Cleanup Enforcement

The Safe Drinking Water Act gives EPA authority is to abate conditions in the water supply that may present an imminent and substantial endangerment to human health. This authority is generally triggered when a contaminant present in, or likely to enter, a public water system or underground drinking water source, may present an imminent and substantial endangerment to human health, and the state or local authority as not acted.

EPA's enforcement authority to protect and cleanup contaminated drinking water is codified in section 301i of the Safe Drinking Water Act (SDWA) (generally referred to as section 1431 in the statute).

Generally, the appropriate state and local governments are the first to respond to these types of situations. If, however, the state and local governments have not acted to contain an imminent danger, EPA can take action, such as issuing an administrative order or starting a civil action, to protect human health.

For example, an administrative order under section 301i, issued to those who caused or contributed to the contamination, might require the provision of an alternate water supply to users of the impacted water system. A civil action could request many types of relief, including a restraining order or a permanent or temporary injuction.

Under section 301i(b), the statutory maximum is $5,000 per violation per day of an emergency order.

EPA's Office of Civil Enforcment's web page provides information on the safe drinking water act enforcement.