Title 42, The Public Health and WelfareRelease 119-110

§300h–3 Interim Regulation of Underground Injections

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XII — SAFETY OF PUBLIC WATER SYSTEMS › Part C — Protection of Underground Sources of Drinking Water › § 300h–3

Last updated Sep 22, 2026|Official source

Summary

People can ask the Administrator to stop any new underground injection well from operating in a part of a state if that area depends on one aquifer for drinking water and contamination would be a big health risk. The Administrator must publish the petition in the Federal Register, take public comments, and decide within 30 days whether to make the area a no-new-well zone. While the zone is in effect, no new well may operate there unless the Administrator issues a permit. Anyone can apply for a permit, which must be published and can have a hearing. The Administrator must decide on a permit within 120 days and can only approve it if the well will not contaminate the aquifer in a way that creates a serious health hazard. The permit can include required controls to protect the aquifer. If someone runs a new underground injection well without the required permit, they can be fined up to $5,000 for each day of the violation. If the violation is willful, the fine can be up to $10,000 per day instead. The Administrator can ask a court for a temporary order or injunction to stop or prevent violations. A "new underground injection well" means one that was not approved by the right state and federal agencies before December 16, 1974. The Administrator can also publish a finding about a single-aquifer area and then stop federal funding for projects that might contaminate that aquifer, except for planning or design funds if another law allows it.

Full Legal Text

Title 42, §300h–3

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

(a)Necessity for well operation permit; designation of one aquifer areas

(1)Any person may petition the Administrator to have an area of a State (or States) designated as an area in which no new underground injection well may be operated during the period beginning on the date of the designation and ending on the date on which the applicable underground injection control program covering such area takes effect unless a permit for the operation of such well has been issued by the Administrator under subsection (b). The Administrator may so designate an area within a State if he finds that the area has one aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create a significant hazard to public health.

(2)Upon receipt of a petition under paragraph (1) of this subsection, the Administrator shall publish it in the Federal Register and shall provide an opportunity to interested persons to submit written data, views, or arguments thereon. Not later than the 30th day following the date of the publication of a petition under this paragraph in the Federal Register, the Administrator shall either make the designation for which the petition is submitted or deny the petition.

(b)Well operation permits; publication in Federal Register; notice and hearing; issuance or denial; conditions for issuance

(1)During the period beginning on the date an area is designated under subsection (a) and ending on the date the applicable underground injection control program covering such area takes effect, no new underground injection well may be operated in such area unless the Administrator has issued a permit for such operation.

(2)Any person may petition the Administrator for the issuance of a permit for the operation of such a well in such an area. A petition submitted under this paragraph shall be submitted in such manner and contain such information as the Administrator may require by regulation. Upon receipt of such a petition, the Administrator shall publish it in the Federal Register. The Administrator shall give notice of any proceeding on a petition and shall provide opportunity for agency hearing. The Administrator shall act upon such petition on the record of any hearing held pursuant to the preceding sentence respecting such petition. Within 120 days of the publication in the Federal Register of a petition submitted under this paragraph, the Administrator shall either issue the permit for which the petition was submitted or shall deny its issuance.

(3)The Administrator may issue a permit for the operation of a new underground injection well in an area designated under subsection (a) only, if he finds that the operation of such well will not cause contamination of the aquifer of such area so as to create a significant hazard to public health. The Administrator may condition the issuance of such a permit upon the use of such control measures in connection with the operation of such well, for which the permit is to be issued, as he deems necessary to assure that the operation of the well will not contaminate the aquifer of the designated area in which the well is located so as to create a significant hazard to public health.

(c)Civil penalties; separate violations; penalties for willful violations; temporary restraining order or injunction

Any person who operates a new underground injection well in violation of subsection (b), (1) shall be subject to a civil penalty of not more than $5,000 for each day in which such violation occurs, or (2) if such violation is willful, such person may, in lieu of the civil penalty authorized by clause (1), be fined not more than $10,000 for each day in which such violation occurs. If the Administrator has reason to believe that any person is violating or will violate subsection (b), he may petition the United States district court to issue a temporary restraining order or injunction (including a mandatory injunction) to enforce such subsection.

(d)“New underground injection well” defined

For purposes of this section, the term “new underground injection well” means an underground injection well whose operation was not approved by appropriate State and Federal agencies before December 16, 1974.

(e)Areas with one aquifer; publication in Federal Register; commitments for Federal financial assistance

If the Administrator determines, on his own initiative or upon petition, that an area has an aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create a significant hazard to public health, he shall publish notice of that determination in the Federal Register. After the publication of any such notice, no commitment for Federal financial assistance (through a grant, contract, loan guarantee, or otherwise) may be entered into for any project which the Administrator determines may contaminate such aquifer through a recharge zone so as to create a significant hazard to public health, but a commitment for Federal financial assistance may, if authorized under another provision of law, be entered into to plan or design the project to assure that it will not so contaminate the aquifer.

Reference

Citations & Metadata

Citation

42 U.S.C. § 300h–3

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110