H.R.1540 - Drinking Water Standards Preservation Act of 2005109th Congress (2005-2006)
Summary: H.R.1540 — 109th Congress (2005-2006)
Drinking Water Standards Preservation Act of 2005 - Amends the Safe Drinking Water Act to establish liability standards for a public water system for damages arising from injury (including personal injury, death, or property damage) allegedly caused by delivery of contaminated water containing either regulated or unregulated contaminants.
Introduced in House (04/08/2005)
Requires for both regulated and unregulated contaminants that the plaintiff establish that there is substantial scientific evidence that the kind of injury alleged could be caused by such substance in the amounts present and that the substance did, in fact, cause the injury.
Requires proof: (1) in the case of regulated contaminants, that the water system violated the regulation, was negligent and that the violation caused the injury; and (2) in the case of unregulated contaminants, that the water system knew or should have known that the substance at that level was likely to cause such injury and that it was feasible to remove the contaminant to a safe level.
Directs the court to make determinations regarding proof requirements in a special pretrial proceeding and to give binding effect to any findings of fact, conclusions of law, or determinations of State agencies exercising primary enforcement authority.