90 STAT. 2840 Study. 42 USC 6981 note. Report to congressional committees. Llangollen Landfill, Del., leachate control research program. 42 USC 6981 Cooperation with 42 USC 6901 note. PUBLIC LAW 94-580-OCT. 21, 1976 SOLID WASTE CLEANUP ON FEDERAL LANDS IN ALASKA SEC. 3. (a) The President shall direct such executive departments or agencies as he may deem appropriate to conduct a study, in consultation with representatives of the State of Alaska and the appropriate Native organizations, to determine the best overall procedures for removing existing solid waste on Federal lands in Alaska. Such study shall include, but shall not be limited to, a consideration of(1) alternative procedures for removing the solid waste in an environmentally safe manner, and (2) the estimated costs of removing the solid waste. (b) The President shall submit a report of the results together with appropriate supporting data and such recommendations as he deems desirable to the Committee on Public Works of the Senate and to the Committee on Interstate and Foreign Commerce of the House of Representatives not later than one year after the enactment of the Solid Waste Utilization Act of 1976. The President shall also submit, within six months after the study has been submitted to the committees, recommended administrative actions, procedures, and needed legislation to implement such procedures and the recommendations of the study. SEC. 4. (a) In order to demonstrate effective means of dealing with contamination of public water supplies by leachate from abandoned or other landfills, the Administrator of the Environmental Protection Agency is authorized to provide technical and financial assistance for a research program to control leachate from the Llangollen Landfill in New Castle County, Delaware. (b) The research program authorized by this section shall be designed by the New Castle County area wide waste treatment management program, in cooperation with the Environmental Protection Agency, to develop methods for controlling leachate contamination from abandoned and other landfills that may be applied at the Llangollen Landfill and at other landfills throughout the Nation. Such research program shall investigate all alternative solutions or corrective actions, including (1) hydrogeologic isolation of the landfill combined with the collection and treatment of leachate; (2) excavation of the refuse, followed by some type of incineration; (3) excavation and transportation of the refuse to another landfill; and (4) collection and treatment of contaminated leachate or ground water. Such research program shall consider the economic, social, and environmental consequences of each such alternative. (c) The Administrator of the Environmental Protection Agency shall make available personnel of the Agency, including those of the Solid and Hazardous Waste Research Laboratory (Cincinnati, Ohio), and shall arrange for other Federal personnel to be made available, to provide technical assistance and aid in such research. The Administrator may provide up to $250,000, of the sums appropriated under the Solid Waste Disposal Act, to the New Castle County area wide waste treatment management program to conduct such research, including obtaining consultant services. PUBLIC LAW 94-580-OCT. 21, 1976 90 STAT. 2841 (d) In order to prevent further damage to public water supplies Counter-pumping during the period of this study, the Administrator of the Environ- program mental Protection Agency shall provide up to $200,000 in each of fiscal years 1977 and 1978, of the sums appropriated under the Solid Waste Disposal Act for the operating costs of a counter-pumping program 42 USC 6901 to contain the leachate from the Llangollen Landfill. Approved October 21, 1976. note. LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1491 accompanying H.R. 14496 (Comm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-869 (Comm. on Public Works). CONGRESSIONAL RECORD, Vol. 122 (1976): June 30, considered and passed Senate. Sept. 27, considered and passed House, amended, in lieu of H.R. 14496. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 43: Safe Drinking Water Act SHORT TITLE SECTION 1. This Act may be cited as the "Safe Drinking Water Act". PUBLIC WATER SYSTEMS SEC. 2. (a) The Public Health Service Act is amended by inserting after title XIII the following new title: TITLE XIV-SAFETY OF PUBLIC WATER SYSTEMS1 PART A-DEFINITIONS DEFINITIONS SEC. 1401. For purposes of this title: (1) The term "primary drinking water regulation" 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 either (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 Administrator, it is not economically or technologically feasible to so ascertain the level of such contaminant, each treatment technique known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 1412; and (D) contains criteria and procedures to assure a supply of drinking water which dependably complies with such maximum contaminant levels; including 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. (2) The term "secondary drinking water regulation" 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 1Includes the Safe Drinking Water Act (42 U.S.C. 300f et seq.) P.L. 93-523, Dec. 16, 1974 and the Safe Drinking Water Amendments of 1977, P.L. 95-190, Nov. 16, 1977. 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 welfare. 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) The term "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 at least twenty-five individuals. Such term includes (1) any collection, treatment, storage, and distribution facilities. under control of the operator of such system and used primarily in connection with such system, and (B) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such 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 Administrator of the Environmental Protection Agency. (8) The term "Agency" means the Environmental Protection Agency. (9) The term "Council" means the National Drinking Water Advisory Council established under section 1446. (10) The term "municipality" means a city, town, or other public body created by or pursuant to State law, or an Indian tribal organization authorized by law. (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, partnership, State, municipality, or Federal agency (and includes officers, employees, and agents of any corporation, company, association, State, municipality, or Federal agency). (13) The term "State" includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and the Trust Territory of the Pacific Islands. PART B-PUBLIC WATER SYSTEMS COVERAGE SEC. 1411. Subject to sections 1415 and 1416, national primary drinking water regulations 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 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. NATIONAL DRINKING WATER REGULATIONS SEC. 1412. (a)(1) The Administrator shall publish proposed national interim primary drinking water regulations within 90 days after the date of enactment of this title. Within 180 days after such date of enactment, he shall promulgate such regulations with such modifications as he deems appropriate. Regulations under this paragraph may be amended from time to time. (2) National interim primary drinking water regulations promulgated under paragraph (1) shall protect health to the extent feasible, using technology, treatment techniques, and other means, which the Administrator determines are generally available (taking costs into consideration) on the date of enactment of this title. (3) The interim primary regulations first promulgated under paragraph (1) shall take effect eighteen months after the date of their promulgation. (b)(1)(A) Within 10 days of the date of the report on the study conducted pursuant to subsection (e) is submitted to Congress, the Administrator shall publish in the Federal Register, and provide opportunity for comment on, the— (i) proposals in the report for recommended maximum contaminant levels for national primary drinking water regulations, and (ii) list in the report of contaminants the levels of which in drinking water cannot be determined but which may have an adverse effect on the health of persons. (B) Within 90 days after the date the Administrator makes the publication required by subparagraph (A), he shall by rule establish recommended maximum contaminant levels for each contaminant which, in his judgment based on the report on the study conducted pursuant to subsection (e), may have any adverse effect on the health of persons. Each such recommended maximum contaminant level shall be set at a level at which, in the Administrator's judgment based on such report, no known or anticipated adverse effects on the health of persons occur and which allows an adequate margin of safety. In addition, he shall, on the basis of the report on the study conducted pursuant to subsection (e), list in the rules under this subparagraph any contaminant the level of which cannot be accurately enough measured in drinking water to establish a recommended maximum contaminant level and which may have any adverse effect on the health of persons. Based on information available to him, the Administrator may by rule change recommended levels established under this subparagraph or change such list. (2) On the date the Administrator establishes pursuant to paragraph (1)(B) recommended maximum contaminant levels he shall publish in the Federal Register proposed revised national primary drinking water regulations (meeting the requirements of paragraph (3)). Within 180 days after the date of such proposed regulations, he shall promulgate such revised drinking water regulations with such modifications as he deems appropriate. |