855 



§ 300h-2. Failure of State to assure enforcement of 

 program. 



(a) Notice to State and violator; public notice; ci%il 

 action, conditions. 



(1) Whenever the Administrator finds during a 

 period during which a State has primary enforce- 

 ment responsibihty for underground water sources 

 (within the meaning of section 300h-l(b)(3) of 

 this title) that any person who is subject to a re- 

 quirement of an applicable undarground injection 

 control program in such State is violating such re- 

 quirement, he shall so notify the State and the per- 

 son violating such requirement. If the Administra- 

 tor finds such failure to comply extends biyond the 

 thirtieth day after the date of such notice, he shall 

 give public notice of such finding and request the 

 State to report within 15 days after the date of such 

 public notice as to the steps being talien to bring 

 such person into compliance with such requirement 

 (including reasons for anticipated steps to bo taken 

 to bring such person into compliance with such re- 

 quirement and for any failure to take steps tD briiig 

 such person into compliance with such require- 

 ment ) . If — 



(A) such failure to comply extends beyond the 

 sixtieth day after the date of the notice given 

 pursuant to the first sentence of this paragraph, 

 and 



(B) (i) the State falls to submit tho lepcit re- 

 quested by the Administrator within the time 

 period prescribed by the preceding sentence, or 



(ii) the State submits such report within such 

 period but the Administrator, after considering 

 the report, determines that by failing to take 

 necessary steps to bring such person into compli- 

 ance by such sixtieth day the State abused its 

 discretion in carrying out primary enforcement 

 rcsponii'cility for underground water sources, 

 the Administrator may commence a civil action 

 under Eubsectica (b) (1) of this section. 



(2) Whenever the Administrator finds during a 

 pericd during which a State does not have primary 

 enfor>.emcnt rejponsibility for undei ground water 

 sources that any person subject to any requirement 

 of any applicable undergroimd injection control 

 program in such State is violating such requirement, 

 he may commence a civil action under subsection 

 (bMl) of this section. 



(b) Judicial determinations in appropriate Federal dis- 

 trict courts; civil penalties; separate violations; 

 penalties for wilifull violations. 



(1) When authorized by subsection (a) of this 

 section, the Administrator may bring a civil action 

 under this paragraph in the appropriate United 

 States district court to require compliance with any 

 requirement of an applicable underground injection 

 control program. The court may enter such judg- 

 m.-^nt as protection of public health may require, 

 including, in the case of an actio i brought against 

 a person v. ho violates an applicable requirement of 

 an underground injection control program and who 

 is located in a State which has primary enforcement 

 responsibility for underground water sources, the 

 imposition of a civil penalty of not to exceed $5,000 



for each day such person violates such requirement 

 after the expiration of 60 days after receiving notice 

 under subsection (a) (1) of this section. 



(2) Any person who violates any requirement of 

 an applicable underground injection control pro- 

 gram to which he is subject during any period for 

 which the States does not have primary enforce- 

 ment responsibility for undergi-ound water sources 

 (A) shall be subject to a civil penalty of not more 

 than $5,000 for each day of such violation, or (B) if 

 such violation is willful, such person may, in lieu of 

 the civil penalty authorized by clause (B), be fined 

 n;t more tlian $10,000 for each day of such violation. 



(c) State authority to adopt or enforce laws or regula- 

 tions respecting undeiground injection unaffected. 



Notliing in this subchapter shall diminish any 

 authority of a State or political subdivision to adopt 

 or enforce any law or regulation respecting under- 

 ground 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, § 1423, as added Dec. 16, 1974, Pub. L. 

 9J-523, § 2(a), 88 Stat. 1677.) 



§ 390!i-3. Interim regulation of underground injections. 



(a) Necessity for well operation permit ; designation of 

 one aquiie. a-eaa. 



(1) Any person may petition the Administrator 

 to have an area of a State (or States) designated 

 as an area in which no new underground injection 

 well may be operated during the period beginning 

 on the date of the designation and ending on the 

 date on which the applicable underground injection 

 control program covering such area takes effect 

 unless a permit for the operation of such well has 

 been issued by the Administrator under subsection 



(b) of this section. The Administrator may so desig- 

 nate an area within a State if he finds that the area 

 has one aquifer which is the sole or principal drink- 

 ing watef source for the area and which, if con- 

 taminated, would create a significant hazard to 

 public health. 



(2) Upon receipt of a petition under paragraph 

 ( 1 ) of this subsection, the Administrator shall pub- 

 lish it in the Federal Register and shall provide 

 an opportunity to interested persons to submit writ- 

 ten data, views, or arguments thereon. Not later 

 than the 30th day following the date of the publica- 

 tion of a petition under this paragraph in the Federal 

 Register, the Administrator shall either make the 

 designation for which the petition is submitted or 

 deny the petition. 



(b) Well operation permits; publication in Federal 

 Register; notice and hearing; issuance or denial; 

 conditions for issuance. 



(1) During the period beginning on the date an 

 area is designated under subsection (a) of this sec- 

 tion and ending on the date the applicable under- 

 ground injection control program covering such area 

 takes effect, no new underground injection well may 

 be operated in such area unless the Administrator 

 has issued a permit for such operation. 



(2) Any person- may petition the Administrator 



for the issuance of a permit for the operation of such 



I- 



