
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300h-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
       Part C--Protection of Underground Sources of Drinking Water
 
Sec. 300h-2. Enforcement of program


(a) Notice to State and violator; issuance of administrative order; 
        civil action

    (1) Whenever the Administrator finds during a period during which a 
State has primary enforcement responsibility for underground water 
sources (within the meaning of section 300h-1(b)(3) of this title or 
section 300h-4(c) of this title) that any person who is subject to a 
requirement of an applicable underground injection control program in 
such State is violating such requirement, he shall so notify the State 
and the person violating such requirement. If beyond the thirtieth day 
after the Administrator's notification the State has not commenced 
appropriate enforcement action, the Administrator shall issue an order 
under subsection (c) of this section requiring the person to comply with 
such requirement or the Administrator shall commence a civil action 
under subsection (b) of this section.
    (2) Whenever the Administrator finds during a period during which a 
State does not have primary enforcement responsibility for underground 
water sources that any person subject to any requirement of any 
applicable underground injection control program in such State is 
violating such requirement, the Administrator shall issue an order under 
subsection (c) of this section requiring the person to comply with such 
requirement or the Administrator shall commence a civil action under 
subsection (b) of this section.

(b) Civil and criminal actions

    Civil actions referred to in paragraphs (1) and (2) of subsection 
(a) of this section shall be brought in the appropriate United States 
district court. Such court shall have jurisdiction to require compliance 
with any requirement of an applicable underground injection program or 
with an order issued under subsection (c) of this section. The court may 
enter such judgment as protection of public health may require. Any 
person who violates any requirement of an applicable underground 
injection control program or an order requiring compliance under 
subsection (c) of this section--
        (1) shall be subject to a civil penalty of not more than $25,000 
    for each day of such violation, and
        (2) if such violation is willful, such person may, in addition 
    to or in lieu of the civil penalty authorized by paragraph (1), be 
    imprisoned for not more than 3 years, or fined in accordance with 
    title 18, or both.

(c) Administrative orders

    (1) In any case in which the Administrator is authorized to bring a 
civil action under this section with respect to any regulation or other 
requirement of this part other than those relating to--
        (A) the underground injection of brine or other fluids which are 
    brought to the surface in connection with oil or natural gas 
    production, or
        (B) any underground injection for the secondary or tertiary 
    recovery of oil or natural gas,

the Administrator may also issue an order under this subsection either 
assessing a civil penalty of not more than $10,000 for each day of 
violation for any past or current violation, up to a maximum 
administrative penalty of $125,000, or requiring compliance with such 
regulation or other requirement, or both.
    (2) In any case in which the Administrator is authorized to bring a 
civil action under this section with respect to any regulation, or other 
requirement of this part relating to--
        (A) the underground injection of brine or other fluids which are 
    brought to the surface in connection with oil or natural gas 
    production, or
        (B) any underground injection for the secondary or tertiary 
    recovery of oil or natural gas,

the Administrator may also issue an order under this subsection either 
assessing a civil penalty of not more than $5,000 for each day of 
violation for any past or current violation, up to a maximum 
administrative penalty of $125,000, or requiring compliance with such 
regulation or other requirement, or both.
    (3)(A) An order under this subsection shall be issued by the 
Administrator after opportunity (provided in accordance with this 
subparagraph) for a hearing. Before issuing the order, the Administrator 
shall give to the person to whom it is directed written notice of the 
Administrator's proposal to issue such order and the opportunity to 
request, within 30 days of the date the notice is received by such 
person, a hearing on the order. Such hearing shall not be subject to 
section 554 or 556 of title 5, but shall provide a reasonable 
opportunity to be heard and to present evidence.
    (B) The Administrator shall provide public notice of, and reasonable 
opportunity to comment on, any proposed order.
    (C) Any citizen who comments on any proposed order under 
subparagraph (B) shall be given notice of any hearing under this 
subsection and of any order. In any hearing held under subparagraph (A), 
such citizen shall have a reasonable opportunity to be heard and to 
present evidence.
    (D) Any order issued under this subsection shall become effective 30 
days following its issuance unless an appeal is taken pursuant to 
paragraph (6).
    (4)(A) Any order issued under this subsection shall state with 
reasonable specificity the nature of the violation and may specify a 
reasonable time for compliance.
    (B) In assessing any civil penalty under this subsection, the 
Administrator shall take into account appropriate factors, including (i) 
the seriousness of the violation; (ii) the economic benefit (if any) 
resulting from the violation; (iii) any history of such violations; (iv) 
any good-faith efforts to comply with the applicable requirements; (v) 
the economic impact of the penalty on the violator; and (vi) such other 
matters as justice may require.
    (5) Any violation with respect to which the Administrator has 
commenced and is diligently prosecuting an action, or has issued an 
order under this subsection assessing a penalty, shall not be subject to 
an action under subsection (b) of this section or section 300h-3(c) or 
300j-8 of this title, except that the foregoing limitation on civil 
actions under section 300j-8 of this title shall not apply with respect 
to any violation for which--
        (A) a civil action under section 300j-8(a)(1) of this title has 
    been filed prior to commencement of an action under this subsection, 
    or
        (B) a notice of violation under section 300j-8(b)(1) of this 
    title has been given before commencement of an action under this 
    subsection and an action under section 300j-8(a)(1) of this title is 
    filed before 120 days after such notice is given.

    (6) Any person against whom an order is issued or who commented on a 
proposed order pursuant to paragraph (3) may file an appeal of such 
order with the United States District Court for the District of Columbia 
or the district in which the violation is alleged to have occurred. Such 
an appeal may only be filed within the 30-day period beginning on the 
date the order is issued. Appellant shall simultaneously send a copy of 
the appeal by certified mail to the Administrator and to the Attorney 
General. The Administrator shall promptly file in such court a certified 
copy of the record on which such order was imposed. The district court 
shall not set aside or remand such order unless there is not substantial 
evidence on the record, taken as a whole, to support the finding of a 
violation or, unless the Administrator's assessment of penalty or 
requirement for compliance constitutes an abuse of discretion. The 
district court shall not impose additional civil penalties for the same 
violation unless the Administrator's assessment of a penalty constitutes 
an abuse of discretion. Notwithstanding section 300j-7(a)(2) of this 
title, any order issued under paragraph (3) shall be subject to judicial 
review exclusively under this paragraph.
    (7) If any person fails to pay an assessment of a civil penalty--
        (A) after the order becomes effective under paragraph (3), or
        (B) after a court, in an action brought under paragraph (6), has 
    entered a final judgment in favor of the Administrator,

the Administrator may request the Attorney General to bring a civil 
action in an appropriate district court to recover the amount assessed 
(plus costs, attorneys' fees, and interest at currently prevailing rates 
from the date the order is effective or the date of such final judgment, 
as the case may be). In such an action, the validity, amount, and 
appropriateness of such penalty shall not be subject to review.
    (8) The Administrator may, in connection with administrative 
proceedings under this subsection, issue subpoenas compelling the 
attendance and testimony of witnesses and subpoenas duces tecum, and may 
request the Attorney General to bring an action to enforce any subpoena 
under this section. The district courts shall have jurisdiction to 
enforce such subpoenas and impose sanction.

(d) State authority to adopt or enforce laws or regulations respecting 
        underground injection unaffected

    Nothing in this subchapter shall diminish any authority of a State 
or political subdivision to adopt or enforce any law or regulation 
respecting underground injection but no such law or regulation shall 
relieve any person of any requirement otherwise applicable under this 
subchapter.

(July 1, 1944, ch. 373, title XIV, Sec. 1423, as added Pub. L. 93-523, 
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1677; amended Pub. L. 96-502, 
Sec. 2(b), Dec. 5, 1980, 94 Stat. 2738; Pub. L. 99-339, title II, 
Sec. 202, June 19, 1986, 100 Stat. 654.)


                               Amendments

    1986--Pub. L. 99-339, Sec. 202(d), substituted ``Enforcement'' for 
``Failure of State to assure enforcement'' in section catchline.
    Subsec. (a)(1). Pub. L. 99-339, Sec. 202(a)(1), substituted 
provisions which related to issuance of an order of compliance or 
commencement of a civil action by the Administrator if the State has not 
commenced enforcement against the violator for provisions directing the 
Administrator to give public notice and request that the State report 
within 15 days thereafter as to steps taken to enforce compliance and 
authorizing the Administrator to commence a civil action upon failure by 
the State to comply timely.
    Subsec. (a)(2). Pub. L. 99-339, Sec. 202(a)(2), substituted 
provision that the Administrator issue an order under subsec. (c) of 
this section or commence a civil action under subsec. (b) of this 
section for provision that he commence a civil action under subsec. 
(b)(1) of this section.
    Subsec. (b). Pub. L. 99-339, Sec. 202(b), amended subsec. (b) 
generally, substituting provisions relating to jurisdiction of the 
appropriate Federal district court, entry of judgment, civil penalty of 
$25,000 per day, criminal liability and fine for willful violation for 
provisions which related to judicial determinations in appropriate 
Federal district courts, civil penalties of $5,000 per day, and fines of 
$10,000 per day for willful violations.
    Subsecs. (c), (d). Pub. L. 99-339, Sec. 202(c), added subsec. (c) 
and redesignated former subsec. (c) as (d).
    1980--Subsec. (a)(1). Pub. L. 96-502 inserted reference to section 
300h-4(c) of this title.
