§300j–6 Federal agencies

Summary

Federal agencies that own or run facilities near drinking-water wells, run public water systems, do work that could pollute water, or use underground injection that could harm drinking water must follow these rules and can be penalized if they break them. The EPA Administrator can order a penalty up to $25,000 per day for each violation. Before a penalty is final, the agency gets a chance to meet with the Administrator and a hearing on the record under chapters 5 and 7 of title 5. Anyone can ask a U.S. district court in the District of Columbia or in the district where the violation happened to review the final order by filing a complaint within 30 days and sending copies to the Administrator and the Attorney General. The court will review the official record and may only overturn or add penalties under narrow legal standards. Money a State gets from federal penalties must be used only for projects that protect or improve the environment or to pay for environmental work, unless a State law or constitution in effect on August 6, 1996, says otherwise. Nothing here changes the status of American Indian lands, water rights, or tribal sovereignty. For this part of the law, an American Indian tribe is not treated as a "Federal agency," and the Secretary of the Interior acting as trustee for Indian lands is not treated as a "Federal agency." The Secretary of the Army may not pass any penalty cost on to customers of the Washington Aqueduct, including water from the Dalecarlia or McMillan plants.