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Page:United States Statutes at Large Volume 88 Part 2.djvu/356

 1672

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

a EXEMFriONS

42 USC 3oog-5.

Notice and hearing.

"gpc. 1416. (a) A State which has primary enforcement responsibility may exempt any public water system within the State's jurisdiction from any requirement respecting a maximum contaminant level or any treatment technique requirement, or from both, of an applicable national primary drinking water regulation upon a finding that— "(1) due to compelling factors (which may include economic factors), the public water system is unable to comply with such contaminant level or treatment technique requirement, "(2) the public water system was in operation on the effective date of such contaminant level or treatment technique requirement, and "(3) the granting of the exemption will not result in an unreasonable risk to health. " (b)(1) If a State grants a public water system an exemption vmder subsection (a), the State shall prescribe, within one year of the date the exemption is granted, a schedule for— " (A) compliance (including increments of progress) by the public water system with each containment level requirement and treatment technique requirement with respect to which the exemption was granted, and " (B) implementation by the public water system of such control measures as the State may require for each containment, subject to such contaminant level requirement or treatment technique requirement, during the period ending on the date compliance with such requirement is required. Before a schedule prescribed by a State pursuant to this subsection may take effect, the State shall provide notice and opportunity for a public hearing on the schedule. A notice given pursuant to the preceding sentence may cover the prescribing of more than one such schedule and a hearing held pursuant to such notice shall include each of the schedules covered by the notice. "(2)(A) A schedule prescribed pursuant to this subsection for a public water system granted an exemption under subsection (a) shall require compliance by the system with each contaminant level and treatment technique requirement with respect to which the exemption was granted as expeditiously as practicable (as the State may reasonably determine) but (except as provided in subparagraph (B)) — "(i) in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by the interim national primary drinking water regulations promulgated under section 1412(a), not later than January 1, 1981; and "(ii) in the case of an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by revised national primary drinking water regulations, not later than seven years after the date such requirement takes effect. " (B) Notwithstanding clauses (i) and (ii) of subparagraph (A) of this paragraph, the final date for compliance prescribed in a schedule prescribed pursuant to this subsection for an exemption granted for a public water system which (as determined by the State granting the exemption) has entered into an enforceable agreement to become a part of a regional public water system shall— " (i) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by interim national primary drinking water regulations, be not later than January 1, 1083; and

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text:
Author:Rudolf Ruedemann

 * The Eurypterida of New York. With John Mason Clarke. New York State Museum Memoir 14. 2 Volumes. Albany 1912

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Author:Rudolf Ruedemann


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Page:United States Statutes at Large Volume 88 Part 2.djvu/357

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PUBLIC LAW 93-523-DEC. 16, 1974

"(ii) in the case of a schedule prescribed for an exemption granted with respect to a contaminant level or treatment technique requirement prescribed by revised national primary drinking water regulations, be not later than nine years after such requirement takes effect. "(3) Each public water system's exemption granted by a State under subsection (a) shall be conditioned by the State upon compliance by the public water system with the schedule prescribed by the State pursuant to this subsection. The requirements of each schedule prescribed by a State pursuant to this subsection shall be enforceable by the State under its laws. Any requirement of a schedule on which an exemption granted under this section is conditioned may be enforced under section 1414 as if such requirement was part of a national primary drinking water regulation. "(4) Each schedule prescribed by a State pursuant to this subsection shall be deemed approved by the Administrator unless the exemption for which it was prescrilied is revoked by the Administrator under subsection (d)(2) or the schedule is revised by the Administrator under such subsection. "(c) Each State which grants an exemption under subsection (a) shall promptly notify the Administrator of the granting of such exemption. Such notification shall contain the reasons for the exemption (including the basis for the finding required by subsection (a)(3) before the exemption may be granted) and document the need for the exemption. " (d)(1) Not later than 18 months after the effective date of the interim national primary drinking water regulations the Administrator shall complete a comprehensive review of the exemptions granted (and schedules prescribed pursuant thereto) by the States during the one-year period beginning on such effective date. The Administrator shall conduct such subsequent reviews of exemptions and schedules as he deems necessary to carry out the purposes of this title, but each subsequent review shall be completed within each 3-year period following the completion of the first review under this subparagraph. Before conducting any review under this subparagraph, the Administrator shall publish notice of the proposed review in the Federal Register. Such notice shall (A) provide information respecting the location of data and other information respecting the exemptions to be reviewed (including data and other information concerning new scientific matters bearing on such exemptions), and (B) advise of the opportunity to submit comments on the exemptions reviewed and on the need for continuing them. Upon completion of any such review, the Administrator shall publish in the Federal Register the results of his review together with findings responsive to comments submitted in connection with such review. " (2)(A) If the Administrator finds that a State has. in a substantial number of instances, abused its discretion in granting exemptions under subsection (a) or failed to prescribe schedules in accordance with subsection (b), the Administrator shall notify the State of his finding. In determining if a State has abused its discretion in granting exemptions in a substantial number of instances, the Administrator shall consider the number of persons who are affected by the exemptions and if the requirements applicable to the granting of the exemptions were complied with. A notice under this subparagraph shall— "(i) identify each exempt public water system with respect to which the finding was made, "(ii) specify the reasons for the finding, and

1673

Compliance; enforcement.

Notice to Administrator.

Review of exemptions and schedules.

Publication in Federal R e g i s t e r.

Publication in Federal Register.

Notice to State.

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text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/358

 1674

Notice and hearing.

"Treatment technique requirement."

Applications for e x e m p t i o n s.

PUBLIC LAW 93-523-DEC. 16, 1974

[88

STAT.

"(iii) as appropriate, propose revocations of specific exemptions or propose revised schedules for specific exempt public water systems, or both. " (B) The Administrator shall provide reasonable notice and public hearing on the provisions of each notice given pursuant to subparagraph (A). After a hearing on a notice pursuant to subparagraph (A), the Administrator shall (i) rescind the finding for which the notice was given and promptly notify the State of such rescission, or (ii) promulgate (with such modifications as he deems appropriate) such exemption revocations and revised schedules proposed in such notice as he deems appropriate. Not later than 180 days after the date a notice is given pursuant to subparagraph (A), the Administrator shall complete the hearing on the notice and take the action required by the preceding sentence. " (C) If a State is notified under subparagraph (A) of a finding of the Administrator made with respect to an exemption granted a public water system within that State or to a schedule prescribed pursuant to such an exemption and if before a revocation of such exemption or a revision of such schedule promulgated by the Administrator takes effect the State takes corrective action with respect to such exemption or schedule which the Administrator determines makes his finding inapplicable to such exemption or schedule, the Administrator shall rescind the application of his finding to that exemption or schedule. No exemption revocation or revised schedule may take effect before the expiration of 90 days following the date of the notice in which the revocation or revised schedule was proposed. "(e) For purposes of this section, the term 'treatment technique requirement' means a requirement in a national primary drinking water regulation which specifies for a contaminant (in accordance with section 1401(1)(C) (ii)) each treatment techniqvie known to the Administrator which leads to a reduction in the level of such contaminant sufficient to satisfy the requirements of section 1412(b)(3). "(f) If a State does not have primary enforcement responsibility for public water systems, the Administrator shall have the same authority to exempt public water systems in such State from maximum contaminant level requirements and treatment technique requirements under the same conditions and in the same manner as the State would be authorized to grant exemptions under this section if it had primary enforcement responsibility. " (g) If an application for an exemption under this section is made, the State receiving the application or the Administrator, as the case may be, shall act upon such application within a reasonable period (as determined under regulations prescribed by the Administrator) after the date of its submission. " P A R T C—PROTECTION OF UNDERGROUND SOURCES OF D R I N K I N G WATER ' R E G U L A T I O N S FOR STATE PROGRAMS

42 USC 300h.

"SEC. 1421. (a)(1) The Administrator shall publish proposed regulations for State underground injection control programs within 180 days after the date of enactment of this title. Within 180 days after publication of such proposed regulations, he shall promulgate such regulations with such modifications as he deems appropriate. Any regulation under this subsection may be amended from time to time.

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PUBLIC LAW 93-523-DEC. 16, 1974

1675

"(2) Any regulation under this section shall be proposed and promulgated in accordance with section 553 of title 5, United States Code (relating to rulemaking), except that the Administrator shall provide Hearing. opportunity for public hearing prior to promulgation of such regulations. In proposing and promulgating regulations under this section, the Administrator shall consult with the Secretary, the National Drinking Water Advisory Council, and other appropriate Federal entities and with interested State entities. " (b)(1) Regulations under subsection (a) for State underground injection programs shall contain minimum requirements for effective programs to prevent underground injection which endangers drinking water sources within the meaning of subsection (d)(2). Such regulations shall require that a State program, in order to be approved under section 1422— j " (A) shall prohibit, effective three years after the date of the enactment of this title, any underground injection in such State which is not authorized by a permit issued by the State (except that the regulations may permit a State to authorize underground injection by r u l e); " (B) shall require (i) in the case of a program which provides for authorization of underground injection by permit, that the applicant for the permit to inject must satisfy the State that the underground injection will not endanger drinking water sources, and (li) in the case of a program which provides for such an authorization by rule, that no rule may be promulgated which authorizes any underground injection which endangers drinking water sources; " (C) shall include inspection, monitoring, recordkeeping, and reporting requirements; and " (D) shall apply (i) as prescribed by section 1447(b). to underground injections by Federal agencies, and (ii) to underground injections by any other person whether or not occurring on property owned or leased by the United States. "(2) Regulations of the Administrator under this section for State underground injection control programs may not prescribe requirements which interfere wnth or impede— " (A) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or " (B) any underground injection for the secondary or tertiary recovery of oil or natural gas, unless such requirements are essential to assure that underground sources of drinking water will not be endangered by such injection. "(c)(1) The Administrator may, upon application of the Governor Temporary perof a State which authorizes underground injection by means of per- "'"^• mits, authorize such State to issue (without regard to subsection (b)(1)(B)(i)) temporary permits for underground injection which may be effective mitil the expiration of foui- years after the date of enactment of this title, if— " (A) the Administrator finds that Hie State has demonstr-ated that it is unable and could not reasonably have been able to process all permit applications within the time available; " (B) the Administrator determines the adverse effect on the environment of such temporary permits is not unwarranted; " (C) such temporary permits will be issued only with respect to injection wells in operation on the date on which such State's permit program approved under this part first takes effect and for which there was inadequate time to process its permit application: and

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Page:United States Statutes at Large Volume 88 Part 2.djvu/360

 1676

Notice and hearing.

"Underground injection."

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

" (D) the Administrator determines the temporary permits require the use of adequate safeguards established by rules adopted by him. "(2) The Administrator may. upon application of the Governor of a State which a\ithorizes underground injection by means of permits, authorize such State to issue (without regard to subsection (b)(1)(B) (i)), but after reasonable notice and hearing, one or more temporary permits each of which is applicable to a particular injection well and to the underground injection of a particular fluid and which may be effective until the expiration of four years after the date of enactment of this title, if the State finds, on the record of such hearing— " (A) that technology (or other means) to permit safe injection of the fluid in accordance with the applicable underground injection control program is not generally available (taking costs into consideration); "(I^) that injection of the fluid would be less harmful to health than the use of other available means of disposing of waste or producing the desired product; and " (C) that available technology or other means have been employed (and will be employed) to reduce the volume and toxicity of the fluid and to minimize the potentially adverse effect of the injection on the public health. " (d) For purposes of this part: "(1) The term 'underground injection' means the subsurface emplacement of fluids by well injection. "(2) Underground injection endangers drinking water sources if such injection may result in the presence in underground water which supplies or can reasonably be expected to supply any public water system of any contaminant, and if the presence of such contaminant may result in such system's not complying with any national primary drinking water regulation or may otherwise adversely affect the health of persons. ' S T A T E riliMARY ENFORCEMENT RESPONSIBILITY

Publication in Federal Register. 42 USC 300h.l.

Recordkeeping. Notice to Administrator.

"SEC. 1422. (a) Within 180 days after the date of enactment of this title, the Administrator shall list in the Federal Register each State for which in his judgment a State underground injection control program may be necessary to assure that underground injection will not endanger drinking water sources. Such list may be amended from time to time. " (b)(1)(A) Each State listed under subsection (a) shall within 270 days after the date of pronmlgation of any regulation under section 1421 (or, if later, within 270 days after such State is first listed under subsection (a)) submit to the Administrator an application which contains a showing satisfactory to the Administrator that the State— "(i) has adopted after reasonable notice and public hearings, and will implement, an underground injection control program which meets the I'equirements of regulations in effect under section 1421; and "(ii) will keep such records and make such reports with respect to its activities under its underground injection control program as the Administrator may require by regulation. " (B) Within 270 days of any amendment of a regulation under section 1421 revising or adding any requirement respecting State underground injection control programs, each State listed under subsection (a) shall submit (in such form and manner as the Administra-

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Page:United States Statutes at Large Volume 88 Part 2.djvu/361

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PUBLIC LAW93-523-DEC. 16, 1974

1671

tor may require) a notice to the Administrator containing a showing satisfactory to him that the State underground injection control program meets the revised or added requirement. "(2) Within ninety days after the State's application under paragraph (1)(A) or notice under paragraph (1)(B) and after reasonable opportunity for presentation of views, the Administrator shall by rule either approve, disapprove, or approve in part and disapprove in part, the State's underground injection control program. "(3) If the Administrator approves the State's program under paragraph (2), the State shall have primary enforcement responsibility for underground water sources until such time as the Administrator determines, by rule, that such State no longer meets the requirements of clause (i) or (ii) of paragraph (1)(A) of this subsection. "(4) Before promulgating any rule under paragraph (2) or (3) Hearing. of this subsection, the Administrator shall provide opportunity for public hearing respecting such rule. "(c) If the Administrator disapproves a State's program (or part thereof) under subsection (b)(2), if the Administrator determines under subsection (b)(3) that a State no longer meets the requirements of clause (i) or (ii) of subsection (b)(1)(A), or if a State fails to submit an application or notice before the date of expiration of the period specified in subsection (b)(1), the Administrator shall by Regulation. regulation within 90 days after the date of such disapproval, determination, or expiration (as the case may be) prescribe (and may from time to time by regulation revise) a program applicable to such State meeting the requirements of section 1421(b). Such program may not include requirements which interfere with or impede— "(1) the underground injection of brine or other fluids which are brought to the surface in connection with oil or natural gas production, or "(2) any underground injection for the secondary or tertiary recovery of oil or natural gas, unless such requirements are essential to assure that underground sources of drinking water will not be endangered by such injection. Such program shall apply in such State to the extent that a program adopted by such State which the Administrator determines meets such requirements is not in effect. Before promulgating any regula- Hearing. tion under this section, the Administrator shall provide opportunity for public hearing respecting such regulation. "Applicable un." (d) For purposes of this title, the term 'applicable underground derground injecinjection control program' with respect to a State means the program tion control (or most recent amendment thereof)(1) which has been adopted program." by the State.and which has been approved under subsection (b), or (2) which has been prescribed by the Administrator under subsection (c). FAILURE OF STATE TO ASSURE ENFORCEMENT OF PROGRAM

"SEC. 1423. (a)(1) Whenever the Administrator finds during a period during which a State has primary enforcement responsibility for underground water sources (Mathin the meaning of section 1422 (b)(3)) that any person who is subject to a requirement of an applicable underground injection control program in such State is violating such requirement, he shall so notify the State and the person violating such requirement. If the Administrator finds such failure to comply extends beyond the thirtieth day after the date of such notice, he shall give public notice of such finding and request the State to report

42 USC 300h.2.

Notice to State and violator. Public notice.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/362

 1678

Civil action, conditions.

Penalty.

Penalty.

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

within 15 days after the date of such public notice as to the steps being taken to bring such person into compliance with such requirement (including reasons for anticipated steps to be taken to bring such person into compliance with such re(i[uirement and for any failure to take steps to bring such persn into compliance with such requirement). If— " (A) such failure to comply extends beyond the sixtieth day after the date of the notice given pursuant to the first sentence of this paragraph, and "B)(i) the State fails to submit the report requested by the Administrator within the time period prescribed by the preceding sentence, or "(ii) the State submits such report within such period but the Administrator, after considering the report, determines that by failing to take necessary steps to bring such person into compliance by such sixtieth day the State abused its discretion in carrying out primary enforcement responsibility for underground water sources, the Administrator may connnence a civil action under subsection (b)(1). ' . . . . "(2) Whenever the Administrator finds during a period during which a State does not have primary enforcement responsibility for underground water sources that any person subject to any requirement of any applicable underground injection control program in such State is violating such requirement, he may commence a civil action under subsection (b)(1). " (b)(1) When authorized by subsection (a), the Administrator may bring a civil action under this paragraph in the appropriate United States district court to require compliance with any requirement of an applicable underground injection control program. The court may enter such judgment as protection of public health may require, including, in the case of an action brought against a person who violates an applicable requirement of an underground injection control program and who is located in a State which has primary enforcement responsibility for underground water sources, the imposition of a civil penalty of not to exceed $5,000 for each day such person violates such requirement after the expiration of 60 days after receiving notice under subsection (a)(1). u^2) Any persou who violates any requirement of an applicable underground injection control program to which he is subject during any period for which the State does not have primary enforcement responsibility for underground water sources (A) shall be subject to a civil penalty of not more than $5,000 for each day of such violation, or (B) if such violation is willful, such person may, in lieu of the civil penalty authorized by clause (B), be fined not more than $10,000 for each day of such violation. "(c) Nothing in this title shall diminish any authority of a State or political subdivision to adopt or enforce any law or regulation respecting underground injection but no such law or regulation shall relieve any person of any requirement otherwise applicable under this title. " I N T E R I M RKOri.A'JTON OF XrXDER(}R0UXD INJECTIONS

42 USC 300h-3.

"SEC. 1424. (a)(1) Any person may petition the Administrator to have an area of a State (or States) designated as an area in which no new underground injection well may be operated during the period beginning on the date of the designation and ending on the date on which the applicable underground injection control program covering

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Page:United States Statutes at Large Volume 88 Part 2.djvu/363

 88 STAT. ]

1679

PUBLIC LAW 93-523-DEC. 16, 1974

such area takes effect unless a permit for the operation of such well has been issued by the Administrator under subsection (b). The Administrator may so designate an area within a State if he finds that the area has one aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would create a significant hazard to public health. "(2) Upon receipt of a petition under paragraph (1) of this subsection, the Administrator shall publish it in the Federal Register and shall provide an opportunity to interested persons to submit written data, views, or arguments thereon. Not later than the 30th day following the date of the publication of a petition under this paragraph in the Federal Register, the Administrator shall either make the designation for which the petition is submitted or deny the petition. "(b)(1) During the period beginning on the date an area is designated under subsection (a) and ending on the date the applicable underground injection control program covering such area takes effect, no new underground injection well may be operated in such area unless the Administrator has issued a permit for such operation. "(2) Any person may petition the Administrator for the issuance of a permit for the operation of such a well in such an area. A petition submitted under this paragraph shall be submitted in such manner and contain such information as the Administrator may require by regulation. Upon receipt of such a petition, the Administrator shall publish it in the Federal Register. The Administrator shall give notice of any proceeding on a petition and shall provide opportunity for agency hearing. The Administrator shall act upon such petition on the record of any hearing held pursuant to the preceding sentence respecting such petition. Within 120 days of the publication in the Federal Register of a petition submitted under this paragraph, the Administrator shall either issue the permit for which the petition was submitted or shall deny its issuance. "(3) The Administrator may issue a permit for the operation of a new underground injection well in an area designated under subsection (a) only if he finds that the operation of such well will not cause contamination of the aquifer of such area so as to create a significant hazard to public health. The Administrator may condition the issuance of such a permit upon the use of such conti-ol measures in connection with the operation of such well, for which the permit is to be issued, as he deems necessary to assure that the operation of the Avell will not contaminate the aquifer of the designated area in which the well is located so as to create a significant hazard to public health. "(c) Any person who operates a new underground injection well in violation of subsection (b), (1) shall be subject to a civil penalty of not more than $5,000 for each day in which such violation occurs, or (2) if such violation is willful, such person may, in lieu of the civil penalty authorized by clause (1), be fined not more than $10,000 for each day in which such violation occurs. If the Administrator has reason to believe that any person is violating or will violate subsection (b), he may petition the United States district court to issue a temporary restraining order or injunction (including a mandatory injunction) to enforce such subsection. " (d) For purposes of this section, the term 'new underground injection well' means an underground injection well whose operation was not approved by appropriate State and Federal agencies before the date of the enactment of this title. " (e) If the Administrator determines, on his own initiative or upon petition, that an area has an aquifer which is the sole or principal drinking water source for the area and which, if contaminated, would

Publication in Federal Register.

Well operation permit.

P u b l i c a t i o n in Federal Register.

Conditions for issuance.

Penalty.

Temporary restraining order or injunction.

" N e w underground injection well."

Areas with one aquifer.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/364

 1680

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

Fe^"^i\''R"°" '" create a significant hazard to public health, he shall publish notice of ^^e era egis- ^j^^^ determination in the Federal Register. After the publication of any such notice, no commitment for Federal financial assistance (through a grant, contract, loan guarantee, or otherwise) may be entered into for any project which the Administrator determines may contaminate such aquifer through a recharge zone so as to create a significant hazard to public health, but a commitment for Federal financial assistance may, if authorized under another provision of law, be entered into to plan or design the project to assure that it will not so contaminate the aquifer. "PART D—EMERGENCY POWERS "EMERGENCY POWERS

42 USC 3ooi.

w?h's^t""e^lt^d local author!. ties.

penalty.

"SEC. 1431. (a) Notwithstanding any other provision of this title, the Administrator, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial endangerment to the health of persons, and that appropriate State and local authorities have not acted to protect the health of such persons, may take such actions as he may deem necessary in order to protect the health of such persons. To the extent he determines it to be practicable in light of such imminent endangerment, he shall consult with the State and local authorities in Order to coufirm the correctness of the information on which action proposed to be taken under this subsection is based and to ascertain the action which such authorities are or will be taking. The action which the Administrator may take may include (but shall not be limited to) (1) issuing such orders as may be necessary to protect the health of persons who are or may be users of such system (including travelers), and (2) commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction. " (b) Any person who willfully violates or fails or refuses to comply with any order issued by the Administrator under subsection (a)(1) may, in an action brought in the appropriate United States district court to enforce such order, be fined not more than $5,000 for each day in which such violation occurs or failure to comply continues. " P A R T E — GENERAL PROVISIONS "ASSURANCE OF AVAILABILITY or

ADEQUATE SUPPLIES OF CHEMICALS

NECESSARY FOR T R E A T M E N T OF WATER

Certification

"SEC. 1441. (a) If ally person who uses chlorine, activated carbon,

of n e e d a p p l i -

-.

cation. 42 USC 3ooj.

lime, ammonia, soda ash, potassium permanganate, caustic soda, or other chemical or substance for the purpose of treating water in any public water system or in any public treatment works determines that the amount of such chemical or substance necessary to effectively treat such water is not reasonably available to him or will not be so available to him when required for the effective treatment of such water, such person may apply to the Administrator for a certification (hereinafter in this section referred to as a 'certification of need') that the amount of such chemical or substance which such person requires to effectively treat such water is not reasonably available to him or will not be so available when required for the effective treatment of such water. ^^ (h)(1) Au application for a certification of need shall be in such form aud Submitted in such manner as the Administrator may require

Application requiremen s.

•

i

i

j

_

'

•

-i

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Page:United States Statutes at Large Volume 88 Part 2.djvu/365

 88 STAT. ]

PUBLIC LAW 9a-523-DEC. 16, 1974

1681

and shall (A) specify the persons the applicant determines are able to provide the chemical or substance with respect to which the application is submitted, (B) specify the persons from whom the applicant has sought such chemical or substance, and (C) contain such other information as the Administrator may require. Publication "(2) Upon receipt of an application under this section, the Admin Federal R e g i s -in istrator shall (A) publish in the Federal Register a notice of the leT. receipt of the application and a brief summary of it, (B) notify in writing each person whom the President or his delegate (after consultation with the Administrator) determines could be made subject to an order required to be issued upon the issuance of the certification of need applied for in such application, and (C) provide an opportunity for the submission of written comments on such application. The requirements of the preceding sentence of this paragraph shall Waiver. not apply when the Administrator for good cause finds (and incorporates the finding with a brief statement of reasons therefor in the order issued) that waiver of such requirements is necessary in order to protect the public health. "(3) Within 30 days after— certification. " (A) the date a notice is published under paragraph (2) in the i s s u a n c e or Federal Register with respect to an application submitted under d e n i a l. this section for the issuance of a certification of need, or " (B) the date on which such application is received if as authorized by the second sentence of such paragraph no notice is published with respect to such application, the Administrator shall take action either to issue or deny the issuance of a certification of need. "(c)(1) If the Administrator finds that the amount of a chemical or substance necessary for an applicant under an application submitted under this section to effectively treat water in a public water system or in a public treatment works is not reasonably available to the applicant or will not be so available to him when required for the effective treatment of such water, the Administrator shall issue a certification of need. Not later than seven days following the issuance of such certification, the President or his delegate shall issue an order requiring the provision to such person of such amounts of such chemical or substance as the Administrator deems necessary in the certification of need issued for such person. Such order shall apply to such manufacturers, producers, processors, distributors, and repackagers of such chemical or substance as the President or his delegate deems necessary and appropriate, except that such order may not apply to any manufacturer, producer, or processor of such chemical or substance who manufactures, produces, or processes (as the case may be) such chemical or substance solely for its own use. Persons subject to an order issued under this section shall be given a reasonable opportunity to consult with the President or his delegate with respect to the implementation of the order. "(2) Orders which are to be issued under paragraph (1) to manu- Apportionment. facturers, producers, and processors of a chemical or substance shall be equitably apportioned, as far as practicable, among all manufacturers, producers, and processors of such chemical or substance; and orders which are to be issued under paragraph (1) to distributors and repackagers of a chemical or substance shall be equitably apportioned, as far as practicable, among all distributors and repackagers of such chemical or substance. In apportioning orders issued under paragraph (1) to manufacturers, producers, processors, distributors, and repackagers of chlorine, the President or his delegate shall, in carrying out the requirements of the preceding sentence, consider—

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Page:United States Statutes at Large Volume 88 Part 2.djvu/366

 1682

Application for additional certifications.

Noncompliance, penalties.

Temporary restraining order, preliminary or permanent injunction.

Termination dates.

PUBLIC LAW 93-523-DEC. 16, 1974

" (A) the geographical relationships and established commercial relationships between such manufacturers, producers, processors, distributors, and repackagers and the persons for whom the orders are issued; " (B) in the case of orders to be issued to producers of chlorine, the (i) amount of chlorine historically supplied by each such producer to treat water in public water systems and public treatment works, and (ii) share of each such producer of the total annual production of chlorine in the United States; and " (C) such other factors as the President or his delegate may determine are relevant to the apportionment of orders in accordance with the requirements of the preceding sentence. "(3) Subject to subsection (f), any person for whom a certification of need has been issued under this subsection may upon the expiration of the order issued under paragraph (1) upon such certification apply under this section for additional certifications. " (d) There shall be available as a defense to any action brought for breach of contract in a Federal or State court arising out of delay or failure to provide, sell, or offer for sale or exchange a chemical or substance subject to an order issued pursuant to subsection (c)(1), that such delay or failure was caused solely by compliance with such order. "(e)(1) Whoever knowingly fails to comply with any order issued pursuant to subsection (c)(1) shall be fined not more than $5,000 for each such failure to comply. "(2) Whoever fails to comply with any order issued pursuant to subsection (c)(1) shall be subject to a civil penalty of not more than $2,500 for each such failure to comply. "(3) Whenever the Administrator or the President or his delegate has reason to believe that any person is violating or will violate any order issued pursuant to subsection (c)(1), he may petition a United States district court to issue a temporary restraining order or preliminary or permanent injunction (including a mandatory injunction) to enforce the provision of such order. "(f) No certification of need or order issued under this section may remain in effect— "(1) for more than one year, or "(2) after June 30, 1977, whichever occurs first. "RESEAIU'TI, T E C H N I C A L ASSISTANCE, INFORMATION, PERSONNEL

42 USC 300J-1.

[88 STAT.

TRAINING

OF

"SEC. 1442. (a)(1) The Administrator may conduct research, studies, and demonstrations relating to the causes, diagnosis, treatment, control, and prevention of physical and mental diseases and other impaiiinents of man resulting directly or indirectly from contaminants in water, or to the provision of a dependably safe supply of drinking water, including— " (A) improved methods (i) to identify and measure the existence of contaminants in drinking water (including methods which inay be used by State and local health and water officials), and (ii) to identify the source of such contaminants; " (B) improved methods to identify and measure the health effects of contaminants in drinking water; " (C) new methods of treating raw water to prepare it for drinking, so as to improve the efficiency of water treatment and to lemove contaminants from water;

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PUBLIC LAW 93-523-DEC. 16, 1974

" (D) improved methods for providing a dependably safe supply of drinking water, including improvements in water purification and distribution, and methods of assessing the health related hazards of drinking water; and " (E) improved methods of protecting underground water sources of public water systems from contamination. ''(2) The Administrator shall, to the maximum extent feasible, provide technical assistance to the States and municipalities in the establishment and administration of public water system supervision programs (as defined in section 1443(c)(1)). "(3) The Administrator shall conduct studies, and make periodic leports to Congress, on the costs of carrying out regulations prescribed under section 1412. ''(4) The Administrator shall conduct a survey and study of— " (A) disposal of waste (including residential waste) which may endanger underground water which supplies, or can reasonably be expected to supply, any public Avater systems, and " (B) means of control of such waste disposal. Not later than one year after the date of enactment of this title, he shall transmit to the Congress the results of such survey and study, together with such recommendations as he deems appropriate. "(5) The Administrator shall carry out a study of methods of underground injection which do not result in the degradation of underground drinking water sources. "(6) The Administrator shall carry out a study of methods of preventing, detecting, and dealing with surface spills of <containinants which may degrade underground water sour<:ies for public water systems. " (7) The Administrator shall carry out a study of virus cont;amination of drinking water sources and means of control of such contamination. "(8) The Administrator shall carry out a study of the nature and extent of the impact on underground water which supplies or can reasonably be expected to supply public water systems or (A) abandoned injection or extraction wells; (B) intensive application of pesticides and fertilizers in underground water recharge areas; and (C) ponds, pools, lagoons, pits, or other surface disposal of contaminants in underground water recharge areas. "(9) The Administrator shall conduct a comprehensive study of public water supplies and drinking water sources to determine the nature, extent, sources of and means of control of contamination by chemicals or other substances suspected of being carcinogenic. Not later than six months after the date of enactment of this title, he shall transmit to the Congress the initial results of such study, together with such recommendations for further review and corrective action as he deems appropriate. " (b) In carrying out this title, the Administrator is authorized to— "(1) collect and make available information pertaining to research, investigations, and demonstrations with respect to providing a dependably safe supply of drinking water together with appropriate recommendations in connection therewith; "(2) make available research facilities of the Agency to appropriate public authorities, institutions, and individuals engaged in studies and research relating to the purposes of this title; "(3) make grants to, and enter into contracts with, any public agency, educational institution, and any other organization, in accordance with procedures prescribed by the Administrator, under which he may pay all or a part of the costs (as may be

Technical assistance to States. Post, p. 1684. Studies; reports to Congress. Ante, p. 1662. Waste disposal, survey and study, transmittal to Congress,

Studies.

Transmittal to Congress.

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Appropriations.

PUBLIC LAW 93-523-DEC. 16, 1974

determined by the Administrator) of any project or activity which is designed— " (A) to develop, expand, or carry out a program (which may combine training education and employment) for training persons for occupations involving the public health aspects of providing safe drinking water; " (B) to train inspectors and supervisory personnel to train or supervise persons in occupations involving the public health aspects of providing safe drinking water; or " (C) to develop and expand the capability of programs of States and municipalities to carry out the purposes of this title (other than by carrying out State programs of public water system supervision or underground water source proti^ction (as defined in section 1443(d))). "(c) There are authorized to be appropriated to carry out the provisions of this section $15,000,000 for the fiscal year ending June 30, 1975; $25,000,000 for the fiscal year ending June 30, 1976; and $35,000,000 for the fiscal year ending June 30, 1977. "(JRANTS FOR STATE

P u b l i c water system supervision programs. 42 USC 300J-2.

Allotment of

Appropriations.

[88 STAT.

PROGRAMS

"SEC. 1443. (a)(1) From allotments made pursuant to paragraph (4), the Administrator may make grants to States to carry out public water system supervision programs. "(2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may re(}uire. The Administrator may not approve an application of a State for its first grant under paragraph (1) unless he determines that the State— " (A) has established or will establish within one year from the date of such grant a public water system supervision program, and " (B) will, within that one year, assume primary enforcement responsibility for public water systems within the State. No grant may be made to a State under paragraph (1) for any period beginning more than one year after the date of the State's first grant unless the State has assumed and maintains primary enforcement responsibility for public water systems within the State. "(3) A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient's costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, a public water system supervision program. " (4) In each fiscal year the Administrator shall, in accordance with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, number of public water systems, and other relevant factors. No State shall receive less than 1 per centum of the annual appropriation for grants under paragraph (1): Provided, That the Administrator may, by regulation, reduce such percentage in accordance with the criteria specified in this paragraph: And provided, further, That such percentage shall not apply to grants allotted to Guam, American Samoa, or the Virgin Islands. "(5) For purposes of making grants under paragraph (1) there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30. 1976, and $25,000,000 for the fiscal year ending June 30, 1977.

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1685

" (b)(1) From allotments made pursuant to paragraph (4), the underground Administrator may make grants to States to carry out underground ^ro'tect^U)n'^'* water source protection programs. programs. "(2) No grant may be made under paragraph (1) unless an application therefor has been submitted to the Administrator in such form and manner as he may require. The Administrator may not approve an application of a State for its first grant under paragraph (1) unless he determines that the State— " (A) has established or will establish within two years from the date of such grant an underground water source protection, and " (B) will, within such two years, assume primary enforcement responsibility for underground water sources within the

State. No grant may be made to a State under paragraph (1) for any period beginning more than two years after the date of the State's first grant unless the State has assumed and maintains primary enforcement responsibility for underground water sources within the State. "(3) A grant under paragraph (1) shall be made to cover not more than 75 per centum of the grant recipient's costs (as determined under regulations of the Administrator) in carrying out, during the one-year period beginning on the date the grant is made, an underground water source protection program. "(4) In each fiscal year the Administrator shall, in accordance with regulations, allot the sums appropriated for such year under paragraph (5) among the States on the basis of population, geographical area, and other relevant factors. "(5) For purposes of making grants under paragraph (1) there are authorized to be appropriated $5,000,000 for the fiscal year ending June 30. 1976, and $7,500,000 for the fiscal year ending June 30, 1977. "(c) For purposes of this section: " (1) The term 'public water system supervision program' means a program for the adoption and enforcement of drinking water regulations (with such variances and exemptions from such regulations 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 1415 and 1416) which are no less stringent than the national primary drinking water regulations under section 1412, and for keeping records and making reports required by section 1413(a)(3). "(2) The term 'underground water source protection program' means a program for the adoption and enforcement of a program which meets the requirements of regulations under section 1421 and for keeping records and making reports required by section 1422(b)(1)(A) (ii).

Allotment of

Appropriations Definitions.

"SPECIAL STUDY AND DEMONSTRATION PROJECT GRANTS; GUARANTEED LOANS

"SEC. 1444. (a) The Administrator may make grants to any person for the purposes of— "(1) assisting in the development and demonstration (including construction) of any project which will demonstrate a new or improved method, approach, or technology, for providing a dependably safe supply of drinking water to the public; and "(2) assisting in the development and demonstration (including construction) of any project which will investigate and demonstrate health implications involved in the reclamation, recycling,

" ^ "^"^ 3ooj-3. ^

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PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

and reuse of waste waters for drinking and the processes and methods for the preparation of safe and acceptable drinking water. Limitations. ^^(h) Grants made by the Administrator under this section shall be subject to the following limitations: " (1) Grants under this section shall not exceed 66% per centum of the total cost of construction of any facility and 75 per centum of any other costs, as determined by the Administrator. "(2) Grants under this section shall not be made for any project involving the construction or modification of any facilities for any public water system in a State unless such project has been approved by the State agency charged with the responsibility for safety of drinking Avater (or if there is no such agency in a State, by the State health authority). " (3) Grants under this section shall not be made for any project unless the Administrator determines, after consulting the National Drinking Water Advisory Council, that such project will serve a useful purpose relating to the development and demonstration of new or improved techniques, methods, or technologies for the provision of safe water to the public for drinking. " (4) Priority for grants under this section shall be given where there are known or potential public health hazards which require advanced technology for the removal of particles which are too small to be removed by ordinary treatment technology. Appropriations. u^^^ y^^ ^^^ purposes of making grants under subsections (a) and (b) of this section there are authorized to be appropriated $7,500,000 for the fiscal year ending June 30, 1975; and $7,500,000 for the fiscal year ending June 30, 1976; and $10,000,000 for the fiscal year ending June 30, 1977. to^uMic"wa^er^^ "(*^) "^^^ Admluistrator during the fiscal years ending June 30, systems. 1975, aud Juue 30, 1976, shall carry out a program of guaranteeing loans made by private lenders to small public water systems for the purpose of enabling such systems to meet national primary drinking water regulations (including interim regulations) prescribed under An"e,'p?T6'62. section 1412. No such guarantee may be made with respect to a system unless (1) such system cannot reasonably obtain financial assistance necessary to comply with such regulations from any other source, and (2) the Administrator determines that any facilities constructed with a loan guaranteed under this subsection is not likely to be made Indebtedness obsolete by subsequent changes in primary regulations. The aggregate limitation. amount of indebtedness guaranteed with respect to any system may not exceed $50,000. The aggregate amount of indebtedness guaranteed Regulations. under this subsection may not exceed $50,000,000. The Administrator shall prescribe regulations to carry out this subsection. a RECORDS A N D INSPECTIONS 42 USC 300J-4.

"SEC. 1445. (a) Every person who is a supplier of water, who is or may be otherwise subject to a primary drinking water regulation prescribed under section 1412 or to an applicable underground injection control program (as defined in section 1422(c)), who is or may be subject to the permit requirement of section 1424 or to an order issued under section 1441, or who is a grantee, shall establish and maintain such records, make such reports, conduct such monitoring, and provide such information as the Administrator may reasonably require by regulation to assist him in establishing regulations under this title, in determining whether such person has acted or is acting in compliance with this title, or in administering any program of financial assistance under this title.

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 88 STAT.]

PUBLIC LAW 9 3 - 5 2 3 - D E C. 16, 1974

1687

" (b)(1) Except as provided in para- appropi-iate credentials and a written notice to any supplier of water or other person subject to a national primary drinking water ]'e<>ulation prescribed under section 1412 or applicable " ^' Punderriun (or person in charge of any of the property of such supi)]ier or other peison), is authorized to enter any establishment, facility, or other pi'0perty of such supplier or other person in order to determine whethei- such supplier or other person has acted or is acting in compliance with this title, including for this purpose, inspection, at reasonable times, of records, files, papers, processes, controls, and facilities, or in ordei- to test any feature of a public water system, including its raw water source. The ^ ^^^jj and^exAdministrator or the Com))troller General (or any representative r^'"rds°" ° designated by either) shall ha\e access for the purpose of audit and examination to any records, reports, or information of a grantee which are required to be maintained under subsection (a) or which are pertinent to any financial assistance under this title. "(2) No entry may be made under the Hi'st sentence of paragraph Entry restric(1) in an establishment, facility, oi- other pi'Operty of a supplier of water or other person subject to a national primary drinking water regulation if the establishment, facility, oi- other property is located in a State which has primary enforcement responsibility for))ublic water systems unless, before Aviitten notice of such entry is made, the Administrator (or his representative) notifies the State agency charged with responsibility for safe drinking water- of the reasons for such entry. The Administiator shall, upon a showing by the State agency that such an entry will be detrimental to the administration of the State's program of primary enforcement responsibility, take such showing into consideration in determining whether to make such entry. No State agency which receives notice undei- this paragraph of an entry proposed to be made under paragraph (1) may use the information contained in the notice to inform the person whose property is proposed to be entered of the proposed eiitiy; and if a State agency so uses such information, notice to the agency under this paragraph is not required until such time as the Administrator determines the agency has provided him satisfactory assurances that it will no longer so use information contained in a notice under this paragraph. "(c) Whoever fails or refuses to comply with any requirement of ^^"''I'ysubsection (a) or to allow the Administrator, the Comptroller General, or representatives of either, to enter and conduct any audit or inspection authorized by subsection (b) may be fined not more than $5,000. " (d)(1) Subject to paragraph (2), upon a showing satisfactory to Confidential J.1

A 1

•

• J.

1

1

1.1

J.

•

Ji

1-

•

T

1

the Administrator by any person that any mtormation re(|uired under this section from such person. if made public, would divulge trade secrets or secret processes of such person, the Administrator shall consider such information confidential in accordance with the purposes of section 1905 of title IS of the Ignited States Code. If the applicant fails to make a showing satisfactory to the Administrator, the Administrator shall give such applicant thirty days' notice before releasing the information to which the application relates (unless the public health or safety requires an earlier release of such information), "(2) Any information required under this section (A) may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this title or to committees of the Congress, or when relevant in any proceeding under this title, and (B) shall be disclosed to the extent it deals with the level of contaminants in drinking Avater. For purposes of this subsection the

information.

Information disclosure.

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 1688 "Information required under this s e c t i o n. "

"Grantee."

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

term 'information required under this section' means any papers, books, documents, or information, or any particular part thereof, reported to or otherwise obtained by the Administrator under this section. "(e) For purposes of this section, (1) the term 'grantee' means any person who applies for or receives financial assistance, by grant, contract, or loan guarantee under this title, and (2) the term 'person' includes a Federal agency. N A T I O N A L D R I N K I N G WATER ADVISORY C O U N C I L

Establishment; membership. 42 USC 300J-5.

Term of office, exceptions.

Functions.

Compensation.

5 USC 5332 note.

5 USC app. I.

"SEC. 1446. (a) There is established a National Drinking Water Advisory Council which shall consist of fifteen members appointed by the Administrator after consultation with the Secretary. Five members shall be appointed from the general public; five members shall be appointed from appropriate State and local agencies concerned with water hygiene and public water supply; and five members shall be appointed from representatives of private organizations or groups demonstrating an active interest in the field of water hygiene and public water supply. Each member of the Council shall hold office for a term of three years, except that— "(1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and "(2) the terms of the members first taking office shall expire as follows: Five shall expire three years after the date of enactment of this title, five shall expire two years after such date, and five shall expire one year after such date, as designated by the Administrator at the time of appointment. The members of the Council shall be eligible for reappointment. "(b) The Council shall advise, consult with, and make recommendations to, the Administrator on matters relating to activities, functions, and policies of the Agency under this title. "(c) ISIembers of the Council appointed under this section shall, w'hile attending meetings or conferences of the Council or otherwise engaged in business of the Council, receive compensation and allowances at a rate to be fixed by the Administrator, but not exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS-18 of the General Schedule for each day (including traveltime) during wdiich they are engaged in the actual performance of duties vested in the Council. While away from their homes or regular places of business in the performance of services for the Council, members of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. " (d) Section 14(a) of the Federal Advisory Committee Act (relating to termination) shall not apply to the Council. "FEDERAL

42 USC 300J-6.

Ante, p. 1662. Recordkeeping; reports. Waiver,

AGENCIES

"SEC. 1447. (a) Each Federal agency having jurisdiction over any federally owmed or maintained public water system shall comply with all national primary drinking water regulations in effect under section 1412, and each Federal agency shall comply with any applicable underground injection control program, and shall keep such records and submit such reports as may be required under such program. "(b) The Administrator shall waive compliance with subsection (a) upon request of the Secretary of Defense and upon a determination

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 88 STAT. ]

PUBLIC LAW 93-523-DEC. 16, 1974

16139

by the President that the requested waiver is necessary in the interest of national security. The Administrator shall maintain a written rec- Records, avaiiord of the basis upon which such waiver was granted and make such ^'^yrecord available for in camera examination when relevant in a judicial proceeding under this title. Upon the issuance of such a waiver, the Publication in Administrator shall publish in the Federal Eegister a notice that the ^^^"^^ Register waiver was granted for national security purposes, unless, upon the request of the Secretary of Defense, the Administrator determines to omit such publication because the publication itself would be contrary conto the interests of national security, in which event the Administrator g rNotice ato comession l shall submit notice to the Armed Services Committee of the Senate mittVes and House of Representatives. "JUDICIAL REVIEW

"SEC. 1448. (a) A petition for review of— ^ " (1) action of the Administrator in promulgating any national primary drinking water regulation under section 1412, any regulation under section 1413(b)(1), any regulation under section 1414(c), any regulation for State underground injection control programs under section 1421, or any general regulation for the administration of this title may be filed only in the United States Court of Appeals for the District of Columbia Circuit; and "(2) action of the Administrator in promulgating any other regulation under this title, issuing any order under this title, or making any determination under this title may be filed only in the United States court of appeals for the appropriate circuit. Any such petition shall be filed within the 45-day period beginning on the date of the promulgation of the regulation or issuance of the order with respect to which review is sought or on the date of the determination with respect to which review is sought, and may be filed after the expiration of such 45-day period if the petition is based solely on grounds arising after the expiration of such period. Action of the Administrator with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement. "(b) The United States district courts shall have jurisdiction of actions brought to review (1) the granting of, or the refusing to grant, a variance or exemption under section 1415 or 1416 or (2) the requirements of any schedule prescribed for a variance or exemption under such section or the failure to prescribe such a schedule. Such an action may only be brought upon a petition for review filed with the court within the 45-day period beginning on the date the action sought to be reviewed is taken or, in the case of a petition to review the refusal to grant a variance or exemption or the failure to prescribe a schedule, within the 4:5-daj period beginning on the date action is required to be taken on the variance, exemption, or schedule, as the case may be. A petition for such review may be filed after the expiration of such period if the petition is based solely on grounds arising after the expiration of such period. Action with respect to which review could have been obtained under this subsection shall not be subject to judicial review in any civil or criminal proceeding for enforcement or in any civil action to enjoin enforcement. "(c) In any judicial proceeding in which review is sought of a determination under this title required to be made on the record after notice and opportunity for hearing, if any party applies to the court for leave to adduce additional evidence and shows to the satisfaction

^' ^^^ '°°j-'"

Jurisdiction.

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PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Administrator, the court may order such additional evidence (and evidence in rebuttal thereof) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evidence so taken, and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence. "ClTlZEX's CIVIL ACTION

42 USC 300J-8.

Jurisdiction.

Notice,

ugj,^_ ]^449_ (^^^ Except as provided in subsection (b) of this section, any person may commence a civil action on his own behalf— "(1) against any person (including (A) the United States, and (B) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any requirement prescribed by or under this title, or "(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this title which is not discretionary with the Administrator. No action may be brought under paragraph (1) against a public water system for a violation of a requirement prescribed by or under this title which occurred within the 27-month period beginning on the first (j^y of tfic mouth in which this title is enacted. The United States district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce in an action brought under this subsection any requirement prescribed by or under this title or to order the Administrator to perform an act or duty described in paragraph (2), as the case may be. " (b) No civil action may be commenced— "(1) under subsection (a)(1) of this section respecting violation of a requirement prescribed by or under this title— " (A) prior to sixty days after the plaintiff has given notice of such violation (i) to the Administrator, (ii) to any alleged violator of such requirement and (iii) to the State in which the violation occurs, or " (B) if the Administrator, the Attorney General, or the State has commenced and is diligently prosecuting a civil action in a court of the United States to require compliance with such requirement, but in any such action in a court of the United States any person may intervene as a matter of right; or "(2) under subsection (a)(2) of this section prior to sixty days after the plaintiff has given notice of such action to the Administrator. Notice required by this subsection shall be given in such manner as the Administrator shall prescribe by regulation. No person may commence a civil action under subsection (a) to require a State to prescribe a schedule under section 1415 or 1416 for a variance or exemption, unless such person shows to the satisfaction of the court that the State has in a substantial number of cases failed to prescribe such schedules. "(c) I n any action under this section, the Administrator or the Attorney General, if not a party, may intervene as a matter of right.

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1691

" (d) The court, in issuing any final order in any action brought gation. ° under subsection (a) of this section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party whenever the court determines such an award is appropriate. The ^J^'J^^ °^ court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equiv^alent security in accordance with the Federal Rules of Civil Procedure. is use app. "(e) Nothing in this section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any requirement prescribed by or under this title or to seek any other relief. a GENERAL PROVISIONS

"SEC. 1450. (a)(1) The Administrator is authorized to prescribe f2''usc'3°o'o-9 such regulations as are necessary or appropriate to carry out his functions under this title. "(2) The Administrator may delegate any of his functions under this title (other than prescribing regulations) to any officer or employee of the Agency. "(b) The Administrator, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as he deems necessary to assist him in carrying out the purposes of this title. "(c) Upon the request of a State or interstate agency, the Administrator may assign personnel of the Agency to such State or interstate agency for the purposes of carrying out the provisions of this title. " (d)(1) The Administrator may make payments of grants under Payments of this title (after necessary adjustment on account of previously made g r a n t°. "'"" s underpayments or overpayments) in advance or by way of reimbursement, and in such installments and on such conditions as he may determine. "(2) Financial assistance may be made available in the form of grants only to individuals and nonprofit agencies or institutions. For "Nonprofit purposes of this paragraph, the term 'nonprofit agency or institution' hfrt'it^iTti'^'n." means an agency or institution no part of the net earnings of which inure, or may lawfully inure, to the benefit of any private shareholder or individual. "(e) The Administrator shall take such action as may be necessary to assure compliance with provisions of the Act of March 3, 1931 (known as the Davis-Bacon Act; 40 U.S.C. 276a-276a(5)). The Sec- ^o use 276a retary of Labor shall have, with respect to the labor standards specified "° ^' in this subsection, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R, 3176; 64 Stat. 1267) and s use app. section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). "(f) The Administrator shall request the Attorney General to appear and represent him in any civil action instituted nnder this title to which the Administrator is a party. Unless, within a reasonable time, the Attorney General notifies the Administrator that lie will appear in such action, attorneys appointed by the Administrator shall appear and represent him. "(g) The provisions of this title shall not be construed as affecting any authority of the Administrator under part G of title III of this Act.

42 USC 264.

" (h) Not later than April 1 of each year, the Administrator shall rfs^i\ona\°co^mit submit to the Committee on Commerce of the Senate and the Com- tees. mittee on Interstate and Foreign Commerce of the House of Representatives a report respecting the activities of the Agency under this

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 1692

OMB review, submittal to congressional committees.

Discrimination, prohibition.

Filing of complaint.

Investigation.

PUBLIC LAW 93-523-DEC. 16, 1974

[88 STAT.

title and containing such recommendations for legislation as he considers necessary. The report of the Administrator under this subsection which is due not Later than April 1, 1975, and each subsequent report of the Administrator under this subsection shall include a statement on the actual and anticipated cost to public water systems in each State of compliance with the requirements of this title. The Office of Management and Budget may review any report required by this subsection before its submission to such committees of Congress, but the Office may not revise any such report, require any revision in any such report, or delay its submission beyond the day prescribed for its submission, and may submit to such committees of Co-\'^ress its comments respecting any such report. "(i)(1) No employer may discharge any employee or otherwise discriminate against any employee with respect to his compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to a request of the employee) has— " (A) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this title or a proceeding for the administration or enforcement of drinking water regulations or underground injection control programs of a State, " (B) testified or is about to testify in any such proceeding, or " (C) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of this title. "(2)(A) Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of paragraph (1) may, within 30 days after such violation occurs, file (or have any person file on his behalf) a complaint with the Secretary of Labor (hereinafter in this subsection referred to as the 'Secretary') alleging such discharge or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. " (B)(i) Upon receipt of a complaint filed under subparagraph (A), the Secretary shall conduct an investigation of the violation alleged in the complaint. Within 30 days of the receipt of such complaint, the Secretary shall complete such investigation and shall notify in writing the complainant (and any person acting in his behalf) and the person alleged to have committed such violation of the results of the investigation conducted pursuant to this subparagraph. Within 90 days of the receipt of such complaint the Secretary shall, unless the proceeding on the complaint is terminated by the Secretary on the basis of a settlement entered into by the Secretary and the person alleged to have committed such violation, issue an order either providing the relief prescribed by clause (ii) or denying the complaint. An order of the Secretary shall be made on the record after notice and opportunity for agency hearing. The Secretary may not enter into a settlement terminating a proceeding on a complaint without the participation and consent of the complainant. "(ii) If iii response to a complaint filed under subparagraph (A) the Secretary determines that a violation of paragraph (1) has o?curred, the Secretary shall order (I) the person who committed such violation to take affirmative action to abate the violation, ( II) such person to reinstate the complainant to his former position together with the compensation (including back pay), terms, conditions, and privileges of his employment, ( III) compensatory damages, and ( IV) where appropriate, exemplary damages. If such an order is issued, the Secretary, at the request of the complainant, shall assess

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against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorneys' fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued. "(3)(A) Any person adversely affected or aggrieved by an order P e t i t i o n for issued under paragraph (2) may obtain review of the order in the United States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly occurred. The petition for review must be filed within sixty days from the issuance of the Secretary's order. Review shall conform to chapter 7 of title 5 of the United States Code. The commencement of proceedings under 5 USC 701, this subparagraph shall not, unless ordered by the court, operate as a stay of the Secretary's order. " (B) An order of the Secretary with respect to which review could have been obtained under subparagraph (A) shall not be subject to judicial review in any criminal or other civil proceeding. "(4) Whenever a person has failed to comply with an order issued Noncompliance under paragraph (2)(B), the Secretary shall file a civil action in the '''"'^ action. United States District Court for the district in which the violation was found to occur to enforce such order. In actions brought under this paragraph, the district courts shall have jurisdiction to grant all appropriate relief including, but not limited to, injunctive relief, compensatory, and exemplary damages. Civil actions filed under this paragraph shall be heard and decided expeditiously. "(5) Any nondiscretionary duty imposed by this section is enforce- Mandamus proable in mandamus proceeding brought under section 1361 of title 28 "^^ '"^' of the United States Code. "(6) Paragraph (1) shall not apply with respect to any employee who, acting without direction from his employer (or the employer's aofent). deliberately causes a violation of any requirement of this title." (b) Section 2(f) of the Public Health Service Act is amended by '•^ use 201. inserting " (1) " after "except that" and by inserting before the semicolon at the end thereof the following: ", and (2) as used in title X IV such term includes Guam, American Samoa, and the Trust Terri- ^"'«' P- ^^ei. toiy of the Pacific Islands". RURAL WATER SURVEY

SEC. 3. (a) The Administrator of the Environmental Protection ^2 USC soof Agency shall (after consultation with the Secretary of Agriculture "°*^and the several States) enter into arrangements with public or private entities as may be appropriate to conduct a survey of the quantity, quality, and availability of rural drinking water supplies. Such survey shall include, but not be limited to, the consideration of the number of residents in each rural area— (1) presently being inadequately served by a public or private drinking water supply system, or by an individual home drinking water supply system; (2) presently having limited or otherwise inadequate access to drinking water; (3) who, due to the absence or inadequacv of a drinking water supply system, are exposed to an increased health hazard; and (4) who have experienced incidents of chronic or acute illness, which may be attributed to the absence or inadequacy of a drinking water supply system.

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PUBLIC LAW 93-524-DEC. 18, 1974

Report to President and Congress.

Appropriations.

(b) Such survey shall be completed within eighteen months of the date of enactment of this Act and a final report thereon submitted, not later than six months after the completion of such survey, to the President for transmittal to the Congress. Such report shall include recommendations for improving rural water supplies. (c) There are authorized to be appropriated to carry out the provisions of this section $1,000,000 for the fiscal year ending June 30, 1975; $2,000,000 for the fiscal year ending June 80, 1976; and $1,000,000 for the fiscal year ending June 80, 1977. BOTTLED D R I N K I N G

21 USC 348.

Ante,

p. 1662.

Publication in Federal R e g i s t e r.

WATER

SEC. 4. Chapter IV of the Federal Food, Drug, and Cosmetic Act is amended by adding after section 409 the followhig new section: a BOTTLED

21 USC 349.

[88 STAT.

D R I N K I N G WATER

STANDARDS

"SEC. 410. Whenever the Administrator of the Environmental Protection Agency prescribes interim or revised national primary drinking water regulations under section 1412 of the Public Health Service Act, the Secretary shall consult with the Administrator and within 180 days after the promulgation of such drinking water regulations either promulgate amendments to regulations under this chapter applicable to bottled drinking water or publish in the Federal Register his reasons for not making such amendments.". Approved December 16, 1974. Public Law 93-524

December 18, 1974 [S.1353]

Vessels. Net tonnage for waste materials.

AN ACT To deduct from gross tonnage in determining net tonnage those spaces on board vessels used for waste materials.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 4153 of the Revised Statutes (46 XJ.S.C. 77) is amended by inserting following paragraph (d) the following new paragraph: "(e) Space occupied by machinery used exclusively to separate, clarify, purify, or process, a ship's own slop oil mixture, tank-cleaning residue, bilge residue, or other waste materials, including sewage garbage, galley wastes, or trash and space occupied by any tank, tanks, or collection area used exclusively for the carriage or collection of such slop oil mixture, tank-cleaning residue, or other waste materials, but not to exceed a maximum space deduction established by regulations hereunder. The Secretary of the department in which the Coast Guard is operating in consultation with the Administrator of the Environmental Protection Agency, shall issue regulations to define the slop oil mixtures, cleaning residue, and waste materials, establish the maximum deductions which may be made, define the manner in which the spaces shall be used and marked, and as necessary otherwise to carry out the provisions of this paragraph." SEC. 2. Section 4153 of the Revised Statutes (46 XJ.S.C. 77) is further amended by redesignating existing paragraphs (e) through (i) as (f) through (j). Approved December 18, 1974.

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1695

Public Law 93-525 AN AC'J' December 18, 1974 To amend title 10, United States Code, by repealing the requirement that only [S. 3906] certain officers with aeronautical ratings may command flying units of the Air Force.

Be it enacted by the Senate a)id House of Representatives of the United States of America in Cong/ess assembled, That title 10, United Armed Forces. States Code, is amended by repealing- section 8577 (relating to the fiyin^unus.° command of flying units of the Air Force) and by striking out the corresponding item in the analysis of chapter 845. Approved December 18, 1974. Public Law 93-526 AN ACT December 19, 1974 To protect and preserve t a p e recordings of conversations involving former [s. 4016] President Richard M. Nixon and made during his tenure as President, and for other purposes.

TITLE I—PRESERVATION OF PRESIDENTIAL RECORDINGS AND MATERIALS

ervation Act. 44 USC 2107 note.

DELI^ ERY AND RETENTION OF CPJRTAIN rRESIDENTIAI. MATERIALS

SEC. 101. (a) Notwithstanding any other law or any agreement or understanding made pursuant to section 2107 of title 44, United States Code, any Federal employee in possession shall deliver, and the Administrator of General Services (hereinafter in this title referred to as the "Administrator'") shall receive, obtain, or retain, complete possession and control of all original tape recordings of conversations which were recorded or caused to be recorded by any officer or employee of the Federal Government and which— (1) involve former President Richard M. Nixon or other individuals who, at the time of the conversation, were employed by the Federal Government; (2) were recorded in the White House or in the office of the President in the Executive Office Buildings located in Washington, District of Columbia; Camp David, Maryland; Key Biscayne, Florida: or San Clemente, California; and (3) were recorded during the period beginning January 20, 1969, and ending August 9, 1974. (b)(1) Notwithstanding any other law or any agreement or understanding made pursuant to section 2107 of title 44, United States Code, the Administrator shall receive, retain, or make reasonable efforts to obtain, complete possession and control of all papers, documents, memorandums, transcripts, and other objects and materials which constitute the Presidential historical materials of Richard M. Nixon, covering the period beginning Januarv 20, 1969, and ending August 9, 1974. (2) For purposes of this subsection, the term "historical materials" has the meaning given it by section 2101 of title 44, Ignited States Code. ^

44 USC 2107 note.

"Historical materials."

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[88 STAT.

AVAILABILITY OF C F: R T A I N P R E S I D E N T I A L MATERIALS

44 USC 2107

gj,(.^ iQ<2^ (^a) None of the tape recordiii<xs or other materials referred to in section 101 shall be destroyed, except as hereafter may be provided by law. (b) Notwithstanding any other provision of this title, any other law, or any agreement or understanding made pursuant to section 2107 of title 44, United States Code, the tape recordings and other materials referred to in section 101 shall, immediately upon the date of enactment of this title, be made available, subject to any rights, defenses, or privileges which the Federal Government or any person may invoke, for use in any judicial proceeding or otherwise subject to court subpena or other legal process. Any request by the Office of Watergate Special Prosecution Force, whether by court subpena or other lawful process, for access to such recordings or materials shall at all times have priority over any other request for such recordings or materials. (c) Richard M. Nixon, or any person whom he may designate in writing, shall at all times have access to the tape recordings and other materials referred to in section 101 for any purpose which is consistent with the provisions of this title, subsequent and subject to the regulations which the Administrator shall issue pursuant to section 103. (d) Any agency or department in the executive branch of the Federal Government shall at all times have access to the tape recordings and other materials referred to in section 101 for lawful Government use, subject to the regulations which the Administrator shall issue pursuant to section 103. REGULATIONS TO PROTECT CERTAIN TAPE RECORDINGS AND OTHER MATERIALS

^ 44 USC 2107

gjjQ_ ]^Q3_ 'Y\IQ Aduiiuistrator shall issue at the earliest possible date such regulations as may be necessary to assure the protection of the tape recordings and other materials referred to in section 101 from loss or destruction, and to prevent access to such recordings and materials by unauthorized persons. Custody of such recordings and materials shall be maintained in Washington. District of Columbia, or its metropolitan area, except as may otherwise be necessary to carry out the provisions of this title. REGUI^TIONS RELATING TO PUBLIC ACCESS

Report to 44 USC 2107 "°^^'

gj,^. ]^Q^^ /g^\ -jij^g Admiuistrator shall, within ninety days after the date of enactment of this title, submit to each House of the Congress a report proposing and explaining regulations that would provide public access to the tape recordings and other materials referred to in section 101. Such regulations shall take into account the following factors: (1) the need to provide the public with the full truth, at the earliest reasonable date, of the abuses of governmental power popularly identified under the generic term "Watergate"; (2) the need to make such recordings and materials available for use in judicial proceedings; (3) the need to prevent general access, except in accordance with appropriate procedures established for use in judicial proceedings, to information relating to the Nation's security; (4) the need to protect every individual's right to a fair and impartial trial; (5) the need to protect any party's opportunity to assert any legally or constitutionally based right or privilege which would prevent or otherwise limit access to such recordings and materials;

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(6) the need to provide public access to those materials which have general historical significance, and which are not likely to be related to the need described in paragraph (1); and (7) the need to give to Richard M. Nixon, or his heirs, for his sole custody and use, tape recordings and other materials which are not likely to be related to the need described in paragraph (1) and are not otherwise of general historical significance. (b)(1) The regulations proposed by the Administrator in the report required by subsection (a) shall take effect upon the expiration of ninety legislative days after the submission of such report, unless such regulations are disapproved by a resolution adopted by either House of the Congress during such period. (2) The Administrator may not issue any regulation or make any change in a regulation if such regulation or change is disapproved by either House of the Congress under this subsection. (3) The provisions of this subsection shall apply to any change in the regulations proposed by the Administrator in the report required by subsection (a). Any proposed change shall take into account the factors described in paragraph (1) through paragraph (7) of subsection (a), and such proposed change shall be submitted by the Administrator in the same manner as the report required by subsection (a). (4) Paragraph (5) is enacted by the Congress— (A) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it shall be considered as part of the rules of each House, respectively, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (B) with full recognition of the constitutional right of either House to change such rules (as far as relating to the procedures of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (5)(A) Any resolution introduced under paragraph (1) shall be referred to a committee by the Speaker of the House or by the President of the Senate, as the case may be. (B) If the committee to which any such resolution is I'eferred has not reported any resolution relating to any regulation or change proposed by the Administrator under this section before the expiration of sixty calendar days after the submission of any such proposed regulation or change, it shall then be in order to move to discharge the committee from further consideration of such resolution. (C) Such motion may be made only by a person favoring the resolution, and such motion shall be privileged. An amendment to such motion is not in order, and it is not in order to move to reconsider the vote by which such motion is agreed to or disagreed to. (D) If the motion to discharge is agreed to or disagreed to, such motion may not be renewed. (E) When the committee has reported, or has been discharged from further consideration of, a resolution introduced under paragraph (1), it shall at any time thereafter be in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of such resolution. Such motion shall be privileged. An amendment to such motion is not in order, and it is not in order to move to reconsider the vote by which such motion is agreed to or disagreed to. (6) For purposes of this subsection, the term "legislative days" jay^lf'^^^*'''^ does not include any calendar day on which both Houses of the Congress are not in session.

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 VI. P. Sébillot, Contes populaires de la Haute-Bretagne, 3me.série, 1882, pp. 164-171.

VII. Wentworth Webster, Basque Legends, 1877, pp. 151-154. See Luzel, Légendes chrétiennes, p. 90, note.

VIII. A. Le Braz, La lègende de la mort chez les Bretons armoricains, nouv. éd., 1902, ii. 211-231.

IX. L. Giner Arivau, Folk-Lore de Proaza (Asturia), in Biblioteca de las tradiciones populares españolas, viii. 194-201 (1886).

X. Gittée and Lemoine, Contes populaires du pays Wallon, 1891, pp. 57-61.

Roman van Walewein, ed. Jonckbloet, 1846. Analyzed by G. Paris, ''Hist. litt. de la France'', xxx. 82-84, and by W. P. Ker, The Roman van Walewein (Gawain) in Folk-Lore, v. 121-127 (1894). My analysis is a combination made from these two summaries.

Cosquin, Contes populaires de Lorraine, 1886, i. 208-212 (no. xix). Noted by Hippe, p. 157.

Cénac Moncaut, Contes populaires de la Gascogne, 1861, pp. 5-14, "Rira bien qui rira le dernier." Summarized by Köhler, ''Or. und Occ.'' ii. 329. Mentioned by Hippe, p. 157, and by Groome, Folk-Lore, ix. 239.

Novella di Messer Dianese e di Messer Gigliotto, ed. d'Ancona and Sforza, 1868. Analyzed by Liebrecht, Held. Jahrbücher der Lit. lxi. 450 (1868), by d'Ancona, Romania, iii. 191, (reprinted in his Studj di critica e storia, 1880, p. 353), and by Hippe, p. 152. D'Ancona's summary is from Papanti, nov. xxi. The variant is of the fourteenth century, according to the writer of the introduction of the edition of 1868, p. 5. See also Foerster, Richars li Biaus, p. xxiv, and Wilhelmi, pp. 44 and 57.

D'Ancona, Romania, iii. 192, mentions the popular poem Istoria bellissima di Stellante Costantina figliuola del gran turco, la quale fu rubata da certi cristiani che teneva in corte suo padre e fu venduta

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[88 STAT.

(c) The provisions of this title shall not apply, on and after the date upon which regulations proposed by the Administrator take effect under subsection (b), to any tape recordings or other materials given to Richard M. Nixon, or his heirs, pursuant to subsection (a)(7). (d) The provisions of this title shall not in any way affect the rights, limitations or exemptions applicable under the Freedom of Information Act, 5 U.S.C. § 552 et seq. J U D I C I A L REVIEW

j^4 USC 2107

Separability.

Compensation.

SEC. 105. (a) The United States District Court for the District of Columbia shall have exclusive jurisdiction to hear challenges to the legal or constitutional validity of this title or of any regulation issued under the authority granted by this title, and any action or proceeding involving the question of title, ownership, custody, possession, or control of any tape recording or material referred to in section 101 or involving payment of any just compensation which may be due in connection therewith. Any such challenge shall be treated by the court as a matter requiring immediate consideration and resolution, and such challenge shall have priority on the docket of such court over other cases. ^|^^ If, vmdcr the procedures cstablislied by subsection (a), a judicial decision is rendered that a particular provision of this title, or a particular regulation issued under the authority granted by this title, is unconstitutional or otherwise invalid, such decision shall not affect in any way the validity or enforcement of any other provision of this title or any regulation issued under the authority granted by this title. ^^^ j f ^ |^j^j^j decisiou of such court holds that any provision of this title has deprived an individual of private property without just compensation, then there shall be paid out of the general fund of the Treasury of the United States such amount or amounts as may be adjudged just by that court. AUTHORIZATION OF APPROPRIATIONS

SEC. 106. There is authorized to be appropriated such sums as may be necessary to carry out the provisions of this title. Public Docu.

TITLE II — P U B L I C D O C U M E N T S COMMISSION

ments Act. SHORT TITLE

44 USC 3315

gj,(^_ 201. This title may be cited as the "Public Documents Act".

note

ESTABLISHMENT OF STUDY COMMISSION

44 USC 3315 Post,

1701.

p p. 1699,

SEC. 202. Chapter 33 of title 44, United States Code, is amended by adding at the end thereof the following new sections: «§ 3315, Definitions "

"For purposes of this section and section 3316 through section 3324 of this title— "(1) the term 'Federal official' means any individual holding the office of President or Vice President of the United States, or Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States, or any officer of the executive, judicial, or legislative branch of the Federal Government;

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