Page:United States Statutes at Large Volume 110 Part 2.djvu/843

 PUBLIC LAW 104-182—AUG. 6, 1996 110 STAT. 1635 (C) in paragraph (3)— (i) by striking subparagraph (B) and inserting the following: "(B) In a case in which a civil penedty sought by the Administrator under this paragraph does not exceed ^5,000, the penalty shall be assessed by the Administrator after notice and opportunity for a public hearing (unless the person against whom the penalty is assessed requests a hesiring on the record in accordance with section 554 of title 5, United States Code). In a case in which a civil penalty sought by the Administrator under this paragraph exceeds $5,000, but does not exceed $25,000, 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, United States Code."; and (ii) in subparagraph (C), by striking "paragraph exceeds $5,000" and inserting "subsection for a violation of an applicable requirement exceeds $25,000". (4) By adding at the end the following: "(h) CONSOLIDATION INCENTIVE. — "(1) IN GENERAI..—An owner or operator of a public water system may submit to the State in which the system is located (if the State has primary enforcement responsibility under section 1413) or to the Administrator (if the State does not have primary enforcement responsibility) a plan (including specific measures and schedules) for— "(A) the physical consolidation of the system with 1 or more other systems; "(B) the consolidation of significant management and administrative functions of the system with 1 or more other systems; or "(C) the transfer of ownership of the system that may reasonably be expected to improve drinking water quality. "(2) CONSEQUENCES OF APPROVAL.— If the State or the Administrator approves a plan pursuant to paragraph (1), no enforcement action shall be taken pursuant to this part with respect to a specific violation identified in the approved plan prior to the date that is the earlier of the date on which consolidation is completed according to the plan or the date that is 2 years after the plan is approved. "(i) DEFINITION OF APPLICABLE REQUIREMENT. — In this section, the term 'applicable requirement' means— "(1) a requirement of section 1412, 1414, 1415, 1416, 1417, 1441, or 1445; "(2) a regulation promulgated pursuant to a section referred to in paragraph (1); "(3) a schedule or requirement imposed pursuant to a section referred to in paragraph (1); and "(4) a requirement of, or permit issued under, an applicable State program for which the Administrator has made a determination that the requirements of section 1413 have been satisfied, or an applicable State program approved pursuant to this part.". (b) STATE AUTHORITY FOR ADMINISTRATIVE PENALTIES. — Section 1413(a) (42 U.S.C. 300g-2(a)) is amended— (1) by striking "and" at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting "; and"; and

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