Safe Drinking Water Act
| Author | Environmental Law Reporter |
| Pages | 899-953 |
Safe Drinking Water Act
42 U.S.C. §§300f to 300j-26
Part A—Definitions
§300f.[SDWA §1401]
Definitions
For purposes of this subchapter:
(1) The term “primary drinking water regulation” means a regu-
lation which—
(A) applies to public water systems;
(B) specifies contaminants which, in the judgment of the Ad-
ministrator, 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 eco-
nomically 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 con-
trol 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 pub-
lic water systems to the quality control and testing procedures listed
in the regulation.
(2) The term “secondary drinking water regulation” which ap-
plies 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 af-
fect 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 maxi-
mum 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 pro-
vision 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 stor-
age 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 sys-
tem 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 com-
ply 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 consid-
ered a public water system for purposes of the Act until the
date that is two years after the date of enactment of this sub-
paragraph. If a water supplier does not serve 15 service con-
nections (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, bio-
logical, or radiological substance or matter in water.
(7) The term “Administrator” means the Administrator of the En-
vironmental Protection Agency.
(8) The term “Agency” means the Environmental Protection
Agency.
(9) The term “Council” means the National Drinking Water Ad-
visory 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, com-
pany, association, partnership, State, municipality, or Federal
agency (and includes officers, employees, and agents of any corpo-
ration, 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 Co-
lumbia, 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 Com-
monwealth of Puerto Rico.
(14) The term “Indian Tribe” means any Indian tribe having a
Federally recognized governing body carrying out substantial gov-
SDWA§1401 SAFE DRINKING WATERACT 42 U.S.C. §300f
899
ernmental 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 3(c) of the Alaska Native Claims Settlement Act (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.
(July1, 1944, ch. 373, title XIV, §1401, as added Dec. 16, 1974, Pub. L. 93-523,
§2(a), 88 Stat. 1660, and amended June 23, 1976, Pub. L. 94-317, title III,
§301(b)(2), 90 Stat.707; Oct. 12, 1976, Pub. L. 94-484, title IX, §905(b)(1), 90
Stat. 2325; Nov.16, 1977, Pub. L. 95-190, §8(b), 91 Stat. 1397; June 19, 1986,
Pub. L. 99-339, title III, §302(b), 100 Stat. 666; Aug. 6, 1996, Pub. L. 104-182,
title I, §101(a), (b)(1), 110 Stat. 1615, 1616.)
References In Text
The Safe Drinking WaterAct 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.
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 Title33, 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 Title21, 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 former Title40, 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
Thissubchapter is known as the “Safe Drinking Water Act”, see note set out under
section 201 of this title.
TerminationOf Trust Territory Of The Pacific Islands
Fortermination of Trust Territory of the Pacific Islands, see note set out preceding
section 1681 of Title 48, Territoriesand 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 sec-
tion 302 [42 U.S.C. 300j-12 note] (relating to transfers of funds), nothing in this Act
[seeEffective 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 WaterAct’) 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 WaterPollution 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 dis-
charged into waters covered by that Act.
The Administrator shall identify in the agency’s annual budget all funding and
full-time equivalents administering such title XIV separately from funding and
staffing for the Federal WaterPollution 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 WaterAct (42 U.S.C. 300f
et seq.) now exceed the financial and technical capacity of some public water sys-
tems,especially many small public water systems, the Federal Government needs
toprovide assistance to communities to help the communities meet Federal drink-
ing water requirements;
“(3) the Federal Government commits to maintaining and improving its part-
nership 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 pro-
grams,and States need increased financial resources and appropriate flexibility to
ensurethe prompt and effective development and implementation of drinking wa-
ter 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 regula-
tions;
“(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 bene-
fit-costanalysis are important analytical tools for improving the efficiency and ef-
fectiveness 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 targetedtoward 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 sys-
tem operators, water systems with adequate managerial, technical, and finan-
cial capacity, and enhanced protection of source waters of public water
systems;
“(9) compliance with the requirements of the Safe Drinking WaterAct contin-
ues 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 WaterAct;
and
“(10)consumers served by public water systems should be provided with infor-
mation 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
Pub.L. 104-182, sec. 101(b)(2), Aug. 6, 1996, 110 Stat. 1617, 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 WaterAct that are not public water systems subject to the Safe Drinking
Water Act;
“(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 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 above] shall be construed to authorize the appro-
priation 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 ToContaminants
Section 3(e)(2) of Pub. L. 95-190 provided that: “Nothing in this Act [see Short
Titleof 1977 Amendment note set out above] shall be construed to alter or affect the
Administrator’s 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 ToPresident And Congress; Authorization Of
Appropriations
Section 3 of Pub. L. 93-523, as amended by Pub. L. 95-190, Sec. 2(d), 3(d), Nov.
16, 1977, 91 Stat. 1393, 1394, directed the Administrator of the Environmental Pro-
tection Agency,after consultation with the Secretary of Agriculture and the several
States, to enter into arrangements with public or private entities to conduct a survey
of the quantity,quality, and availability of rural drinking water supplies, which sur-
veywas to include, but not be limited to, the consideration of the 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 sys-
tem,or who presently have limited or otherwise inadequate access to drinking water,
or who, due to the absence or inadequacy of a drinking water supply system, are ex-
posed to an increased health hazard, and who have experienced incidents of chronic
or acute illness, which may be attributed to the inadequacy of a drinking water sup-
ply system. The survey was to be completed within eighteen months of Dec. 16,
1974and a final report thereon submitted, not later than six months after the comple-
tion of the survey, to the President and to the 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.
TerminationOf 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 pre-
scribed by an Act of Congress enacted after Jan. 4, 1975.
42 U.S.C. §300f ENVIRONMENTALLAW DESKBOOK SDWA§1401
900
Part B—Public Water Systems
§300g.[SDWA §1411]
Coverage
Subject to sections 300g-4 and 300g-5 of this title, national primary
drinking water regulations under this part shall apply to each public
water system in each State;except that such regulations shall not apply
to a public water system—
(1) which consists only of distribution and storage facilities (and
does not have any collection and treatment facilities);
(2) which obtains all of its water from, but is not owned or oper-
ated by, a public water system to which such regulations apply;
(3) which does not sell water to any person; and
(4) which is not a carrier which conveys passengers in interstate
commerce.
(July1, 1944, ch. 373, title XIV, §1411,as added Dec. 16, 1974, Pub. L. 93-523,
§2(a), 88 Stat. 1662.)
§300g-1.[SDWA §1412]
National drinking water regulations
(a) National primary drinking water regulations; maximum
contaminant level goals; simultaneous publication of
regulations and goals
(1) Effective on June 19, 1986, each national interim or revised
primary drinking water regulation promulgated under this section
before June 19, 1986, shall be deemed to be a national primary
drinking water regulation under subsection (b) of this section. No
such regulation shall be required to comply with the standards set
forth in subsection (b)(4) of this section unless such regulation is
amended to establish a different maximum contaminant level after
June 19, 1986.
(2) After June 19, 1986, each recommended maximum contami-
nant level published before June 19, 1986, shall be treated as a
maximum contaminant level goal.
(3) Whenever a national primary drinking water regulation is
proposed under subsection (b) of this section for any contaminant,
the maximum contaminant level goal for such contaminant shall be
proposed simultaneously. Whenever a national primary drinking
water regulation is promulgated under subsection (b) of this section
for any contaminant, the maximum contaminant level goal for such
contaminant shall be published simultaneously.
(4) Paragraph (3) shall not apply to any recommended maximum
contaminant level published before June 19, 1986.
(b) Standards
(1) Identification of contaminants for listing
(A) General authority
The Administrator shall, in accordance with the procedures es-
tablished by this subsection, publish a maximum contaminant
level goal and promulgate a national primary drinking water
regulation for a contaminant (other than a contaminant referred
to in paragraph (2) for which a national primary drinking water
regulation has been promulgated as of August 6, 1996) if the Ad-
ministrator determines that—
(i) the contaminant may have an adverse effect on the health
of persons;
(ii) the contaminant is known to occur or there is a substan-
tial likelihood that the contaminant will occur in public water
systems with a frequency and at levels of public health con-
cern; and
(iii) in the sole judgment of the Administrator, regulation of
such contaminant presents a meaningful opportunity for
health risk reduction for persons served by public water sys-
tems.
(B) Regulation of unregulated contaminants
(i) Listing of contaminants for consideration
(I) Not later than 18 months after August 6, 1996, and every
5 years thereafter, the Administrator, after consultation with
the scientific community, including the Science Advisory
Board, after notice and opportunity for public comment, and
after considering the occurrence data base established under
section 300j-4(g) of this title, shall publish a list of contami-
nants which, at the time of publication, are not subject to any
proposed or promulgated national primary drinking water
regulation, which are known or anticipated to occur in public
water systems, and which may require regulation under this
subchapter.
(II) The unregulated contaminants considered under sub-
clause (I) shall include, but not be limited to, substances re-
ferred to in section 9601(14) of this title, and substances
registered as pesticides under the Federal Insecticide, Fungi-
cide, and Rodenticide Act [7 U.S.C. §136 et seq.].
(III) The Administrator’s decision whether or not to select
an unregulated contaminant for a list under this clause shall
not be subject to judicial review.
(ii) Determination to regulate
(I) Not later than 5 years after August 6, 1996, and every 5
years thereafter, the Administrator shall, after notice of the
preliminary determination and opportunity for public com-
ment, for not fewer than 5 contaminants included on the list
published under clause (i), make determinations of whether or
not to regulate such contaminants.
(II) A determination to regulate a contaminant shall be
based on findings that the criteria of clauses (i), (ii), and (iii) of
subparagraph (A) are satisfied. Such findings shall be based
on the best available public health information, including the
occurrence data base established under section 300j-4(g) of
this title.
(III) The Administrator may make a determination to regu-
late a contaminant that does not appear on a list under clause (i)
if the determination to regulate is made pursuant to subclause
(II).
(IV) A determination under this clause not to regulate a con-
taminant shall be considered final agency action and subject to
judicial review.
(iii) Review
Each document setting forth the determination for a con-
taminant under clause (ii) shall be available for public com-
ment at such time as the determination is published.
(C) Priorities
In selecting unregulated contaminants for consideration under
subparagraph (B), the Administrator shall select contaminants
that present the greatest public health concern. The Administra-
tor, in making such selection, shall take into consideration,
among other factors of public health concern, the effect of such
contaminants upon subgroups that comprise a meaningful por-
tion of the general population (such as infants, children, pregnant
women, the elderly, individuals with a history of serious illness,
or other subpopulations) that are identifiable as being at greater
risk of adverse health effects due to exposure to contaminants in
drinking water than the general population.
(D) Urgent threats to public health
The Administrator may promulgate an interim national pri-
mary drinking water regulation for a contaminant without mak-
ing a determination for the contaminant under paragraph (4)(C),
or completing the analysis under paragraph (3)(C), to address an
urgent threat to public health as determined by the Administrator
after consultation with and written response to any comments
provided by the Secretary of Health and Human Services, acting
through the director of the Centers for Disease Control and Pre-
vention or the director of the National Institutes of Health. A de-
termination for any contaminant in accordance with paragraph
(4)(C) subject to an interim regulation under this subparagraph
shall be issued, and a completed analysis meeting the require-
ments of paragraph (3)(C) shall be published, not later than 3
years after the date on which the regulation is promulgated and
SDWA§1411 SAFE DRINKING WATERACT 42 U.S.C. §300g
901
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