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Title V — Citizen empowerment during water emergencies

S. 2821 · 114th Congress · Apr 20, 2016 · Lineage

V Citizen empowerment during water emergencies

Sec. 5101 Emergency powers

Section 1431 of the Safe Drinking Water Act (42 U.S.C. 300i) is amended—
(1)
by redesignating subsection (b) as subsection (c); and
(2)
by inserting after subsection (a) the following:

“(b) Private right of action; petitions

“(1) In general—In any case in which the Administrator may act under subsection (a), an individual may—

“(A) commence a civil action for appropriate equitable relief, including a restraining order or permanent or temporary injunction, to address any activity or facility that may present an imminent and substantial endangerment to the health of a person who is supplied by a public water system; or

“(B) petition the Administrator to issue an order or commence a civil action described in subsection (a).

“(2) Response

“(A) In general—Subject to subparagraph (B), not later than 30 days after the date on which the Administrator receives a petition described in paragraph (1)(B), the Administrator shall—

“(i) respond to the petition; and

“(ii) initiate such action as the Administrator determines to be appropriate.

“(B) Special rule for emergencies—Notwithstanding subparagraph (A), if the owner or operator of a public water system submits a petition described in paragraph (1)(B) in response to an emergency, the Administrator shall take the actions described in that subparagraph not later than 72 hours after the date on which the Administrator receives the petition.”