LEG00140

• Bill Number: PUB104-182
• Year: 1996
• Title: To reauthorize and amend title XIV of the Public Health Service Act ‎(Commonly Known as the "Safe Drinking Water Act")‎ and for Other Purposes
• Legislation - Doc Type: Congressional Legislative Information

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the <<NOTE: Orders.>> Administrator shall issue an order
under subsection (g) requiring the public water system
to comply with the requirement, or commence a civil
action under subsection (b).
"(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 chat the action is taken. I , .
(2) In the first sentence of subsection (b), by striking "a
national primary drinking water regulation I , and inserting any
applicable requirement' I.
(3) In subsection (g)--
(A) in paragraph (1), by striking "regulation,
schedule, or otherl' each place it appears and inserting
"applicable I , i
(B) in paragraph (2)--
(i) in the first sentence--
(I) by striking "effect until after
notice and opportunity for public
hearing and, 'I and inserting
"effect,'I; and
(II) by striking "proposed order' ,
and inserting "orderl'i and
(ii) in the second sentence, by striking
"proposed to bel '; and

[[Page 110 STAT. 1635]]

(C) in paragraph (3)--
(i) by striking subparagraph (B) and inserting
the following:

"(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,
United States Code). 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, United States Code. I Ii and
(ii) in subparagraph (C), by striking
"paragraph exceeds $5,000" and inserting
"subsection for a violation of an applicable
requirement exceeds $25,000".
(4) By adding at the end the following:

"(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 1413) 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

http://www.epa.gov/safewater/sdwaltext.html

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12/20/2001