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Safe Drinking Water Act of 1974 (SDWA)
Public Law 93-523, Dec 12, 1974
42 USC Section 300j-9(i)
(i) Discrimination prohibition; filing of
complaint; investigation; orders of Secretary; notice and
hearing; settlements; attorneys' fees; judicial review;
filing of petition; procedural requirements; stay of orders;
exclusiveness of remedy; civil actions for enforcement of orders;
appropriate relief; mandamus proceedings; prohibition
inapplicable to undirected but deliberate violations.
(1) No employer may discharge any employee or other-wise
discriminate against any employee with respect to his
compensation, terms, conditions, or privileges of employment
because the employee (or any person acting pursuant to a request
of the employee) has-
(A) commenced, caused to be commenced, or is about to commence
or cause to be commenced a proceeding under this title [42 USCS
§300f et seq.] or a proceeding for the administration or
enforcement of drinking water regulations or underground
injection control programs of a State,
(B) testified or is about to testify in any such proceeding
or
(C) assisted or participated or is about to assist or
participate in any manner in such a proceeding or in any other
action to carry out the purposes of this title [42 USCS
§300f et seq.].
(2) (A) Any employee who believes that he has been discharged or
otherwise discriminated against by any person in violation of
paragraph (1) may, within 30 days after such violation occurs,
file (or have any person file on his behalf) a complaint with the
Secretary of Labor (hereinafter in this subsection referred to as
the "Secretary") alleging such discharge or
discrimination. Upon receipt of such a complaint, the Secretary
shall notify the person named in the complaint of the filing of
the complaint.
(B) (i) Upon receipt of a complaint filed under subparagraph
(A), the Secretary shall conduct an investigation of the
violation alleged in the complaint. Within 30 days of the receipt
of such complaint, the Secretary shall complete such
investigation and shall notify in writing the complainant (and
any person acting in his behalf) and the person alleged to have
committed such violation of the results of the investigation
conducted pursuant to this subparagraph. Within 90 days of the
receipt of such complaint the Secretary shall, unless the
proceeding on the complaint is terminated by the Secretary on the
basis of a settlement entered into by the Secretary and the
person alleged to have committed such violation, issue an order
either providing the relief prescribed by clause (ii) or denying
the complaint. An order of the Secretary shall be made on the
record after notice and opportunity for agency hearing. The
Secretary may not enter into a settlement terminating a
proceeding on a complaint without the participation and consent
of the complainant.
(ii) If in response to a complaint filed under subparagraph (A)
the Secretary determines that a violation of paragraph (1) has
occurred, the Secretary shall order
(I) the person who committed such violation to take affirmative
action to abate the violation,
(II) such person to reinstate the complainant to his former
position together with the compensation (including back pay),
terms, conditions, and privileges of his employment,
(III) compensatory damages, and
(IV) where appropriate, exemplary damages. If such an order is
issued, the Secretary, at the request of the complainant, shall
assess against the person against whom the order is issued a sum
equal to the aggregate amount of all costs and expenses
(including attorneys' fees ) reasonably incurred, as
determined bv the Secretary, by the complainant for, or in
connection with, the bringing of the complaint upon which the
order was issued.
(3)
(A) Any person adversely affected or aggrieved by an order
issued under paragraph (2) may obtain review of the order in the
United States Court of Appeals for the circuit in which the
violation, with respect to which the order was issued, allegedly
occurred. The petition for review must be filed within sixty days
from the issuance of the Secretary's order. Review shall
conform to chapter 7 of title 5 of the United States Code [5 USCS
§701 et seq.] The commencement of proceedings under this
subparagraph shall not, unless ordered by the court, operate as a
stay of the Secretary's order.
(B) An order of the Secretary with respect to which review could
have been obtained under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil proceedings.
(4) Whenever a person has failed to comply with an order issued
under paragraph (2)(B), the Secretary shall file a civil action
in the United States District Court for the district in which the
violation was found to occur to enforce such order. In actions
brought under this paragraph, the district courts shall have
jurisdiction to grant all appropriate relief including, but not
limited to, injunctive relief, compensatory, and exemplary
damages.
(5) Any nondiscretionary duty imposed by this section is
enforceable in mandamus proceeding brought under section 1361 of
title 28 of the United States Code.
(6) Paragraph (1) shall not apply with respect to any employee
who, acting without direction from his employer (or the
employer's agent), deliberately causes a violation of any
requirement of this title [42 USCS §300f et seq.].
Additional Information
DEFINITIONS:
The term "supplier of water" means any person who owns
or operates a Public water system.
The term "contaminant" means any physical, chemical,
biological, or radiological substance or matter in water.
The term "person" means an individual, corporation,
company, association, partnership, State, municipality, or
Federal agency (and includes officers, employees, and agents of
any corporation, company, association, State, municipality, or
Federal Agency).
The term "Tamper" means to introduce a contaminant
with the intention of harming persons; or to otherwise interfere
with the operation of a public water system with the intention of
harming persons.
PROHIBITED ACTS:
The Act requires a recall of drinking water coolers with lead
lined tanks. Drinking water supplies in school must not be
contaminated by lead. Any pipe, solder, or flux, which is used
after June 19, 1986 in the installation or repair of any public
water system, or any plumbing in a residential or nonresidential
facility providing water for human consumption which is connected
to a public water system, shall be lead free. This prohibition
does not apply to leaded joints necessary for the repair of cast
iron pipes. "Persons" involved in water treatment
procedures must be certified by the Administrator.
PROTECTIVE ACTIVITY:
Reporting violations of Definitions and Prohibited Acts are
protected activities.
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