MARVIN MANDEL, Governor                                  985

FEDERAL ACT.

386E.

(A)     THE SECRETARY, UPON RECEIPT OF INFORMATION
THAT A CONTAMINANT WHICH IS PRESENT IN OR IF PROVEN TO
THE SECRETARY IS LIKELY TO ENTER A PUBLIC WATER SYSTEM
[[MAY]] WOULD PRESENT AN IMMINENT AND SUBSTANTIAL
ENDANGERMENT TO THE HEALTH OF PERSONS, MAY TAKE ANY
ACTION NECESSARY IN ORDER TO PROTECT THE HEALTH OF SUCH
PERSONS.

(B)     THE ACTIONS WHICH THE SECRETARY MAY TAKE
INCLUDE, BUT SHALL NOT BE LIMITED TO:

(1)    ISSUING ORDERS NECESSARY TO PROTECT THE
HEALTH OF PERSONS WHO ARE OR MAY BE USERS OF THE SYSTEM,
INCLUDING TRAVELERS, AND

(2)      COMMENCING A CIVIL ACTION FOR
APPROPRIATE RELIEF, INCLUDING A RESTRAINING ORDER OR
PERMANENT OR TEMPORARY INJUNCTION.

386F.

(A)    THE SECRETARY SHALL PROMULGATE AN ADEQUATE
PLAN FOR THE PROVISION OF SAFE DRINKING WATER UNDER
EMERGENCY CIRCUMSTANCES.

(B)     WHEN, IN THE JUDGMENT OF THE SECRETARY,
EMERGENCY CIRCUMSTANCES EXIST IN THE STATE WITH RESPECT
TO A NEED FOR SAFE DRINKING WATER, HE MAY TAKE ACTIONS
NECESSARY IN ORDER TO PROVIDE SAFE DRINKING WATER WHERE
IT OTHERWISE WOULD NOT BE AVAILABLE.

386G.

(A)         (1)         THE PUBLIC WATER SYSTEM SHALL NOTIFY THE

DEPARTMENT, ADMINISTRATOR, AND COMMUNICATIONS MEDIA
SERVING THE AREA SERVED BY THE SYSTEM WHEN THE SYSTEM

(I)             IS NOT IN COMPLIANCE WITH THE
STATE PRIMARY DRINKING WATER REGULATIONS; OR

(II)          FAILS TO PERFORM MONITORING
REQUIRED BY REGULATIONS ADOPTED BY THE [[DIRECTOR]]

SECRETARY; OR

(III) IS SUBJECT TO A VARIANCE
GRANTED FOR AN INABILITY TO MEET A MAXIMUM CONTAMINANT
LEVEL REQUIREMENT; OR

(IV)       IS SUBJECT TO AN EXEMPTION; OR

(V)               FAILS TO COMPLY WITH THE
REQUIREMENTS PRESCRIBED BY A VARIANCE OR EXEMPTION.

(B)         THE NOTICE SHALL: