42 U.S.C. § 300j–14: Source water petition…

Summary

States may set up a program that lets owners or operators of community water systems, or local governments, ask the State for help forming a voluntary, incentive-based partnership to protect drinking water. The petition must ask the State to help find the causes of the pollution, get technical or money help, and write long-term, voluntary recommendations to keep source water safe. Petitions must show the area of the water source, list the likely causes of the contaminants and any missing information, describe outreach to people who would be affected and whose help is needed, note existing voluntary actions, and say what help the partnership wants. Only certain contaminants may be covered: pathogens covered by a national drinking-water rule, or other contaminants tied to a national rule that are found at the intake or in system facilities above, or not reliably below, the maximum contaminant level. A county acting for an unincorporated area may submit a petition, but that agreement only covers this program. The State must give public notice and decide to approve or deny a petition within 120 days. If approved, the State’s notice must explain what help it will give, what federal and state programs may be used (for example, water loans, agricultural programs, well protection, pesticide or groundwater plans, and abandoned well work), and how it will coordinate programs. If denied, the State must explain why in writing; the petition can be sent again if new information, changed conditions, or different assistance are involved. The federal Administrator may give grants covering up to 50% of the State program’s admin costs if the State has an approved plan that follows federal guidance (which the Administrator was to publish within one year after August 6, 1996). Congress authorized $5,000,000 for each fiscal year 2020 through 2026; States with approved plans get a fair share. The program does not create new regulatory power or limit current authority and does not stop local voluntary partnerships.

Title 42, §300j–14

The Public Health and Welfare, Source: USLM XML via OLRC

(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 (including a county that is designated by the State to act on behalf of an unincorporated area within that county, with the agreement of that unincorporated area), 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).

(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 (including a county that is designated by the State to act on behalf of an unincorporated area within that county) 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.

(5)Savings provision

Unless otherwise provided within the agreement, an agreement between an unincorporated area and a county for the county to submit a petition under paragraph (1)(A) on behalf of the unincorporated area shall not authorize the county to act on behalf of the unincorporated area in any matter not within a program under this section.

(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), 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). 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), 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). The Administrator shall approve the plan if the plan is consistent with the guidance published under subsection (d).

(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);

(B)recommend procedures for the submission of petitions developed under subsection (a);

(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).

(e)Authorization of appropriations

There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2020 through 2026. Each State with a plan for a program approved under subsection (b) shall receive an equitable portion of the funds available for any fiscal year.

(f)Statutory construction

Nothing in this section

(1)

(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.

Notes & Related Subsidiaries

Editorial Notes

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, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. Title VI of the Act is classified generally to subchapter VI (§ 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. Chapter 2 of subtitle D of title XII of the Act means chapter 2 of subtitle D of title XII of Pub. L. 99–198, as added by Pub. L. 101–624, title XIV, § 1439, Nov. 28, 1990, 104 Stat. 3590, which was classified generally to part II (§ 3838 et seq.) of subchapter IV of chapter 58 of Title 16, Conservation, prior to repeal by Pub. L. 104–127, title III, § 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.

Amendments

2021—Subsec. (a)(1)(A). Pub. L. 117–58, § 50103(1)(A), substituted “political subdivision of a State (including a county that is designated by the State to act on behalf of an unincorporated area within that county, with the agreement of that unincorporated area),” for “political subdivision of a State,” in introductory provisions. Subsec. (a)(4)(D)(i). Pub. L. 117–58, § 50103(1)(B), inserted “(including a county that is designated by the State to act on behalf of an unincorporated area within that county)” after “of the State”. Subsec. (a)(5). Pub. L. 117–58, § 50103(1)(C), added par. (5). Subsec. (e). Pub. L. 117–58, § 50103(2), substituted “2026” for “2021”. 2018—Subsec. (e). Pub. L. 115–270 substituted “2020 through 2021” for “1997 through 2003”.

§300j–14 Source Water Petition Program

Summary

Title 42, §300j–14

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Amendments

Citations & Metadata