Page:United States Statutes at Large Volume 88 Part 2.djvu/350

 1666

PUBLIC LAW 93-523-DEC. 16, 1974

Regulations.

Notice and hearing. Publication in Federal RegiS'

ter.

"

Notice.

Applications.

[88 STAT.

"(5) has adopted and can implement an adequate plan for the provision of safe drinking water under emergency circumstances. " (b)(1) The Administrator shall, by regulation (proposed within 180 days of the date of the enactment of this title), prescribe the manner in which a State may apply to the Administrator for a determination that the requirements of paragraphs (1), (2), (3), and (4) of subsection (a) are satisfied with respect to the State, the manner in which the determination is made, the period for which the determination will be effective, and the manner in which the Administrator may determine that such requirements are no longer met. Such regulations shall require that before a determination of the Administrator that such requirements are met or are no longer met with respect to a State may become effective, the Administrator shall notify such State of the determination and the reasons therefor and shall provide an opportunity for public hearing on the determination. Such regulations shall be promulgated (with such modifications as the Administrator deems appropriate) within 90 days of the publication of the proposed regulations in the Federal Register. The Administrator shall promptly notify in writing the chief executive officer of each State of the promulgation of regulations under this paragraph. Such notice shall contain a copy of the regulations and shall specify a State's authority under this title when it is determined to have primary enforcement responsibility for public water systems. '^{2) Whcu au application is submitted in accordance with the Administrator's regulations under paragraph (1), the Administrator shall within 90 days of the date on which such application is submitted (A) make the determination applied for, or (B) deny the application and notify the applicant in writing of the reasons for his denial. "FAILURE BY STATE TO ASSURE ENFORCEMENT OF DRINKING WATER REGULATIONS

42 USC 3oog-3.

Notice.

Notice.

Civil action.

agj,^^ -^^^ (a)(1) ( ^) Whenever the Administrator finds during a period during which a State has primary enforcement responsibility tor public water systems (within the meaning of section 1413(a)) that any public water system— " (i) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not comply with any national primary drinking water regulation in effect under section 1412, or "(ii) for which a variance under section 1415 or an exemption under section 1416 is in effect, does not comply with any schedule or other requirement imposed pursuant thereto. i^g shall so notify the State and provide such advice and technical assistance to such State and public water system as may be appropriate to bring the system into compliance with such regulation or requirement by the earliest feasible time. " (B) If the Administrator finds such failure to comply extends beyond the thirtieth day after the date of the notice given pursuant ^Q subparagraph (A), he shall give public notice of such finding and request the State to report within fifteen days from the date of such public notice as to the steps being taken to bring the system into compliance (including reasons for anticipated steps to be taken to bring the system into compliance and for any failure to take steps to bring the system into compliance). If— " (i) such failure to comply extends beyond the sixtieth day after the date of the notice given pursuant to subparagraph (A): and

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