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.