
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-7]

 
                 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-7. Judicial review


(a) Courts of appeals; petition for review: actions respecting 
        regulations; filing period; grounds arising after expiration of 
        filing period; exclusiveness of remedy

    A petition for review of--
        (1) actions pertaining to the establishment of national primary 
    drinking water regulations (including maximum contaminant level 
    goals) may be filed only in the United States Court of Appeals for 
    the District of Columbia circuit; and
        (2) any other final action of the Administrator under this 
    chapter may be filed in the circuit in which the petitioner resides 
    or transacts business which is directly affected by the action.

Any such petition shall be filed within the 45-day period beginning on 
the date of the promulgation of the regulation or any other final Agency 
action with respect to which review is sought or on the date of the 
determination with respect to which review is sought, and may be filed 
after the expiration of such 45-day period if the petition is based 
solely on grounds arising after the expiration of such period. Action of 
the Administrator with respect to which review could have been obtained 
under this subsection shall not be subject to judicial review in any 
civil or criminal proceeding for enforcement or in any civil action to 
enjoin enforcement. In any petition concerning the assessment of a civil 
penalty pursuant to section 300g-3(g)(3)(B) of this title, the 
petitioner shall simultaneously send a copy of the complaint by 
certified mail to the Administrator and the Attorney General. The court 
shall set aside and remand the penalty order if the court finds that 
there is not substantial evidence in the record to support the finding 
of a violation or that the assessment of the penalty by the 
Administrator constitutes an abuse of discretion.

(b) District courts; petition for review: actions respecting variances 
        or exemptions; filing period; grounds arising after expiration 
        of filing period; exclusiveness of remedy

    The United States district courts shall have jurisdiction of actions 
brought to review (1) the granting of, or the refusing to grant, a 
variance or exemption under section 300g-4 or 300g-5 of this title or 
(2) the requirements of any schedule prescribed for a variance or 
exemption under such section or the failure to prescribe such a 
schedule. Such an action may only be brought upon a petition for review 
filed with the court within the 45-day period beginning on the date the 
action sought to be reviewed is taken or, in the case of a petition to 
review the refusal to grant a variance or exemption or the failure to 
prescribe a schedule, within the 45-day period beginning on the date 
action is required to be taken on the variance, exemption, or schedule, 
as the case may be. A petition for such review may be filed after the 
expiration of such period if the petition is based solely on grounds 
arising after the expiration of such period. Action with respect to 
which review could have been obtained under this subsection shall not be 
subject to judicial review in any civil or criminal proceeding for 
enforcement or in any civil action to enjoin enforcement.

(c) Judicial order for additional evidence before Administrator; 
        modified or new findings; recommendation for modification or 
        setting aside of original determination

    In any judicial proceeding in which review is sought of a 
determination under this subchapter required to be made on the record 
after notice and opportunity for hearing, if any party applies to the 
court for leave to adduce additional evidence and shows to the 
satisfaction of the court that such additional evidence is material and 
that there were reasonable grounds for the failure to adduce such 
evidence in the proceeding before the Administrator, the court may order 
such additional evidence (and evidence in rebuttal thereof) to be taken 
before the Administrator, in such manner and upon such term and 
conditions as the court may deem proper. The Administrator may modify 
his findings as to the facts, or make new findings, by reason of the 
additional evidence so taken, and he shall file such modified or new 
findings, and his recommendation, if any, for the modification or 
setting aside of his original determination, with the return of such 
additional evidence.

(July 1, 1944, ch. 373, title XIV, Sec. 1448, as added Pub. L. 93-523, 
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1689; amended Pub. L. 99-339, title 
III, Sec. 303, June 19, 1986, 100 Stat. 667; Pub. L. 104-182, title I, 
Sec. 113(c), Aug. 6, 1996, 110 Stat. 1636.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-182, Sec. 113(c)(2), (3), in 
concluding provisions, substituted ``or any other final Agency action'' 
for ``or issuance of the order'' and inserted at end ``In any petition 
concerning the assessment of a civil penalty pursuant to section 300g-
3(g)(3)(B) of this title, the petitioner shall simultaneously send a 
copy of the complaint by certified mail to the Administrator and the 
Attorney General. The court shall set aside and remand the penalty order 
if the court finds that there is not substantial evidence in the record 
to support the finding of a violation or that the assessment of the 
penalty by the Administrator constitutes an abuse of discretion.''
    Subsec. (a)(2). Pub. L. 104-182, Sec. 113(c)(1), substituted ``any 
other final action'' for ``any other action''.
    1986--Subsec. (a)(1). Pub. L. 99-339, Sec. 303(1), amended par. (1) 
generally. Prior to amendment, par. (1) read as follows: ``action of the 
Administrator in promulgating any national primary drinking water 
regulation under section 300g-1 of this title, any regulation under 
section 300g-2(b)(1) of this title, any regulation under section 300g-
3(c) of this title, any regulation for State underground injection 
control programs under section 300h of this title, or any general 
regulation for the administration of this subchapter may be filed only 
in the United States Court of Appeals for the District of Columbia 
Circuit; and''.
    Subsec. (a)(2). Pub. L. 99-339, Sec. 303(2), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``action of the 
Administrator in promulgating any other regulation under this 
subchapter, issuing any order under this subchapter, or making any 
determination under this subchapter may be filed only in the United 
States court of appeals for the appropriate circuit.''

                  Section Referred to in Other Sections

    This section is referred to in sections 300g-1, 300h-2, 300j-8 of 
this title.
