II

103D CONGRESS

1ST SESSION S. 1547

To reauthorize and amend title XIV of the Public Health Service Act

(commonly known as the ‘‘Safe Drinking Water Act’’), and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 14 (legislative day, OCTOBER 13), 1993

Mr. BAUCUS introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works

A BILL

To reauthorize and amend title XIV of the Public Health

Service Act (commonly known as the ‘‘Safe Drinking

Water Act’’), and for other purposes.

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 Act Amendments of 1993’’.

7 (b) TABLE OF CONTENTS.—The table of contents of

8 this Act is as follows:

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

Sec. 2. Findings.

Sec. 3. State revolving loan funds.
2

•S 1547 IS

Sec. 4. National drinking water regulations.

Sec. 5. Small public water systems.

Sec. 6. Enforcement of drinking water regulations.

Sec. 7. Control of lead in drinking water.

Sec. 8. Radon in drinking water and indoor air.

Sec. 9. Point of use devices.

Sec. 10. Drinking water supply protection.

Sec. 11. Emergency powers.

Sec. 12. Tampering with public water systems.

Sec. 13. Drinking water research, education, and certification.

Sec. 14. State drinking water program funding.

Sec. 15. Records and inspections.

Sec. 16. Federal agencies.

Sec. 17. Citizen’s civil action.

Sec. 18. Other amendments.

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. FINDINGS.

11 Congress finds that—

12 (1) safe drinking water is essential to the pro13 tection of public health;

14 (2) the Federal Government needs to assist

15 communities in the financing of drinking water

16 treatment and related projects;

17 (3) small drinking water systems need addi18 tional technical assistance and information from
3

•S 1547 IS

1 State and Federal agencies in the development and

2 implementation of coordinated plans for the provi3 sion of safe and affordable drinking water;

4 (4) the existing process for the assessment and

5 regulation of additional drinking water contaminants

6 needs to be improved and revised to provide for

7 more extensive participation from interested parties;

8 (5) States play a central role in the implemen9 tation of safe drinking water programs and States

10 need increased financial resources to ensure the

11 prompt and effective development and implementa12 tion of drinking water programs; and

13 (6) there is substantial noncompliance with re14 quirements of title XIV of the Public Health Service

15 Act (commonly known as the ‘‘Safe Drinking Water

16 Act’’) (42 U.S.C. 300f et seq.) and Federal and

17 State agencies need additional authorities to ensure

18 the implementation of the Act.

19 SEC. 3. STATE REVOLVING LOAN FUNDS.

20 (a) ESTABLISHMENT OF STATE LOAN FUNDS.—The

21 title is amended by adding at the end the following:
4

•S 1547 IS

1 ‘‘PART G—RESERVED

2 ‘‘PART H—STATE REVOLVING LOAN FUNDS

3 ‘‘SEC. 1481. GENERAL AUTHORITY.

4 ‘‘(a) CAPITALIZATION GRANT AGREEMENTS.—The

5 Administrator shall offer to enter into an agreement with

6 each State to make capitalization grants to the State pur7 suant to section 1482 (referred to in this part as a ‘cap8 italization grants’) to establish a drinking water treatment

9 State revolving loan fund (referred to in this part as a

10 ‘State loan fund’).

11 ‘‘(b) REQUIREMENTS OF AGREEMENTS.—An agree12 ment entered into pursuant to this section shall establish,

13 to the satisfaction of the Administrator, that—

14 ‘‘(1) the State has established a State loan fund

15 that complies with the requirements of this part;

16 ‘‘(2) the State loan fund will be administered by

17 an instrumentality of the State that has the powers

18 and authorities that are required to operate the

19 State loan fund in accordance with this part;

20 ‘‘(3) the State will deposit the capitalization

21 grants into the State loan fund;

22 ‘‘(4) the State will deposit all loan repayments

23 received, and interest earned on the amounts depos24 ited into the State loan fund under this part, into

25 the State loan fund;
5

•S 1547 IS

1 ‘‘(5) the State will deposit into the State loan

2 fund an amount equal to at least 20 percent of the

3 total amount of each capitalization grant to be made

4 to the State on or before the date on which the

5 grant is made to the State;

6 ‘‘(6) the State will use funds in the State loan

7 fund in accordance with an intended use plan pre8 pared pursuant to section 1484(b);

9 ‘‘(7) the State has in effect legal authority ade10 quate to prevent the formation of nonviable public

11 water systems beginning not later than January 1,

12 1996; and

13 ‘‘(8) the State and loan recipients that receive

14 funds that the State makes available from the State

15 loan fund will use accounting, audit, and fiscal pro16 cedures that conform to generally accepted account17 ing standards, as determined by the Administrator.

18 ‘‘(c) ADMINISTRATION OF STATE LOAN FUNDS.—

19 ‘‘(1) IN GENERAL.—The authority to establish

20 assistance priorities and carry out oversight and re21 lated activities (other than financial administration)

22 with respect to financial assistance provided with

23 amounts deposited into the State loan fund shall re24 main with the State agency that has primary re-
6

•S 1547 IS

1 sponsibility for the administration of the State pro2 gram pursuant to section 1413(a).

3 ‘‘(2) FINANCIAL ADMINISTRATION.—A State

4 may combine the financial administration of the

5 State loan fund pursuant to this part with the finan6 cial administration of a State water pollution control

7 revolving fund established by the State pursuant to

8 title VI of the Federal Water Pollution Control Act

9 (33 U.S.C. 1381 et seq.) if the Administrator deter10 mines that the grants to be provided to the State

11 under this part, together with loan repayments and

12 interest deposited into the State loan fund pursuant

13 to this part, will be segregated and used solely for

14 the purposes specified in this part.

15 ‘‘SEC. 1482. CAPITALIZATION GRANTS.

16 ‘‘(a) GENERAL AUTHORITY.—The Administrator

17 may make grants to capitalize State loan funds to a State

18 that has entered into an agreement pursuant to section

19 1481.

20 ‘‘(b) FORMULA FOR ALLOTMENT OF FUNDS.—

21 ‘‘(1) IN GENERAL.—Subject to subsection (c),

22 funds made available to carry out this part shall be

23 allotted to States that have entered into an agree24 ment pursuant to section 1481 in accordance with a

25 formula that is the same as the formula used to dis-
7

•S 1547 IS

1 tribute public water system supervision grant funds

2 under section 1443 for fiscal year 1994.

3 ‘‘(2) OTHER JURISDICTIONS.—Each formula es4 tablished pursuant to paragraph (1) shall reserve

5 not less than 0.5 percent of the amounts made avail6 able to carry out this part for a fiscal year for pro7 viding capitalization grants to jurisdictions, other

8 than Indian Tribes, referred to in subsection (e).

9 ‘‘(c) RESERVATION OF FUNDS.—

10 ‘‘(1) INDIAN TRIBES.—

11 ‘‘(A) IN GENERAL.—For each fiscal year,

12 prior to the allotment of funds made available

13 to carry out this part, the Administrator shall

14 reserve 1 percent of the funds for providing fi15 nancial assistance to Indian Tribes pursuant to

16 subsection (e).

17 ‘‘(B) USE OF FUNDS.—Funds reserved

18 pursuant to subparagraph (A) shall be used to

19 address the most significant threats to public

20 health associated with public water systems

21 that serve Indian Tribes, as determined by the

22 Administrator in consultation with the Commis23 sioner of Indian Affairs.

24 ‘‘(C) NEEDS ASSESSMENT.—The Adminis25 trator, in consultation with the Commissioner of
8

•S 1547 IS

1 Indian Affairs, shall, in accordance with a

2 schedule that is consistent with the needs sur3 vey for assessments conducted pursuant to sec4 tion 1485(c), prepare a biennial survey and as5 sess the needs of drinking water treatment fa6 cilities to serve Indian Tribes, including an

7 evaluation of the public water systems that pose

8 the most significant threats to public health.

9 ‘‘(2) PUBLIC HEALTH EMERGENCIES.—

10 ‘‘(A) IN GENERAL.—For each fiscal year,

11 prior to the allotment of funds made available

12 to carry out this part pursuant to subsection

13 (b), the Administrator shall reserve 1 percent of

14 the funds to provide financial assistance to re15 spond to public health emergencies under sec16 tion 1442(b).

17 ‘‘(B) ALLOTMENT OF UNUSED FUNDS.—

18 On the last day of each fiscal year, the Admin19 istrator shall allot any funds that were reserved

20 pursuant to subparagraph (A) but not expended

21 in the fiscal year to the States on the basis of

22 the same ratio as is applicable to sums allotted

23 under subsection (b).

24 ‘‘(d) ALLOTMENT PERIOD.—
9

•S 1547 IS

1 ‘‘(1) PERIOD OF AVAILABILITY FOR FINANCIAL

2 ASSISTANCE.—

3 ‘‘(A) IN GENERAL.—Except as provided in

4 subparagraph (B), the sums allotted to a State

5 pursuant to subsection (b) for a fiscal year shall

6 be available to the State for obligation during

7 the fiscal year for which the sums are author8 ized and during the following fiscal year.

9 ‘‘(B) FUNDS MADE AVAILABLE FOR FISCAL

10 YEAR 1994.—The sums allotted to a State pur11 suant to subsection (b) from funds that are

12 made available by appropriations for fiscal year

13 1994 shall be available to the State for obliga14 tion during each of fiscal years 1994 through

15 1996.

16 ‘‘(2) REALLOTMENT OF UNOBLIGATED

17 FUNDS.—The amount of any allotment that is not

18 obligated by a State by the last day of the period of

19 availability established by paragraph (1) shall be im20 mediately reallotted by the Administrator on the

21 basis of the same ratio as is applicable to sums allot22 ted under subsection (b). None of the funds reallot23 ted by the Administrator shall be reallotted to any

24 State that has not obligated all sums allotted to the
10

•S 1547 IS

1 State pursuant to this section during the period that

2 the sums were available for obligation.

3 ‘‘(e) DIRECT GRANTS.—The Administrator is author4 ized to make grants for the improvement of public water

5 systems of Indian Tribes, the District of Columbia, the

6 United States Virgin Islands, the Commonwealth of the

7 Northern Mariana Islands, American Samoa, Guam, and

8 the Republic of Palau, pending ratification of the Compact

9 of Free Association (formerly part of the Trust Territory

10 of the Pacific Islands).

11 ‘‘SEC. 1483. ELIGIBLE ASSISTANCE.

12 ‘‘(a) IN GENERAL.—The amounts deposited into a

13 State loan fund, including any amounts equal to the

14 amounts of loan repayments and interest earned on the

15 amounts deposited, may be used by the State to carry out

16 projects that are consistent with this section.

17 ‘‘(b) PROJECTS ELIGIBLE FOR ASSISTANCE.—The

18 amounts deposited into a State loan fund shall be used

19 only for providing financial assistance for—

20 ‘‘(1) capital expenditures for a project that will

21 facilitate compliance with national primary drinking

22 water regulations issued pursuant to section 1412;

23 ‘‘(2) capital expenditures for a project that will

24 facilitate the consolidation of public water systems

25 or the use of an alternative source of water supply;
11

•S 1547 IS

1 ‘‘(3) capital expenditures for a project that will

2 upgrade drinking water supply, treatment, and dis3 tribution systems;

4 ‘‘(4) capital expenditures for a project that will

5 facilitate water conservation;

6 ‘‘(5) capital expenditures for a project that will

7 implement a local or State source water protection

8 program under section 1427 or 1428;

9 ‘‘(6) providing capital for loans by a drinking

10 water system or State to low-income customers of a

11 drinking water system for mitigation of radon in the

12 air indoors;

13 ‘‘(7) the purchase of land that is necessary for

14 a treatment facility; and

15 ‘‘(8) capital expenditures for the development of

16 a drinking water system to replace a private drink17 ing water supply if the water poses a significant

18 threat to public health.

19 ‘‘(c) ELIGIBLE PUBLIC WATER SYSTEMS.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (2), a State loan fund may provide financial

22 assistance only to community water systems and

23 public and nonprofit noncommunity water systems.

24 ‘‘(2) PRIVATELY OWNED SYSTEMS.—Before

25 providing financial assistance to a privately owned
12

•S 1547 IS

1 system pursuant to this paragraph, the State shall

2 ensure that the assistance is secured with an appro3 priate amount and type of financial collateral.

4 ‘‘(d) TYPES OF ASSISTANCE.—Except as otherwise

5 limited by State law, the amounts deposited into a State

6 loan fund under this section may be used only—

7 ‘‘(1) to make loans, on the condition that—

8 ‘‘(A) the interest rate for each loan is less

9 than or equal to the market interest rate, in10 cluding an interest free loan;

11 ‘‘(B) annual principal and interest pay12 ments on each loan will commence not later

13 than 1 year after the completion of the project

14 for which the loan was made and each loan will

15 be fully amortized not later than 20 years after

16 the completion of the project;

17 ‘‘(C) the recipient of each loan will estab18 lish a dedicated source of revenue for the repay19 ment of the loan; and

20 ‘‘(D) the State loan fund will be credited

21 with all payments of principal and interest on

22 each loan;

23 ‘‘(2) to buy or refinance the debt obligation of

24 a municipality or an intermunicipal or interstate
13

•S 1547 IS

1 agency within the State at an interest rate that is

2 less than or equal to the market interest rate;

3 ‘‘(3) to guarantee, or purchase insurance for, a

4 local obligation if the guarantee or purchase would

5 improve credit market access or reduce the interest

6 rate applicable to the obligation;

7 ‘‘(4) as a source of revenue or security for the

8 payment of principal and interest on revenue or gen9 eral obligation bonds issued by the State if the pro10 ceeds of the sale of the bonds will be deposited into

11 the State loan fund;

12 ‘‘(5) as a source of revenue or security for the

13 payment of interest on a local obligation, if the pay14 ment from the State loan fund does not reduce the

15 effective interest rate of the obligation by more than

16 2.5 percentage points; and

17 ‘‘(6) to earn interest on the amounts deposited

18 into the State loan fund.

19 ‘‘(e) CONSISTENCY WITH PLANNING REQUIRE20 MENTS.—

21 ‘‘(1) IN GENERAL.—Beginning with fiscal year

22 1998, no loan or other financial assistance shall be

23 provided from a State loan fund for any project that

24 serves a public water system serving fewer than

25 3,300 individuals and that is not recommended in a
14

•S 1547 IS

1 State drinking water supply plan for small drinking

2 water systems approved pursuant to section 1415(a).

3 ‘‘(2) CONSISTENCY WITH COMPLIANCE PRO4 GRAM.—No loan or other financial assistance shall

5 be provided from a State loan fund for a project

6 that serves a public water system that serves fewer

7 than 3,300 individuals if the project is not consist8 ent with a small system compliance program devel9 oped pursuant to section 1415(b), if any.

10 ‘‘(f) ASSISTANCE FOR DISADVANTAGED COMMU11 NITIES.—

12 ‘‘(1) DEFINITION OF DISADVANTAGED COMMU13 NITY.—As used in this subsection, the term ‘dis14 advantaged community’ means the service area of a

15 public water system with respect to which the aver16 age annual residential drinking water charges for a

17 user of the system (referred to in this subsection as

18 ‘average annual residential user charges’) is an

19 amount greater than 1.5 percent of the median

20 household income for the service area or will be an

21 amount greater than 1.5 percent of the median

22 household income for the service area if no subsidy

23 is provided to the system pursuant to this sub24 section.
15

•S 1547 IS

1 ‘‘(2) LOAN SUBSIDY.—Notwithstanding sub2 section (d)(1), in any case in which the State makes

3 a loan pursuant to subsection (d)(1) to a disadvan4 taged community or to a community that the State

5 expects to become a disadvantaged community as

6 the result of a proposed project, the State may for7 give an amount of the principal of the loan not to

8 exceed the amount of forgiveness required to ensure

9 that the average annual residential drinking water

10 user charges for the service area of the public water

11 system that is the subject of the loan do not exceed

12 1.5 percent of the median household income for the

13 service area.

14 ‘‘(3) TOTAL AMOUNT OF SUBSIDIES.—For each

15 fiscal year, the total amount of loan subsidies made

16 by a State pursuant to paragraph (2) may not ex17 ceed 20 percent of the balance of the fund, cal18 culated on the first day of the fiscal year.

19 ‘‘SEC. 1484. STATE LOAN FUND ADMINISTRATION.

20 ‘‘(a) ADMINISTRATION, PLANNING, AND TECHNICAL

21 ASSISTANCE.—Each State that has a State loan fund is

22 authorized to expend from the State loan fund a reason23 able amount—
16

•S 1547 IS

1 ‘‘(1) not to exceed 4 percent of the capitaliza2 tion grant made to the State, for the costs of the ad3 ministration of the State loan fund; and

4 ‘‘(2) not to exceed the greater of $500,000 or

5 10 percent of the capitalization grant made to the

6 State, for technical and financial management as7 sistance to public water systems that serve fewer

8 than 3,300 individuals, including assistance for—

9 ‘‘(A) the development of small public water

10 system management plans pursuant to section

11 1415(a); and

12 ‘‘(B) the development of small system com13 pliance programs under section 1415(b).

14 ‘‘(b) INTENDED USE PLANS.—

15 ‘‘(1) IN GENERAL.—After providing for public

16 review and comment, each State that has entered

17 into a capitalization agreement pursuant to this part

18 shall, prior to receiving a capitalization grant under

19 section 1482, prepare a plan that identifies the in20 tended uses of the amounts deposited into the State

21 loan fund of the State.

22 ‘‘(2) CONTENTS.—An intended use plan shall

23 include—

24 ‘‘(A) a list of the projects to be assisted in

25 the first fiscal year that begins after the date
17

•S 1547 IS

1 of the plan, including a description of the

2 project, the terms of financial assistance, and

3 the size of the community served;

4 ‘‘(B) a description of all projects for which

5 a public water system sought financial assist6 ance for the fiscal year and the annual user

7 charges of the system;

8 ‘‘(C) the criteria and methods established

9 for the distribution of funds;

10 ‘‘(D) a description of projects expected to

11 be assisted in the 2 fiscal years following the

12 fiscal year for which a list was prepared under

13 subparagraph (A); and

14 ‘‘(E) a description of the financial status

15 of the State loan fund and the short-term and

16 long-term goals of the State loan fund.

17 ‘‘(3) USE OF FUNDS.—An intended use plan

18 shall provide, to the extent practicable, that first pri19 ority for the use of funds be given to public water

20 systems that are in violation of a national primary

21 drinking water regulation and in which residential

22 water system rates are the highest percentage of me23 dian household income.

24 ‘‘(4) CONSOLIDATION.—An intended use plan

25 shall ensure that no assistance under this part for
18

•S 1547 IS

1 a project other than the consolidation of public

2 water systems is provided to a public water system

3 for which consolidation is identified as a goal in a

4 small public water system management plan devel5 oped pursuant to section 1415(a) or otherwise deter6 mined by the Administrator to be appropriate.

7 ‘‘SEC. 1485. STATE LOAN FUND MANAGEMENT.

8 ‘‘(a) IN GENERAL.—Not later than 1 year after the

9 date of enactment of this part, and annually thereafter,

10 the Administrator shall conduct such reviews and audits

11 as the Administrator considers appropriate, or require

12 each State to have the reviews and audits independently

13 conducted, in accordance with the single audit require14 ments of chapter 75 of title 31, United States Code.

15 ‘‘(b) STATE REPORTS.—Not later than 1 year after

16 the date of enactment of this part, and annually there17 after, each State that administers a State loan fund shall

18 publish and submit to the Administrator a report on the

19 activities of the State under this part, including the find20 ings of the most recent audit of the State loan fund.

21 ‘‘(c) DRINKING WATER NEEDS SURVEY AND ASSESS22 MENT.—Not later than 2 years after the date of enact23 ment of this part, and every 4 years thereafter, the Ad24 ministrator shall submit to Congress a survey and assess25 ment of the needs for facilities in each State eligible for
19

•S 1547 IS

1 assistance under this part. The survey and assessment

2 conducted pursuant to this subsection shall—

3 ‘‘(1) identify the needs for projects or facilities

4 eligible for assistance under this part on the date of

5 the assessment (other than refinancing for a project

6 pursuant to section 1483(d)(2));

7 ‘‘(2) identify the needs for eligible facilities over

8 the 20-year period following the date of the assess9 ment;

10 ‘‘(3) identify the population served by each pub11 lic water system that has a project eligible for assist12 ance; and

13 ‘‘(4) include such other information as the Ad14 ministrator determines to be appropriate.

15 ‘‘(d) EVALUATION.—The Administrator shall conduct

16 an evaluation of the effectiveness of the State loan funds

17 through fiscal year 1996. The evaluation shall be submit18 ted to Congress at the same time as the President submits

19 to Congress, pursuant to section 1108 of title 31, United

20 States Code, an appropriations request for fiscal year

21 1998 relating to the budget of the Environmental Protec22 tion Agency.

23 ‘‘SEC. 1486. ENFORCEMENT.

24 ‘‘The failure or inability of any public water system

25 to receive funds under this part or any other loan or grant
20

•S 1547 IS

1 program, or any delay in obtaining the funds, shall not

2 alter the obligation of the system to comply in a timely

3 manner with all applicable drinking water standards and

4 requirements of this Act.

5 ‘‘SEC. 1487. LABOR STANDARDS.

6 ‘‘(a) IN GENERAL.—The Administrator shall take

7 such action as is necessary to ensure that all laborers and

8 mechanics employed by contractors or subcontractors of

9 treatment works for which financial assistance is provided

10 under this part shall be paid wages at rates not less than

11 the prevailing rates for the same type of work on similar

12 construction in the immediate locality, as determined by

13 the Secretary of Labor in accordance with the Act entitled

14 ‘An Act relating to the rate of wages for laborers and me15 chanics employed on public buildings of the United States

16 and the District of Columbia by contractors and sub17 contractors, and for other purposes’, approved March 3,

18 1931 (commonly known as the ‘Davis-Bacon Act’) (40

19 U.S.C. 276a et seq.).

20 ‘‘(b) AUTHORITY AND FUNCTIONS.—With respect to

21 the labor standards described in subsection (a), the Sec22 retary of Labor shall have the authority and functions set

23 forth in Reorganization Plan Numbered 14 of 1950 (15

24 Fed. Reg. 3176) and section 2 of the Act of June 13,

25 1934 (48 Stat. 948, chapter 482; 40 U.S.C. 276c).
21

•S 1547 IS

1 ‘‘SEC. 1488. REGULATIONS AND GUIDANCE.

2 ‘‘The Administrator shall publish such guidance and

3 issue such regulations as are necessary to carry out this

4 part, including guidance and regulations to ensure that—

5 ‘‘(1) each State commits and expends funds

6 from State loan funds in accordance with the re7 quirements of this part and applicable Federal and

8 State laws; and

9 ‘‘(2) the States and eligible public water sys10 tems that receive funds under this part use account11 ing, audit, and fiscal procedures that conform to

12 generally accepted accounting standards.

13 ‘‘SEC. 1489. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘There are authorized to be appropriated to the Envi15 ronmental Protection Agency to carry out this part

16 $600,000,000 for fiscal year 1994 and $1,000,000,000 for

17 each of fiscal years 1995 through 2000.’’.

18 (b) DEFINITIONS.—Section 1401 (42 U.S.C. 300f) is

19 amended—

20 (1) in paragraph (14), by adding at the end the

21 following new sentence: ‘‘The term includes any Na22 tive village, as defined in section 3(c) of the Alaska

23 Native Claims Settlement Act (43 U.S.C.

24 1602(c)).’’; and

25 (2) by adding at the end the following new

26 paragraphs:
22

•S 1547 IS

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

2 means a public water system that—

3 ‘‘(A) serves at least 15 service connections

4 used by year-round residents of the area served

5 by the system; or

6 ‘‘(B) regularly serves at least 25 year7 round residents.

8 ‘‘(16) The term ‘noncommunity water system’

9 means a public water system that is not a commu10 nity water system.

11 ‘‘(17) The term ‘nonviable public water sys12 tem’—

13 ‘‘(A) means a public water system that the

14 Governor of a State determines is unlikely to

15 attain compliance with the requirements of this

16 Act on a sustained basis; but

17 ‘‘(B) does not include a public water sys18 tem that the Governor determines will substan19 tially improve existing conditions that pose a

20 threat to public health.’’.

21 SEC. 4. NATIONAL DRINKING WATER REGULATIONS.

22 (a) IDENTIFICATION OF CONTAMINANTS.—Para23 graph (3) of section 1412(b) (42 U.S.C. 300g–1(b)(3)) is

24 amended to read as follows:
23

•S 1547 IS

1 ‘‘(3)(A) The Administrator may publish a maximum

2 contaminant level goal and promulgate a national primary

3 drinking water regulation for any contaminant that the

4 Administrator determines may have any adverse effect on

5 human health and that is known or anticipated to occur

6 in public water systems in a concentration or frequency

7 that indicates a public health concern. The Administrator

8 shall not be required to complete action under subpara9 graph (B), (C), or (D) prior to promulgating a national

10 primary drinking water regulation for a contaminant.

11 ‘‘(B)(i) Not later than 3 years after the date of enact12 ment of the Safe Drinking Water Act Amendments of

13 1993, the Administrator shall publish in the Federal Reg14 ister a list and assessment of not fewer than 15 unregu15 lated contaminants that, on the basis of the adverse health

16 effects that may result from the contaminants and the oc17 currence of the contaminants in public water systems, the

18 Administrator determines present the greatest public

19 health concern. Not later than 3 years after the date of

20 publication of an initial list pursuant to this clause, and

21 every 3 years thereafter, the Administrator shall publish,

22 pursuant to this clause, a list and assessment of not fewer

23 than 7 contaminants. At the time of the identification of

24 any contaminant pursuant to this subparagraph, the Ad25 ministrator shall identify such additional research con-
24

•S 1547 IS

1 cerning health effects as is necessary to ensure appro2 priate control of the contaminant.

3 ‘‘(ii) Not later than 1 year prior to publication of a

4 list pursuant to this subparagraph, the Administrator

5 shall publish in the Federal Register a proposed list and

6 a summary of information concerning the health effects

7 and occurrence of contaminants proposed to be listed pur8 suant to this subparagraph and any contaminants consid9 ered for inclusion on the list established under this sub10 paragraph that the Administrator has not proposed to be

11 listed.

12 ‘‘(iii) Not later than 180 days after publishing a pro13 posed list pursuant to clause (ii), the Administrator, in

14 conjunction with the National Drinking Water Advisory

15 Council, shall hold a public hearing to hear comments on

16 the list of contaminants proposed pursuant to clause (ii).

17 The Council shall submit to the Administrator a report

18 recommending any changes to the proposed list along with

19 any dissenting views of members of the Council. Each

20 hearing conducted pursuant to this clause shall be open

21 to the public and each person submitting comments on the

22 list proposed pursuant to clause (ii) shall be invited to at23 tend the hearing.

24 ‘‘(C)(i) Not later than 2 years after a contaminant

25 has been listed pursuant to subparagraph (B), the Admin-
25

•S 1547 IS

1 istrator shall publish a health assessment for the contami2 nant that contains a summary of the research on the ad3 verse health effects that are likely as a result of the occur4 rence of the contaminant in public water systems.

5 ‘‘(ii) The Administrator may, after providing notice

6 in the Federal Register, delay the date of publication of

7 the health assessment required under clause (i) for a pe8 riod not to exceed 2 years, if the Administrator determines

9 that additional research is necessary to fully determine the

10 adverse health effects that may result from the contami11 nant.

12 ‘‘(iii) Each health assessment required under clause

13 (i) shall be reviewed by the Science Advisory Board estab14 lished under section 8 of the Environmental Research, De15 velopment, and Demonstration Authorization Act of 1978

16 (42 U.S.C. 4365) prior to publication.

17 ‘‘(D)(i) At the time a health assessment for a con18 taminant is published under subparagraph (C), the Ad19 ministrator shall—

20 ‘‘(I) propose a maximum contaminant level goal

21 and a national primary drinking water regulation for

22 the contaminant; or

23 ‘‘(II) publish a determination that the contami24 nant does not meet the criteria established in sub25 paragraph (A) and a national primary drinking
26

•S 1547 IS

1 water regulation for the contaminant will not be pro2 posed.

3 ‘‘(ii) A determination published pursuant to clause

4 (i)(II) shall be considered to be a final agency action for

5 purposes of section 1448.

6 ‘‘(E) Not later than 18 months after the date on

7 which the Administrator proposes a national primary

8 drinking water regulation for a contaminant pursuant to

9 subparagraph (D), the Administrator shall publish a maxi10 mum contaminant level goal and promulgate a national

11 primary drinking water regulation for the contaminant.

12 ‘‘(F) The Administrator shall publish a health advi13 sory pursuant to subsection (f) for any contaminant listed

14 under subparagraph (B) for which the Administrator de15 termines, pursuant to subparagraph (D)(i)(II), that a na16 tional primary drinking water regulation is not necessary

17 not later than 1 year after the date of the determination.

18 ‘‘(G) To ensure adequate occurrence data for pur19 poses of this paragraph, the Administrator shall establish

20 a data base on the occurrence of unregulated contami21 nants in public water systems and shall ensure that the

22 data base is available to the public in readily accessible

23 form. Information in the data base shall include—

24 ‘‘(i) such monitoring information on unregu25 lated contaminants collected by public water systems
27

•S 1547 IS

1 that serve more than 10,000 individuals as is re2 quired by the Administrator;

3 ‘‘(ii) monitoring information from representa4 tive sampling among public water systems that serve

5 fewer than 10,000 individuals collected by the Ad6 ministrator or by the States; and

7 ‘‘(iii) such other monitoring information col8 lected from public water systems as the Adminis9 trator shall require.

10 ‘‘(H)(i) Except as provided in clause (ii), if in a peti11 tion signed by 7 or more Governors of States, the Gov12 ernors request the Administrator to publish a maximum

13 contaminant level goal and promulgate a national primary

14 drinking water regulation for a contaminant, the Adminis15 trator shall publish the goal and promulgate the regulation

16 not later than the date that is 2 years after the receipt

17 of the petition.

18 ‘‘(ii) The Administrator shall not be required to carry

19 out clause (i) with respect to a contaminant if, prior to

20 the date specified in clause (i), the Administrator pub21 lishes a determination in the Federal Register that—

22 ‘‘(I) the contaminant does not result in adverse

23 effects on human health as the result of the pres24 ence of the contaminant in public water systems; or
28

•S 1547 IS

1 ‘‘(II) the concentration or frequency of occur2 rence of the contaminant in public water systems

3 does not constitute a public health concern.

4 ‘‘(iii) A determination by the Administrator not to

5 promulgate a national primary drinking water regulation

6 for a contaminant pursuant to clause (ii) shall be consid7 ered to be a final agency action for purposes of section

8 1448.’’.

9 (b) DRINKING WATER STANDARD REVIEW AND COM10 PLIANCE PERIODS.—

11 (1) REVIEW PERIOD.—The first and second

12 sentences of section 1412(b)(9) (42 U.S.C. 300g–

13 1(b)(9)) are each amended by striking ‘‘3’’ each

14 place it appears and inserting ‘‘6’’.

15 (2) COMPLIANCE PERIOD.—The first sentence

16 of section 1412(b)(10) (42 U.S.C. 300g–1(b)(10)) is

17 amended by striking all after ‘‘effect’’ and inserting

18 ‘‘on a date to be determined by the Administrator

19 that shall be not later than 3 years after the date

20 of promulgation of the regulations.’’.

21 (3) EXTENSION.—Section 1416(b)(2) (42

22 U.S.C. 300g–5(b)(2)) is amended—

23 (A) in subparagraph (A), by striking all

24 after ‘‘but’’ and inserting the following: ‘‘not

25 later than 2 years after the date of granting of
29

•S 1547 IS

1 the exemption if the appropriate official of the

2 public water system establishes, to the satisfac3 tion of the State, that—

4 ‘‘(i)(I) the system cannot meet the standard

5 without capital improvements and the improvements

6 cannot be completed within the compliance period

7 specified in section 1412(b)(10);

8 ‘‘(II) in the case of a system that needs finan9 cial assistance for the necessary improvements, the

10 system has obtained the assistance, or the needed fi11 nancial assistance is identified in an intended use

12 plan developed pursuant to section 1484(b) and the

13 assistance is reasonably likely to be available within

14 the period of the exemption; or

15 ‘‘(III) the appropriate official of the system has

16 entered into an enforceable agreement to consolidate

17 with another public water system or the system is

18 scheduled to be consolidated with another system

19 pursuant to a small system compliance program de20 veloped pursuant to section 1415(b) within the pe21 riod of the exemption; and

22 ‘‘(ii) the appropriate officials of the system are

23 taking all practicable steps to meet the standard.’’;

24 and
30

•S 1547 IS

1 (B) by striking subparagraphs (B) and

2 (C).

3 (4) SMALL SYSTEM COMPLIANCE PROGRAMS.—

4 (A) Subsections (a) and (b) of section

5 1416 (42 U.S.C. 300g–5 (a) and (b)) are

6 amended by inserting ‘‘or an approved small

7 system compliance program requirement’’ after

8 ‘‘treatment technique requirement’’ each place

9 it appears.

10 (B) Section 1416(a) (42 U.S.C. 300g–

11 5(a)) is amended by striking ‘‘or from both’’.

12 (c) MONITORING REQUIREMENTS.—

13 (1) IN GENERAL.—Section 1412(b) (42 U.S.C.

14 300g–1(b)) is amended by adding at the end the fol15 lowing new paragraph:

16 ‘‘(12)(A) The Administrator may modify a national

17 primary drinking water regulation promulgated under this

18 section to remove the monitoring requirements for public

19 water systems that have not detected the contaminant that

20 is the subject of the regulation if the systems subject to

21 the requirements have completed at least 2 rounds of mon22 itoring and—

23 ‘‘(i) the contaminant has been detected in fewer

24 than 5 percent of all of the public water systems

25 and the contaminant level exceeds the maximum
31

•S 1547 IS

1 contaminant level for the contaminant in fewer than

2 0.5 percent of all of the public water systems; or

3 ‘‘(ii) the contaminant has not been detected at

4 a level exceeding 75 percent of the maximum con5 taminant level for the contaminant in any of the

6 public water systems.

7 ‘‘(B) The Administrator may modify a national pri8 mary drinking water regulation to remove the monitoring

9 requirements applicable to public water systems with sur10 face water supplies or to systems with ground water sup11 plies, if the systems meet the conditions described in sub12 paragraph (A).

13 ‘‘(C) Nothing in this paragraph is intended to be in14 terpreted, construed, or applied to limit the authority of

15 the Administrator or a State to maintain drinking water

16 monitoring requirements for a specific public water system

17 or to take enforcement action with respect to the elements

18 of a national primary drinking water regulation other than

19 the monitoring requirements.’’.

20 (2) SMALL SYSTEM MONITORING.—Section

21 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) is amended—

22 (A) by designating the first and second

23 sentences as subparagraphs (A) and (B), re24 spectively; and
32

•S 1547 IS

1 (B) by adding at the end the following new

2 subparagraph:

3 ‘‘(C) With respect to monitoring requirements for

4 cancer causing contaminants, the Administrator or a State

5 that has primary enforcement responsibility pursuant to

6 section 1413(a) may modify the requirements to provide

7 that any public water system that serves a population of

8 fewer than 10,000 individuals shall not be required to con9 duct additional quarterly monitoring for a specific con10 taminant if monitoring for any 1 quarter conducted after

11 the date of enactment of this subparagraph for the con12 taminant fails to detect the presence of the contaminant

13 in the water supplied by the public water system.’’.

14 (d) HEALTH ADVISORIES.—Section 1412 (42 U.S.C.

15 300g–1) is amended by adding at the end the following

16 new subsection:

17 ‘‘(f)(1) The Administrator may publish a health advi18 sory consisting of scientific documents describing the

19 probable health effects of a contaminant for which no

20 maximum contaminant level or treatment technique has

21 been established under a primary drinking water standard.

22 ‘‘(2) A health advisory published under this sub23 section shall provide background and related information

24 to drinking water professionals in a form that will assist
33

•S 1547 IS

1 the professionals in the safe and effective operation of

2 public water systems.

3 ‘‘(3) A health advisory published under this sub4 section shall not be enforceable under this Act.

5 ‘‘(4) Subsection (e) shall not apply to a health advi6 sory published under this subsection.

7 ‘‘(5) A health advisory published under this sub8 section shall not be subject to review by the Office of Man9 agement and Budget.’’.

10 (e) SUBSTITUTION OF SULFATE.—Section

11 1412(b)(2) (42 U.S.C. 300g–1(b)(2)) is amended by add12 ing at the end the following new subparagraph:

13 ‘‘(E) Notwithstanding any requirement for the Ad14 ministrator to take action by the date specified in subpara15 graph (B), the Administrator may, not later than 1 year

16 after the date of enactment of this subparagraph, publish

17 regulations pursuant to this paragraph for a contaminant

18 in lieu of sulfate if the Administrator determines that the

19 regulation of the contaminant in lieu of sulfate will result

20 in greater protection of public health.’’.

21 SEC. 5. SMALL PUBLIC WATER SYSTEMS.

22 (a) IN GENERAL.—

23 (1) SMALL SYSTEM MANAGEMENT.—Section

24 1415 (42 U.S.C. 300g–4) is amended to read as fol25 lows:
34

•S 1547 IS

1 ‘‘SEC. 1415. SMALL PUBLIC WATER SYSTEMS.

2 ‘‘(a) SMALL SYSTEM MANAGEMENT PLANS.—

3 ‘‘(1) IN GENERAL.—Each State with primary

4 enforcement responsibility pursuant to section 1413

5 shall, not later than October 1, 1997, and every 3

6 years thereafter, submit to the Administrator a

7 State drinking water supply plan for the effective

8 and coordinated management of public water sys9 tems that serve fewer than 3,300 individuals.

10 ‘‘(2) REQUIREMENTS FOR PLANS.—Each plan

11 submitted pursuant to this subsection shall, with re12 spect to public water systems that serve fewer than

13 3,300 individuals—

14 ‘‘(A) identify each system and describe the

15 characteristics of the system, including the

16 treatment provided to drinking water and any

17 protection of the drinking water source;

18 ‘‘(B) identify each system that has an ex19 emption granted pursuant to section 1416;

20 ‘‘(C) describe projected population changes

21 in the service area of each system during the

22 20-year period beginning on the date of submis23 sion of the plan and identify each system for

24 which a substantially increased supply of water

25 or treatment of water will be needed;
35

•S 1547 IS

1 ‘‘(D) establish criteria for identifying a

2 nonviable system and identify each system that

3 meets the criteria;

4 ‘‘(E) identify opportunities for physical

5 and administrative consolidation of systems to

6 improve drinking water quality and reduce user

7 cost, including a ranking of systems giving the

8 highest priority to the consolidation of

9 nonviable public water systems;

10 ‘‘(F) identify opportunities for the develop11 ment of alternative supplies of raw water;

12 ‘‘(G) establish criteria for assessing the fi13 nancial capability of systems for the purposes of

14 determining management options under para15 graph (6);

16 ‘‘(H) identify financing needs of systems

17 and assess the extent to which these needs will

18 be met by State loan funds established under

19 part H; and

20 ‘‘(I) identify opportunities for more cost-ef21 fective monitoring of drinking water, including

22 compositing of samples and testing by a State

23 laboratory.

24 ‘‘(3) IDENTIFICATION BY STATE.—On the basis

25 of the review and assessment of the status and con-
36

•S 1547 IS

1 dition of small water systems pursuant to paragraph

2 (2), the State shall as part of the plan identify, for

3 each system that is in violation of (or is expected to

4 violate) a maximum contaminant level, 1 of the fol5 lowing management approaches:

6 ‘‘(A) Compliance with the maximum con7 taminant level, based on a finding that the sys8 tem has the financial and management capacity

9 to comply with the maximum contaminant level,

10 taking into account the availability of financial

11 assistance through a State drinking water loan

12 fund or the Rural Development Administration.

13 ‘‘(B) The development of an individualized

14 compliance program that implements consolida15 tion, alternative water supply, alternative small

16 system technology, or other system restructur17 ing pursuant to subsection (b).

18 ‘‘(4) RANK AND SCHEDULE FOR COMPLIANCE

19 PROGRAMS.—With respect to systems for which a

20 compliance program is to be developed, each State

21 plan shall—

22 ‘‘(A) rank systems, giving priority to sys23 tems with respect to which drinking water poses

24 the greatest threat to public health;
37

•S 1547 IS

1 ‘‘(B) specify a schedule for the development of not less than 1 2 ⁄3 of compliance pro3 grams not later than the date that is 5 years

4 after the date of submittal of the plan; and

5 ‘‘(C) specify a schedule for the develop6 ment of all compliance programs not later than

7 the date that is 10 years after the date of sub8 mittal of the plan.

9 ‘‘(5) COMPLIANCE WITH MAXIMUM CONTAMI10 NANT LEVELS.—

11 ‘‘(A) IN GENERAL.—Except as provided in

12 subparagraph (B), each system that is required

13 to comply with a maximum contaminant level

14 shall comply by the date that is 3 years after

15 the date of approval of the plan submitted pur16 suant to this subsection.

17 ‘‘(B) REDUCED PERIOD OF COMPLI18 ANCE.—If the period of compliance established

19 under a drinking water regulation is less than

20 3 years, the period of compliance under sub21 paragraph (A) shall be the period specified in

22 the drinking water regulation.

23 ‘‘(6) PUBLIC HEARINGS CONCERNING PLANS.—

24 Each State shall provide for public review and com25 ment on plans submitted pursuant to this subsection
38

•S 1547 IS

1 and shall, at a minimum, provide for a public hear2 ing on the plan not later than 90 days prior to the

3 submission of the plan to the Administrator.

4 ‘‘(7) REVIEW OF PLANS.—

5 ‘‘(A) IN GENERAL.—The Administrator

6 shall review each plan submitted pursuant to

7 this subsection. Not later than 90 days after re8 ceipt of the plan, the Administrator shall ap9 prove or disapprove the plan.

10 ‘‘(B) PLAN APPROVAL.—The Adminis11 trator shall approve a plan if the plan is con12 sistent with the requirements of the subsection.

13 If the Administrator disapproves a plan, the

14 disapproval shall specify necessary modifica15 tions or revisions to the plan. The State shall

16 make the modifications or revisions not later

17 than 30 days after receipt of notice of the dis18 approval.

19 ‘‘(C) FAILURE TO MODIFY PLAN.—If a

20 State fails to make modifications or revisions to

21 a plan pursuant to subparagraph (B), the Ad22 ministrator may withhold from the State from

23 funds made available to the State pursuant to

24 section 1484(a)(2), such sums as the Adminis25 trator determines to be appropriate.
39

•S 1547 IS

1 ‘‘(D) The approval of a plan pursuant to

2 this paragraph shall not constitute a necessary

3 condition for consolidation of public water sys4 tems.

5 ‘‘(b) SMALL SYSTEM COMPLIANCE PROGRAMS.—

6 ‘‘(1) IN GENERAL.—Each State shall, in co7 operation with small public water systems identified

8 pursuant to subsection (a)(3)(B), develop compliance

9 programs for the systems to ensure the effective

10 management and operation of the systems.

11 ‘‘(2) GOALS FOR COMPLIANCE PROGRAMS.—

12 ‘‘(A) IN GENERAL.—Each compliance pro13 gram referred to in paragraph (1) shall provide

14 for compliance with maximum contaminant lev15 els to the maximum extent practicable.

16 ‘‘(B) SMALL SYSTEM TECHNOLOGY.—A

17 compliance program may provide for small sys18 tem technology identified in guidance issued

19 pursuant to section 1412(b)(13) if the tech20 nology provides the greatest degree of public

21 health protection consistent with the financial

22 and management capability of the system. In

23 determining the financial and management ca24 pability of a system, the appropriate official of

25 a State shall take into consideration the ex-
40

•S 1547 IS

1 pected availability of financial assistance

2 through a State drinking water loan fund or the

3 Rural Development Administration and the cost

4 savings associated with reasonably available op5 portunities for physical or administrative con6 sultation.

7 ‘‘(C) PROHIBITION.—A compliance pro8 gram may not provide for small system tech9 nology that would result in an unreasonable

10 risk to public health.

11 ‘‘(3) REQUIREMENTS FOR COMPLIANCE PRO12 GRAMS.—Each compliance program developed by a

13 State for a small public water system pursuant to

14 this subsection shall—

15 ‘‘(A) describe the system characteristics,

16 source of raw water, service area, compliance

17 history, and financial condition;

18 ‘‘(B) identify options for the effective man19 agement and operation of the system includ20 ing—

21 ‘‘(i) the consolidation of the system in

22 physical or administrative terms;

23 ‘‘(ii) the development of alternative

24 sources of raw water; and
41

•S 1547 IS

1 ‘‘(iii) the treatment of an existing or

2 alternative source of raw water, including

3 a treatment identified in small system

4 technology guidance;

5 ‘‘(C) identify measures needed to ensure

6 the long-term quality of a source of raw water;

7 ‘‘(D) identify administrative and manage8 ment requirements necessary to ensure the ef9 fective operation of the system;

10 ‘‘(E) select a final option from among op11 tions identified in subparagraph (B);

12 ‘‘(F) include a financial plan that is suffi13 cient to ensure the implementation of the com14 pliance program; and

15 ‘‘(G) include such engineering designs and

16 specifications as are necessary to commence the

17 implementation of the compliance program.

18 ‘‘(4) SCHEDULE FOR IMPLEMENTATION.—Each

19 compliance program developed pursuant to this sub20 section shall be implemented as expeditiously as

21 practicable, but not later than 3 years after the date

22 of submittal of the compliance program to the Ad23 ministrator.

24 ‘‘(5) PUBLIC PARTICIPATION.—Each State or

25 public water system shall provide for public partici-
42

•S 1547 IS

1 pation in the development of a compliance program

2 under this subsection and shall, at a minimum, pro3 vide for a public hearing to hear comments on any

4 option selected pursuant to paragraph (3)(E).

5 ‘‘(6) REVIEW BY ADMINISTRATOR.—Each State

6 shall provide a copy of each compliance program to

7 the Administrator on completion of the program.

8 The Administrator may disapprove a compliance

9 program if the program is not consistent with the

10 requirements of this Act or poses an unreasonable

11 risk to public health. If the Administrator dis12 approves a compliance program for a public water

13 system, the system shall comply with maximum con14 taminant levels not later than 3 years after the date

15 of the disapproval.’’.

16 (2) CONFORMING AMENDMENTS.—

17 (A) Section 1411 (42 U.S.C. 300g) is

18 amended by striking ‘‘sections 1415 and 1416’’

19 and inserting ‘‘section 1416’’.

20 (B) Section 1412(b) (42 U.S.C. 300g–

21 1(b)) is amended—

22 (i) in paragraph (7)(A), by striking ‘‘,

23 but the Administrator may grant a vari24 ance from any specified treatment tech-
43

•S 1547 IS

1 nique in accordance with section

2 1415(a)(3)’’;

3 (ii) in paragraph (7)(C)(ii), by strik4 ing ‘‘In lieu of the provisions of section

5 1415 the’’ and inserting ‘‘The’’; and

6 (iii) in paragraph (8), by striking the

7 second and third sentences.

8 (C) Section 1448(b) (42 U.S.C. 300j–7(b))

9 is amended by striking ‘‘a variance or exemp10 tion under section 1415 or 1416’’ and inserting

11 ‘‘an exemption under section 1416’’.

12 (b) SMALL SYSTEM TECHNOLOGY GUIDANCE.—

13 (1) IN GENERAL.—Section 1412(b) (42 U.S.C.

14 300g1(b), as amended by section 4(c), is further

15 amended by adding at the end the following new

16 paragraph:

17 ‘‘(13)(A) At the same time as the Administrator pub18 lishes a national primary drinking water regulation pursu19 ant to this section, the Administrator shall publish guid20 ance describing various treatment technologies associated

21 with the contaminant that is the subject of regulations and

22 that are appropriate for systems serving fewer than 3,300

23 individuals.

24 ‘‘(B) The guidance published pursuant to this para25 graph shall identify the effectiveness of the technology, the
44

•S 1547 IS

1 cost of the technology, and any other characteristics of

2 the technology that the Administrator determines to be

3 relevant. The Administrator shall include in the guidance

4 low-cost technologies and may include technologies that

5 may not result in attainment of a maximum contaminant

6 level.

7 ‘‘(C) The Administrator may not include in the guid8 ance published under this paragraph any technology that

9 would pose an unreasonable risk to public health.’’.

10 (2) EXISTING REGULATIONS.—Not later than 2

11 years after the date of enactment of this Act, the

12 Administrator of the Environmental Protection

13 Agency shall issue small system technology guidance

14 for contaminants regulated by drinking water regu15 lations published at 54 Fed. Reg. 27486 on June

16 29, 1989, 56 Fed. Reg. 3526 on January 30, 1991,

17 56 Fed. Reg. 30266 on July 1, 1991, and 57 Fed.

18 Reg. 31776 on July 17, 1992, under title XIV of the

19 Public Health Service Act (42 U.S.C. 300f et seq.).

20 (3) EXTENSIONS.—

21 (A) IN GENERAL.—Notwithstanding any

22 other provision of law, no public water system

23 serving fewer than 3,300 individuals shall be re24 quired to comply with any maximum contami25 nant level or treatment technology specified in
45

•S 1547 IS

1 a regulation identified in paragraph (2) until

2 the date that is—

3 (i) the termination date of the compli4 ance period established in State small sys5 tem management plan developed pursuant

6 to section 1415(a)(5) of title XIV of the

7 Public Health Service Act (as amended by

8 section 5); or

9 (ii) the end of the compliance period

10 established in a small system compliance

11 program pursuant to section 1415(b)(4) of

12 such title (as amended by section 5).

13 (B) EXCEPTION TO EXTENSION.—The ex14 tension provided by subparagraph (A) shall not

15 apply to any public water system that—

16 (i) is in compliance with a maximum

17 contaminant level;

18 (ii) has installed treatment technology

19 to comply with a maximum contaminant

20 level; or

21 (iii) is subject to a court order to com22 ply with a maximum contaminant level.

23 (C) ADDITIONAL EXCEPTION.—The exten24 sion provided by subparagraph (A) shall not

25 apply to any contaminant addressed in the reg-
46

•S 1547 IS

1 ulations referred to in paragraph (2) (except for

2 the regulations referred to in subparagraph

3 (D)) if the contaminant was regulated prior to

4 1986.

5 (D) APPLICABILITY OF REGULATIONS.—In

6 the case of regulations published at 54 Fed.

7 Reg. 27486 on June 29, 1989, the extension

8 provided by subparagraph (A) shall only apply

9 to noncommunity public water systems.

10 SEC. 6. ENFORCEMENT OF DRINKING WATER REGULA11 TIONS.

12 (a) IN GENERAL.—Part G of the title (as amended

13 by section 3) is further amended to read as follows:

14 ‘‘PART G—ENFORCEMENT

15 ‘‘SEC. 1471. PROTECTION OF PUBLIC WATER SYSTEMS AND

16 GENERAL PROHIBITION OF CONTAMINATION

17 OF DRINKING WATER SOURCES.

18 ‘‘(a) GENERAL PROHIBITION ON CONTAMINATION.—

19 Notwithstanding any other provision of this title, the fail20 ure to comply with any applicable requirement of this

21 title, any regulation promulgated pursuant to part B or

22 E, or any requirement imposed pursuant to part B or E

23 shall be unlawful.

24 ‘‘(b) DEFINITION.—As used in this part, the term

25 ‘applicable requirement of this title’ means—
47

•S 1547 IS

1 ‘‘(1) a requirement of section 1412, 1414,

2 1415, 1416, 1417, 1419, 1428, 1445, 1447, 1463,

3 1464, or 1471;

4 ‘‘(2) a regulation promulgated pursuant to a

5 section referred to in clause (i);

6 ‘‘(3) a requirement imposed pursuant to a sec7 tion referred to in clause (i); or

8 ‘‘(4) any requirement of, or permit issued,

9 under—

10 ‘‘(A) an applicable State program for

11 which the Administrator has made a determina12 tion that the requirements of section 1413 have

13 been satisfied; or

14 ‘‘(B) an applicable State program approved

15 pursuant to any other provision of part B.

16 ‘‘SEC. 1472. CIVIL ENFORCEMENT.

17 ‘‘(a) IN GENERAL.—

18 ‘‘(1) ACTIONS BY THE ADMINISTRATOR.—

19 Whenever, on the basis of any information available

20 to the Administrator, the Administrator finds that

21 any person—

22 ‘‘(A) has violated any applicable require23 ment of this title; or

24 ‘‘(B) has failed to comply with any order

25 issued under part B by the Administrator or by
48

•S 1547 IS

1 a State with primary enforcement authority

2 pursuant to section 1413 or by a State pursu3 ant to a program approved pursuant to any

4 other provision of part B,

5 the Administrator shall issue an order requiring the

6 person to comply with the requirement, regulation,

7 schedule, permit or State order pursuant to this sub8 section, issue a penalty order assessing an adminis9 trative penalty pursuant to subsection (c), commence

10 a civil action in accordance with subsection (d), or

11 notify the person and the State of the finding.

12 ‘‘(2) ORDERS.—If, during the period beginning

13 on the date that is 31 days after the Administrator

14 provides notice to the State of the finding the State

15 has not commenced appropriate enforcement action,

16 the Administrator shall—

17 ‘‘(A) issue an order requiring the person to

18 comply with the requirement, regulation, sched19 ule, or permit pursuant to this subsection;

20 ‘‘(B) issue a penalty order proposing an

21 administrative penalty pursuant to subsection

22 (c); or

23 ‘‘(C) or commence a civil action in accord24 ance with subsection (d).
49

•S 1547 IS

1 ‘‘(3) COMPLIANCE.—Compliance with a require2 ment of a small system compliance program carried

3 out pursuant to section 1415(b), an exemption is4 sued pursuant to section 1416, or any schedule or

5 requirement imposed pursuant to section 1415(b) or

6 1416 shall, for the purposes of this section, be con7 sidered as compliance with section 1412.

8 ‘‘(b) ADMINISTRATIVE COMPLIANCE ORDERS.—

9 ‘‘(1) SERVICE.—If a compliance order or notice

10 under subsection (a) is issued to a corporation, a

11 copy of the compliance order or notice shall be

12 served on any appropriate corporate officers.

13 ‘‘(2) REQUIREMENTS.—A compliance order is14 sued under subsection (a) shall—

15 ‘‘(A) be served by personal service;

16 ‘‘(B) state with reasonable specificity the

17 nature of the violation; and

18 ‘‘(C) specify a reasonable time for compli19 ance that takes into account the nature of the

20 violation.

21 ‘‘(c) ADMINISTRATIVE PENALTY ORDERS.—

22 ‘‘(1) VIOLATIONS.—

23 ‘‘(A) IN GENERAL.—If the Administrator

24 makes a finding pursuant to subsection (a) that

25 a person (other than a Federal agency) has vio-
50

•S 1547 IS

1 lated a requirement referred to in subsection

2 (a)(1)(A) or has failed to comply with an order

3 referred to in subsection (a)(1)(B), the Admin4 istrator may issue a penalty order assessing a

5 class I civil penalty or a class II civil penalty

6 under this subsection against the person.

7 ‘‘(B) CLASS II CIVIL PENALTY.—If the Ad8 ministrator makes a finding pursuant to sub9 section (a), that a Federal agency has violated

10 a requirement referred to in subsection

11 (a)(1)(A) or has failed to comply with an order

12 referred to in subsection (a)(1)(B), the Admin13 istrator may issue a penalty order assessing a

14 class II civil penalty under this subsection

15 against the Federal agency.

16 ‘‘(C) CLASS I ASSESSMENT PROCE17 DURES.—Before issuing an order assessing a

18 class I civil penalty under this subsection, the

19 Administrator shall provide the person to be as20 sessed the penalty with written notice of the

21 proposal of the Administrator to issue the order

22 and the opportunity to, not later than 30 days

23 after the date of receipt of the notice, request

24 a hearing on the proposed order. The hearing

25 shall not be subject to sections 555 and 556 of
51

•S 1547 IS

1 title 5, United States Code. The hearing shall

2 provide a reasonable opportunity for the person

3 to be heard and present evidence.

4 ‘‘(D) CLASS II ASSESSMENT PROCE5 DURES.—

6 ‘‘(i) IN GENERAL.—Before issuing an

7 order assessing a class II civil penalty

8 under this subsection, the Administrator

9 shall—

10 ‘‘(I) act in the same manner for,

11 an in accordance with the same provi12 sions of law applicable to, the assess13 ment and collection of civil penalties

14 after notice and opportunity for a

15 hearing on the record in accordance

16 with section 554 of title 5, United

17 States Code;

18 ‘‘(II) provide public notice of,

19 and reasonable opportunity to com20 ment on, the proposal to issue the

21 order; and

22 ‘‘(III) in the case of a request for

23 a hearing by the appropriate official

24 of a Federal agency that is the subject
52

•S 1547 IS

1 of a proposed penalty order, give

2 prompt public notice of the request.

3 ‘‘(ii) PROCEDURES.—The Adminis4 trator may issue rules for discovery proce5 dures in class II hearings under this sub6 section. Any person who comments on a

7 proposed assessment of a class II penalty

8 under this subsection shall be given notice

9 of any hearing held under this section and

10 of the order assessing the penalty. In any

11 hearing concerning a class II penalty held

12 pursuant to this subsection, the person

13 shall be provided a reasonable opportunity

14 to be heard and present evidence.

15 ‘‘(2) CLASSES OF PENALTIES.—

16 ‘‘(A) CLASS I.—A class I civil penalty as17 sessed under paragraph (1) shall be in an

18 amount not to exceed $10,000 per day per vio19 lation, except that the maximum amount of a

20 class I civil penalty referred to in the preceding

21 sentence shall not exceed $25,000. A class I

22 penalty order issued pursuant to subsection (c),

23 other than an order issued upon consent, shall

24 become final not later than 30 days after the

25 order is issued. An order issued upon consent
53

•S 1547 IS

1 pursuant to this subsection shall become final

2 on the issuance of the order.

3 ‘‘(B) CLASS II.—A class II civil penalty as4 sessed under paragraph (1) shall be in an

5 amount not to exceed $10,000 per day per vio6 lation, except that the maximum amount of a

7 class II civil penalty assessed under paragraph

8 (1) shall not exceed $200,000. A class II pen9 alty order issued pursuant to subsection (c),

10 other than an order issued upon consent, shall

11 become final unless, not later than 30 days

12 after the order is issued along with written no13 tice of an opportunity to request a hearing, the

14 person who is the subject of the order requests

15 a hearing.

16 ‘‘(3) DETERMINING AMOUNT.—In determining

17 the amount of a penalty assessed under this sub18 section, the Administrator shall take into account

19 the seriousness of each violation, the economic bene20 fit (if any) resulting from the violation, any history

21 of similar violations including violations that are not

22 part of the then current action, any good-faith ef23 forts to comply with applicable requirements before

24 the initiation of the action, the economic impact of
54

•S 1547 IS

1 the penalty on the violator, and such other matters

2 as justice may require.

3 ‘‘(4) EFFECT OF ORDER.—

4 ‘‘(A) LIMITATION ON ACTIONS UNDER

5 OTHER SECTIONS.—An action taken by the Ad6 ministrator under this subsection shall not af7 fect or limit the authority of the Administrator

8 to carry out the enforcement of this title; except

9 that any violation—

10 ‘‘(i) with respect to which the Admin11 istrator has commenced and is diligently

12 prosecuting a penalty action under this

13 subsection; or

14 ‘‘(ii) for which the Administrator has

15 issued a final order not subject to further

16 judicial review and the violator has paid a

17 penalty assessed under this subsection,

18 shall not also be the subject of a civil penalty

19 action under subsection (d) or, in the case of a

20 class II civil penalty, under section 1449.

21 ‘‘(B) APPLICABILITY OF LIMITATION WITH

22 RESPECT TO CITIZEN SUITS.—The limitations

23 described in subparagraph (A) concerning civil

24 penalty actions carried out pursuant to section
55

•S 1547 IS

1 1449 shall not apply with respect to any viola2 tion with respect to which—

3 ‘‘(i) a civil action under section 1449

4 has been filed prior to commencement of a

5 penalty action under this subsection, or

6 ‘‘(ii) notice of an alleged violation of

7 this title has been given in accordance with

8 section 1449 prior to the commencement of

9 an action carried out pursuant to this sub10 section and an action is filed pursuant to

11 section 1449 with respect to the alleged

12 violation before the date that is 120 days

13 after the date that the notice is given.

14 ‘‘(5) EFFECT OF ACTION ON COMPLIANCE.—No

15 action by the Administrator under this subsection

16 shall affect the obligation of any person to comply

17 with—

18 ‘‘(A) any requirement of section 1471 or

19 any other provision of this title;

20 ‘‘(B) any regulation promulgated pursuant

21 to this title;

22 ‘‘(C) any schedule or other requirement

23 imposed pursuant to this title; and

24 ‘‘(D) any requirement of or permit issued

25 under—
56

•S 1547 IS

1 ‘‘(i) an applicable State program for

2 which the Administrator has made a deter3 mination that the requirements of section

4 1413 are satisfied; or

5 ‘‘(ii) an applicable State program ap6 proved pursuant to any other provision of

7 this title or any order issued by the Ad8 ministrator pursuant to this title.

9 ‘‘(6) JUDICIAL REVIEW.—

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

11 whom a penalty order is issued under this sub12 section, except upon consent, may obtain review

13 of the order—

14 ‘‘(i) in the case of the assessment of

15 a class I civil penalty, in the United States

16 District Court for the District of Columbia

17 Circuit or in the district court in the dis18 trict in which the violation is alleged to

19 have occurred; or

20 ‘‘(ii) in the case of the assessment of

21 a class II civil penalty, in the United

22 States Court of Appeals for the District of

23 Columbia Circuit or for any other circuit

24 in which the person resides or transacts

25 business,
57

•S 1547 IS

1 by filing a notice of appeal with the court dur2 ing the 30-day period beginning on the date the

3 penalty order becomes final and simultaneously

4 sending a copy of the notice by certified mail to

5 the Administrator and the Attorney General.

6 The Administrator shall promptly file in such

7 court a certified copy of the record on which the

8 order was issued. The court shall not set aside

9 or remand the order unless the court finds that

10 there is not substantial evidence in the record,

11 taken as a whole, to support the finding of a

12 violation or that the assessment by the Admin13 istrator of the penalty constitutes an abuse of

14 discretion. The court may not impose an addi15 tional civil penalty for the violation that is the

16 subject of the assessment by the Administrator

17 unless the court finds that the assessment con18 stitutes an abuse of discretion by the Adminis19 trator.

20 ‘‘(B) JUDICIAL REVIEW.—Notwithstanding

21 section 1448(a)(2), a class I penalty order is22 sued under subsection (c) shall be subject to ju23 dicial review only under subparagraph (A)(i).

24 ‘‘(7) COLLECTION.—If any person fails to pay

25 an assessment of a civil penalty—
58

•S 1547 IS

1 ‘‘(A) after the order making the assess2 ment has become final, or

3 ‘‘(B) after an action brought under para4 graph (6) a court has entered a final judgment

5 in favor of the Administrator,

6 the Administrator shall request the Attorney General

7 to bring a civil action in an appropriate district

8 court to recover the amount assessed (plus interest

9 at currently prevailing rates from the date of the

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

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

12 and appropriateness of the penalty shall not be sub13 ject to judicial review.

14 ‘‘(8) SUBPOENAS.—The Administrator may, in

15 connection with administrative proceedings under

16 this subsection or in connection with investigations

17 conducted pursuant to this title, issue subpoenas for

18 the attendance and testimony of witnesses and the

19 production of relevant papers, books, or documents.

20 In case of contumacy or refusal to obey a subpoena

21 issued pursuant to this paragraph and served to any

22 person, the district court of the United States for

23 any district in which the person is found, resides, or

24 transacts business, on application by the United

25 States and after notice to the person, shall have ju-
59

•S 1547 IS

1 risdiction to issue an order requiring the person to

2 appear and give testimony before an administrative

3 law judge or the Administrator or to appear and

4 produce documents before an administrative law

5 judge or the Administrator (or both). A failure to

6 obey an order of the court issued pursuant to the

7 preceding sentence may be punished by the court as

8 a contempt of the court.

9 ‘‘(d) CIVIL ACTIONS.—

10 ‘‘(1) IN GENERAL.—A civil action commenced

11 by the Administrator pursuant to this section shall

12 be for appropriate relief, including a permanent or

13 temporary injunction against any person who—

14 ‘‘(A) has violated any applicable require15 ment of this title; or

16 ‘‘(B) has failed to comply with any order

17 issued under this title by the Administrator or

18 by a State with primary enforcement authority

19 pursuant to section 1413.

20 ‘‘(2) JURISDICTION.—An action under this sub21 section may be brought in the district court of the

22 United States for the district in which the defendant

23 is located, resides, or is doing business, and the

24 court shall have jurisdiction to restrain any applica25 ble violation and to require compliance with a re-
60

•S 1547 IS

1 quirement referred to in subparagraph (A). The

2 court may enter such judgment as the protection of

3 public health requires.

4 ‘‘(3) PENALTIES.—Any person who—

5 ‘‘(A) has violated any applicable require6 ment of this title; or

7 ‘‘(B) has failed to comply with any order

8 issued under this title by the Administrator or

9 by a State with primary enforcement authority

10 pursuant to section 1413,

11 shall be subject to a civil judicial penalty in an

12 amount not to exceed $25,000 per day for each vio13 lation.

14 ‘‘(4) DETERMINATION OF AMOUNT OF PEN15 ALTY.—In determining the amount of a civil penalty

16 assessed pursuant to paragraph (3), the court shall

17 consider the seriousness of each violation, the eco18 nomic benefit (if any) resulting from the violation,

19 any history of similar violations including violations

20 that are not part of the then current action, any

21 good-faith efforts to comply with applicable require22 ments before the initiation of the civil action, the

23 economic impact of the penalty on the violator, and

24 such other matters as justice may require.
61

•S 1547 IS

1 ‘‘(e) STATUTORY CONSTRUCTION.—Nothing in this

2 section is intended to be construed to limit the authority

3 of the Administrator to take enforcement action against

4 a Federal agency under any other provision of this title.

5 ‘‘SEC. 1473. CRIMINAL ENFORCEMENT.

6 ‘‘(a) NEGLIGENT VIOLATIONS.—Any person who neg7 ligently violates any applicable requirement of this title

8 shall, upon conviction, be punished by a fine or imprison9 ment for a period of not more than 1 year (or both), as

10 provided in title 18, United States Code.

11 ‘‘(b) KNOWING VIOLATIONS.—

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), any person who knowingly—

14 ‘‘(A) violates any applicable requirement of

15 this title; or

16 ‘‘(B) has failed to comply with any order

17 issued pursuant to section 1431,

18 shall, upon conviction, be punished by a fine or im19 prisonment for a period of not more than 5 years (or

20 both), as provided in title 18, United States Code.

21 ‘‘(2) MULTIPLE CONVICTIONS.—With respect to

22 a violation committed by a person after a first con23 viction of the person for any violation specified in

24 paragraph (1), the maximum punishment for the

25 person upon conviction shall be doubled with respect
62

•S 1547 IS

1 to the amount of a fine and the length of imprison2 ment.

3 ‘‘(c) KNOWING ENDANGERMENT.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), a person who knowingly—

6 ‘‘(A) violates any applicable requirement of

7 this title;

8 ‘‘(B) fails to comply with any order issued

9 pursuant to section 1431; and

10 ‘‘(C) in the course or connection with the

11 act of the violation places any other person in

12 imminent danger of death or serious bodily in13 jury,

14 shall, upon conviction, be punished by a fine or im15 prisonment for a period of not more than 15 years

16 (or both), as provided in title 18, United States

17 Code.

18 ‘‘(2) ADDITIONAL PROVISIONS.—

19 ‘‘(A) KNOWING CONDUCT.—For the pur20 poses of this subsection—

21 ‘‘(i) in determining whether a defend22 ant who is an individual knew that the

23 conduct of the defendant placed another

24 person in imminent danger of death or se25 rious bodily injury—
63

•S 1547 IS

1 ‘‘(I) the defendant is responsible

2 only for actual awareness or actual

3 belief that the defendant possessed;

4 and

5 ‘‘(II) knowledge possessed by a

6 person other than the defendant but

7 not by the defendant may not be at8 tributed to the defendant,

9 except that in proving the possession by

10 the defendant of actual knowledge, cir11 cumstantial evidence may be used, includ12 ing evidence that the defendant took af13 firmative steps to shield the defendant

14 from relevant information; and

15 ‘‘(ii) it is an affirmative defense to

16 prosecution that the conduct charged was

17 consented to by the person endangered and

18 that the danger and conduct charged were

19 reasonably foreseeable hazards of—

20 ‘‘(I) an occupation, a business, or

21 a profession; or

22 ‘‘(II) medical treatment or medi23 cal or scientific experimentation con24 ducted by professionally approved

25 methods and such other person had
64

•S 1547 IS

1 been made aware of the risks involved

2 prior to giving consent.

3 ‘‘(B) PREPONDERANCE OF EVIDENCE.—A

4 defense referred to in subparagraph (A)(ii) may

5 be established pursuant to subparagraph (A) by

6 a preponderance of the evidence.

7 ‘‘(C) DEFINITIONS.—As used in this sub8 section:

9 ‘‘(i) IMMINENT DANGER.—The term

10 ‘imminent danger’ means the existence of a

11 condition or combination of conditions that

12 could reasonably be expected to cause

13 death or serious bodily injury unless the

14 condition (or combination of conditions) is

15 remedied.

16 ‘‘(ii) SERIOUS BODILY INJURY.—The

17 term ‘serious bodily injury’ means bodily

18 injury that involves a substantial risk of

19 death, unconsciousness, extreme physical

20 pain, protracted and obvious disfigure21 ment, or protracted loss or impairment of

22 the function of a bodily member, organ, or

23 mental faculty.

24 ‘‘(d) FALSE STATEMENTS; MONITORING.—
65

•S 1547 IS

1 ‘‘(1) IN GENERAL.—Any person who know2 ingly—

3 ‘‘(A) makes any false material statement,

4 representation, or certification in, or omits ma5 terial information from, or knowingly alters,

6 conceals, or fails to file any notice, application,

7 record, report, plan, or other document filed or

8 required to be maintained pursuant to part B

9 or E (regardless of whether the Administrator

10 or a State enforces the requirements);

11 ‘‘(B) fails to make a report required under

12 part B or E; or

13 ‘‘(C) falsifies, tampers with, renders inac14 curate, fails to install, maintain, or utilize any

15 monitoring device or monitoring or treatment

16 method required to be maintained or carried

17 under part B or E (including any regulation or

18 order issued by the Administrator or any State

19 pursuant to this title),

20 shall, upon conviction, be punished by a fine or im21 prisonment for a period of not more than 2 years (or

22 both), as provided in title 18, United States Code.

23 ‘‘(2) MULTIPLE CONVICTIONS.—With respect to

24 a violation committed by a person after a first con25 viction of the person for any violation of part B or
66

•S 1547 IS

1 E, the maximum punishment specified in paragraph

2 (1) shall be doubled with respect to the amount of

3 a fine and the length of imprisonment. With respect

4 to a violation committed by a person who carries out

5 an illegal activity that is punishable under this sec6 tion with respect to which the purpose is to conceal

7 or cover up a violation of part B or E, the maximum

8 punishment specified in paragraph (1) shall be dou9 bled with respect to the amount of a fine and the

10 length of imprisonment.

11 ‘‘SEC. 1474. EFFECT OF ENFORCEMENT ACTION ON COMPLI12 ANCE WITH OTHER APPLICABLE LAWS AND

13 REGULATIONS.

14 ‘‘No action by the Administrator or any other official

15 of the Federal Government pursuant to this title is in16 tended to have any effect on the obligation of any person

17 to comply with each law (including each regulation), per18 mit term, or other requirement that applies to the person

19 pursuant to Federal law.

20 ‘‘SEC. 1475. STATE AUTHORITY TO ADOPT OR ENFORCE

21 LAWS.

22 ‘‘Nothing in this title is intended to diminish any au23 thority of a State or political subdivision of a State to

24 adopt or enforce any law (including any regulation) con25 cerning drinking water regulation or public water systems,
67

•S 1547 IS

1 except that no State or local law referred to in this section

2 may relieve any person of any requirement that is applica3 ble to the person under this title.

4 ‘‘SEC. 1476. CONSOLIDATION INCENTIVE.

5 ‘‘(a) IN GENERAL.—An owner or operator of a public

6 water system may submit to the State in which the system

7 is located (if the State has primary enforcement respon8 sibility pursuant to section 1413) or to the Administrator

9 (if the State does not have primary enforcement respon10 sibility) a plan for—

11 ‘‘(1) the physical consolidation of the system

12 with 1 or more other systems;

13 ‘‘(2) the consolidation of significant manage14 ment and administrative functions of the system

15 with 1 or more other systems; or

16 ‘‘(3) the transfer of ownership of the system to

17 a private entity that may reasonably be expected to

18 improve drinking water quality.

19 ‘‘(b) REQUIREMENTS FOR PLANS.—A plan submitted

20 pursuant to this subsection shall—

21 ‘‘(1) specify a schedule of steps related to the

22 consolidation or transfer of ownership that shall be

23 completed not later than 2 years after the date of

24 submission of the plan;
68

•S 1547 IS

1 ‘‘(2) describe such measures as are necessary to

2 ensure that the public water system will consistently

3 meet the requirements of this Act; and

4 ‘‘(3) describe any then current violation or any

5 anticipated future violation of this Act.

6 ‘‘(c) REVIEW OF PLAN.—

7 ‘‘(1) IN GENERAL.—The State shall review a

8 plan submitted pursuant to this subsection and shall

9 approve each plan that is consistent with the re10 quirements of this Act.

11 ‘‘(2) APPROVAL BY ADMINISTRATOR.—The

12 State shall provide an approved plan to the Adminis13 trator. The plan shall be considered to be approved

14 by the Administrator unless the Administrator dis15 approves the plan not later than 90 days after re16 ceiving the plan.

17 ‘‘(3) WITHDRAWAL OF APPROVAL.—The State

18 or the Administrator may withdraw the approval of

19 a plan on the basis of a substantial failure by an

20 owner or operator to comply with a schedule estab21 lished under paragraph (2).

22 ‘‘(d) CONSEQUENCES OF APPROVAL.—If the State

23 and the Administrator have approved a plan pursuant to

24 subsection (c)—
69

•S 1547 IS

1 ‘‘(1) no enforcement action conducted pursuant

2 to this part shall be commenced prior to the comple3 tion date specified in the schedule established pursu4 ant to subsection (b)(1); and

5 ‘‘(2) any violation identified in the approved

6 plan shall not be the subject of an enforcement ac7 tion conducted pursuant to this part prior to termi8 nation of the schedule.’’.

9 (b) PUBLIC NOTICE AND NOTICE TO STATE.—Sec10 tion 1414 (42 U.S.C. 300g–3) is amended—

11 (1) by striking subsections (a) and (b);

12 (2) by redesignating subsection (c) as sub13 section (a);

14 (3) in subsection (a) (as so redesignated)—

15 (A) in the first sentence—

16 (i) in paragraph (1), by redesignating

17 subparagraphs (A) and (B) as clauses (i)

18 and (ii), respectively;

19 (ii) in paragraph (2), by redesignating

20 subparagraphs (A) and (B) as clauses (i)

21 and (ii), respectively;

22 (iii) by redesignating paragraphs (1)

23 and (2) as subparagraphs (A) and (B), re24 spectively; and
70

•S 1547 IS

1 (iv) by inserting ‘‘(1)’’ after ‘‘(c)’’;

2 and

3 (B) by striking the second sentence and all

4 that follows through the end of the subsection

5 and inserting the following new paragraph:

6 ‘‘(2)(A) The Administrator shall, by regulation,

7 prescribe the form, manner, and frequency for giving no8 tice under this subsection.

9 ‘‘(B) Regulations issued under this subsection shall

10 specify notification procedures for each violation that has

11 the potential to cause serious adverse effects on human

12 health. Each notice of a violation provided under this sub13 paragraph shall—

14 ‘‘(i) be distributed as soon as practicable after

15 the violation, but not later than 24 hours after the

16 violation;

17 ‘‘(ii) be provided to appropriate broadcast

18 media;

19 ‘‘(iii) be published in a newspaper of general

20 circulation serving the area not later than 1 day

21 after the distribution of a notice pursuant to clause

22 (i), or the date of publication of the next issue of the

23 newspaper;

24 ‘‘(iv) provide a clear and readily understandable

25 explanation of—
71

•S 1547 IS

1 ‘‘(I) the violation;

2 ‘‘(II) any potential adverse effects on

3 human health;

4 ‘‘(III) the steps that the public water sys5 tem is taking to correct the violation; and

6 ‘‘(IV) the necessity of seeking alternative

7 water supplies until the violation is corrected;

8 and

9 ‘‘(v) be provided to the State agency that has

10 primary enforcement responsibility pursuant to sec11 tion 1413 and to the Administrator.

12 ‘‘(C) Notice of violations other than violations identi13 fied under subparagraph (B) shall be—

14 ‘‘(i) provided not less frequently than annually

15 and published in a newspaper of general circulation

16 serving the area; and

17 ‘‘(ii) provided to the State agency that has pri18 mary enforcement responsibility pursuant to section

19 1413 and to the Administrator.

20 ‘‘(D) Not later than January 1, 1996, and annually

21 thereafter, each State that has primary enforcement re22 sponsibility pursuant to section 1413 shall publish an an23 nual report on public water system compliance in the State

24 and submit the report to the Administrator.
72

•S 1547 IS

1 ‘‘(E) Not later than July 1, 1996, and annually

2 thereafter, the Administrator shall submit to Congress an

3 annual report summarizing and evaluating reports submit4 ted by States pursuant to subparagraph (D) and making

5 recommendations concerning the resources needed to im6 prove compliance with this title.’’;

7 (4) by redesignating subsection (d) as sub8 section (b); and

9 (5) by striking subsections (e) through (g).

10 (c) TECHNICAL AMENDMENTS.—

11 (1) Section 1416(b)(3) is amended by striking

12 ‘‘1414’’ and inserting ‘‘1472 or 1473’’.

13 (2) Section 1463 (42 U.S.C. 300j–23) is

14 amended by striking subsections (c) and (d).

15 (3) Section 1441 (42 U.S.C. 300j) is amend16 ed—

17 (A) by striking subsection (e); and

18 (B) by redesignating subsection (f) as sub19 section (e).

20 (d) STATUTORY CONSTRUCTION.—Nothing in this

21 section is intended to alter any administrative proceedings

22 for enforcement (including administrative proceedings for

23 the issuance and enforcement of orders) initiated before

24 the date of enactment of this section (including the proce-
73

•S 1547 IS

1 dures applicable to the enforcement proceedings in effect

2 on the day before the date of enactment of this section).

3 SEC. 7. CONTROL OF LEAD IN DRINKING WATER.

4 (a) FITTINGS AND FIXTURES.—Section 1417 (42

5 U.S.C. 300g–6) is amended by adding at the end the fol6 lowing new subsection:

7 ‘‘(e) LEAD PLUMBING FITTINGS AND FIXTURES.—

8 ‘‘(1) IN GENERAL.—Not later than 2 years

9 after the date of enactment of this subsection, the

10 Administrator shall issue regulations to establish a

11 health-effects based performance standard that es12 tablishes minimal leaching levels of lead from new

13 plumbing pipes, fittings, and fixtures that convey

14 drinking water.

15 ‘‘(2) CONSEQUENCES OF FAILURE TO MEET RE16 QUIREMENTS.—If the requirements of paragraph (1)

17 are not met—

18 ‘‘(A) by the date that is 4 years after the

19 date of enactment of this subsection, no person

20 may import, manufacture, process, or distribute

21 in commerce a plumbing fitting or fixture that

22 contains more than 7 percent lead by dry

23 weight;

24 ‘‘(B) by the date that is 5 years after the

25 date of enactment of this subsection, no person
74

•S 1547 IS

1 may import, manufacture, process, or distribute

2 in commerce a plumbing fitting or fixture that

3 contains more than 6 percent lead by dry

4 weight;

5 ‘‘(C) by the date that is 6 years after the

6 date of enactment of this subsection, no person

7 may import, manufacture, process, or distribute

8 in commerce a plumbing fitting or fixture that

9 contains more than 5 percent lead by dry

10 weight; or

11 ‘‘(D) by the date that is 7 years after the

12 date of enactment of this subsection, no person

13 may import, manufacture, process, or distribute

14 in commerce a plumbing fitting or fixture that

15 contains more than 4 percent lead by dry

16 weight.’’.

17 (b) ENFORCEMENT.—Section 1417(a) (42 U.S.C.

18 300g–6(a)) is amended—

19 (1) in paragraph (1)—

20 (A) in the matter preceding subparagraph

21 (A)—

22 (i) by striking ‘‘Any’’ and inserting

23 ‘‘No person shall use any’’; and

24 (ii) by striking ‘‘which is used’’; and
75

•S 1547 IS

1 (B) in the matter following subparagraph

2 (B), by striking ‘‘shall be’’ and inserting ‘‘which

3 is not’’; and

4 (2) in paragraph (2)(A), by inserting after

5 ‘‘Each’’ the following: ‘‘owner or operator of a’’.

6 SEC. 8. RADON IN DRINKING WATER AND INDOOR AIR.

7 (a) RADON IN DRINKING WATER.—Part B (42

8 U.S.C. 300g et seq.) is amended by adding at the end the

9 following new section:

10 ‘‘SEC. 1418. RADON IN DRINKING WATER.

11 ‘‘(a) REGULATIONS FOR RADON IN DRINKING

12 WATER.—Notwithstanding any other provision of this Act

13 or any other Federal law, on the date that is 1 year after

14 the date of enactment of this section, the Administrator

15 shall promulgate national primary drinking water regula16 tions for radon.

17 ‘‘(b) RADON STANDARD.—

18 ‘‘(1) MAXIMUM CONTAMINANT LEVEL.—The

19 regulations promulgated pursuant to subsection (a)

20 shall specify a maximum contaminant level goal and

21 a maximum contaminant level determined pursuant

22 to section 1412(b).

23 ‘‘(2) ALTERNATIVE PROGRAM.—Notwithstand24 ing the requirements of section 1412(b), the regula25 tions promulgated pursuant to subsection (a) shall—
76

•S 1547 IS

1 ‘‘(A) specify an alternative contaminant

2 level that poses a health risk that is equivalent

3 to the health risk associated with the national

4 average radon level in outdoor air, taking into

5 consideration risks from inhalation, ingestion of

6 radon in drinking water, and episodic uses of

7 drinking water;

8 ‘‘(B) specify a period of compliance of 3

9 years; and

10 ‘‘(C) specify minimum conditions for alter11 native compliance programs carried out pursu12 ant to subsection (c).

13 ‘‘(c) ALTERNATIVE COMPLIANCE PROGRAMS.—

14 ‘‘(1) IN GENERAL.—A public water system may

15 comply with the alternative contaminant level speci16 fied in subsection (b)(2) if the system is—

17 ‘‘(A) implementing an alternative compli18 ance program approved pursuant to this sub19 section; or

20 ‘‘(B) located in a State that is implement21 ing a program to reduce radon in indoor air

22 and is receiving State grant assistance for the

23 program pursuant to section 306 of the Toxic

24 Substances Control Act (15 U.S.C. 2666).

25 ‘‘(2) PROGRAM SUBMITTAL AND REVIEW.—
77

•S 1547 IS

1 ‘‘(A) SUBMITTAL OF PROGRAM.—The ap2 propriate official of a public water system re3 ferred to in paragraph (1) that proposes to

4 carry out an alternative compliance program re5 ferred to in such paragraph shall submit a pro6 gram to the State agency that has primary en7 forcement responsibility pursuant to section

8 1413 or another appropriate State agency des9 ignated by the Governor, not later than 18

10 months after the date of promulgation of the

11 regulations under subsection (a).

12 ‘‘(B) PUBLIC REVIEW AND COMMENT.—

13 The appropriate official of the public water sys14 tem shall provide opportunity for public review

15 and comment on the program prior to the sub16 mittal of the program to the State pursuant to

17 subparagraph (A) and shall provide to the State

18 a summary of public comments concerning the

19 program.

20 ‘‘(C) REVIEW BY STATE.—

21 ‘‘(i) IN GENERAL.—Not later than

22 180 days after the date of submittal of the

23 program, the appropriate official of the

24 State shall review and approve the pro-
78

•S 1547 IS

1 gram if the program is consistent with the

2 requirements of this section.

3 ‘‘(ii) REVIEW BY ADMINISTRATOR.—

4 The Administrator shall, at the request of

5 a State, review and approve a program

6 submitted to the State pursuant to this

7 subparagraph.

8 ‘‘(3) EDUCATIONAL MATERIAL.—Each alter9 native compliance program referred to in paragraph

10 (1)(A) shall provide for the distribution to each resi11 dential customer, not later than 1 year after the ap12 proval by the State of the program and every 5

13 years thereafter, educational material concerning

14 radon that describes—

15 ‘‘(A) the health threats posed by radon;

16 ‘‘(B) the sources of radon (including soil

17 gas and drinking water);

18 ‘‘(C) the level of radon in the drinking

19 water provided by the public water system that

20 is the subject of the program;

21 ‘‘(D) measures to reduce the levels of

22 radon in the air indoors; and

23 ‘‘(E) radon testing and mitigation services

24 offered by—

25 ‘‘(i) the public water system; and
79

•S 1547 IS

1 ‘‘(ii) persons who do business in the

2 service area and who are certified by the

3 Administrator as proficient in conducting

4 radon testing or mitigation.

5 ‘‘(4) TESTING FOR RADON IN INDOOR AIR.—

6 ‘‘(A) IN GENERAL.—Each alternative com7 pliance program referred to in paragraph

8 (1)(A) shall provide for testing of radon in in9 door air in not less than 50 percent of the resi10 dences of residential customers served by the

11 public water system as expeditiously as prac12 ticable, but not later than 5 years after the date

13 of approval of an alternative compliance pro14 gram pursuant to this subsection.

15 ‘‘(B) REQUIREMENT FOR TESTING.—Test16 ing for radon in indoor air conducted pursuant

17 to this paragraph shall be conducted by a per18 son certified as proficient in conducting testing

19 for radon in air by the Administrator.

20 ‘‘(5) NOTIFICATION.—Each public water system

21 with a program approved by a State under this sub22 section shall notify each person who is certified by

23 the Administrator as proficient in radon mitigation

24 and known to provide radon mitigation services in

25 the service area of the system of the approval of the
80

•S 1547 IS

1 program, the service area of the system, and the ob2 ligation to report, pursuant to subsection (d), to the

3 public water system any radon mitigation projects in

4 the service area.

5 ‘‘(6) RADON NEW CONSTRUCTION STAND6 ARDS.—Each program developed pursuant to this

7 section shall include the adoption, prior to submittal

8 of the program, of enforceable mechanisms requiring

9 compliance with radon new home construction stand10 ards established by the Administrator pursuant to

11 section 304 of the Toxic Substances Control Act (15

12 U.S.C. 2664) for each new home to be served by the

13 public water system that is the subject of the pro14 gram beginning on the date that is 2 years after the

15 date of adoption of the mechanisms.

16 ‘‘(7) ASSESSMENT AND EVALUATION.—

17 ‘‘(A) SUBMITTAL OF ASSESSMENTS.—Each

18 public water system with a program approved

19 by a State pursuant to this subsection shall

20 provide an assessment and evaluation of pro21 gram implementation to the State not later

22 than 5 years after the date of approval of the

23 program, and every 5 years thereafter.

24 ‘‘(B) PROGRAM DISAPPROVAL.—In any

25 case in which a State or the Administrator de-
81

•S 1547 IS

1 termines that a public water system has not

2 fully complied with the requirements of this

3 subsection, the State or the Administrator

4 shall—

5 ‘‘(i) notify the public water system of

6 the determination; and

7 ‘‘(ii) disapprove the alternative com8 pliance program not later than 1 year after

9 providing notice pursuant to clause (i), un10 less the system takes sufficient corrective

11 action.

12 ‘‘(C) COMPLIANCE.—A public water sys13 tem for which an alternative compliance pro14 gram is disapproved shall comply with the max15 imum contaminant level for radon (as deter16 mined by the regulations promulgated under

17 subsection (a)) not later than 3 years after the

18 date of disapproval by the Administrator.

19 ‘‘(8) ROLE OF STATE.—

20 ‘‘(A) PROGRAM RESPONSIBILITIES.—A

21 State may assume some or all of the respon22 sibilities of carrying out an alternative compli23 ance program approved pursuant to this sub24 section.
82

•S 1547 IS

1 ‘‘(B) PROHIBITION.—No Federal grant as2 sistance provided to a State pursuant to title

3 III of the Toxic Substances Control Act (15

4 U.S.C. 2661 et seq.) may be used to carry out

5 alternative compliance programs for public

6 water systems.

7 ‘‘(d) NOTICE OF RADON MITIGATION.—

8 ‘‘(1) IN GENERAL.—Each person who is—

9 ‘‘(A) certified by the Administrator as pro10 ficient in radon mitigation; and

11 ‘‘(B) notified by a public water system

12 pursuant to subsection (c)(7),

13 shall provide the public water system with a notice

14 of any work conducted at a residence within the

15 service area of the public water system.

16 ‘‘(2) SUSPENSION OF CERTIFICATION.—If the

17 Administrator finds that a person who is certified by

18 the Administrator as proficient in radon mitigation

19 has failed to comply with this subsection, the Ad20 ministrator may suspend the certification of the per21 son.

22 ‘‘(e) REPORT.—

23 ‘‘(1) IN GENERAL.—Not later than 7 years

24 after the date of enactment of this subsection, the

25 Administrator shall submit a report to Congress that
83

•S 1547 IS

1 assesses and evaluates the implementation of the

2 regulations promulgated pursuant to subsection (a).

3 ‘‘(2) CONTENTS OF REPORT.—The report

4 shall—

5 ‘‘(A) identify the number of public water

6 systems that are in violation of a maximum

7 contaminant level or alternative contaminant

8 level established pursuant to the regulations;

9 ‘‘(B) identify the number of programs of

10 public water systems approved by a State pur11 suant to this subsection and the number of

12 States receiving grant assistance under section

13 306 of the Toxic Substances Control Act (15

14 U.S.C. 2666);

15 ‘‘(C) evaluate the implementation of the

16 public water system and State programs; and

17 ‘‘(D) estimate the overall change in radon

18 exposure attained as a result of alternative

19 compliance programs and State radon pro20 grams.

21 ‘‘(f) RESIDENTIAL CUSTOMER DEFINED.—As used

22 in this section, the term ‘residential customer’ means a

23 customer of a public water system that occupies a resi24 dence other than an apartment located above the first

25 story of a building.’’.
84

•S 1547 IS

1 (b) RADON TESTING AT TIME OF HOME SALE.—

2 (1) IN GENERAL.—Title III of the Toxic Sub3 stances Control Act (15 U.S.C. 2661 et seq.) is

4 amended by adding at the end the following new sec5 tion:

6 ‘‘SEC. 312. RADON TESTING AT TIME OF HOME SALE.

7 ‘‘(a) PROHIBITION.—Notwithstanding any other pro8 vision of law, beginning on the date that is 60 days after

9 the date on which the Administrator issues regulations

10 pursuant to subsection (b), no Federal agency shall pro11 vide a loan, loan guarantee, or other financial assistance

12 relating to the financing of a residence located in an area

13 identified by the Administrator as a high-risk radon area

14 unless the sale of the residence is conducted in compliance

15 with the regulations issued pursuant to subsection (b).

16 ‘‘(b) REGULATIONS.—Not later than 2 years after

17 the date of enactment of this section, the Administrator

18 shall issue regulations requiring testing for radon in in19 door air at the time of sale of a residence located in a

20 high-risk radon area.

21 ‘‘(c) TESTING.—The regulations issued pursuant to

22 subsection (b) shall specify minimum standards and meth23 ods for radon tests and shall require that individuals con24 ducting testing and test devices be certified by the Admin-
85

•S 1547 IS

1 istrator pursuant to section 305. The regulations shall

2 identify procedures to prevent tampering with test devices.

3 ‘‘(d) REPORTING.—The regulations issued pursuant

4 to subsection (b) shall require that, not later than 10 days

5 prior to the date of purchase of a residence, a person who

6 proposes to purchase the residence shall be provided

7 with—

8 ‘‘(1) the results of any radon test of the resi9 dence; and

10 ‘‘(2) background information on the health

11 threat posed by radon.

12 ‘‘(e) HIGH-RISK RADON AREAS.—The regulations

13 promulgated pursuant to subsection (b) shall describe

14 high-risk radon areas identified by the Administrator pur15 suant to this title.

16 ‘‘(f) RESIDENCES.—The regulations issued pursuant

17 to subsection (b) shall define the types of residential struc18 tures for which tests for radon are required.

19 ‘‘(g) EXISTING TEST.—The regulations issued pursu20 ant to subsection (b) shall provide that, in any case in

21 which a radon test has been conducted for a residence pur22 suant to the regulations, no additional retesting is re23 quired.

24 ‘‘(h) PREEXISTING TESTS.—The regulations issued

25 pursuant to subsection (b) shall provide that any radon
86

•S 1547 IS

1 test conducted prior to the date of promulgation of the

2 regulations shall be considered to meet the requirements

3 of a test for radon for the purposes of the regulations if

4 the test was conducted in a manner that is substantially

5 comparable to a test conducted in accordance with the re6 quirements of subsection (c).

7 ‘‘(i) FEDERAL AGENCY DEFINED.—As used in this

8 section, the term ‘Federal agency’ means an Executive

9 agency, as defined in section 105 of title 5, United States

10 Code, and includes the Postal Service and any agency of

11 the legislative or judicial branch of the Federal Govern12 ment, and any federally chartered secondary mortgage in13 stitution.’’.

14 (2) CONFORMING AMENDMENT.—The table of

15 contents in section 1 of the Toxic Substances Con16 trol Act (15 U.S.C. prec. 2601) is amended by in17 serting after the item relating to section 311 the fol18 lowing new item:

‘‘Sec. 312. Radon testing at time of home sale.’’.

19 SEC. 9. POINT OF USE DEVICES.

20 Part B (42 U.S.C. 300g et seq.), as amended by sec21 tion 8, is further amended by adding at the end the follow22 ing new section:
87

•S 1547 IS

1 ‘‘SEC. 1419. POINT OF USE DEVICES.

2 ‘‘(a) IN GENERAL.—The Administrator shall estab3 lish a program to determine the effectiveness of water

4 treatment devices designed to—

5 ‘‘(1) remove contaminants installed in a resi6 dence at the point of water use; and

7 ‘‘(2) ensure that consumers are provided with

8 appropriate information about the devices at the

9 time of sale.

10 ‘‘(b) SUBMISSION OF INFORMATION BY MANUFAC11 TURERS.—Not later than 1 year after the date of enact12 ment of this section, the Administrator shall issue regula13 tions requiring each manufacturer of a water treatment

14 device intended to be installed at the point of water use

15 to submit to the Administrator such information on the

16 effectiveness and functions of the device as the Adminis17 trator determines is necessary to carry out this section.

18 ‘‘(c) PROVISION OF INFORMATION TO CONSUMERS.—

19 Not later than 3 years after the date of enactment of this

20 section, the Administrator shall issue regulations estab21 lishing minimum requirements for information to be pro22 vided to consumers prior to the purchase of water treat23 ment devices installed at the point of water use, includ24 ing—
88

•S 1547 IS

1 ‘‘(1) the efficiency of removal of contaminants

2 or classes of contaminants, including the efficiency

3 of a device compared to other comparable devices;

4 ‘‘(2) the period of effectiveness of the device

5 and the rate of degradation of treatment efficiency,

6 if any; and

7 ‘‘(3) those contaminants for which the Adminis8 trator has published a national drinking water

9 standard under section 1412 that are not removed

10 from drinking water by the device.’’.

11 SEC. 10. DRINKING WATER SUPPLY PROTECTION.

12 (a) IN GENERAL.—Section 1427 (42 U.S.C. 300h–

13 6) is amended—

14 (1) by striking the section heading and insert15 ing the following new section heading:

16 ‘‘SEC. 1427. DRINKING WATER SUPPLY PROTECTION

17 AREAS.’’;

18 (2) by striking subsections (a) and (b) and in19 serting the following new subsections:

20 ‘‘(a) PURPOSE.—The purpose of this section is to

21 support and assist the establishment of programs for the

22 protection of water supply areas.

23 ‘‘(b) DEFINITION OF SUPPLY PROTECTION AREA.—

24 As used in this section, the term ‘water supply protection
89

•S 1547 IS

1 area’ means an area that contains ground water or surface

2 water that—

3 ‘‘(1) is the principal source of supply to a pub4 lic water system;

5 ‘‘(2) if contaminated, would create a significant

6 hazard to public health; and

7 ‘‘(3) satisfies the criteria established pursuant

8 to subsection (d).’’;

9 (3) in subsection (c)—

10 (A) in the first sentence—

11 (i) by striking ‘‘State’’;

12 (ii) by striking ‘‘critical aquifer’’ and

13 inserting ‘‘water supply’’; and

14 (iii) by striking ‘‘selection of such

15 area for a demonstration program’’ and in16 serting ‘‘approval of an application for the

17 designation of the area’’; and

18 (B) by striking the last sentence;

19 (4) in subsection (d)—

20 (A) in the matter preceding paragraph (1),

21 by striking ‘‘1986’’ and inserting ‘‘1993’’;

22 (B) by striking ‘‘critical aquifer’’ each

23 place it appears and inserting ‘‘water supply’’;

24 (C) by striking ‘‘aquifer’’ each place it ap25 pears and inserting ‘‘water supply’’; and
90

•S 1547 IS

1 (D) by striking ‘‘ground’’ each place it ap2 pears;

3 (5) in subsection (e)—

4 (A) by striking ‘‘demonstration’’;

5 (B) in paragraph (1), by striking ‘‘critical

6 aquifer’’ and inserting ‘‘water supply’’; and

7 (C) by striking ‘‘critical’’ each place it ap8 pears;

9 (6) in subsection (f)—

10 (A) by striking ‘‘ground’’ each place it ap11 pears and inserting ‘‘drinking’’;

12 (B) by striking ‘‘underground’’ each place

13 it appears;

14 (C) by striking ‘‘critical’’ each place it ap15 pears; and

16 (D) by adding at the end of the subsection

17 the following new paragraph:

18 ‘‘(3) A comprehensive management plan devel19 oped pursuant to this subsection may also propose

20 modifications of otherwise applicable monitoring re21 quirements of national primary drinking water regu22 lations. Any proposal made in the plan for alter23 native monitoring requirements shall identify specific

24 pollution prevention measures to be implemented

25 that allow for an alternative monitoring program.’’;
91

•S 1547 IS

1 (7) by striking subsection (g) and inserting the

2 following new subsection:

3 ‘‘(g) ACTIVITIES INVOLVING FEDERAL AGENCIES.—

4 ‘‘(1) FEDERAL AGENCY ACTIVITIES.—In the

5 case of a water supply protection area within a State

6 for which an application is approved pursuant to

7 subsection (i), each activity or development project

8 carried out by a Federal agency within the area

9 shall be carried out in a manner that is, to the maxi10 mum extent practicable, consistent with the ap11 proved application and plan referred to in subsection

12 (e)(2).

13 ‘‘(2) FEDERAL LICENSEE AND PERMITTEE AC14 TIVITIES.—In the case of a water supply protection

15 area for which an application is approved pursuant

16 to subsection (i), each applicant for a required Fed17 eral license or permit to conduct an activity within

18 the area shall provide in the application to the li19 censing or permitting agency a certification from the

20 planning entity that the proposed activity is consist21 ent with the comprehensive management plan of the

22 applicant.

23 ‘‘(3) PRESIDENTIAL EXEMPTION.—The Presi24 dent may exempt any Federal project or develop25 ment project from the requirements of this sub-
92

•S 1547 IS

1 section if the President determines that the exemp2 tion is in the paramount interest of the United

3 States.’’;

4 (8) by striking subsections (i) and (j) and in5 serting the following new subsections:

6 ‘‘(i) APPROVAL OR DISAPPROVAL.—

7 ‘‘(1) IN GENERAL.—Not later than 120 days

8 after the receipt of an application under this section,

9 the Administrator shall approve or disapprove the

10 application.

11 ‘‘(2) DETERMINATION BY THE ADMINIS12 TRATOR.—The Administrator shall approve or dis13 approve an application on the basis of a determina14 tion that—

15 ‘‘(A) the water supply protection area

16 meets the criteria established under subsection

17 (d);

18 ‘‘(B) the application meets the require19 ments described in subsection (e); and

20 ‘‘(C) there are adequate legal authorities

21 and financial resources to ensure effective im22 plementation of the comprehensive management

23 plan required under subsection (e)(5).

24 ‘‘(3) SUBMISSION TO THE GOVERNOR.—If the

25 Administrator disapproves an application, the Ad-
93

•S 1547 IS

1 ministrator shall submit to the Governor a written

2 explanation of the reasons for the disapproval of the

3 application.

4 ‘‘(4) RESUBMISSION OF APPLICATIONS.—An

5 applicant may modify and resubmit any application

6 that is disapproved.

7 ‘‘(j) GRANTS.—

8 ‘‘(1) IN GENERAL.—The Administrator may

9 make grants to applicants that propose to develop

10 an application pursuant to subsection (c).

11 ‘‘(2) CONDITIONS FOR GRANTS.—A grant made

12 pursuant to this subsection shall be made on the

13 conditions that—

14 ‘‘(A) the applicant provides not less than

15 20 percent of the costs of developing the appli16 cation; and

17 ‘‘(B) a grant to an applicant is made for

18 not more than 3 consecutive years.’’; and

19 (9) in subsection (n)—

20 (A) in the first sentence—

21 (i) by striking ‘‘carry out this section’’

22 and inserting ‘‘make grants pursuant to

23 subsection (j)’’; and

24 (ii) by inserting after ‘‘$17,500,000’’

25 the following:
94

•S 1547 IS

‘‘1992–2000 ..................................................................... $20,000,000.’’;

1 and

2 (B) by striking the last sentence.

3 (b) CONFORMING AMENDMENT.—Section 1424 (42

4 U.S.C. 300h–3) is amended by striking subsection (e).

5 (c) STATE WATER SUPPLY PROTECTION PRO6 GRAM.—Section 1428 (42 U.S.C. 300h–7) is amended—

7 (1) by striking the section heading and insert8 ing the following new section heading:

9 ‘‘SEC. 1428. STATE PROGRAMS TO PROTECT WATER SUPPLY

10 AREAS.’’;

11 (2) in subsection (a)—

12 (A) by striking ‘‘wellhead’’ each place it

13 appears and inserting ‘‘water supply’’; and

14 (B) by striking ‘‘well’’ each place it ap15 pears and inserting ‘‘source’’;

16 (3) in subsections (b) and (c), by striking ‘‘well17 head’’ each place it appears and inserting ‘‘water

18 supply’’;

19 (4) by striking subsection (d) and inserting the

20 following new subsection:

21 ‘‘(d) PROGRAM REVISION.—

22 ‘‘(1) SUBMISSION.—The Governor of a State

23 may submit to the Administrator a new or revised

24 program to protect water supply areas within the ju-
95

•S 1547 IS

1 risdiction of the State from contaminants that may

2 have adverse effects on human health.

3 ‘‘(2) APPROVAL BY THE ADMINISTRATOR.—The

4 Administrator shall approve a new or revised water

5 supply protection program submitted pursuant to

6 this subsection if—

7 ‘‘(A) the program is consistent with the re8 quirements of paragraphs (1) through (6) of

9 subsection (a);

10 ‘‘(B) the program was developed in accord11 ance with the public participation requirements

12 of subsection (b);

13 ‘‘(C) the State has enacted such legal au14 thority as is sufficient to protect drinking water

15 within each water supply area in the State in

16 accordance with this section; and

17 ‘‘(D) the legal authorities established

18 under subparagraph (C) are reasonably likely to

19 be implemented.

20 ‘‘(3) DEFINITION OF LEGAL AUTHORITY.—As

21 used in this subsection, the term ‘legal authority’

22 means a State statute, county or municipal ordi23 nance, or other enforceable authority that is suffi24 cient to prevent the location of new sources of con25 taminants identified pursuant to subsection (a)(3)
96

•S 1547 IS

1 within each water supply area in the State and to

2 control the release of contaminants from existing

3 sources within the water supply area, including such

4 penalties for violations of the authority as the Ad5 ministrator determines to be adequate.’’;

6 (5) subsection (e) is amended to read as fol7 lows:

8 ‘‘(e) WATER SUPPLY PROTECTION AREA DE9 FINED.—As used in this section, the term ‘water supply

10 protection area’ means the surface and subsurface area

11 surrounding a water supply, including a surface water

12 source or wellhead area, that supplies a public water sys13 tem through which contaminants are reasonably likely to

14 move toward and reach the water supply.’’;

15 (6) subsection (g) is amended by—

16 (A) striking the first sentence; and

17 (B) striking ‘‘wells’’ and inserting ‘‘sup18 plies’’;

19 (7) in subsection (h)—

20 (A) by striking ‘‘(h) FEDERAL AGEN21 CIES.—Each’’ and inserting the following:

22 ‘‘(h) ACTIVITIES INVOLVING FEDERAL AGENCIES.—

23 ‘‘(1) FEDERAL AGENCY ACTIVITIES.—Each’’;

24 (B) by striking ‘‘The President may’’ and

25 inserting the following:
97

•S 1547 IS

1 ‘‘(3) PRESIDENTIAL EXEMPTION.—The Presi2 dent may’’;

3 (C) by inserting after paragraph (1) (as so

4 designated) the following new paragraph:

5 ‘‘(2) FEDERAL LICENSEE AND PERMITTEE AC6 TIVITIES.—In the case of a water supply area within

7 a State for which a program is approved pursuant

8 to subsection (d), each applicant for a required Fed9 eral license or permit to conduct an activity within

10 the area shall provide in the application to the li11 censing or permitting agency a certification from the

12 State that the proposed activity complies with the

13 enforceable policies of the program of the State and

14 that the activity will be conducted in accordance

15 with the approved program.’’; and

16 (D) in paragraph (1) (as so designated) by

17 inserting after ‘‘a State program’’ the following:

18 ‘‘approved pursuant to subsection (d)’’; and

19 (8) in subsection (k)—

20 (A) by striking the first sentence and in21 serting the following new sentence: ‘‘For each

22 fiscal year, the Administrator may make a

23 grant to a State with a program approved pur24 suant to subsection (d) to carry out the pro25 gram. The amount of each grant may not ex-
98

•S 1547 IS

1 ceed 50 percent of the costs of carrying out the

2 program.’’; and

3 (B) by adding at the end the following:

‘‘1992–2000 ..................................................................... $20,000,000.’’.

4 (d) FEDERAL WATER POLLUTION CONTROL ACT

5 GRANT ELIGIBILITY.—Section 319(h) of the Federal

6 Water Pollution Control Act (33 U.S.C. 1329(h)) is

7 amended by adding at the end the following new para8 graph:

9 ‘‘(13) WATER SUPPLY PROTECTION AREAS.—

10 Notwithstanding any other provision of this section,

11 funds made available to carry out this subsection

12 may be used to carry out a project consistent with

13 a water supply protection area comprehensive plan

14 approved pursuant to section 1427(i) of title XIV of

15 the Public Health Service Act (commonly known as

16 the ‘Safe Drinking Water Act’) (42 U.S.C. 300h–

17 6(i)) or a State water supply protection program ap18 proved pursuant to section 1428(d) of such Act. The

19 funds shall be used in the same manner as provided

20 for use of funds under this section, and be subject

21 to the conditions that apply under this section.’’.

22 SEC. 11. EMERGENCY POWERS.

23 Section 1431 (42 U.S.C. 300i) is amended to read

24 as follows:
99

•S 1547 IS

1 ‘‘SEC. 1431. ACTIONS AUTHORIZED AGAINST IMMINENT AND

2 SUBSTANTIAL ENDANGERMENT TO HEALTH

3 OR AN UNDERGROUND SOURCE OF DRINK4 ING WATER.

5 ‘‘Notwithstanding any other provision of this title,

6 the Administrator, on receipt of information that a con7 taminant that is present in or is likely to enter a public

8 water system or an underground source of drinking water

9 may present an imminent and substantial endangerment

10 to the health of individuals, and after providing notice to

11 appropriate State and local officials, may take such ac12 tions as the Administrator may consider necessary in

13 order to protect the health of the individuals. The actions

14 that the Administrator may take may include—

15 ‘‘(1) issuing such orders as may be necessary to

16 protect the health of individuals who are or may be

17 users of the public water system (including travel18 ers) or to restore or protect the public water system,

19 including orders requiring the provision of alter20 native water supplies by persons who caused or con21 tributed to the endangerment; and

22 ‘‘(2) commencing a civil action for appropriate

23 relief, including a restraining order or permanent or

24 temporary injunction.’’.
100

•S 1547 IS

1 SEC. 12. TAMPERING WITH PUBLIC WATER SYSTEMS.

2 (a) TAMPERING.—Section 1432(a) (42 U.S.C. 300i–

3 1(a)) is amended to read as follows:

4 ‘‘(a) TAMPERING.—No person shall tamper with, at5 tempt to tamper with, or make a threat to tamper with

6 a public water system.’’.

7 (b) TAMPER DEFINED.—Section 1432(d) (42 U.S.C.

8 300i–1(d)) is amended to read as follows:

9 ‘‘(d) TAMPER DEFINED.—As used in this section, the

10 term ‘tamper’ means—

11 ‘‘(1) the introduction or addition of—

12 ‘‘(A) any element, compound, solution, or

13 substance designated as a hazardous substance

14 pursuant to section 102 of the Comprehensive

15 Environmental Response, Compensation, and

16 Liability Act of 1980 (42 U.S.C. 9602);

17 ‘‘(B) any hazardous waste having the char18 acteristics identified under or listed pursuant to

19 section 3001 of the Solid Waste Disposal Act

20 (42 U.S.C. 6921);

21 ‘‘(C) any toxic pollutant listed under sec22 tion 307(a) of the Federal Water Pollution

23 Control Act (33 U.S.C. 1317(a)); or

24 ‘‘(D) any imminently hazardous chemical

25 substance or mixture, with respect to which the

26 Administrator has taken action pursuant to sec-
101

•S 1547 IS

1 tion 7 of the Toxic Substances Control Act (15

2 U.S.C. 2606),

3 into a public water system so as to endanger public

4 health except if the introduction is by an employee

5 or authorized agent of a public water system and is

6 carried out in conjunction with the normal duties of

7 the employee or agent for the purposes of treatment

8 of water or as a requirement for compliance with

9 any Federal, State, or local law (including any regu10 lation), or in response to a public health emergency;

11 or

12 ‘‘(2) the interference with the proper operation

13 or function of a public water system if the person

14 who causes the interference is recklessly indifferent

15 to the harm that the interference may cause to any

16 person; or

17 ‘‘(3) removing water from a public water sys18 tem through a pipe or device outside the public

19 water system and returning water to the public

20 water system, except in any case in which a pipe or

21 device is totally within the control of 1 or more pub22 lic water systems.’’.

23 SEC. 13. DRINKING WATER RESEARCH, EDUCATION, AND

24 CERTIFICATION.

25 Section 1442 (42 U.S.C. 300j–1) is amended—
102

•S 1547 IS

1 (1) by redesignating paragraph (3) of sub2 section (b) as paragraph (3) of subsection (d) and

3 moving such paragraph to appear after paragraph

4 (2) of subsection (d);

5 (2) by striking subsection (b) (as so amended);

6 (3) by redesignating subparagraph (B) of sub7 section (a)(2) as subsection (b) and moving such

8 subsection to appear after subsection (a);

9 (4) in subsection (a)—

10 (A) by striking paragraph (2) (as so

11 amended) and inserting the following new para12 graph:

13 ‘‘(2) In carrying out this title, the Administrator is

14 authorized to—

15 ‘‘(A) collect and make available information

16 pertaining to research, investigations, and dem17 onstrations with respect to providing a dependably

18 safe supply of drinking water, together with appro19 priate recommendations in connection with the infor20 mation; and

21 ‘‘(B) make available research facilities of the

22 Agency to appropriate public authorities, institu23 tions, and individuals engaged in studies and re24 search relating to this title.’’; and
103

•S 1547 IS

1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(12) There are authorized to be appropriated to

4 carry out this subsection $20,000,000 for each of fiscal

5 years 1994 through 2000.’’;

6 (5) in the first sentence of subsection (c), by

7 striking ‘‘eighteen months after the date of enact8 ment of this subsection’’ and inserting ‘‘2 years

9 after the date of enactment of the Safe Drinking

10 Water Act Amendments of 1993, and every 5 years

11 thereafter’’;

12 (6) in subsection (d) (as amended by paragraph

13 (1))—

14 (A) in paragraph (1), by striking ‘‘, and’’

15 at the end and inserting a semicolon;

16 (B) in paragraph (2), by striking the pe17 riod at the end and inserting ‘‘; and’’;

18 (C) by adding after paragraph (3) (as re19 designated by paragraph (1)) the following new

20 paragraph:

21 ‘‘(4) develop and maintain a system for fore22 casting the supply of, and demand for, various pro23 fessional occupational categories and other occupa24 tional categories needed for the protection and treat-
104

•S 1547 IS

1 ment of drinking water in each region of the United

2 States.’’; and

3 (D) by adding at the end the following new

4 sentence: ‘‘There are authorized to be appro5 priated to carry out this subsection

6 $10,000,000 for each of fiscal years 1994

7 through 2000.’’;

8 (7) by striking subsection (e) and inserting the

9 following new subsection:

10 ‘‘(e)(1) The Chief Operator of a public water system

11 and any laboratory conducting tests pursuant to this Act,

12 and such additional personnel as may be designated by

13 the Administrator, shall be required to be certified as pro14 ficient pursuant to this section by a State that has a cer15 tification program that is approved by the Administrator.

16 ‘‘(2) The requirement referred to in paragraph (1)

17 shall become effective on the date that is 4 years after

18 the date of enactment of the Safe Drinking Water Act

19 Amendments of 1993, unless—

20 ‘‘(A) the State extends the effective date pursu21 ant to paragraph (3); or

22 ‘‘(B) the State has proposed to develop a small

23 system compliance program for the system, in which

24 case the effective date shall be the date that is 3
105

•S 1547 IS

1 years after the date of completion of the compliance

2 program.

3 ‘‘(3) The State may extend the effective date of the

4 requirement referred to in paragraph (1) for a period of

5 not to exceed 3 years on a system-specific basis if the Ad6 ministrator determines that, with respect to a system, ade7 quate opportunity to seek certification did not exist during

8 the period described in paragraph (2).

9 ‘‘(4) Each certification of proficiency issued by the

10 appropriate official of a State under this section shall be

11 granted to the individual that receives the certification and

12 shall not be granted to the public water system where the

13 individual is employed.

14 ‘‘(5) A certification of proficiency issued under this

15 section shall be effective during the 5-year period begin16 ning on the date of certification. An individual may be

17 recertified on termination of the 5-year period (and on ter18 mination of each subsequent 5-year period) if the individ19 ual complies with inservice training and related education

20 requirements for the certification.

21 ‘‘(6) Nothing in this section is intended to be con22 strued to prevent a State from requiring more frequent

23 certification than is specified in paragraph (5).

24 ‘‘(7) Not later than 1 year after the date of the Safe

25 Drinking Water Act Amendments of 1993, the Adminis-
106

•S 1547 IS

1 trator shall publish guidelines specifying minimum stand2 ards for certification of the proficiency of operators and

3 other appropriate personnel by a State pursuant to this

4 subsection.

5 ‘‘(8) Not later than 2 years after the date of enact6 ment of the Safe Drinking Water Act Amendments of

7 1993, the Administrator shall publish a public water sys8 tems operator’s manual that describes essential knowledge

9 and skills of—

10 ‘‘(A) a Chief Operator; and

11 ‘‘(B) such additional personnel as the Adminis12 trator determines appropriate to receive operator

13 proficiency certification.

14 ‘‘(9)(A) Beginning on the date of publication of the

15 guidelines under paragraph (7), the Governor of a State

16 may submit to the Administrator, in such form as the Ad17 ministrator may require, a certification program under

18 this section.

19 ‘‘(B) The Administrator shall review and approve or

20 disapprove a program submitted pursuant to this para21 graph not later than 90 days after the submittal of the

22 application. The Administrator shall approve the applica23 tion on the basis of a determination that—
107

•S 1547 IS

1 ‘‘(i) the State certification program will be con2 sistent with the guidelines published pursuant to

3 subsection (b);

4 ‘‘(ii) the State has committed to implement the

5 program by not later than 1 year after the date of

6 approval of the application; and

7 ‘‘(iii) the State agrees to provide to the Admin8 istrator such information concerning the program as

9 the Administrator may request.

10 ‘‘(C) In any case in which the Administrator dis11 approves a program, the Administrator shall provide to

12 the State a written statement of the reasons for dis13 approval. The State may, not later than 90 days after re14 ceipt of the statement of the Administrator, submit to the

15 Administrator such modifications to the application as

16 may be necessary. Not later than 30 days after receipt

17 of the revised application, the Administrator shall approve

18 or disapprove the revised application.

19 ‘‘(D) A State may establish a certification require20 ment in addition to the requirements established pursuant

21 to this section.’’; and

22 (8) in subsection (g) by amending the third sen23 tence by striking ‘‘1987–1991’’ and inserting

24 ‘‘1994–2000’’.
108

•S 1547 IS

1 SEC. 14. STATE DRINKING WATER PROGRAM FUNDING.

2 (a) PUBLIC WATER SYSTEM SUPERVISION PRO3 GRAM.—Section 1443(a) (42 U.S.C. 300j–2(a)) is amend4 ed—

5 (1) in paragraph (3)—

6 (A) by striking ‘‘A grant’’ and inserting

7 ‘‘(A) Except as provided in subparagraph (B),

8 a grant’’; and

9 (B) by adding at the end the following new

10 subparagraph:

11 ‘‘(B) For fiscal year 1997, and each fiscal year there12 after, a grant made under paragraph (1) shall cover not

13 more than 50 percent of the costs of the grant recipient

14 (as determined under regulations of the Administrator) in

15 carrying out, during the 1-year period beginning on the

16 date the grant is made, a public water system supervision

17 program. A State may use funds collected as a result of

18 a fee program established under section 1444(a) to match

19 Federal assistance only to the extent that the funds are

20 in excess of amounts provided by the State pursuant to

21 subparagraph (A) for fiscal year 1994.’’;

22 (2) in paragraph (7), by adding at the end a

23 period and the following new flush sentence: ‘‘For

24 the purpose of making grants under paragraph (1),

25 there are authorized to be appropriated such sums

26 as are necessary for each of fiscal years 1992 and
109

•S 1547 IS

1 1993 and $100,000,000 for each of fiscal years

2 1994 through 2000.’’; and

3 (3) by adding at the end the following new

4 paragraph:

5 ‘‘(8) If the Administrator assumes the primary en6 forcement responsibility of a State water system super7 vision program, the Administrator may reserve from funds

8 made available pursuant to this subsection, an amount

9 equal to the amount that would otherwise have been pro10 vided to the State pursuant to this subsection. The Admin11 istrator shall use the funds reserved pursuant to this para12 graph, in combination with fees collected pursuant to sec13 tion 1444, in such manner as to ensure the full and effec14 tive administration of a public water system supervision

15 program in the State.’’.

16 (b) STATE GROUND WATER PROTECTION GRANTS.—

17 Section 1443 (42 U.S.C. 300j–2) is amended—

18 (1) by redesignating subsection (c) as sub19 section (d); and

20 (2) by inserting after subsection (b) the follow21 ing new subsection:

22 ‘‘(c)(1) The Administrator may make a grant to a

23 State for the development and implementation of a State

24 program to ensure the coordinated and comprehensive

25 protection of ground water resources within the State.
110

•S 1547 IS

1 ‘‘(2) Not later than 1 year after the date of enact2 ment of the Safe Drinking Water Act Amendments of

3 1993, and annually thereafter, the Administrator shall

4 publish guidance that establishes procedures for applica5 tion for State ground water protection program assistance

6 and that identifies key elements of State ground water

7 protection programs.

8 ‘‘(3)(A) The Administrator shall award grants to

9 States that submit an application that is approved by the

10 Administrator. The Administrator shall determine the

11 amount of a grant awarded pursuant to this paragraph

12 on the basis of an assessment of the extent of ground

13 water resources in the State and the likelihood that award14 ing the grant will result in sustained and reliable protec15 tion of ground water quality.

16 ‘‘(B) The Administrator may also award a grant pur17 suant to this paragraph for innovative programs for pre18 vention of ground water contamination proposed by a

19 State.

20 ‘‘(C) The Administrator shall, at a minimum, ensure

21 that, for each fiscal year, not less than 1 percent of funds

22 made available to the Administrator by appropriations to

23 carry out this subsection are allocated to each State that

24 submits an application that is approved by the Adminis25 trator pursuant to this subsection.
111

•S 1547 IS

1 ‘‘(D) The Administrator may not award a grant

2 under this subsection to a person who is not a State.

3 ‘‘(E) No grant awarded by the Administrator may be

4 used for a project to remediate ground water contamina5 tion.

6 ‘‘(4) The awarding of grants by the Administrator

7 pursuant to this paragraph shall be coordinated with the

8 awarding of grants pursuant to section 319(i) of the Fed9 eral Water Pollution Control Act (33 U.S.C. 1329(i)) and

10 the awarding of other Federal grant assistance that pro11 vides funding for programs related to ground water pro12 tection.

13 ‘‘(5) The amount of a grant awarded pursuant to

14 paragraph (1) shall not exceed 50 percent of the eligible

15 costs of carrying out the ground water protection program

16 that is the subject of the grant (as determined by the Ad17 ministrator) for the 1-year period beginning on the date

18 that the grant is awarded. The State shall pay a State

19 share to cover the costs of the ground water protection

20 program from State funds in an amount not less than 50

21 percent of the cost of conducting the program.

22 ‘‘(6) Not later than 3 years after the date of enact23 ment of the Safe Drinking Water Act Amendments of

24 1993, and every 3 years thereafter, the Administrator

25 shall evaluate the State ground water protection programs
112

•S 1547 IS

1 that are the subject of grants awarded pursuant to this

2 subsection and report to Congress on the status of ground

3 water quality in the United States and the effectiveness

4 of State programs for ground water protection.

5 ‘‘(7) There are authorized to be appropriated to the

6 Environmental Protection Agency $20,000,000 for each of

7 fiscal years 1994 through 2000.’’.

8 (c) STATE DRINKING WATER PROGRAM FUNDING.—

9 Section 1413(a) (42 U.S.C. 300g–2(a)) is amended—

10 (1) in paragraph (4), by striking ‘‘and’’ at the

11 end;

12 (2) in paragraph (5), by striking the period at

13 the end and inserting ‘‘; and’’; and

14 (3) by adding at the end the following new

15 paragraph:

16 ‘‘(6) is providing funding that, in combination

17 with Federal grant assistance received pursuant to

18 section 1443(a), is sufficient to ensure the full and

19 effective administration of the public water system

20 supervision program of the State.’’.

21 (d) FEDERAL FEE PROGRAM.—Section 1444 (42

22 U.S.C. 300j–3) is amended to read as follows:

23 ‘‘SEC. 1444. FEDERAL DRINKING WATER PROGRAM FEE.

24 ‘‘(a) ESTABLISHMENT.—
113

•S 1547 IS

1 ‘‘(1) GENERAL AUTHORITY.—The Adminis2 trator shall establish a Federal program for the col3 lection of fees from public water systems in a State

4 to support the costs of administration of the public

5 water system supervision program in the State. Be6 ginning on the first day of fiscal year 1997, the Ad7 ministrator shall collect fees under this section with

8 respect to a State if the State does not have primary

9 enforcement responsibility for public water systems

10 within the State pursuant to section 1413(a).

11 ‘‘(2) AMOUNT OF FEES.—If the Administrator

12 is authorized to collect fees under paragraph (1), the

13 Administrator shall assess each public water system

14 of the State that serves more than 3,300 individuals.

15 The amount of a fee collected pursuant to the pre16 ceding sentence shall be not greater than $0.005 per

17 100 gallons of water billed by a system, and shall,

18 in combination with Federal grant funds reserved by

19 the Administrator that otherwise would have been

20 provided to the State, is sufficient to ensure the full

21 and effective administration of the public water sys22 tem supervision program of the State.

23 ‘‘(b) PUBLIC DRINKING WATER SYSTEM SUPER24 VISION FUND.—
114

•S 1547 IS

1 ‘‘(1) ESTABLISHMENT.—There is established in

2 the Treasury of the United States a fund to be

3 known as the ‘Public Drinking Water System Super4 vision Fund’ (referred to in this paragraph as the

5 ‘Fund’), consisting of—

6 ‘‘(A) such amounts as are appropriated to

7 the Fund under paragraph (2); and

8 ‘‘(B) any interest earned on investment of

9 amounts in the Fund under paragraph (4).

10 ‘‘(2) TRANSFERS TO FUND.—There are appro11 priated to the Fund amounts equivalent to amounts

12 collected as fees, and interest on the fees, and re13 ceived in the Treasury under this section.

14 ‘‘(3) EXPENDITURES FROM FUND.—On request

15 by the Administrator, the Secretary of the Treasury

16 shall transfer from the Fund to the Administrator

17 such amounts as the Administrator determines are

18 necessary to carry out the activities for which fees

19 are collected under this section.

20 ‘‘(4) INVESTMENT OF FUNDS.—

21 ‘‘(A) IN GENERAL.—The Secretary of the

22 Treasury shall invest such portion of the Fund

23 as is not, in the judgment of the Secretary, re24 quired to meet then current withdrawals. In-
115

•S 1547 IS

1 vestments may be made only in interest-bearing

2 obligations of the United States.

3 ‘‘(B) ACQUISITION OF OBLIGATIONS.—For

4 the purpose of investments, obligations may be

5 acquired—

6 ‘‘(i) on original issue at the issue

7 price; or

8 ‘‘(ii) by purchase of outstanding obli9 gations at the market price.

10 ‘‘(C) SALE OF OBLIGATIONS.—Any obliga11 tion acquired by the Fund may be sold by the

12 Secretary of the Treasury at the market price.

13 ‘‘(D) CREDITS TO FUND.—The interest on,

14 and the proceeds from the sale or redemption

15 of, any obligations held in the Fund shall be

16 credited to and form a part of the Fund.

17 ‘‘(5) TRANSFERS OF AMOUNTS.—

18 ‘‘(A) IN GENERAL.—The amounts required

19 to be transferred to the Fund under this para20 graph shall be transferred at least monthly

21 from the general fund of the Treasury to the

22 Fund on the basis of estimates made by the

23 Secretary of the Treasury.

24 ‘‘(B) ADJUSTMENTS.—Proper adjustment

25 shall be made in amounts subsequently trans-
116

•S 1547 IS

1 ferred to the extent prior estimates were in ex2 cess of or less than the amounts required to be

3 transferred.

4 ‘‘(c) STATE LOAN FUNDS.—

5 ‘‘(1) IN GENERAL.—For any fiscal year for

6 which the amounts made available to the Adminis7 trator from the Fund established under subsection

8 (b) are less than the total amount deposited in the

9 Fund during the preceding fiscal year, the Adminis10 trator may reserve from funds made available pursu11 ant to section 1489 the difference between the

12 amounts.

13 ‘‘(2) USE OF FUNDS.—The Administrator may

14 use the amount reserved pursuant to paragraph (1)

15 for the administration of the public water system su16 pervision program of States for which fees were col17 lected pursuant to subsection (a) during the preced18 ing fiscal year.’’.

19 SEC. 15. RECORDS AND INSPECTIONS.

20 (a) IN GENERAL.—

21 (1) RECORDS.—Subparagraphs (A) and (B) of

22 section 1445(a)(1) (42 U.S.C. 300j–4(a)(1)) are

23 amended to read as follows:

24 ‘‘(A) Each person who (as determined by the Admin25 istrator)—
117

•S 1547 IS

1 ‘‘(i) is a supplier of water;

2 ‘‘(ii) is or may be otherwise subject to a pri3 mary drinking water regulation prescribed pursuant

4 to section 1412 or an order issued pursuant to sec5 tion 1441;

6 ‘‘(iii) is or may be subject to any other provi7 sion of part B or this part; or

8 ‘‘(iv) is a grantee,

9 shall establish and maintain such records, make such re10 ports, conduct such monitoring, and provide such informa11 tion as the Administrator may reasonably require to assist

12 the Administrator in carrying out the activities described

13 in subparagraph (B).

14 ‘‘(B) The activities described in this subparagraph

15 are as follows:

16 ‘‘(i) Issuing regulations pursuant to this title.

17 ‘‘(ii) Determining whether a person has acted

18 or is acting in compliance with part B or this part.

19 ‘‘(iii) Determining the injunctive or penalty re20 lief appropriate for any violation of part B or this

21 part.

22 ‘‘(iv) Administering a program of financial as23 sistance under this title.

24 ‘‘(v) Evaluating the health risks of unregulated

25 contaminants and advising the public of the risks.
118

•S 1547 IS

1 ‘‘(vi) Carrying out any other responsibility of

2 the Administrator under this title.’’

3 (2) FACTORS FOR CONSIDERATION.—Section

4 1445(a)(1) (42 U.S.C. 300j–4(a)(1)), as amended by

5 section 4(c)(2), is further amended by adding at the

6 end the following new subparagraph:

7 ‘‘(D) In requiring the owner or operator of a public

8 water system to conduct monitoring pursuant to this sub9 section, the Administrator may take into consideration the

10 size of the population served by the public water system

11 and the contaminants likely to be found in the drinking

12 water of the public water system.’’.

13 (b) AUTHORIZATION.—Section 1445(a)(8) (42

14 U.S.C. 300j–4(a)(8)) is amended by striking

15 ‘‘$30,000,000 in the fiscal year ending September 30,

16 1987’’ and inserting ‘‘$35,000,000 for each of fiscal years

17 1994 through 2000’’.

18 (c) INSPECTIONS.—Subsections (b) and (c) of section

19 1445 (42 U.S.C. 300j–4 (b) and (c)) are amended to read

20 as follows:

21 ‘‘(b)(1) The Administrator, or the authorized rep22 resentative of the Administrator (including an authorized

23 contractor acting as a representative of the Adminis24 trator), on presentation of appropriate credentials to any

25 person who is or may be subject to—
119

•S 1547 IS

1 ‘‘(i) a national primary drinking water regula2 tion prescribed pursuant to section 1412;

3 ‘‘(ii) any requirement to monitor an unregu4 lated contaminant pursuant to subsection (a); or

5 ‘‘(iii) any other requirement of part B or E,

6 or to a person in charge of any of the property of a person

7 referred to in clause (i), (ii), or (iii) (or the senior em8 ployee present at the site), is authorized to enter any es9 tablishment, facility, or other property of a person referred

10 to in clause (i), (ii), or (iii).

11 ‘‘(2) The Administrator or an authorized representa12 tive of the Administrator may enter an establishment, fa13 cility, or other property pursuant to paragraph (1)—

14 ‘‘(A) in order to determine whether a person

15 has acted or is acting in compliance with part B or

16 this part, including for this purpose, inspecting, at

17 reasonable times, of records, files, papers, processes,

18 controls, and facilities; or

19 ‘‘(B) in order to test any feature of a public

20 water system, including the raw water source of the

21 system.

22 ‘‘(3) The Administrator or the Comptroller General

23 of the United States (or any authorized representative

24 designated by the Administrator or the Comptroller Gen25 eral of the United States) shall have access for the purpose
120

•S 1547 IS

1 of audit and examination of any record, report, or infor2 mation of a person or grantee that—

3 ‘‘(A) is required to be maintained under sub4 section (a); or

5 ‘‘(B) is pertinent to any financial assistance

6 provided pursuant to this title.

7 ‘‘(c) Any person, who is subject to any provision of

8 part B or this part (including a person that the Adminis9 trator determines may be subject to a requirement of part

10 B or this part), shall—

11 ‘‘(1) comply with the requirements of subsection

12 (a);

13 ‘‘(2) allow the Administrator or the authorized

14 representative of the Administrator to enter and

15 make determinations and test and take samples pur16 suant to paragraph (1) and (2) of subsection (b);

17 and

18 ‘‘(3) allow the Administrator, the Comptroller

19 General of the United States or authorized rep20 resentative of the Administrator or the Comptroller

21 General of the United States to have access to,

22 audit, and examine records, reports, and information

23 pursuant to subsection (b)(3).’’.
121

•S 1547 IS

1 (d) DRINKING WATER COOLERS.—Section 1445 (42

2 U.S.C. 300j–4) is amended by adding at the end the fol3 lowing new subsection:

4 ‘‘(f) INFORMATION REGARDING DRINKING WATER

5 COOLERS.—The Administrator may use the authorities of

6 this section in carrying out part F. With respect to the

7 application of this section to persons subject to part F,

8 a person who manufactures, imports, sells, or distributes

9 drinking water coolers or component parts of drinking

10 water in interstate commerce shall be considered a sup11 plier of water.’’.

12 SEC. 16. FEDERAL AGENCIES.

13 Subsections (a) and (b) of section 1447 (42 U.S.C.

14 300j–6 (a) and (b)) are amended to read as follows:

15 ‘‘(a)(1) Each Federal agency shall be subject to, and

16 comply with, all Federal, State, interstate and local sub17 stantive and procedural requirements, administrative au18 thorities, and process and sanctions respecting the provi19 sion of safe drinking water in the same manner, and to

20 the same extent, as any nongovernmental entity is subject

21 to, and shall comply with, the requirements, authorities,

22 and process and sanctions.

23 ‘‘(2) The Federal, State, interstate, and local sub24 stantive and procedural requirements, administrative au25 thority, and process and sanctions referred to in para-
122

•S 1547 IS

1 graph (1) include all administrative orders and all civil

2 and administrative penalties or fines, regardless of wheth3 er the penalties or fines are punitive or coercive in nature

4 or are imposed for isolated, intermittent, or continuing

5 violations.

6 ‘‘(3) The United States hereby expressly waives any

7 immunity otherwise applicable to the United States with

8 respect to any requirement, administrative authority, or

9 process or sanction referred to in paragraph (2) (including

10 any injunctive relief, administrative order or civil or ad11 ministrative penalty or fine referred to in paragraph (2),

12 or reasonable service charge). The reasonable service

13 charges referred to in this paragraph include fees or

14 charges assessed in connection with the processing, issu15 ance, renewal or amendment of permits, variances, or ex16 emptions, review of plans, studies, and other documents,

17 and inspection and monitoring of facilities, as well as any

18 other nondiscriminatory charges that are assessed in con19 nection with a Federal, State, interstate, or local safe

20 drinking water regulatory program.

21 ‘‘(4) No agent, employee, or officer of the United

22 States shall be personally liable for any civil penalty under

23 this subsection with respect to any act or omission within

24 the scope of the official duties of the agent, employee, or

25 officer.
123

•S 1547 IS

1 ‘‘(5) An agent, employee, or officer of the United

2 States shall be subject to a criminal sanction (including

3 a fine or imprisonment under this subsection). No depart4 ment, agency, or instrumentality of the executive, legisla5 tive, or judicial branch of the Federal Government shall

6 be subject to a sanction referred to in the preceding sen7 tence.

8 ‘‘(b)(1) The President may waive compliance with

9 subsection (a) by any department, agency, or instrumen10 tality in the executive branch if the President determines

11 waiving compliance with such subsection to be in the para12 mount interest of the United States.

13 ‘‘(2) No waiver described in paragraph (1) shall be

14 granted due to the lack of an appropriation unless the

15 President has specifically requested the appropriation as

16 part of the budgetary process and Congress has failed to

17 make available the requested appropriation.

18 ‘‘(3) A waiver under this subsection shall be for a

19 period of not to exceed 1 year, but an additional waiver

20 may be granted for a period of not to exceed 1 year on

21 the termination of a waiver if the President reviews the

22 waiver and makes a determination that it is in the para23 mount interest of the United States to grant an additional

24 waiver.
124

•S 1547 IS

1 ‘‘(4) Not later than January 31 of each year, the

2 President shall report to Congress on each waiver granted

3 pursuant to this subsection during the preceding calendar

4 year, together with the reason for granting the waiver.’’.

5 SEC. 17. CITIZEN’S CIVIL ACTION.

6 (a) IN GENERAL.—Subsections (a) through (c) of

7 section 1449 (42 U.S.C. 300j–8 (a) through (c)) are

8 amended to read as follows:

9 ‘‘(a)(1) Except as provided in subsection (b), any per10 son may commence a civil action on behalf of the person—

11 ‘‘(A) against any person (including a Federal

12 agency, to the extent permitted by sections 1447 and

13 1472) who is alleged to have violated (if there is evi14 dence that the alleged violation has been repeated by

15 the person) or to be in violation of any requirement

16 of part B or this part (including any regulation is17 sued pursuant to this title);

18 ‘‘(B) against any Federal agency that is alleged

19 to have violated (if there is evidence that the alleged

20 violation has been repeated by the person) or to be

21 in violation of any order issued under this title by

22 the Administrator;

23 ‘‘(C) against any Federal agency that fails to

24 pay a penalty assessed by the Administrator pursu-
125

•S 1547 IS

1 ant to section 1472(c)(1)(B) within 1 year after the

2 effective date of the final order; and

3 ‘‘(D) against the Administrator, if a failure of

4 the Administrator to perform any act or duty under

5 this title that is not discretionary with the Adminis6 trator is alleged.

7 ‘‘(2) Each United States district court shall have ju8 risdiction, without regard to the amount in controversy or

9 the citizenship of the parties, to enforce in an action

10 brought under this subsection any requirement under this

11 title (including any requirement under a regulation issued

12 under this title) or any order issued under this title by

13 the Administrator to a Federal agency. The enforcement

14 by the court may include ordering—

15 ‘‘(A) the Federal agency to pay the penalty as16 sessed pursuant to section 1472(c)(1)(B), or order

17 relief pursuant to section 1428; and

18 ‘‘(B) the Administrator to perform an act or

19 duty described in paragraph (1)(D), and to impose

20 any appropriate civil penalties pursuant to section

21 1472.

22 ‘‘(b)(1) No civil action may be commenced—

23 ‘‘(A) under subsection (a)(1) concerning a viola24 tion of a requirement prescribed under this title (in-
126

•S 1547 IS

1 cluding any requirement under a regulation issued

2 under this title)—

3 ‘‘(i) prior to the termination of the 60-day

4 period beginning on the date the plaintiff gives

5 notice of the violation to—

6 ‘‘(I) the Administrator;

7 ‘‘(II) any alleged violator of the re8 quirement; and

9 ‘‘(III) the State in which the violation

10 occurs, or has occurred;

11 ‘‘(ii) if the Administrator, or the Attorney

12 General, has commenced and is diligently pros13 ecuting, a civil action in a court of the United

14 States to require compliance with the require15 ment, except that in any such action in a court

16 of the United States any person may intervene

17 as a matter of right;

18 ‘‘(iii) if a State has commenced prior to

19 the notification required by this subsection, and

20 is diligently prosecuting, a civil action in a

21 court of the United States to require compli22 ance with the requirement, except that in any

23 such action in a court of the United States any

24 person may intervene as a matter of right; or
127

•S 1547 IS

1 ‘‘(iv) if the Administrator has commenced,

2 and is diligently prosecuting, an action pursu3 ant to section 1472(a) against a Federal agen4 cy, or with respect to which the Administrator

5 has issued a final order and the violator has

6 paid a penalty pursuant to section 1472(c); or

7 ‘‘(B) under subsection (a)(1)(D), before the ter8 mination of the 60-day period beginning on the date

9 the plaintiff gives notice of the action to the Admin10 istrator.

11 ‘‘(2) The notice required by this subsection shall be

12 given in such manner as the Administrator shall prescribe

13 by regulation.

14 ‘‘(c) In any action under this section, the Adminis15 trator or the Attorney General, if not a party, may inter16 vene as a matter of right at any time in the proceedings.

17 A judgment in an action brought pursuant to this section

18 to which the United States is not a party shall not have

19 any binding effect upon the United States.’’.

20 (b) SERVICE OF COMPLAINT.—Section 1449 (42

21 U.S.C. 300j–8) is amended by adding at the end the fol22 lowing new subsection:

23 ‘‘(f) Whenever any action is brought under this sec24 tion in a court of the United States, the plaintiff shall

25 serve a copy of the complaint on the Attorney General and
128

•S 1547 IS

1 the Administrator. No consent judgment shall be entered

2 in an action in which the United States is not a party

3 during the 45-day period beginning on the date of receipt

4 of a copy of a proposed consent judgment by the Attorney

5 General and the Administrator. A judgment in an action

6 under this section to which the United States is not a

7 party shall not have a binding effect on the United

8 States.’’.

9 SEC. 18. OTHER AMENDMENTS.

10 (a) DEFINITION OF PUBLIC WATER SYSTEM.—Sec11 tion 1401(4) (42 U.S.C. 300f(4)) is amended by adding

12 at the end the following new sentence: ‘‘The term does

13 not include any noncommunity water system that does not

14 provide water for human consumption if bottled water is

15 provided for human consumption, and there are posted

16 such signs prohibiting the drinking of water from the sys17 tem as the Administrator determines are appropriate.’’.

18 (b) ANNUAL REPORT.—Section 1450 (42 U.S.C.

19 300j–9) is amended by striking subsection (h).

20 (c) STATE PRIMARY ENFORCEMENT RESPONSIBIL21 ITY.—Section 1413(a) (42 U.S.C. 300g–2(a)), as amend22 ed by section 14(c), is further amended by striking para23 graph (1) and inserting the following new paragraph:

24 ‘‘(1) has adopted drinking water regulations

25 that are no less stringent than the national primary
129

•S 1547 IS

1 drinking water regulations promulgated by the Ad2 ministrator under subsections (a) and (b) of section

3 1412 not later than 2 years after the promulgation

4 of the national regulations by the Administrator;’’.

5 (d) JUDICIAL REVIEW.—Section 1448(a) (42 U.S.C.

6 300j–7(a)) is amended—

7 (1) in paragraph (2), by inserting ‘‘final’’ after

8 ‘‘any other’’; and

9 (2) in the second sentence, by striking ‘‘or issu10 ance of the order’’ and inserting ‘‘or any other final

11 Agency action’’.

12 (e) REPORT TO CONGRESS ON PRIVATE DRINKING

13 WATER.—Section 1450 (42 U.S.C. 300j–9) is amended by

14 adding at the end the following new subsection:

15 ‘‘(j) The Administrator shall conduct a study to de16 termine the extent and seriousness of contamination of

17 private sources of drinking water that are not regulated

18 under this Act. Not later than 3 years after the date of

19 enactment of this subsection, the Administrator shall sub20 mit to Congress a report that includes the findings of the

21 study and recommendations by the Administrator concern22 ing responses to any problems identified under the

23 study.’’.

Æ

S 1547 IS——2
130

•S 1547 IS

S 1547 IS——3

S 1547 IS——4

S 1547 IS——5

S 1547 IS——6

S 1547 IS——7

S 1547 IS——8

S 1547 IS——9