[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: 33CFR214.9]



[Page 200]

 

                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.  214.9  Requirements.



    Providing emergency supplies of clean drinking water pursuant to the 

emergency functions of the Corps of Engineers is supplemental to the 

efforts of the community. Such actions must be in accordance with both 

Federal and municipal authorities. Corps response must be restricted to 

requests for assistance received from an appropriate state official. 

Each request must be considered on its own merits. The factors in each 

case may vary, but the following should be included in the evaluation.

    (a) Whether the criteria required by the law and outlined in Sec.  

214.6 have been met.

    (b) The extent of state and local efforts to provide clean drinking 

water and their capability to do so. Corps efforts to provide temporary 

supplies of drinking water must be limited to measures clearly beyond 

the resources reasonably available to the state and locality.

    (c) The adequacy of the state or local community agreement to 

mutually participate with the Federal government, on terms determined 

advisable by the Chief of Engineers, or his delegate, which must include 

the following:

    (1) To provide, without cost to the United States, all lands, 

easements, and rights-of-way necessary for the authorized work.

    (2) To hold and save the United States free from damages in 

connection with the authorized work other than negligence attributable 

to the United States or its contractor.

    (3) To maintain and operate in a manner satisfactory to the Chief of 

Engineers all installed work during the emergency.

    (4) To remove when determined feasible by the district engineer, at 

no cost to the Federal government, the installed equipment at the end of 

the emergency and return it to the Corps of Engineers.

    (5) As soon as possible to actively initiate measures required to 

resolve the emergency situation.

    (d) The provision of water quality statements with the request, and 

the identification of the threat to public health and welfare as 

determined by recognized authorities such as the State Health 

Department, Environmental Protection Agency, or recognized commercial 

laboratory.

    (e) The identification of the affected area as a legally recognized 

governmental body or public entity that exercises a measure of control 

in the common interest of the inhabitants.