[Code of Federal Regulations]

[Title 40, Volume 22]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR141.5]



[Page 352]

 

                   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.