
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: 42USC300j-6]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                       Part E--General Provisions
 
Sec. 300j-6. Federal agencies


(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.
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    \1\ So in original. Probably should not be capitalized.
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(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.

        (C) Standard of review

            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.

(c) Limitation on State use of funds collected from Federal Government

    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) of this section 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.

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

                       References in Text

    The Safe Drinking Water Amendments of 1977, referred to in subsec. 
(d)(1), is Pub. L. 95-190, Nov. 16, 1977, 91 Stat. 1393. For complete 
classification of this Act to the Code, see Short Title of 1977 
Amendment note set out under section 201 of this title and Tables.


                               Amendments

    1996--Subsecs. (a) to (d). Pub. L. 104-182, Sec. 129(a), added 
subsecs. (a) to (c), redesignated former subsec. (c) as (d), and struck 
out former subsecs. (a) and (b) which related to compliance by Federal 
agencies with Federal, State, and local requirements respecting 
provision of safe drinking water and respecting underground injection 
programs, liability for civil penalties, and waiver of compliance 
requirements when necessary in interest of national security.
    Subsec. (e). Pub. L. 104-182, Sec. 129(c), added subsec. (e).
    1977--Subsec. (a). Pub. L. 95-190, Sec. 8(a), substituted provisions 
relating to compliance by Federal agencies having jurisdiction over 
federally owned or maintained public water systems, or engaged in 
underground injection activities with Federal, State, and local 
requirements, etc., for provisions relating to compliance by Federal 
agencies having jurisdiction over federally owned or maintained public 
water systems with national primary drinking water regulations.
    Subsec. (c). Pub. L. 95-190, Sec. 8(d), added subsec. (c).

                  Section Referred to in Other Sections

    This section is referred to in sections 300h, 300j-8 of this title.
