U.S. Code » Title 42 » Chapter CHAPTER 6A— PUBLIC HEALTH SERVICE › Subchapter SUBCHAPTER XII— SAFETY OF PUBLIC WATER SYSTEMS › Part Part D— Emergency Powers

42 U.S.C. § 300i

Emergency powers

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(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, or that there is a threatened or potential terrorist attack (or other intentional act designed to disrupt the provision of safe drinking water or to impact adversely the safety of drinking water supplied to communities and individuals), which 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) 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, § 1431, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1680; amended Pub. L. 99–339, title II, § 204, June 19, 1986, 100 Stat. 660; Pub. L. 104–182, title I, § 113(d), Aug. 6, 1996, 110 Stat. 1636; Pub. L. 107–188, title IV, § 403(2), June 12, 2002, 116 Stat. 687.)Editorial NotesAmendments

2002—Subsec. (a). Pub. L. 107–188, in first sentence, inserted “, or that there is a threatened or potential terrorist attack (or other intentional act designed to disrupt the provision of safe drinking water or to impact adversely the safety of drinking water supplied to communities and individuals), which” after “drinking water”.

1996—Subsec. (b). Pub. L. 104–182 substituted “$15,000” for “$5,000”.

1986—Subsec. (a). Pub. L. 99–339, § 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, § 204(3), struck out “willfully” after “person who” and substituted “subject to a civil penalty of not to exceed” for “fined not more than”.

Notes of Decisions
Cited in 37 cases (9 in the last 5 years), 1976–2026 · leading case: United States v. Price
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United States v. Price (1981) njd · cites it 4× “The action was brought pursuant to section 1431 of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300i, section 7003 .of the Resource Conservation and Recovery Act (“RCRA”), 42 U.”
Trinity American Corporation v. The United States Environmental Protection Agency (1998) ca4 · cites it 6× “42 U.S.C.A. § 300i(a). Thus, EPA may exercise its emergency powers “notwithstanding any other provision” in the Act.”
AIU Insurance v. Superior Court (1990) cal “§ 1364 (a); Safe Drinking Water Act, 42 U.S.C. § 300i(a); Hazardous Substance Account Act, Health & Saf.”
Maine People's Alliance & Natural Resources Defense Council v. Mallinckrodt, Inc. (2006) ca1 “36 (citing 42 U.S.C. § 300i). We also note that statutes referenced in Ethyl Corp.”
W.R. Grace & Co. v. United States Environmental Protection Agency (2001) ca3 · cites it 2× “(“Grace”) pursuant to the emergency provisions of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300i(a). Case No. 00-3302 is also a petition for review, this time of a Statement of Work Grace was required to submit under the EPA’s July 29 Order.”
Ethyl Corp. v. Environmental Protection Agency (1976) cadc “IV 1974); 42 U.S.C. § 300i(a); id. § 1857c-10(b); id.”
United States of America, Plaintiff-Appellant(98-6609/6633)/cross-Appellee v. John David White (2001) ca6 “§ 300g 3(a), (b), (g) (West 1999) (granting EPA Administrator authority to issue civil compliance order or commence civil action should the state with primary enforcement authority fail to commence appropriate enforcement action); 42 U.S.C. § 300i(a), (b) (granting Administrator…”
United States v. Northeastern Pharmaceutical & Chemical Co. (1984) mowd “This may be explained by the fact that all prior major environmental legislation: Section 1431 of the Safe Drinking Water Act, 42 U.S.C. § 300i(a) (1976); Section 504(a) of the Clean Water Act, 33 U.”
United States v. Rohm and Haas Company Rohm and Haas Delaware Valley, Inc. Chemical Properties, Inc. Bristol Township Au (1993) ca3 “§ 1321 (e) (1988); Safe Drinking Water Act § 1431, 42 U.S.C. § 300i (1988). . The definition of removal includes certain action taken under the Disaster Relief and Emergency Assistance Act as well as action taken under CERCLA § 104(b).”
United States v. Reilly Tar & Chemical Corp. (1982) mnd “See Section 1431 of the Safe Drinking Water Act, 42 U.S.C. § 300i(a) (1976); Section 504(a) of the Clean Water Act, 33 U.”
Burgess v. United States (2019) mied · cites it 2× “42 U.S.C. § 300i. The EPA has enacted regulations pursuant to the SDWA setting forth primacy States' obligations and the EPA's oversight and responsibilities.”
United States v. Waste Industries (1982) nced · cites it 2× “, 42 U.S.C. § 300i (the Safe Drinking Water Act); 33 U.”
Show all 37 citing cases →
— 42 U.S.C. § 300i(a) — 16 cases
Trinity American Corporation v. The United States Environmental Protection Agency (1998) ca4 “42 U.S.C.A. § 300i(a). Thus, EPA may exercise its emergency powers “notwithstanding any other provision” in the Act.”
United States v. Price (1981) njd “The action was brought pursuant to section 1431 of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300i, section 7003 .of the Resource Conservation and Recovery Act (“RCRA”), 42 U.”
AIU Insurance v. Superior Court (1990) cal “§ 1364 (a); Safe Drinking Water Act, 42 U.S.C. § 300i(a); Hazardous Substance Account Act, Health & Saf.”
W.R. Grace & Co. v. United States Environmental Protection Agency (2001) ca3 “(“Grace”) pursuant to the emergency provisions of the Safe Drinking Water Act (“SDWA”), 42 U.S.C. § 300i(a). Case No. 00-3302 is also a petition for review, this time of a Statement of Work Grace was required to submit under the EPA’s July 29 Order.”
Ethyl Corp. v. Environmental Protection Agency (1976) cadc “IV 1974); 42 U.S.C. § 300i(a); id. § 1857c-10(b); id.”
— 42 U.S.C. § 300i(a)(2) — 1 case
United States v. City of North Adams, MA (1991) mad
— 42 U.S.C. § 300i(a)(l) — 1 case
Imperial Irrigation District v. United States Environmental Protection Agency (1993) ca9
— 42 U.S.C. § 300i(b) — 1 case
United States v. Range Production Co. (2011) txnd
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.