Collapse to view only § 300i-4. Supply disruption prevention, detection and response
- § 300i. Emergency powers
- § 300i-1. Tampering with public water systems
- § 300i-2. Community water system risk and resilience
- § 300i-3. Contaminant prevention, detection and response
- § 300i-4. Supply disruption prevention, detection and response
§ 300i. Emergency powers
(a) Actions authorized against imminent and substantial endangerment to health
(b) Penalties for violations; separate offenses
(July 1, 1944, ch. 373, title XIV, § 1431, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1680; amended Pub. L. 99–339, title II, § 204, June 19, 1986, 100 Stat. 660; Pub. L. 104–182, title I, § 113(d), Aug. 6, 1996, 110 Stat. 1636; Pub. L. 107–188, title IV, § 403(2), June 12, 2002, 116 Stat. 687.)
§ 300i–1. Tampering with public water systems
(a) Tampering
(b) Attempt or threat
(c) Civil penalty
(d) “Tamper” defined
For purposes of this section, the term “tamper” means—
(1) to introduce a contaminant into a public water system with the intention of harming persons; or
(2) to otherwise interfere with the operation of a public water system with the intention of harming persons.
(July 1, 1944, ch. 373, title XIV, § 1432, as added Pub. L. 99–339, title I, § 108, June 19, 1986, 100 Stat. 651; amended Pub. L. 104–182, title V, § 501(f)(5), Aug. 6, 1996, 110 Stat. 1692; Pub. L. 107–188, title IV, § 403(3), June 12, 2002, 116 Stat. 687.)
§ 300i–2. Community water system risk and resilience
(a) Risk and resilience assessments
(1) In generalEach community water system serving a population of greater than 3,300 persons shall conduct an assessment of the risks to, and resilience of, its system. Such an assessment—
(A) shall include an assessment of—
(i) the risk to the system from malevolent acts and natural hazards;
(ii) the resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system;
(iii) the monitoring practices of the system;
(iv) the financial infrastructure of the system;
(v) the use, storage, or handling of various chemicals by the system; and
(vi) the operation and maintenance of the system; and
(B) may include an evaluation of capital and operational needs for risk and resilience management for the system.
(2) Baseline informationThe Administrator, not later than August 1, 2019, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall provide baseline information on malevolent acts of relevance to community water systems, which shall include consideration of acts that may—
(A) substantially disrupt the ability of the system to provide a safe and reliable supply of drinking water; or
(B) otherwise present significant public health or economic concerns to the community served by the system.
(3) Certification
(A) CertificationEach community water system described in paragraph (1) shall submit to the Administrator a certification that the system has conducted an assessment complying with paragraph (1). Such certification shall be made prior to—
(i)March 31, 2020, in the case of systems serving a population of 100,000 or more;
(ii)December 31, 2020, in the case of systems serving a population of 50,000 or more but less than 100,000; and
(iii)June 30, 2021, in the case of systems serving a population greater than 3,300 but less than 50,000.
(B) Review and revision
(4) Contents of certificationsA certification required under paragraph (3) shall contain only—
(A) information that identifies the community water system submitting the certification;
(B) the date of the certification; and
(C) a statement that the community water system has conducted, reviewed, or revised the assessment, as applicable.
(5) Provision to other entities
(b) Emergency response planEach community water system serving a population greater than 3,300 shall prepare or revise, where necessary, an emergency response plan that incorporates findings of the assessment conducted under subsection (a) for such system (and any revisions thereto). Each community water system shall certify to the Administrator, as soon as reasonably possible after October 23, 2018, but not later than 6 months after completion of the assessment under subsection (a), that the system has completed such plan. The emergency response plan shall include—
(1) strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system;
(2) plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water;
(3) actions, procedures, and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers; and
(4) strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system.
(c) Coordination
(d) Record maintenance
(e) Guidance to small public water systems
(f) Alternative preparedness and operational resilience programs
(1) Satisfaction of requirementA community water system that is required to comply with the requirements of subsections (a) and (b) may satisfy such requirements by—
(A) using and complying with technical standards that the Administrator has recognized under paragraph (2); and
(B) submitting to the Administrator a certification that the community water system is complying with subparagraph (A).
(2) Authority to recognize
(g) Technical assistance and grants
(1) In general
(2) Use of fundsAs a condition on receipt of a grant under this section, an owner or operator of a community water system shall agree to use the grant funds exclusively to assist in the planning, design, construction, or implementation of a program or project consistent with an emergency response plan prepared pursuant to subsection (b), which may include—
(A) the purchase and installation of equipment for detection of drinking water contaminants or malevolent acts;
(B) the purchase and installation of fencing, gating, lighting, or security cameras;
(C) the tamper-proofing of manhole covers, fire hydrants, and valve boxes;
(D) the purchase and installation of improved treatment technologies and equipment to improve the resilience of the system;
(E) improvements to electronic, computer, financial, or other automated systems and remote systems;
(F) participation in training programs, and the purchase of training manuals and guidance materials, relating to security and resilience;
(G) improvements in the use, storage, or handling of chemicals by the community water system;
(H) security screening of employees or contractor support services;
(I) equipment necessary to support emergency power or water supply, including standby and mobile sources; and
(J) the development of alternative source water options, relocation of water intakes, and construction of flood protection barriers.
(3) Exclusions
(4) Technical assistance
(5) Grants for small systems
(6) Authorization of appropriations
(h) DefinitionsIn this section—
(1) the term “resilience” means the ability of a community water system or an asset of a community water system to adapt to or withstand the effects of a malevolent act or natural hazard without interruption to the asset’s or system’s function, or if the function is interrupted, to rapidly return to a normal operating condition; and
(2) the term “natural hazard” means a natural event that threatens the functioning of a community water system, including an earthquake, tornado, flood, hurricane, wildfire, and hydrologic changes.
(July 1, 1944, ch. 373, title XIV, § 1433, as added Pub. L. 107–188, title IV, § 401, June 12, 2002, 116 Stat. 682; amended Pub. L. 115–270, title II, § 2013(a), Oct. 23, 2018, 132 Stat. 3850.)
§ 300i–3. Contaminant prevention, detection and response
(a) In general
The Administrator, in consultation with the Centers for Disease Control and, after consultation with appropriate departments and agencies of the Federal Government and with State and local governments, shall review (or enter into contracts or cooperative agreements to provide for a review of) current and future methods to prevent, detect and respond to the intentional introduction of chemical, biological or radiological contaminants into community water systems and source water for community water systems, including each of the following:
(1) Methods, means and equipment, including real time monitoring systems, designed to monitor and detect various levels of chemical, biological, and radiological contaminants or indicators of contaminants and reduce the likelihood that such contaminants can be successfully introduced into public water systems and source water intended to be used for drinking water.
(2) Methods and means to provide sufficient notice to operators of public water systems, and individuals served by such systems, of the introduction of chemical, biological or radiological contaminants and the possible effect of such introduction on public health and the safety and supply of drinking water.
(3) Methods and means for developing educational and awareness programs for community water systems.
(4) Procedures and equipment necessary to prevent the flow of contaminated drinking water to individuals served by public water systems.
(5) Methods, means, and equipment which could negate or mitigate deleterious effects on public health and the safety and supply caused by the introduction of contaminants into water intended to be used for drinking water, including an examination of the effectiveness of various drinking water technologies in removing, inactivating, or neutralizing biological, chemical, and radiological contaminants.
(6) Biomedical research into the short-term and long-term impact on public health of various chemical, biological and radiological contaminants that may be introduced into public water systems through terrorist or other intentional acts.
(b) Funding
(July 1, 1944, ch. 373, title XIV, § 1434, as added Pub. L. 107–188, title IV, § 402, June 12, 2002, 116 Stat. 685.)
§ 300i–4. Supply disruption prevention, detection and response
(a) Disruption of supply or safety
The Administrator, in coordination with the appropriate departments and agencies of the Federal Government, shall review (or enter into contracts or cooperative agreements to provide for a review of) methods and means by which terrorists or other individuals or groups could disrupt the supply of safe drinking water or take other actions against water collection, pretreatment, treatment, storage and distribution facilities which could render such water significantly less safe for human consumption, including each of the following:
(1) Methods and means by which pipes and other constructed conveyances utilized in public water systems could be destroyed or otherwise prevented from providing adequate supplies of drinking water meeting applicable public health standards.
(2) Methods and means by which collection, pretreatment, treatment, storage and distribution facilities utilized or used in connection with public water systems and collection and pretreatment storage facilities used in connection with public water systems could be destroyed or otherwise prevented from providing adequate supplies of drinking water meeting applicable public health standards.
(3) Methods and means by which pipes, constructed conveyances, collection, pretreatment, treatment, storage and distribution systems that are utilized in connection with public water systems could be altered or affected so as to be subject to cross-contamination of drinking water supplies.
(4) Methods and means by which pipes, constructed conveyances, collection, pretreatment, treatment, storage and distribution systems that are utilized in connection with public water systems could be reasonably protected from terrorist attacks or other acts intended to disrupt the supply or affect the safety of drinking water.
(5) Methods and means by which information systems, including process controls and supervisory control and data acquisition and cyber systems at community water systems could be disrupted by terrorists or other groups.
(b) Alternative sources
(c) Requirements and considerations
In carrying out this section and section 300i–3 of this title—
(1) the Administrator shall ensure that reviews carried out under this section reflect the needs of community water systems of various sizes and various geographic areas of the United States; and
(2) the Administrator may consider the vulnerability of, or potential for forced interruption of service for, a region or service area, including community water systems that provide service to the National Capital area.
(d) Information sharing
(e) Funding
(July 1, 1944, ch. 373, title XIV, § 1435, as added Pub. L. 107–188, title IV, § 402, June 12, 2002, 116 Stat. 686.)