PRIA, Government Policy, Made Personal

Summary

When the EPA Administrator finds that a contaminant is in, or likely to enter, a public water system or an underground source of drinking water, or that a threatened or intentional attack could make drinking water unsafe and put people’s health at immediate risk, and state or local officials have not acted, the Administrator may do whatever is needed to protect people’s health. The Administrator must try to check with state and local officials when possible. Actions can include ordering steps to protect users (including travelers), making those who caused the danger provide alternative water, and starting civil court actions like restraining orders or injunctions. If someone disobeys an order from the Administrator, a court can fine them up to $15,000 for each day they keep violating it.

Title 42, §300i

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

(a)Actions authorized against imminent and substantial endangerment to health

Notwithstanding any other provision of this subchapter the Administrator, upon receipt of information that a contaminant which is present in or is likely to enter a public water system or an underground source of drinking water, or that there is a threatened or potential terrorist attack (or other intentional act designed to disrupt the provision of safe drinking water or to impact adversely the safety of drinking water supplied to communities and individuals), which may present an imminent and substantial endangerment to the health of persons, and that appropriate State and local authorities have not acted to protect the health of such persons, may take such actions as he may deem necessary in order to protect the health of such persons. To the extent he determines it to be practicable in light of such imminent endangerment, he shall consult with the State and local authorities in order to confirm the correctness of the information on which action proposed to be taken under this subsection is based and to ascertain the action which such authorities are or will be taking. The action which the Administrator may take may include (but shall not be limited to) (1) issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), including orders requiring the provision of alternative water supplies by persons who caused or contributed to the endangerment, and (2) commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction.

(b)Penalties for violations; separate offenses

Any person who violates or fails or refuses to comply with any order issued by the Administrator under subsection (a)(1) may, in an action brought in the appropriate United States district court to enforce such order, be subject to a civil penalty of not to exceed $15,000 for each day in which such violation occurs or failure to comply continues.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–188, in first sentence, inserted “, or that there is a threatened or potential terrorist attack (or other intentional act designed to disrupt the provision of safe drinking water or to impact adversely the safety of drinking water supplied to communities and individuals), which” after “drinking water”. 1996—Subsec. (b). Pub. L. 104–182 substituted “$15,000” for “$5,000”. 1986—Subsec. (a). Pub. L. 99–339, § 204(1), (2), inserted “or an underground source of drinking water” after “to enter a public water system” and “including orders requiring the provision of alternative water supplies by persons who caused or contributed to the endangerment,” after “including travelers),”. Subsec. (b). Pub. L. 99–339, § 204(3), struck out “willfully” after “person who” and substituted “subject to a civil penalty of not to exceed” for “fined not more than”.

§300i Emergency Powers

Summary

Title 42, §300i

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata