Page:United States Statutes at Large Volume 88 Part 2.djvu/364

 1680

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

Fe^"^i\''R"°" '" create a significant hazard to public health, he shall publish notice of ^^e era egis- ^j^^^ determination in the Federal Register. After the publication of any such notice, no commitment for Federal financial assistance (through a grant, contract, loan guarantee, or otherwise) may be entered into for any project which the Administrator determines may contaminate such aquifer through a recharge zone so as to create a significant hazard to public health, but a commitment for Federal financial assistance may, if authorized under another provision of law, be entered into to plan or design the project to assure that it will not so contaminate the aquifer. "PART D—EMERGENCY POWERS "EMERGENCY POWERS

42 USC 3ooi.

w?h's^t""e^lt^d local author!. ties.

penalty.

"SEC. 1431. (a) Notwithstanding any other provision of this title, the Administrator, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons, and that appropriate State and local authorities have not acted to protect the health of such persons, may take such actions as he may deem necessary in order to protect the health of such persons. To the extent he determines it to be practicable in light of such imminent endangerment, he shall consult with the State and local authorities in Order to coufirm the correctness of the information on which action proposed to be taken under this subsection is based and to ascertain the action which such authorities are or will be taking. The action which the Administrator may take may include (but shall not be limited to) (1) issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), and (2) commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction. " (b) Any person who willfully violates or fails or refuses to comply with any order issued by the Administrator under subsection (a)(1) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $5,000 for each day in which such violation occurs or failure to comply continues. " P A R T E — GENERAL PROVISIONS "ASSURANCE OF AVAILABILITY or

ADEQUATE SUPPLIES OF CHEMICALS

NECESSARY FOR T R E A T M E N T OF WATER

Certification

"SEC. 1441. (a) If ally person who uses chlorine, activated carbon,

of n e e d a p p l i -

-.

cation. 42 USC 3ooj.

lime, ammonia, soda ash, potassium permanganate, caustic soda, or other chemical or substance for the purpose of treating water in any public water system or in any public treatment works determines that the amount of such chemical or substance necessary to effectively treat such water is not reasonably available to him or will not be so available to him when required for the effective treatment of such water, such person may apply to the Administrator for a certification (hereinafter in this section referred to as a 'certification of need') that the amount of such chemical or substance which such person requires to effectively treat such water is not reasonably available to him or will not be so available when required for the effective treatment of such water. ^^ (h)(1) Au application for a certification of need shall be in such form aud Submitted in such manner as the Administrator may require

Application requiremen s.

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