40 C.F.R. § 141.70

General requirements

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(a) The requirements of this subpart H constitute national primary drinking water regulations. These regulations establish criteria under which filtration is required as a treatment technique for public water systems supplied by a surface water source and public water systems supplied by a ground water source under the direct influence of surface water. In addition, these regulations establish treatment technique requirements in lieu of maximum contaminant levels for the following contaminants: Giardia lamblia, viruses, heterotrophic plate count bacteria, Legionella, and turbidity. Each public water system with a surface water source or a ground water source under the direct influence of surface water must provide treatment of that source water that complies with these treatment technique requirements. The treatment technique requirements consist of installing and properly operating water treatment processes which reliably achieve:

(1) At least 99.9 percent (3-log) removal and/or inactivation of Giardia lamblia cysts between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer; and

(2) At least 99.99 percent (4-log) removal and/or inactivation of viruses between a point where the raw water is not subject to recontamination by surface water runoff and a point downstream before or at the first customer.

(b) A public water system using a surface water source or a ground water source under the direct influence of surface water is considered to be in compliance with the requirements of paragraph (a) of this section if:

(1) It meets the requirements for avoiding filtration in § 141.71 and the disinfection requirements in § 141.72(a); or

(2) It meets the filtration requirements in § 141.73 and the disinfection requirements in § 141.72(b).

(c) Each public water system using a surface water source or a ground water source under the direct influence of surface water must be operated by qualified personnel who meet the requirements specified by the State.

(d) Additional requirements for systems serving at least 10,000 people. In addition to complying with requirements in this subpart, systems serving at least 10,000 people must also comply with the requirements in subpart P of this part.

(e) Additional requirements for systems serving fewer than 10,000 people. In addition to complying with requirements in this subpart, systems serving fewer than 10,000 people must also comply with the requirements in subpart T of this part.

[54 FR 27527, June 29, 1989, as amended at 63 FR 69516, Dec. 16, 1998; 67 FR 1836, Jan. 14, 2002]

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1998–2023 · leading case: Catskill Mountains Chapter of Trout Unlimited, Inc. v. United States Env't Prot. Agency, 846 F.3d 492 (2d Cir. 2017).

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Catskill Mountains Chapter of Trout Unlimited, Inc. v. United States Env't Prot. Agency, 846 F.3d 492 (2d Cir. 2017). “, and the Surface Water Treatment Rule, 40 C.F.R. § 141.70 et seq.y, the Federal Energy Regulatory Commission’s, regulatory scheme for non-federal hydropower dams; state permitting programs that have more stringent requirements than the NPDES program, see 33 U.”

United States of Am., Plaintiff-Appellant(98-6609/6633)/cross-Appellee v. John David White, 270 F.3d 356 (6th Cir. 2001). “13 , distinguish turbidity from other contaminants in a number of other respects, see 40 C.F.R. § 141.70 (a); 40 C.F.R. Ch. I, Subpt.”

United States v. Massachusetts Water Resources Auth., 256 F.3d 36 (1st Cir. 2001). · cites it 2× “On June 29,1989, pursuant to this statutory command, the EPA promulgated the Surface Water Treatment Rule (SWTR or Rule), 40 C.F.R. §§ 141.70 -.73. The SWTR focuses on public systems that draw their water in some measure from above-ground sources.”

United States v. Massachusetts Water Resources Auth., 48 F. Supp. 2d 65 (D. Mass. 1999). · cites it 2× “See 40 C.F.R. § 141.70 et seq. The EPA concluded that it was not feasible to establish MCLs for Giardia lamblia, viruses, heterotrophic plate count bacteria, and Le-gionella, the principal contaminants affecting municipal water supplies.”

United States v. City of New York, 30 F. Supp. 2d 325 (E.D.N.Y 1998). · cites it 2× “§ 300g-3(b), to enforce *326 the Surface Water Treatment Rule (“SWTR”), 40 C.F.R. § 141.70 et seq.; and to enforce the parallel provisions of the State Sanitary Code (“SSC”), 10 N.”

United States v. Massachusetts Water Resources Auth., 97 F. Supp. 2d 155 (D. Mass. 2000). · cites it 3× “See 40 C.F.R. § 141.70 et seq. The EPA concluded that it was not feasible to establish MCLs for Giardia larnb-lia, viruses, heterotrophic bacteria, and Legionella, the contaminants that had been identified as presenting the most significant risks to the public health.”

Matter of Catskill Watershed Corp. v. Assessor of the Town of Middletown, 2023 NY Slip Op 03055 (N.Y. App. Div. 2023). “) and the Surface Water Treatment Rules (40 CFR 141.70 et seq. ), which obligated the City to either filter the surface water before distribution or apply for a waiver through a filtration avoidance determination (hereinafter FAD) to avoid building a multi-billion dollar…”

United States v. MWRA, 256 F.3d 36 (1st Cir. 2001). “On June 29, 1989, pursuant to this statutory command, the EPA promulgated the Surface Water Treatment Rule (SWTR or Rule), 40 C.F.R. §§ 141.70 -.73. The SWTR focuses on public systems that draw their water in some measure from above-ground sources.”

Catskill Mountains Chapter of Trout Unlimited, Inc. v. EPA (Catskill III) (2d Cir. 2017). “, and the Surface Water Treatment 12 Rule, 40 C.F.R. § 141.70 et seq.); the Federal Energy Regulatory Commissionʹs 13 regulatory scheme for non‐federal hydropower dams; state permitting programs 14 that have more stringent requirements than the NPDES program, see 33 U.”

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