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LegalText 42 U.S.C. § 300i Emergency powers us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 6A PUBLIC HEALTH SERVICE 300i 42 U.S.C. § 300i current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s300i data/legal/raw/us/code/title-42/usc42.xml 29ad391cafc414ee412a7b0871d39d6b9d728ef37c50f7a80ae41533d68fc5e0 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 72530051b001e991f68e269685b2b1881b7776a6a1abf9b403822a510ce93f42 2026-07-04 official
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42 U.S.C. § 300i - Emergency powers

Text

(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. 93523, § 2(a), Dec. 16, 1974, 88 Stat. 1680; amended Pub. L. 99339, title II, § 204, June 19, 1986, 100 Stat. 660; Pub. L. 104182, title I, § 113(d), Aug. 6, 1996, 110 Stat. 1636; Pub. L. 107188, title IV, § 403(2), June 12, 2002, 116 Stat. 687.)

Notes

Editorial Notes

Amendments2002—Subsec. (a). Pub. L. 107188, 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. 104182 substituted “$15,000” for “$5,000”. 1986—Subsec. (a). Pub. L. 99339, § 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. 99339, § 204(3), struck out “willfully” after “person who” and substituted “subject to a civil penalty of not to exceed” for “fined not more than”.