comply with the requirement of any schedule prescribed pursuant to a variance or exemption or fails to perform any monitoring required pursuant to Section 1445(a) of the Act, the supplier of water shall give notice of such failure or grant to the persons served by the system. The form and manner of such notice shall be prescribed by the State, and shall insure that the public using the system is adequately informed of the failure or grant.

(e) Notices given pursuant to this section shall be written in a manner reasonably designed to inform fully the users of the system. The notice shall be conspicuous and shall not use undulytechnical language, unduly small print or other methods which would frustrate the purpose of the notice. The notice shall disclose all material facts regarding the subject including the nature of the problem and, when appropriate, a clear statement that a primary drinking water regulation has been violated and any preventive measures that should be taken by the public. Where appropriate, or where designated by the State, bilingual notice shall be given. Notices may include a balanced explanation of the significance or seriousness to the public health of the subject of the notice, a fair explanation of steps taken by the system to correct any problem and the results of any additional sampling.

(f) Notice to the public required by this section may be given by the State on behalf of the supplier of water.

(g) In any instance in which notification by mail is required by paragraph (a) of this section but notification by newspaper or to radio or television stations is not required by paragraph (b) of this section, the State may order the supplier of water to provide notification by newspaper and to radio and television stations when circumstances make more immediate or broader notice appropriate to protect the public health.

or at a convenient location near its premises the following records:

(a) Records of bacteriological analyses made pursuant to this part shall be kept for not less than 5 years. Records of chemical analyses made pursuant to this part shall be kept for not less than 10 years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included:

(1) The date, place, and time of sampling, and the name of the person who collected the sample;

(2) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or process water sample or other special purpose sample;

(3) Date of analysis;

(4) Laboratory and person responsible for performing analysis;

(5) The analytical technique/ method used; and

(6) The results of the analysis.

(b) Records of action taken by the system to correct violations of primary drinking water regulations shall be kept for a period not less than 3 years after the last action taken with respect to the particular violation involved.

(c) Copies of any written reports, summaries or communications relating to sanitary surveys of the system conducted by the system itself, by a private consultant, or by any local, State or Federal agency, shall be kept for a period not less than 10 years after completion of the sanitary survey involved.

(d) Records concerning a variance or exemption granted to the system shall be kept for a period ending not less than 5 years following the expiration of such variance or exemption.

Subpart E-Special Monitoring Regulations for Organic Chemicals

$ 141.33 Record maintenance.

Any owner or operator of a public water system subject to the provisions of this part shall retain on its premises

$ 141.40 Special monitoring for organic

chemicals. (a) The Administrator may designate, by publication in the FEDERAL REGISTER, public water systems which are required to take water samples, provide information, and in appropri

Sec.

142.11 Request for Determination of Primary Enforcement Responsibility.

142.12 Determination of Primary Enforcement Responsibility.

142.13

Public Hearing.

142.14 Records kept by States. 142.15 Reports by States.

142.16 State Public Notification Require

ments.

Subpart C-Review of State-Issued Variances and Exemptions

142.20 State-Issued Variances and Exemptions.

142.21 State Consideration of a Variance or Exemption Request.

142.22 Review of State Variances, Exemptions and Schedules. 142.23 Notice to State.

142.24

Administrator's Rescission.

Subpart D-Federal Enforcement

142.30 Failure by State to Assure Enforcement.

142.31 Federal Action.

142.32 Petition for Public Hearing. 142.33 Public Hearing.

142.34 Entry and Inspection of Public Water Systems.

Subpart E-Variances Issued by the

Administrator

142.40 142.41 142.42 quest.

Requirements for a Variance.

Variance Request.

Consideration of a Variance Re

142.43 Disposition of a Variance Request. 142.44 Public Hearings on Variances and Schedules.

142.45 Action After Hearing. 142.46 Alternative Treatment Techniques.

Subpart F-Exemptions Issued by the Administrator

142.50
142.51

Requirements for an Exemption.
Exemption Request.

142.52 Consideration of an Exemption Re

quest.

142.53 Disposition of an Exemption Re

quest.

142.54 Public Hearings

on

Exemption

Subpart A-General Provisions

§ 142.1 Applicability.

This part sets forth, pursuant to Sections 1413 through 1416, 1445, and 1450 of the Public Health Service Act, as amended by the Safe Drinking Water Act, Pub. L. 93-523, regulations for the implementation and enforcement of the national primary drinking water regulations contained in Part 141 of this chapter.

§ 142.2 Definitions.

As used in this part, and except as otherwise specifically provided:

(a) “Act" means the Public Health Service Act.

(b) “Administrator" means the Administrator of the United States Environmental Protection Agency or his authorized representative.

(c) “Agency” means the United States Environmental Protection Agency.

(d) “Contaminant” means any physical, chemical, biological, or radiological substance or matter in water.

(e) "Federal agency" means any department, agency, or instrumentality of the United States.

(f) “Maximum contaminant level" means the maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of a public water system; except in the case of turbidity where the maximum permissible level is measured at the point of entry to the distribution system. Contaminants added to the water under circumstances controlled by the user, except for those resulting from corrosion of piping and plumbing caused by water quality are excluded from this definition.

(g) "Municipality” means a city, town or other public body created by or pursuant to State law, or an Indian tribal organization authorized by law.

(h) "National primary drinking water regulation" means any primary drinking water regulation contained in Part 141 of this chapter.

(i) "Person" means an individual, corporation, company, association, partnership, State, municipality or Federal agency.

(j) “Primary enforcement responsibility” means the primary responsibility for administration and enforcement of primary drinking water regulations and related requirements applicable to public water systems within a State.

(k) "Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in corinection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

(1) “Sanitary survey” means an onsite review of the water source, facilities, equipment, operation and maintenance of a public water system for the purpose of evaluating the adequacy of such source, facilities, equipment, operation and maintenance for producing and distributing safe drinking water.

(m) “State" means one of the States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or the Trust Territory of the Pacific Islands.

(n) “State primary drinking water regulation" means a drinking water regulation of a State which is comparable to a national primary drinking water regulation.

(0) “Supplier of water" means any person who owns or operates a public water system.

(p) “Treatment technique requirement” means a requirement of the national primary nking water regulations which specifies for a contami. nant a specific treatment technique(s) known to the Administrator which leads to a reduction in the level of such contaminant sufficient to comply with the requirements of Part 141 of this chapter.

Subpart B-Primary Enforcement

Responsibility

§ 142.3 Scope.

(a) Except where otherwise provided, this part applies to each public water system in each State; except that this part shall not apply to a public water system which meets all of the following conditions:

(1) Which consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(2) Which obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;

(3) Which does not sell water to any person; and

(4) Which is not a carrier which conveys passengers in interstate commerce.

(b) In order to qualify for primary enforcement responsibility, a State's program for enforcement of primary drinking water regulations must apply to all other public water systems in the State, except for:

(1) Public water systems on carriers which convey passengers in interstate commerce;

(2) Public water systems on Indian land with respect to which the State does not have the necessary jurisdiction or its jurisdiction is in question;

§ 142.10 Requirements for a Determina

tion of Primary Enforcement Responsi

bility. A State has primary enforcement responsibility for public water systems in the State during any period for which the Administrator determines, based upon a submission made pursuant to § 142.11, that such State, pursuant to appropriate State legal authority: (a) Has adopted State primary drinking water regulations which (1) in case of the period beginning on the date the national interim primary drinking water regulations are promulgated in Part 141 of this chapter and ending on the date such regulations take effect are no less stringent than such regulations and (2) in the case of the period after such effective date are no less stringent than the interim and revised national primary drinking water regulations in effect under such part;

(b) Has adopted and is implementing adequate procedures for the enforcement of such State regulations, such procedures to include:

(1) Maintenance of an inventory of public water systems.

(2) A systematic program for conducting sanitary surveys of public water systems in the State, with priority given to sanitary surveys of public water systems not in compliance with State primary drinking water regulations.

(3) The establishment and maintenance of a State program for the certification of laboratories conducting analytical measurements of drinking water contaminants pursuant to the requirements of the State primary drinking water regulations including the designation by the State of a laboratory officer, or officers, certified by the Administrator, as the official(s) responsible for the State's certification program. The requirements of this paragraph may be waived by the Administrator for any State where all analytical measurements required by the State's primary drinking water regulations are conducted at laboratories operated by the State and certi

or

(3) Public water systems owned or maintained by a Federal agency where the Administrator has waived compliance with national primary drinking water regulations pursuant to Section 1447(b) of the Act.

§ 142.4 State and Local Authority.

Nothing in this part shall diminish any authority of a State or political subdivision to adopt or enforce any law or regulation respecting drinking water regulations or public water systems, but no such law or regulation shall relieve any person of any requirements otherwise applicable under this part.

as

fied by the Agency. Until such time as the Agency establishes a National quality assurance program for laboratory certification the State shall maintain an interim program for the purpose of approving those laboratories from which the required analytical measurements will be acceptable.

(4) Assurance of the availability to the State of laboratory facilities certified by the Administrator and capable of performing analytical measurements of all contaminants specified in the State primary drinking water reg. ulations. Until such time the Agency establishes a National quality assurance program for laboratory certification the Administrator will approve such State laboratories on an interim basis.

(5) The establishment and maintenance of an activity to assure that the design and construction of new or substantially modified public water system facilities will be capable of compliance with the State primary drinking water regulations.

(6) Statutory or regulatory enforcement authority adequate to compel compliance with the State primary drinking water regulations in appropriate cases, such authority to include:

(i) Authority to apply State primary drinking water regulations to all public water systems in the State covered by the national primary drinking water regulations, except for interstate carrier conveyances and systems on Indian land with respect to which the State does not have the necessary jurisdiction or its jurisdiction is in question.

(ii) Authority to sue in courts of competent jurisdiction to enjoin any threatened or continuing violation of the State primary drinking water regulations.

(iii) Right of entry and inspection of public water systems, including the right to take water samples, whether or not the State has evidence that the system is in violation of an applicable legal requirement.

(iv) Authority to require suppliers of water to keep appropriate records and make appropriate reports to the State.

(v) Authority to require public water systems to give public notice of viola

tions of State primary drinking water regulations to the extent set forth in § 142.16, and authority to order additional notification when circumstances make more immediate or broader notice appropriate to protect the public health.

(vi) Authority to assess civil or criminal penalties for violation of the State's primary drinking water regulations and public notification requirements, including the authority to assess daily penalties or multiple penalties when a violation continues;

(c) Has established and will maintain record keeping and reporting of its activities under paragraphs (a), (b) and (d) in compliance with $8 142.14 and 142.15;

(d) If it permits variances or exemptions, or both, from the requirements of the State primary drinking water regulations, it shall do so under conditions and in a manner which is no less stringent than the conditions under which, and the manner in which, variances and exemptions may be granted under Sections 1415 and 1416 of the Act (regulations governing the issuance of variances and exemptions by the Administrator in States that do not have primary enforcement responsibility are set forth in Subparts E and F. States with primary enforcement responsibility may adopt procedures different from those set forth in Subparts E and F: Provided, That the State procedures meet the requirements of this paragraph); and

(e) Has adopted and can implement an adequate plan for the provision of safe drinking water under emergency circumstances.

[41 FR 2918, Jan. 20, 1976, as amended at 43 FR 5373, Feb. 8, 1978]

$ 142.11 Request for Determination of Pri

mary Enforcement Responsibility. A State may apply to the Administrator for a determination that the State has primary enforcement responsibility for public water systems in the State pursuant to Section 1413 of the Act. The application shall be as concise as possible and describe the State's compliance with each of the five requirements set forth in § 142.10, and include the following information: