40 CFR § 141.5 - Siting requirements.

---
identifier: "/us/cfr/t40/s141.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 141.5 - Siting requirements."
title_number: 40
title_name: "Protection of Environment"
section_number: "141.5"
section_name: "Siting requirements."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "D"
subchapter_name: "WATER PROGRAMS"
part_number: "141"
part_name: "NATIONAL PRIMARY DRINKING WATER REGULATIONS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-4, 300j-9, and 300j-11."
regulatory_source: "40 FR 59570, Dec. 24, 1975, unless otherwise noted."
cfr_part: "141"
---


# 141.5 Siting requirements.

Before a person may enter into a financial commitment for or initiate construction of a new public water system or increase the capacity of an existing public water system, he shall notify the State and, to the extent practicable, avoid locating part or all of the new or expanded facility at a site which:

(a) Is subject to a significant risk from earthquakes, floods, fires or other disasters which could cause a breakdown of the public water system or a portion thereof; or

(b) Except for intake structures, is within the floodplain of a 100-year flood or is lower than any recorded high tide where appropriate records exist. The U.S. Environmental Protection Agency will not seek to override land use decisions affecting public water systems siting which are made at the State or local government levels.