Page:United States Statutes at Large Volume 102 Part 3.djvu/934

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2886

PUBLIC LAW 100-572—OCT. 31, 1988

"(d) CIVIL PENALTY.—The Administrator may bring a civil action in the appropriate United States District Court (as determined under the provisions of title 28 of the United States Cbde) to impose a civil penalty on any person who violates subsection (b). In any such action the court may impose on such person a civil penalty of not more than $5,000 ($50,000 in the case of a second or suteequent violation). 42 USC 300J-24.

"SEC. 1464. LEAD CONTAMINATION IN SCHOOL DRINKING WATER. "(a) DISTRIBUTION OP DRINKING WATER COOLER LIST.—Within 100

Public information.

State and local governments.

days after the enactment of this section, the Administrator shall distribute to the States a list of each brand and model of drinking water cooler identified and listed by the Administrator under section 1463(a). "(b) GUIDANCE DOCUMENT AND TESTING PROTOCOL.—The Administrator shall publish a guidance document and a testii^ protocol to assist schools in determining the source and degree of lead contamination in school drinking water supplies and in remedying such contamination. The guidance document shall include guidelines for sample preservation. The guidance document shall also include guidance to assist States, schools, and the general public in ascertaining the levels of lead contamination in drinking water coolers and in taking appropriate action to reduce or eliminate such contamination. The guidance document shall contain a testing protocol for the identification of drinking water coolers which contribute to lead contamination in drinking water. Such document and protocol may be revised, republished and redistributed as the Administrator deems necessary. The Administrator shall distribute the guidance dociunent and testing protocol to the States within 100 days after the enactment of this section. (c) DISSEMINATION TO SCHOOLS, ETC.—Each State shall provide for

the dissemination to local educational agencies, private nonprofit elementary or secondary schools and to day care centers of the guidance document and testing protocol published under subsection 0>), together with the list of dnnking water coolers published under section 1463(a). state and local

governments.

"(d) REMEDIAL ACTION PROGRAM.— "(1) TESTING AND REMEDYING LEAD CONTAMINATION.—Within 9

months after the enactment of this section, each State shall establish a program, consistent with this section, to assist local educational agencies in testing for, and remedying, lead contamination in drinking water from coolers and nrom other sources of lead contamination at schools under the jurisdiction of such agencies. "(2) PUBLIC AVAILABILITY.—A copy of the results of any testing under paragraph (1) shall be available in the administrative offices of the local educational agency for inspection by the public, including teachers, other school personnel, and parents. The local educational agency shall notify parent, teacher, and employee organizations of the availability of such testing results. "(3) COOLERS.—In the case of drinking water coolers, such program shall include measures for the reduction or elimination of lead contamination fix>m those water coolers which are not lead free and which are located in schools. Such measures shall be adequate to ensure that within 15 months after the enactment of this subsection all such water coolers in