identify in the agencys annual budget all
funding and full-time equivalents administering such title XIV
separately from funding and staffing for the Federal Water Pollution
Control Act.
Congressional Findings
Section 3 of Pub. L. 104-182 provided that: ``The Congress finds
that--
``(1) safe drinking water is essential to the protection of
public health;
``(2) because the requirements of the Safe Drinking Water Act
(42 U.S.C. 300f et seq.) now exceed the financial and technical
capacity of some public water systems, especially many small public
water systems, the Federal Government needs to provide assistance to
communities to help the communities meet Federal drinking water
requirements;
``(3) the Federal Government commits to maintaining and
improving its partnership with the States in the administration and
implementation of the Safe Drinking Water Act;
``(4) States play a central role in the implementation of safe
drinking water programs, and States need increased financial
resources and appropriate flexibility to ensure the prompt and
effective development and implementation of drinking water programs;
``(5) the existing process for the assessment and selection of
additional drinking water contaminants needs to be revised and
improved to ensure that there is a sound scientific basis for
setting priorities in establishing drinking water regulations;
``(6) procedures for assessing the health effects of
contaminants establishing drinking water standards should be revised
to provide greater opportunity for public education and
participation;
``(7) in considering the appropriate level of regulation for
contaminants in drinking water, risk assessment, based on sound and
objective science, and benefit-cost analysis are important
analytical tools for improving the efficiency and effectiveness of
drinking water regulations to protect human health;
``(8) more effective protection of public health requires--
``(A) a Federal commitment to set priorities that will allow
scarce Federal, State, and local resources to be targeted toward
the drinking water problems of greatest public health concern;
``(B) maximizing the value of the different and
complementary strengths and responsibilities of the Federal and
State governments in those States that have primary enforcement
responsibility for the Safe Drinking Water Act; and
``(C) prevention of drinking water contamination through
well-trained system operators, water systems with adequate
managerial, technical, and financial capacity, and enhanced
protection of source waters of public water systems;
``(9) compliance with the requirements of the Safe Drinking
Water Act continues to be a concern at public water systems
experiencing technical and financial limitations, and Federal,
State, and local governments need more resources and more effective
authority to attain the objectives of the Safe Drinking Water Act;
and
``(10) consumers served by public water systems should be
provided with information on the source of the water they are
drinking and its quality and safety, as well as prompt notification
of any violation of drinking water regulations.
GAO Study
Section 101(b)(2) of Pub. L. 104-182 provided that: ``The
Comptroller General of the United States shall undertake a study to--
``(A) ascertain the numbers and locations of individuals and
households relying for their residential water needs, including
drinking, bathing, and cooking (or other similar uses) on irrigation
water systems, mining water systems, industrial water systems, or
other water systems covered by section 1401(4)(B) of the Safe
Drinking Water Act [par. (4)(B) of this section] that are not public
water systems subject to the Safe Drinking Water Act [this
subchapter];
``(B) determine the sources and costs and affordability (to
users and systems) of water used by such populations for their
residential water needs; and
``(C) review State and water system compliance with the
exclusion provisions of section 1401(4)(B) of such Act.
The Comptroller General shall submit a report to the Congress within 3
years after the date of enactment of this Act [Aug. 6, 1996] containing
the results of such study.
Safe Drinking Water Amendments of 1977 Restrictions on Appropriations
for Research
Section 2(e) of Pub. L. 95-190 provided that: ``Nothing in this Act
[see Short Title of 1977 Amendment note set out under section 201 of
this title] shall be construed to authorize the appropriation of any
amount for research under title XIV of the Public Health Service Act
[this subchapter] (relating to safe drinking water).
Safe Drinking Water Amendments of 1977 as Not Affecting Authority of
Administrator With Respect to Contaminants
Section 3(e)(2) of Pub. L. 95-190 provided that: ``Nothing in this
Act [see Short Title of 1977 Amendment note set out under section 201 of
this title] shall be construed to alter or affect the Administrators
authority or duty under title 14 of the Public Health Service Act [this
subchapter] to promulgate regulations or take other action with respect
to any contaminant.
Rural Water Survey; Report to President and Congress; Authorization of
Appropriations
Section 3 of Pub. L. 93-523, as amended by Pub. L. 95-190,
Secs. 2(d), 3(d), Nov. 16, 1977, 91 Stat. 1393, 1394, directed
Administrator of Environmental Protection Agency, after consultation
with Secretary of Agriculture and the several States, to enter into
arrangements with public or private entities to conduct a survey of
quantity, quality, and availability of rural drinking water supplies,
which survey was to include, but not be limited to, consideration of
number of residents in each rural area who presently are being
inadequately served by a public or private drinking water supply system,
or by an individual home drinking water supply system, or who presently
have limited or otherwise inadequate access to drinking water, or who,
due to absence or inadequacy of a drinking water supply system, are
exposed to an increased health hazard, and who have experienced
incidents of chronic or acute illness, which may be attributed to
inadequacy of a drinking water supply system. Survey to be completed
within eighteen months of Dec. 16, 1974, and a final report thereon
submitted, not later than six months after completion of survey, to
President and to Congress.
Federal Compliance With Pollution Control Standards
For provisions relating to the responsibility of the head of each
Executive agency for compliance with applicable pollution control
standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out
as a note under section 4321 of this title.
Termination of Advisory Committees
Pub. L. 93-641, Sec. 6, Jan. 4, 1975, 88 Stat. 2275, set out as a
note under section 217a of this title, provided that an advisory
committee established pursuant to the Public Health Service Act shall
terminate at such time as may be specifically prescribed by an Act of
Congress enacted after Jan. 4, 1975.
Section Referred to in Other Sections
This section is referred to in sections 201, 300g-4, 300g-5, 300j-12
of this title; title 21 section 349.
