ENFORCEMENT; JUDICIAL REVIEW.

SEC. 113. ENFORCEMENT; JUDICIAL REVIEW. (a) In General.— Section 1414 (42 U.S.C. 300g-3) is amended as follows: (1) In subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i), by striking “any national primary drinking water regulation in effect under section 1412” and inserting “any applicable requirement”; and (II) by striking “with such regulation or requirement” and inserting “with the requirement”; and (ii) in subparagraph (B), by striking “regulation or” and inserting “applicable”; and (B) by striking paragraph (2) and inserting the following: “(2) Enforcement in nonprimacy states.— “(A) In general.— If, on the basis of information available to the Administrator, the Administrator finds, with respect to a period in which a State does not have primary enforcement responsibility for public water systems, that a public water system in the State— “(i) for which a variance under section 1415 or an exemption under section 1416 is not in effect, does not comply with any applicable requirement; or “(ii) for which a variance under section 1415 or an exemption under section 1416 is in effect, does not comply with any schedule or other requirement imposed pursuant to the variance or exemption; the Administrator shall issue an order under subsection (g) requiring the public water system to comply with the requirement, or commence a civil action under subsection (b). “(B) Notice.— If the Administrator takes any action pursuant to this paragraph, the Administrator shall notify an appropriate local elected official, if any, with jurisdiction over the public water system of the action prior to the time that the action is taken.”. (2) In the first sentence of subsection (b), by striking “a national primary drinking water regulation” and inserting any applicable requirement”. (3) In subsection (g)— (A) in paragraph (1), by striking “regulation, schedule, or other” each place it appears and inserting “applicable”; (B) in paragraph (2)— (i) in the first sentence— (I) by striking “effect until after notice and opportunity for public hearing and,” and inserting “effect,”; and (II) by striking “proposed order” and inserting “order”; and (ii) in the second sentence, by striking “proposed to be”; and 110 STAT. 1635 (C) in paragraph (3)— (i) by striking subparagraph (B) and inserting the following: “(B) In a case in which a civil penalty sought by the Administrator under this paragraph does not exceed $5,000, the penalty shall be assessed by the Administrator or after notice and opportunity for a public hearing (unless the person against whom the penalty is assessed requests a hearing on the record in accordance with section 554 of title 5, United States Code). In a case in which a civil penalty sought by the Administrator under this paragraph exceeds $5,000, but does not exceed $25,000, 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, United States Code.”; and (ii) in subparagraph (C), by striking “paragraph exceeds $5,000” and inserting “subsection for a violation of an applicable requirement exceeds $25,000”. (4) By adding at the end the following: “(h) Consolidation Incentive.— “(1) In general.— An owner or operator of a public water system may submit to the State in which the system is located (if the State has primary enforcement responsibility under section 1413) or to the Administrator (if the State does not have primary enforcement responsibility) a plan (including specific measures and schedules) for— “(A) the physical consolidation of the system with 1 or more other systems; “(B) the consolidation of significant management and administrative functions of the system with 1 or more other systems; or “(C) the transfer of ownership of the system that may reasonably be expected to improve drinking water quality. “(2) Consequences of approval.— If the State or the Administrator approves a plan pursuant to paragraph (1), no enforcement action shall be taken pursuant to this part with respect to a specific violation identified in the approved plan prior to the date that is the earlier of the date on which consolidation is completed according to the plan or the date that is 2 years after the plan is approved. “(i) Definition of Applicable Requirement.— In this section, the term ‘applicable requirement’ means— “(1) a requirement of section 1412, 1414, 1415, 1416, 1417, 1441 or 1445; “(2) a regulation promulgated pursuant to a section referred to in paragraph (1); “(3) a schedule or requirement imposed pursuant to a section referred to in paragraph (1); and “(4) a requirement of, or permit issued under, an applicable State program for which the Administrator has made a determination that the requirements of section 1413 have been satisfied, or an applicable State program approved pursuant to this part.”. (b) State Authority for Administrative Penalties.— Section 1413(a) (42 U.S.C. 300g-2(a)) is amended— (1) by striking “and” at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting “; and”; and 110 STAT. 1636 (3) by adding at the end the following: “(6) has adopted authority for administrative penalties (unless the constitution of the State prohibits the adoption of the authority) in a maximum amount— “(A) in the case of a system serving a population of more than 10,000, that is not less than $1,000 per day per violation; and “(B) in the case of any other system, that is adequate to ensure compliance (as determined by the State); except that a State may establish a maximum limitation on the total amount of administrative penalties that may be imposed on a public water system per violation.”. (c) Judicial Review.— Section 1448(a) (42 U.S.C. 300j-7(a)) is amended— (1) in paragraph (2) of the first sentence, by inserting “final” after “any other”; (2) in the second sentence, by striking “or issuance of the order” and inserting “or any other final Agency action”; and (3) by adding at the end the following “In any petition concerning the assessment of a civil penalty pursuant to section 1414(g)(3)(B), the petitioner shall simultaneously send a copy of the complaint by certified mail to the Administrator and the Attorney General. The court shall set aside and remand the penalty order if the court finds that there is not substantial evidence in the record to support the finding of a violation or that the assessment of the penalty by the Administrator constitutes an abuse of discretion.”. (d) Emergency Powers.— Section 1431(b) (42 U.S.C. 300i(b)) is amended by striking “$5,000” and inserting “$15,000”.