42 USC 6991e - Federal enforcement

U.S Code last checked for updates: Nov 22, 2024

§ 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

(c)

Contents of order

(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

 So in original. The word “or” probably should not appear.

(D)

 So in original. Two subpars. (D) have been enacted.

the requirements established in section 6991b(i) of this title, 3

 So in original. The comma probably should be a semicolon.

(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):

(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.

(Pub. L. 89–272, title II, § 9006, as added Pub. L. 98–616, title VI, § 601(a), Nov. 8, 1984, 98 Stat. 3285; Pub. L. 109–58, title XV, §§ 1524(c), 1526(d), 1527(b), 1530(d), Aug. 8, 2005, 119 Stat. 1096, 1098, 1099, 1104.)

cite as: 42 USC 6991e