Page:United States Statutes at Large Volume 88 Part 2.djvu/377

 88 STAT. ]

PUBLIC LAW 93-523-DEC. 16, 1974

1693

against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. "(3)(A) Any person adversely affected or aggrieved by an order P e t i t i o n for issued under paragraph (2) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred. The petition for review must be filed within sixty days from the issuance of the Secretary's order. Review shall conform to chapter 7 of title 5 of the United States Code. The commencement of proceedings under 5 USC 701, this subparagraph shall not, unless ordered by the court, operate as a stay of the Secretary's order. " (B) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. "(4) Whenever a person has failed to comply with an order issued Noncompliance under paragraph (2)(B), the Secretary shall file a civil action in the '''"'^ action. United States District Court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory, and exemplary damages. Civil actions filed under this paragraph shall be heard and decided expeditiously. "(5) Any nondiscretionary duty imposed by this section is enforce- Mandamus proable in mandamus proceeding brought under section 1361 of title 28 "^^ '"^' of the United States Code. "(6) Paragraph (1) shall not apply with respect to any employee who, acting without direction from his employer (or the employer's aofent). deliberately causes a violation of any requirement of this title." (b) Section 2(f) of the Public Health Service Act is amended by '•^ use 201. inserting " (1) " after "except that" and by inserting before the semicolon at the end thereof the following: ", and (2) as used in title X IV such term includes Guam, American Samoa, and the Trust Terri- ^"'«' P- ^^ei. toiy of the Pacific Islands". RURAL WATER SURVEY

SEC. 3. (a) The Administrator of the Environmental Protection ^2 USC soof Agency shall (after consultation with the Secretary of Agriculture "°*^and the several States) enter into arrangements with public or private entities as may be appropriate to conduct a survey of the quantity, quality, and availability of rural drinking water supplies. Such survey shall include, but not be limited to, the consideration of the number of residents in each rural area— (1) presently being inadequately served by a public or private drinking water supply system, or by an individual home drinking water supply system; (2) presently having limited or otherwise inadequate access to drinking water; (3) who, due to the absence or inadequacv of a drinking water supply system, are exposed to an increased health hazard; and (4) who have experienced incidents of chronic or acute illness, which may be attributed to the absence or inadequacy of a drinking water supply system.

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