848 



the date of such public notice as to the steps being 

 taken to bring the system into compliance (including 

 reasons for anticipated steps to be taken to bring 

 the system into compliance and for any failure to 

 take steps to bring the system into compliance) . If — 

 (i) such failure to comply extends beyond the 

 sixtieth day after the date of the notice given pur- 

 suant to subparagraph (A) ; and 



(ii) (o) the State fails to submit the report re- 

 quested by the Administrator within the time 

 period prescribed by the preceding sentence; or 



(/3) The State submits such report within such 

 period but the Administrator, after considering 

 the report, determines that the State abused its 

 discretion in carrying out primary enforcement 

 responsibility for public water systems by both — 



(I) failing to implement by such sixtieth day 

 adequate procedures to bring the system into 

 compliance by the earliest feasible time, and 



(II) failing to assure by such day the pro- 

 vision through alternative means of safe drink- 

 ing water by the earliest feasible time; 



the Administrator may commence a civil action 

 under subsection (b) of this section. 



(2) Whenever, on the basis of information avail- 

 able to him, the Administrator finds during a period 

 during which a State does not have primary enforce- 

 ment resp>onsibility for public water systems that a 

 public water system in such State — 



(A) for which a variance under section 300g-4 

 (a) (2) or an exemption under section 300g-5(f ) 

 of this title is not in effect, does not comply with 

 any national primary drinking water regulation In 

 effect under section 300g-l of this title, or 



(B) for which a variance under section 300g-4 

 (a) (2) or an exemption under section 300g-5 of 

 this title Is in effect, does not comply with any 

 schedule or other requirement Imposed pursuant 

 thereto, 



he may commence a civil action under subsection (b) 

 of this section. 



. (b) Judicial determinations in appropriate Federal 

 district courts; civil penalties; separate violations. 



The Administrator may bring a civil action in the 

 appropriate United States district court to require 

 compliance with a national primary drinking water 

 regulation or with any schedule or other require- 

 ment imposed pursuant to a variance or exemption 

 granted under section 300g-4 or 300g-5 of this title 

 if— 



(1) authorized under paragraph (1) or (2) of 

 subsection (a), or 



(2) if requested by (A) the chief executive offi- 

 cer of the State in which is located the public 

 water system which is not In compliance with 

 such regulation or requirement, or (B) the agency 

 of such State which has jurisdiction over com- 

 pliance by public water systems in the State with 

 national primary drinking water reg^ations or 

 State drinking water regulations. 



The court may enter, in an action brought under 

 this subsection, such judgment as protection of pub- 

 lic health may require, talring into consideration the 

 time necessary to comply and the availability of al- 



ternative water supplies; and, if the court deter- 

 mines that there has been a willful violation of the 

 regulation or schedule or other reqiiirement with 

 respect to which the action was brought, the court 

 may, taking into account the seriousness of the vio- 

 lation, the ixipulation at risk, and other appropriate 

 factors, impose on the violator a civil penalty of not 

 to exceed $5,000 for each day in which such violation 

 occurs. 



(c) Notice of owner or operator of public water system 

 to persons served; regulations for form and man- 

 ner of notice; penalties. 



Each owner or operator of a public water system 



shall give notice to the persons served by it — 



(1) of any failure on the part of the public 

 water system to — 



(A) comply with an applicable maximum 

 contaminant level or treatment technique re- 

 quirement of, or a testing procedure prescribed 

 by, a national primary drinking water regula- 

 tion, or 



(B) perform monitoring required by section 

 300j-4(a) of this title, and 



(2) if the public water system is subject to a 

 variance granted under section 300g-4(a) (1) (A) 

 or 300g-4(a) (2) of this title fop an inability to 

 meet a maximum contaminant level requirement 

 or is subject to an exemption granted under sec- 

 tion 300g-5 of this title, of— 



(A) the existence of such variance or exemp- 

 tion, and 



(B) any failure to comply with the require- 

 ments of any schedule prescribed pursuant to 

 the variance or exemption. 



The Administrator shall by regulation prescribe the 

 form and manner for giving such notice. Such notice 

 shall be given not less than once every 3 months, 

 shall be given by publication in a newspaper of 

 general circulation serving the area served by each 

 such water system (as deteiTnined by the Adminis- 

 trator) , shall be furnished to the other communica- 

 tions media serving such area, and shall be fur- 

 nished to the communications media as soon as 

 practicable after the discovery of the violation with 

 respect to which the notice is required. If the water 

 bills of a public water system are issued more often 

 than once every 3 months, such notice shall be in- 

 cluded in at least one water bill of the system every 

 3 months, and if a public water system issues its 

 water bills less often than once every 3 months, such 

 notice shall be included in each of the water bills 

 issued by the system. Any person who willfully vio- 

 lates this subsection or regulations thereunder shall 

 be fitted not more than $5,000. 



(d) Notice of noncompliance with secondary drinking 

 water regulations. 



Whenever, on the basis of information available 

 to him, the Administrator finds that within a reason- 

 able time after national secondary drinking water 

 regulations have been promulgated, one or more 

 public water systems in a State do not comply with 

 such secondary regulations, and that such noncom- 

 pliance appears to result from a failure of such 

 State to take reasonable action to assure that public 



