33 U.S.C. § 1369 : US Code - Section 1369: Administrative procedure and judicial review

Search 33 U.S.C. § 1369 : US Code - Section 1369: Administrative procedure and judicial review

(a) Subpenas
(1) For purposes of obtaining information under section 1315 of
this title, or carrying out section 1367(e) of this title, the
Administrator may issue subpenas for the attendance and testimony
of witnesses and the production of relevant papers, books, and
documents, and he may administer oaths. Except for effluent data,
upon a showing satisfactory to the Administrator that such papers,
books, documents, or information or particular part thereof, if
made public, would divulge trade secrets or secret processes, the
Administrator shall consider such record, report, or information or
particular portion thereof confidential in accordance with the
purposes of section 1905 of title 18, except that such paper, book,
document, or information may be disclosed to other officers,
employees, or authorized representatives of the United States
concerned with carrying out this chapter, or when relevant in any
proceeding under this chapter. Witnesses summoned shall be paid the
same fees and mileage that are paid witnesses in the courts of the
United States. In case of contumacy or refusal to obey a subpena
served upon any person under this subsection, the district court of
the United States for any district in which such person is found or
resides or transacts business, upon application by the United
States and after notice to such person, shall have jurisdiction to
issue an order requiring such person to appear and give testimony
before the Administrator, to appear and produce papers, books, and
documents before the Administrator, or both, and any failure to
obey such order of the court may be punished by such court as a
contempt thereof.
(2) The district courts of the United States are authorized, upon
application by the Administrator, to issue subpenas for attendance
and testimony of witnesses and the production of relevant papers,
books, and documents, for purposes of obtaining information under
sections 1314(b) and (c) of this title. Any papers, books,
documents, or other information or part thereof, obtained by reason
of such a subpena shall be subject to the same requirements as are
provided in paragraph (1) of this subsection.
(b) Review of Administrator's actions; selection of court; fees
(1) Review of the Administrator's action (A) in promulgating any
standard of performance under section 1316 of this title, (B) in
making any determination pursuant to section 1316(b)(1)(C) of this
title, (C) in promulgating any effluent standard, prohibition, or
pretreatment standard under section 1317 of this title, (D) in
making any determination as to a State permit program submitted
under section 1342(b) of this title, (E) in approving or
promulgating any effluent limitation or other limitation under
section 1311, 1312, 1316, or 1345 of this title, (F) in issuing or
denying any permit under section 1342 of this title, and (G) in
promulgating any individual control strategy under section 1314(l)
of this title, may be had by any interested person in the Circuit
Court of Appeals of the United States for the Federal judicial
district in which such person resides or transacts business which
is directly affected by such action upon application by such
person. Any such application shall be made within 120 days from the
date of such determination, approval, promulgation, issuance or
denial, or after such date only if such application is based solely
on grounds which arose after such 120th day.
(2) Action of the Administrator with respect to which review
could have been obtained under paragraph (1) of this subsection
shall not be subject to judicial review in any civil or criminal
proceeding for enforcement.
(3) Award of fees. - In any judicial proceeding under this
subsection, the court may award costs of litigation (including
reasonable attorney and expert witness fees) to any prevailing or
substantially prevailing party whenever it determines that such
award is appropriate.
(c) Additional evidence
In any judicial proceeding brought under subsection (b) of this
section in which review is sought of a determination under this
chapter 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
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.