§ 1320. — International pollution abatement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC1320]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 26--WATER POLLUTION PREVENTION AND CONTROL
SUBCHAPTER III--STANDARDS AND ENFORCEMENT
Sec. 1320. International pollution abatement
(a) Hearing; participation by foreign nations
Whenever the Administrator, upon receipts of reports, surveys, or
studies from any duly constituted international agency, has reason to
believe that pollution is occurring which endangers the health or
welfare of persons in a foreign country, and the Secretary of State
requests him to abate such pollution, he shall give formal notification
thereof to the State water pollution control agency of the State or
States in which such discharge or discharges originate and to the
appropriate interstate agency, if any. He shall also promptly call such
a hearing, if he believes that such pollution is occurring in sufficient
quantity to warrant such action, and if such foreign country has given
the United States essentially the same rights with respect to the
prevention and control of pollution occurring in that country as is
given that country by this subsection. The Administrator, through the
Secretary of State, shall invite the foreign country which may be
adversely affected by the pollution to attend and participate in the
hearing, and the representative of such country shall, for the purpose
of the hearing and any further proceeding resulting from such hearing,
have all the rights of a State water pollution control agency. Nothing
in this subsection shall be construed to modify, amend, repeal, or
otherwise affect the provisions of the 1909 Boundary Waters Treaty
between Canada and the United States or the Water Utilization Treaty of
1944 between Mexico and the United States (59 Stat. 1219), relative to
the control and abatement of pollution in waters covered by those
treaties.
(b) Functions and responsibilities of Administrator not affected
The calling of a hearing under this section shall not be construed
by the courts, the Administrator, or any person as limiting, modifying,
or otherwise affecting the functions and responsibilities of the
Administrator under this section to establish and enforce water quality
requirements under this chapter.
(c) Hearing board; composition; findings of fact; recommendations;
implementation of board's decision
The Administrator shall publish in the Federal Register a notice of
a public hearing before a hearing board of five or more persons
appointed by the Administrator. A majority of the members of the board
and the chairman who shall be designated by the Administrator shall not
be officers or employees of Federal, State, or local governments. On the
basis of the evidence presented at such hearing, the board shall within
sixty days after completion of the hearing make findings of fact as to
whether or not such pollution is occurring and shall thereupon by
decision, incorporating its findings therein, make such recommendations
to abate the pollution as may be appropriate and shall transmit such
decision and the record of the hearings to the Administrator. All such
decisions shall be public. Upon receipt of such decision, the
Administrator shall promptly implement the board's decision in
accordance with the provisions of this chapter.
(d) Report by alleged polluter
In connection with any hearing called under this subsection, the
board is authorized to require any person whose alleged activities
result in discharges causing or contributing to pollution to file with
it in such forms as it may prescribe, a report based on existing data,
furnishing such information as may reasonably be required as to the
character, kind, and quantity of such discharges and the use of
facilities or other means to prevent or reduce such discharges by the
person filing such a report. Such report shall be made under oath or
otherwise, as the board may prescribe, and shall be filed with the board
within such reasonable period as it may prescribe, unless additional
time is granted by it. Upon a showing satisfactory to the board by the
person filing such report that such report or portion thereof (other
than effluent data), to which the Administrator has access under this
section, if made public would divulge trade secrets or secret processes
of such person, the board shall consider such report or portion thereof
confidential for the purposes of section 1905 of title 18. If any person
required to file any report under this paragraph shall fail to do so
within the time fixed by the board for filing the same, and such failure
shall continue for thirty days after notice of such default, such person
shall forfeit to the United States the sum of $1,000 for each and every
day of the continuance of such failure, which forfeiture shall be
payable into the Treasury of the United States, and shall be recoverable
in a civil suit in the name of the United States in the district court
of the United States where such person has his principal office or in
any district in which he does business. The Administrator may upon
application therefor remit or mitigate any forfeiture provided for under
this subsection.
(e) Compensation of board members
Board members, other than officers or employees of Federal, State,
or local governments, shall be for each day (including travel-time)
during which they are performing board business, entitled to receive
compensation at a rate fixed by the Administrator but not in excess of
the maximum rate of pay for grade GS-18, as provided in the General
Schedule under section 5332 of title 5, and shall, notwithstanding the
limitations of sections 5703 and 5704 of title 5, be fully reimbursed
for travel, subsistence and related expenses.
(f) Enforcement proceedings
When any such recommendation adopted by the Administrator involves
the institution of enforcement proceedings against any person to obtain
the abatement of pollution subject to such recommendation, the
Administrator shall institute such proceedings if he believes that the
evidence warrants such proceedings. The district court of the United
States shall consider and determine de novo all relevant issues, but
shall receive in evidence the record of the proceedings before the
conference or hearing board. The court shall have jurisdiction to enter
such judgment and orders enforcing such judgment as it deems appropriate
or to remand such proceedings to the Administrator for such further
action as it may direct.
(June 30, 1948, ch. 758, title III, Sec. 310, as added Pub. L. 92-500,
Sec. 2, Oct. 18, 1972, 86 Stat. 860.)
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 [title I,
Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under section 5376
of Title 5.
