33 CFR 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.
(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.