42 U.S.C. § 300j — Assurances of availability of adequate sup-

Page 1285 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300j (5) Methods and means by which information systems, including process controls and super- visory control and data acquisition and cyber systems at community water systems could be disrupted by terrorists or other groups. (b) Alternative sources The review under this section shall also in- clude a review of the methods and means by which alternative supplies of drinking water could be provided in the event of the destruc- tion, impairment or contamination of public water systems. (c) Requirements and considerations In carrying out this section and section 300i–3 of this title— (1) the Administrator shall ensure that re- views carried out under this section reflect the needs of community water systems of various sizes and various geographic areas of the United States; and (2) the Administrator may consider the vul- nerability of, or potential for forced interrup- tion of service for, a region or service area, in- cluding community water systems that pro- vide service to the National Capital area. (d) Information sharing As soon as practicable after reviews carried out under this section or section 300i–3 of this title have been evaluated, the Administrator shall disseminate, as appropriate as determined by the Administrator, to community water sys- tems information on the results of the project through the Information Sharing and Analysis Center, or other appropriate means. (e) Funding There are authorized to be appropriated to carry out this section and section 300i–3 of this title not more than $15,000,000 for the fiscal year 2002 and such sums as may be necessary for the fiscal years 2003 through 2005. (July 1, 1944, ch. 373, title XIV, § 1435, as added Pub. L. 107–188, title IV, § 402, June 12, 2002, 116 Stat. 686.) PART E—GENERAL PROVISIONS § 300j. Assurances of availability of adequate sup- plies of chemicals necessary for treatment of water (a) Certification of need application If any person who uses chlorine, activated car- bon, lime, ammonia, soda ash, potassium per- manganate, caustic soda, or other chemical or substance for the purpose of treating water in any public water system or in any public treat- ment works determines that the amount of such chemical or substance necessary to effectively treat such water is not reasonably available to him or will not be so available to him when re- quired for the effective treatment of such water, such person may apply to the Administrator for a certification (hereinafter in this section re- ferred to as a ‘‘certification of need’’) that the amount of such chemical or substance which such person requires to effectively treat such water is not reasonably available to him or will not be so available when required for the effec- tive treatment of such water. (b) Application requirements; publication in Fed- eral Register; waiver; certification, issuance or denial (1) An application for a certification of need shall be in such form and submitted in such manner as the Administrator may require and shall (A) specify the persons the applicant deter- mines are able to provide the chemical or sub- stance with respect to which the application is submitted, (B) specify the persons from whom the applicant has sought such chemical or sub- stance, and (C) contain such other information as the Administrator may require. (2) Upon receipt of an application under this section, the Administrator shall (A) publish in the Federal Register a notice of the receipt of the application and a brief summary of it, (B) notify in writing each person whom the Presi- dent or his delegate (after consultation with the Administrator) determines could be made sub- ject to an order required to be issued upon the issuance of the certification of need applied for in such application, and (C) provide an oppor- tunity for the submission of written comments on such application. The requirements of the preceding sentence of this paragraph shall not apply when the Administrator for good cause finds (and incorporates the finding with a brief statement of reasons therefor in the order issued) that waiver of such requirements is nec- essary in order to protect the public health. (3) Within 30 days after— (A) the date a notice is published under paragraph (2) in the Federal Register with re- spect to an application submitted under this section for the issuance of a certification of need, or (B) the date on which such application is re- ceived if as authorized by the second sentence of such paragraph no notice is published with respect to such application, the Administrator shall take action either to issue or deny the issuance of a certification of need. (c) Certification of need; issuance; executive or- ders; implementation of orders; equitable ap- portionment of orders; factors considered (1) If the Administrator finds that the amount of a chemical or substance necessary for an ap- plicant under an application submitted under this section to effectively treat water in a public water system or in a public treatment works is not reasonably available to the applicant or will not be so available to him when required for the effective treatment of such water, the Adminis- trator shall issue a certification of need. Not later than seven days following the issuance of such certification, the President or his delegate shall issue an order requiring the provision to such person of such amounts of such chemical or substance as the Administrator deems necessary in the certification of need issued for such per- son. Such order shall apply to such manufac- tures, producers, processors, distributors, and repackagers of such chemical or substance as the President or his delegate deems necessary and appropriate, except that such order may not apply to any manufacturer, producer, or proc- essor of such chemical or substance who manu- factures, produces, or processes (as the case may Page 1286 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300j–1 be) such chemical or substance solely for its own use. Persons subject to an order issued under this section shall be given a reasonable oppor- tunity to consult with the President or his dele- gate with respect to the implementation of the order. (2) Orders which are to be issued under para- graph (1) to manufacturers, producers, and proc- essors of a chemical or substance shall be equi- tably apportioned, as far as practicable, among all manufacturers, producers, and processors of such chemical or substance; and orders which are to be issued under paragraph (1) to distribu- tors and repackagers of a chemical or substance shall be equitably apportioned, as far as prac- ticable, among all distributors and repackagers of such chemical or substance. In apportioning orders issued under paragraph (1) to manufac- turers, producers, processors, distributors, and repackagers of chlorine, the President or his del- egate shall, in carrying out the requirements of the preceding sentence, consider— (A) the geographical relationships and estab- lished commercial relationships between such manufacturers, producers, processors, dis- tributors, and repackagers and the persons for whom the orders are issued; (B) in the case of orders to be issued to pro- ducers of chlorine, the (i) amount of chlorine historically supplied by each such producer to treat water in public water systems and public treatment works, and (ii) share of each such producer of the total annual production of chlorine in the United States; and (C) such other factors as the President or his delegate may determine are relevant to the apportionment of orders in accordance with the requirements of the preceding sentence. (3) Subject to subsection (f), any person for whom a certification of need has been issued under this subsection may upon the expiration of the order issued under paragraph (1) upon such certification apply under this section for additional certifications. (d) Breach of contracts; defense There shall be available as a defense to any ac- tion brought for breach of contract in a Federal or State court arising out of delay or failure to provide, sell, or offer for sale or exchange a chemical or substance subject to an order issued pursuant to subsection (c)(1), that such delay or failure was caused solely by compliance with such order. (e) Penalties for noncompliance with orders; temporary restraining orders and prelimi- nary or permanent injunctions (1) Whoever knowingly fails to comply with any order issued pursuant to subsection (c)(1) shall be fined not more than $5,000 for each such failure to comply. (2) Whoever fails to comply with any order issued pursuant to subsection (c)(1) shall be sub- ject to a civil penalty of not more than $2,500 for each such failure to comply. (3) Whenever the Administrator or the Presi- dent or his delegate has reason to believe that any person is violating or will violate any order issued pursuant to subsection (c)(1), he may pe- tition a United States district court to issue a temporary restraining order or preliminary or permanent injunction (including a mandatory injunction) to enforce the provision of such order. (f) Termination date No certification of need or order issued under this section may remain in effect for more than one year. (July 1, 1944, ch. 373, title XIV, § 1441, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1680; amended Pub. L. 95–190, § 7, Nov. 16, 1977, 91 Stat. 1396; Pub. L. 96–63, § 3, Sept. 6, 1979, 93 Stat. 411; Pub. L. 99–339, title III, § 301(d), June 19, 1986, 100 Stat. 664; Pub. L. 104–182, title V, § 501(c), Aug. 6, 1996, 110 Stat. 1691.) Editorial Notes AMENDMENTS 1996—Subsec. (f). Pub. L. 104–182 inserted a period after ‘‘year’’. 1986—Subsec. (f). Pub. L. 99–339 substituted ‘‘in effect for more than one year’’ for ‘‘in effect— (1) for more than one year, or (2) September 30, 1982, whichever oc- curs first.’’ 1979—Subsec. (f)(2). Pub. L. 96–63 substituted ‘‘Sep- tember 30, 1982’’ for ‘‘September 30, 1979’’. 1977—Subsec. (f). Pub. L. 95–190 substituted ‘‘Sep- tember 30, 1979’’ for ‘‘June 30, 1977’’. Executive Documents EX. ORD. NO. 11879. DELEGATION OF FUNCTIONS TO SEC- RETARY OF COMMERCE RELATING TO ORDERS FOR PRO- VISION OF CHEMICALS OR SUBSTANCES NECESSARY FOR TREATMENT OF WATER Ex. Ord. No. 11879, Sept. 17, 1975, 40 F.R. 43197, pro- vided: By virtue of the authority vested in me by Section 1441 of the Public Health Service Act, as amended by the Safe Drinking Water Act [now Safe Drinking Water Act of 1974] (88 Stat. 1680, 42 U.S.C. 300j), and as Presi- dent of the United States, the Secretary of Commerce is hereby delegated, with power to redelegate to agen- cies, officers and employees of the Government, the functions of the President contained in said section 1441 [42 U.S.C. 300j]. Those functions shall be adminis- tered under regulations or agreements which are iden- tical or compatible with other regulations and agree- ments, including those provided pursuant to Executive Order No. 10480, as amended [former 50 U.S.C. App. 2153 note], for the allocation of similar chemicals or sub- stances. GERALD R. FORD. § 300j–1. Research, technical assistance, informa- tion, training of personnel (a) Specific powers and duties of Administrator (1) The Administrator may conduct research, studies, and demonstrations relating to the causes, diagnosis, treatment, control, and pre- vention of physical and mental diseases and other impairments of man resulting directly or indirectly from contaminants in water, or to the provision of a dependably safe supply of drink- ing water, including— (A) improved methods (i) to identify and measure the existence of contaminants in drinking water (including methods which may be used by State and local health and water officials), and (ii) to identify the source of such contaminants;