Editorial Notes
Amendments

2018—Subsec. (c)(4)(A). Puspan. L. 115–270, § 2008(1), (2), substituted “Reports” for “Annual reports” in heading and inserted “, or provide by electronic means,” after “to mail” in text.

Subsec. (c)(4)(B)(iv). Puspan. L. 115–270, § 2008(3)(A), substituted “the Administrator, including corrosion control efforts, and” for “the Administrator, and”.

Subsec. (c)(4)(B)(vii). Puspan. L. 115–270, § 2008(3)(B), which directed amendment of subpar. (B) by adding cl. (vii) at the end, was executed by adding cl. (vii) after cl. (vi) and before concluding provisions, to reflect the probable intent of Congress.

Subsec. (c)(4)(F). Puspan. L. 115–270, § 2008(4), added subpar. (F).

Subsec. (h)(1)(D). Puspan. L. 115–270, § 2009(a), added subpar. (D).

Subsec. (h)(3) to (6). Puspan. L. 115–270, § 2010(a), added pars. (3) to (6).

Subsec. (i)(1). Puspan. L. 115–270, § 2009(span), inserted a comma after “300g–6”.

Subsec. (j). Puspan. L. 115–270, § 2011, added subsec. (j).

2016—Subsec. (c). Puspan. L. 114–322, § 2106(a)(1), substituted “Notice to States, the Administrator, and” for “Notice to” in heading.

Subsec. (c)(1)(C). Puspan. L. 114–322, § 2106(a)(2)(A), substituted “paragraph (2)(F)” for “paragraph (2)(E)”.

Subsec. (c)(1)(D). Puspan. L. 114–322, § 2106(a)(2)(B), added subpar. (D).

Subsec. (c)(2)(B)(i)(II). Puspan. L. 114–322, § 2106(a)(3)(A), substituted “subparagraph (E)” for “subparagraph (D)”.

Subsec. (c)(2)(C). Puspan. L. 114–322, § 2106(a)(3)(B)(i), (ii), substituted, in heading, “Notice of violations or exceedances” for “Violations” and, in introductory provisions, “each violation, and each exceedance described in paragraph (1)(D),” for “each violation” and “notice of violation or exceedance” for “notice of violation”.

Subsec. (c)(2)(C)(i). Puspan. L. 114–322, § 2106(a)(3)(B)(iii), added cl. (i) and struck out former cl. (i) which read as follows: “be distributed as soon as practicable after the occurrence of the violation, but not later than 24 hours after the occurrence of the violation;”.

Subsec. (c)(2)(C)(ii). Puspan. L. 114–322, § 2106(a)(3)(B)(iv), inserted “or exceedance” after “violation” wherever appearing.

Subsec. (c)(2)(C)(iii). Puspan. L. 114–322, § 2106(a)(3)(B)(v), added cl. (iii) and struck out former cl. (iii) which read as follows: “be provided to the Administrator or the head of the State agency that has primary enforcement responsibility under section 300g–2 of this title as soon as practicable, but not later than 24 hours after the occurrence of the violation; and”.

Subsec. (c)(2)(C)(iv)(I). Puspan. L. 114–322, § 2106(a)(3)(B)(vi)(I), substituted “media, including broadcast media” for “broadcast media”.

Subsec. (c)(2)(C)(iv)(III). Puspan. L. 114–322, § 2106(a)(3)(B)(vi)(II), struck out “in lieu of notification by means of broadcast media or newspaper” after “notification”.

Subsec. (c)(2)(D) to (F). Puspan. L. 114–322, § 2106(a)(3)(C), (D), added subpar. (D) and redesignated former subpars. (D) and (E) as (E) and (F), respectively.

Subsec. (c)(3)(B). Puspan. L. 114–322, § 2106(a)(4), substituted “subparagraph (A),” for “subparagraph (A) and” and “subparagraph (C) or (E) of paragraph (2), and notices issued by the Administrator with respect to public water systems serving Indian Tribes under subparagraph (D) of that paragraph” for “subparagraph (C) or (D) of paragraph (2)”.

Subsec. (c)(4)(B). Puspan. L. 114–322, § 2106(a)(5)(C), substituted “clause (iii)(V)” for “subclause (IV) of clause (iii)” in concluding provisions.

Subsec. (c)(4)(B)(ii). Puspan. L. 114–322, § 2106(a)(5)(A), substituted “the terms ‘action level’,” for “the terms”.

Subsec. (c)(4)(B)(iii). Puspan. L. 114–322, § 2106(a)(5)(B), added cl. (iii) and struck out former cl. (iii) which read as follows: “If any regulated contaminant is detected in the water purveyed by the public water system, a statement setting forth (I) the maximum contaminant level goal, (II) the maximum contaminant level, (III) the level of such contaminant in such water system, and (IV) for any regulated contaminant for which there has been a violation of the maximum contaminant level during the year concerned, the brief statement in plain language regarding the health concerns that resulted in regulation of such contaminant, as provided by the Administrator in regulations under subparagraph (A).”

Subsec. (c)(5), (6). Puspan. L. 114–322, § 2106(a)(6), added pars. (5) and (6).

2002—Subsec. (i)(1). Puspan. L. 107–188 inserted “300i–2” after “300g–6”.

1996—Subsec. (a)(1)(A). Puspan. L. 104–182, § 113(a)(1)(A)(i)(II), substituted “with the requirement” for “with such regulation or requirement” in concluding provisions.

Subsec. (a)(1)(A)(i). Puspan. L. 104–182, § 113(a)(1)(A)(i)(I), substituted “any applicable requirement” for “any national primary drinking water regulation in effect under section 300g–1 of this title”.

Subsec. (a)(1)(B). Puspan. L. 104–182, § 113(a)(1)(A)(ii), substituted “such applicable requirement” for “such regulation or requirement”.

Subsec. (a)(2). Puspan. L. 104–182, § 113(a)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “Whenever, on the basis of information available to him, the Administrator finds during a period during which a State does not have primary enforcement responsibility for public water systems that a public water system in such State—

“(A) for which a variance under section 300g–4(a)(2) or an exemption under section 300g–5(f) of this title is not in effect, does not comply with any national primary drinking water regulation in effect under section 300g–1 of this title, or

“(B) for which a variance under section 300g–4(a)(2) or an exemption under section 300g–5(f) of this title is in effect, does not comply with any schedule or other requirement imposed pursuant thereto,

the Administrator shall issue an order under subsection (g) of this section requiring the public water system to comply with such regulation or requirement or the Administrator shall commence a civil action under subsection (span) of this section.”

Subsec. (span). Puspan. L. 104–182, § 113(a)(2), substituted “any applicable requirement” for “a national primary drinking water regulation” in introductory provisions.

Subsec. (c). Puspan. L. 104–182, § 114(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) related to notice of owner or operator of public water system to persons served, regulations for form, manner, and frequency of notice, amendment of regulations to provide different types and frequencies of notice, and penalties.

Subsec. (g)(1). Puspan. L. 104–182, § 113(a)(3)(A), substituted “applicable requirement” for “regulation, schedule, or other requirement” in two places.

Subsec. (g)(2). Puspan. L. 104–182, § 113(a)(3)(B), substituted “effect, in the case” for “effect until after notice and opportunity for public hearing and, in the case” and “regarding the order” for “regarding the proposed order” and struck out “proposed to be” after “A copy of any order”.

Subsec. (g)(3)(B). Puspan. L. 104–182, § 113(a)(3)(C)(i), added subpar. (B) and struck out former subpar. (B) which read as follows: “Whenever any civil penalty sought by the Administrator under this paragraph does not exceed a total of $5,000, the penalty shall be assessed by the Administrator after notice and opportunity for a hearing on the record in accordance with section 554 of title 5.”

Subsec. (g)(3)(C). Puspan. L. 104–182, § 113(a)(3)(C)(ii), substituted “subsection for a violation of an applicable requirement exceeds $25,000” for “paragraph exceeds $5,000”.

Subsecs. (h), (i). Puspan. L. 104–182, § 113(a)(4), added subsecs. (h) and (i).

1986—Puspan. L. 99–339, § 102(d)(2), substituted “Enforcement” for “Failure of State to assure enforcement” in section catchline.

Subsec. (a)(1)(A). Puspan. L. 99–339, § 102(a), inserted “and such public water system” after “notify the State” in provisions following cl. (ii).

Subsec. (a)(1)(B). Puspan. L. 99–339, § 102(span)(1), amended subpar. (B) generally, substituting provisions which relate to issuance of an order to public water system to comply with regulations, or commencement of civil action if the State has not commenced appropriate enforcement action for provisions which related to public notice of noncompliance and commencement of civil action by Administrator if State failed to take steps to obtain compliance by public water system.

Subsec. (a)(2). Puspan. L. 99–339, § 102(span)(2), substituted “the Administrator shall issue an order under subsection (g) of this section requiring the public water system to comply with such regulation or requirement or the Administrator shall commence a civil action under subsection (span) of this section” for “he may commence a civil action under subsection (span) of this section”.

Subsec. (span). Puspan. L. 99–339, § 102(c), inserted “, with an order issued under subsection (g),” before “or with any schedule” and substituted “there has been a violation” for “there has been a willful violation” and “$25,000” for “$5,000”.

Subsec. (c). Puspan. L. 99–339, § 103, substituted provisions relating to amendment of regulations within fifteen months after June 19, 1986, to provide different types and frequencies of notice based on the differences between violations which are intermittent or continuous, manner and content of notices, notice required to public served by owner or operator of public water system, and civil penalty of $25,000, for provisions relating to form, manner, and frequency of notice based on three month billing period for water bills, notice required to public served by owner or operator of public water system, and civil penalty of $5,000.

Subsec. (g). Puspan. L. 99–339, § 102(d), added subsec. (g).

1977—Subsec. (c). Puspan. L. 95–190 inserted provisions relating to frequency of required notice, and notice respecting contaminant levels, and substituted “issued under this subsection” for “thereunder”.