approve a plan unless the plan meets each requirement established by the Administrator in guidance issued under subsection (c) and each of the following requirements:

(1) GOAL.-The objective of the source water protection plan shall be to restore and protect the quality of the water available to a community water system that is used for drinking water. (2) DELINEATION.-The plan shall include a delineation of the source water supply protection area in the State consistent with guidance for delineations issued by the Administrator under subsection (c).

(3) ASSESSMENT.-The plan shall include an assessment of the current quality of the source water used by the community water system, including the results of tests for regulated and unregulated contaminants, consistent with the guidance issued by the Administrator under subsection (c).

(4) IDENTIFICATION OF POLLUTION SOURCES.—The plan shall identify each source of water pollution (or category of sources) within the protection area that may contribute to the contamination of water used for drinking water. If contaminants have been detected at quantifiable levels in the source water of the community water system, the plan shall, to the extent practicable, identify the specific sources of pollution releasing those contaminants.

(5) PUBLIC EDUCATION.-The plan shall include provisions for public education to inform the customers of the community water system of contamination within the source water supply protection area and the measures being taken to protect water quality.

(6) CONTINGENCY PLANNING.-The plan shall include contingency plans to avoid contamination problems from unexpected events (including flooding) and for the location and provision of alternate drinking water supplies in the event of contamination.

(7) POLLUTION PREVENTION MEASURES.-The plan shall describe measures and practices necessary to control existing or new sources of pollution that may contribute contaminants to source water used for drinking water.

(8) IMPLEMENTATION.-The plan shall include a schedule for the implementation of the measures and practices referred to in paragraph (7) and assurances that the appropriate State or local agency has available to the agency such legal authority as is necessary to provide for the implementation of the measures and practices and that the State or local agency has the financial capability to implement measures and practices consistent with the schedule established pursuant to this paragraph. (c) GUIDANCE.

(1) IN GENERAL.-Not later than 1 year after the date of enactment of this section, the Administrator shall publish guidance to assist States and community water systems in the development and implementation of source water protection programs, sole source aquifer plans developed pursuant to section 1427, and wellhead protection plans developed pursuant to section 1428.

(2) CONTENTS OF GUIDANCE.-The guidance may

S. Rept. 103-250 O 94 5

(A) establish criteria for the delineation of source water protection areas within a State;

(B) describe measures and practices applicable to various sources or categories of sources that contribute contaminants to source waters used for drinking water;

(C) provide for alternative monitoring requirements for regulated contaminants for community water systems with approved plans that are being implemented; and

(D) describe sources of funding available to develop and implement source water protection plans.

(3) PUBLIC PARTICIPATION.-The guidance shall establish procedures for public participation in the development of programs and plans under this section, including notice and an opportunity for comment on State programs prior to the time the programs are submitted for approval and a public hearing on source water protection plans conducted in the area that will be subject to the plan.

(d) APPROVAL OF STATE PROGRAM.

(1) IN GENERAL.-The Administrator shall approve or disapprove each State source water protection program submitted under this section not later than 180 days after receipt of the program. The Administrator shall approve a State program that meets each of the requirements of this section and the guidance issued under subsection (c). If the Administrator disapproves a State program, the Administrator shall notify the State in writing of the reasons for disapproval. The State may resubmit the program as amended to resolve the objections of the Administrator.

(2) CAPITALIZATION GRANT.-Beginning in fiscal year 1998, and each fiscal year thereafter, the Administrator shall withhold 50 percent of each capitalization grant made to a State pursuant to part G if the Administrator has not approved a State source water protection program for the State under this section.

(3) REVIEW.-The Administrator shall periodically, but not less often than every 5 years, review State source water protection programs that have been approved under this subsection to determine whether the State is carrying out the program in accordance with requirements of this section and the guidance of the Administrator. The Administrator shall withdraw approval of a State source water protection program upon completion of the review, if the program is not in compliance with the requirements of this section or if the State is not considering and approving source water protection plans submitted by, or on behalf of, community water systems in a timely manner. (e) INCENTIVES FOR SOURCE WATER PROTECTION PLANS.—

(1) ELIGIBILITY FOR POLLUTION CONTROL ASSISTANCE.— Projects, measures, and practices identified in source water protection plans, sole source aquifer plans developed pursuant to section 1427, and wellhead protection plans developed pursuant to section 1428 that have been approved under a State source water protection program approved under subsection (d) shall be eligible for assistance under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), including assistance pro

vided under section 319 and title VI of such Act (33 U.S.C. 1329 and 1381 et seq.), in the same manner as a project, measure, or practice identified in a State plan under such section 319 is eligible for assistance under such Act.

(2) REDUCED MONITORING REQUIREMENTS.—A plan meeting any requirements established by the Administrator in guidance issued under subsection (c)(2)(D) may provide, upon approval by the State, for alternative monitoring requirements for contaminants addressed by the plan to be applicable to the community water system for which the plan was prepared in lieu of requirements that would otherwise apply under national primary drinking water regulations. Any proposal for alternative monitoring requirements shall identify specific pollution prevention or control measures to be implemented that allow for an alternative monitoring requirement.

(3) ACTIVITIES INVOLVING FEDERAL AGENCIES.-In the case of a water supply protection area within a State for which a source water protection plan is approved pursuant to this section, each activity or development project carried out by a Federal agency within the area shall be carried out in a manner that is, to the maximum extent practicable, consistent with the plan approved pursuant to this section.".

PART D-EMERGENCY POWERS

EMERGENCY POWERS

SEC. 1431. [(a)] Notwithstanding any other provision of this title, the Administrator, upon receipt of information that a contaminant which is present in or is likely to enter a public water system or an underground source of drinking water may present an imminent and substantial endangerment to the health of persons, [and that appropriate State and local authorities have not acted to protect the health of such persons,] and upon providing concurrent notice to appropriate State and local officials, may take such actions as he may deem necessary in order to protect the health of such persons. [To the extent he determines it to be practicable in light of such imminent endangerment, he shall consult with the State and local authorities in order to confirm the correctness of the information on which action proposed to be taken under this subsection is based and to ascertain the action which such authorities are or will be taking.] The action which he Administrator may take may include (but shall not be limited to) (1) issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), or to restore or protect the public water system or underground source of drinking water including orders requiring the provision of alternative water supplies by persons who caused or contributed to the endangerment, and (2) commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction.

[(b) Any person who violates or fails or refuses to comply with any order issued by the Administrator under subsection (a)(1) may, in an action brought in the appropriate United States district court to enforce such order, be subject to a civil penalty of not to exceed

$5,000 for each day in which such violation occurs or failure to comply continues.]

[SEC. 1432. TAMPERING WITH PUBLIC WATER SYSTEMS. (a)]

TAMPERING WITH PUBLIC WATER SYSTEMS

SEC. 1432. (a) TAMPERING.-Any person who tampers with a public water system shall be imprisoned for not more than 5 years, or fined in accordance with title 18 of the United States Code, or both.

PART E-GENERAL PROVISIONS

ASSURANCE OF AVAILABILITY OF ADEQUATE SUPPLIES OF CHEMICALS NECESSARY FOR TREATMENT OF WATER

SEC. 1441. (a)

*

RESEARCH, TECHNICAL ASSISTANCE, INFORMATION, TRAINING OF

PERSONNEL

SEC. 1442. (a)(1) The Administrator may conduct research, studies, and demonstrations relating to the causes, diagnosis, treatment, control, and prevention of physical and mental diseases and other impairments of man resulting directly or indirectly from contaminants in water, or to the provision of a dependably safe supply of drinking water, including

(A) improved methods (i) to identify and measure the existence of contaminants in drinking water (including methods which may be used by State and local health and water officials), and (ii) to identify the source of such contaminants;

(B) improved methods to identify and measure the health effects of contaminants in drinking water;

(C) new methods of treating raw water to prepare it for drinking, so as to improve the efficiency of water treatment and to remove contaminants from water;

(D) improved methods for providing a dependably safe supply of drinking water, including improvements in water purification and distribution, and methods of assessing the health related hazards of drinking water; and

(E) improved methods of protecting underground water sources of public water systems from contamination.

[(2)(A) The Administrator shall, to the maximum extent feasible, provide technical assistance to the States and municipalities in the establishment and administration of public water system supervision programs (as defined in section 1443(c)(1)).

[(B) The Administrator is authorized to provide technical assistance and to make grants to States, or publicly owned water systems to assist in responding to and alleviating any emergency situation affecting public water systems (including sources of water for such systems) which the Administrator determines to present substantial danger to the public health. Grants provided under this subparagraph shall be used only to support those actions which (i) are necessary for preventing, limiting or mitigating danger to the

public health in such emergency situation and (ii) would not, in the judgment of the Administrator, be taken without such emergency assistance. The Administrator may carry out the program authorized under this subparagraph as part of, and in accordance with the terms and conditions of, any other program of assistance for environmental emergencies which the Administrator is authorized to carry out under any other provision of law. No limitation on appropriations for any such other program shall apply to amounts appropriated under this subparagraph.]

(2) INFORMATION AND RESEARCH FACILITIES.-In carrying out this title, the Administrator is authorized to

(A) collect and make available information pertaining to research, investigations, and demonstrations with respect to providing a dependably safe supply of drinking water, together with appropriate recommendations in connection with the information; and

(B) make available research facilities of the Agency to appropriate public authorities, institutions, and individuals engaged in studies and research relating to this title.

(12) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated to carry out this subsection and subsection (h) $25,000,000 for each of fiscal years 1994 through 2000. [(b) In carrying out this title, the Administrator is authorized

to

[(1) collect and make available information pertaining to research, investigations, and demonstrations with respect to providing a dependably safe supply of drinking water together with appropriate recommendations in connection therewith;

[(2) make available research facilities of the Agency to appropriate public authorities, institutions, and individuals engaged in studies and research relating to the purposes of this title;

[(3) make grants to, and enter into contracts with, any public agency, educational institution, and any other organization, in accordance with procedures prescribed by the Administrator, under which he may pay all or a part of the costs (as may be determined by the Administrator) of any project or activity which is designed

[(A) to develop, expand, or carry out a program (which may combine training education and employment) for training persons for occupations involving the public health aspects of providing safe drinking water;

[(B) to train inspectors and supervisory personnel to train or supervise persons in occupations involving the public health aspects of providing safe drinking water; or [(C) to develop and expand the capability of programs of States and municipalities to carry out the purposes of this title (other than by carrying out State programs of public water system supervision or underground water source protection (as defined in section 1443(c))).]

(b) The Administrator is authorized to provide technical assistance and to make grants to States, or publicly owned water systems to assist in responding to and alleviating any emergency situation