Civil Enforcement

• The Statute
• SDWA Regulations
• SDWA Enforcement
• Other Information Sources
• Other Federal Laws and Regulations Relating to Safe Drinking Water
• State Laws and Regulations Relating to Safe Drinking Water

The Statute

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. It does not regulate private wells providing water for fewer than 25 individuals.)

The Safe Drinking Water Act is Title XIV of the Public Health Services Act, one of the early statutes for protecting public health and the environment. The SDWA was enacted by Congress in 1974 and amended in 1986 (Reauthorized), 1988 and again in 1996. The SDWA required EPA to promulgate National Primary Drinking Water Regulations for contaminants that may have an adverse impact on public health. The 1986 Amendments required EPA to set maximum contaminant levels (MCLs) for 83 contaminants deemed harmful to humans. The 1996 Amendments require actions to protect drinking water sources -- rivers, lakes, reservoirs, springs, ground water, etc.

The Safe Drinking Water Act (SDWA) (P.L. 93-523); 42 U.S.C. s/s 300f et seq. (1974)
| SDWA full text | Summary |

The Safe Drinking Water Amendments (1996)
| SDWA 1996 Amendments full text | Summary |

SDWA Regulations

EPA has developed regulations relating to the implementation of the Safe Drinking Water Act which can be found in the Code of Federal Regulations, Title 42, Chapter 6A, Subchapter XII, Part A, Sec. 300f et. seq.

Safe Drinking Water Act Regulations (40 C.F.R. 141-149)

SDWA Enforcement

EPA's National Drinking Water Regulations are legally enforceable, meaning that both EPA and the states can take enforcement actions against water systems that are not meeting safety standards. EPA may issue administrative orders, take legal actions, or fine utilities for violation of the standards.

• Who must comply with the Safe Drinking Water Act?

Any 'person' violating the National Primary Drinking Water Regulations or creating an imminent and substantial endangerment by contaminating a public water system or underground source of drinking water in the U.S. A 'person' is defined as 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).

• What are the penalties for noncompliance?

Under Section 1414(b) of the SDWA, an imposed penalty not to exceed $25,000 per day; under Section 1414(g)(3) of the SDWA, an administrative order can result in a $5,000 maximum penalty assessed; up to $25,000 per violation per day; under Section 1431(b), the statutory maximum is $5,000 per violation per day of an emergency order; under Section 1432(c), tampering with a public water system carries a maximum civil penalty of $50,000; a maximum civil penalty of $20,000 can be imposed for an attempt or threat to tamper with a public water system; and under Section 1445(c), the statutory maximum penalty is $25,000 in a civil judical action for failing or refusing to keep appropriate records, make reports, etc.

EPA publishes the "Enforcement Alert" Newsletter, an informational publication, that is intended to inform and educate the public and regulated community about important environmental enforcement issues, recent trends, and significant enforcement actions. The information contained in each issue should help the regulated community anticipate and prevent violations of federal environmental laws and the applicable regulations that could otherwise lead to enforcement actions. New issues are published on an irregular basis, as EPA sees the need to provide alerts about enforcement concerns. Past issues of an Enforcement Alert have highlighted such RCRA enforcement concerns as:

"Community Water Systems Required to Provide Consumers Annual 'Right-to-Know' Report on Drinking Water Quality by July 1, 2001 (PDF)" Volume 4, Number 2 (May 2001) (4 pp, 82KB, About PDF)

Complete Listing of "Enforcement Alert" Newsletters

Other Federal Laws and Regulations Relating to Safe Drinking Water

Clean Water Act of 1972 (CWA). The CWA focuses on improving the quality of the nation's waters. It provides a comprehensive framework of standards, technical tools and financial assistance to address the many causes of pollution and poor water quality.

Resource Conservation and Recovery Act of 1976 (RCRA). This law was passed to eliminate the mounting problem of accumulating waste and the potential risks to human health and the environment associated with these wastes.

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), also known as "Superfund"
This law was enacted to address the problems of hazardous waste found at inactive or abandoned sites or those resulting from spills that require emergency response.

State Laws and Regulations Relating to Safe Drinking Water

States may apply to EPA for "primacy," the authority to implement the SDWA and its enforcement within their jurisdictions if they can show that their standards will be at least as stringent as the national standards. They also must assure that water systems meet these standards.

Information on state and local ground water agencies and contacts, as well as other information, is available through the EPA's Office of Ground Water and Drinking Water web site. It is important to contact the appropriate state agency regarding problems about public water systems, ground water, and ground water as a source of drinking water. (Local Drinking Water Information)

Other Information Sources

Understanding the Safe Drinking Water Act (PDF) (12/99) (EPA-810-F-99-008) (3 pp, 228.9KB About PDF)
EPA's Office of Water -The Safe Drinking Water Act
EPA's Office of Ground Water and Drinking Water Web Page
EPA's Underground Injection Control (UIC) Program Web Page
EPA's Water Enforcement Bulletin
Consumer Confidence Reports Rule (PDF) (08/19/98) (26 pp, 158.9KB About PDF)
Consumer Confidence Reports Information
Consumer Confidence Report Rule Brochure (PDF) (11/99) (7 pp, 7.31MB About PDF)
Complete listing of "Enforcement Alert Newsletters"

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