[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.10]

[Page 623-624]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
              Subpart B_Primary Enforcement Responsibility
 
Sec. 142.10  Requirements for a determination of primary enforcement 


responsibility.

    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 Sec. 142.11, and 
submission under Sec. 142.12, that such State, pursuant to appropriate 
State legal authority:
    (a) Has adopted drinking water regulations which are no less 
stringent than the national primary drinking water regulations (NPDWRs) 
in effect under part 141 of this chapter;
    (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)(i) 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 certified 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.
    (ii) Upon a showing by an Indian Tribe of an intergovernmental or 
other agreement to have all analytical tests performed by a certified 
laboratory, the Administrator may waive this requirement.
    (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 regulations. Until such time as 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 
that is no

[[Page 624]]

less stringent than the EPA requirements in Subpart Q of Part 141 of 
this chapter and Sec. 142.16(a).
    (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;
    (vii) Authority to require community water systems to provide 
consumer confidence reports as required under 40 CFR part 141, subpart 
O.
    (c) Has established and will maintain record keeping and reporting 
of its activities under paragraphs (a), (b) and (d) in compliance with 
Sec. Sec. 142.14 and 142.15;
    (d) Variances and exemptions. (1) If it permits small system 
variances pursuant to Section 1415(e) of the Act, it must provide 
procedures no less stringent than the Act and Subpart K of this part.
    (2) If it permits variances (other than small system 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 no 
less stringent than the requirements of Sections 1415 and 1416 of the 
Act. In granting these variances, the State must adopt the 
Administrator's findings of best available technology, treatment 
techniques, or other means available as specified in Subpart G of this 
part. (States with primary enforcement responsibility may adopt 
procedures different from those set forth in Subparts E and F of this 
part, which apply to the issuance of variances (other than small system 
variances) and exemptions by the Administrator in States that do not 
have primary enforcement responsibility, 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 including, but not 
limited to, earthquakes, floods, hurricanes, and other natural 
disasters.
    (f)(1) Has adopted authority for assessing administrative penalties 
unless the constitution of the State prohibits the adoption of such 
authority. For public water systems serving a population of more than 
10,000 individuals, States must have the authority to impose a penalty 
of at least $1,000 per day per violation. For public water systems 
serving a population of 10,000 or fewer individuals, States must have 
penalties that are adequate to ensure compliance with the State 
regulations as determined by the State.
    (2) As long as criteria in paragraph (f)(1) of this section are met, 
States may establish a maximum administrative penalty per violation that 
may be assessed on a public water system.
    (g) Has adopted regulations consistent with 40 CFR Part 3--
(Electronic reporting) if the state receives electronic documents.
    (h) An Indian Tribe shall not be required to exercise criminal 
enforcement jurisdiction to meet the requirements for primary 
enforcement responsibility.

[41 FR 2918, Jan. 20, 1976, as amended at 43 FR 5373, Feb. 8, 1978; 52 
FR 20675, June 2, 1987; 52 FR 41550, Oct. 28, 1987; 53 FR 37410, Sept. 
26, 1988; 54 FR 15188, Apr. 17, 1989; 54 FR 52138, Dec. 20, 1989; 63 FR 
23367, Apr. 28, 1998; 63 FR 43846, Aug. 14, 1998; 63 FR 44535, Aug. 19, 
1998; 65 FR 26048, May 4, 2000; 70 FR 59888, Oct. 13, 2005]