Page:United States Statutes at Large Volume 88 Part 2.djvu/351

 88 STAT. ]

PUBLIC LAW 93-523-DEC. 16, 1974

1667

"(ii)(a) the State fails to submit the report I'equested by the Administrator within the time period prescribed by the preceding sentence; or " {^) the State submits such report within such period but the Administrator, after considering the report, determines that the State abused its discretion in carrying out primary enforcement responsibility for public water systems by both— " (I) failing to implement by such sixtieth day adequate procedures to bring the system into compliance by the earliest feasible time, and " ( II) failing to assure by such day the provision through alternative means of safe drinking water by the earliest feasible time; the Administrator may commence a civil action under subsection (b). "(2) Whenever, on the basis of information available to him, the civii action. Administrator finds during a period during which a State does not have primary enforcement responsibility for public water systems that a public water system in such State— " (A) for which a variance under section 1415(a)(2) or an exemption under section 1416(f) is not in effect, does not comply with any national primary drinking water regulation in effect under section 1412, or " (B) for which a variance under section 1415(a)(2) or an exemption under section 1416(f) is in effect, does not comply with any schedule or other requirement imposed pursuant thereto, he may commence a civil action under subsection (b). "(b) The Administrator may bring a civil action in the appropriate United States district court to require compliance with a national primary drinking water regulation or with any schedule or other requirement imposed pursuant to a variance or exemption granted under section 1415 or 1416 if— "(1) authorized under paragraph (1) or (2) of subsection (a), or "(2) if requested by (A) the chief executive officer of the State in which is located the public water system which is not in compliance with such regulation or requirement, or (B) the agency of such State which has jurisdiction over compliance by public water systems in the State with national primary drinking water regulations or State drinking water regulations. The court may enter, in an action brought under this subsection, Judicial deter. such judgment as protection of public health may require, taking into "'^"'^ ^°"' consideration the time necessary to comply and the availability of alternative water supplies; and, if the court determines that there has been a willful violation of the regulation or schedule or other requirement with respect to which the action was brought, the court may, taking into account the seriousness of the violation, the population at risk, and other appropriate factors, impose on the violator a civil Penalty. penalty of not to exceed $5,000 for each day in which such violation occurs. "(c) Each owner or operator of a public water system shall give Notice. notice to the persons served by it— " (1) of any failure on the part of the public water system to— " (A) comply with an applicable maximum contaminant level or treatment technique requirement of, or a testing procedure prescribed by, a national primary drinking water regulation, or

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