[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR142.34]

[Page 656-657]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 142_NATIONAL PRIMARY DRINKING WATER REGULATIONS IMPLEMENTATION--Table of 
 
                      Subpart D_Federal Enforcement
 
Sec. 142.34  Entry and inspection of public water systems.

    (a) Any supplier of water or other person subject to a national 
primary drinking water regulation shall, at any time, allow the 
Administrator, or a designated representative of the Administrator, upon 
presenting appropriate credentials and a written notice of inspection, 
to enter any establishment, facility or other property of such supplier 
or other person to determine whether such supplier or other person has 
acted or is acting in compliance with the requirements of the Act or 
subchapter D of this chapter. Such inspection may include inspection, at 
reasonable times, of records, files, papers, processes, controls and 
facilities, or testing of any feature of a public water system, 
including its raw water source.
    (b) Prior to entry into any establishment, facility or other 
property within a State which has primary enforcement responsibility, 
the Administrator shall notify, in writing, the State agency charged 
with responsibility for safe drinking water of his intention to make 
such entry and shall include in his notification a statement of reasons 
for such entry. The Administrator shall, upon a showing by the State 
agency that such an entry will be detrimental to the administration of 
the State's program of primary enforcement responsibility, take such 
showing into consideration in determining whether to make such entry. 
The Administrator shall in any event offer the State agency the 
opportunity of having

[[Page 657]]

a representative accompany the Administrator or his representative on 
such entry.
    (c) No State agency which receives notice under paragraph (b) of 
this section may use the information contained in the notice to inform 
the person whose property is proposed to be entered of the proposed 
entry; if a State so uses such information, notice to the agency under 
paragraph (b) of this section is not required for subsequent inspections 
of public water systems until such time as the Administrator determines 
that the agency has provided him satisfactory assurances that it will no 
longer so use information contained in a notice received under paragraph 
(b) of this section.