
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC6991e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 82--SOLID WASTE DISPOSAL
 
         SUBCHAPTER IX--REGULATION OF UNDERGROUND STORAGE TANKS
 
Sec. 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; or
        (C) the provisions of section 6991b(g) of this title (entitled 
    ``Interim Prohibition'')

shall be subject to a civil penalty not to exceed $10,000 for each tank 
for each day of violation.

(Pub. L. 89-272, title II, Sec. 9006, as added Pub. L. 98-616, title VI, 
Sec. 601(a), Nov. 8, 1984, 98 Stat. 3285.)

                  Section Referred to in Other Sections

    This section is referred to in section 6991b of this title.
