[Code of Federal Regulations]
[Title 40, Volume 20]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR141.5]

[Page 350]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 141_NATIONAL PRIMARY DRINKING WATER REGULATIONS--Table of Contents
 
                            Subpart A_General
 
Sec.  141.5  Siting requirements.

    Before a person may enter into a financial commitment for or 
initiate construction of a new public water system or increase the 
capacity of an existing public water system, he shall notify the State 
and, to the extent practicable, avoid locating part or all of the new or 
expanded facility at a site which:
    (a) Is subject to a significant risk from earthquakes, floods, fires 
or other disasters which could cause a breakdown of the public water 
system or a portion thereof; or
    (b) Except for intake structures, is within the floodplain of a 100-
year flood or is lower than any recorded high tide where appropriate 
records exist. The U.S. Environmental Protection Agency will not seek to 
override land use decisions affecting public water systems siting which 
are made at the State or local government levels.