Page:United States Statutes at Large Volume 100 Part 1.djvu/683

 PUBLIC LAW 99-339—JUNE 19, 1986

100 STAT. 647

under no circumstances, be used to delay final promulgation of any national primary drinking water standard.". SEC. 102. ENFORCEMENT OF REGULATIONS.

(a) NOTICE TO SYSTEMS.—Section 1414(a)(1)(A) of the Safe Drinking Water Act is amended by inserting "and such public water system" 42 USC 300g-3. after the words "notify the State". (b) PROMPT FEDERAL ENFORCEMENT.—(1) Section 1414(a)(l)(B) of the Safe Drinking Water Act is amended to read as follows: "(B) If, beyond the thirtieth day after the Administrator's notifica- State and local tion under subparagraph (A), the State has not commenced appro- governments. priate enforcement action, the Administrator shall issue an order under subsection (g) requiring the public water system to comply with such regulation or requirement or the Administrator shall » commence a civil action under subsection (b).". (2) Section 1414(a)(2) of the Safe Drinking Water Act is amended by striking the words "he may commence a civil action under subsection (b)" and substituting the following: "the Administrator shall issue an order under subsection (g) requiring the public water !/ -*B system to comply with such regulation or requirement or the Administrator shall commence a civil action under subsection (b)". (c) PENALTIES.—Section 1414(b) of the Safe Drinking Water Act is amended as follows: (1) Add ", with an order issued under subsection (g)," after "drinking water regulation" in the first sentence. (2) Delete "willful" immediately after "there has been a" in i^il6 S6COT1 U.SfTliTlf!^^
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(3) Strike out "$5,000" and substitute "$25,000". (d) ADMINISTRATIVE ORDERS.—(1) Section 1414 of the Safe Drinking

Water Act is amended by adding at the end thereof the following new subsection: "(g)(1) In any case in which the Administrator is authorized to bring a civil action under this section or under section 1445 with 42 USC 300j-4. respect to any regulation, schedule, or other requirement, the Administrator also may issue an order to require compliance with such regulation, schedule, or other requirement. "(2) An order issued under this subsection shall not take effect State and local until after notice and opportunity for public hearing and, in the case governments. of a State having primary enforcement responsibility for public water systems in that State, until after the Administrator has provided the State with an opportunity to confer with the Administrator regarding the proposed order. A copy of any order proposed to be issued under this subsection shall be sent to the appropriate State agency of the State involved if the State has primary enforcement responsibility for public water systems in that State. Any order issued under this subsection shall state with reasonable specificity the nature of the violation. In any case in which an order under this subsection is issued to a corporation, a copy of such order shall be issued to appropriate corporate officers. "(3)(A) Any person who violates, or fails or refuses to comply with, an order under this subsection shall be liable to the United States for a civil penalty of not more than $25,000 per day of violation. "(B) Whenever any civil penalty sought by the Administrator under this paragraph does not exceed a total of $5,000, the penalty shall be assessed by the Administrator after notice and opportunity for a hearing on the record in accordance with section 554 of title 5 of the United States Code.

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