42 U.S.C. § 300g-2 : US Code - Section 300G-2: State primary enforcement responsibility

Search 42 U.S.C. § 300g-2 : US Code - Section 300G-2: State primary enforcement responsibility

(a) In general
For purposes of this subchapter, a State has primary enforcement
responsibility for public water systems during any period for which
the Administrator determines (pursuant to regulations prescribed
under subsection (b) of this section) that such State -
(1) has adopted drinking water regulations that are no less
stringent than the national primary drinking water regulations
promulgated by the Administrator under subsections (a) and (b) of
section 300g-1 of this title not later than 2 years after the
date on which the regulations are promulgated by the
Administrator, except that the Administrator may provide for an
extension of not more than 2 years if, after submission and
review of appropriate, adequate documentation from the State, the
Administrator determines that the extension is necessary and
justified;
(2) has adopted and is implementing adequate procedures for the
enforcement of such State regulations, including conducting such
monitoring and making such inspections as the Administrator may
require by regulation;
(3) will keep such records and make such reports with respect
to its activities under paragraphs (1) and (2) as the
Administrator may require by regulation;
(4) if it permits variances or exemptions, or both, from the
requirements of its drinking water regulations which meet the
requirements of paragraph (1), permits such variances and
exemptions under conditions and in a manner which is not less
stringent than the conditions under, and the manner in which
variances and exemptions may be granted under sections 300g-4 and
300g-5 of this title;
(5) has adopted and can implement an adequate plan for the
provision of safe drinking water under emergency circumstances
including earthquakes, floods, hurricanes, and other natural
disasters, as appropriate; and
(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.
(b) Regulations
(1) The Administrator shall, by regulation (proposed within 180
days of December 16, 1974), prescribe the manner in which a State
may apply to the Administrator for a determination that the
requirements of paragraphs (1), (2), (3), and (4) of subsection (a)
of this section are satisfied with respect to the State, the manner
in which the determination is made, the period for which the
determination will be effective, and the manner in which the
Administrator may determine that such requirements are no longer
met. Such regulations shall require that before a determination of
the Administrator that such requirements are met or are no longer
met with respect to a State may become effective, the Administrator
shall notify such State of the determination and the reasons
therefor and shall provide an opportunity for public hearing on the
determination. Such regulations shall be promulgated (with such
modifications as the Administrator deems appropriate) within 90
days of the publication of the proposed regulations in the Federal
Register. The Administrator shall promptly notify in writing the
chief executive officer of each State of the promulgation of
regulations under this paragraph. Such notice shall contain a copy
of the regulations and shall specify a State's authority under this
subchapter when it is determined to have primary enforcement
responsibility for public water systems.
(2) When an application is submitted in accordance with the
Administrator's regulations under paragraph (1), the Administrator
shall within 90 days of the date on which such application is
submitted (A) make the determination applied for, or (B) deny the
application and notify the applicant in writing of the reasons for
his denial.
(c) Interim primary enforcement authority
A State that has primary enforcement authority under this section
with respect to each existing national primary drinking water
regulation shall be considered to have primary enforcement
authority with respect to each new or revised national primary
drinking water regulation during the period beginning on the
effective date of a regulation adopted and submitted by the State
with respect to the new or revised national primary drinking water
regulation in accordance with subsection (b)(1) of this section and
ending at such time as the Administrator makes a determination
under subsection (b)(2)(B) of this section with respect to the
regulation.