Sec. 2106. Notice to persons served

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Section 1414(c) of the Safe Drinking Water Act ( 42 U.S.C. 300g–3(c) ) is amended— in the subsection heading, by striking and inserting Notice to ; Notice to States, the Administrator, and in paragraph (1)— in subparagraph (C), by striking paragraph (2)(E) and inserting paragraph (2)(F) ; and by adding at the end the following: Notice that the public water system exceeded the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412). ; in paragraph (2)— in subparagraph (B)(i)(II), by striking subparagraph

(D)and inserting subparagraph

(E); in subparagraph (C)— in the subparagraph heading, by striking and inserting Violations ; Notice of violations or exceedances in the matter preceding clause (i)— in the first sentence, by striking violation and inserting violation, and each exceedance described in paragraph (1)(D), ; and in the second sentence, by striking violation and inserting violation or exceedance ; by striking clause

(i)and inserting the following: be distributed as soon as practicable, but not later than 24 hours, after the public water system learns of the violation or exceedance; ; in clause (ii), by inserting or exceedance after violation each place it appears; by striking clause

(iii)and inserting the following: be provided to the Administrator and the head of the State agency that has primary enforcement responsibility under section 1413, as applicable, as soon as practicable, but not later than 24 hours after the public water system learns of the violation or exceedance; and ; and in clause (iv)— in subclause (I), by striking broadcast media and inserting media, including broadcast media ; and in subclause (III), by striking in lieu of notification by means of broadcast media or newspaper ; by redesignating subparagraphs

(D)and

(E)as subparagraphs

(E)and (F), respectively; and by inserting after subparagraph

(C)the following: If the State with primary enforcement responsibility or the owner or operator of a public water system has not issued a notice under subparagraph

(C)for an exceedance of the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412) that has the potential to have serious adverse effects on human health as a result of short-term exposure, not later than 24 hours after the Administrator is notified of the exceedance, the Administrator shall issue the required notice under that subparagraph. ; in paragraph (3)(B), in the first sentence— by striking subparagraph

(A)and and inserting subparagraph (A), ; and by striking subparagraph

(C)or

(D)of paragraph

(2)and inserting subparagraph

(C)or

(E)of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph

(D)of that paragraph ; in paragraph (4)(B)— in clause (ii), by striking the terms and inserting the terms ; action level , by striking clause

(iii)and inserting the following: If any regulated contaminant is detected in the water purveyed by the public water system, a statement describing, as applicable— the maximum contaminant level goal; the maximum contaminant level; the level of the contaminant in the water system; the action level for the contaminant; and for any contaminant for which there has been a violation of the maximum contaminant level during the year concerned, a brief statement in plain language regarding the health concerns that resulted in regulation of the contaminant, as provided by the Administrator in regulations under subparagraph (A). ; and in the undesignated matter following clause (vi), in the second sentence, by striking subclause

(IV)of clause

(iii)and inserting clause (iii)(V) ; and by adding at the end the following: Not later than 180 days after the date of enactment of this paragraph, the Administrator shall, in collaboration with owners and operators of public water systems and States, establish a strategic plan for how the Administrator, a State with primary enforcement responsibility, and owners and operators of public water systems shall provide targeted outreach, education, technical assistance, and risk communication to populations affected by the concentration of lead in a public water system, including dissemination of information described in subparagraph (C). If the Agency develops, or receives from a source other than a State or a public water system, data that meets the requirements of section 1412(b)(3)(A)(ii) that indicates that the drinking water of a household served by a public water system contains a level of lead that exceeds the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412) (referred to in this paragraph as an affected household ), the Administrator shall require an appropriate employee of the Agency to forward the data, and information on the sampling techniques used to obtain the data, to the owner or operator of the public water system and the State in which the affected household is located within a time period determined by the Administrator. The owner or operator of a public water system shall disseminate to affected households the information described in subparagraph

(C)within a time period established by the Administrator, if the owner or operator— receives data and information under clause (i); and has not, since the date of the test that developed the data, notified the affected households— with respect to the concentration of lead in the drinking water of the affected households; and that the concentration of lead in the drinking water of the affected households exceeds the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412). If the owner or operator of the public water system does not disseminate to the affected households the information described in subparagraph

(C)as required under clause

(ii)within the time period established by the Administrator, not later than 24 hours after the Administrator becomes aware of the failure by the owner or operator of the public water system to disseminate the information, the Administrator shall consult, within a period not to exceed 24 hours, with the applicable Governor to develop a plan, in accordance with the strategic plan, to disseminate the information to the affected households not later than 24 hours after the end of the consultation period. The Administrator may only delegate the duty to consult under subclause

(I)to an employee of the Agency who, as of the date of the delegation, works in the Office of Water at the headquarters of the Agency. The Administrator shall, as soon as practicable, disseminate to affected households the information described in subparagraph

(C)if— the owner or operator of the public water system does not disseminate the information to the affected households within the time period determined by the Administrator, as required by clause (ii); and the Administrator and the applicable Governor do not agree on a plan described in clause (iii)(I) during the consultation period under that clause; or the applicable Governor does not disseminate the information within 24 hours after the end of the consultation period. The information described in this subparagraph includes— a clear explanation of the potential adverse effects on human health of drinking water that contains a concentration of lead that exceeds the lead action level under section 141.80(c) of title 40, Code of Federal Regulations (or a prescribed level of lead that the Administrator establishes for public education or notification in a successor regulation promulgated pursuant to section 1412); the steps that the owner or operator of the public water system is taking to mitigate the concentration of lead; and the necessity of seeking alternative water supplies until the date on which the concentration of lead is mitigated. Any notice to the public or an affected household under this subsection shall protect the privacy of individual customer information. . Section 1417 of the Safe Drinking Water Act ( 42 U.S.C. 300g–6 ) is amended by adding at the end the following: The Administrator shall make information available to the public regarding lead in drinking water, including information regarding— risks associated with lead in drinking water; the conditions that contribute to drinking water containing lead in a residence; steps that States, public water systems, and consumers can take to reduce the risks of lead in drinking water; and the availability of additional resources that consumers can use to minimize lead exposure, including information on sampling for lead in drinking water. In making information available to the public under this subsection, the Administrator shall, subject to the availability of appropriations, carry out targeted outreach strategies that focus on educating groups within the general population that may be at greater risk than the general population of adverse health effects from exposure to lead in drinking water. .

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42 USC 300g–3(c)
42 USC 300g–6

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Sec. 2106

Notice to persons served

Cite42 USC 300g–3(c)

Cite42 USC 300g–6

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