
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: 42USC300j-13]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                       Part E--General Provisions
 
Sec. 300j-13. Source water quality assessment


(a) Source water assessment

                            (1) Guidance

        Within 12 months after August 6, 1996, after notice and comment, 
    the Administrator shall publish guidance for States exercising 
    primary enforcement responsibility for public water systems to carry 
    out directly or through delegation (for the protection and benefit 
    of public water systems and for the support of monitoring 
    flexibility) a source water assessment program within the State's 
    boundaries. Each State adopting modifications to monitoring 
    requirements pursuant to section 300g-7(b) of this title shall, 
    prior to adopting such modifications, have an approved source water 
    assessment program under this section and shall carry out the 
    program either directly or through delegation.

                      (2) Program requirements

        A source water assessment program under this subsection shall--
            (A) delineate the boundaries of the assessment areas in such 
        State from which one or more public water systems in the State 
        receive supplies of drinking water, using all reasonably 
        available hydrogeologic information on the sources of the supply 
        of drinking water in the State and the water flow, recharge, and 
        discharge and any other reliable information as the State deems 
        necessary to adequately determine such areas; and
            (B) identify for contaminants regulated under this 
        subchapter for which monitoring is required under this 
        subchapter (or any unregulated contaminants selected by the 
        State, in its discretion, which the State, for the purposes of 
        this subsection, has determined may present a threat to public 
        health), to the extent practical, the origins within each 
        delineated area of such contaminants to determine the 
        susceptibility of the public water systems in the delineated 
        area to such contaminants.

         (3) Approval, implementation, and monitoring relief

        A State source water assessment program under this subsection 
    shall be submitted to the Administrator within 18 months after the 
    Administrator's guidance is issued under this subsection and shall 
    be deemed approved 9 months after the date of such submittal unless 
    the Administrator disapproves the program as provided in section 
    300h-7(c) of this title. States shall begin implementation of the 
    program immediately after its approval. The Administrator's approval 
    of a State program under this subsection shall include a timetable, 
    established in consultation with the State, allowing not more than 2 
    years for completion after approval of the program. Public water 
    systems seeking monitoring relief in addition to the interim relief 
    provided under section 300g-7(a) of this title shall be eligible for 
    monitoring relief, consistent with section 300g-7(b) of this title, 
    upon completion of the assessment in the delineated source water 
    assessment area or areas concerned.

                            (4) Timetable

        The timetable referred to in paragraph (3) shall take into 
    consideration the availability to the State of funds under section 
    300j-12 of this title (relating to State loan funds) for assessments 
    and other relevant factors. The Administrator may extend any 
    timetable included in a State program approved under paragraph (3) 
    to extend the period for completion by an additional 18 months.

                      (5) Demonstration project

        The Administrator shall, as soon as practicable, conduct a 
    demonstration project, in consultation with other Federal agencies, 
    to demonstrate the most effective and protective means of assessing 
    and protecting source waters serving large metropolitan areas and 
    located on Federal lands.

                      (6) Use of other programs

        To avoid duplication and to encourage efficiency, the program 
    under this section may make use of any of the following:
            (A) Vulnerability assessments, sanitary surveys, and 
        monitoring programs.
            (B) Delineations or assessments of ground water sources 
        under a State wellhead protection program developed pursuant to 
        this section.
            (C) Delineations or assessments of surface or ground water 
        sources under a State pesticide management plan developed 
        pursuant to the Pesticide and Ground Water State Management Plan 
        Regulation (subparts I and J of part 152 of title 40, Code of 
        Federal Regulations), promulgated under section 136a(d) of title 
        7.
            (D) Delineations or assessments of surface water sources 
        under a State watershed initiative or to satisfy the watershed 
        criterion for determining if filtration is required under the 
        Surface Water Treatment Rule (section 141.70 of title 40, Code 
        of Federal Regulations).
            (E) Delineations or assessments of surface or ground water 
        sources under programs or plans pursuant to the Federal Water 
        Pollution Control Act [33 U.S.C. 1251 et seq.].

                       (7) Public availability

        The State shall make the results of the source water assessments 
    conducted under this subsection available to the public.

(b) Approval and disapproval

    For provisions relating to program approval and disapproval, see 
section 300h-7(c) of this title.

(July 1, 1944, ch. 373, title XIV, Sec. 1453, as added Pub. L. 104-182, 
title I, Sec. 132(a), Aug. 6, 1996, 110 Stat. 1673.)

                       References in Text

    The Federal Water Pollution Control Act, referred to in subsec. 
(a)(6)(E), 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 300g-7, 300h-7, 300j-12, 
300j-14 of this title.
