
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-14]

 
                 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-14. Source water petition program


(a) Petition program

                           (1) In general

        (A) Establishment

            A State may establish a program under which an owner or 
        operator of a community water system in the State, or a 
        municipal or local government or political subdivision of a 
        State, may submit a source water quality protection partnership 
        petition to the State requesting that the State assist in the 
        local development of a voluntary, incentive-based partnership, 
        among the owner, operator, or government and other persons 
        likely to be affected by the recommendations of the partnership, 
        to--
                (i) reduce the presence in drinking water of 
            contaminants that may be addressed by a petition by 
            considering the origins of the contaminants, including to 
            the maximum extent practicable the specific activities that 
            affect the drinking water supply of a community;
                (ii) obtain financial or technical assistance necessary 
            to facilitate establishment of a partnership, or to develop 
            and implement recommendations of a partnership for the 
            protection of source water to assist in the provision of 
            drinking water that complies with national primary drinking 
            water regulations with respect to contaminants addressed by 
            a petition; and
                (iii) develop recommendations regarding voluntary and 
            incentive-based strategies for the long-term protection of 
            the source water of community water systems.

        (B) Funding

            Each State may--
                (i) use funds set aside pursuant to section 300j-
            12(k)(1)(A)(iii) of this title by the State to carry out a 
            program described in subparagraph (A), including assistance 
            to voluntary local partnerships for the development and 
            implementation of partnership recommendations for the 
            protection of source water such as source water quality 
            assessment, contingency plans, and demonstration projects 
            for partners within a source water area delineated under 
            section 300j-13(a) of this title; and
                (ii) provide assistance in response to a petition 
            submitted under this subsection using funds referred to in 
            subsection (b)(2)(B) of this section.

                           (2) Objectives

        The objectives of a petition submitted under this subsection 
    shall be to--
            (A) facilitate the local development of voluntary, 
        incentive-based partnerships among owners and operators of 
        community water systems, governments, and other persons in 
        source water areas; and
            (B) obtain assistance from the State in identifying 
        resources which are available to implement the recommendations 
        of the partnerships to address the origins of drinking water 
        contaminants that may be addressed by a petition (including to 
        the maximum extent practicable the specific activities 
        contributing to the presence of the contaminants) that affect 
        the drinking water supply of a community.

              (3) Contaminants addressed by a petition

        A petition submitted to a State under this subsection may 
    address only those contaminants--
            (A) that are pathogenic organisms for which a national 
        primary drinking water regulation has been established or is 
        required under section 300g-1 of this title; or
            (B) for which a national primary drinking water regulation 
        has been promulgated or proposed and that are detected by 
        adequate monitoring methods in the source water at the intake 
        structure or in any collection, treatment, storage, or 
        distribution facilities by the community water systems at 
        levels--
                (i) above the maximum contaminant level; or
                (ii) that are not reliably and consistently below the 
            maximum contaminant level.

                            (4) Contents

        A petition submitted under this subsection shall, at a minimum--
            (A) include a delineation of the source water area in the 
        State that is the subject of the petition;
            (B) identify, to the maximum extent practicable, the origins 
        of the drinking water contaminants that may be addressed by a 
        petition (including to the maximum extent practicable the 
        specific activities contributing to the presence of the 
        contaminants) in the source water area delineated under section 
        300j-13 of this title;
            (C) identify any deficiencies in information that will 
        impair the development of recommendations by the voluntary local 
        partnership to address drinking water contaminants that may be 
        addressed by a petition;
            (D) specify the efforts made to establish the voluntary 
        local partnership and obtain the participation of--
                (i) the municipal or local government or other political 
            subdivision of the State with jurisdiction over the source 
            water area delineated under section 300j-13 of this title; 
            and
                (ii) each person in the source water area delineated 
            under section 300j-13 of this title--
                    (I) who is likely to be affected by recommendations 
                of the voluntary local partnership; and
                    (II) whose participation is essential to the success 
                of the partnership;

            (E) outline how the voluntary local partnership has or will, 
        during development and implementation of recommendations of the 
        voluntary local partnership, identify, recognize and take into 
        account any voluntary or other activities already being 
        undertaken by persons in the source water area delineated under 
        section 300j-13 of this title under Federal or State law to 
        reduce the likelihood that contaminants will occur in drinking 
        water at levels of public health concern; and
            (F) specify the technical, financial, or other assistance 
        that the voluntary local partnership requests of the State to 
        develop the partnership or to implement recommendations of the 
        partnership.

(b) Approval or disapproval of petitions

                           (1) In general

        After providing notice and an opportunity for public comment on 
    a petition submitted under subsection (a) of this section, the State 
    shall approve or disapprove the petition, in whole or in part, not 
    later than 120 days after the date of submission of the petition.

                            (2) Approval

        The State may approve a petition if the petition meets the 
    requirements established under subsection (a) of this section. The 
    notice of approval shall, at a minimum, include for informational 
    purposes--
            (A) an identification of technical, financial, or other 
        assistance that the State will provide to assist in addressing 
        the drinking water contaminants that may be addressed by a 
        petition based on--
                (i) the relative priority of the public health concern 
            identified in the petition with respect to the other water 
            quality needs identified by the State;
                (ii) any necessary coordination that the State will 
            perform of the program established under this section with 
            programs implemented or planned by other States under this 
            section; and
                (iii) funds available (including funds available from a 
            State revolving loan fund established under title VI of the 
            Federal Water Pollution Control Act (33 U.S.C. 1381 et 
            seq.)) or section 300j-12 of this title;

            (B) a description of technical or financial assistance 
        pursuant to Federal and State programs that is available to 
        assist in implementing recommendations of the partnership in the 
        petition, including--
                (i) any program established under the Federal Water 
            Pollution Control Act (33 U.S.C. 1251 et seq.);
                (ii) the program established under section 1455b of 
            title 16;
                (iii) the agricultural water quality protection program 
            established under chapter 2 of subtitle D of title XII of 
            the Food Security Act of 1985 (16 U.S.C. 3838 et seq.);
                (iv) the sole source aquifer protection program 
            established under section 300h-6 of this title;
                (v) the community wellhead protection program 
            established under section 300h-7 of this title;
                (vi) any pesticide or ground water management plan;
                (vii) any voluntary agricultural resource management 
            plan or voluntary whole farm or whole ranch management plan 
            developed and implemented under a process established by the 
            Secretary of Agriculture; and
                (viii) any abandoned well closure program; and

            (C) a description of activities that will be undertaken to 
        coordinate Federal and State programs to respond to the 
        petition.

                           (3) Disapproval

        If the State disapproves a petition submitted under subsection 
    (a) of this section, the State shall notify the entity submitting 
    the petition in writing of the reasons for disapproval. A petition 
    may be resubmitted at any time if--
            (A) new information becomes available;
            (B) conditions affecting the source water that is the 
        subject of the petition change; or
            (C) modifications are made in the type of assistance being 
        requested.

(c) Grants to support State programs

                           (1) In general

        The Administrator may make a grant to each State that 
    establishes a program under this section that is approved under 
    paragraph (2). The amount of each grant shall not exceed 50 percent 
    of the cost of administering the program for the year in which the 
    grant is available.

                            (2) Approval

        In order to receive grant assistance under this subsection, a 
    State shall submit to the Administrator for approval a plan for a 
    source water quality protection partnership program that is 
    consistent with the guidance published under subsection (d) of this 
    section. The Administrator shall approve the plan if the plan is 
    consistent with the guidance published under subsection (d) of this 
    section.

(d) Guidance

                           (1) In general

        Not later than 1 year after August 6, 1996, the Administrator, 
    in consultation with the States, shall publish guidance to assist--
            (A) States in the development of a source water quality 
        protection partnership program; and
            (B) municipal or local governments or political subdivisions 
        of a State and community water systems in the development of 
        source water quality protection partnerships and in the 
        assessment of source water quality.

                    (2) Contents of the guidance

        The guidance shall, at a minimum--
            (A) recommend procedures for the approval or disapproval by 
        a State of a petition submitted under subsection (a) of this 
        section;
            (B) recommend procedures for the submission of petitions 
        developed under subsection (a) of this section;
            (C) recommend criteria for the assessment of source water 
        areas within a State; and
            (D) describe technical or financial assistance pursuant to 
        Federal and State programs that is available to address the 
        contamination of sources of drinking water and to develop and 
        respond to petitions submitted under subsection (a) of this 
        section.

(e) Authorization of appropriations

    There are authorized to be appropriated to carry out this section 
$5,000,000 for each of the fiscal years 1997 through 2003. Each State 
with a plan for a program approved under subsection (b) of this section 
shall receive an equitable portion of the funds available for any fiscal 
year.

(f) Statutory construction

    Nothing in this section--
        (1)(A) creates or conveys new authority to a State, political 
    subdivision of a State, or community water system for any new 
    regulatory measure; or
        (B) limits any authority of a State, political subdivision, or 
    community water system; or
        (2) precludes a community water system, municipal or local 
    government, or political subdivision of a government from locally 
    developing and carrying out a voluntary, incentive-based, source 
    water quality protection partnership to address the origins of 
    drinking water contaminants of public health concern.

(July 1, 1944, ch. 373, title XIV, Sec. 1454, as added Pub. L. 104-182, 
title I, Sec. 133(a), Aug. 6, 1996, 110 Stat. 1675.)

                       References in Text

    The Federal Water Pollution Control Act, referred to in subsec. 
(b)(2)(A)(iii), (B)(i), 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. Title VI of the Act is classified 
generally to subchapter VI (Sec. 1381 et seq.) of chapter 26 of Title 
33. For complete classification of this Act to the Code, see Short Title 
note set out under section 1251 of Title 33 and Tables.
    The Food Security Act of 1985, referred to in subsec. 
(b)(2)(B)(iii), is Pub. L. 99-198, Dec. 23, 1985, 99 Stat. 1354, as 
amended. Chapter 2 of subtitle D of title XII of the Act was classified 
generally to part II (Sec. 3838 et seq.) of subchapter IV of chapter 58 
of Title 16, Conservation, prior to repeal by Pub. L. 104-127, title 
III, Sec. 336(h), Apr. 4, 1996, 110 Stat. 1007. For complete 
classification of this Act to the Code, see Short Title of 1985 
Amendment note set out under section 1281 of Title 7, Agriculture, and 
Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 300j-12 of this title.
