--- kind: "section" citation: "42 U.S.C. § 300h–3" title: "42" title_heading: "The Public Health and Welfare" number: "300h–3" heading: "Interim regulation of underground injections" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/42/300h-3" units: - "Chapter 6A — Public Health Service" - "Subchapter XII — Safety of Public Water Systems" - "Part C — Protection of Underground Sources of Drinking Water" --- # §300h–3. Interim regulation of underground injections - (a) **Necessity for well operation permit; designation of one aquifer areas—** - (1) Any person may petition the [Administrator](/usc/42/4005.md?p=1) to have an area of a [State](/usc/42/201.md?p=f) (or [States](/usc/42/201.md?p=f)) designated as an area in which no new underground injection well may be operated during the period beginning on the date of the designation and ending on the date on which the applicable underground injection control [program](/usc/42/274l–1.md?p=4) covering such area takes effect unless a permit for the operation of such well has been issued by the [Administrator](/usc/42/4005.md?p=1) under [subsection (b)](#b). The [Administrator](/usc/42/4005.md?p=1) may so designate an area within a [State](/usc/42/201.md?p=f) if he finds that the area has one aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create a significant hazard to public health. - (2) Upon receipt of a petition under paragraph (1) of this subsection, the [Administrator](/usc/42/4005.md?p=1) shall publish it in the Federal Register and shall provide an opportunity to interested persons to submit written data, views, or arguments thereon. Not later than the 30th day following the date of the publication of a petition under this paragraph in the Federal Register, the [Administrator](/usc/42/4005.md?p=1) shall either make the designation for which the petition is submitted or deny the petition. - (b) **Well operation permits; publication in Federal Register; notice and hearing; issuance or denial; conditions for issuance—** - (1) During the period beginning on the date an area is designated under [subsection (a)](#a) and ending on the date the applicable underground injection control [program](/usc/42/274l–1.md?p=4) covering such area takes effect, no new underground injection well may be operated in such area unless the [Administrator](/usc/42/4005.md?p=1) has issued a permit for such operation. - (2) Any person may petition the [Administrator](/usc/42/4005.md?p=1) for the issuance of a permit for the operation of such a well in such an area. A petition submitted under this paragraph shall be submitted in such manner and contain such information as the [Administrator](/usc/42/4005.md?p=1) may require by regulation. Upon receipt of such a petition, the [Administrator](/usc/42/4005.md?p=1) shall publish it in the Federal Register. The [Administrator](/usc/42/4005.md?p=1) shall give notice of any proceeding on a petition and shall provide opportunity for [agency](/usc/42/8262.md?p=1) hearing. The [Administrator](/usc/42/4005.md?p=1) shall act upon such petition on the record of any hearing held pursuant to the preceding sentence respecting such petition. Within 120 days of the publication in the Federal Register of a petition submitted under this paragraph, the [Administrator](/usc/42/4005.md?p=1) shall either issue the permit for which the petition was submitted or shall deny its issuance. - (3) The [Administrator](/usc/42/4005.md?p=1) may issue a permit for the operation of a new underground injection well in an area designated under [subsection (a)](#a) only, if he finds that the operation of such well will not cause contamination of the aquifer of such area so as to create a significant hazard to public health. The [Administrator](/usc/42/4005.md?p=1) may condition the issuance of such a permit upon the use of such control measures in connection with the operation of such well, for which the permit is to be issued, as he deems necessary to assure that the operation of the well will not contaminate the aquifer of the designated area in which the well is located so as to create a significant hazard to public health. - (c) **Civil penalties; separate violations; penalties for willful violations; temporary restraining order or injunction—** Any person who operates a new underground injection well in [violation](/usc/42/2000e–16a.md?p=c) of subsection [(b)](#b), (1) shall be subject to a civil penalty of not more than $5,000 for each day in which such [violation](/usc/42/2000e–16a.md?p=c) occurs, or (2) if such [violation](/usc/42/2000e–16a.md?p=c) is willful, such person may, in lieu of the civil penalty authorized by clause (1), be fined not more than $10,000 for each day in which such [violation](/usc/42/2000e–16a.md?p=c) occurs. If the [Administrator](/usc/42/4005.md?p=1) has reason to believe that any person is violating or will violate [subsection (b)](#b), he may petition the United States district court to issue a temporary restraining order or injunction (including a mandatory injunction) to enforce such subsection. - (d) **“New underground injection well” defined—** For purposes of this section, the term “new underground injection well” means an underground injection well whose operation was not approved by appropriate [State](/usc/42/201.md?p=f) and Federal [agencies](/usc/42/8262.md?p=1) before December 16, 1974. - (e) **Areas with one aquifer; publication in Federal Register; commitments for Federal financial assistance—** If the [Administrator](/usc/42/4005.md?p=1) determines, on his own initiative or upon petition, that an area has an aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create a significant hazard to public health, he shall publish notice of that determination in the Federal Register. After the publication of any such notice, no commitment for Federal financial assistance (through a grant, contract, loan guarantee, or otherwise) may be entered into for any [project](/usc/42/13641.md?p=2) which the [Administrator](/usc/42/4005.md?p=1) determines may contaminate such aquifer through a recharge zone so as to create a significant hazard to public health, but a commitment for Federal financial assistance may, if authorized under another provision of law, be entered into to plan or design the [project](/usc/42/13641.md?p=2) to assure that it will not so contaminate the aquifer. ## Source credit (July 1, 1944, ch. 373, title XIV, § 1424, as added Pub. L. 93–523, § 2(a), Dec. 16, 1974, 88 Stat. 1678.)