[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3656 Introduced in House (IH)]







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.

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

SECTION 1. DRINKING WATER SYSTEM RATEPAYER PROTECTION.

    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 contributed 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 
reimburse 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 person.
    ``(b) Pesticide Manufacturer Liability.--Whenever any public water 
system has incurred costs for treatment or monitoring, or both, with 
respect to any substance 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 
substance. 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 Fertilizer Application.--
            ``(1) Permitted releases.--No person shall be liable under 
        this section with respect to the release of any contaminant 
        that is pursuant to a Federally permitted release (as defined 
        in section 101 of the Comprehensive Environmental Response, 
        Compensation, 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 requirements 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 effect 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 section 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 
recoverable under this section shall be reduced by the amount recovered 
under any such other authority of law.''.
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