
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: 42USC300j-4]

 
                 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-4. Records and inspections


(a) Provision of information to Administrator; monitoring program for 
        unregulated contaminants

    (1)(A) Every person who is subject to any requirement of this 
subchapter or who is a grantee, shall establish and maintain such 
records, make such reports, conduct such monitoring, and provide such 
information as the Administrator may reasonably require by regulation to 
assist the Administrator in establishing regulations under this 
subchapter, in determining whether such person has acted or is acting in 
compliance with this subchapter, in administering any program of 
financial assistance under this subchapter, in evaluating the health 
risks of unregulated contaminants, or in advising the public of such 
risks. In requiring a public water system to monitor under this 
subsection, the Administrator may take into consideration the system 
size and the contaminants likely to be found in the system's drinking 
water.
    (B) Every person who is subject to a national primary drinking water 
regulation under section 300g-1 of this title shall provide such 
information as the Administrator may reasonably require, after 
consultation with the State in which such person is located if such 
State has primary enforcement responsibility for public water systems, 
on a case-by-case basis, to determine whether such person has acted or 
is acting in compliance with this subchapter.
    (C) Every person who is subject to a national primary drinking water 
regulation under section 300g-1 of this title shall provide such 
information as the Administrator may reasonably require to assist the 
Administrator in establishing regulations under section 300g-1 of this 
title, after consultation with States and suppliers of water. The 
Administrator may not require under this subparagraph the installation 
of treatment equipment or process changes, the testing of treatment 
technology, or the analysis or processing of monitoring samples, except 
where the Administrator provides the funding for such activities. Before 
exercising this authority, the Administrator shall first seek to obtain 
the information by voluntary submission.
    (D) The Administrator shall not later than 2 years after August 6, 
1996, after consultation with public health experts, representatives of 
the general public, and officials of State and local governments, review 
the monitoring requirements for not fewer than 12 contaminants 
identified by the Administrator, and promulgate any necessary 
modifications.
    (2) Monitoring program for unregulated contaminants.--
        (A) Establishment.--The Administrator shall promulgate 
    regulations establishing the criteria for a monitoring program for 
    unregulated contaminants. The regulations shall require monitoring 
    of drinking water supplied by public water systems and shall vary 
    the frequency and schedule for monitoring requirements for systems 
    based on the number of persons served by the system, the source of 
    supply, and the contaminants likely to be found, ensuring that only 
    a representative sample of systems serving 10,000 persons or fewer 
    are required to monitor.
        (B) Monitoring program for certain unregulated contaminants.--
            (i) Initial list.--Not later than 3 years after August 6, 
        1996, and every 5 years thereafter, the Administrator shall 
        issue a list pursuant to subparagraph (A) of not more than 30 
        unregulated contaminants to be monitored by public water systems 
        and to be included in the national drinking water occurrence 
        data base maintained pursuant to subsection (g) of this section.
            (ii) Governors' petition.--The Administrator shall include 
        among the list of contaminants for which monitoring is required 
        under this paragraph each contaminant recommended in a petition 
        signed by the Governor of each of 7 or more States, unless the 
        Administrator determines that the action would prevent the 
        listing of other contaminants of a higher public health concern.

        (C) Monitoring plan for small and medium systems.--
            (i) In general.--Based on the regulations promulgated by the 
        Administrator, each State may 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 in that State. 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 section 300j-12(o) of this title or appropriated under 
        subparagraph (H), the Administrator shall pay the reasonable 
        cost of such testing and laboratory analysis as are necessary to 
        carry out monitoring under the plan.

        (D) Monitoring results.--Each public water system that conducts 
    monitoring of unregulated contaminants pursuant to this paragraph 
    shall provide the results of the monitoring to the primary 
    enforcement authority for the system.
        (E) Notification.--Notification of the availability of the 
    results of monitoring programs required under paragraph (2)(A) shall 
    be given to the persons served by the system.
        (F) Waiver of monitoring requirement.--The Administrator shall 
    waive the requirement 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 (i) of this section 
    in lieu of monitoring for particular contaminants under this 
    paragraph.
        (H) Authorization of appropriations.--There are authorized to be 
    appropriated to carry out this paragraph $10,000,000 for each of the 
    fiscal years 1997 through 2003.

(b) Entry of establishments, facilities, or other property; inspections; 
        conduct of certain tests; audit and examination of records; 
        entry restrictions; prohibition against informing of a proposed 
        entry

    (1) Except as provided in paragraph (2), the Administrator, or 
representatives of the Administrator duly designated by him, upon 
presenting appropriate credentials and a written notice to any supplier 
of water or other person subject to (A) a national primary drinking 
water regulation prescribed under section 300g-1 of this title, (B) an 
applicable underground injection control program, or (C) any requirement 
to monitor an unregulated contaminant pursuant to subsection (a) of this 
section, or person in charge of any of the property of such supplier or 
other person referred to in clause (A), (B), or (C), is authorized to 
enter any establishment, facility, or other property of such supplier or 
other person in order to determine whether such supplier or other person 
has acted or is acting in compliance with this subchapter, including for 
this purpose, inspection, at reasonable times, of records, files, 
papers, processes, controls, and facilities, or in order to test any 
feature of a public water system, including its raw water source. The 
Administrator or the Comptroller General (or any representative 
designated by either) shall have access for the purpose of audit and 
examination to any records, reports, or information of a grantee which 
are required to be maintained under subsection (a) of this section or 
which are pertinent to any financial assistance under this subchapter.
    (2) No entry may be made under the first sentence of paragraph (1) 
in an establishment, facility, or other property of a supplier of water 
or other person subject to a national primary drinking water regulation 
if the establishment, facility, or other property is located in a State 
which has primary enforcement responsibility for public water systems 
unless, before written notice of such entry is made, the Administrator 
(or his representative) notifies the State agency charged with 
responsibility for safe drinking water of the reasons for such entry. 
The Administrator shall, upon a showing by the State agency that such an 
entry will be detrimental to the administration of the State's program 
of primary enforcement responsibility, take such showing into 
consideration in determining whether to make such entry. No State agency 
which receives notice under this paragraph of an entry proposed to be 
made under paragraph (1) may use the information contained in the notice 
to inform the person whose property is proposed to be entered of the 
proposed entry; and if a State agency so uses such information, notice 
to the agency under this paragraph is not required until such time as 
the Administrator determines the agency has provided him satisfactory 
assurances that it will no longer so use information contained in a 
notice under this paragraph.

(c) Penalty

    Whoever fails or refuses to comply with any requirement of 
subsection (a) of this section or to allow the Administrator, the 
Comptroller General, or representatives of either, to enter and conduct 
any audit or inspection authorized by subsection (b) of this section 
shall be subject to a civil penalty of not to exceed $25,000.

(d) Confidential information; trade secrets and secret processes; 
        information disclosure; ``information required under this 
        section'' defined

    (1) Subject to paragraph (2), upon a showing satisfactory to the 
Administrator by any person that any information required under this 
section from such person, if made public, would divulge trade secrets or 
secret processes of such person, the Administrator shall consider such 
information confidential in accordance with the purposes of section 1905 
of title 18. If the applicant fails to make a showing satisfactory to 
the Administrator, the Administrator shall give such applicant thirty 
days' notice before releasing the information to which the application 
relates (unless the public health or safety requires an earlier release 
of such information).
    (2) Any information required under this section (A) may be disclosed 
to other officers, employees, or authorized representatives of the 
United States concerned with carrying out this subchapter or to 
committees of the Congress, or when relevant in any proceeding under 
this subchapter, and (B) shall be disclosed to the extent it deals with 
the level of contaminants in drinking water. For purposes of this 
subsection the term ``information required under this section'' means 
any papers, books, documents, or information, or any particular part 
thereof, reported to or otherwise obtained by the Administrator under 
this section.

(e) ``Grantee'' and ``person'' defined

    For purposes of this section, (1) the term ``grantee'' means any 
person who applies for or receives financial assistance, by grant, 
contract, or loan guarantee under this subchapter, and (2) the term 
``person'' includes a Federal agency.

(f) Information regarding drinking water coolers

    The Administrator may utilize the authorities of this section for 
purposes of part F of this subchapter. Any person who manufactures, 
imports, sells, or distributes drinking water coolers in interstate 
commerce shall be treated as a supplier of water for purposes of 
applying the provisions of this section in the case of persons subject 
to part F of this subchapter.

(g) Occurrence data base

                           (1) In general

        Not later than 3 years after August 6, 1996, the Administrator 
    shall assemble and maintain a national drinking water contaminant 
    occurrence data base, using information on the occurrence of both 
    regulated and unregulated contaminants in public water systems 
    obtained under subsection (a)(1)(A) of this section or subsection 
    (a)(2) of this section and reliable information from other public 
    and private sources.

                          (2) Public input

        In establishing the occurrence data base, the Administrator 
    shall solicit recommendations from the Science Advisory Board, the 
    States, and other interested parties concerning the development and 
    maintenance of a national drinking water contaminant occurrence data 
    base, including such issues as the structure and design of the data 
    base, data input parameters and requirements, and the use and 
    interpretation of data.

                               (3) Use

        The data shall be used by the Administrator in making 
    determinations under section 300g-1(b)(1) of this title with respect 
    to the occurrence of a contaminant in drinking water at a level of 
    public health concern.

                     (4) Public recommendations

        The Administrator shall periodically solicit recommendations 
    from the appropriate officials of the National Academy of Sciences 
    and the States, and any person may submit recommendations to the 
    Administrator, with respect to contaminants that should be included 
    in the national drinking water contaminant occurrence data base, 
    including recommendations with respect to additional unregulated 
    contaminants that should be listed under subsection (a)(2) of this 
    section. Any recommendation submitted under this clause shall be 
    accompanied by reasonable documentation that--
            (A) the contaminant occurs or is likely to occur in drinking 
        water; and
            (B) the contaminant poses a risk to public health.

                       (5) Public availability

        The information from the data base shall be available to the 
    public in readily accessible form.

                     (6) Regulated contaminants

        With respect to each contaminant for which a national primary 
    drinking water regulation has been established, the data base shall 
    include information 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).

                    (7) Unregulated contaminants

        With respect to contaminants for which a national primary 
    drinking water regulation has not been established, the data base 
    shall include--
            (A) monitoring information collected by public water systems 
        that serve a population of more than 10,000, as required by the 
        Administrator under subsection (a) of this section;
            (B) monitoring information collected from a representative 
        sampling of public water systems that serve a population of 
        10,000 or fewer; and
            (C) other reliable and appropriate monitoring information on 
        the occurrence of the contaminants in public water systems that 
        is available to the Administrator.

(h) Availability of information on small system technologies

    For purposes of sections 300g-1(b)(4)(E) and 300g-4(e) of this title 
(relating to small system variance program), the Administrator may 
request information on the characteristics of commercially available 
treatment systems and technologies, including the effectiveness and 
performance of the systems and technologies under various operating 
conditions. The Administrator may specify the form, content, and 
submission date of information to be submitted by manufacturers, States, 
and other interested persons for the purpose of considering the systems 
and technologies in the development of regulations or guidance under 
sections 300g-1(b)(4)(E) and 300g-4(e) of this title.

(i) 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 methods for use in 
compliance monitoring.

(July 1, 1944, ch. 373, title XIV, Sec. 1445, as added Pub. L. 93-523, 
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1686; amended Pub. L. 95-190, 
Sec. 12(c), (d), Nov. 16, 1977, 91 Stat. 1398; Pub. L. 99-339, title I, 
Sec. 106, title III, Sec. 301(h), June 19, 1986, 100 Stat. 650, 665; 
Pub. L. 100-572, Sec. 5, Oct. 31, 1988, 102 Stat. 2889; Pub. L. 104-182, 
title I, Secs. 111(b), 125(a), (c), (d), 126, Aug. 6, 1996, 110 Stat. 
1633, 1653, 1656-1658.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-182, Sec. 125(a), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``Every person 
who is a supplier of water, who is or may be otherwise subject to a 
primary drinking water regulation prescribed under section 300g-1 of 
this title or to an applicable underground injection control program (as 
defined in section 300h-1(c) of this title), who is or may be subject to 
the permit requirement of section 300h-3 of this title, or to an order 
issued under section 300j of this title, or who is a grantee, shall 
establish and maintain such records, make such reports, conduct such 
monitoring, and provide such information as the Administrator may 
reasonably require by regulation to assist him in establishing 
regulations under this subchapter, in determining whether such person 
has acted or is acting in compliance with this subchapter in 
administering any program of financial assistance under this subchapter, 
in evaluating the health risks of unregulated contaminants, or in 
advising the public of such risks. In requiring a public water system to 
monitor under this subsection, the Administrator may take into 
consideration the system size and the contaminants likely to be found in 
the system's drinking water.''
    Subsec. (a)(2) to (8). Pub. L. 104-182, Sec. 125(c), added heading 
and text of par. (2) and struck out former pars. (2) to (8) which 
directed Administrator, not later than 18 months after June 19, 1986, to 
promulgate regulations requiring every public water system to conduct a 
monitoring program for unregulated contaminants, specified contents of 
regulations, provided for reporting and notification of availability of 
results of monitoring, waiver of monitoring requirements, and compliance 
by small systems, and authorized appropriations for fiscal year ending 
Sept. 30, 1987.
    Subsec. (g). Pub. L. 104-182, Sec. 126, added subsec. (g).
    Subsec. (h). Pub. L. 104-182, Sec. 111(b), added subsec. (h).
    Subsec. (i). Pub. L. 104-182, Sec. 125(d), added subsec. (i).
    1988--Subsec. (f). Pub. L. 100-572 added subsec. (f).
    1986--Subsec. (a)(1). Pub. L. 99-339, Sec. 106(a), (b), designated 
existing provisions as par. (1) and inserted provisions permitting 
Administrator to consider size of system and contaminants likely to be 
found.
    Subsec. (a)(2) to (7). Pub. L. 99-339, Sec. 106(b), added pars. (2) 
to (7).
    Subsec. (a)(8). Pub. L. 99-339, Sec. 301(h), added par. (8).
    Subsec. (c). Pub. L. 99-339, Sec. 106(c), substituted ``shall be 
subject to a civil penalty of not to exceed $25,000'' for ``may be fined 
not more than $5,000''.
    1977--Subsec. (a). Pub. L. 95-190, Sec. 12(c), inserted provisions 
relating to evaluating and advising of health risks of unregulated 
contaminants.
    Subsec. (b)(1). Pub. L. 95-190, Sec. 12(d), designated existing 
provisions as cls. (A) and (B) and added cl. (C) and reference to such 
cls. (A) to (C).

                  Section Referred to in Other Sections

    This section is referred to in sections 300g-1, 300g-3, 300j-12, 
7412, 9606 of this title.
