Enforcement

Congress enacted the Safe Drinking Water Act (SDWA) in 1974 to address the contamination of drinking water sources. The Environmental Protection Agency (EPA) has the authority to establish the National Primary Drinking Water Regulations to prevent the contamination of drinking water. The rules enacted by EPA under the SDWA apply to drinking water delivered by water systems that meet the definition of a public water system.

A public water system is defined at 40 CFR 141.2, in the Code of Federal Regulations and in the Maine Rules Relating to Drinking Water at 10-144E Chapter 231 Section 2. By this definition a public water system delivers water through a set of pipes for human consumption and has at least 15 service connections, or regularly serves at least 25 residents for 60 or more days per year.

Public water systems are divided into 3 categories:

Community Water System: A public water system that serves water to the public through 15 service connections or regularly serves at least 25 people year-round.

Non-transient Non-community Water System: A public water system which regularly serves the same 25 or more people for six months or more per year. Schools, factories, industrial parks and office buildings are examples.

Transient Non-community Water Systems: A public water system that serves at least 25 people, but not necessarily the same people, for at least 60 days per year. Examples are highway rest stops, seasonal restaurants, seasonal motels, golf courses, parks, campgrounds and bottled water companies.

Under the SDWA, the EPA is authorized to establish the National Primary Drinking Water Regulations (NPDWRs) to prevent the contamination of drinking water. The purpose of the NPDWRs is to regulate contaminants that are harmful to the public health. These regulations establish both the Maximum Contaminant Level (MCL) and the Maximum Contaminant Level Goals (MCLGs). The MCL sets the limit for contamination in drinking water that a public water system may provide to the public. Failing to be under the MCL results in enforcement action by the Primacy Agency. The MCLGs is unenforceable but provides a guideline for water systems to meet.

Because the EPA has granted primacy to the State of Maine for these federal regulations, the enforcement of the SDWA is the responsibility of the State. If, however, the State fails to properly enforce the regulations, the EPA can and will step in and enforce the laws accordingly. To enforce the SDWA, Congress provides the necessary public funds to the State. The State of Maine and the EPA will continue to work together ensuring that the people of Maine have safe drinking water.

For more information, contact Tera Pare at (207) 287-5680 or Dawn Abbott at (207) 287-6471.

DWP INFORMATION

Enforcement