[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR214.8]

[Page 199-200]
 
                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.  214.8  Exclusions.

    The authority does not require correcting the contamination, or 
repair of water systems so that clean drinking water supplies become 
available again. Reestablishing community water supplies remains the 
responsibility of local government and other Federal programs. These 
methods may be employed under the authority, if they are the most 
feasible ways to provide emergency supplies of clean drinking water, but 
there is no mandate to do so. To the extent state or local governments 
can provide water with their own resources, the locality will be 
excluded from the provision of emergency supplies under Pub. L. 84-99. 
In general, the following situations are not considered to be 
appropriate for Corps action under this authority:
    (a) Contamination which causes a loss of palatability, but poses no 
material threat to public health and welfare.
    (b) Contamination, such as by bacteria, which can be reduced to a 
safe level by the users boiling the water.
    (c) Confrontation with normal levels of impurities or contaminants 
in a drinking water source that does not pose substantial threat to the 
public health.
    (d) Contamination by natural intrusions over a period of time, which 
are known to be occurring and which may accumulate in sufficient 
concentrations to pose a future health threat, but which have not yet 
reached the level of a present hazard.
    (e) Loss or diminishing of a water source, due to such things as an 
earthquake or drought.

[[Page 200]]

    (f) Contamination of a drinking water source as a regular occurrence 
due to recurring events such as drought or flooding, when no corrective 
community action has yet been initiated.
    (g) Contamination which, while posing a substantial threat to health 
and welfare, can be corrected by local authorities, other Federal 
authorities, or other appropriate means before emergency supplies are 
deemed necessary.