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 deter-
mine 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 reim-
burse public water systems for the costs of decontamina-
tion.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DRINKING WATER SYSTEM RATEPAYER PRO-
TECTION.
Title XIV of the Public Health Service Act (the Safe
Drinking Water Act) is amended by adding the following
after section 1432:
‘‘SEC. 1433. RATEPAYER PROTECTION CAUSE OF ACTION.
‘‘(a) CAUSE OF ACTION.—Whenever any public water
system has incurred costs for treatment or monitoring, or
both, with respect to any contaminant that is present in
the source water used by such public water system, the
owner or operator of the public water system may bring
an action in the appropriate United States district court
against any person whose negligence caused, or contrib-
uted to, the presence of such contaminant in such source
waters in which such contaminant is found at levels which
require treatment or monitoring under the provisions of
this title. Any such court shall require such person to re-
imburse the owner or operator for the portion of costs of
the treatment or monitoring, or both, that is attributable
to the contamination caused or contributed by such per-
son.
‘‘(b) 
PESTICIDE
MANUFACTURER
LIABILITY.—
Whenever any public water system has incurred costs for
treatment or monitoring, or both, with respect to any sub-
stance regulated under Federal Insecticide, Fungicide,
and Rodenticide Act that is present in the source water
used by such public water system at levels which require
treatment or monitoring under the provisions of this title,
the owner or operator of the public water system may
bring an action in the appropriate United States district
court against any manufacturer or importer of such sub-
stance. Any such court shall require such manufacturer
or importer to reimburse the owner or operator for the
portion of costs of the treatment or monitoring, or both,
that is attributable to such substance.
‘‘(c) PERMITTED RELEASES; PESTICIDE AND FER-
TILIZER APPLICATION.—
‘‘(1) PERMITTED RELEASES.—No person shall
be liable under this section with respect to the re-
lease of any contaminant that is pursuant to a Fed-
erally permitted release (as defined in section 101 of
the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980) if the permit
concerned specifically considers the impact of the
use of the contaminant on drinking water sources.
‘‘(2) PESTICIDES, ETC.—No person engaged in
the normal application of a substance regulated
under 
Federal 
Insecticide, 
Fungicide, 
and
Rodenticide Act shall be liable under this section for
such application if such substance is handled and
applied in accordance with the applicable require-
ments of such Act (including a manufacturer’s or
distributor’s labeling) and any manufacturer’s or
distributor’s instructions.
‘‘(3) FERTILIZER.—No person shall be liable
under this section for the normal application of a
fertilizer to the extent that such application was in
accordance with the manufacturer’s or distributor’s
instructions and not in violation of Federal or State
law.
‘‘(d) MONITORING THRESHOLD.—No person shall be
liable under this section for any monitoring costs for a
contaminant if such contaminant is found at levels reliably
and consistently below the maximum contaminant level.
‘‘(d) EFFECTIVE DATE.—This section shall take ef-
fect with respect to acts or omissions that occur after the
date of enactment of this section.
‘‘(e) SMALL AMOUNTS.—No person shall be liable
under this section with respect to any contaminant present
in the source water of a public water system if the court
finds that such person caused or contributed only a small
portion of the total amount of such contaminant.
‘‘(f) EFFECT ON OTHER LAW.—Nothing in this sec-
tion shall be construed to preempt or otherwise affect the
right of any public water system to recover the costs of
monitoring or treatment from any person under any other
authority of law. The amount of any such costs recover-
able under this section shall be reduced by the amount
recovered under any such other authority of law.’’.
Æ