127
sons served by the system, the source of supply,
and the contaminants likely to be found.
‘‘(B) MONITORING PROGRAM FOR CERTAIN
UNREGULATED CONTAMINANTS.—
‘‘(i) INITIAL LIST.—Not later than 3
years after the date of enactment of the
Safe Drinking Water Amendments of 1995
and every 5 years thereafter, the Adminis-
trator shall issue a list pursuant to sub-
paragraph (A) of not more than 20 un-
regulated contaminants to be monitored by
public water systems and to be included in
the national drinking water occurrence
data base maintained pursuant to para-
graph (3).
‘‘(ii) 
GOVERNORS’ 
PETITION.—The
Administrator shall include among the list
of contaminants for which monitoring is
required under this paragraph each con-
taminant recommended in a petition signed
by the Governor of each of 7 or more
States, unless the Administrator deter-
mines that the action would prevent the
listing of other contaminants of a higher
public health concern.
128
‘‘(C) MONITORING BY LARGE SYSTEMS.—A
public water system that serves a population of
more than 10,000 shall conduct monitoring for
all contaminants listed under subparagraph
(B).
‘‘(D) MONITORING PLAN FOR SMALL AND
MEDIUM SYSTEMS.—
‘‘(i) IN GENERAL.—Based on the reg-
ulations promulgated by the Administrator,
each State shall develop a representative
monitoring plan to assess the occurrence of
unregulated contaminants in public water
systems that serve a population of 10,000
or fewer. The plan shall require monitoring
for systems representative of different
sizes, types, and geographic locations in
the State.
‘‘(ii) GRANTS
FOR
SMALL
SYSTEM
COSTS.—From funds reserved under sec-
tion 1478(c), the Administrator shall pay
the reasonable cost of such testing and lab-
oratory analysis as are necessary to carry
out monitoring under the plan.
‘‘(E) MONITORING RESULTS.—Each public
water system that conducts monitoring of un-
129
regulated contaminants pursuant to this para-
graph shall provide the results of the monitor-
ing to the primary enforcement authority for
the system.
‘‘(F) WAIVER OF MONITORING REQUIRE-
MENT.—The Administrator shall waive the re-
quirement for monitoring for a contaminant
under this paragraph in a State, if the State
demonstrates that the criteria for listing the
contaminant do not apply in that State.
‘‘(G) ANALYTICAL METHODS.—The State
may use screening methods approved by the
Administrator under subsection (h) in lieu of
monitoring for particular contaminants under
this paragraph.
‘‘(H) AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated 
to 
carry 
out 
this 
paragraph
$10,000,000 for each of fiscal years 1995
through 2003.’’.
(c) NATIONAL
DRINKING
WATER
OCCURRENCE
DATABASE.—Section 1445(a) (42 U.S.C. 300j–4(a)) (as
amended by subsection (b)) is further amended by adding
at the end the following:
130
‘‘(3) NATIONAL DRINKING WATER OCCURRENCE
DATABASE.—
‘‘(A) IN GENERAL.—Not later than 3 years
after the date of enactment of the Safe Drink-
ing Water Act Amendments of 1995, the Ad-
ministrator shall assemble and maintain a na-
tional drinking water occurrence data base,
using information on the occurrence of both
regulated and unregulated contaminants in
public water systems obtained under paragraph
(2) and reliable information from other public
and private sources.
‘‘(B) USE.—The data shall be used by the
Administrator in making determinations under
section 1412(b)(1) with respect to the occur-
rence of a contaminant in drinking water at a
level of public health concern.
‘‘(C) PUBLIC
RECOMMENDATIONS.—The
Administrator shall periodically solicit rec-
ommendations from the appropriate officials of
the National Academy of Sciences and the
States, and any person may submit rec-
ommendations to the Administrator, with re-
spect to contaminants that should be included
in the national drinking water occurrence data
131
base, including recommendations with respect
to additional unregulated contaminants that
should be listed under paragraph (2). Any rec-
ommendation submitted under this clause shall
be accompanied by reasonable documentation
that—
‘‘(i) the contaminant occurs or is like-
ly to occur in drinking water; and
‘‘(ii) the contaminant poses a risk to
public health.
‘‘(D) PUBLIC
AVAILABILITY.—The infor-
mation from the data base shall be available to
the public in readily accessible form.
‘‘(E) REGULATED
CONTAMINANTS.—With
respect to each contaminant for which a na-
tional primary drinking water regulation has
been established, the data base shall include in-
formation on the detection of the contaminant
at a quantifiable level in public water systems
(including detection of the contaminant at levels
not constituting a violation of the maximum
contaminant level for the contaminant).
‘‘(F) UNREGULATED
CONTAMINANTS.—
With respect to contaminants for which a na-
tional primary drinking water regulation has
132
not been established, the data base shall in-
clude—
‘‘(i) monitoring information collected
by public water systems that serve a popu-
lation of more than 10,000, as required by
the Administrator under paragraph (2);
‘‘(ii) monitoring information collected
by the States from a representative sam-
pling of public water systems that serve a
population of 10,000 or fewer; and
‘‘(iii) other reliable and appropriate
monitoring information on the occurrence
of the contaminants in public water sys-
tems that is available to the Adminis-
trator.’’.
(d) INFORMATION.—
(1) MONITORING AND TESTING AUTHORITY.—
Subparagraph (A) of section 1445(a)(1) (42 U.S.C.
300j–4(a)(1)) 
(as 
designated 
by 
subsection
(a)(1)(A)) is amended—
(A) by inserting ‘‘by accepted methods’’
after ‘‘conduct such monitoring’’; and
(B) by striking ‘‘such information as the
Administrator may reasonably require’’ and all
that follows through the period at the end and
133
inserting the following: ‘‘such information as
the Administrator may reasonably require—
‘‘(i) to assist the Administrator in establishing
regulations under this title or to assist the Adminis-
trator in determining, on a case-by-case basis,
whether the person has acted or is acting in compli-
ance with this title; and
‘‘(ii) by regulation to assist the Administrator
in determining compliance with national primary
drinking water regulations promulgated under sec-
tion 1412 or in administering any program of finan-
cial assistance under this title.
If the Administrator is requiring monitoring for purposes
of testing new or alternative methods, the Administrator
may require the use of other than accepted methods. In-
formation requirements imposed by the Administrator
pursuant to the authority of this subparagraph that re-
quire monitoring, the establishment or maintenance of
records or reporting, by a substantial number of public
water systems (determined in the sole discretion of the Ad-
ministrator), shall be established by regulation as provided
in clause (ii).’’.
(2) SCREENING METHODS.—Section 1445 (42
U.S.C. 300j–4) (as amended by section 12(c)) is fur-
ther amended by adding at the end the following:
134
‘‘(h) SCREENING
METHODS.—The Administrator
shall review new analytical methods to screen for regulated
contaminants and may approve such methods as are more
accurate or cost-effective than established reference meth-
ods for use in compliance monitoring.’’.
SEC. 20. PUBLIC NOTIFICATION.
Section 1414 (42 U.S.C. 300g–3) is amended by
striking subsection (c) and inserting the following:
‘‘(c) NOTICE TO PERSONS SERVED.—
‘‘(1) IN GENERAL.—Each owner or operator of
a public water system shall give notice to the per-
sons served by the system—
‘‘(A) of any failure on the part of the pub-
lic water system to—
‘‘(i) comply with an applicable maxi-
mum contaminant level or treatment tech-
nique requirement of, or a testing proce-
dure prescribed by, a national primary
drinking water regulation; or
‘‘(ii) perform monitoring required by
section 1445(a);
‘‘(B) if the public water system is subject
to 
a 
variance 
granted 
under 
section
1415(a)(1)(A), 1415(a)(2), or 1415(e) for an
inability to meet a maximum contaminant level
135
requirement or is subject to an exemption
granted under section 1416, of—
‘‘(i) the existence of the variance or
exemption; and
‘‘(ii) any failure to comply with the
requirements of any schedule prescribed
pursuant to the variance or exemption; and
‘‘(C) of the concentration level of any un-
regulated contaminant for which the Adminis-
trator has required public notice pursuant to
paragraph (2)(E).
‘‘(2) FORM, MANNER, AND FREQUENCY OF NO-
TICE.—
‘‘(A) IN
GENERAL.—The Administrator
shall, by regulation, and after consultation with
the States, prescribe the manner, frequency,
form, and content for giving notice under this
subsection. The regulations shall—
‘‘(i) provide for different frequencies
of notice based on the differences between
violations that are intermittent or infre-
quent and violations that are continuous or
frequent; and
136
‘‘(ii) take into account the seriousness
of any potential adverse health effects that
may be involved.
‘‘(B) STATE REQUIREMENTS.—
‘‘(i) IN GENERAL.—A State may, by
rule, establish alternative notification re-
quirements—
‘‘(I) with respect to the form and
content of notice given under and in a
manner in accordance with subpara-
graph (C); and
‘‘(II) with respect to the form
and content of notice given under sub-
paragraph (D).
‘‘(ii) CONTENTS.—The alternative re-
quirements shall provide the same type and
amount of information as required pursu-
ant to this subsection and regulations is-
sued under subparagraph (A).
‘‘(iii) RELATIONSHIP
TO
SECTION
1413.—Nothing in this subparagraph shall
be construed or applied to modify the re-
quirements of section 1413.
‘‘(C) VIOLATIONS
WITH
POTENTIAL
TO
HAVE SERIOUS ADVERSE EFFECTS ON HUMAN
137
HEALTH.—Regulations issued under subpara-
graph (A) shall specify notification procedures
for each violation by a public water system that
has the potential to have serious adverse effects
on human health as a result of short-term expo-
sure. Each notice of violation provided under
this subparagraph shall—
‘‘(i) be distributed as soon as prac-
ticable after the occurrence of the viola-
tion, but not later than 24 hours after the
occurrence of the violation;
‘‘(ii) provide a clear and readily un-
derstandable explanation of—
‘‘(I) the violation;
‘‘(II) the potential adverse effects
on human health;
‘‘(III) the steps that the public
water system is taking to correct the
violation; and
‘‘(IV) the necessity of seeking al-
ternative water supplies until the vio-
lation is corrected;
‘‘(iii) be provided to the Administrator
or the head of the State agency that has
primary enforcement responsibility under
138
section 1413 as soon as practicable, but
not later than 24 hours after the occur-
rence of the violation; and
‘‘(iv) as required by the State agency
in general regulations of the State agency,
or on a case-by-case basis after the con-
sultation referred to in clause (iii), consid-
ering the health risks involved—
‘‘(I) be provided to appropriate
broadcast media;
‘‘(II) be prominently published in
a newspaper of general circulation
serving the area not later than 1 day
after distribution of a notice pursuant
to clause (i) or the date of publication
of the next issue of the newspaper; or
‘‘(III) be provided by posting or
door-to-door notification in lieu of no-
tification by means of broadcast
media or newspaper.
‘‘(D) WRITTEN NOTICE.—
‘‘(i) IN GENERAL.—Regulations issued
under subparagraph (A) shall specify noti-
fication procedures for violations other
than the violations covered by subpara-
139
graph (C). The procedures shall specify
that a public water system shall provide
written notice to each person served by the
system by notice—
‘‘(I) in the first bill (if any) pre-
pared after the date of occurrence of
the violation;
‘‘(II) in an annual report issued
not later than 1 year after the date of
occurrence of the violation; or
‘‘(III) by mail or direct delivery
as soon as practicable, but not later
than 1 year after the date of occur-
rence of the violation.
‘‘(ii) FORM
AND
MANNER
OF
NO-
TICE.—The Administrator shall prescribe
the form and manner of the notice to pro-
vide a clear and readily understandable ex-
planation of—
‘‘(I) the violation;
‘‘(II) any potential adverse health
effects; and
‘‘(III) the steps that the system
is taking to seek alternative water
140
supplies, if any, until the violation is
corrected.
‘‘(E) UNREGULATED
CONTAMINANTS.—
The Administrator may require the owner or
operator of a public water system to give notice
to the persons served by the system of the con-
centration levels of an unregulated contaminant
required to be monitored under section 1445(a).
‘‘(3) REPORTS.—
‘‘(A) ANNUAL REPORT BY STATE.—
‘‘(i) IN
GENERAL.—Not later than
January 1, 1997, and annually thereafter,
each State that has primary enforcement
responsibility under section 1413 shall pre-
pare, make readily available to the public,
and submit to the Administrator an annual
report on violations of national primary
drinking water regulations by public water
systems in the State, including violations
with respect to—
‘‘(I) maximum contaminant lev-
els;
‘‘(II) treatment requirements;
‘‘(III) variances and exemptions;
and
141
‘‘(IV) monitoring requirements
determined to be significant by the
Administrator after consultation with
the States.
‘‘(ii) DISTRIBUTION.—The State shall
publish and distribute summaries of the re-
port and indicate where the full report is
available for review.
‘‘(B) 
ANNUAL
REPORT
BY
ADMINIS-
TRATOR.—Not later than July 1, 1997, and an-
nually thereafter, the Administrator shall pre-
pare and make available to the public an annual
report summarizing and evaluating reports sub-
mitted by States pursuant to subparagraph (A)
and notices submitted by public water systems
serving Indian Tribes provided to the Adminis-
trator pursuant to subparagraph (C) or (D) of
paragraph (2) and making recommendations
concerning the resources needed to improve
compliance with this title. The report shall in-
clude information about public water system
compliance on Indian reservations and about
enforcement activities undertaken and financial
assistance provided by the Administrator on In-
dian reservations, and shall make specific rec-
142
ommendations concerning the resources needed
to improve compliance with this title on Indian
reservations.’’.
SEC. 21. ENFORCEMENT; JUDICIAL REVIEW.
(a) IN GENERAL.—Section 1414 (42 U.S.C. 300g–
3) is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
(i) in subparagraph (A)—
(I) in clause (i), by striking ‘‘any
national primary drinking water regu-
lation in effect under section 1412’’
and inserting ‘‘any applicable require-
ment’’; and
(II) by striking ‘‘with such regu-
lation or requirement’’ and inserting
‘‘with the requirement’’; and
(ii) in subparagraph (B), by striking
‘‘regulation or’’ and inserting ‘‘applicable’’;
and
(B) by striking paragraph (2) and insert-
ing the following:
‘‘(2) 
ENFORCEMENT
IN
NONPRIMACY
STATES.—
143
‘‘(A) IN GENERAL.—If, on the basis of in-
formation available to the Administrator, the
Administrator finds, with respect to a period in
which a State does not have primary enforce-
ment responsibility for public water systems,
that a public water system in the State—
‘‘(i) for which a variance under sec-
tion 1415 or an exemption under section
1416 is not in effect, does not comply with
any applicable requirement; or
‘‘(ii) for which a variance under sec-
tion 1415 or an exemption under section
1416 is in effect, does not comply with any
schedule or other requirement imposed
pursuant to the variance or exemption;
the Administrator shall issue an order under
subsection (g) requiring the public water system
to comply with the requirement, or commence a
civil action under subsection (b).
‘‘(B) NOTICE.—If the Administrator takes
any action pursuant to this paragraph, the Ad-
ministrator shall notify an appropriate local
elected official, if any, with jurisdiction over the
public water system of the action prior to the
time that the action is taken.’’;
144
(2) in the first sentence of subsection (b), by
striking ‘‘a national primary drinking water regula-
tion’’ and inserting ‘‘any applicable requirement’’;
(3) in subsection (g)—
(A) in paragraph (1), by striking ‘‘regula-
tion, schedule, or other’’ each place it appears
and inserting ‘‘applicable’’;
(B) in paragraph (2)—
(i) in the first sentence—
(I) by striking ‘‘effect until after
notice and opportunity for public
hearing and,’’ and inserting ‘‘effect,’’;
and
(II) by striking ‘‘proposed order’’
and inserting ‘‘order’’; and
(ii) in the second sentence, by striking
‘‘proposed to be’’; and
(C) in paragraph (3)—
(i) by striking subparagraph (B) and
inserting the following:
‘‘(B) EFFECT OF PENALTY AMOUNTS.—In
a case in which a civil penalty sought by the
Administrator under this paragraph does not
exceed $5,000, the penalty shall be assessed by
the Administrator after notice and opportunity
145
for a public hearing (unless the person against
whom the penalty is assessed requests a hearing
on the record in accordance with section 554 of
title 5, United States Code). In a case in which
a civil penalty sought by the Administrator
under this paragraph exceeds $5,000, but does
not exceed $25,000, the penalty shall be as-
sessed by the Administrator after notice and
opportunity for a hearing on the record in ac-
cordance with section 554 of title 5, United
States Code.’’; and
(ii) in subparagraph (C), by striking
‘‘paragraph exceeds $5,000’’ and inserting
‘‘subsection for a violation of an applicable
requirement exceeds $25,000’’; and
(4) by adding at the end the following:
‘‘(h) CONSOLIDATION INCENTIVE.—
‘‘(1) IN GENERAL.—An owner or operator of a
public water system may submit to the State in
which the system is located (if the State has primary
enforcement responsibility under section 1413) or to
the Administrator (if the State does not have pri-
mary enforcement responsibility) a plan (including
specific measures and schedules) for—
146
‘‘(A) the physical consolidation of the sys-
tem with 1 or more other systems;
‘‘(B) the consolidation of significant man-
agement and administrative functions of the
system with 1 or more other systems; or
‘‘(C) the transfer of ownership of the sys-
tem that may reasonably be expected to im-
prove drinking water quality.
‘‘(2) CONSEQUENCES
OF
APPROVAL.—If the
State or the Administrator approves a plan pursuant
to paragraph (1), no enforcement action shall be
taken pursuant to this part with respect to a specific
violation identified in the approved plan prior to the
date that is the earlier of the date on which consoli-
dation is completed according to the plan or the date
that is 2 years after the plan is approved.
‘‘(i) DEFINITION OF APPLICABLE REQUIREMENT.—
In this section, the term ‘applicable requirement’ means—
‘‘(1) a requirement of section 1412, 1414,
1415, 1416, 1417, 1441, or 1445;
‘‘(2) a regulation promulgated pursuant to a
section referred to in paragraph (1);
‘‘(3) a schedule or requirement imposed pursu-
ant to a section referred to in paragraph (1); and
147
‘‘(4) a requirement of, or permit issued under,
an applicable State program for which the Adminis-
trator has made a determination that the require-
ments of section 1413 have been satisfied, or an ap-
plicable State program approved pursuant to this
part.’’.
(b) STATE AUTHORITY FOR ADMINISTRATIVE PEN-
ALTIES.—Section 1413(a) (42 U.S.C. 300g–2(a)) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(4);
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(6) has adopted authority for administrative
penalties (unless the constitution of the State pro-
hibits the adoption of the authority) in a maximum
amount—
‘‘(A) in the case of a system serving a pop-
ulation of more than 10,000, that is not less
than $1,000 per day per violation; and
‘‘(B) in the case of any other system, that
is adequate to ensure compliance (as deter-
mined by the State);
148
except that a State may establish a maximum limita-
tion on the total amount of administrative penalties
that may be imposed on a public water system per
violation.’’.
(c) JUDICIAL REVIEW.—Section 1448(a) (42 U.S.C.
300j–7(a)) is amended—
(1) in paragraph (2) of the first sentence, by
inserting ‘‘final’’ after ‘‘any other’’;
(2) in the second sentence, by striking ‘‘or issu-
ance of the order’’ and inserting ‘‘or any other final
Agency action’’; and
(3) by adding at the end the following ‘‘In any
petition concerning the assessment of a civil penalty
pursuant to section 1414(g)(3)(B), the petitioner
shall simultaneously send a copy of the complaint by
certified mail to the Administrator and the Attorney
General. The court shall set aside and remand the
penalty order if the court finds that there is not sub-
stantial evidence in the record to support the finding
of a violation or that the assessment of the penalty
by the Administrator constitutes an abuse of discre-
tion.’’.
SEC. 22. FEDERAL AGENCIES.
(a) IN GENERAL.—Subsections (a) and (b) of section
1447 (42 U.S.C. 300j–6) are amended to read as follows:
149
‘‘(a) COMPLIANCE.—
‘‘(1) IN GENERAL.—Each Federal agency shall
be subject to, and comply with, all Federal, State,
interstate, and local substantive and procedural re-
quirements, administrative authorities, and process
and sanctions concerning the provision of safe drink-
ing water or underground injection in the same
manner, and to the same extent, as any nongovern-
mental entity is subject to, and shall comply with,
the requirements, authorities, and process and sanc-
tions.
‘‘(2) ADMINISTRATIVE
ORDERS
AND
PEN-
ALTIES.—The Federal, State, interstate, and local
substantive and procedural requirements, adminis-
trative authorities, and process and sanctions re-
ferred to in paragraph (1) include all administrative
orders and all civil and administrative penalties or
fines, regardless of whether the penalties or fines are
punitive or coercive in nature or are imposed for iso-
lated, intermittent, or continuing violations.
‘‘(3) LIMITED
WAIVER
OF
SOVEREIGN
IMMU-
NITY.—The United States expressly waives any im-
munity otherwise applicable to the United States
with respect to any requirement, administrative au-
thority, or process or sanction referred to in para-
161
‘‘(iii) toxicological studies and, if war-
ranted, epidemiological studies to quantify
the carcinogenic potential from exposure to
disinfection byproducts resulting from dif-
ferent disinfectants;
‘‘(iv) the development of practical an-
alytical methods for detecting and enumer-
ating microbial contaminants, including
giardia, cryptosporidium, and viruses;
‘‘(v) the development of reliable, effi-
cient, and economical methods to deter-
mine 
the 
viability 
of 
individual
cryptosporidium oocysts;
‘‘(vi) the development of dose-response
curves 
for 
pathogens, 
including
cryptosporidium and the Norwalk virus;
‘‘(vii) the development of indicators
that define treatment effectiveness for
pathogens and disinfection byproducts; and
‘‘(viii) bench, pilot, and full-scale
studies and demonstration projects to
evaluate optimized conventional treatment,
ozone, granular activated carbon, and
membrane 
technology 
for 
controlling