Page:United States Statutes at Large Volume 102 Part 3.djvu/933

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-572—OCT. 31, 1988

102 STAT. 2885

"(4) REPAIR.—The term 'repair' means, with respect to a drinking water cooler, to take such corrective action as is necessary to ensure that water cooler is lead free. "(5) REPLACEMENT.—The term 'replacement', when used with respect to a drinking water cooler, means the permanent removal of the water cooler and the installation of a lead free water cooler. "(6) SCHOOL.—The term 'school' means any elementary school or secondary school as defined in section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2854) and any kindergarten or day care facility. "(7) LEAD-UNED TANK.—The term 'lead-lined tank' means a water reservoir container in a drinking water cooler which container is constructed of lead or which has an interior surface which is not lead free. "SEC. 1462. RECALL OF DRINKING WATER COOLERS WITH LEAD-LINED TANKS.

42 USC 300J-22.

"For purposes of the Consumer Product Safety Act, all drinking water coolers identified by the Administrator on the list under section 1463 as having a lead-lined tank shall be considered to be imminently hazardous consumer products within the meaning of section 12 of such Act (15 U.S.C. 2061). After notice and opportunity Business and for comment, including a public hearing, the C!onsumer Product industry. Safety O)mmission shall issue an order requiring the manufacturers and importers of such coolers to repair, replace, or recall and provide a refund for such coolers within 1 year after the enactment of the Lead Contamination Control Act of 1988. For purposes of enforcement, such order shall be treated as an order under section 15(d) of that Act (15 U.S.C. 2064(d)). "SEC. 1463. DRINKING WATER COOLERS CONTAINING LEAD.

42 USC 300J-23.

"(a) PUBLICATION OF LISTS.—The Administrator shall, after notice and opportunity for public comment, identify each brand and model of drinking water cooler which is not lead free, including each brand and model of drinking water cooler which has a lead-lined tank. For purposes of identifying the brand and model of drinking water coolers under this subsection, the Administrator shall use the best information available to the Environmental Protection Agency. Within 100 days after the enactment of this section, the Adminis- Public trator shall publish a list of each brand and model of drinking water information. cooler identified under this subsection. Such list shall separately identify each brand and model of cooler which has a lead-lined tank. The Administrator shall continue to gather information regarding lead in drinking water coolers and shall revise and republish the list from time to time as may be appropriate as new information or analysis becomes available regarding lead contamination in drinking water coolers. "(b) PROHIBITION.—No person may sell in interstate commerce, or manufacture for sale in interstate commerce, any drinking water cooler listed under subsection (a) or any other drinking water cooler which is not lead free, including a lead-lined drinking water cooler. "(c) CRIMINAL PENALTY.—Any person who knowingly violates the prohibition contained in subsection (b) shall be imprisoned for not more than 5 years, or fined in accordance with title 18 of the United States (Dode, or both.