42 U.S.C. § 6991e : US Code - Section 6991E: Federal enforcement

Search 42 U.S.C. § 6991e : US Code - Section 6991E: Federal enforcement

(a) Compliance orders
(1) Except as provided in paragraph (2), whenever on the basis of
any information, the Administrator determines that any person is in
violation of any requirement of this subchapter, the Administrator
may issue an order requiring compliance within a reasonable
specified time period or the Administrator may commence a civil
action in the United States district court in which the violation
occurred for appropriate relief, including a temporary or permanent
injunction.
(2) In the case of a violation of any requirement of this
subchapter where such violation occurs in a State with a program
approved under section 6991c of this title, the Administrator shall
give notice to the State in which such violation has occurred prior
to issuing an order or commencing a civil action under this
section.
(3) If a violator fails to comply with an order under this
subsection within the time specified in the order, he shall be
liable for a civil penalty of not more than $25,000 for each day of
continued noncompliance.
(b) Procedure
Any order issued under this section shall become final unless, no
later than thirty days after the order is served, the person or
persons named therein request a public hearing. Upon such request
the Administrator shall promptly conduct a public hearing. In
connection with any proceeding under this section the Administrator
may issue subpoenas for the attendance and testimony of witnesses
and the production of relevant papers, books, and documents, and
may promulgate rules for discovery procedures.
(c) Contents of order
Any order issued under this section shall state with reasonable
specificity the nature of the violation, specify a reasonable time
for compliance, and assess a penalty, if any, which the
Administrator determines is reasonable taking into account the
seriousness of the violation and any good faith efforts to comply
with the applicable requirements.
(d) Civil penalties
(1) Any owner who knowingly fails to notify or submits false
information pursuant to section 6991a(a) of this title shall be
subject to a civil penalty not to exceed $10,000 for each tank for
which notification is not given or false information is submitted.
(2) Any owner or operator of an underground storage tank who
fails to comply with -
(A) any requirement or standard promulgated by the
Administrator under section 6991b of this title;
(B) any requirement or standard of a State program approved
pursuant to section 6991c of this title;
(C) the provisions of section 6991b(g) of this title (entitled
"Interim Prohibition"); or (!1)
(D) (!2) the requirements established in section 6991b(i) of
this title, (!3)
(D) (!2) the training requirements established by States
pursuant to section 6991i of this title (relating to operator
training); or
(E) the delivery prohibition requirement established by section
6991k of this title,
shall be subject to a civil penalty not to exceed $10,000 for each
tank for each day of violation. Any person making or accepting a
delivery or deposit of a regulated substance to an underground
storage tank at an ineligible facility in violation of section
6991k of this title shall also be subject to the same civil penalty
for each day of such violation.
(e) Incentive for performance
Both of the following may be taken into account in determining
the terms of a civil penalty under subsection (d) of this section:
(1) The compliance history of an owner or operator in
accordance with this subchapter or a program approved under
section 6991c of this title.
(2) Any other factor the Administrator considers appropriate.