Safe Drinking Water Act

TABLE OF CONTENTS

OVERVIEW

4.1 What is the purpose of this chapter? This chapter provides information to ensure the U.S. Fish and Wildlife Service’s (Service) compliance with the Safe Drinking Water Act (SDWA).

4.2 What is the scope of this chapter? This chapter applies to all Service-owned or operated water supply systems.

4.3 What is the Service’s policy on safe drinking water? Our policy is to protect the health and welfare of Service personnel and the public by ensuring that all water that we provide for human consumption is both safe and protected.

4.4 What are the authorities for this chapter?

A. America’s Water Infrastructure Act (AWIA) of 2018 (Public Law 115-270).

B. Executive Order (E.O.) 12088; October 13, 1978; Federal Compliance with Pollution Control Standards, amended by E.O. 12580; January 23, 1987; Superfund Implementation.

C. National Primary Drinking Water Regulations and Implementation(40 CFR 141 and 142).

D. National Secondary Drinking Water Regulations(40 CFR 143).

E. Occupational Safety and Health Standards, Sanitation (29 CFR 1910.141).

F. Safe Drinking Water Act(42 U.S.C. 300f et seq.).

G. Sole Source Aquifers(40 CFR 149).

H. State Programs to Establish Wellhead Protection Areas(42 U.S.C. 300h-7).

I. Underground Injection Control Program(40 CFR 144 - 148).

4.5 What terms do you need to know to understand this chapter? See Exhibit 1, Glossary, for a list of terms we use in this chapter.

RESPONSIBILITIES

4.6 Who is responsible for ensuring safe drinking water at Service-owned and operated facilities? See Table 4-1.

Table 4-1: Responsibilities for Ensuring Safe Drinking Water

STANDARDS, PRIMACY, AND CLASSIFICATION

4.7 What are the general provisions of the SDWA?

A. Federal compliance. The SDWA requires that Federal agencies that operate public water supply systems comply with applicable Federal, State, and local requirements.  

B. National standards.

(1) The U.S. Environmental Protection Agency (EPA) establishes national drinking water standards that:

     (a) Set Maximum Contaminant Limits (MCL) and action levels for various substances in drinking water, and

     (b) Establish requirements for specific water treatment practices for contaminants that are difficult or costly to measure.

(2) EPA’s national primary and secondary drinking water regulations are summarized in an easy-to-read table on their website, by contaminant.

C. Primacy. Most States and territories have primary responsibility to enforce compliance (i.e., primacy) with national drinking water standards and sampling, monitoring, and notice requirements. They may establish drinking water regulations, monitoring schedules, and reporting requirements more stringent than, or in addition to, those in the EPA regulations, so Project Leaders/Facility Managers should be familiar with the requirements for their location. As of 2023, all States except for Wyoming have primacy. In Wyoming, EPA Region 8 personnel conduct the surveys. EPA also implements program requirements in the District of Columbia. The Navajo Nation has been approved for primary responsibility for implementing SDWA on their lands, but EPA implements SDWA on all other Tribal lands.

4.8 Who is responsible for public water supply system sanitary surveys? The entity with primacy (i.e., regulatory agency) or its agent conducts the sanitary survey.

4.9 How are drinking water supply systems classified? EPA classifies drinking water systems as public water systems and non-public water systems.  A public water system has 15 or more service connections OR serves an average of 25 or more people at least 60 days a year. Water systems that do not meet these criteria are non-public water systems. A drinking water system’s classification may determine what requirements are applicable (e.g., monitoring frequency). Contact your RECC for additional information and see Exhibit 1 for more details.   

MONITORING AND TESTING

4.10 What are the requirements for monitoring sources of potable water?

A. The specific parameters for monitoring potable water sources depend on the supply system’s classification, the number of people the system serves, the source of the water supply, and likely contaminants.  

B. All Service water supply systems must, at a minimum, be sampled and monitored for the contaminants in Table 4-2, regardless of the size of the system and the frequency or duration of use. Service employees or contractors must use accepted sampling protocols, such as those described in the EPA publication, “Quick Guide to Drinking Water Sample Collection,” or State sampling guidelines. Ask your RECC for assistance in determining your monitoring requirements.

C. For the analysis, facilities must use a certified laboratory approved by either EPA or the State regulatory agency.

Table 4-2: Minimum Monitoring Requirements for Contaminants

4.11 What if monitoring results exceed standards? If the concentration of a contaminant exceeds the MCL or an action level, the Project Leader/Facility Manager must:

A. Immediately ensure that people do not consume the water, and then notify the RECC. The Project Leader/Facility Manager must post a statement that says that the water may not be used for human consumption. See Exhibit 2 for the language to post; 

B. Treat the water source, as appropriate, to achieve compliance or provide an alternate source of drinking water; and

C. Report noncompliance conditions to all people the public water system serves and to the State. Your RECC will help you determine the required timing and means for public notifications.

4.12 What are the requirements for posting nonpotable water outlets? The Project Leader/Facility Manager must ensure that outlets for nonpotable water, including taps in bathrooms, spigots on the outside of public buildings, and water for industrial or firefighting purposes, are posted or otherwise marked. It should be clear that the water is nonpotable and that it is unsafe and should not be used for drinking, washing of the person, cooking, washing food, washing cooking or eating utensils, washing food preparation or processing areas, or washing clothes. See Exhibit 3 for the language to post.

4.13 What are the requirements for newly constructed and acquired potable water supply systems?

A. Whenever we construct a new potable water supply system or acquire a system, we must test for the contaminants in Table 4-2 and the primary and secondary contaminants found in 40 CFR 141 – 143. In addition, EPA has established health advisories for PFAS chemicals and is expected to establish MCLs in a new rulemaking (see section 4.16). You can obtain the list of currently regulated contaminants, along with their MCLs and action levels, from your RECC.

B. Before being placed in service, the Project Leader/Facility Manager must ensure that:

(1) All new or repaired water mains, pumps, tanks, wells, and other facilities are completely disinfected in accordance with “Disinfecting Water Mains,” American Water Works Association, C651, and any additional local requirements; and

(2) A bacteriological test of the system is performed in compliance with the requirements of the appropriate health agency.

4.14 What are the requirements for systems using surface water or ground water under the influence of surface water?

A. EPA’s Surface Water Treatment Rule applies to public water supply systems that serve 10,000 people or more and use surface water or ground water under the influence of surface water. The requirements for filtration and disinfection of the source water are specific to the site. Site-specific requirements are based on the watershed control program for Cryptosporidium oocysts.

B. EPA categorizes systems that serve fewer than 10,000 people and use surface water or ground water under the influence of surface water as Schedule 4 systems. An EPA “Quick Reference Guide for Schedule 4 Systems“ describes the monitoring and treatment requirements. Schedule 4 systems must have initial source water testing for 12 months. For filtered systems, it may be possible to use previously collected data.

4.15 What are the requirements related to the Lead and Copper Rule? EPA’s Lead and Copper Rule regulates the concentration limits of lead and copper in drinking water as well as the amount of corrosion due to the water itself.

A. Corrosion control. We must monitor all Service water systems that qualify as public water supply systems for lead and copper tap levels and other water quality parameters specified in 40 CFR 141.80 through 141.82 based on the size of the system. If concentrations exceed an action level, the system operator must treat the system with appropriate chemical(s) for corrosion control.

B. Lead and copper action levels. Project Leaders/Facility Managers must take action when any of the tests meet or exceed 0.015 mg/L for lead or 1.3 mg/L for copper.

C. Limitations of lead materials in Service supply systems. Project Leaders/Facility Managers must use lead-free materials in any new construction or rehabilitation projects involving potable water systems.

(1) Do not use lead solders, fluxes, and pipes when installing or repairing potable water supply systems. This includes soldering copper joints.

(2) Drinking water system components (e.g., valves, faucets, backflow preventers) should be certified National Sanitation Foundation/American National Standards Institute (NSF/ANSI) 61 Annex G, or NSF/ANSI 372. Ask your RECC for assistance to determine if your facility needs to perform corrosion control.

(3) All chemicals used for drinking water treatment must be certified NSF/ANSI 60.

4.16 What are the requirements related to per- and polyfluoroalkyl substances (PFAS)?

A. PFAS contaminants have varying State and Federal requirements.

B. Some States have regulatory standards for PFAS contaminants that are enforceable.

C. EPA proposed MCLs and required monitoring intervals for multiple PFAS chemicals in March 2023. Field stations should contact their RECC to confirm current requirements if PFAS contaminants are detected in the onsite drinking water source because Federal requirements are not final and are likely to change over time.

4.17 What requirements govern the use of hauled water systems? Hauled water systems must meet sanitation requirements.

A. Tanks must be designed to NSF standards for potable water. These tanks must have proper clearances and valving to prevent infiltration by pests and vermin and must never have been used for any other purpose.

B. If a Service facility (including a vessel) employs a hauled water system for human consumption or use, the Project Leader/Facility Manager should request that their RECC review the system to determine appropriate testing and operational procedures.

(1) If the hauled water system is from a municipal water source, we must test quarterly for coliform.

(2) If the hauled water system is from an onsite, tested well, the Project Leader/Facility Manager must document that information so that it is clear that the source meets potable water standards.

(3) Equipment we use to haul water must be appropriately certified for the transportation of potable water and must not be used for any other purpose.

(4) Many entities with primacy require that any hauled water for a drinking water system be from a municipal source and transported by certified haulers using equipment and tanks certified for the task and only used for hauling potable water.

4.18 What waste management requirements apply to water treatment processes? Most treatment processes concentrate contaminants into a residual stream (brine or sludge) that requires proper management. We must follow applicable Federal, State, and local regulations covering the management of such wastes.

RECORDKEEPING AND REPORTING REQUIREMENTS

4.19 What are the recordkeeping and reporting requirements for Service-owned or operated public water supply systems?

A. Recordkeeping. The Project Leader/Facility Manager must keep the following records, if applicable, for as long as required by the regulations governing the facility:

(1) Laboratory results, including dates and locations of sampling points;

(2) Steps taken to correct any problems;

(3) Documentation of public notifications and signage, if warranted by violations of drinking water regulations;

(4) Sanitary survey and wellhead protection program reports received from the entity with primacy; and 

(5) Any other information required by regulation.

B. Reporting. Requirements for reporting water sample results vary depending on the regulatory agency. The laboratory generally reports the results to the agency with primacy, but the Project Leader/Facility Manager must ensure that the reporting occurs as required. Inform your RECC if any standards (e.g., MCLs) are exceeded. We must notify the regulatory agency any time sample results indicate noncompliance with primary drinking water standards. 

OTHER SDWA REQUIREMENTS

4.20 What other SDWA requirements are potentially applicable to Service operations?  The SDWA contains provisions in addition to water system requirements that may apply to Service field stations. Table 4-3 summarizes these requirements.

Table 4-3: Other SDWA Requirements