42 U.S.C. § 300j–6 — Federal agencies

submitted 82 years ago by Pub. L. 93-523 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,216 words · no verdicts yet

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Federal agencies that operate water systems must follow the same drinking water rules as everyone else. They can be fined, though the President may grant limited yearly exemptions. The EPA can penalize a violating federal agency up to $25,000 a day, subject to court review.

(a) General rule: Every federal department, agency, and part of government — executive, legislative, and judicial — that owns or runs a facility in a wellhead protection area, does anything there that could contaminate water supplies, owns or runs a public water system, or does anything that could let underground injection endanger drinking water, must follow every federal, state, interstate, and local rule about protecting wellhead areas, public water systems, and underground injection — the same way a private person would, including paying reasonable service charges (like permit fees, review fees, and inspection fees). This includes administrative orders and civil or administrative penalties, whether the violation was one-time, on and off, or ongoing. The United States gives up any immunity it would otherwise have from these rules, including from injunctions, orders, penalties, and fines, and no federal agent, employee, court, or officer is shielded from a court's power to enforce an injunction. No federal employee is personally on the hook for a civil penalty for something done as part of their official job, but a federal employee CAN face criminal penalties — fines or prison — under a rule adopted through this subchapter, even though the department or agency they work for cannot. The President can exempt a specific federal facility from these requirements if doing so serves the paramount interest of the United States — except the President can't grant an exemption just because Congress didn't provide the money, unless the President specifically asked for that money and Congress refused. Any exemption lasts at most 1 year, though it can be renewed a year at a time if the President makes a fresh determination each time. Every January, the President must report to Congress every exemption granted the year before, and why. (b) Penalties against federal agencies: If the EPA finds that a federal agency broke a rule under this subchapter, it can issue a penalty order against that agency, up to $25,000 per day per violation, after giving notice. Before the order becomes final, the EPA must let the agency discuss it and must give the agency notice and a hearing on the record. Anyone interested can challenge the order in federal district court — in Washington, D.C., or in the district where the violation happened — by filing a complaint within 30 days after the order becomes final, and sending a copy to the EPA and the Attorney General. The EPA must file the official record with the court. The court can only set aside or send back the order if the record doesn't have enough evidence to support the violation, or if the penalty amount was an abuse of discretion — and the court can't add an extra penalty unless the EPA's assessment itself was an abuse of discretion. (c) How states must spend penalty money: Unless a state's own law or constitution (as it stood on August 6, 1996) says otherwise, any money a state collects from the federal government through penalties or fines under subsection (a) must go only toward projects that improve or protect the environment, or toward the state's costs of environmental protection or enforcement. (d) Indian lands and defining "Federal agency": Nothing in the 1977 amendments to this law changes the status of American Indian lands or water rights, or gives up any sovereignty guaranteed by treaty or statute. And for this law, "Federal agency" does not include an American Indian tribe, or the Secretary of the Interior acting as trustee of Indian lands. (e) Washington Aqueduct: The Secretary of the Army can't pass the cost of any penalty under this subchapter on to the customers who buy drinking water from the Washington Aqueduct system, including water from the Dalecarlia or McMillan treatment plants.

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

(a) In general

Each department, agency, and instrumentality of the executive, legislative, and judicial branches of the Federal Government—

(1)

owning or operating any facility in a wellhead protection area;

(2)

engaged in any activity at such facility resulting, or which may result, in the contamination of water supplies in any such area;

(3)

owning or operating any public water system; or

(4)

engaged in any activity resulting, or which may result in, underground injection which endangers drinking water (within the meaning of section 300h(d)(2) of this title),

shall be subject to, and comply with, all Federal, State, interstate, and local requirements, both substantive and procedural (including any requirement for permits or reporting or any provisions for injunctive relief and such sanctions as may be imposed by a court to enforce such relief), respecting the protection of such wellhead areas, respecting such public water systems, and respecting any underground injection in the same manner and to the same extent as any person is subject to such requirements, including the payment of reasonable service charges. The Federal, State, interstate, and local substantive and procedural requirements referred to in this subsection include, but are not limited to, all administrative orders and all civil and administrative penalties and fines, regardless of whether such penalties or fines are punitive or coercive in nature or are imposed for isolated, intermittent, or continuing violations. The United States hereby expressly waives any immunity otherwise applicable to the United States with respect to any such substantive or procedural requirement (including, but not limited to, any injunctive relief, administrative order or civil or administrative penalty or fine referred to in the preceding sentence, or reasonable service charge). The reasonable service charges referred to in this subsection include, but are not limited to, fees or charges assessed in connection with the processing and issuance of permits, renewal of permits, amendments to permits, review of plans, studies, and other documents, and inspection and monitoring of facilities, as well as any other nondiscriminatory charges that are assessed in connection with a Federal, State, interstate, or local regulatory program respecting the protection of wellhead areas or public water systems or respecting any underground injection. Neither the United States, nor any agent, employee, or officer thereof, shall be immune or exempt from any process or sanction of any State or Federal Court 1 with respect to the enforcement of any such injunctive relief. No agent, employee, or officer of the United States shall be personally liable for any civil penalty under any Federal, State, interstate, or local law concerning the protection of wellhead areas or public water systems or concerning underground injection with respect to any act or omission within the scope of the official duties of the agent, employee, or officer. An agent, employee, or officer of the United States shall be subject to any criminal sanction (including, but not limited to, any fine or imprisonment) under any Federal or State requirement adopted pursuant to this subchapter, but no department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government shall be subject to any such sanction. The President may exempt any facility of any department, agency, or instrumentality in the executive branch from compliance with such a requirement if he determines it to be in the paramount interest of the United States to do so. No such exemption shall be granted due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. Any exemption shall be for a period not in excess of 1 year, but additional exemptions may be granted for periods not to exceed 1 year upon the President’s making a new determination. The President shall report each January to the Congress all exemptions from the requirements of this section granted during the preceding calendar year, together with his reason for granting each such exemption.

(b) Administrative penalty orders

(1) In general

If the Administrator finds that a Federal agency has violated an applicable requirement under this subchapter, the Administrator may issue a penalty order assessing a penalty against the Federal agency.

(2) Penalties

The Administrator may, after notice to the agency, assess a civil penalty against the agency in an amount not to exceed $25,000 per day per violation.

(3) Procedure

Before an administrative penalty order issued under this subsection becomes final, the Administrator shall provide the agency an opportunity to confer with the Administrator and shall provide the agency notice and an opportunity for a hearing on the record in accordance with chapters 5 and 7 of title 5.

(4) Public review

(A) In general

Any interested person may obtain review of an administrative penalty order issued under this subsection. The review may be obtained in the United States District Court for the District of Columbia or in the United States District Court for the district in which the violation is alleged to have occurred by the filing of a complaint with the court within the 30-day period beginning on the date the penalty order becomes final. The person filing the complaint shall simultaneously send a copy of the complaint by certified mail to the Administrator and the Attorney General.

(B) Record

The Administrator shall promptly file in the court a certified copy of the record on which the order was issued.

The court shall not set aside or remand the order unless the court finds that there is not substantial evidence in the record, taken as a whole, to support the finding of a violation or that the assessment of the penalty by the Administrator constitutes an abuse of discretion.

(D) Prohibition on additional penalties

The court may not impose an additional civil penalty for a violation that is subject to the order unless the court finds that the assessment constitutes an abuse of discretion by the Administrator.

Unless a State law in effect on August 6, 1996, or a State constitution requires the funds to be used in a different manner, all funds collected by a State from the Federal Government from penalties and fines imposed for violation of any substantive or procedural requirement referred to in subsection (a) shall be used by the State only for projects designed to improve or protect the environment or to defray the costs of environmental protection or enforcement.

(d) Indian rights and sovereignty as unaffected; “Federal agency” defined

(1)

Nothing in the Safe Drinking Water Amendments of 1977 shall be construed to alter or affect the status of American Indian lands or water rights nor to waive any sovereignty over Indian lands guaranteed by treaty or statute.

(2)

For the purposes of this chapter, the term “Federal agency” shall not be construed to refer to or include any American Indian tribe, nor to the Secretary of the Interior in his capacity as trustee of Indian lands.

(e) Washington Aqueduct

The Secretary of the Army shall not pass the cost of any penalty assessed under this subchapter on to any customer, user, or other purchaser of drinking water from the Washington Aqueduct system, including finished water from the Dalecarlia or McMillan treatment plant.

Source credit: (July 1, 1944, ch. 373, title XIV, § 1447, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1688; amended Pub. L. 95–190, § 8(a), (d), Nov. 16, 1977, 91 Stat. 1396, 1397; Pub. L. 104–182, title I, § 129(a), (c), Aug. 6, 1996, 110 Stat. 1660, 1662.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 93-523 · 88 Stat. 1688
1977Amended · Pub. L. 95-190 · 91 Stat. 1396, 1397
1996Amended · Pub. L. 104-182 · 110 Stat. 1660, 1662

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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