42 U.S.C. § 300f — Definitions

Page 1232 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300f qualified health maintenance organization for purposes of section 300e–9 of this title. (h) Penalties Whoever knowingly and willfully makes or causes to be made any false statement or rep- resentation of a material fact in any statement filed pursuant to this section shall be guilty of a felony and upon conviction thereof shall be fined not more than $25,000 or imprisoned for not more than five years, or both. (July 1, 1944, ch. 373, title XIII, § 1318, as added Pub. L. 95–559, § 9(a), Nov. 1, 1978, 92 Stat. 2135; amended Pub. L. 97–35, title IX, § 948, Aug. 13, 1981, 95 Stat. 577; Pub. L. 99–660, title VIII, § 810, Nov. 14, 1986, 100 Stat. 3801; Pub. L. 108–173, title IX, § 900(e)(2)(E), Dec. 8, 2003, 117 Stat. 2372.) Editorial Notes AMENDMENTS 2003—Subsec. (a)(2). Pub. L. 108–173 substituted ‘‘Cen- ters for Medicare & Medicaid Services’’ for ‘‘Health Care Financing Administration’’. 1986—Subsec. (e). Pub. L. 99–660 struck out subsec. (e) which read as follows: ‘‘The Secretary shall file an an- nual report with the Congress on the operation of this section. Such report shall include— ‘‘(1) an enumeration of standards and norms uti- lized to make the evaluations required under sub- section (d) of this section; ‘‘(2) an assessment of the degree of conformity or nonconformity of each health maintenance organiza- tion evaluated by the Secretary under subsection (d) of this section with such standards and norms; ‘‘(3) what action, if any, the Secretary considers necessary under section 300e–11 of this title with re- spect to health maintenance organizations evaluated under subsection (d) of this section.’’ 1981—Subsec. (a). Pub. L. 97–35, § 948(a), (b), in par. (2) inserted reference to copy of the report, if any, filed with the Health Care Financing Administration, and in par. (3)(B) reorganized excluding provisions and, among revisions, inserted salaries paid to employees for serv- ices. Subsec. (b)(1). Pub. L. 97–35, § 948(c), inserted ‘‘respon- sible for management or administration’’ after ‘‘em- ployee’’. Subsec. (b)(4). Pub. L. 97–35, § 948(d), substituted ‘‘spouse, child, or parent’’ for ‘‘member of the imme- diate family’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–660 effective Oct. 1, 1985, see section 815(a) of Pub. L. 99–660, set out as an Effec- tive and Termination Dates of 1986 Amendment note under section 300e–1 of this title. SUBCHAPTER XII—SAFETY OF PUBLIC WATER SYSTEMS PART A—DEFINITIONS § 300f. Definitions For purposes of this subchapter: (1) The term ‘‘primary drinking water regu- lation’’ means a regulation which— (A) applies to public water systems; (B) specifies contaminants which, in the judgment of the Administrator, may have any adverse effect on the health of persons; (C) specifies for each such contaminant ei- ther— (i) a maximum contaminant level, if, in the judgment of the Administrator, it is economically and technologically feasible to ascertain the level of such contaminant in water in public water systems, or (ii) if, in the judgment of the Adminis- trator, it is not economically or techno- logically feasible to so ascertain the level of such contaminant, each treatment tech- nique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the re- quirements of section 300g–1 of this title; and (D) contains criteria and procedures to as- sure a supply of drinking water which de- pendably complies with such maximum con- taminant levels; including accepted methods for quality control and testing procedures to insure compliance with such levels and to insure proper operation and maintenance of the system, and requirements as to (i) the minimum quality of water which may be taken into the system and (ii) siting for new facilities for public water systems. At any time after promulgation of a regula- tion referred to in this paragraph, the Admin- istrator may add equally effective quality con- trol and testing procedures by guidance pub- lished in the Federal Register. Such proce- dures shall be treated as an alternative for public water systems to the quality control and testing procedures listed in the regula- tion. (2) The term ‘‘secondary drinking water reg- ulation’’ means a regulation which applies to public water systems and which specifies the maximum contaminant levels which, in the judgment of the Administrator, are requisite to protect the public welfare. Such regulations may apply to any contaminant in drinking water (A) which may adversely affect the odor or appearance of such water and consequently may cause a substantial number of the persons served by the public water system providing such water to discontinue its use, or (B) which may otherwise adversely affect the public wel- fare. Such regulations may vary according to geographic and other circumstances. (3) The term ‘‘maximum contaminant level’’ means the maximum permissible level of a contaminant in water which is delivered to any user of a public water system. (4) PUBLIC WATER SYSTEM.— (A) IN GENERAL.—The term ‘‘public water system’’ means a system for the provision to the public of water for human consumption through pipes or other constructed convey- ances, if such system has at least fifteen service connections or regularly serves at least twenty-five individuals. Such term in- cludes (i) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used pri- marily in connection with such system, and (ii) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such sys- tem. (B) CONNECTIONS.— Page 1233 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300f (i) IN GENERAL.—For purposes of subpara- graph (A), a connection to a system that delivers water by a constructed convey- ance other than a pipe shall not be consid- ered a connection, if— (I) the water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses); (II) the Administrator or the State (in the case of a State exercising primary enforcement responsibility for public water systems) determines that alter- native water to achieve the equivalent level of public health protection pro- vided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or (III) the Administrator or the State (in the case of a State exercising primary enforcement responsibility for public water systems) determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass- through entity, or the user to achieve the equivalent level of protection pro- vided by the applicable national primary drinking water regulations. (ii) IRRIGATION DISTRICTS.—An irrigation district in existence prior to May 18, 1994, that provides primarily agricultural serv- ice through a piped water system with only incidental residential or similar use shall not be considered to be a public water system if the system or the residen- tial or similar users of the system comply with subclause (II) or (III) of clause (i). (C) TRANSITION PERIOD.—A water supplier that would be a public water system only as a result of modifications made to this para- graph by the Safe Drinking Water Act Amendments of 1996 shall not be considered a public water system for purposes of the Act until the date that is two years after August 6, 1996. If a water supplier does not serve 15 service connections (as defined in subparagraphs (A) and (B)) or 25 people at any time after the conclusion of the 2-year period, the water supplier shall not be con- sidered a public water system. (5) The term ‘‘supplier of water’’ means any person who owns or operates a public water system. (6) The term ‘‘contaminant’’ means any physical, chemical, biological, or radiological substance or matter in water. (7) The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (8) The term ‘‘Agency’’ means the Environ- mental Protection Agency. (9) The term ‘‘Council’’ means the National Drinking Water Advisory Council established under section 300j–5 of this title. (10) The term ‘‘municipality’’ means a city, town, or other public body created by or pur- suant to State law, or an Indian Tribe. (11) The term ‘‘Federal agency’’ means any department, agency, or instrumentality of the United States. (12) The term ‘‘person’’ means an individual, corporation, company, association, partner- ship, State, municipality, or Federal agency (and includes officers, employees, and agents of any corporation, company, association, State, municipality, or Federal agency). (13)(A) Except as provided in subparagraph (B), the term ‘‘State’’ includes, in addition to the several States, only the District of Colum- bia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Is- lands, American Samoa, and the Trust Terri- tory of the Pacific Islands. (B) For purposes of section 300j–12 of this title, the term ‘‘State’’ means each of the 50 States, the District of Columbia, and the Com- monwealth of Puerto Rico. (14) The term ‘‘Indian Tribe’’ means any In- dian tribe having a Federally recognized gov- erning body carrying out substantial govern- mental duties and powers over any area. For purposes of sections 300j–12, 300j–19a, and 300j–19b of this title, the term includes any Na- tive village (as defined in section 1602(c) of title 43). (15) COMMUNITY WATER SYSTEM.—The term ‘‘community water system’’ means a public water system that— (A) serves at least 15 service connections used by year-round residents of the area served by the system; or (B) regularly serves at least 25 year-round residents. (16) NONCOMMUNITY WATER SYSTEM.—The term ‘‘noncommunity water system’’ means a public water system that is not a community water system. (July 1, 1944, ch. 373, title XIV, § 1401, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1660; amended Pub. L. 94–317, title III, § 301(b)(2), June 23, 1976, 90 Stat. 707; Pub. L. 94–484, title IX, § 905(b)(1), Oct. 12, 1976, 90 Stat. 2325; Pub. L. 95–190, § 8(b), Nov. 16, 1977, 91 Stat. 1397; Pub. L. 99–339, title III, § 302(b), June 19, 1986, 100 Stat. 666; Pub. L. 104–182, title I, § 101(a), (b)(1), Aug. 6, 1996, 110 Stat. 1615, 1616; Pub. L. 114–322, title II, § 2111, Dec. 16, 2016, 130 Stat. 1729.) Editorial Notes REFERENCES IN TEXT The Safe Drinking Water Act Amendments of 1996, re- ferred to in par. (4)(C), is Pub. L. 104–182, Aug. 6, 1996, 110 Stat. 1613. For complete classification of this Act to the Code, see Short Title of 1996 Amendment note set out under section 201 of this title and Tables. AMENDMENTS 2016—Par. (14). Pub. L. 114–322 substituted ‘‘sections 300j–12, 300j–19a, and 300j–19b of this title’’ for ‘‘section 300j–12 of this title’’. 1996—Par. (1). Pub. L. 104–182, § 101(a)(1)(B), inserted at end ‘‘At any time after promulgation of a regulation referred to in this paragraph, the Administrator may add equally effective quality control and testing proce- dures by guidance published in the Federal Register. Such procedures shall be treated as an alternative for public water systems to the quality control and testing procedures listed in the regulation.’’ Page 1234 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300f Par. (1)(D). Pub. L. 104–182, § 101(a)(1)(A), inserted ‘‘ac- cepted methods for’’ before ‘‘quality control’’. Par. (4). Pub. L. 104–182, § 101(b)(1), designated existing provisions as subpar. (A), inserted par. and subpar. headings, redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, substituted ‘‘water for human consumption through pipes or other constructed conveyances’’ for ‘‘piped water for human consump- tion’’ in first sentence, and added subpars. (B) and (C). Par. (13). Pub. L. 104–182, § 101(a)(2), designated exist- ing provisions as subpar. (A), substituted ‘‘Except as provided in subparagraph (B), the term’’ for ‘‘The term’’, and added subpar. (B). Par. (14). Pub. L. 104–182, § 101(a)(3), inserted at end ‘‘For purposes of section 300j–12 of this title, the term includes any Native village (as defined in section 1602(c) of title 43).’’ Pars. (15), (16). Pub. L. 104–182, § 101(a)(4), added pars. (15) and (16). 1986—Par. (10). Pub. L. 99–339, § 302(b)(2), substituted ‘‘Indian Tribe’’ for ‘‘Indian tribal organization author- ized by law’’. Par. (14). Pub. L. 99–339, § 302(b)(1), added par. (14). 1977—Par. (12). Pub. L. 95–190 expanded definition of ‘‘person’’ to include Federal agency, and officers, em- ployees, and agents of any corporation, company, etc. 1976—Par. (13). Pub. L. 94–484 defined ‘‘State’’ to in- clude Northern Mariana Islands. Pub. L. 94–317 added par. (13). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–182, § 2(b), Aug. 6, 1996, 110 Stat. 1614, pro- vided that: ‘‘Except as otherwise specified in this Act [enacting sections 300g–7 to 300g–9, 300h–8, 300j–3c, and 300j–12 to 300j–18 of this title and section 1263a of Title 33, Navigation and Navigable Waters, amending this section, sections 300g–1 to 300g–6, 300h, 300h–5 to 300h–7, 300i, 300i–1, 300j to 300j–2, 300j–4 to 300j–8, 300j–11, and 300j–21 to 300j–25 of this title, sections 4701 and 4721 of Title 16, Conservation, and section 349 of Title 21, Food and Drugs, repealing section 13551 of this title, enacting provisions set out as notes under this section, sections 201, 300g–1, 300j–1, and 300j–12 of this title, section 1281 of Title 33, and section 45 of former Title 40, Public Buildings, Property, and Works, and amending provi- sions set out as a note under section 201 of this title] or in the amendments made by this Act, this Act and the amendments made by this Act shall take effect on the date of enactment of this Act [Aug. 6, 1996].’’ SHORT TITLE This subchapter is known as the ‘‘Safe Drinking Water Act’’, see note set out under section 201 of this title. TERMINATION OF ADVISORY COMMITTEES Pub. L. 93–641, § 6, Jan. 4, 1975, 88 Stat. 2275, set out as a note under section 217a of this title, provided that an advisory committee established pursuant to the Public Health Service Act shall terminate at such time as may be specifically prescribed by an Act of Congress enacted after Jan. 4, 1975. EFFECT OF PUBLIC LAW 104–182 ON FEDERAL WATER POLLUTION CONTROL ACT Pub. L. 104–182, § 2(c), Aug. 6, 1996, 110 Stat. 1614, pro- vided that: ‘‘Except for the provisions of section 302 [42 U.S.C. 300j–12 note] (relating to transfers of funds), nothing in this Act [see Effective Date of 1996 Amend- ment note above] or in any amendments made by this Act to title XIV of the Public Health Service Act [42 U.S.C. 300f et seq.] (commonly known as the ‘Safe Drinking Water Act’) or any other law shall be con- strued by the Administrator of the Environmental Pro- tection Agency or the courts as affecting, modifying, expanding, changing, or altering— ‘‘(1) the provisions of the Federal Water Pollution Control Act [33 U.S.C. 1251 et seq.]; ‘‘(2) the duties and responsibilities of the Adminis- trator under that Act; or ‘‘(3) the regulation or control of point or nonpoint sources of pollution discharged into waters covered by that Act. The Administrator shall identify in the agency’s an- nual budget all funding and full-time equivalents ad- ministering such title XIV separately from funding and staffing for the Federal Water Pollution Control Act.’’ CONGRESSIONAL FINDINGS Pub. L. 104–182, § 3, Aug. 6, 1996, 110 Stat. 1614, pro- vided that: ‘‘The Congress finds that— ‘‘(1) safe drinking water is essential to the protec- tion of public health; ‘‘(2) because the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) now exceed the fi- nancial and technical capacity of some public water systems, especially many small public water systems, the Federal Government needs to provide assistance to communities to help the communities meet Fed- eral drinking water requirements; ‘‘(3) the Federal Government commits to maintain- ing and improving its partnership with the States in the administration and implementation of the Safe Drinking Water Act; ‘‘(4) States play a central role in the implementa- tion of safe drinking water programs, and States need increased financial resources and appropriate flexi- bility to ensure the prompt and effective develop- ment and implementation of drinking water pro- grams; ‘‘(5) the existing process for the assessment and se- lection of additional drinking water contaminants needs to be revised and improved to ensure that there is a sound scientific basis for setting priorities in es- tablishing drinking water regulations; ‘‘(6) procedures for assessing the health effects of contaminants establishing drinking water standards should be revised to provide greater opportunity for public education and participation; ‘‘(7) in considering the appropriate level of regula- tion for contaminants in drinking water, risk assess- ment, based on sound and objective science, and ben- efit-cost analysis are important analytical tools for improving the efficiency and effectiveness of drinking water regulations to protect human health; ‘‘(8) more effective protection of public health re- quires— ‘‘(A) a Federal commitment to set priorities that will allow scarce Federal, State, and local resources to be targeted toward the drinking water problems of greatest public health concern; ‘‘(B) maximizing the value of the different and complementary strengths and responsibilities of the Federal and State governments in those States that have primary enforcement responsibility for the Safe Drinking Water Act; and ‘‘(C) prevention of drinking water contamination through well-trained system operators, water sys- tems with adequate managerial, technical, and fi- nancial capacity, and enhanced protection of source waters of public water systems; ‘‘(9) compliance with the requirements of the Safe Drinking Water Act continues to be a concern at pub- lic water systems experiencing technical and finan- cial limitations, and Federal, State, and local govern- ments need more resources and more effective au- thority to attain the objectives of the Safe Drinking Water Act; and ‘‘(10) consumers served by public water systems should be provided with information on the source of the water they are drinking and its quality and safe- ty, as well as prompt notification of any violation of drinking water regulations.’’ GAO STUDY Pub. L. 104–182, title I, § 101(b)(2), Aug. 6, 1996, 110 Stat. 1617, required the Comptroller General to study Page 1235 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 300g–1 the reliance for residential water on various nonpublic water systems and to submit a report on the results of the study to Congress within 3 years after Aug. 6, 1996. SAFE DRINKING WATER AMENDMENTS OF 1977 RESTRICTIONS ON APPROPRIATIONS FOR RESEARCH Pub. L. 95–190, § 2(e), Nov. 16, 1977, 91 Stat. 1393, pro- vided that: ‘‘Nothing in this Act [see Short Title of 1977 Amendment note set out under section 201 of this title] shall be construed to authorize the appropriation of any amount for research under title XIV of the Public Health Service Act [42 U.S.C. 300f et seq.] (relating to safe drinking water).’’ SAFE DRINKING WATER AMENDMENTS OF 1977 AS NOT AFFECTING AUTHORITY OF ADMINISTRATOR WITH RE- SPECT TO CONTAMINANTS Pub. L. 95–190, § 3(e)(2), Nov. 16, 1977, 91 Stat. 1394, pro- vided that: ‘‘Nothing in this Act [see Short Title of 1977 Amendment note set out under section 201 of this title] shall be construed to alter or affect the Administra- tor’s authority or duty under title 14 of the Public Health Service Act [42 U.S.C. 300f et seq.] to promul- gate regulations or take other action with respect to any contaminant.’’ RURAL WATER SURVEY; REPORT TO PRESIDENT AND CONGRESS; AUTHORIZATION OF APPROPRIATIONS Pub. L. 93–523, § 3, Dec. 16, 1974, 88 Stat. 1693, as amended by Pub. L. 95–190, §§ 2(d), 3(d), Nov. 16, 1977, 91 Stat. 1393, 1394, directed Administrator of Environ- mental Protection Agency, after consultation with Secretary of Agriculture and the several States, to enter into arrangements with public or private entities to conduct a survey of quantity, quality, and avail- ability of rural drinking water supplies, which survey was to include, but not be limited to, consideration of number of residents in each rural area who presently are being inadequately served by a public or private drinking water supply system, or by an individual home drinking water supply system, or who presently have limited or otherwise inadequate access to drink- ing water, or who, due to absence or inadequacy of a drinking water supply system, are exposed to an in- creased health hazard, and who have experienced inci- dents of chronic or acute illness, which may be attrib- uted to inadequacy of a drinking water supply system. Survey to be completed within eighteen months of Dec. 16, 1974, and a final report thereon submitted, not later than six months after completion of survey, to Presi- dent and to Congress. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS For provisions relating to the responsibility of the head of each Executive agency for compliance with ap- plicable pollution control standards, see Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of this title. PART B—PUBLIC WATER SYSTEMS § 300g. Coverage Subject to sections 300g–4 and 300g–5 of this title, national primary drinking water regula- tions under this part shall apply to each public water system in each State; except that such regulations shall not apply to a public water system— (1) which consists only of distribution and storage facilities (and does not have any col- lection and treatment facilities); (2) which obtains all of its water from, but is not owned or operated by, a public water sys- tem to which such regulations apply; (3) which does not sell water to any person; and (4) which is not a carrier which conveys pas- sengers in interstate commerce. (July 1, 1944, ch. 373, title XIV, § 1411, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1662.) § 300g–1. National drinking water regulations (a) National primary drinking water regulations; maximum contaminant level goals; simulta- neous publication of regulations and goals (1) Effective on June 19, 1986, each national in- terim or revised primary drinking water regula- tion promulgated under this section before June 19, 1986, shall be deemed to be a national pri- mary drinking water regulation under sub- section (b). No such regulation shall be required to comply with the standards set forth in sub- section (b)(4) unless such regulation is amended to establish a different maximum contaminant level after June 19, 1986. (2) After June 19, 1986, each recommended maximum contaminant level published before June 19, 1986, shall be treated as a maximum contaminant level goal. (3) Whenever a national primary drinking water regulation is proposed under subsection (b) for any contaminant, the maximum contami- nant level goal for such contaminant shall be proposed simultaneously. Whenever a national primary drinking water regulation is promul- gated under subsection (b) for any contaminant, the maximum contaminant level goal for such contaminant shall be published simultaneously. (4) Paragraph (3) shall not apply to any rec- ommended maximum contaminant level pub- lished before June 19, 1986. (b) Standards (1) IDENTIFICATION OF CONTAMINANTS FOR LIST- ING.— (A) GENERAL AUTHORITY.—The Administrator shall, in accordance with the procedures estab- lished by this subsection, publish a maximum contaminant level goal and promulgate a na- tional primary drinking water regulation for a contaminant (other than a contaminant re- ferred to in paragraph (2) for which a national primary drinking water regulation has been promulgated as of August 6, 1996) if the Ad- ministrator determines that— (i) the contaminant may have an adverse effect on the health of persons; (ii) the contaminant is known to occur or there is a substantial likelihood that the contaminant will occur in public water sys- tems with a frequency and at levels of public health concern; and (iii) in the sole judgment of the Adminis- trator, regulation of such contaminant pre- sents a meaningful opportunity for health risk reduction for persons served by public water systems. (B) REGULATION OF UNREGULATED CONTAMI- NANTS.—