
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300h-7]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
       Part C--Protection of Underground Sources of Drinking Water
 
Sec. 300h-7. State programs to establish wellhead protection 
        areas
        

(a) State programs

    The Governor or Governor's designee of each State shall, within 3 
years of June 19, 1986, adopt and submit to the Administrator a State 
program to protect wellhead areas within their jurisdiction from 
contaminants which may have any adverse effect on the health of persons. 
Each State program under this section shall, at a minimum--
        (1) specify the duties of State agencies, local governmental 
    entities, and public water supply systems with respect to the 
    development and implementation of programs required by this section;
        (2) for each wellhead, determine the wellhead protection area as 
    defined in subsection (e) of this section based on all reasonably 
    available hydrogeologic information on ground water flow, recharge 
    and discharge and other information the State deems necessary to 
    adequately determine the wellhead protection area;
        (3) identify within each wellhead protection area all potential 
    anthropogenic sources of contaminants which may have any adverse 
    effect on the health of persons;
        (4) describe a program that contains, as appropriate, technical 
    assistance, financial assistance, implementation of control 
    measures, education, training, and demonstration projects to protect 
    the water supply within wellhead protection areas from such 
    contaminants;
        (5) include contingency plans for the location and provision of 
    alternate drinking water supplies for each public water system in 
    the event of well or wellfield contamination by such contaminants; 
    and
        (6) include a requirement that consideration be given to all 
    potential sources of such contaminants within the expected wellhead 
    area of a new water well which serves a public water supply system.

(b) Public participation

    To the maximum extent possible, each State shall establish 
procedures, including but not limited to the establishment of technical 
and citizens' advisory committees, to encourage the public to 
participate in developing the protection program for wellhead areas and 
source water assessment programs under section 300j-13 of this title. 
Such procedures shall include notice and opportunity for public hearing 
on the State program before it is submitted to the Administrator.

(c) Disapproval

                           (1) In general

        If, in the judgment of the Administrator, a State program or 
    portion thereof under subsection (a) of this section is not adequate 
    to protect public water systems as required by subsection (a) of 
    this section or a State program under section 300j-13 of this title 
    or section 300g-7(b) of this title does not meet the applicable 
    requirements of section 300j-13 of this title or section 300g-7(b) 
    of this title, the Administrator shall disapprove such program or 
    portion thereof. A State program developed pursuant to subsection 
    (a) of this section shall be deemed to be adequate unless the 
    Administrator determines, within 9 months of the receipt of a State 
    program, that such program (or portion thereof) is inadequate for 
    the purpose of protecting public water systems as required by this 
    section from contaminants that may have any adverse effect on the 
    health of persons. A State program developed pursuant to section 
    300j-13 of this title or section 300g-7(b) of this title shall be 
    deemed to meet the applicable requirements of section 300j-13 of 
    this title or section 300g-7(b) of this title unless the 
    Administrator determines within 9 months of the receipt of the 
    program that such program (or portion thereof) does not meet such 
    requirements. If the Administrator determines that a proposed State 
    program (or any portion thereof) is disapproved, the Administrator 
    shall submit a written statement of the reasons for such 
    determination to the Governor of the State.

                  (2) Modification and resubmission

        Within 6 months after receipt of the Administrator's written 
    notice under paragraph (1) that any proposed State program (or 
    portion thereof) is disapproved, the Governor or Governor's 
    designee, shall modify the program based upon the recommendations of 
    the Administrator and resubmit the modified program to the 
    Administrator.

(d) Federal assistance

    After the date 3 years after June 19, 1986, no State shall receive 
funds authorized to be appropriated under this section except for the 
purpose of implementing the program and requirements of paragraphs (4) 
and (6) of subsection (a) of this section.

(e) ``Wellhead protection area'' defined

    As used in this section, the term ``wellhead protection area'' means 
the surface and subsurface area surrounding a water well or wellfield, 
supplying a public water system, through which contaminants are 
reasonably likely to move toward and reach such water well or wellfield. 
The extent of a wellhead protection area, within a State, necessary to 
provide protection from contaminants which may have any adverse effect 
on the health of persons is to be determined by the State in the program 
submitted under subsection (a) of this section. Not later than one year 
after June 19, 1986, the Administrator shall issue technical guidance 
which States may use in making such determinations. Such guidance may 
reflect such factors as the radius of influence around a well or 
wellfield, the depth of drawdown of the water table by such well or 
wellfield at any given point, the time or rate of travel of various 
contaminants in various hydrologic conditions, distance from the well or 
wellfield, or other factors affecting the likelihood of contaminants 
reaching the well or wellfield, taking into account available 
engineering pump tests or comparable data, field reconnaissance, 
topographic information, and the geology of the formation in which the 
well or wellfield is located.

(f) Prohibitions

                   (1) Activities under other laws

        No funds authorized to be appropriated under this section may be 
    used to support activities authorized by the Federal Water Pollution 
    Control Act [33 U.S.C. 1251 et seq.], the Solid Waste Disposal Act 
    [42 U.S.C. 6901 et seq.], the Comprehensive Environmental Response, 
    Compensation, and Liability Act of 1980 [42 U.S.C. 9601 et seq.], or 
    other sections of this chapter.

                       (2) Individual sources

        No funds authorized to be appropriated under this section may be 
    used to bring individual sources of contamination into compliance.

(g) Implementation

    Each State shall make every reasonable effort to implement the State 
wellhead area protection program under this section within 2 years of 
submitting the program to the Administrator. Each State shall submit to 
the Administrator a biennial status report describing the State's 
progress in implementing the program. Such report shall include 
amendments to the State program for water wells sited during the 
biennial period.

(h) Federal agencies

    Each department, agency, and instrumentality of the executive, 
legislative, and judicial branches of the Federal Government having 
jurisdiction over any potential source of contaminants identified by a 
State program pursuant to the provisions of subsection (a)(3) of this 
section shall be subject to and comply with all requirements of the 
State program developed according to subsection (a)(4) of this section 
applicable to such potential source of contaminants, both substantive 
and procedural, in the same manner, and to the same extent, as any other 
person is subject to such requirements, including payment of reasonable 
charges and fees. The President may exempt any potential source under 
the jurisdiction of any department, agency, or instrumentality in the 
executive branch if the President determines it to be in the paramount 
interest of the United States to do so. No such exemption shall be 
granted due to the lack of an appropriation unless the President shall 
have specifically requested such appropriation as part of the budgetary 
process and the Congress shall have failed to make available such 
requested appropriations.

(i) Additional requirement

                           (1) In general

        In addition to the provisions of subsection (a) of this section, 
    States in which there are more than 2,500 active wells at which 
    annular injection is used as of January 1, 1986, shall include in 
    their State program a certification that a State program exists and 
    is being adequately enforced that provides protection from 
    contaminants which may have any adverse effect on the health of 
    persons and which are associated with the annular injection or 
    surface disposal of brines associated with oil and gas production.

                  (2) ``Annular injection'' defined

        For purposes of this subsection, the term ``annular injection'' 
    means the reinjection of brines associated with the production of 
    oil or gas between the production and surface casings of a 
    conventional oil or gas producing well.

                             (3) Review

        The Administrator shall conduct a review of each program 
    certified under this subsection.

                           (4) Disapproval

        If a State fails to include the certification required by this 
    subsection or if in the judgment of the Administrator the State 
    program certified under this subsection is not being adequately 
    enforced, the Administrator shall disapprove the State program 
    submitted under subsection (a) of this section.

(j) Coordination with other laws

    Nothing in this section shall authorize or require any department, 
agency, or other instrumentality of the Federal Government or State or 
local government to apportion, allocate or otherwise regulate the 
withdrawal or beneficial use of ground or surface waters, so as to 
abrogate or modify any existing rights to water established pursuant to 
State or Federal law, including interstate compacts.

(k) Authorization of appropriations

    Unless the State program is disapproved under this section, the 
Administrator shall make grants to the State for not less than 50 or 
more than 90 percent of the costs incurred by a State (as determined by 
the Administrator) in developing and implementing each State program 
under this section. For purposes of making such grants there is 
authorized to be appropriated not more than the following amounts:


                      Fiscal year:                            Amount

    1987................................................   $20,000,000
    1988................................................    20,000,000
    1989................................................    35,000,000
    1990................................................    35,000,000
    1991................................................    35,000,000
    1992-2003...........................................     30,000,000.


(July 1, 1944, ch. 373, title XIV, Sec. 1428, as added and amended Pub. 
L. 99-339, title II, Sec. 205, title III, Sec. 301(e), June 19, 1986, 
100 Stat. 660, 664; Pub. L. 104-182, title I, Secs. 120(b), 132(b), 
title V, Sec. 501(f)(4), Aug. 6, 1996, 110 Stat. 1650, 1674, 1692.)

                       References in Text

    The Federal Water Pollution Control Act, referred to in subsec. 
(f)(1), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 
92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified 
generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and 
Navigable Waters. For complete classification of this Act to the Code, 
see Short Title note set out under section 1251 of Title 33 and Tables.
    The Solid Waste Disposal Act, referred to in subsec. (f)(1), is 
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended 
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which 
is classified generally to chapter 82 (Sec. 6901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6901 of this title and Tables.
    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, referred to in subsec. (f)(1), is Pub. L. 96-510, 
Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified 
principally to chapter 103 (Sec. 9601 et seq.) of this title. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 9601 of this title and Tables.


                               Amendments

    1996--Pub. L. 104-182, Sec. 501(f)(4), made technical amendment to 
section catchline and subsec. (a) designation.
    Subsec. (b). Pub. L. 104-182, Sec. 132(b)(4), inserted before period 
at end of first sentence ``and source water assessment programs under 
section 300j-13 of this title''.
    Subsec. (c)(1). Pub. L. 104-182, Sec. 132(b)(3), which directed 
substitution of ``is disapproved'' for ``is inadequate'' in third 
sentence, was executed by making the substitution in fourth sentence to 
reflect the probable intent of Congress and the amendment by Pub. L. 
104-182, Sec. 132(b)(2). See below.
    Pub. L. 104-182, Sec. 132(b)(2), inserted after second sentence ``A 
State program developed pursuant to section 300j-13 of this title or 
section 300g-7(b) of this title shall be deemed to meet the applicable 
requirements of section 300j-13 of this title or section 300g-7(b) of 
this title unless the Administrator determines within 9 months of the 
receipt of the program that such program (or portion thereof) does not 
meet such requirements.''
    Pub. L. 104-182, Sec. 132(b)(1), amended first sentence generally. 
Prior to amendment, first sentence read as follows: ``If, in the 
judgment of the Administrator, a State program (or portion thereof, 
including the definition of a wellhead protection area), is not adequate 
to protect public water systems as required by this section, the 
Administrator shall disapprove such program (or portion thereof).''
    Subsec. (c)(2). Pub. L. 104-182, Sec. 132(b)(3), substituted ``is 
disapproved'' for ``is inadequate''.
    Subsec. (k). Pub. L. 104-182, Sec. 120(b), inserted table item 
relating to fiscal years 1992 through 2003.
    1986--Subsec. (k). Pub. L. 99-339, Sec. 301(e), added subsec. (k).

                  Section Referred to in Other Sections

    This section is referred to in sections 300j-12, 300j-13, 300j-14 of 
this title.
