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<br />----- -- ---- ----- --~------o "_~_L L1_~ <br /> <br />more other systems; or <br />"(C) the transfer of ownership of the system that <br />may reasonably be expected to improve drinking water <br />quality. <br />"(2) Consequences of approval.--If the State or the <br />Administrator approves a plan pursuant to paragraph (1), no <br />enforcement action shall be taken pursuant ,to this part with <br />respect to a specific violation identified in the approved plan <br />prior to the date that is the earlier of the date on which <br />consolidation is completed according to the plan or the date <br />that is 2 years after the plan is approved. <br /> <br />"(i) Definition of Applicable Requirement.--In this section, the <br />term 'applicable requirement! means-- <br />"(1) a requirement of section 1412, 1414, 1415, 1416, 1417, <br />1441, or 1445; <br />"(2) a regulation promulgated pursuant to a section <br />referred to in paragraph (1); <br />"(3) a schedule or requirement imposed pursuant to a <br />section referred to in paragraph (1); and <br />"(4) a requirement of, or permit issued under, an <br />applicable State program for which the Administrator has made a <br />determination that the requirements of section 1413 have been <br />satisfied, or an applicable State program approved pursuant to <br />this part.!'. <br /> <br />(b) State Authority for Administrative Penalties.--Section 1413(a) <br />(42 D.S.C. 300g-2(a)) is amended-- <br />(1) by striking "and" at the end of paragraph (4); <br />(2) by striking the period at the end of paragraph (5) and <br />inserting "; andl'i and <br /> <br />[[Page 110 STAT. 1636] ] <br /> <br />(3) by adding at the end the following, <br />"(6) has adopted authority for administrative penalties <br />(unless the constitution of the State prohibits the adoption of <br />the authority) in a maximum amount-- <br />"(A) in the case of a system serving a population <br />of more than 10,000, that is not less than $1,000 per <br />day per violation; and <br />"(B) in the case of any other system, that is <br />adequate to ensure compliance (as determined by the <br />State) ; <br />except that a State may establish a maximum limitation on the <br />total amount of administrative penalties that may be imposed on <br />a public water system per violation. . r . <br /> <br />(c) Judicial Review.--Section 1448 (a) (42 D.S.C. 300j-7(a)) is <br />amended -'- <br />(1) in paragraph (2) of the first sentence, by inserting <br />"final!' after "any other! I; <br />(2) in the second sentence, by striking "or issuance of the <br />order' I and inserting "or any other final Agency action' I; and <br />(3) by adding at the end the following "In any petition <br />concerning the assessment of a civil penalty pursuant to section <br />1414 (g) (3) (B), the petitioner shall simultaneously send a copy <br />of the complaint by certified mail to the Administrator and the <br />Attorney General. The court shall Get aside and remand the <br />penalty order if the court finds that there is not substantial <br /> <br />http://www.epa.gov/safewater/sdwa/text.html <br /> <br />.J.. "5'" ":'V Vi UJ <br /> <br />12/20/2001 <br />