42 U.S.C. § 300h–3 — Interim regulation of underground injections

submitted 82 years ago by Pub. L. 93-523 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 847 words · no verdicts yet

in plain englishAI-generated · not legal advice

Before a state's injection control program takes effect, EPA can bar new wells in sensitive aquifer areas. A new well may still run there if EPA grants a permit finding it won't contaminate drinking water. Violators can be fined up to $5,000 a day, or $10,000 a day if the violation is willful.

(a) Necessity for a well operation permit; designating sole-aquifer areas. (1) Anyone can petition the Administrator to designate an area of a state as one where no new underground injection well may operate — starting when the area is designated and ending when that area's UIC program takes effect — unless the Administrator has issued a permit under subsection (b). The Administrator may designate such an area if it has one aquifer that is the area's sole or main drinking water source, and contamination of it would be a real health danger. (2) After receiving a petition, the Administrator must publish it in the Federal Register and let the public submit written comments. Within 30 days of publishing the petition, the Administrator must either grant or deny the designation. (b) Well operation permits. (1) Once an area is designated under (a) and until its UIC program takes effect, no new injection well may operate there without an Administrator-issued permit. (2) Anyone may petition for such a permit, following the Administrator's required format. The Administrator must publish the petition in the Federal Register, give notice, and hold an agency hearing. The Administrator decides based on that hearing's record. Within 120 days of publishing the petition, the Administrator must issue or deny the permit. (3) The Administrator may issue the permit only if satisfied the well's operation won't contaminate the area's aquifer enough to be a real health danger, and may attach control-measure conditions to make sure of that. (c) Civil penalties. Anyone who operates a new injection well in violation of subsection (b) (1) faces a civil penalty of up to $5,000 per day of violation, or (2) if the violation is willful, may instead be fined up to $10,000 per day. If the Administrator believes someone is violating or about to violate subsection (b), the Administrator can ask a federal district court for a restraining order or injunction (including one that orders action, not just stops it). (d) "New underground injection well" — defined. This means a well whose operation wasn't approved by the appropriate state and federal agencies before December 16, 1974. (e) Sole-aquifer areas; federal funding freeze. If the Administrator decides — on the Administrator's own initiative or after a petition — that an area has an aquifer that is its sole or main drinking water source, and contamination would be a real health danger, the Administrator must publish that finding in the Federal Register. After that, no federal financial assistance (grants, contracts, loan guarantees, etc.) may go to any project the Administrator decides could contaminate that aquifer through its recharge zone enough to be a real health danger — though federal funds can still support planning or design work meant to prevent that contamination, if another law allows it.

the actual law source: uscode.house.gov ↗public domain

(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.

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.

Source credit: (July 1, 1944, ch. 373, title XIV, § 1424, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1678.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 93-523 · 88 Stat. 1678

A history note hasn’t been published yet. The record shows enactment by Pub. L. 93-523 on 1944-07-01.

all 0 arguments · sorted by: best

no arguments yet — make the first case