I

103D CONGRESS

2D SESSION H. R. 4314

To reauthorize the Safe Drinking Water Act.

IN THE HOUSE OF REPRESENTATIVES

APRIL 28, 1994

Ms. LAMBERT (for herself, Mr. SYNAR, and Mr. STUDDS) introduced the

following bill; which was referred to the Committee on Energy and Commerce

A BILL

To reauthorize the Safe Drinking Water Act.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REF4 ERENCES.

5 (a) SHORT TITLE.—This Act may be cited as the

6 ‘‘Safe Drinking Water Reform Act of 1994’’.

7 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents; references.

Sec. 2. Definitions.

Sec. 3. State revolving funds.

Sec. 4. State source water programs.

Sec. 5. Exemptions for public water systems.

Sec. 6. Protection from cryptosporidium.

Sec. 7. Small system best available technology.

Sec. 8. Sanitary surveys.

Sec. 9. Drinking water research, education, and certification.

Sec. 10. Occurrence data base.
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Sec. 11. Monitoring for unregulated contaminants.

Sec. 12. National drinking water regulations.

Sec. 13. State drinking water program.

Sec. 14. State programs for assuring system viability.

Sec. 15. Emergency plans.

Sec. 16. Internal system sources of contamination.

Sec. 17. Reports to EPA.

Sec. 18. Enforcement.

1 (c) REFERENCES TO TITLE XIV OF THE PUBLIC

2 HEALTH SERVICE ACT.—Except as otherwise expressly

3 provided, whenever in this Act an amendment or repeal

4 is expressed in terms of an amendment to, or repeal of,

5 a section or other provision, the reference shall be consid6 ered to be made to a section or other provision of title

7 XIV of the Public Health Service Act (commonly known

8 as the ‘‘Safe Drinking Water Act’’) (42 U.S.C. 300f et

9 seq.).

10 SEC. 2. DEFINITIONS.

11 Section 1401 is amended by adding the following new

12 paragraphs at the end thereof:

13 ‘‘(15) The term ‘community water system’

14 means a public water system which serves at least

15 15 service connections used by year-round residents

16 or regularly serves at least 25 year-round residents.

17 ‘‘(16) The term ‘non-community water system’

18 means a public water system that is not a commu19 nity water system.

20 ‘‘(17) The term ‘underground source of drink21 ing water’ means an aquifer or portion thereof—
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1 ‘‘(A) which supplies any public water sys2 tem; or

3 ‘‘(B) which contains a sufficient quantity

4 of ground water to supply a public water sys5 tem and (i) currently supplies drinking water

6 for human consumption or (ii) contains fewer

7 than 10,000 mg/l total dissolved solids.

8 ‘‘(18) The term ‘State Source Water Assess9 ment Program’ means a State program which meets

10 the requirements of section 1428.

11 ‘‘(19) The term ‘drinking water protection area’

12 means, for any community water system, any sur13 face or subsurface area from or through which con14 taminants may reasonably be anticipated to move to15 ward, and enter, the system. Such term includes any

16 drinking water basin or ground water area, such as

17 an aquifer recharge area or the surface and sub-sur18 face area surrounding a water well or well field sup19 plying a community water system.

20 ‘‘(20) The term ‘source waters’ means the wa21 ters entering a community water system.’’.

22 SEC. 3. STATE REVOLVING FUNDS.

23 Section 1443 is amended by redesignating subsection

24 (c) as (d) and by adding the following new subsection after

25 subsection (b):
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1 ‘‘(c) STATE REVOLVING FUNDS.—

2 ‘‘(1) GENERAL AUTHORITY.—

3 ‘‘(A) GRANTS TO STATES TO ESTABLISH

4 REVOLVING FUNDS.—The Administrator shall

5 enter into agreements with States having pri6 mary enforcement responsibility for public

7 water systems to make capitalization grants, in8 cluding letters of credit, to the States under

9 this subsection to further the health protection

10 objectives of this Act. The grants shall be allot11 ted to the States in accordance with this section

12 and deposited in drinking water treatment re13 volving funds established by the State.

14 ‘‘(B) USE OF FUNDS.—Amounts deposited

15 in such revolving funds, including loan repay16 ments and interest earned on such amounts,

17 shall be used only for providing loans or other

18 financial assistance of any kind or nature that

19 the State deems appropriate to public water

20 systems. Such financial assistance may be used

21 by a public water system only for expenditures

22 (not including operation, and maintenance ex23 penditures and not including monitoring, except

24 as provided in section 1430(b)(2)) of a type or

25 category which the Administrator has deter-
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1 mined, through guidance, will facilitate compli2 ance with national primary drinking water reg3 ulations applicable to such system under section

4 1411 or otherwise significantly further the

5 health protection objectives of this title. 15 per6 cent of the amount credited to any revolving

7 fund established under this section in any fiscal

8 year shall be available solely for providing loan

9 assistance to public water systems which regu10 larly serve less than 10,000 individuals.

11 ‘‘(C) FUND MANAGEMENT.—Each State

12 revolving fund under this subsection shall be es13 tablished, maintained, and credited with repay14 ments and interest. The fund corpus shall be

15 available in perpetuity for providing financial

16 assistance under this section. To the extent

17 amounts in each such fund are not required for

18 current obligation or expenditure such amounts

19 shall be invested in interest bearing obligations

20 of the State or of the United States. The Ad21 ministrator and the States shall take such steps

22 as may be necessary to insure that amounts

23 made available under this subsection are depos24 ited in State revolving funds and earning inter25 est as promptly as practicable after the com-
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1 mencement of the fiscal year in which such

2 funds are made available.

3 ‘‘(D) GRANTS FROM REVOLVING FUNDS.—

4 A State may not provide assistance in the form

5 of grants from a State revolving fund estab6 lished under this subsection in an aggregate

7 amount which exceeds the sum of any interest

8 collected on deposits in such State revolving

9 fund plus amounts deposited in such fund by

10 the State pursuant to paragraph (3). Such

11 grants may only be made to public water sys12 tems owned by a governmental or inter-govern13 mental agency, a non-profit organization, an In14 dian tribe, or any combination thereof which

15 the State finds to be experiencing financial

16 hardship.

17 ‘‘(E) INVESTOR-OWNED PUBLIC WATER

18 SYSTEMS.—In the case of any public water sys19 tem not owned by a governmental or inter-gov20 ernmental agency, a non-profit organization, an

21 Indian tribe, or any combination thereof, the

22 State may provide assistance from a State re23 volving fund under this subsection only to those

24 systems having the greatest public health needs

25 and financial need. The State may provide loan
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1 assistance to any such system from such a

2 State revolving fund only after making a deter3 mination that the system has the ability to

4 repay the loan according to its terms and condi5 tions. States are authorized to require such sys6 tems to identify a dedicated source for repay7 ment of the loans and to impose such other re8 quirements as may be necessary to assure loan

9 repayment.

10 ‘‘(2) SPECIFIC REQUIREMENTS.—The Adminis11 trator shall enter into an agreement with a State

12 under this subsection only after the State has estab13 lished to the satisfaction of the Administrator that—

14 ‘‘(A) the State will deposit all grants re15 ceived from the Administrator under this sub16 section, together with all repayments and inter17 est on such grants, in a drinking water treat18 ment revolving fund established by the State in

19 accordance with this subsection; and

20 ‘‘(B) no loan or other financial assistance

21 will be provided to a public water system from

22 such revolving fund to be used for any expendi23 ture that could be avoided or significantly re24 duced by appropriate consolidation of that pub25 lic water system with any other public water
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1 system, except that in such cases such assist2 ance may be provided from the revolving fund

3 for such consolidation.

4 The Administrator, in consultation with the States

5 and public water systems, shall establish criteria to

6 be applied in determining when the consolidation of

7 public water systems is appropriate.

8 ‘‘(3) STATE CONTRIBUTION.—In the case of

9 grants made after fiscal year 1994, each agreement

10 under this subsection shall require that the State de11 posit in the fund from State moneys an amount

12 equal to at least 20 percent of the total amount of

13 the grant to be made to the State on or before the

14 date on which the grant payment is made to the

15 State.

16 ‘‘(4) COMBINED FINANCIAL ADMINISTRATION.—

17 Notwithstanding subparagraph (A) of paragraph

18 (2), a State may combine the financial administra19 tion of a revolving fund established under this sub20 section with the financial administration of any

21 other revolving fund established by the State if the

22 Administrator determines that—

23 ‘‘(A) the grants under this subsection, to24 gether with loan repayments and interest, will
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1 be separately accounted for and used solely for

2 the purposes specified in paragraph (1); and

3 ‘‘(B) the authority to establish assistance

4 priorities and carry out oversight and related

5 activities (other than financial administration)

6 with respect to such assistance remains with

7 the State agency having primary responsibility

8 for administration of the State program under

9 this part.

10 ‘‘(5) FUND ADMINISTRATION.—(A) Each State

11 may use up to 4 percent of the grants in a revolving

12 fund established under this subsection to cover the

13 reasonable costs of administration of the assistance

14 program under this subsection and of providing

15 technical assistance to public water systems within

16 the State. For fiscal year 1994, each State may use

17 up to 2 percent of the grants in any such revolving

18 fund for public water system supervision if the State

19 matches such expenditures with at least an equal

20 amount of non-Federal funds (additional to the

21 amount expended by the State for public water su22 pervision in fiscal year 1993). An additional 1 per23 cent of the grants in such fund shall be used by each

24 State to provide technical assistance to public water

25 systems in such State.
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1 ‘‘(B) The Administrator shall publish such

2 guidance and promulgate such regulations as may be

3 necessary to carry out the provisions of this section,

4 including—

5 ‘‘(i) provisions to ensure that each State

6 commits and expends funds from revolving

7 funds established under this subsection in ac8 cordance with this Act and applicable Federal

9 and State laws,

10 ‘‘(ii) guidance to prevent waste, fraud, and

11 abuse, and

12 ‘‘(iii) guidance to avoid the use of funds

13 made available under this subsection to finance

14 the expansion of any public water system in an15 ticipation of future population growth.

16 Such guidance and regulations shall also insure that

17 the States, and public water systems receiving as18 sistance under this subsection, use accounting, audit,

19 and fiscal procedures that conform to generally ac20 cepted accounting standards.

21 ‘‘(C) Each State administering a revolving fund

22 and assistance program under this subsection shall

23 publish and submit to the Administrator a report

24 every 2 years on its activities under this subsection,

25 including the findings of the most recent audit of
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1 the fund. The Administrator shall periodically audit

2 all revolving funds established under this subsection

3 in accordance with procedures established by the

4 Comptroller General.

5 ‘‘(6) NEEDS SURVEY.—The Administrator shall

6 conduct an assessment of financial needs of all pub7 lic water systems in the United States and submit

8 a report to the Congress containing the results of

9 such assessment within 2 years after the date of the

10 enactment of this subsection.

‘‘(7) INDIAN TRIBES.—One and 1 11 ⁄2 percent of

12 the amounts appropriated to carry out this sub13 section may be used by the Administrator to make

14 grants to Indian Tribes and Alaskan Native Villages

15 which are not eligible to receive either capitalization

16 grants from the Administrator under this subsection

17 or assistance from State revolving funds established

18 under this subsection. Such grants shall be used for

19 expenditures by such tribes and villages for public

20 water system expenditures referred to in paragraph

21 (1)(B).

22 ‘‘(8) AUTHORIZATION OF APPROPRIATIONS.—

23 There is authorized to be appropriated to carry out

24 the purposes of this subsection $599,000,000 for the

25 fiscal year 1994 and $1,000,000,000 for each of the
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1 fiscal years 1995, 1996, and 1997, and such sums

2 as may be necessary thereafter.

3 ‘‘(9) DEFINITION.—For purposes of this sub4 section, the term ‘State’ does not include the Dis5 trict of Columbia, the Virgin Islands, the Northern

6 Mariana Islands, American Samoa, Guam, and the

7 Trust Territory of the Pacific Islands. For purposes

8 of this subsection, the Administrator may treat any

9 Alaskan Native Village as a State in the same man10 ner as provided in section 1451 in the case of Indian

11 Tribes.’’.

12 SEC. 4. STATE SOURCE WATER PROGRAMS.

13 (a) IN GENERAL.—Strike section 1428 and insert the

14 following after section 1427:

15 ‘‘Subpart 2—State Source Water Assessment and

16 Pollution Prevention Programs

17 ‘‘SEC. 1428. STATE SOURCE WATER ASSESSMENT PRO18 GRAMS.

19 ‘‘(a) STATE SOURCE WATER ASSESSMENT PRO20 GRAMS.—The Governor of each State shall, within 2 years

21 after the date of enactment of this section, adopt and sub22 mit to the Administrator a State Source Water Assess23 ment Program. Each such program shall, at a minimum—

24 ‘‘(1) ensure the implementation, within 4 years

25 after such date, (according to a written plan, with
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1 schedules and milestones) of a local source water as2 sessment program under subsection (b) for each

3 community water system within the State;

4 ‘‘(2) provide for coordination among Federal,

5 State and local agencies with authority over ground

6 water and surface water and address priority-set7 ting, data collection and management; and

8 ‘‘(3) delineate all drinking water protection

9 areas within the State.

10 The Administrator shall issue guidance within 12 months

11 after enactment of this section to assist States in develop12 ing and implementing State Source Water Assessment

13 Programs.

14 ‘‘(b) LOCAL SOURCE WATER ASSESSMENT PRO15 GRAMS.—A local source water assessment program under

16 this subsection shall include each of the following

17 elements:

18 ‘‘(1) The program shall designate a local or re19 gional management entity for each area delineated

20 (as provided in subsection (a)) as a drinking water

21 protection area for any community water system or

22 systems. The local or regional management entity

23 shall be authorized to manage the local source water

24 assessment program for the drinking water protec25 tion area in cooperation with the community water
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1 system or systems for which such area has been de2 lineated.

3 ‘‘(2) The program shall assess the susceptibility

4 of such community water system or systems to con5 tamination from sources, or categories of sources, of

6 contamination located within the drinking water pro7 tection area.

8 ‘‘(3) The program shall ensure public education

9 and participation to inform the customers of such

10 community water system or systems of the contami11 nation concerns within the drinking water protection

12 areas.

13 ‘‘(c) APPROVAL.—

14 ‘‘(1) IN GENERAL.—Within 9 months after re15 ceipt of a State Source Water Assessment Program,

16 the Administrator shall approve or disapprove the

17 State Program. If, in the judgment of the Adminis18 trator, the program (or any portion thereof) meets

19 the requirements of this section the Administrator

20 shall approve such program (or portion thereof).

21 ‘‘(2) ADDITIONAL AUTHORITIES OF THE ADMIN22 ISTRATOR.—If a State fails to submit or implement

23 a State Source Water Assessment Program that

24 meets the requirements of this section, the Adminis25 trator may—
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1 ‘‘(A) withhold capitalization grants, includ2 ing letters of credit, to the States under section

3 1443(c) (relating to State revolving funds);

4 ‘‘(B) delineate drinking water protection

5 areas in the State; or

6 ‘‘(C) take any combination of the foregoing

7 actions.

8 ‘‘(3) EPA REVIEW OF STATE PROGRAMS.—At

9 3-year intervals after the approval of a State Source

10 Water Assessment Program, the State shall submit

11 to the Administrator a status report concerning the

12 implementation of the program. The report shall in13 clude any amendments to the program during the 3-

14 year period covered by the report.

15 ‘‘SEC. 1429. STATE DRINKING WATER POLLUTION PREVEN16 TION PROGRAMS; MONITORING RELIEF.

17 ‘‘(a) STATE DRINKING WATER POLLUTION PREVEN18 TION PROGRAMS.—A State with primary enforcement re19 sponsibility under this part and an approved Source Water

20 Assessment Program may apply to the Administrator for

21 approval of a State Drinking Water Pollution Prevention

22 Program under this section. The State Drinking Water

23 Pollution Prevention Program shall specify each of the

24 following:
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1 ‘‘(1) Procedures used by the State to issue or

2 deny monitoring relief under subsection (c) based on

3 the existence of local drinking water pollution pre4 vention programs. Such procedures shall specify that

5 monitoring relief under subsection (c) be available

6 only if a local drinking water pollution prevention

7 program is designed to ensure that drinking water

8 maximum contaminant levels will not be violated.

9 States may establish different procedures or alter10 native criteria for pollution prevention programs for

11 systems serving less than 3,300 persons.

12 ‘‘(2) Any additional State requirements or eligi13 bility criteria applicable to local drinking water pol14 lution prevention programs in order to receive mon15 itoring relief.

16 ‘‘(3) A form for application for monitoring re17 lief based on the existence of a local drinking water

18 pollution prevention program.

19 ‘‘(4) The availability of community technical as20 sistance for local drinking water systems.

21 ‘‘(b) APPROVAL OF STATE DRINKING WATER POL22 LUTION PREVENTION PROGRAMS.— The Administrator

23 shall, by regulation, prescribe the form and manner in

24 which a State shall apply for approval of a State Drinking

25 Water Pollution Prevention Program under this section.
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1 Within 9 months after receipt of a State Drinking Water

2 Pollution Prevention Program, the Administrator shall ap3 prove or disapprove the State Program. If, in the judg4 ment of the Administrator, the program (or any portion

5 thereof) meets the requirements of this section and the

6 Administrator’s regulations promulgated under this sec7 tion, the Administrator shall approve such program (or

8 portion thereof). The Administrator shall prescribe such

9 regulations as the Administrator deems necessary for a

10 State’s Drinking Water Pollution Prevention Program and

11 for the alternative monitoring to be permitted under such

12 program, including regulations requiring limited baseline

13 monitoring by public water systems for each contaminant

14 covered by the alternative monitoring.

15 ‘‘(c) MONITORING RELIEF.—Any State with an ap16 proved State Drinking Water Pollution Prevention Pro17 gram may establish tailored monitoring (hereinafter in

18 this section referred to as ‘monitoring relief’) for public

19 water systems within the State the source waters of which

20 are covered by local drinking water pollution prevention

21 programs which meet the requirements of subsection (d).

22 The State shall approve monitoring relief for a specific

23 contaminant for a system only if monitoring demonstrates

24 that the contaminant is not present in the water supply

25 or, if present, is reliably and consistently at levels substan-
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1 tially below the maximum contaminant level, taking into

2 account seasonal variations in contaminant levels. If a

3 contaminant covered by the monitoring relief program is

4 detected at levels above or close to the maximum contami5 nant level, the program shall provide that the public water

6 system must either—

7 ‘‘(1) demonstrate that the contamination source

8 has been removed or remedied to eliminate the con9 tamination problem, or

10 ‘‘(2) test for the detected contaminant pursuant

11 to monitoring regulations applicable under this part

12 to systems without monitoring relief for the detected

13 contaminant.

14 Monitoring relief under this section shall not apply to

15 microbiological contaminants or to contaminants caused in

16 part by the treatment or distribution of drinking water

17 (including corrosion byproducts, disinfection byproducts,

18 and lead).

19 ‘‘(d) LOCAL DRINKING WATER POLLUTION PREVEN20 TION PROGRAMS.—For purposes of this Act, the term

21 ‘local drinking water pollution prevention program’ means

22 a program which includes a local source water assessment

23 program under section 1428, together with each of the fol24 lowing additional elements:
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1 ‘‘(1) A detailed inventory of contamination

2 sources, and a vulnerability assessment, for the

3 drinking water protection area.

4 ‘‘(2) Requirements for establishment and adop5 tion of management measures to assure pollution

6 prevention for significant sources of contaminants

7 within the drinking water protection area, including

8 each source in any category for which guidance is

9 provided by the Administrator. Such requirements

10 shall give a priority to contaminants covered by the

11 alternative monitoring program which are detected

12 at meaningful levels in the system’s drinking water.

13 ‘‘(3) Ongoing surveillance activities within the

14 drinking water protection area and field monitoring

15 periodically of significant contamination sources.

16 ‘‘(4) Reviews and updates of the program, in17 cluding the source inventory and vulnerability as18 sessment, to identify and control new and evolving

19 significant sources of contamination.

20 ‘‘(5) Public education activities to inform the

21 customers of such community water system or sys22 tems of the contamination concerns within the

23 drinking water protection area and the pollution pre24 vention management measures available which could

25 be utilized to address these concerns.
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1 The Administrator shall issue, within 12 months after en2 actment of this section, guidance to describe, for different

3 categories of significant sources of contamination, pollu4 tion prevention management measures for drinking water

5 protection areas, and shall ensure consistency with other

6 applicable Federal programs.

7 ‘‘(e) SMALL SYSTEM POLLUTION PREVENTION PRO8 GRAMS.—Requirements for drinking water pollution pre9 vention programs for systems serving under 3,300 persons

10 may vary based on State criteria.

11 ‘‘SEC. 1430. GENERAL PROVISIONS RELATING TO SOURCE

12 WATER ASSESSMENT AND DRINKING WATER

13 POLLUTION PREVENTION.

14 ‘‘(a) PUBLIC PARTICIPATION.—Each State Source

15 Water Assessment Program and each local source water

16 assessment or local drinking water pollution prevention

17 program under this subpart shall include procedures to en18 courage the public to participate in developing the pro19 gram. Such procedures shall include notice and oppor20 tunity for public hearing on such program before it is sub21 mitted to the Administrator (or to the State in the case

22 of a local assessment or pollution prevention program).

23 ‘‘(b) FUNDING FOR LOCAL PROGRAMS.—Up to 10

24 percent of the amounts in a State Revolving Fund for
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1 Drinking Water established under section 1443(c) may be

2 used for not more than 2 years—

3 ‘‘(1) to assist local management entities for

4 drinking water protection areas designated under a

5 State’s approved Source Water Assessment Program

6 in developing and implementing local source water

7 assessment and local drinking water pollution pre8 vention programs; and

9 ‘‘(2) to assist in paying the costs of source

10 water monitoring for any community water system

11 serving less than 3,300 persons for which a drinking

12 water pollution prevention program is in effect.

13 ‘‘(c) NON-COMMUNITY WATER SYSTEMS.—The Ad14 ministrator shall encourage States to establish local drink15 ing water pollution prevention programs for all non-com16 munity water systems and shall provide technical and

17 other guidance to the States on means for achieving this

18 objective.

19 ‘‘(d) GRANTS.—The Administrator shall make grants

20 to the States for not more than 90 percent of the costs

21 incurred by any State (as determined by the Adminis22 trator) in developing and implementing each approved

23 State Source Water Assessment Program and each ap24 proved State Drinking Water Pollution Prevention Pro25 gram.
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1 ‘‘(e) SAVINGS.—Nothing in this part shall be con2 strued to affect the Administrator’s authority to grant

3 monitoring relief pursuant to regulations in effect on the

4 date of the Safe Drinking Water Reform Act of 1994

5 under section 1412.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

7 Title XIV is amended as follows:

8 (1) Strike the heading for part C and insert the

9 following:

10 ‘‘PART C—DRINKING WATER POLLUTION

11 PREVENTION.

12 ‘‘Subpart 1—Underground Injection’’.

13 (2) The table of contents is amended as follows:

14 (A) Strike the heading for part C and in15 sert the following:

‘‘PART C—DRINKING WATER POLLUTION PREVENTION

‘‘Subpart 1—Underground Injection’’.

16 (B) Strike the item relating to section

17 1428 and insert after the item relating to sec18 tion 1427 the following:

‘‘Subpart 2—State Source Water Assessment and Pollution Prevention

Programs

‘‘Sec. 1428. State source water assessment programs.

‘‘Sec. 1429. State Drinking Water Pollution Prevention Programs; monitoring

relief.

‘‘Sec. 1430. General provisions relating to source water assessment and drinking

water pollution prevention.’’.
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1 SEC. 5. EXEMPTIONS FOR PUBLIC WATER SYSTEMS.

2 (a) EXEMPTIONS.—Section 1416(a) is amended by

3 striking ‘‘and’’ and the end of paragraph (2), striking the

4 period at the end of paragraph (3) and inserting ‘‘; and’’

5 and by adding the following at the end thereof:

6 ‘‘(4) the source waters of the system are within

7 a drinking water protection area with a local drink8 ing water pollution prevention program established

9 and implemented in accordance with subpart 2 of

10 part C.

11 A State’s authority to grant exemptions under this sub12 section shall not apply to microbiological contaminants,

13 contaminants for which short-term exposure can cause

14 acute health effects, or to contaminants caused in part by

15 the treatment or distribution of drinking water (including

16 corrosion byproducts, disinfection byproducts, lead).’’

17 (b) PROCEDURES AND REQUIREMENTS.—Section

18 1416 is amended by striking subsections (b) through (g)

19 and inserting:

20 ‘‘(b) ANALYSIS OF LOCAL DRINKING WATER POLLU21 TION PREVENTION PROGRAM.—An exemption under this

22 section shall be based on a written analysis demonstrating

23 that implementation of the local drinking water pollution

24 prevention program will result in—

25 ‘‘(1) full compliance with the maximum con26 taminant level for each contaminant subject to the
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1 exemption within a reasonable period not to exceed

2 5 years, and

3 ‘‘(2) an interim supply of drinking water that

4 protects public health for the limited duration of the

5 exemption.

6 The analysis shall be prepared in accordance with regula7 tions issued by the Administrator and taking into account

8 seasonal variations in contaminant levels. Each State

9 which issues an exemption under this section shall prompt10 ly notify the Administrator of the exemption, including the

11 basis for the analysis under this subsection.

12 ‘‘(c) STATE PROVISIONS.—An exemption under this

13 subsection for any public water system shall require imple14 mentation by the public water system of such control

15 measures and interim milestones as the State may require

16 for each contaminant subject to the exemption. Before

17 granting an exemption under this section, the State shall

18 provide public notice to each drinking water consumer and

19 an opportunity for comment. A notice given pursuant to

20 the preceding sentence may cover the granting of more

21 than one such exemption.’’.

22 SEC. 6. PROTECTION FROM CRYPTOSPORIDIUM.

23 Section 1412(b)(3) is amended by adding the follow24 ing new subparagraph at the end thereof:
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1 ‘‘(E) Not later than 3 years after the enactment of

2 this subparagraph the Administrator shall publish a maxi3 mum contaminant level goal and promulgate a national

4 primary drinking water regulation for cryptosporidium.

5 Paragraph (10) shall not apply for purposes of such regu6 lations but such regulations shall take effect within 30

7 months after the date of promulgation.’’.

8 SEC. 7. SMALL SYSTEM BEST AVAILABLE TECHNOLOGY.

9 (a) SMALL SYSTEM VARIANCES.—Section 1415 is

10 amended by adding at the end the following:

11 ‘‘(e) SMALL SYSTEM VARIANCES.—(1) A State with

12 primary enforcement responsibility under this part may

13 grant to owners or operators of community water systems

14 variances under this subsection from maximum contami15 nant level requirements or treatment technique require16 ments if the systems comply with this subsection and the

17 regulations promulgated by the Administrator under this

18 subsection.

19 ‘‘(2) Only community water systems which serve

20 fewer than 3,300 persons and which cannot comply with

21 national primary drinking water regulations through re22 structuring or obtaining alternate supplies of drinking

23 water shall be eligible for a variance under this subsection.

24 A variance under this subsection may be issued only if
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1 the State finds that the variance would protect public

2 health, considering the limited duration of the variance.

3 ‘‘(3) The Administrator shall promulgate regulations

4 regarding variances issued under this subsection. The reg5 ulations shall include each of the following—

6 ‘‘(A) Procedures to be used by a State to issue

7 or deny such variances or to issue conditional ap8 proval of such a variance.

9 ‘‘(B) Eligibility criteria for the variance, includ10 ing—

11 ‘‘(i) the quality of source water and the

12 adequacy of drinking water pollution prevention

13 programs for eligible systems; and

14 ‘‘(ii) the financial and technical capacity of

15 eligible systems, including operator qualifica16 tions.

17 ‘‘(C) A form for applications for the variance,

18 and requirements respecting the time by which ap19 plications must be submitted.

20 ‘‘(D) Requirements for the installation and

21 proper operation, by each system subject to the vari22 ance, of technology identified by the Administrator

23 as feasible (within the meaning of section

24 1412(b)(5)) for community water systems serving
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1 fewer than 3,300 persons (referred to in this Act as

2 ‘small system best available technology’).

3 In order to reduce costs, variances may be granted under

4 this subsection in a single process for more than one sys5 tem and any variance may cover individual contaminants

6 or categories of contaminants. Variances under this sub7 section shall be granted without regard to subsections (a)

8 through (d) of this section.

9 ‘‘(4) No application for a variance under this sub10 section may be submitted after the date 2 years after the

11 later of the following:

12 ‘‘(A) The date of promulgation of regulations

13 under paragraph (3).

14 ‘‘(B) The date of promulgation of the maximum

15 contaminant level with respect to which such vari16 ance is issued.

17 ‘‘(5) A variance under this subsection shall be in ef18 fect for 5 years except as provided in paragraph (6). Upon

19 the application of a system, a State may renew a variance

20 for additional 5-year terms upon a determination that the

21 system remains eligible for the variance and is conforming

22 to all conditions of the variance.

23 ‘‘(6) A State shall at any time revoke a variance in

24 effect under this subsection if the State finds that the sys25 tem is no longer eligible for the variance, that the system
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1 has failed to comply with any term or condition of the

2 variance, or that the continued application of the variance

3 would not protect public health.

4 ‘‘(7) The failure or refusal of any person to comply

5 with any term or condition of a variance in effect under

6 this subsection shall be a violation of this Act.’’.

7 SEC. 8. SANITARY SURVEYS.

8 Section 1413(a)(2) is amended by inserting after ‘‘by

9 regulation’’ the following: ‘‘and such inspections as may

10 be necessary to comply with the ‘Guidelines for Sanitary

11 Surveys’ published by the Administrator’’. In the case of

12 States exercising primary enforcement responsibility

13 under section 1413 of the Safe Drinking Water Act, the

14 amendment made by the preceding sentence shall take ef15 fect on the date 18 months after the enactment of this

16 Act.

17 SEC. 9. DRINKING WATER RESEARCH, EDUCATION, AND

18 CERTIFICATION.

19 (a) PROFICIENCY CERTIFICATION.—(1) Section

20 1413(a) is amended by striking ‘‘and’’ at the end of para21 graph (4), by striking the period at the end of paragraph

22 (5) and inserting a semicolon, and by adding the following

23 at the end thereof:

24 ‘‘(6) has adopted and is implementing (within 1

25 year after the adoption of regulations under section
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1 1442(h)) requirements for the certification of opera2 tors of all public water systems and laboratories con3 ducting tests pursuant to this part consistent with

4 the standards under section 1442(h); and’’.

5 (2) Section 1442 is amended by adding the following

6 at the end thereof:

7 ‘‘(h) PROFICIENCY.—Not later than 2 years after the

8 date of the Safe Drinking Water Reform Act of 1994, the

9 Administrator shall publish regulations specifying mini10 mum standards for certification (and recertification) of

11 the operators of public water systems, laboratories con12 ducting tests pursuant to this Act, and such additional

13 personnel as may be designated by the Administrator.

14 Such regulations shall provide for alternative standards in

15 the case of programs in existence prior to the date of pro16 mulgation of the regulations. Such alternative standards

17 shall assure an equivalent level of proficiency.’’.

18 (b) AVAILABILITY OF TECHNOLOGIES.—Section

19 1442 is amended by adding the following new subsection

20 after subsection (g):

21 ‘‘(h) AVAILABLE TECHNOLOGIES.—Whenever the

22 Administrator promulgates a new national primary drink23 ing water standard under section 1412, the Administrator

24 shall simultaneously publish information identifying tech25 nologies available (if any) to meet such standard in the
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1 case of public water systems serving 50,000 persons, pub2 lic water systems serving 10,000 persons, and public water

3 systems serving 3,300 persons.’’.

4 SEC. 10. OCCURRENCE DATA BASE.

5 Section 1445 is amended by adding the following at

6 the end thereof:

7 ‘‘(g) OCCURRENCE DATA BASE.—Not later than 24

8 months after the enactment of this subsection, the Admin9 istrator shall assemble and maintain a national drinking

10 water occurrence data base, using monitoring data on the

11 occurrence of both regulated and unregulated contami12 nants in public water supply systems obtained under this

13 Act and information from other public and private

14 sources.’’.

15 SEC. 11. MONITORING FOR UNREGULATED CONTAMI16 NANTS.

17 (a) REVIEW AND REVISION.—Section 1445(a)(2) is

18 amended by adding the following at the end thereof: ‘‘The

19 Administrator shall review and, if necessary, revise the list

20 of unregulated contaminants under this paragraph within

21 24 months after the enactment of the Safe Drinking

22 Water Reform Act of 1994, and at least every 5 years

23 thereafter. Such list shall include no more than 40

24 contaminants.’’.
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1 (b) OCCURRENCE DATA BASE.—Section 1445(a)(4)

2 is amended by adding at the end: ‘‘The State shall provide

3 such data to the Administrator for purposes of inclusion

4 in the occurrence data base under section 1445(g).’’.

5 SEC. 12. NATIONAL DRINKING WATER REGULATIONS.

6 (a) SELECTION OF NEW CONTAMINANTS FOR REGU7 LATION.—Section 1412(b)(3) is amended to read as

8 follows:

9 ‘‘(3)(A)(i) The Administrator, in consultation with

10 the Science Advisory Board, shall select and publish a list

11 of no fewer than 15 unregulated contaminants that, in the

12 judgment of the Administrator, present the greatest public

13 health concern among unregulated contaminants for per14 sons served by public water systems. In making such selec15 tion, the Administrator shall consider the occurrence data

16 base established under section 1445(g) and contaminants

17 referred to in section 101(14) of the Comprehensive Envi18 ronmental Response, Compensation, and Liability Act of

19 1980 and pesticides registered under the Federal Insecti20 cide, Fungicide, and Rodenticide Act. The Administrator

21 may publish the initial list at any time after the date of

22 enactment of the Safe Drinking Water Reform Act of

23 1994, but shall publish such initial list not later than 1

24 year after such date.
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1 ‘‘(ii) After publication of the initial list, the Adminis2 trator shall, at 4-year intervals, select 12 or more addi3 tional contaminants for listing until such time as the Ad4 ministrator determines, by rule, that the unregulated con5 taminants that present a public health concern to public

6 water systems have been candidates for listing and have

7 been listed or rejected. Such determination may not be ini8 tiated before the year 2010. After such determination is

9 final, the Administrator may thereafter list additional con10 taminants at any time.

11 ‘‘(iii) Each proposed list under clause (i) or (ii) shall

12 be published for public comment (which may include con13 sideration of substitutes for the list) for a period of at

14 least 60 days. The Administrator shall publish a final list

15 within 6 months after close of the public comment period

16 and not later than 1 year after publication of the proposed

17 list.

18 ‘‘(iv) The Administrator’s decision to select or not se19 lect a contaminant for inclusion on the list shall not be

20 subject to judicial review.

21 ‘‘(B)(i) Not later than 30 months after publication

22 of the final list of contaminants under subparagraph (A),

23 the Administrator shall propose and promulgate, by rule,

24 a determination whether or not to regulate each contami25 nant on such list, or added to the list. The Administrator
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1 shall determine to regulate a contaminant on, or added

2 to, the list if, in the judgment of the Administrator—

3 ‘‘(I) the contaminant is known to occur in pub4 lic water systems;

5 ‘‘(II) based on the best available health infor6 mation, the contaminant occurs in public water sys7 tems in such concentration that it has or may have

8 any adverse effect on the health of persons; and

9 ‘‘(III) the regulation of the contaminant would

10 present a meaningful opportunity for public health

11 risk reduction for persons served by public water

12 systems, taking costs into consideration.

13 ‘‘(ii) The Administrator may extend, by notice in the

14 Federal Register, for up to 9 months the 30-month period

15 within which the Administrator is required to make a final

16 determination under clause (i) for any or all of the con17 taminants on the list.

18 ‘‘(iii) The Administrator shall make a separate deci19 sion for each contaminant on the list, but such decision

20 may be made in a single consolidated rulemaking.

21 ‘‘(iv) The Administrator may at any time determine

22 to regulate a contaminant not listed under subparagraph

23 (A) in accordance with clause (i).

24 ‘‘(C) For each contaminant listed under subpara25 graph (A) that the Administrator has determined pursu-
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•HR 4314 IH

1 ant to subparagraph (B) to regulate under this part, the

2 Administrator shall propose, simultaneously with the de3 termination or not later than 18 months thereafter, a

4 maximum contaminant level goal and national primary

5 drinking water regulation under the provisions of sub6 section (b)(4) and (5). The Administrator shall promul7 gate, by rule, a final maximum contaminant level goal and

8 national primary drinking water regulation under such

9 provisions within 18 months after the proposal. The Ad10 ministrator may extend, by notice in the Federal Register,

11 for up to 9 months, the 18-month period for promulgation

12 of a final goal and regulation for all contaminants or any

13 contaminant.

14 ‘‘(D) The Administrator may publish health

15 advisories (which shall not be regulations) or take other

16 appropriate actions respecting contaminants not subject to

17 a national primary drinking water regulation.’’.

18 (b) REVIEW OF NATIONAL PRIMARY DRINKING

19 WATER REGULATIONS.—Section 1412(b)(9) is amended

20 to read as follows:

21 ‘‘(9) National primary drinking water regulations (in22 cluding monitoring requirements) shall be amended when23 ever the Administrator determines that changes in tech24 nology, treatment techniques, and other means permit

25 greater protection of the health of persons, but in any
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1 event such regulations shall be reviewed at least once every

2 5 years. Such review shall include an analysis of innova3 tions or changes in technology, treatment techniques or

4 health effects research and occurrence data that have oc5 curred over the previous 5-year period. The Administrator

6 shall publish the findings of such review in the Federal

7 Register.’’.

8 (c) REMOVAL OF REGULATION.—Section 1412(b)(3)

9 is amended by adding the following new paragraph at the

10 end thereof:

11 ‘‘(E) The Administrator may remove a contaminant

12 from the list under subparagraph (A) and repeal the na13 tional primary drinking water standard for any such con14 taminant if the Administrator determines that such con15 taminant is not known to occur in public water systems

16 or has not been demonstrated to have any adverse health

17 effect on persons.’’.

18 (d) COMPLIANCE DATES.—Section 1412(b)(10) is

19 amended to read as follows:

20 ‘‘(10) Within 24 months after the adoption of a na21 tional primary drinking water regulation under this sub22 section (or any amendments thereto) each State exercising

23 primary enforcement responsibility under section 1413

24 shall adopt corresponding State regulations under section

25 1413(a)(1). The Administrator shall specify the date upon
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1 which public water systems must comply with each na2 tional primary drinking water regulation promulgated

3 under this subsection (or any amendments thereto). Such

4 compliance date may not be more than 36 months after

5 the date of promulgation, except that if the Administrator

6 determines that additional time is necessary for capital

7 improvements required to meet the national primary

8 drinking water regulations, the Administrator may estab9 lish a later compliance date. Such later date shall not be

10 later than 48 months after the date of promulgation (or

11 60 months in the case of systems serving less than 3,300

12 individuals). Each State with primary enforcement respon13 sibility may determine eligibility for any extension beyond

14 36 months. Nothing under this paragraph shall limit the

15 discretion of the Administrator to differentiate among the

16 compliance dates on the basis of system size or other fac17 tors considered appropriate by the Administrator, or to

18 establish interim compliance milestones.’’.

19 (e) PROTECTION OF CHILDREN, INFANTS, ETC.—

20 Section 1412(b) is amended by adding the following at the

21 end thereof:

22 ‘‘(12) In promulgating and revising national primary

23 drinking water regulations under this section the Adminis24 trator shall assess and take into account children, infants,

25 pregnant women, the elderly, and highly susceptible or vul-
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1 nerable populations. In promulgating each new standard

2 after the enactment of this paragraph, the Administrator

3 shall identify the impacts on such populations.’’.

4 SEC. 13. STATE DRINKING WATER PROGRAM.

5 (a) FUNDING.—(1) Section 1443(a)(4) is amended

6 by striking ‘‘number of public water systems’’ and by add7 ing the following after the first sentence: ‘‘The Adminis8 trator shall revise regulations regarding the allotments

9 under this paragraph in such manner as may be necessary

10 to provide incentives for the restructuring of nonviable

11 public water systems.’’.

12 (2) Section 1443(a)(7) is amended by adding the fol13 lowing at the end of the table:

‘‘1995 ................................................................................ $100,000,000

1996 ................................................................................ $100,000,000

1997 ................................................................................ $100,000,000

1998 ................................................................................ $100,000,000

1999 ................................................................................ $100,000,000

2000 ................................................................................ $100,000,000’’.

14 (b) STATE DRINKING WATER PROTECTION PROGRAM

15 FUNDS.—(1) Section 1443 is amended by redesignating

16 subsection (c) as (e) and inserting the following after sub17 section (b):

18 ‘‘(c) STATE DRINKING WATER PROTECTION PRO19 GRAM FUNDS.—(1) Within 1 year of the date of promul20 gation of regulations under paragraph (2), and every 3

21 years thereafter, each State with primary enforcement re22 sponsibility shall submit to the Administrator a State im-
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•HR 4314 IH

1 plementation and funding plan for carrying out primary

2 enforcement responsibilities and other requirements of

3 this Act during the 3 year period following the year in

4 which the plan is submitted. In each year other than a

5 year in which such a plan is submitted, each such State

6 shall submit a report describing the progress made in car7 rying out the plan. The State shall also establish a State

8 Drinking Water Protection Fund in accordance with para9 graph (2)(C) unless the State determines that other fund10 ing sources are sufficient.

11 ‘‘(2) The Administrator shall promulgate regulations

12 within 18 months of the date of enactment of this section

13 establishing each of the following.—

14 ‘‘(A) The form and content for the State plans

15 referred to in this subsection.

16 ‘‘(B) Minimum program performance objectives

17 for State safe drinking water programs, including

18 criteria for determining sufficient State program re19 sources.

20 ‘‘(C) Requirements for establishment of State

21 Drinking Water Protection Funds, including provi22 sions governing the structure and financial manage23 ment of State drinking water implementation funds.

24 ‘‘(3) Each State Drinking Water Protection Fund es25 tablished under this subsection shall be dedicated solely
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1 for use by the State to cover the cost of services directly

2 related to primary enforcement responsibilities and other

3 requirements of this Act.

4 ‘‘(4) If a State determines that a Drinking Water

5 Protection Fund is necessary under this subsection, each

6 community water system in the State shall pay a fee to

7 the State for deposit into the State Fund. The fee shall

8 be based on the amount of water supplied (or if data on

9 such amount is not available, on the number of persons

10 served by the community water system). The fee shall be

11 set at a level determined by the State to ensure sufficient

12 funding for implementing primary enforcement respon13 sibilities of the State, taking into account other available

14 funding sources.

15 ‘‘(5) Within 60 days following the submission of a

16 State plan under paragraph (1), the Administrator shall

17 approve or disapprove the plan. The Administrator shall

18 approve the plan if the Administrator determines that the

19 plan complies with the requirements of this subsection and

20 provides sufficient resources for fully implementing the

21 State’s primary enforcement responsibilities and other re22 quirements of this Act.

23 ‘‘(6) If the Administrator determines that a State

24 plan submitted under paragraph (1) does not have suffi25 cient resources to carry out the State plan, the State shall
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•HR 4314 IH

1 establish a State Drinking Water Protection Fund which

2 meets the same conditions and requirements as in the case

3 of a fund under paragraph (2)(C) and collect a fee meet4 ing the requirements of paragraph (4) as a condition of

5 continued primary enforcement authority.

6 ‘‘(7) If the Administrator is exercising primary en7 forcement authority under this part in a State, the Admin8 istrator shall establish a permit program for each public

9 water system regulated by the Administrator in that State

10 and shall assess and collect a fee to cover the Administra11 tor’s costs of administering such permit program. Such

12 fee may not exceed the greater or $5.50 per year per serv13 ice connection served by the system subject to the fee or

14 $0.05 per 1,000 gallons of water delivered. Revenues from

15 such fee shall be deposited in the fund established under

16 paragraph (8).

17 ‘‘(8) There is established in the Treasury of the

18 United States a fund to be known as the Public Drinking

19 Water System Supervision Fund (referred to in this para20 graph as the ‘Fund’) consisting of the fees collected under

21 paragraph (7) and penalties and interest under paragraph

22 (9). Subject to annual appropriations, the Secretary of the

23 Treasury shall transfer from the Fund to the Adminis24 trator such amounts as necessary to carry out the Admin25 istrator’s responsibilities in those States in which the Ad-
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1 ministrator is exercising primary enforcement authority

2 under this part.

3 ‘‘(9) Any water system that fails to pay any fee re4 ferred to in this subsection within 6 months after the due

5 date shall pay the required fee plus a penalty of 50 percent

6 of the amount of the fee, together with interest on the

7 unpaid amount, as determined by the Administrator.

8 ‘‘(d) GRANTS FOR STATE SOURCE WATER ASSESS9 MENT, STATE DRINKING WATER POLLUTION PREVEN10 TION, AND STATE VIABILITY PROGRAMS.—For purposes

11 of making grants under section 1430(f) (relating to grants

12 for approved State Source Water Assessment Programs

13 and approved State Drinking Water Pollution Prevention

14 Programs) and under part G (relating to system viability)

15 there is authorized to be appropriated not more than the

16 following amounts:

‘‘Fiscal Year: Amount:

1995 ............................................... $20,000,000

1996 ............................................... $20,000,000

1997 ............................................... $20,000,000

1998 ............................................... $20,000,000

1999 ............................................... $20,000,000.

17 No funds authorized to be appropriated under this sub18 section may be used to support activities required to be

19 carried out under the Federal Water Pollution Control

20 Act, the Solid Waste Disposal Act, the Comprehensive En21 vironmental Response, Compensation and Liability Act of

22 1980, or other sections of this Act.’’.
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1 (2) Section 1413(a) is amended by adding the follow2 ing after paragraph (6):

3 ‘‘(7) has adopted and is implementing a fund4 ing plan in accordance with section 1443(c); and’’

5 SEC. 14. STATE PROGRAMS FOR ASSURING SYSTEM

6 VIABILITY.

7 The Act is amended by adding the following at the

8 end thereof:

9 ‘‘PART G—PUBLIC WATER SYSTEM CAPABILITY

10 PROGRAM

11 ‘‘SEC. 1481. STATE VIABILITY PROGRAMS.

12 ‘‘(a) GENERAL REQUIREMENT.—Each State shall

13 adopt and implement a State Drinking Water System Via14 bility Program for assuring the capability of public water

15 systems to comply with the requirements of this Act.

16 ‘‘(b) MINIMUM PROGRAM ELEMENTS.—The Adminis17 trator shall promulgate regulations requiring each State

18 Drinking Water System Viability Program (hereinafter in

19 this section referred to as the ‘State Viability Program’)

20 to include each of the following elements:

21 ‘‘(1) A program for issuing operating permits

22 or other means of tracking the establishment of new

23 public water systems, including authorities to insure

24 that all new public water systems are able to fully

25 comply with existing and anticipated national pri-
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1 mary drinking water regulations and other require2 ments of this Act.

3 ‘‘(2) A program for assessing the long-term

4 ability of public water systems to comply with the

5 requirements of this Act. For other than transient

6 water systems, the assessment shall be completed

7 within 5 years following the approval of a State’s

8 program under this section.

9 ‘‘(3) Legal authorities to order the restructur10 ing of systems that repeatedly violate national pri11 mary drinking water regulations or other require12 ments of this Act and lack the managerial, technical,

13 or financial capability to comply with such regula14 tions.

15 ‘‘(4) Requirements for periodic reporting to

16 demonstrate continued progress in the implementa17 tion of State viability programs.

18 ‘‘(c) FINAL REGULATIONS.—The Administrator shall

19 promulgate final regulations for State programs under

20 this section not more than 18 months following the date

21 of enactment of the Safe Drinking Water Reform Act of

22 1994.

23 ‘‘(d) AUTHORITY TO VARY.—The Administrator may

24 vary minimum program elements described in subsection
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1 (b) on the basis of the size and type of public water sys2 tems, and on the basis of source water characteristics.

3 ‘‘(e) SUBMISSION OF PROGRAM.—Within 2 years of

4 the date of promulgation of final regulations under sub5 section (c), each State exercising primary enforcement re6 sponsibility pursuant to section 1413 shall submit to the

7 Administrator a State program that shall—

8 ‘‘(1) at a minimum, meet the requirements of

9 the regulations described in subsection (b);

10 ‘‘(2) specify the duties of State agencies, local

11 governmental entities, and public water supply sys12 tems with respect to the implementation of the State

13 Viability Program; and

14 ‘‘(3) identify the resources that will be commit15 ted to implementation of the State Viability Pro16 gram.

17 ‘‘(f) STATES IMPLEMENTING PROGRAMS BEFORE

18 DEADLINE.—States that are implementing a State Viabil19 ity Program prior to the promulgation of the regulations

20 under subsection (c) may request a waiver from one or

21 more of the requirements of this subsection. In the case

22 of any such State, the Administrator may waive one or

23 more of the requirements of this subsection if the Admin24 istrator determines that the State program is fully achiev25 ing the objectives of this subsection.
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1 ‘‘(g) APPROVAL OR DISAPPROVAL.—The Adminis2 trator shall approve or disapprove a State Viability Pro3 gram no more than 180 days after the submission of such

4 State program. The Administrator shall approve the pro5 gram if it meets the requirements of this part and dis6 approve the program if it fails to meet such requirements.

7 ‘‘(h) SYSTEMS IN COMPLIANCE—Nothing in this sec8 tion shall be construed to require any State to prohibit

9 the operation of any small public water system which is

10 in compliance with this Act.

11 ‘‘SEC. 1482. FINANCIAL ASSISTANCE FOR VIABILITY PRO12 GRAMS.

13 ‘‘(a) AVAILABILITY OF SRF GRANTS.—Each State,

14 as a condition of a full capitalization grant under section

15 1443(c) (after the first fiscal year after the enactment of

16 the Safe Drinking Water Reform Act of 1994) shall estab17 lish a program for identifying and assessing over a 5-year

18 period long-term technical, managerial, and financial ca19 pability of community public water systems to maintain

20 compliance with this Act. Until such program is estab21 lished, no such grant may exceed 50 percent of the alloca22 tion otherwise available. No such grants shall be available

23 under section 1443(c) for any State for any fiscal year

24 after the third fiscal year after the fiscal year in which

25 the Administrator promulgates final regulations under
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1 this part unless the State has an approved system viability

2 program under this part.

3 ‘‘(b) NEW SYSTEM VIABILITY.—No financial assist4 ance of any kind shall be available under this Act to any

5 public water system that commences operations after the

6 enactment of this section unless the Administrator deter7 mines that the State has an effective operating permit pro8 gram or other means to ensure in advance that the system

9 has the management and technical capacity and financial

10 capability, taking into account its customer base and other

11 relevant factors, to comply and maintain compliance with

12 the applicable requirements of this Act.’’.

13 SEC. 15. EMERGENCY PLANS.

14 (a) ADDITIONAL REQUIREMENTS.—Section

15 1413(a)(5) is amended by adding after ‘‘circumstances’’

16 the following ‘‘including floods, earthquakes, and other

17 natural disasters which may cause drinking water con18 tamination’’. In the case of States exercising primary en19 forcement responsibility under section 1413 of the Safe

20 Drinking Water Act, the amendment made by the preced21 ing sentence shall take effect on the date 18 months after

22 the enactment of this Act.

23 (b) EPA REVIEW.—Section 1413 is amended by add24 ing the following at the end thereof:
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1 ‘‘(c) EMERGENCY PLANS.—The Administrator shall

2 review each emergency plan adopted pursuant to sub3 section (a)(5) within 1 year after the enactment of this

4 subsection and shall make a determination of the ade5 quacy of each such plan. The Administrator shall promptly

6 notify the system of any inadequacy in the plan. If the

7 Administrator finds that any such plan is inadequate, the

8 system shall be treated as failing to comply with sub9 section (a)(5) unless the plan is amended within 6 months

10 after such notice.’’.

11 SEC. 16. INTERNAL SYSTEM SOURCES OF CONTAMINATION.

12 Section 1412(b) is amended by adding the following

13 new paragraph at the end thereof:

14 ‘‘(14)(A) Not later than 1 year after the enactment

15 of this paragraph, the Administrator shall promulgate a

16 national primary drinking water regulation requiring all

17 public water systems to routinely inspect distribution sys18 tems where they are located in proximity to sewer system

19 lines to detect any contamination from leakage in the

20 sewer system lines and to maintain such system to protect

21 against such contamination.

22 ‘‘(B) Not later than 1 year after the enactment of

23 this paragraph, the Administrator shall promulgate a na24 tional primary drinking water regulation prohibiting any

25 public water system from recycling into drinking water
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1 supplies any untreated material (‘backwash’) which has

2 been discharged from the public water system’s drinking

3 water filtration devices.’’.

4 SEC. 17. REPORTS TO EPA.

5 Section 1413(a)(3) is amended by adding the follow6 ing before the semicolon at the end thereof: ‘‘, including

7 quarterly reports to the Administrator listing all instances

8 of failure, during the preceding quarter, to comply with

9 any requirement of this Act or of any regulation under

10 this Act’’.

11 SEC. 18. ENFORCEMENT.

12 Section 1414 is amended by adding the following new

13 subsection at the end thereof:

14 ‘‘(h) ADMINISTRATIVE PENALTY ORDERS.—

15 ‘‘(1) PROMULGATION OF PROCEDURES.—The

16 Administrator shall by regulation, in accordance

17 with the provisions of this subsection, establish ad18 ministrative penalty procedures for use in any case

19 in which the Administrator finds that any person

20 has violated any applicable requirement of this part

21 or has failed to comply with an order requiring com22 pliance issued pursuant to subsection (g).

23 ‘‘(2) CLASS I AND CLASS II ORDERS.—Subject

24 to the procedures established under paragraph (1),

25 the Administrator may—
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1 ‘‘(A) after notice and opportunity for hear2 ing that is not subject to sections 554 and 556

3 of title 5, United States Code, assess a class I

4 civil penalty in an amount not to exceed

5 $10,000 per day per violation, except that the

6 maximum amount of a class I civil penalty shall

7 not exceed $200,000; or

8 ‘‘(B) after notice and opportunity for a

9 hearing on the record in accordance with sec10 tion 554 of title 5, United States Code, assess

11 a class II civil penalty in an amount not to ex12 ceed $10,000 per day per violation.

13 ‘‘(C) Notwithstanding the provisions of

14 subparagraphs (A) and (B), the Adminis15 trator—

16 ‘‘(i) shall not issue a class I civil pen17 alty order to a Federal agency;

18 ‘‘(ii) may assess a class II civil pen19 alty against a Federal agency that does

20 not exceed $25,000 per day per violation;

21 and

22 ‘‘(iii) shall employ procedures for or23 ders requiring compliance by Federal agen24 cies in accordance with regulations promul-
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1 gated pursuant to paragraph (1) and para2 graph (2)(B).

3 ‘‘(D) Any interested person may obtain re4 view of a civil penalty order issued to a Federal

5 agency in accordance with the procedures pro6 vided for respondents under paragraph (6)(A).

7 ‘‘(3) FINALITY OF ORDERS.—An order assess8 ing a civil penalty under this subsection shall become

9 final not later than 30 days after the order is issued,

10 except that an order issued upon consent shall be11 come final upon issuance of the order. No order is12 sued to a Federal agency under this section shall be13 come final until such Federal agency has had an op14 portunity to confer with the Administrator.

15 ‘‘(4) ELECTION OF CIVIL PENALTY REMEDY.—

16 Civil penalties for a violation of this Act shall not be

17 assessed under both this subsection and subsection

18 (b).

19 ‘‘(5) COLLECTION.—If any person fails to pay

20 an assessment of a civil penalty after the order mak21 ing the assessment has become final, or after a court

22 in an action brought under paragraph (6) has en23 tered a final judgment in favor of the Administrator,

24 the Administrator shall request the Attorney General

25 to bring a civil action in an appropriate district
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1 court to recover the amount assessed (plus interest

2 at currently prevailing rates from the date of the

3 final order or the date of the final judgment, as the

4 case may be). In the action, the validity, amount,

5 and appropriateness of the penalty shall not be sub6 ject to judicial review. Any person who fails to pay

7 on a timely basis the amount of an assessment of a

8 civil penalty as described in the first sentence of this

9 paragraph shall be required to pay, in addition to

10 such amount and interest, attorneys fees and costs

11 for collection proceedings and a quarterly

12 nonpayment penalty for each quarter during which

13 such failure to pay persists. Such nonpayment pen14 alty shall be in an amount equal to 20 percent of the

15 aggregate amount of such person’s penalties and

16 nonpayment penalties which are unpaid as of the be17 ginning of such quarter.

18 ‘‘(6) JUDICIAL REVIEW.—

19 ‘‘(A) IN GENERAL.—Any person against

20 whom a penalty order is issued under this sub21 section, except upon consent, may obtain review

22 of the order in the United States District Court

23 for the District of Columbia Circuit or in the

24 district court in the district in which the viola25 tion is alleged to have occurred by filing, during
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1 the 30-day period beginning on the date the

2 penalty order becomes final, a notice of appeal

3 and a complaint with the court. The person

4 shall simultaneously send a copy of the notice

5 and complaint by certified mail to the Adminis6 trator and the Attorney General. The Adminis7 trator shall promptly file in such court a cer8 tified copy of the record on which the order was

9 issued.

10 ‘‘(B) STANDARD OF REVIEW.—The court

11 shall not set aside or remand the order unless

12 the court finds that there is not substantial evi13 dence in the record, taken as a whole, to sup14 port the finding of a violation or that the as15 sessment of the penalty by the Administrator

16 constitutes an abuse of discretion. The court

17 may not impose an additional civil penalty for

18 a violation that is the subject of the assessment

19 by the Administrator unless the court finds that

20 the assessment constitutes an abuse of discre21 tion by the Administrator.

22 ‘‘(C) FORUM.—Notwithstanding section

23 1448(a)(2), a penalty order issued under this

24 subsection shall be subject to judicial review

25 only under subparagraph (A).
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1 ‘‘(7) SUBPOENAS.—The Administrator may, in

2 connection with administrative proceedings under

3 this subsection or in connection with investigations

4 conducted pursuant to this title, issue subpoenas for

5 the attendance and testimony of witnesses and sub6 poenas duces tecum, and may request the Attorney

7 General to bring an action to enforce any subpoena

8 under this title. The district courts shall have juris9 diction to enforce such subpoenas and impose sanc10 tion.’’.

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