
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: 42USC300i]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                        Part D--Emergency Powers
 
Sec. 300i. Emergency powers


(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 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) of this section 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.

(July 1, 1944, ch. 373, title XIV, Sec. 1431, as added Pub. L. 93-523, 
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1680; amended Pub. L. 99-339, title 
II, Sec. 204, June 19, 1986, 100 Stat. 660; Pub. L. 104-182, title I, 
Sec. 113(d), Aug. 6, 1996, 110 Stat. 1636.)


                               Amendments

    1996--Subsec. (b). Pub. L. 104-182 substituted ``$15,000'' for 
``$5,000''.
    1986--Subsec. (a). Pub. L. 99-339, Sec. 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, Sec. 204(3), struck out ``willfully'' 
after ``person who'' and substituted ``subject to a civil penalty of not 
to exceed'' for ``fined not more than''.

                  Section Referred to in Other Sections

    This section is referred to in sections 7412, 9606 of this title.
