110 STAT. 1636
PUBLIC LAW 104-182—AUG. 6, 1996
(3) by adding at the end the following:
"(6) has adopted authority for administrative penalties
(unless the constitution of the State prohibits the adoption
of the authority) in a maximum amount—
"(A) in the case of a system serving a population of
more than 10,000, that is not less than $1,000 per day
per violation; and
"(B) in the case of any other system, that is adequate
to ensure compliance (as determined by the State);
except that a State may establish a maximum limitation on
the total amount of administrative penalties that may be
imposed on a public water system per violation.".
(c) JUDICIAL REVIEW.— Section 1448(a) (42 U.S.C. 300j-7(a))
is amended—
(1) in paragraph (2) of the first sentence, by inserting
"final" after "any other";
(2) in the second sentence, by striking "or issuance of
the order" and inserting "or any other final Agency action";
and
(3) by adding at the end the following "In any petition
concerning the assessment of a civil penalty pursuant to section
1414(g)(3)(B), the petitioner shall simultaneously send a copy
of the complaint by certified mail to the Administrator and
the Attorney General. The court shall set aside and remand
the penalty order if the court finds that there is not substantial
evidence in the record to support the finding of a violation
or that the assessment of the penalty by the Administrator
constitutes an abuse of discretion.".
(d) EMERGENCY POWERS. —Section 1431(b) (42 U.S.C. 300i(b))
is amended by striking "$5,000" and inserting "$15,000".
SEC. 114. PUBLIC NOTIFICATION.
(a) PUBLIC WATER SYSTEMS. —Section 1414(c) (42 U.S.C. 300g -
3(c)) is amended to read as follows:
"(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 msiximum 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
1445(a).
"(B) If the public water system is subject to a variance
granted under subsection (a)(1)(A), (a)(2), or (e) of section
1415 for an inability to meet a maximum contaminant
level requirement or is subject to an exemption granted
under section 1416, 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.
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