
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300g-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                      Part B--Public Water Systems
 
Sec. 300g-5. Exemptions


(a) Requisite findings

    A State which has primary enforcement responsibility may exempt any 
public water system within the State's jurisdiction from any requirement 
respecting a maximum contaminant level or any treatment technique 
requirement, or from both, of an applicable national primary drinking 
water regulation upon a finding that--
        (1) due to compelling factors (which may include economic 
    factors, including qualification of the public water system as a 
    system serving a disadvantaged community pursuant to section 300j-
    12(d) of this title), the public water system is unable to comply 
    with such contaminant level or treatment technique requirement, or 
    to implement measures to develop an alternative source of water 
    supply,
        (2) the public water system was in operation on the effective 
    date of such contaminant level or treatment technique requirement, 
    or, for a system that was not in operation by that date, only if no 
    reasonable alternative source of drinking water is available to such 
    new system,
        (3) the granting of the exemption will not result in an 
    unreasonable risk to health; \1\ and
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    \1\ So in original. The semicolon probably should be a comma.
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        (4) management or restructuring changes (or both) cannot 
    reasonably be made that will result in compliance with this 
    subchapter or, if compliance cannot be achieved, improve the quality 
    of the drinking water.

(b) Compliance schedule and implementation of control measures; notice 
        and hearing; dates for compliance with schedule; compliance, 
        enforcement; approval or revision of schedules and revocation of 
        exemptions

    (1) If a State grants a public water system an exemption under 
subsection (a) of this section, the State shall prescribe, at the time 
the exemption is granted, a schedule for--
        (A) compliance (including increments of progress or measures to 
    develop an alternative source of water supply) by the public water 
    system with each contaminant level requirement or treatment 
    technique requirement with respect to which the exemption was 
    granted, and
        (B) implementation by the public water system of such control 
    measures as the State may require for each contaminant, subject to 
    such contaminant level requirement or treatment technique 
    requirement, during the period ending on the date compliance with 
    such requirement is required.

Before a schedule prescribed by a State pursuant to this subsection may 
take effect, the State shall provide notice and opportunity for a public 
hearing on the schedule. A notice given pursuant to the preceding 
sentence may cover the prescribing of more than one such schedule and a 
hearing held pursuant to such notice shall include each of the schedules 
covered by the notice.
    (2)(A) A schedule prescribed pursuant to this subsection for a 
public water system granted an exemption under subsection (a) of this 
section shall require compliance by the system with each contaminant 
level and treatment technique requirement with respect to which the 
exemption was granted as expeditiously as practicable (as the State may 
reasonably determine) but not later than 3 years after the otherwise 
applicable compliance date established in section 300g-1(b)(10) of this 
title.
    (B) No exemption shall be granted unless the public water system 
establishes that--
        (i) the system cannot meet the standard without capital 
    improvements which cannot be completed prior to the date established 
    pursuant to section 300g-1(b)(10) of this title;
        (ii) in the case of a system which needs financial assistance 
    for the necessary improvements, the system has entered into an 
    agreement to obtain such financial assistance or assistance pursuant 
    to section 300j-12 of this title, or any other Federal or State 
    program is reasonably likely to be available within the period of 
    the exemption; or
        (iii) the system has entered into an enforceable agreement to 
    become a part of a regional public water system; and

the system is taking all practicable steps to meet the standard.
    (C) In the case of a system which does not serve more than a 
population of 3,300 and which needs financial assistance for the 
necessary improvements, an exemption granted under clause (i) or (ii) of 
subparagraph (B) may be renewed for one or more additional 2-year 
periods, but not to exceed a total of 6 years, if the system establishes 
that it is taking all practicable steps to meet the requirements of 
subparagraph (B).
    (D) Limitation.--A public water system may not receive an exemption 
under this section if the system was granted a variance under section 
300g-4(e) of this title.
    (3) Each public water system's exemption granted by a State under 
subsection (a) of this section shall be conditioned by the State upon 
compliance by the public water system with the schedule prescribed by 
the State pursuant to this subsection. The requirements of each schedule 
prescribed by a State pursuant to this subsection shall be enforceable 
by the State under its laws. Any requirement of a schedule on which an 
exemption granted under this section is conditioned may be enforced 
under section 300g-3 of this title as if such requirement was part of a 
national primary drinking water regulation.
    (4) Each schedule prescribed by a State pursuant to this subsection 
shall be deemed approved by the Administrator unless the exemption for 
which it was prescribed is revoked by the Administrator under subsection 
(d)(2) of this section or the schedule is revised by the Administrator 
under such subsection.

(c) Notice to Administrator; reasons for exemption

    Each State which grants an exemption under subsection (a) of this 
section shall promptly notify the Administrator of the granting of such 
exemption. Such notification shall contain the reasons for the exemption 
(including the basis for the finding required by subsection (a)(3) of 
this section before the exemption may be granted) and document the need 
for the exemption.

(d) Review of exemptions and schedules; publication in Federal Register, 
        notice and results of review; notice to State; considerations 
        respecting abuse of discretion in granting exemptions or failing 
        to prescribe schedules; State corrective action

    (1) Not later than 18 months after the effective date of the interim 
national primary drinking water regulations the Administrator shall 
complete a comprehensive review of the exemptions granted (and schedules 
prescribed pursuant thereto) by the States during the one-year period 
beginning on such effective date. The Administrator shall conduct such 
subsequent reviews of exemptions and schedules as he deems necessary to 
carry out the purposes of this subchapter, but each subsequent review 
shall be completed within each 3-year period following the completion of 
the first review under this subparagraph. Before conducting any review 
under this subparagraph, the Administrator shall publish notice of the 
proposed review in the Federal Register. Such notice shall (A) provide 
information respecting the location of data and other information 
respecting the exemptions to be reviewed (including data and other 
information concerning new scientific matters bearing on such 
exemptions), and (B) advise of the opportunity to submit comments on the 
exemptions reviewed and on the need for continuing them. Upon completion 
of any such review, the Administrator shall publish in the Federal 
Register the results of his review, together with findings responsive to 
comments submitted in connection with such review.
    (2)(A) If the Administrator finds that a State has, in a substantial 
number of instances, abused its discretion in granting exemptions under 
subsection (a) of this section or failed to prescribe schedules in 
accordance with subsection (b) of this section, the Administrator shall 
notify the State of his findings. In determining if a State has abused 
its discretion in granting exemptions in a substantial number of 
instances, the Administrator shall consider the number of persons who 
are affected by the exemptions and if the requirements applicable to the 
granting of the exemptions were complied with. A notice under this 
subparagraph shall--
        (i) identify each exempt public water system with respect to 
    which the finding was made,
        (ii) specify the reasons for the finding, and
        (iii) as appropriate, propose revocations of specific exemptions 
    or propose revised schedules for specific exempt public water 
    systems, or both.

    (B) The Administrator shall provide reasonable notice and public 
hearing on the provisions of each notice given pursuant to subparagraph 
(A). After a hearing on notice pursuant to subparagraph (A), the 
Administrator shall (i) rescind the finding for which the notice was 
given and promptly notify the State of such rescission, or (ii) 
promulgate (with such modifications as he deems appropriate) such 
exemption revocations and revised schedules proposed in such notice as 
he deems appropriate. Not later than 180 days after the date a notice is 
given pursuant to subparagraph (A), the Administrator shall complete the 
hearing on the notice and take the action required by the preceding 
sentence.
    (C) If a State is notified under subparagraph (A) of a finding of 
the Administrator made with respect to an exemption granted a public 
water system within that State or to a schedule prescribed pursuant to 
such an exemption and if before a revocation of such exemption or a 
revision of such schedule promulgated by the Administrator takes effect 
the State takes corrective action with respect to such exemption or 
schedule which the Administrator determines makes his finding 
inapplicable to such exemption or schedule, the Administrator shall 
rescind the application of his finding to that exemption or schedule. No 
exemption revocation or revised schedule may take effect before the 
expiration of 90 days following the date of the notice in which the 
revocation or revised schedule was proposed.

(e) ``Treatment technique requirement'' defined

    For purposes of this section, the term ``treatment technique 
requirement'' means a requirement in a national primary drinking water 
regulation which specifies for a contaminant (in accordance with section 
300f(1)(C)(ii) of this title) each treatment technique known to the 
Administrator which leads to a reduction in the level of such 
contaminant sufficient to satisfy the requirements of section 300g-1(b) 
of this title.

(f) Authority of Administrator in a State without primary enforcement 
        responsibility

    If a State does not have primary enforcement responsibility for 
public water systems, the Administrator shall have the same authority to 
exempt public water systems in such State from maximum contaminant level 
requirements and treatment technique requirements under the same 
conditions and in the same manner as the State would be authorized to 
grant exemptions under this section if it had primary enforcement 
responsibility.

(g) Applications for exemptions; regulations; reasonable time for acting

    If an application for an exemption under this section is made, the 
State receiving the application or the Administrator, as the case may 
be, shall act upon such application within a reasonable period (as 
determined under regulations prescribed by the Administrator) after the 
date of its submission.

(July 1, 1944, ch. 373, title XIV, Sec. 1416, as added Pub. L. 93-523, 
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1672; amended Pub. L. 95-190, 
Sec. 10(a), Nov. 16, 1977, 91 Stat. 1398; Pub. L. 96-502, Secs. 1, 4(b), 
Dec. 5, 1980, 94 Stat. 2737, 2738; Pub. L. 99-339, title I, 
Secs. 101(c)(4), 105, June 19, 1986, 100 Stat. 646, 649; Pub. L. 104-
182, title I, Sec. 117(a), Aug. 6, 1996, 110 Stat. 1644.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-182, Sec. 117(a)(1), inserted ``, 
including qualification of the public water system as a system serving a 
disadvantaged community pursuant to section 300j-12(d) of this title'' 
after ``(which may include economic factors'' and ``or to implement 
measures to develop an alternative source of water supply,'' after 
``treatment technique requirement,''.
    Subsec. (a)(4). Pub. L. 104-182, Sec. 117(a)(2), added par. (4).
    Subsec. (b)(1)(A). Pub. L. 104-182, Sec. 117(a)(3), substituted 
``(including increments of progress or measures to develop an 
alternative source of water supply)'' for ``(including increments of 
progress)'' and ``requirement or treatment'' for ``requirement and 
treatment''.
    Subsec. (b)(2)(A). Pub. L. 104-182, Sec. 117(a)(4)(A), substituted 
``not later than 3 years after the otherwise applicable compliance date 
established in section 300g-1(b)(10) of this title.'' for ``(except as 
provided in subparagraph (B))--
        ``(i) in the case of an exemption granted with respect to a 
    contaminant level or treatment technique requirement prescribed by 
    the national primary drinking water regulations promulgated under 
    section 300g-1(a) of this title, not later than 12 months after June 
    19, 1986; and
        ``(ii) in the case of an exemption granted with respect to a 
    contaminant level or treatment technique requirement prescribed by 
    national primary drinking water regulations, other than a regulation 
    referred to in section 300g-1(a) of this title, 12 months after the 
    date of the issuance of the exemption.''
    Subsec. (b)(2)(B). Pub. L. 104-182, Sec. 117(a)(4)(A), substituted 
``No exemption shall be granted unless'' for ``The final date for 
compliance provided in any schedule in the case of any exemption may be 
extended by the State (in the case of a State which has primary 
enforcement responsibility) or by the Administrator (in any other case) 
for a period not to exceed 3 years after the date of the issuance of the 
exemption if'' in introductory provisions.
    Subsec. (b)(2)(B)(i). Pub. L. 104-182, Sec. 117(a)(4)(B), 
substituted ``prior to the date established pursuant to section 300g-
1(b)(10) of this title'' for ``within the period of such exemption''.
    Subsec. (b)(2)(B)(ii). Pub. L. 104-182, Sec. 117(a)(4)(C), inserted 
``or assistance pursuant to section 300j-12 of this title, or any other 
Federal or State program is reasonably likely to be available within the 
period of the exemption'' after ``such financial assistance''.
    Subsec. (b)(2)(C). Pub. L. 104-182, Sec. 117(a)(4)(D), substituted 
``a population of 3,300'' for ``500 service connections'' and inserted 
``, but not to exceed a total of 6 years,'' after ``for one or more 
additional 2-year periods''.
    Subsec. (b)(2)(D). Pub. L. 104-182, Sec. 117(a)(4)(E), added subpar. 
(D).
    1986--Subsec. (b)(1). Pub. L. 99-339, Sec. 105(a)(1), substituted 
``at the time'' for ``within one year of the date''.
    Subsec. (b)(2)(A)(i). Pub. L. 99-339, Sec. 105(a)(2), struck out 
``interim'' before ``national primary'' and substituted ``not later than 
12 months after June 19, 1986'' for ``not later than January 1, 1984''.
    Subsec. (b)(2)(A)(ii). Pub. L. 99-339, Sec. 105(a)(3), struck out 
``revised'' before ``national primary'' and substituted ``other than a 
regulation referred to in section 300g-1(a) of this title, 12 months 
after the date of the issuance of the exemption'' for ``not later than 
seven years after the date such requirement takes effect''.
    Subsec. (b)(2)(B). Pub. L. 99-339, Sec. 105(a)(4), amended subpar. 
(B) generally. Prior to amendment, subpar. (B) read as follows: 
``Notwithstanding clauses (i) and (ii) of subparagraph (A) of this 
paragraph, the final date for compliance prescribed in a schedule 
prescribed pursuant to this subsection for an exemption granted for a 
public water system which (as determined by the State granting the 
exemption) has entered into an enforceable agreement to become a part of 
a regional public water system shall--
        ``(i) in the case of a schedule prescribed for an exemption 
    granted with respect to a contaminant level or treatment technique 
    requirement prescribed by interim national primary drinking water 
    regulations, be not later than January 1, 1986; and
        ``(ii) in the case of a schedule prescribed for an exemption 
    granted with respect to a contaminant level or treatment technique 
    requirement prescribed by revised national primary drinking water 
    regulations, be not later than nine years after such requirement 
    takes effect.''
    Subsec. (b)(2)(C). Pub. L. 99-339, Sec. 105(a)(4), added subpar. 
(C).
    Subsec. (e). Pub. L. 99-339, Sec. 101(c)(4), substituted ``300g-
1(b)'' for ``300g-1(b)(3)''.
    1980--Subsec. (a)(2). Pub. L. 96-502, Sec. 4(b), substituted 
``treatment technique requirement, or, for a system that was not in 
operation by that date, only if no reasonable alternative source of 
drinking water is available to such new system, and'' for ``treatment 
technique requirement, and''.
    Subsec. (b)(2)(A)(i). Pub. L. 96-502, Sec. 1, substituted ``January 
1, 1984'' for ``January 1, 1981''.
    Subsec. (b)(2)(B)(i). Pub. L. 96-502, Sec. 1, substituted ``January 
1, 1986'' for ``January 1, 1983''.
    1977--Subsec. (b)(1). Pub. L. 95-190 substituted ``contaminant'' for 
``containment'' wherever appearing.

                  Section Referred to in Other Sections

    This section is referred to in sections 300g, 300g-2, 300g-3, 300g-
9, 300j-2, 300j-7, 300j-8 of this title.
