---
kind: "section"
citation: "42 U.S.C. § 300h–2"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300h–2"
heading: "Enforcement of program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300h-2"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XII — Safety of Public Water Systems"
  - "Part C — Protection of Underground Sources of Drinking Water"
---

# §300h–2. Enforcement of program

- (a) **Notice to State and violator; issuance of administrative order; civil action—**
  - (1) Whenever the [Administrator](/usc/42/4005.md?p=1) finds during a period during which a [State](/usc/42/201.md?p=f) has primary enforcement responsibility for underground water sources (within the meaning of [section 300h–1(b)(3) of this title](/usc/42/300h–1.md?p=b-3) or [section 300h–4(c) of this title](/usc/42/300h–4.md?p=c)) that any person who is subject to a requirement of an applicable underground injection control [program](/usc/42/274l–1.md?p=4) in such [State](/usc/42/201.md?p=f) is violating such requirement, he shall so notify the [State](/usc/42/201.md?p=f) and the person violating such requirement. If beyond the thirtieth day after the [Administrator](/usc/42/4005.md?p=1)’s notification the [State](/usc/42/201.md?p=f) has not commenced appropriate enforcement action, the [Administrator](/usc/42/4005.md?p=1) shall issue an order under [subsection (c)](#c) requiring the person to comply with such requirement or the [Administrator](/usc/42/4005.md?p=1) shall commence a civil action under [subsection (b)](#b).
  - (2) Whenever the [Administrator](/usc/42/4005.md?p=1) finds during a period during which a [State](/usc/42/201.md?p=f) does not have primary enforcement responsibility for underground water sources that any person subject to any requirement of any applicable underground injection control [program](/usc/42/274l–1.md?p=4) in such [State](/usc/42/201.md?p=f) is violating such requirement, the [Administrator](/usc/42/4005.md?p=1) shall issue an order under [subsection (c)](#c) requiring the person to comply with such requirement or the [Administrator](/usc/42/4005.md?p=1) shall commence a civil action under [subsection (b)](#b).
- (b) **Civil and criminal actions—** Civil actions referred to in paragraphs [(1)](#a-1) and [(2)](#a-2) of subsection (a) shall be brought in the appropriate United States district court. Such court shall have jurisdiction to require compliance with any requirement of an applicable underground injection [program](/usc/42/274l–1.md?p=4) or with an order issued under [subsection (c)](#c). The court may enter such judgment as protection of public health may require. Any person who violates any requirement of an applicable underground injection control [program](/usc/42/274l–1.md?p=4) or an order requiring compliance under [subsection (c)](#c)—
  - (1) shall be subject to a civil penalty of not more than $25,000 for each day of such [violation](/usc/42/2000e–16a.md?p=c), and
  - (2) if such [violation](/usc/42/2000e–16a.md?p=c) is willful, such person may, in addition to or in lieu of the civil penalty authorized by [paragraph (1)](#b-1), be imprisoned for not more than 3 years, or fined in accordance with [title 18](/usc/18.md), or both.
- (c) **Administrative orders—**
  - (1) In any case in which the [Administrator](/usc/42/4005.md?p=1) is authorized to bring a civil action under this section with respect to any regulation or other requirement of this part other than those relating to—
    - (A) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or
    - (B) any underground injection for the secondary or tertiary recovery of oil or natural gas,

    the [Administrator](/usc/42/4005.md?p=1) may also issue an order under this subsection either assessing a civil penalty of not more than $10,000 for each day of [violation](/usc/42/2000e–16a.md?p=c) for any past or current [violation](/usc/42/2000e–16a.md?p=c), up to a maximum administrative penalty of $125,000, or requiring compliance with such regulation or other requirement, or both.

  - (2) In any case in which the [Administrator](/usc/42/4005.md?p=1) is authorized to bring a civil action under this section with respect to any regulation, or other requirement of this part relating to—
    - (A) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or
    - (B) any underground injection for the secondary or tertiary recovery of oil or natural gas,

    the [Administrator](/usc/42/4005.md?p=1) may also issue an order under this subsection either assessing a civil penalty of not more than $5,000 for each day of [violation](/usc/42/2000e–16a.md?p=c) for any past or current [violation](/usc/42/2000e–16a.md?p=c), up to a maximum administrative penalty of $125,000, or requiring compliance with such regulation or other requirement, or both.

  - (3)
    - (A) An order under this subsection shall be issued by the [Administrator](/usc/42/4005.md?p=1) after opportunity (provided in accordance with this subparagraph) for a hearing. Before issuing the order, the [Administrator](/usc/42/4005.md?p=1) shall give to the person to whom it is directed written notice of the [Administrator](/usc/42/4005.md?p=1)’s proposal to issue such order and the opportunity to request, within 30 days of the date the notice is received by such person, a hearing on the order. Such hearing shall not be subject to section [554](/usc/5/554.md) or [556](/usc/5/556.md) of title 5, but shall provide a reasonable opportunity to be heard and to present evidence.
    - (B) The [Administrator](/usc/42/4005.md?p=1) shall provide public notice of, and reasonable opportunity to comment on, any proposed order.
    - (C) Any citizen who comments on any proposed order under [subparagraph (B)](#c-3-B) shall be given notice of any hearing under this subsection and of any order. In any hearing held under [subparagraph (A)](#c-3-A), such citizen shall have a reasonable opportunity to be heard and to present evidence.
    - (D) Any order issued under this subsection shall become effective 30 days following its issuance unless an appeal is taken pursuant to [paragraph (6)](#c-6).
  - (4)
    - (A) Any order issued under this subsection shall [state](/usc/42/201.md?p=f) with reasonable specificity the nature of the [violation](/usc/42/2000e–16a.md?p=c) and may specify a reasonable time for compliance.
    - (B) In assessing any civil penalty under this subsection, the [Administrator](/usc/42/4005.md?p=1) shall take into account appropriate factors, including (i) the seriousness of the [violation](/usc/42/2000e–16a.md?p=c); (ii) the economic benefit (if any) resulting from the [violation](/usc/42/2000e–16a.md?p=c); (iii) any history of such [violations](/usc/42/2000e–16a.md?p=c); (iv) any good-faith efforts to comply with the applicable requirements; (v) the economic impact of the penalty on the violator; and (vi) such other matters as justice may require.
  - (5) Any [violation](/usc/42/2000e–16a.md?p=c) with respect to which the [Administrator](/usc/42/4005.md?p=1) has commenced and is diligently prosecuting an action, or has issued an order under this subsection assessing a penalty, shall not be subject to an action under [subsection (b)](#b) of this section or section [300h–3(c)](/usc/42/300h–3.md?p=c) or [300j–8](/usc/42/300j–8.md) of this title, except that the foregoing limitation on civil actions under [section 300j–8 of this title](/usc/42/300j–8.md) shall not apply with respect to any [violation](/usc/42/2000e–16a.md?p=c) for which—
    - (A) a civil action under [section 300j–8(a)(1) of this title](/usc/42/300j–8.md?p=a-1) has been filed prior to commencement of an action under this subsection, or
    - (B) a notice of [violation](/usc/42/2000e–16a.md?p=c) under [section 300j–8(b)(1) of this title](/usc/42/300j–8.md?p=b-1) has been given before commencement of an action under this subsection and an action under [section 300j–8(a)(1) of this title](/usc/42/300j–8.md?p=a-1) is filed before 120 days after such notice is given.
  - (6) Any person against whom an order is issued or who commented on a proposed order pursuant to [paragraph (3)](#c-3) may file an appeal of such order with the United States District Court for the District of Columbia or the district in which the [violation](/usc/42/2000e–16a.md?p=c) is alleged to have occurred. Such an appeal may only be filed within the 30-day period beginning on the date the order is issued. Appellant shall simultaneously send a copy of the appeal by certified mail to the [Administrator](/usc/42/4005.md?p=1) and to the Attorney General. The [Administrator](/usc/42/4005.md?p=1) shall promptly file in such court a certified copy of the record on which such order was imposed. The district court shall not set aside or remand such order unless there is not substantial evidence on the record, taken as a whole, to support the finding of a [violation](/usc/42/2000e–16a.md?p=c) or, unless the [Administrator](/usc/42/4005.md?p=1)’s assessment of penalty or requirement for compliance constitutes an abuse of discretion. The district court shall not impose additional civil penalties for the same [violation](/usc/42/2000e–16a.md?p=c) unless the [Administrator](/usc/42/4005.md?p=1)’s assessment of a penalty constitutes an abuse of discretion. Notwithstanding [section 300j–7(a)(2) of this title](/usc/42/300j–7.md?p=a-2), any order issued under [paragraph (3)](#c-3) shall be subject to judicial review exclusively under this paragraph.
  - (7) If any person fails to pay an assessment of a civil penalty—
    - (A) after the order becomes effective under [paragraph (3)](#c-3), or
    - (B) after a court, in an action brought under [paragraph (6)](#c-6), has entered a final judgment in favor of the [Administrator](/usc/42/4005.md?p=1),

    the [Administrator](/usc/42/4005.md?p=1) may request the Attorney General to bring a civil action in an appropriate district court to recover the amount assessed (plus costs, attorneys’ fees, and interest at currently prevailing rates from the date the order is effective or the date of such final judgment, as the case may be). In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.

  - (8) The [Administrator](/usc/42/4005.md?p=1) may, in connection with administrative proceedings under this subsection, issue subpoenas compelling the attendance and testimony of witnesses and subpoenas duces tecum, and may request the Attorney General to bring an action to enforce any subpoena under this section. The district courts shall have jurisdiction to enforce such subpoenas and impose sanction.
- (d) **State authority to adopt or enforce laws or regulations respecting underground injection unaf­fected—** Nothing in this subchapter shall diminish any authority of a [State](/usc/42/201.md?p=f) or political subdivision to adopt or enforce any law or regulation respecting underground injection but no such law or regulation shall relieve any person of any requirement otherwise applicable under this subchapter.

## Source credit

(July 1, 1944, ch. 373, title XIV, § 1423, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1677; amended Pub. L. 96–502, § 2(b), Dec. 5, 1980, 94 Stat. 2738; Pub. L. 99–339, title II, § 202, June 19, 1986, 100 Stat. 654.)

## Notes

### Editorial Notes

### Amendments

1986—Pub. L. 99–339, § 202(d), substituted “Enforcement” for “Failure of State to assure enforcement” in section catchline.

Subsec. (a)(1). Pub. L. 99–339, § 202(a)(1), substituted provisions which related to issuance of an order of compliance or commencement of a civil action by the Administrator if the State has not commenced enforcement against the violator for provisions directing the Administrator to give public notice and request that the State report within 15 days thereafter as to steps taken to enforce compliance and authorizing the Administrator to commence a civil action upon failure by the State to comply timely.

Subsec. (a)(2). Pub. L. 99–339, § 202(a)(2), substituted provision that the Administrator issue an order under subsec. (c) of this section or commence a civil action under subsec. (b) of this section for provision that he commence a civil action under subsec. (b)(1) of this section.

Subsec. (b). Pub. L. 99–339, § 202(b), amended subsec. (b) generally, substituting provisions relating to jurisdiction of the appropriate Federal district court, entry of judgment, civil penalty of $25,000 per day, criminal liability and fine for willful violation for provisions which related to judicial determinations in appropriate Federal district courts, civil penalties of $5,000 per day, and fines of $10,000 per day for willful violations.

Subsecs. (c), (d). Pub. L. 99–339, § 202(c), added subsec. (c) and redesignated former subsec. (c) as (d).

1980—Subsec. (a)(1). Pub. L. 96–502 inserted reference to section 300h–4(c) of this title.