A State which has primary enforcement responsibility may exempt any public water system within the State's jurisdiction from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable national primary drinking water regulation upon a finding that-
Before a schedule prescribed by a State pursuant to this subsection may take effect, the State shall provide notice and opportunity for a public hearing on the schedule. A notice given pursuant to the preceding sentence may cover the prescribing of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice.
the system is taking all practicable steps to meet the standard.
Each State which grants an exemption under subsection (a) shall promptly notify the Administrator of the granting of such exemption. Such notification shall contain the reasons for the exemption (including the basis for the finding required by subsection (a)(3) before the exemption may be granted) and document the need for the exemption.
For purposes of this section, the term "treatment technique requirement" means a requirement in a national primary drinking water regulation which specifies for a contaminant (in accordance with section 300f(1)(C)(ii) of this title) 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 300g-1(b) of this title.
If a State does not have primary enforcement responsibility for public water systems, the Administrator shall have the same authority to exempt public water systems in such State from maximum contaminant level requirements and treatment technique requirements under the same conditions and in the same manner as the State would be authorized to grant exemptions under this section if it had primary enforcement responsibility.
If an application for an exemption under this section is made, the State receiving the application or the Administrator, as the case may be, shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission.
1So in original. The semicolon probably should be a comma.
42 U.S.C. § 300g-5
EDITORIAL NOTES
AMENDMENTS1996-Subsec. (a)(1). Pub. L. 104-182, §117(a)(1), inserted ",including qualification of the public water system as a system serving a disadvantaged community pursuant to section 300j-12(d) of this title" after "(which may include economic factors" and "or to implement measures to develop an alternative source of water supply," after "treatment technique requirement,".Subsec. (a)(4). Pub. L. 104-182, §117(a)(2), added par. (4).Subsec. (b)(1)(A). Pub. L. 104-182, §117(a)(3), substituted "(including increments of progress or measures to develop an alternative source of water supply)" for "(including increments of progress)" and "requirement or treatment" for "requirement and treatment".Subsec. (b)(2)(A). Pub. L. 104-182, §117(a)(4)(A), substituted "not later than 3 years after the otherwise applicable compliance date established in section 300g-1(b)(10) of this title." for "(except as provided in subparagraph (B))-"(i) in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by the national primary drinking water regulations promulgated under section 300g-1(a) of this title, not later than 12 months after June 19, 1986; and"(ii) in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by national primary drinking water regulations, other than a regulation referred to in section 300g-1(a) of this title, 12 months after the date of the issuance of the exemption."Subsec. (b)(2)(B). Pub. L. 104-182, §117(a)(4)(A), substituted "No exemption shall be granted unless" for "The final date for compliance provided in any schedule in the case of any exemption may be extended by the State (in the case of a State which has primary enforcement responsibility) or by the Administrator (in any other case) for a period not to exceed 3 years after the date of the issuance of the exemption if" in introductory provisions. Subsec. (b)(2)(B)(i). Pub. L. 104-182, §117(a)(4)(B), substituted "prior to the date established pursuant to section 300g-1(b)(10) of this title" for "within the period of such exemption".Subsec. (b)(2)(B)(ii). Pub. L. 104-182, §117(a)(4)(C), inserted "or assistance pursuant to section 300j-12 of this title, or any other Federal or State program is reasonably likely to be available within the period of the exemption" after "such financial assistance".Subsec. (b)(2)(C). Pub. L. 104-182, §117(a)(4)(D), substituted "a population of 3,300" for "500 service connections" and inserted ",but not to exceed a total of 6 years," after "for one or more additional 2-year periods". Subsec. (b)(2)(D). Pub. L. 104-182, §117(a)(4)(E), added subpar. (D). 1986-Subsec. (b)(1). Pub. L. 99-339, §105(a)(1), substituted "at the time" for "within one year of the date". Subsec. (b)(2)(A)(i). Pub. L. 99-339, §105(a)(2), struck out "interim" before "national primary" and substituted "not later than 12 months after June 19, 1986" for "not later than January 1, 1984".Subsec. (b)(2)(A)(ii). Pub. L. 99-339, §105(a)(3), struck out "revised" before "national primary" and substituted "other than a regulation referred to in section 300g-1(a) of this title, 12 months after the date of the issuance of the exemption" for "not later than seven years after the date such requirement takes effect". Subsec. (b)(2)(B). Pub. L. 99-339, §105(a)(4), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "Notwithstanding clauses (i) and (ii) of subparagraph (A) of this paragraph, the final date for compliance prescribed in a schedule prescribed pursuant to this subsection for an exemption granted for a public water system which (as determined by the State granting the exemption) has entered into an enforceable agreement to become a part of a regional public water system shall- "(i) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by interim national primary drinking water regulations, be not later than January 1, 1986; and"(ii) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by revised national primary drinking water regulations, be not later than nine years after such requirement takes effect."Subsec. (b)(2)(C). Pub. L. 99-339, §105(a)(4), added subpar. (C).Subsec. (e). Pub. L. 99-339, §101(c)(4), substituted "300g-1(b)" for "300g-1(b)(3)". 1980-Subsec. (a)(2). Pub. L. 96-502, §4(b), substituted "treatment technique requirement, or, for a system that was not in operation by that date, only if no reasonable alternative source of drinking water is available to such new system, and" for "treatment technique requirement, and".Subsec. (b)(2)(A)(i). Pub. L. 96-502, §1, substituted "January 1, 1984" for "January 1, 1981". Subsec. (b)(2)(B)(i). Pub. L. 96-502, §1, substituted "January 1, 1986" for "January 1, 1983".1977-Subsec. (b)(1). Pub. L. 95-190 substituted "contaminant" for "containment" wherever appearing.
- Administrator
- The term "Administrator" means the Administrator of General Services.
- Service
- The term "Service" means the Public Health Service;