Page:United States Statutes at Large Volume 88 Part 2.djvu/371

 88 STAT.]

PUBLIC LAW 9 3 - 5 2 3 - D E C. 16, 1974

1687

" (b)(1) Except as provided in para- appropi-iate credentials and a written notice to any supplier of water or other person subject to a national primary drinking water ]'e<>ulation prescribed under section 1412 or applicable " ^' Punderriun (or person in charge of any of the property of such supi)]ier or other peison), is authorized to enter any establishment, facility, or other pi'0perty of such supplier or other person in order to determine whethei- such supplier or other person has acted or is acting in compliance with this title, including for this purpose, inspection, at reasonable times, of records, files, papers, processes, controls, and facilities, or in ordei- to test any feature of a public water system, including its raw water source. The ^ ^^^jj and^exAdministrator or the Com))troller General (or any representative r^'"rds°" ° designated by either) shall ha\e access for the purpose of audit and examination to any records, reports, or information of a grantee which are required to be maintained under subsection (a) or which are pertinent to any financial assistance under this title. "(2) No entry may be made under the Hi'st sentence of paragraph Entry restric(1) in an establishment, facility, oi- other pi'Operty of a supplier of water or other person subject to a national primary drinking water regulation if the establishment, facility, oi- other property is located in a State which has primary enforcement responsibility for))ublic water systems unless, before Aviitten notice of such entry is made, the Administrator (or his representative) notifies the State agency charged with responsibility for safe drinking water- of the reasons for such entry. The Administiator shall, upon a showing by the State agency that such an entry will be detrimental to the administration of the State's program of primary enforcement responsibility, take such showing into consideration in determining whether to make such entry. No State agency which receives notice undei- this paragraph of an entry proposed to be made under paragraph (1) may use the information contained in the notice to inform the person whose property is proposed to be entered of the proposed eiitiy; and if a State agency so uses such information, notice to the agency under this paragraph is not required until such time as the Administrator determines the agency has provided him satisfactory assurances that it will no longer so use information contained in a notice under this paragraph. "(c) Whoever fails or refuses to comply with any requirement of ^^"''I'ysubsection (a) or to allow the Administrator, the Comptroller General, or representatives of either, to enter and conduct any audit or inspection authorized by subsection (b) may be fined not more than $5,000. " (d)(1) Subject to paragraph (2), upon a showing satisfactory to Confidential J.1

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the Administrator by any person that any mtormation re(|uired under this section from such person. if made public, would divulge trade secrets or secret processes of such person, the Administrator shall consider such information confidential in accordance with the purposes of section 1905 of title IS of the Ignited States Code. If the applicant fails to make a showing satisfactory to the Administrator, the Administrator shall give such applicant thirty days' notice before releasing the information to which the application relates (unless the public health or safety requires an earlier release of such information), "(2) Any information required under this section (A) may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this title or to committees of the Congress, or when relevant in any proceeding under this title, and (B) shall be disclosed to the extent it deals with the level of contaminants in drinking Avater. For purposes of this subsection the

information.

Information disclosure.

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