Civil Enforcement

The purpose of the Safe Drinking Water Act (SDWA) is to protect the quality of drinking water in the United States, including all waters actually or potentially designated for drinking water use, whether from above ground or underground sources.The enforceable requires of the Safe Drinking Water Act Povisions and its Regulations are given below. The regulations can be found under 40 CFR 141-149.

Subchapter 1412 (b)(10) - Effective date:. National primary drinking water regulations shall take effect 3 years from date of promulgation unless EPA determines an earlier date is practicable. An additional 2 years for compliance may be provided if necessary for capital improvements.

Subchapter 1413 - State Drinking Water Regulations: Upon approval by EPA, a State has primary (but not exclusive) enforcement responsibility for public water systems during any period for which the Administrator determines for each individual regulation.

Subchapter 1414 - Enforcement of Drinking Water Regulations: Issuance of administrative orders and civil actions. Consumer Confidence Reports by community water systems are reported annually to consumers. General requirements for public notification of violations of any MCL, treatment technique, testing procedure, or monitoring requirement, and the existence or violation of a variance or exemption.

Subchapter 1415 - Variances: A state may grant one or more variances from an applicable national primary drinking water regulation to one or more public water systems within its jurisdiction which, because of characteristics of the raw water sources which are reasonably available to the systems, cannot meet the requirements respecting the maximum contaminant levels of such drinking water regulation.

Subchapter 1416 - Exemptions: A state which has primary enforcement responsibility may exempt any public water system within the state's jurisdiction from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable national primary drinking water regulation.

Subchapter 1421 - Regulations for State Programs: EPA shall publish proposed regulations for State underground injection control programs within 180 days after the date of enactment of this title. In proposing and promulgating regulations under this section, the EPA shall consult the National Drinking Water Advisory Council, and other appropriate Federal and state entities.

Subchapter 1422 - State Primary Enforcement Program: Within 180 days after the date of enactment, the EPA shall list in the Federal Register each state for which in the Agency's judgment a State underground injection control program may be necessary to ensure that underground injection will not endanger drinking water sources. This list may be amended from time to time.

Subchapter 1423 - Enforcement Program: Whenever the EPA finds during a period during which a state has primary enforcement responsibility for underground water sources that any person who is subject to a requirement of an applicable underground injection control program in such state is violating such requirement, EPA shall so notify the State and the person violating such requirement.

Subchapter 1425 - Optional Demonstration by States Relating to Oil or Natural Gas: Describes the approval or disapproval under Subchapter 1422 that portion of any state underground injection control program.

Subchapter 1431 - Emergency Powers: Upon receipt of information that a contaminant which is present in or likely to enter a public water system or an underground source of drinking water 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 individuals, EPA may take such actions as deemed necessary in order to protect the health of individuals.

Subchapter 1432 - Tampering with Public Water Systems: Any person who tampers with a public water system shall be imprisoned for not more than five years, or fined in accordance with Title 18 of the United States Code, or both.

Subchapter 1441 - Assurance of Availability of Adequate Supplies of Chemicals Necessary for Treatment of Water: If any person who uses chlorine, activated carbon, lime, ammonia, soda ash, potassium permanganate, caustic soda, or other chemical or substance for the purpose of treating water in any public water system or in any public treatment works determines that the amount of such chemical or substance necessary to effectively treat such water is not reasonably available to him/her or will not be so available to him/her when required for the effective treatment of such water, such person may apply to the EPA for a certification that the amount of such chemical or substance which such person requires to effectively treatment such water is not reasonably available to him/her or will not be so available when required for the effective treatment of such water.

Subchapter 1445 - Records and Inspections: EPA requires that every public water system conduct a monitoring program for unregulated contaminants. Public water systems are required to maintain records and to make reports as required by the national drinking water regulations. Upon notice to the primary enforcement authority, EPA can access public water system facilities to inspect such facilities and records and to collect samples for analysis

Subchapter 1449 - Citizen's Civil Action: If after 60 days' notice to EPA and the state, neither EPA nor the state is diligently prosecuting the case, citizens may bring civil judicial actions against Public Water Systems for violations of the regulations.

Subchapter 1463 - Drinking Water Coolers Containing Lead: EPA shall identify each brand and model of drinking water cooler which is not lead-free, including each brand and model of drinking water cooler which has a lead-lined tank. The list shall be published 100 days after enactment.

Underground Injection Control (UIC): The statutory and regulatory requirements for IUC can be found under Subchapters 1421, 1422, and 1425 above.

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