856 



a well in such an area. A petition submitted under 

 this paragraph shall be submitted in such manner 

 and contain such information as the Administrator 

 may require by regulation. Upon receipt of such a 

 petition, the Administrator shall publish it in the 

 Federal Register. The Administrator shall give notice 

 of any proceeding on a petition and shall provide 

 opportunity for agency hearing. The Administrator 

 shall act upon such petition on the record of any 

 hearing held pursuant to the proceeding sentence 

 respecting such petition. Within 120 days of the 

 publication in the Federal Register of a petition 

 submitted under this paragraph, the Administrator 

 shall either issue the permit for which the petition 

 was submitted or shall deny its issuance. 



(3) The Administrator may issue a permit for 

 the operation of a new underground injection well 

 in an area designated under subsection (a) of this 

 section only, if he finds that the operation of such 

 well will not cause contamination of the aquifer 

 of such area so as to create a significant hazard to 

 public health. The Administrator may condition the 

 issuance of such a permit upon the use of such con- 

 trol measures in connection with the operation of 

 such well, for which the permit is to be issued, as he 

 deems necessary to assure that the opeiation of the 

 well will not contaminate the aquifer of the desi- 

 gnated area in which the well is located so as to 

 create a significant hazard to public health. 



(c) Civil penalties; separate violations; penalties for 

 willful violations; temporary restraining order or 

 injunction. 



Any person who operates a new underground in- 

 jection well in violation of subsection (b) of this 

 section, (1) shall be subject to a civil penalty of not 

 more than $5,000 for each day in which such viola- 

 tion occurs, or (2) if such violation is willful, such 

 person may,^ in lieu of the civil penalty authorized 

 by clause (1 ) , be fined not more than $10,000 for each 

 d.iy in which such violation occurs. If the Adminis- 

 trator has reason to believe that any person is violat- 

 ing or will violate subsection (b) of this section, he 

 may petition the United States district court to issue 

 a temporary restraining order or injunction (includ- 

 ing a mandatory injunction) to enforce such 

 subsection. 



(d) "New underground injection well" defined. 



For purposes of this section, the term "new under- 

 ground injection well" means an underground injec- 

 tion well whose operation was not approved by 

 appropriate State and Federal agencies before 

 December 16, 1974. 



(e) Areas with one aquifer; publication in Federal 

 Register; commitments for Federal financial as- 

 sistance. 



If the Administrator determines, on his own ini- 

 tiative or upon petition, that an area has an aquifer 

 which is the sole or principal drinking water source 

 for the area and which, if contaminated, would 

 create a significant hazard to public health, he shall 

 publish notice of that determination in the Federal 

 Register. After the publication of any such notice, 

 no commitment for Federal financial assistance 



(through a grant, contract, loan guarantee, or other- 

 wise) may be entered into for any project which the 

 Administrator determines may contaminate such 

 aquifer through a recharge zone so as to create a 

 significant hazard to public health, but a commit- 

 ment for Federal financial assistance may, if author- 

 ized under another provision of law, be entered into 

 to plan or design the project to assure that it will 

 not so contaminate the aquifer. (July 1, 1944, ch. 373, 

 title Xrv, § 1424, as added Dec. 16, 1974, Pub. L. 93- 

 523, § 2(a), 88 Stat. 1678.) 



Part D. — Emergency Powers 

 § 300i. Emergency powers. 



(a) Actions pu'horized against imminent and substan- 

 tial endangevment to health. 



Notwithstanding any other provision of this sub- 

 chapter the Administrator, upon receipt of informa- 

 tion that a contaminant which is present in or is 

 likely to enter a public water system 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 prac- 

 ticable in hght 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 sub- 

 section 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 ?re or may be users of such system (including 

 travelers) , 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 willfully violates or fails or re- 

 fuses to comply with any order issued by the Admin- 

 istrator under subsection (a) (1) of this section may, 

 in an action brought in the appropriate United States 

 district court to enforce such order, be fined not more 

 than $5,000 for each day in which such violation 

 occurs or failure to comply continues. (July 1, 1944, 

 ch. 373, title XIV, § 1431, as added Dec. 16, 1974, Pub. 

 L. 93-523, § 2(a) 88 Stat. 1680.) 



Part E. — General Provisions 



§ 300j. Assurances of availability of adequate supplies 

 of chemicals necessary for treatment of water. 



(a) Certification of need application. 



If any ijerson who uses chlorine activated carbon, 

 lime, ammonia, soda ash, potassium permanganate, 

 caustic soda, or other chemical or substance for the 

 puriX)se of treating water in any public water system 

 or in any public tre.itment works determines that 

 the amount of such chemical or substance necessary 

 to effectively treat such water is not reasonably 

 available to him or will not be so available to him 

 when required for the effective treatment of such 

 water, such person may apply to the Administrator 



