Pub.L. 104-183 To amend the Developmental Disabilities Assistance and Bill of Rights Act to extend the Act, and for other purposes. <> ...

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Public Law 104-182
104th Congress

                                 An Act


 
  To reauthorize and amend title XIV of the Public Health Service Act 
   (commonly known as the ``Safe Drinking Water Act''), and for other 
             purposes. <<NOTE:  Aug. 6, 1996 -  [S. 1316]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Safe Drinking Water Act 
Amendments of 1996. Inter-governmental relations. Environmental 
protection.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) <<NOTE: 42 USC 201 note.>> Short Title.--This Act may be cited 
as the ``Safe Drinking Water Act Amendments of 1996''.

    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. References; effective date; disclaimer.
Sec. 3. Findings.

             TITLE I--AMENDMENTS TO SAFE DRINKING WATER ACT

Sec. 101. Definitions.
Sec. 102. General authority.
Sec. 103. Risk assessment, management, and communication.
Sec. 104. Standard-setting.
Sec. 105. Treatment technologies for small systems.
Sec. 106. Limited alternative to filtration.
Sec. 107. Ground water disinfection.
Sec. 108. Effective date for regulations.
Sec. 109. Arsenic, sulfate, and radon.
Sec. 110. Recycling of filter backwash.
Sec. 111. Technology and treatment techniques.
Sec. 112. State primacy.
Sec. 113. Enforcement; judicial review.
Sec. 114. Public notification.
Sec. 115. Variances.
Sec. 116. Small systems variances.
Sec. 117. Exemptions.
Sec. 118. Lead plumbing and pipes.
Sec. 119. Capacity development.
Sec. 120. Authorization of appropriations for certain ground water 
           programs.
Sec. 121. Amendments to section 1442.
Sec. 122. Technical assistance.
Sec. 123. Operator certification.
Sec. 124. Public water system supervision program.
Sec. 125. Monitoring and information gathering.
Sec. 126. Occurrence data base.
Sec. 127. Drinking Water Advisory Council.
Sec. 128. New York City watershed protection program.
Sec. 129. Federal agencies.
Sec. 130. State revolving loan funds.
Sec. 131. State ground water protection grants.
Sec. 132. Source water assessment.
Sec. 133. Source water petition program.
Sec. 134. Water conservation plan.
Sec. 135. Drinking water assistance to colonias.
Sec. 136. Estrogenic substances screening program.
Sec. 137. Drinking water studies.

                    TITLE II--DRINKING WATER RESEARCH

Sec. 201. Drinking water research authorization.

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Sec. 202. Scientific research review.
Sec. 203. National center for ground water research.

                   TITLE III--MISCELLANEOUS PROVISIONS

Sec. 301. Water return flows.
Sec. 302  Transfer of funds.
Sec. 303. Grants to Alaska to improve sanitation in rural and Native 
           villages.
Sec. 304. Sense of the Congress.
Sec. 305. Bottled drinking water standards.
Sec. 306. Washington Aqueduct.
Sec. 307. Wastewater assistance to colonias.
Sec. 308. Prevention and control of zebra mussel infestation of Lake 
           Champlain.

 TITLE IV--ADDITIONAL ASSISTANCE FOR WATER INFRASTRUCTURE AND WATERSHEDS

Sec. 401. National program.

                      TITLE V--CLERICAL AMENDMENTS

Sec. 501. Clerical amendments.

SEC. 2. REFERENCES; EFFECTIVE DATE; DISCLAIMER.

    (a) References to Safe Drinking Water Act.--Except as otherwise 
expressly provided, whenever in this Act an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to that section 
or other provision of title XIV of the Public Health Service Act 
(commonly known as the ``Safe Drinking Water Act'') (42 U.S.C. 300f et 
seq.).
    (b) <<NOTE: 42 USC 300f note.>> Effective Date.--Except as otherwise 
specified in this Act 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.

    (c) <<NOTE: 42 USC 300f note.>> Disclaimer.--Except for the 
provisions of section 302 (relating to transfers of funds), nothing in 
this Act or in any amendments made by this Act to title XIV of the 
Public Health Service Act (commonly known as the ``Safe Drinking Water 
Act'') or any other law shall be construed by the Administrator of the 
Environmental Protection Agency or the courts as affecting, modifying, 
expanding, changing, or altering--
            (1) the provisions of the Federal Water Pollution Control 
        Act;
            (2) the duties and responsibilities of the Administrator 
        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 annual budget all 
funding and full-time equivalents administering such title XIV 
separately from funding and staffing for the Federal Water Pollution 
Control Act.

SEC. 3. <<NOTE: 42 USC 300f note.>> FINDINGS.

    The Congress finds that--
            (1) safe drinking water is essential to the protection of 
        public health;
            (2) because the requirements of the Safe Drinking Water Act 
        (42 U.S.C. 300f et seq.) now exceed the financial 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 Federal 
        drinking water requirements;

[[Page 110 STAT. 1615]]

            (3) the Federal Government commits to maintaining 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 implementation of safe 
        drinking water programs, and States need increased financial 
        resources and appropriate flexibility to ensure the prompt and 
        effective development and implementation of drinking water 
        programs;
            (5) the existing process for the assessment and selection of 
        additional drinking water contaminants needs to be revised and 
        improved to ensure that there is a sound scientific basis for 
        setting priorities in establishing 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 regulation for 
        contaminants in drinking water, risk assessment, based on sound 
        and objective science, and benefit-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 requires--
                    (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 systems 
                with adequate managerial, technical, and financial 
                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 public water systems 
        experiencing technical and financial limitations, and Federal, 
        State, and local governments need more resources and more 
        effective authority 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 safety, as well as prompt 
        notification of any violation of drinking water regulations.

             TITLE I--AMENDMENTS TO SAFE DRINKING WATER ACT

SEC. 101. DEFINITIONS.

    (a) In General.--Section 1401 (42 U.S.C. 300f) is amended as 
follows:
            (1) In paragraph (1)--
                    (A) in subparagraph (D), by inserting ``accepted 
                methods for'' before ``quality control''; and

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                    (B) <<NOTE: Federal Register, publication.>> by 
                adding at the end the following: ``At any time after 
                promulgation of a regulation referred to in this 
                paragraph, the Administrator may add equally effective 
                quality control and testing procedures 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.''.
            (2) In paragraph (13)--
                    (A) by striking ``The'' and inserting ``(A) Except 
                as provided in subparagraph (B), the''; and
                    (B) by adding at the end the following:
            ``(B) For purposes of section 1452, the term `State' means 
        each of the 50 States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.''.
            (3) In paragraph (14), by adding at the end the following: 
        ``For purposes of section 1452, the term includes any Native 
        village (as defined in section 3(c) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602(c))).''.
            (4) By adding at the end the following:
            ``(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.''.

    (b) Public Water System.--
            (1) In general.--Section 1401(4) (42 U.S.C. 300f(4)) is 
        amended as follows:
                    (A) In the first sentence, by striking ``piped water 
                for human consumption'' and inserting ``water for human 
                consumption through pipes or other constructed 
                conveyances''.
                    (B) By redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively.
                    (C) By striking ``(4) The'' and inserting the 
                following:
            ``(4) Public water system.--
                    ``(A) In general.--The''; and
                    (D) by adding at the end the following:
                    ``(B) Connections.--
                          ``(i) In general.--For purposes of 
                      subparagraph (A), a connection to a system that 
                      delivers water by a constructed conveyance other 
                      than a pipe shall not be considered 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 
                                alternative water to achieve the 
                                equivalent level of public health 
                                protection provided by the applicable 
                                national primary drinking water 
                                regulation is provided for residential 
                                or similar uses for drinking and 
                                cooking; or

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                                    ``(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 provided 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 service 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 
                      residential or similar users of the system comply 

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