[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

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

[CITE: 33CFR214.6]



[Page 198-199]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 214_EMERGENCY SUPPLIES OF DRINKING WATER--Table of Contents

 

Sec.  214.6  Discussion.



    (a) The amendment provides for furnishing emergency supplies of 

drinking water. The method of furnishing those supplies is not provided 

for in the amendment, and is left to the discretion of the Chief of 

Engineers. Any feasible method, including restoration of service from an 

alternate source when the main source has been contaminated, is 

authorized where most feasible (however, see paragraphs (d) and (e) of 

this section).



[[Page 199]]



    (b) The scope of work is limited solely to providing emergency 

supplies of clean drinking water. Sewage treatment and disposal, and 

other sanitary requirements, are not included. In addition, the Corps of 

Engineers role in providing emergency supplies is a temporary measure 

until the locality is able to assume their responsibility. The locality 

is ultimately responsible for providing supplies of drinking water.

    (c) The cause of the contamination may be due to any situation, not 

necessarily flood related. It encompasses all situations involving a 

contaminated source of drinking water, whether caused by flooding or 

otherwise.

    (d) To be eligible, a locality must be confronted with a source of 

water that is contaminated. The loss of clean drinking water must not be 

solely the result of a failure in the distribution system. For example, 

the emergency could be due to a failure of a reservoir purification 

system, and the locality might thus be faced with a contaminated source. 

Furnishing of emergency supplies of clean drinking water may not be 

undertaken in these cases since the distribution system is not 

considered to be a source. A loss of supply is not in itself a 

justification for furnishing supplies of water by the Corps of Engineers 

under this authority.

    (e) Employment of the authority under the amendment requires a 

finding by the Chief of Engineers, or his delegate, that there is, in 

fact, a contaminated source of drinking water.

    (f) The contamination must cause or be likely to cause a substantial 

threat to the public health and welfare. An identifiable and defined 

threat of impairment to the public health and welfare is considered 

necessary. There is no requirement, however, that actual sickness exist 

from contaminated water to invoke the authority. But a clear threat must 

be established. Lack of palatability, in itself, may not constitute a 

serious health threat (see Sec.  214.9(d)).

    (g) Inhabitants of the locality, rather than commercial enterprises, 

are identified as the group threatened. A business firm faced with 

contamination of water used in its process is not eligible. The drinking 

water used by the people in the area must be affected.