I

104TH CONGRESS

2D SESSION H.R. 3656

To amend the Safe Drinking Water Act to require persons contributing

to drinking water contamination to reimburse public water systems for

the costs of decontamination.

IN THE HOUSE OF REPRESENTATIVES

JUNE 13, 1996

Mr. TORRICELLI (for himself and Mr. PALLONE) introduced the following bill;

which was referred to the Committee on Commerce, and in addition to

the Committee on the Judiciary, for a period to be subsequently determine by the Speaker, in each case for consideration of such provisions

as fall within the jurisdiction of the committee concerned

A BILL

To amend the Safe Drinking Water Act to require persons

contributing to drinking water contamination to reimburse public water systems for the costs of decontamination.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DRINKING WATER SYSTEM RATEPAYER PRO4 TECTION.

5 Title XIV of the Public Health Service Act (the Safe

6 Drinking Water Act) is amended by adding the following

7 after section 1432:
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1 ‘‘SEC. 1433. RATEPAYER PROTECTION CAUSE OF ACTION.

2 ‘‘(a) CAUSE OF ACTION.—Whenever any public water

3 system has incurred costs for treatment or monitoring, or

4 both, with respect to any contaminant that is present in

5 the source water used by such public water system, the

6 owner or operator of the public water system may bring

7 an action in the appropriate United States district court

8 against any person whose negligence caused, or contrib9 uted to, the presence of such contaminant in such source

10 waters in which such contaminant is found at levels which

11 require treatment or monitoring under the provisions of

12 this title. Any such court shall require such person to re13 imburse the owner or operator for the portion of costs of

14 the treatment or monitoring, or both, that is attributable

15 to the contamination caused or contributed by such per16 son.

17 ‘‘(b) PESTICIDE MANUFACTURER LIABILITY.—

18 Whenever any public water system has incurred costs for

19 treatment or monitoring, or both, with respect to any sub20 stance regulated under Federal Insecticide, Fungicide,

21 and Rodenticide Act that is present in the source water

22 used by such public water system at levels which require

23 treatment or monitoring under the provisions of this title,

24 the owner or operator of the public water system may

25 bring an action in the appropriate United States district

26 court against any manufacturer or importer of such sub-
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1 stance. Any such court shall require such manufacturer

2 or importer to reimburse the owner or operator for the

3 portion of costs of the treatment or monitoring, or both,

4 that is attributable to such substance.

5 ‘‘(c) PERMITTED RELEASES; PESTICIDE AND FER6 TILIZER APPLICATION.—

7 ‘‘(1) PERMITTED RELEASES.—No person shall

8 be liable under this section with respect to the re9 lease of any contaminant that is pursuant to a Fed10 erally permitted release (as defined in section 101 of

11 the Comprehensive Environmental Response, Com12 pensation, and Liability Act of 1980) if the permit

13 concerned specifically considers the impact of the

14 use of the contaminant on drinking water sources.

15 ‘‘(2) PESTICIDES, ETC.—No person engaged in

16 the normal application of a substance regulated

17 under Federal Insecticide, Fungicide, and

18 Rodenticide Act shall be liable under this section for

19 such application if such substance is handled and

20 applied in accordance with the applicable require21 ments of such Act (including a manufacturer’s or

22 distributor’s labeling) and any manufacturer’s or

23 distributor’s instructions.

24 ‘‘(3) FERTILIZER.—No person shall be liable

25 under this section for the normal application of a
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1 fertilizer to the extent that such application was in

2 accordance with the manufacturer’s or distributor’s

3 instructions and not in violation of Federal or State

4 law.

5 ‘‘(d) MONITORING THRESHOLD.—No person shall be

6 liable under this section for any monitoring costs for a

7 contaminant if such contaminant is found at levels reliably

8 and consistently below the maximum contaminant level.

9 ‘‘(d) EFFECTIVE DATE.—This section shall take ef10 fect with respect to acts or omissions that occur after the

11 date of enactment of this section.

12 ‘‘(e) SMALL AMOUNTS.—No person shall be liable

13 under this section with respect to any contaminant present

14 in the source water of a public water system if the court

15 finds that such person caused or contributed only a small

16 portion of the total amount of such contaminant.

17 ‘‘(f) EFFECT ON OTHER LAW.—Nothing in this sec18 tion shall be construed to preempt or otherwise affect the

19 right of any public water system to recover the costs of

20 monitoring or treatment from any person under any other

21 authority of law. The amount of any such costs recover22 able under this section shall be reduced by the amount

23 recovered under any such other authority of law.’’.

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