§300j–23 — Title 42 The Public Health and Welfare | U.S. Code

Summary

The EPA must give public notice and a chance to comment, then make a list of every brand and model of drinking water cooler that is not lead free, including those with lead-lined tanks. The EPA had to publish that list within 100 days after October 31, 1988, and must keep gathering information and update the list when new facts come in. No one may sell or make for sale across state lines any cooler on that list or any cooler that is not lead free. Anyone who knowingly breaks this rule can be jailed for up to 5 years, fined under federal criminal law (Title 18), or both. The EPA can also sue in federal court and seek civil fines up to $5,000 for a violation, or $50,000 for a repeat violation.

Title 42, §300j–23

The Public Health and Welfare — Source: USLM XML via OLRC

(a)The Administrator shall, after notice and opportunity for public comment, identify each brand and model of drinking water cooler which is not lead free, including each brand and model of drinking water cooler which has a lead-lined tank. For purposes of identifying the brand and model of drinking water coolers under this subsection, the Administrator shall use the best information available to the Environmental Protection Agency. Within 100 days after October 31, 1988, the Administrator shall publish a list of each brand and model of drinking water cooler identified under this subsection. Such list shall separately identify each brand and model of cooler which has a lead-lined tank. The Administrator shall continue to gather information regarding lead in drinking water coolers and shall revise and republish the list from time to time as may be appropriate as new information or analysis becomes available regarding lead contamination in drinking water coolers.

(b)No person may sell in interstate commerce, or manufacture for sale in interstate commerce, any drinking water cooler listed under subsection (a) or any other drinking water cooler which is not lead free, including a lead-lined drinking water cooler.

(c)Any person who knowingly violates the prohibition contained in subsection (b) shall be imprisoned for not more than 5 years, or fined in accordance with title 18, or both.

(d)The Administrator may bring a civil action in the appropriate United States District Court (as determined under the provisions of title 28) to impose a civil penalty on any person who violates subsection (b). In any such action the court may impose on such person a civil penalty of not more than $5,000 ($50,000 in the case of a second or subsequent violation).

Editorial Notes

Amendments

1996—Pub. L. 104–182 made technical amendment to section catchline and subsec. (a) designation.

§300j–23 Drinking water coolers containing lead

Summary

Title 42, §300j–23

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata