§ 1319. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1319]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 1319. Enforcement
(a) State enforcement; compliance orders
(1) Whenever, on the basis of any information available to him, the
Administrator finds that any person is in violation of any condition or
limitation which implements section 1311, 1312, 1316, 1317, 1318, 1328,
or 1345 of this title in a permit issued by a State under an approved
permit program under section 1342 or 1344 of this title he shall proceed
under his authority in paragraph (3) of this subsection or he shall
notify the person in alleged violation and such State of such finding.
If beyond the thirtieth day after the Administrator's notification the
State has not commenced appropriate enforcement action, the
Administrator shall issue an order requiring such person to comply with
such condition or limitation or shall bring a civil action in accordance
with subsection (b) of this section.
(2) Whenever, on the basis of information available to him, the
Administrator finds that violations of permit conditions or limitations
as set forth in paragraph (1) of this subsection are so widespread that
such violations appear to result from a failure of the State to enforce
such permit conditions or limitations effectively, he shall so notify
the State. If the Administrator finds such failure extends beyond the
thirtieth day after such notice, he shall give public notice of such
finding. During the period beginning with such public notice and ending
when such State satisfies the Administrator that it will enforce such
conditions and limitations (hereafter referred to in this section as the
period of ``federally assumed enforcement''), except where an extension
has been granted under paragraph (5)(B) of this subsection, the
Administrator shall enforce any permit condition or limitation with
respect to any person--
(A) by issuing an order to comply with such condition or
limitation, or
(B) by bringing a civil action under subsection (b) of this
section.
(3) Whenever on the basis of any information available to him the
Administrator finds that any person is in violation of section 1311,
1312, 1316, 1317, 1318, 1328, or 1345 of this title, or is in violation
of any permit condition or limitation implementing any of such sections
in a permit issued under section 1342 of this title by him or by a State
or in a permit issued under section 1344 of this title by a State, he
shall issue an order requiring such person to comply with such section
or requirement, or he shall bring a civil action in accordance with
subsection (b) of this section.
(4) A copy of any order issued under this subsection shall be sent
immediately by the Administrator to the State in which the violation
occurs and other affected States. In any case in which an order under
this subsection (or notice to a violator under paragraph (1) of this
subsection) is issued to a corporation, a copy of such order (or notice)
shall be served on any appropriate corporate officers. An order issued
under this subsection relating to a violation of section 1318 of this
title shall not take effect until the person to whom it is issued has
had an opportunity to confer with the Administrator concerning the
alleged violation.
(5)(A) Any order issued under this subsection shall be by personal
service, shall state with reasonable specificity the nature of the
violation, and shall specify a time for compliance not to exceed thirty
days in the case of a violation of an interim compliance schedule or
operation and maintenance requirement and not to exceed a time the
Administrator determines to be reasonable in the case of a violation of
a final deadline, taking into account the seriousness of the violation
and any good faith efforts to comply with applicable requirements.
(B) The Administrator may, if he determines (i) that any person who
is a violator of, or any person who is otherwise not in compliance with,
the time requirements under this chapter or in any permit issued under
this chapter, has acted in good faith, and has made a commitment (in the
form of contracts or other securities) of necessary resources to achieve
compliance by the earliest possible date after July 1, 1977, but not
later than April 1, 1979; (ii) that any extension under this provision
will not result in the imposition of any additional controls on any
other point or nonpoint source; (iii) that an application for a permit
under section 1342 of this title was filed for such person prior to
December 31, 1974; and (iv) that the facilities necessary for compliance
with such requirements are under construction, grant an extension of the
date referred to in section 1311(b)(1)(A) of this title to a date which
will achieve compliance at the earliest time possible but not later than
April 1, 1979.
(6) Whenever, on the basis of information available to him, the
Administrator finds (A) that any person is in violation of section
1311(b)(1)(A) or (C) of this title, (B) that such person cannot meet the
requirements for a time extension under section 1311(i)(2) of this
title, and (C) that the most expeditious and appropriate means of
compliance with this chapter by such person is to discharge into a
publicly owned treatment works, then, upon request of such person, the
Administrator may issue an order requiring such person to comply with
this chapter at the earliest date practicable, but not later than July
1, 1983, by discharging into a publicly owned treatment works if such
works concur with such order. Such order shall include a schedule of
compliance.
(b) Civil actions
The Administrator is authorized to commence a civil action for
appropriate relief, including a permanent or temporary injunction, for
any violation for which he is authorized to issue a compliance order
under subsection (a) of this section. Any action under this subsection
may be brought in the district court of the United States for the
district in which the defendant is located or resides or is doing
business, and such court shall have jurisdiction to restrain such
violation and to require compliance. Notice of the commencement of such
action shall be given immediately to the appropriate State.
(c) Criminal penalties
(1) Negligent violations
Any person who--
(A) negligently violates section 1311, 1312, 1316, 1317,
1318, 1321(b)(3), 1328, or 1345 of this title, or any permit
condition or limitation implementing any of such sections in a
permit issued under section 1342 of this title by the
Administrator or by a State, or any requirement imposed in a
pretreatment program approved under section 1342(a)(3) or
1342(b)(8) of this title or in a permit issued under section
1344 of this title by the Secretary of the Army or by a State;
or
(B) negligently introduces into a sewer system or into a
publicly owned treatment works any pollutant or hazardous
substance which such person knew or reasonably should have known
could cause personal injury or property damage or, other than in
compliance with all applicable Federal, State, or local
requirements or permits, which causes such treatment works to
violate any effluent limitation or condition in any permit
issued to the treatment works under section 1342 of this title
by the Administrator or a State;
shall be punished by a fine of not less than $2,500 nor more than
$25,000 per day of violation, or by imprisonment for not more than 1
year, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this
paragraph, punishment shall be by a fine of not more than $50,000
per day of violation, or by imprisonment of not more than 2 years,
or by both.
(2) Knowing violations
Any person who--
(A) knowingly violates section 1311, 1312, 1316, 1317, 1318,
1321(b)(3), 1328, or 1345 of this title, or any permit condition
or limitation implementing any of such sections in a permit
issued under section 1342 of this title by the Administrator or
by a State, or any requirement imposed in a pretreatment program
approved under section 1342(a)(3) or 1342(b)(8) of this title or
in a permit issued under section 1344 of this title by the
Secretary of the Army or by a State; or
(B) knowingly introduces into a sewer system or into a
publicly owned treatment works any pollutant or hazardous
substance which such person knew or reasonably should have known
could cause personal injury or property damage or, other than in
compliance with all applicable Federal, State, or local
requirements or permits, which causes such treatment works to
violate any effluent limitation or condition in a permit issued
to the treatment works under section 1342 of this title by the
Administrator or a State;
shall be punished by a fine of not less than $5,000 nor more than
$50,000 per day of violation, or by imprisonment for not more than 3
years, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this
paragraph, punishment shall be by a fine of not more than $100,000
per day of violation, or by imprisonment of not more than 6 years,
or by both.
(3) Knowing endangerment
(A) General rule
Any person who knowingly violates section 1311, 1312, 1313,
1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this title, or
any permit condition or limitation implementing any of such
sections in a permit issued under section 1342 of this title by
the Administrator or by a State, or in a permit issued under
section 1344 of this title by the Secretary of the Army or by a
State, and who knows at that time that he thereby places another
person in imminent danger of death or serious bodily injury,
shall, upon conviction, be subject to a fine of not more than
$250,000 or imprisonment of not more than 15 years, or both. A
person which is an organization shall, upon conviction of
violating this subparagraph, be subject to a fine of not more
than $1,000,000. If a conviction of a person is for a violation
committed after a first conviction of such person under this
paragraph, the maximum punishment shall be doubled with respect
to both fine and imprisonment.
(B) Additional provisions
For the purpose of subparagraph (A) of this paragraph--
(i) in determining whether a defendant who is an
individual knew that his conduct placed another person in
imminent danger of death or serious bodily injury--
(I) the person is responsible only for actual
awareness or actual belief that he possessed; and
(II) knowledge possessed by a person other than the
defendant but not by the defendant himself may not be
attributed to the defendant;
except that in proving the defendant's possession of actual
knowledge, circumstantial evidence may be used, including
evidence that the defendant took affirmative steps to shield
himself from relevant information;
(ii) it is an affirmative defense to prosecution that
the conduct charged was consented to by the person
endangered and that the danger and conduct charged were
reasonably foreseeable hazards of--
(I) an occupation, a business, or a profession; or
(II) medical treatment or medical or scientific
experimentation conducted by professionally approved
methods and such other person had been made aware of the
risks involved prior to giving consent;
and such defense may be established under this subparagraph by
a preponderance of the evidence;
(iii) the term ``organization'' means a legal entity,
other than a government, established or organized for any
purpose, and such term includes a corporation, company,
association, firm, partnership, joint stock company,
foundation, institution, trust, society, union, or any other
association of persons; and
(iv) the term ``serious bodily injury'' means bodily
injury which involves a substantial risk of death,
unconsciousness, extreme physical pain, protracted and
obvious disfigurement, or protracted loss or impairment of
the function of a bodily member, organ, or mental faculty.
(4) False statements
Any person who knowingly makes any false material statement,
representation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under
this chapter or who knowingly falsifies, tampers with, or renders
inaccurate any monitoring device or method required to be maintained
under this chapter, shall upon conviction, be punished by a fine of
not more than $10,000, or by imprisonment for not more than 2 years,
or by both. If a conviction of a person is for a violation committed
after a first conviction of such person under this paragraph,
punishment shall be by a fine of not more than $20,000 per day of
violation, or by imprisonment of not more than 4 years, or by both.
(5) Treatment of single operational upset
For purposes of this subsection, a single operational upset
which leads to simultaneous violations of more than one pollutant
parameter shall be treated as a single violation.
(6) Responsible corporate officer as ``person''
For the purpose of this subsection, the term ``person'' means,
in addition to the definition contained in section 1362(5) of this
title, any responsible corporate officer.
(7) Hazardous substance defined
For the purpose of this subsection, the term ``hazardous
substance'' means (A) any substance designated pursuant to section
1321(b)(2)(A) of this title, (B) any element, compound, mixture,
solution, or substance designated pursuant to section 9602 of title
42, (C) any hazardous waste having the characteristics identified
under or listed pursuant to section 3001 of the Solid Waste Disposal
Act [42 U.S.C. 6921] (but not including any waste the regulation of
which under the Solid Waste Disposal Act [42 U.S.C. 6901 et seq.]
has been suspended by Act of Congress), (D) any toxic pollutant
listed under section 1317(a) of this title, and (E) any imminently
hazardous chemical substance or mixture with respect to which the
Administrator has taken action pursuant to section 2606 of title 15.
(d) Civil penalties; factors considered in determining amount
Any person who violates section 1311, 1312, 1316, 1317, 1318, 1328,
or 1345 of this title, or any permit condition or limitation
implementing any of such sections in a permit issued under section 1342
of this title by the Administrator, or by a State, or in a permit issued
under section 1344 of this title by a State,,\1\ or any requirement
imposed in a pretreatment program approved under section 1342(a)(3) or
1342(b)(8) of this title, and any person who violates any order issued
by the Administrator under subsection (a) of this section, shall be
subject to a civil penalty not to exceed $25,000 per day for each
violation. In determining the amount of a civil penalty the court shall
consider the seriousness of the violation or violations, the economic
benefit (if any) resulting from the violation, any history of such
violations, any good-faith efforts to comply with the applicable
requirements, the economic impact of the penalty on the violator, and
such other matters as justice may require. For purposes of this
subsection, a single operational upset which leads to simultaneous
violations of more than one pollutant parameter shall be treated as a
single violation.
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(e) State liability for judgments and expenses
Whenever a municipality is a party to a civil action brought by the
United States under this section, the State in which such municipality
is located shall be joined as a party. Such State shall be liable for
payment of any judgment, or any expenses incurred as a result of
complying with any judgment, entered against the municipality in such
action to the extent that the laws of that State prevent the
municipality from raising revenues needed to comply with such judgment.
(f) Wrongful introduction of pollutant into treatment works
Whenever, on the basis of any information available to him, the
Administrator finds that an owner or operator of any source is
introducing a pollutant into a treatment works in violation of
subsection (d) of section 1317 of this title, the Administrator may
notify the owner or operator of such treatment works and the State of
such violation. If the owner or operator of the treatment works does not
commence appropriate enforcement action within 30 days of the date of
such notification, the Administrator may commence a civil action for
appropriate relief, including but not limited to, a permanent or
temporary injunction, against the owner or operator of such treatment
works. In any such civil action the Administrator shall join the owner
or operator of such source as a party to the action. Such action shall
be brought in the district court of the United States in the district in
which the treatment works is located. Such court shall have jurisdiction
to restrain such violation and to require the owner or operator of the
treatment works and the owner or operator of the source to take such
action as may be necessary to come into compliance with this chapter.
Notice of commencement of any such action shall be given to the State.
Nothing in this subsection shall be construed to limit or prohibit any
other authority the Administrator may have under this chapter.
(g) Administrative penalties
(1) Violations
Whenever on the basis of any information available--
(A) the Administrator finds that any person has violated
section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this
title, or has violated any permit condition or limitation
implementing any of such sections in a permit issued under
section 1342 of this title by the Administrator or by a State,
or in a permit issued under section 1344 of this title by a
State, or
(B) the Secretary of the Army (hereinafter in this
subsection referred to as the ``Secretary'') finds that any
person has violated any permit condition or limitation in a
permit issued under section 1344 of this title by the Secretary,
the Administrator or Secretary, as the case may be, may, after
consultation with the State in which the violation occurs, assess a
class I civil penalty or a class II civil penalty under this
subsection.
(2) Classes of penalties
(A) Class I
The amount of a class I civil penalty under paragraph (1)
may not exceed $10,000 per violation, except that the maximum
amount of any class I civil penalty under this subparagraph
shall not exceed $25,000. Before issuing an order assessing a
civil penalty under this subparagraph, the Administrator or the
Secretary, as the case may be, shall give to the person to be
assessed such penalty written notice of the Administrator's or
Secretary's proposal to issue such order and the opportunity to
request, within 30 days of the date the notice is received by
such person, a hearing on the proposed order. Such hearing shall
not be subject to section 554 or 556 of title 5, but shall
provide a reasonable opportunity to be heard and to present
evidence.
(B) Class II
The amount of a class II civil penalty under paragraph (1)
may not exceed $10,000 per day for each day during which the
violation continues; except that the maximum amount of any class
II civil penalty under this subparagraph shall not exceed
$125,000. Except as otherwise provided in this subsection, a
class II civil penalty shall be assessed and collected in the
same manner, and subject to the same provisions, as in the case
of civil penalties assessed and collected after notice and
opportunity for a hearing on the record in accordance with
section 554 of title 5. The Administrator and the Secretary may
issue rules for discovery procedures for hearings under this
subparagraph.
(3) Determining amount
In determining the amount of any penalty assessed under this
subsection, the Administrator or the Secretary, as the case may be,
shall take into account the nature, circumstances, extent and
gravity of the violation, or violations, and, with respect to the
violator, ability to pay, any prior history of such violations, the
degree of culpability, economic benefit or savings (if any)
resulting from the violation, and such other matters as justice may
require. For purposes of this subsection, a single operational upset
which leads to simultaneous violations of more than one pollutant
parameter shall be treated as a single violation.
(4) Rights of interested persons
(A) Public notice
Before issuing an order assessing a civil penalty under this
subsection the Administrator or Secretary, as the case may be,
shall provide public notice of and reasonable opportunity to
comment on the proposed issuance of such order.
(B) Presentation of evidence
Any person who comments on a proposed assessment of a
penalty under this subsection shall be given notice of any
hearing held under this subsection and of the order assessing
such penalty. In any hearing held under this subsection, such
person shall have a reasonable opportunity to be heard and to
present evidence.
(C) Rights of interested persons to a hearing
If no hearing is held under paragraph (2) before issuance of
an order assessing a penalty under this subsection, any person
who commented on the proposed assessment may petition, within 30
days after the issuance of such order, the Administrator or
Secretary, as the case may be, to set aside such order and to
provide a hearing on the penalty. If the evidence presented by
the petitioner in support of the petition is material and was
not considered in the issuance of the order, the Administrator
or Secretary shall immediately set aside such order and provide
a hearing in accordance with paragraph (2)(A) in the case of a
class I civil penalty and paragraph (2)(B) in the case of a
class II civil penalty. If the Administrator or Secretary denies
a hearing under this subparagraph, the Administrator or
Secretary shall provide to the petitioner, and publish in the
Federal Register, notice of and the reasons for such denial.
(5) Finality of order
An order issued under this subsection shall become final 30 days
after its issuance unless a petition for judicial review is filed
under paragraph (8) or a hearing is requested under paragraph
(4)(C). If such a hearing is denied, such order shall become final
30 days after such denial.
(6) Effect of order
(A) Limitation on actions under other sections
Action taken by the Administrator or the Secretary, as the
case may be, under this subsection shall not affect or limit the
Administrator's or Secretary's authority to enforce any
provision of this chapter; except that any violation--
(i) with respect to which the Administrator or the
Secretary has commenced and is diligently prosecuting an
action under this subsection,
(ii) with respect to which a State has commenced and is
diligently prosecuting an action under a State law
comparable to this subsection, or
(iii) for which the Administrator, the Secretary, or the
State has issued a final order not subject to further
judicial review and the violator has paid a penalty assessed
under this subsection, or such comparable State law, as the
case may be,
shall not be the subject of a civil penalty action under
subsection (d) of this section or section 1321(b) of this title
or section 1365 of this title.
(B) Applicability of limitation with respect to citizen suits
The limitations contained in subparagraph (A) on civil
penalty actions under section 1365 of this title shall not apply
with respect to any violation for which--
(i) a civil action under section 1365(a)(1) of this
title has been filed prior to commencement of an action
under this subsection, or
(ii) notice of an alleged violation of section
1365(a)(1) of this title has been given in accordance with
section 1365(b)(1)(A) of this title prior to commencement of
an action under this subsection and an action under section
1365(a)(1) of this title with respect to such alleged
violation is filed before the 120th day after the date on
which such notice is given.
(7) Effect of action on compliance
No action by the Administrator or the Secretary under this
subsection shall affect any person's obligation to comply with any
section of this chapter or with the terms and conditions of any
permit issued pursuant to section 1342 or 1344 of this title.
(8) Judicial review
Any person against whom a civil penalty is assessed under this
subsection or who commented on the proposed assessment of such
penalty in accordance with paragraph (4) may obtain review of such
assessment--
(A) in the case of assessment of a class I civil penalty, in
the United States District Court for the District of Columbia or
in the district in which the violation is alleged to have
occurred, or
(B) in the case of assessment of a class II civil penalty,
in United States Court of Appeals for the District of Columbia
Circuit or for any other circuit in which such person resides or
transacts business,
by filing a notice of appeal in such court within the 30-day period
beginning on the date the civil penalty order is issued and by
simultaneously sending a copy of such notice by certified mail to
the Administrator or the Secretary, as the case may be, and the
Attorney General. The Administrator or the Secretary shall promptly
file in such court a certified copy of the record on which the order
was issued. Such court shall not set aside or remand such order
unless there is not substantial evidence in the record, taken as a
whole, to support the finding of a violation or unless the
Administrator's or Secretary's assessment of the penalty constitutes
an abuse of discretion and shall not impose additional civil
penalties for the same violation unless the Administrator's or
Secretary's assessment of the penalty constitutes an abuse of
discretion.
(9) Collection
If any person fails to pay an assessment of a civil penalty--
(A) after the order making the assessment has become final,
or
(B) after a court in an action brought under paragraph (8)
has entered a final judgment in favor of the Administrator or
the Secretary, as the case may be,
the Administrator or the Secretary shall request the Attorney
General to bring a civil action in an appropriate district court to
recover the amount assessed (plus interest at currently prevailing
rates from the date of the final order or the date of the final
judgment, as the case may be). In such an action, the validity,
amount, and appropriateness of such penalty shall not be subject to
review. Any person who fails to pay on a timely basis the amount of
an assessment of a civil penalty as described in the first sentence
of this paragraph shall be required to pay, in addition to such
amount and interest, attorneys fees and costs for collection
proceedings and a quarterly nonpayment penalty for each quarter
during which such failure to pay persists. Such nonpayment penalty
shall be in an amount equal to 20 percent of the aggregate amount of
such person's penalties and nonpayment penalties which are unpaid as
of the beginning of such quarter.
(10) Subpoenas
The Administrator or Secretary, as the case may be, may issue
subpoenas for the attendance and testimony of witnesses and the
production of relevant papers, books, or documents in connection
with hearings under this subsection. In case of contumacy or refusal
to obey a subpoena issued pursuant to this paragraph and served upon
any person, the district court of the United States for any district
in which such person is found, 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 administrative law judge or to
appear and produce documents before the administrative law judge, or
both, and any failure to obey such order of the court may be
punished by such court as a contempt thereof.
(11) Protection of existing procedures
Nothing in this subsection shall change the procedures existing
on the day before February 4, 1987, under other subsections of this
section for issuance and enforcement of orders by the Administrator.
(June 30, 1948, ch. 758, title III, Sec. 309, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 859; amended Pub. L. 95-217,
Secs. 54(b), 55, 56, 67(c)(2), Dec. 27, 1977, 91 Stat. 1591, 1592, 1606;
Pub. L. 100-4, title III, Secs. 312, 313(a)(1), (b)(1), (c), 314(a),
Feb. 4, 1987, 101 Stat. 42, 45, 46; Pub. L. 101-380, title IV,
Sec. 4301(c), Aug. 18, 1990, 104 Stat. 537.)
References in Text
The Solid Waste Disposal Act, referred to in subsec. (c)(7), is
title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which
is classified generally to chapter 82 (Sec. 6901 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 6901 of Title 42
and Tables.
Amendments
1990--Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 101-380 inserted
``1321(b)(3),'' after ``1318,''.
1987--Subsec. (c). Pub. L. 100-4, Sec. 312, amended subsec. (c)
generally, revising provisions of par. (1), adding pars. (2), (3), (5),
and (7), redesignating former pars. (2) and (4) as (3) and (6),
respectively, and revising provisions of redesignated par. (4).
Subsec. (d). Pub. L. 100-4, Sec. 313(a)(1), inserted ``, or any
requirement imposed in a pretreatment program approved under section
1342(a)(3) or 1342(b)(8) of this title,'' after second reference to
``State,''.
Pub. L. 100-4, Sec. 313(b)(1), substituted ``$25,000 per day for
each violation'' for ``$10,000 per day of such violation''.
Pub. L. 100-4, Sec. 313(c), inserted at end ``In determining the
amount of a civil penalty the court shall consider the seriousness of
the violation or violations, the economic benefit (if any) resulting
from the violation, any history of such violations, any good-faith
efforts to comply with the applicable requirements, the economic impact
of the penalty on the violator, and such other matters as justice may
require. For purposes of this subsection, a single operational upset
which leads to simultaneous violations of more than one pollutant
parameter shall be treated as a single violation.''
Subsec. (g). Pub. L. 100-4, Sec. 314(a), added subsec. (g).
1977--Subsec. (a)(1). Pub. L. 95-217, Secs. 55(a), 67(c)(2)(A),
substituted ``1318, 1328, or 1345 of this title'' for ``or 1318 of this
title'' and ``1342 or 1344 of this title'' for ``1342 of this title''.
Subsec. (a)(2). Pub. L. 95-217, Sec. 56(a), substituted ``except
where an extension has been granted under paragraph (5)(B) of this
subsection, the Administrator shall enforce any permit condition or
limitation'' for ``the Administrator shall enforce any permit condition
or limitation''.
Subsec. (a)(3). Pub. L. 95-217, Secs. 55(b), 67(c)(2)(B),
substituted ``1318, 1328, or 1345 of this title'' for ``or 1318 of this
title'' and inserted ``or in a permit issued under section 1344 of this
title by a State'' after ``in a permit issued under section 1342 of this
title by him or by a State''.
Subsec. (a)(4). Pub. L. 95-217, Sec. 56(b), struck out provision
that any order issued under this subsection had to be by personal
service and had to state with reasonable specificity the nature of the
violation and a time for compliance, not to exceed thirty days, which
the Administrator determined to be reasonable, taking into account the
seriousness of the violation and any good faith efforts to comply with
applicable requirements. See section subsec. (a)(5) of this section.
Subsec. (a)(5), (6). Pub. L. 95-217, Sec. 56(c), added pars. (5) and
(6).
Subsec. (c)(1). Pub. L. 95-217, Sec. 67(c)(2)(C), substituted ``by a
State or in a permit issued under section 1344 of this title by a State,
shall be punished'' for ``by a State, shall be punished''.
Subsec. (d). Pub. L. 95-217, Secs. 55(c), 67(c)(2)(D), substituted
``1318, 1328, or 1345 of this title'' for ``or 1318 of this title'' and
inserted ``or in a permit issued under section 1344 of this title by a
State,'' after ``permit issued under section 1342 of this title by the
Administrator, or by a State,''.
Subsec. (f). Pub. L. 95-217, Sec. 54(b), added subsec. (f).
Effective Date of 1990 Amendment
Amendment by Pub. L. 101-380 applicable to incidents occurring after
Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out as an
Effective Date note under section 2701 of this title.
Savings Provision
Section 313(a)(2) of Pub. L. 100-4 provided that: ``No State shall
be required before July 1, 1988, to modify a permit program approved or
submitted under section 402 of the Federal Water Pollution Control Act
[33 U.S.C. 1342] as a result of the amendment made by paragraph (1)
[amending this section].''
Deposit of Certain Penalties Into Oil Spill Liability Trust Fund
Penalties paid pursuant to subsection (c) of this section and
sections 1321 and 1501 et seq. of this title to be deposited in the Oil
Spill Liability Trust Fund created under section 9509 of Title 26,
Internal Revenue Code, see section 4304 of Pub. L. 101-380, set out as a
note under section 9509 of Title 26.
Increased Penalties Not Required Under State Programs
Section 313(b)(2) of Pub. L. 100-4 provided that: ``The Federal
Water Pollution Control Act [33 U.S.C. 1251 et seq.] shall not be
construed as requiring a State to have a civil penalty for violations
described in section 309(d) of such Act [33 U.S.C. 1319(d)] which has
the same monetary amount as the civil penalty established by such
section, as amended by paragraph (1) [amending this section]. Nothing in
this paragraph shall affect the Administrator's authority to establish
or adjust by regulation a minimum acceptable State civil penalty.
Actions by Surgeon General Relating to Interstate Pollution
Act July 9, 1956, ch. 518, Sec. 5, 70 Stat. 507, provided that
actions by the Surgeon General with respect to water pollutants under
section 2(d) of act June 30, 1948, ch. 758, 62 Stat. 1155, as in effect
prior to July 9, 1956, which had been completed prior to such date,
would still be subject to the terms of section 2(d) of act June 30,
1948, in effect prior to the July 9, 1956 amendment, but that actions
with respect to such pollutants would nevertheless subsequently be
possible in accordance with the terms of act June 30, 1948, as amended
by act July 9, 1956.
Section Referred to in Other Sections
This section is referred to in sections 1256, 1321, 1342, 1344,
1365, 1368, 1377 of this title; title 26 section 9509; title 42 sections
7412, 9606, 9607.
