|
U.S. Code as of:
01/19/04
Section 300g-3. Enforcement of drinking water regulations
(a) Notice to State and public water system; issuance of
administrative order; civil action
(1)(A) Whenever the Administrator finds during a period during
which a State has primary enforcement responsibility for public
water systems (within the meaning of section 300g-2(a) of this
title) that any public water system -
(i) for which a variance under section 300g-4 or an exemption
under section 300g-5 of this title is not in effect, does not
comply with any applicable requirement, or
(ii) for which a variance under section 300g-4 or an exemption
under section 300g-5 of this title is in effect, does not comply
with any schedule or other requirement imposed pursuant thereto,
he shall so notify the State and such public water system 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 the requirement by the earliest feasible time.
(B) If, beyond the thirtieth day after the Administrator's
notification under subparagraph (A), the State has not commenced
appropriate enforcement action, the Administrator shall issue an
order under subsection (g) of this section requiring the public
water system to comply with such applicable requirement or the
Administrator shall commence a civil action under subsection (b) of
this section.
(2) Enforcement in nonprimacy states. -
(A) In general. - If, on the basis of information available to
the Administrator, the Administrator finds, with respect to a
period in which a State does not have primary enforcement
responsibility for public water systems, that a public water
system in the State -
(i) for which a variance under section 300g-4 of this title
or an exemption under section 300g-5 of this title is not in
effect, does not comply with any applicable requirement; or
(ii) for which a variance under section 300g-4 of this title
or an exemption under section 300g-5 of this title is in
effect, does not comply with any schedule or other requirement
imposed pursuant to the variance or exemption;
the Administrator shall issue an order under subsection (g) of
this section requiring the public water system to comply with the
requirement, or commence a civil action under subsection (b) of
this section.
(B) Notice. - If the Administrator takes any action pursuant to
this paragraph, the Administrator shall notify an appropriate
local elected official, if any, with jurisdiction over the public
water system of the action prior to the time that the action is
taken.
(b) Judicial determinations in appropriate Federal district courts;
civil penalties, separate violations
The Administrator may bring a civil action in the appropriate
United States district court to require compliance with any
applicable requirement with an order issued under subsection (g) of
this section, or with any schedule or other requirement imposed
pursuant to a variance or exemption granted under section 300g-4 or
300g-5 of this title if -
(1) authorized under paragraph (1) or (2) of subsection (a) of
this section, 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,
such judgement 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 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 of not to exceed $25,000 for
each day in which such violation occurs.
(c) Notice to persons served
(1) In general
Each owner or operator of a public water system shall give
notice of each of the following to the persons served by the
system:
(A) Notice of any failure on the part of the public water
system to -
(i) 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
(ii) perform monitoring required by section 300j-4(a) of
this title.
(B) If the public water system is subject to a variance
granted under subsection (a)(1)(A), (a)(2), or (e) of section
300g-4 of this title for an inability to meet a maximum
contaminant level requirement or is subject to an exemption
granted under section 300g-5 of this title, notice of -
(i) the existence of the variance or exemption; and
(ii) any failure to comply with the requirements of any
schedule prescribed pursuant to the variance or exemption.
(C) Notice of the concentration level of any unregulated
contaminant for which the Administrator has required public
notice pursuant to paragraph (2)(E).
(2) Form, manner, and frequency of notice
(A) In general
The Administrator shall, by regulation, and after
consultation with the States, prescribe the manner, frequency,
form, and content for giving notice under this subsection. The
regulations shall -
(i) provide for different frequencies of notice based on
the differences between violations that are intermittent or
infrequent and violations that are continuous or frequent;
and
(ii) take into account the seriousness of any potential
adverse health effects that may be involved.
(B) State requirements
(i) In general
A State may, by rule, establish alternative notification
requirements -
(I) with respect to the form and content of notice given
under and in a manner in accordance with subparagraph (C);
and
(II) with respect to the form and content of notice given
under subparagraph (D).
(ii) Contents
The alternative requirements shall provide the same type
and amount of information as required pursuant to this
subsection and regulations issued under subparagraph (A).
(iii) Relationship to section 300g-2
Nothing in this subparagraph shall be construed or applied
to modify the requirements of section 300g-2 of this title.
(C) Violations with potential to have serious adverse effects
on human health
Regulations issued under subparagraph (A) shall specify
notification procedures for each violation by a public water
system that has the potential to have serious adverse effects
on human health as a result of short-term exposure. Each notice
of violation provided under this subparagraph shall -
(i) be distributed as soon as practicable after the
occurrence of the violation, but not later than 24 hours
after the occurrence of the violation;
(ii) provide a clear and readily understandable explanation
of -
(I) the violation;
(II) the potential adverse effects on human health;
(III) the steps that the public water system is taking to
correct the violation; and
(IV) the necessity of seeking alternative water supplies
until the violation is corrected;
(iii) be provided to the Administrator or the head of the
State agency that has primary enforcement responsibility
under section 300g-2 of this title as soon as practicable,
but not later than 24 hours after the occurrence of the
violation; and
(iv) as required by the State agency in general regulations
of the State agency, or on a case-by-case basis after the
consultation referred to in clause (iii), considering the
health risks involved -
(I) be provided to appropriate broadcast media;
(II) be prominently published in a newspaper of general
circulation serving the area not later than 1 day after
distribution of a notice pursuant to clause (i) or the date
of publication of the next issue of the newspaper; or
(III) be provided by posting or door-to-door notification
in lieu of notification by means of broadcast media or
newspaper.
(D) Written notice
(i) In general
Regulations issued under subparagraph (A) shall specify
notification procedures for violations other than the
violations covered by subparagraph (C). The procedures shall
specify that a public water system shall provide written
notice to each person served by the system by notice (I) in
the first bill (if any) prepared after the date of occurrence
of the violation, (II) in an annual report issued not later
than 1 year after the date of occurrence of the violation, or
(III) by mail or direct delivery as soon as practicable, but
not later than 1 year after the date of occurrence of the
violation.
(ii) Form and manner of notice
The Administrator shall prescribe the form and manner of
the notice to provide a clear and readily understandable
explanation of the violation, any potential adverse health
effects, and the steps that the system is taking to seek
alternative water supplies, if any, until the violation is
corrected.
(E) Unregulated contaminants
The Administrator may require the owner or operator of a
public water system to give notice to the persons served by the
system of the concentration levels of an unregulated
contaminant required to be monitored under section 300j-4(a) of
this title.
(3) Reports
(A) Annual report by State
(i) In general
Not later than January 1, 1998, and annually thereafter,
each State that has primary enforcement responsibility under
section 300g-2 of this title shall prepare, make readily
available to the public, and submit to the Administrator an
annual report on violations of national primary drinking
water regulations by public water systems in the State,
including violations with respect to (I) maximum contaminant
levels, (II) treatment requirements, (III) variances and
exemptions, and (IV) monitoring requirements determined to be
significant by the Administrator after consultation with the
States.
(ii) Distribution
The State shall publish and distribute summaries of the
report and indicate where the full report is available for
review.
(B) Annual report by Administrator
Not later than July 1, 1998, and annually thereafter, the
Administrator shall prepare and make available to the public an
annual report summarizing and evaluating reports submitted by
States pursuant to subparagraph (A) and notices submitted by
public water systems serving Indian Tribes provided to the
Administrator pursuant to subparagraph (C) or (D) of paragraph
(2) and making recommendations concerning the resources needed
to improve compliance with this subchapter. The report shall
include information about public water system compliance on
Indian reservations and about enforcement activities undertaken
and financial assistance provided by the Administrator on
Indian reservations, and shall make specific recommendations
concerning the resources needed to improve compliance with this
subchapter on Indian reservations.
(4) Consumer confidence reports by community water systems
(A) Annual reports to consumers
The Administrator, in consultation with public water systems,
environmental groups, public interest groups, risk
communication experts, and the States, and other interested
parties, shall issue regulations within 24 months after August
6, 1996, to require each community water system to mail to each
customer of the system at least once annually a report on the
level of contaminants in the drinking water purveyed by that
system (referred to in this paragraph as a "consumer confidence
report"). Such regulations shall provide a brief and plainly
worded definition of the terms "maximum contaminant level
goal", "maximum contaminant level", "variances", and
"exemptions" and brief statements in plain language regarding
the health concerns that resulted in regulation of each
regulated contaminant. The regulations shall also include a
brief and plainly worded explanation regarding contaminants
that may reasonably be expected to be present in drinking
water, including bottled water. The regulations shall also
provide for an Environmental Protection Agency toll-free
hotline that consumers can call for more information and
explanation.
(B) Contents of report
The consumer confidence reports under this paragraph shall
include, but not be limited to, each of the following:
(i) Information on the source of the water purveyed.
(ii) A brief and plainly worded definition of the terms
"maximum contaminant level goal", "maximum contaminant
level", "variances", and "exemptions" as provided in the
regulations of the Administrator.
(iii) If any regulated contaminant is detected in the water
purveyed by the public water system, a statement setting
forth (I) the maximum contaminant level goal, (II) the
maximum contaminant level, (III) the level of such
contaminant in such water system, and (IV) for any regulated
contaminant for which there has been a violation of the
maximum contaminant level during the year concerned, the
brief statement in plain language regarding the health
concerns that resulted in regulation of such contaminant, as
provided by the Administrator in regulations under
subparagraph (A).
(iv) Information on compliance with national primary
drinking water regulations, as required by the Administrator,
and notice if the system is operating under a variance or
exemption and the basis on which the variance or exemption
was granted.
(v) Information on the levels of unregulated contaminants
for which monitoring is required under section 300j-4(a)(2)
of this title (including levels of cryptosporidium and radon
where States determine they may be found).
(vi) A statement that the presence of contaminants in
drinking water does not necessarily indicate that the
drinking water poses a health risk and that more information
about contaminants and potential health effects can be
obtained by calling the Environmental Protection Agency
hotline.
A public water system may include such additional information
as it deems appropriate for public education. The Administrator
may, for not more than 3 regulated contaminants other than
those referred to in subclause (IV) of clause (iii), require a
consumer confidence report under this paragraph to include the
brief statement in plain language regarding the health concerns
that resulted in regulation of the contaminant or contaminants
concerned, as provided by the Administrator in regulations
under subparagraph (A).
(C) Coverage
The Governor of a State may determine not to apply the
mailing requirement of subparagraph (A) to a community water
system serving fewer than 10,000 persons. Any such system shall
-
(i) inform, in the newspaper notice required by clause
(iii) or by other means, its customers that the system will
not be mailing the report as required by subparagraph (A);
(ii) make the consumer confidence report available upon
request to the public; and
(iii) publish the report referred to in subparagraph (A)
annually in one or more local newspapers serving the area in
which customers of the system are located.
(D) Alternative to publication
For any community water system which, pursuant to
subparagraph (C), is not required to meet the mailing
requirement of subparagraph (A) and which serves 500 persons or
fewer, the community water system may elect not to comply with
clause (i) or (iii) of subparagraph (C). If the community water
system so elects, the system shall, at a minimum -
(i) prepare an annual consumer confidence report pursuant
to subparagraph (B); and
(ii) provide notice at least once per year to each of its
customers by mail, by door-to-door delivery, by posting or by
other means authorized by the regulations of the
Administrator that the consumer confidence report is
available upon request.
(E) Alternative form and content
A State exercising primary enforcement responsibility may
establish, by rule, after notice and public comment,
alternative requirements with respect to the form and content
of consumer confidence reports under this paragraph.
(d) Notice of noncompliance with secondary drinking water
regulations
Whenever, on the basis of information available to him, the
Administrator finds that within a reasonable time after national
secondary drinking water regulations have been promulgated, one or
more public water systems in a State do not comply with such
secondary regulations, and that such noncompliance appears to
result from a failure of such State to take reasonable action to
assure that public water systems throughout such State meet such
secondary regulations, he shall so notify the State.
(e) State authority to adopt or enforce laws or regulations
respecting drinking water regulations or public water systems
unaffected
Nothing in this subchapter shall diminish any authority of a
State or political subdivision to adopt or enforce any law or
regulation respecting drinking water regulations or public water
systems, but no such law or regulation shall relieve any person of
any requirement otherwise applicable under this subchapter.
(f) Notice and public hearing; availability of recommendations
transmitted to State and public water system
If the Administrator makes a finding of noncompliance (described
in subparagraph (A) or (B) of subsection (a)(1) of this section)
with respect to a public water system in a State which has primary
enforcement responsibility, the Administrator may, for the purpose
of assisting that State in carrying out such responsibility and
upon the petition of such State or public water system or persons
served by such system, hold, after appropriate notice, public
hearings for the purpose of gathering information from technical or
other experts, Federal, State, or other public officials,
representatives of such public water system, persons served by such
system, and other interested persons on -
(1) the ways in which such system can within the earliest
feasible time be brought into compliance with the regulation or
requirement with respect to which such finding was made, and
(2) the means for the maximum feasible protection of the public
health during any period in which such system is not in
compliance with a national primary drinking water regulation or
requirement applicable to a variance or exemption.
On the basis of such hearings the Administrator shall issue
recommendations which shall be sent to such State and public water
system and shall be made available to the public and communications
media.
(g) Administrative order requiring compliance; notice and hearing;
civil penalty; civil actions
(1) In any case in which the Administrator is authorized to bring
a civil action under this section or under section 300j-4 of this
title with respect to any applicable requirement, the Administrator
also may issue an order to require compliance with such applicable
requirement.
(2) An order issued under this subsection shall not take effect,
in the case of a State having primary enforcement responsibility
for public water systems in that State, until after the
Administrator has provided the State with an opportunity to confer
with the Administrator regarding the order. A copy of any order
issued under this subsection shall be sent to the appropriate State
agency of the State involved if the State has primary enforcement
responsibility for public water systems in that State. Any order
issued under this subsection shall state with reasonable
specificity the nature of the violation. In any case in which an
order under this subsection is issued to a corporation, a copy of
such order shall be issued to appropriate corporate officers.
(3)(A) Any person who violates, or fails or refuses to comply
with, an order under this subsection shall be liable to the United
States for a civil penalty of not more than $25,000 per day of
violation.
(B) In a case in which a civil penalty sought by the
Administrator under this paragraph does not exceed $5,000, the
penalty shall be assessed by the Administrator after notice and
opportunity for a public hearing (unless the person against whom
the penalty is assessed requests a hearing on the record in
accordance with section 554 of title 5). In a case in which a civil
penalty sought by the Administrator under this paragraph exceeds
$5,000, but does not exceed $25,000, the penalty shall be assessed
by the Administrator after notice and opportunity for a hearing on
the record in accordance with section 554 of title 5.
(C) Whenever any civil penalty sought by the Administrator under
this subsection for a violation of an applicable requirement
exceeds $25,000, the penalty shall be assessed by a civil action
brought by the Administrator in the appropriate United States
district court (as determined under the provisions of title 28).
(D) If any person fails to pay an assessment of a civil penalty
after it has become a final and unappealable order, or after the
appropriate court of appeals has entered final judgment in favor of
the Administrator, the Attorney General shall recover the amount
for which such person is liable in any appropriate district court
of the United States. In any such action, the validity and
appropriateness of the final order imposing the civil penalty shall
not be subject to review.
(h) Consolidation incentive
(1) In general
An owner or operator of a public water system may submit to the
State in which the system is located (if the State has primary
enforcement responsibility under section 300g-2 of this title) or
to the Administrator (if the State does not have primary
enforcement responsibility) a plan (including specific measures
and schedules) for -
(A) the physical consolidation of the system with 1 or more
other systems;
(B) the consolidation of significant management and
administrative functions of the system with 1 or more other
systems; or
(C) the transfer of ownership of the system that may
reasonably be expected to improve drinking water quality.
(2) Consequences of approval
If the State or the Administrator approves a plan pursuant to
paragraph (1), no enforcement action shall be taken pursuant to
this part with respect to a specific violation identified in the
approved plan prior to the date that is the earlier of the date
on which consolidation is completed according to the plan or the
date that is 2 years after the plan is approved.
(i) "Applicable requirement" defined
In this section, the term "applicable requirement" means -
(1) a requirement of section 300g-1, 300g-3, 300g-4, 300g-5,
300g-6 (!1) 300i-2, 300j, or 300j-4 of this title;
(2) a regulation promulgated pursuant to a section referred to
in paragraph (1);
(3) a schedule or requirement imposed pursuant to a section
referred to in paragraph (1); and
(4) a requirement of, or permit issued under, an applicable
State program for which the Administrator has made a
determination that the requirements of section 300g-2 of this
title have been satisfied, or an applicable State program
approved pursuant to this part.
|
|