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42 U.S.C. § 300iEmergency powers

submitted 82 years ago by Pub. L. 93-523 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 331 words · no verdicts yet

in plain englishAI-generated · not legal advice

If a contaminant threatens drinking water or terrorists threaten a water system, and states haven't acted, EPA can step in. EPA can order fixes, including alternate water supplies, and sue in court for restraining orders or injunctions. Anyone who violates an EPA order can be fined up to $15,000 per day.

(a) Emergency actions against imminent danger to health. Despite anything else in this subchapter, if the Administrator learns that a contaminant is in, or likely to get into, a public water system or an underground drinking water source — or that there's a threatened or possible terrorist attack or other intentional act meant to disrupt safe drinking water or harm its safety — and this may seriously and imminently endanger people's health, and state and local authorities haven't acted to protect people, the Administrator may take whatever action is necessary to protect their health. Where practical given the urgency, the Administrator must first consult with state and local authorities to confirm the facts and find out what they are or will be doing. The Administrator's possible actions include, but aren't limited to: (1) issuing orders necessary to protect the health of the system's users (including travelers), such as orders requiring people who caused or contributed to the danger to provide alternative water supplies; and (2) filing a civil lawsuit for appropriate relief, including a restraining order or a temporary or permanent injunction. (b) Penalties for violations. Anyone who violates, fails to comply with, or refuses to comply with an order the Administrator issued under subsection (a)(1) can, in a lawsuit brought to enforce that order in the right U.S. district court, face a civil penalty of up to $15,000 for each day the violation or failure continues.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (July 1, 1944, ch. 373, title XIV, § 1431, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1680; amended Pub. L. 99–339, title II, § 204, June 19, 1986, 100 Stat. 660; Pub. L. 104–182, title I, § 113(d), Aug. 6, 1996, 110 Stat. 1636; Pub. L. 107–188, title IV, § 403(2), June 12, 2002, 116 Stat. 687.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 93-523 · 88 Stat. 1680
  • 1986Amended · Pub. L. 99-339 · 100 Stat. 660
  • 1996Amended · Pub. L. 104-182 · 110 Stat. 1636
  • 2002Amended · Pub. L. 107-188 · 116 Stat. 687

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

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