
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300g-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
                      Part B--Public Water Systems
 
Sec. 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.

(July 1, 1944, ch. 373, title XIV, Sec. 1413, as added Pub. L. 93-523, 
Sec. 2(a), Dec. 16, 1974, 88 Stat. 1665; amended Pub. L. 99-339, title 
I, Sec. 101(c)(2), June 19, 1986, 100 Stat. 646; Pub. L. 104-182, title 
I, Secs. 112, 113(b), Aug. 6, 1996, 110 Stat. 1633, 1635.)


                               Amendments

    1996--Subsec. (a)(1). Pub. L. 104-182, Sec. 112(a)(1), amended par. 
(1) generally. Prior to amendment, par. (1) read as follows: ``has 
adopted drinking water regulations which are no less stringent than the 
national primary drinking water regulations in effect under sections 
300g-1(a) and 300g-1(b) of this title;''.
    Subsec. (a)(5). Pub. L. 104-182, Sec. 112(b), inserted ``including 
earthquakes, floods, hurricanes, and other natural disasters, as 
appropriate'' after ``emergency circumstances''.
    Subsec. (a)(6). Pub. L. 104-182, Sec. 113(b), added par. (6).
    Subsec. (c). Pub. L. 104-182, Sec. 112(a)(2), added subsec. (c).
    1986--Subsec. (a)(1). Pub. L. 99-339 substituted ``are no less 
stringent than the national primary drinking water regulations in effect 
under sections 300g-1(a) and 300g-1(b) of this title'' for subpars. (A) 
and (B) which related to stringency of State drinking water regulations 
between period of promulgation and effective date of national interim 
drinking water regulations and during the period after such effective 
date.

                  Section Referred to in Other Sections

    This section is referred to in sections 300g-1, 300g-3, 300g-4, 
300g-7, 300j-2, 300j-12 of this title.
