Sec. 107. Enforcement
610 words·~3 min read·
/bill/119/s/4153/is/section-107A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in paragraph (2), whenever, on the basis of any information, the Administrator determines that a person may have violated, or may be in violation of, any requirement of this title, the Administrator may— issue an order— assessing a civil penalty for any past or current violation in an amount that the Administrator determines would remove any economic benefit from the violation; requiring compliance with that requirement, either immediately or within a specified period of time; or that both assesses a civil penalty in accordance with clause
(i)and requires compliance in accordance with clause (ii); or commence a civil action for appropriate relief, including a temporary or permanent injunction, in the United States district court for— the district in which the violation is alleged to have occurred, or is occurring; or the district in which the defendant resides or in which the principal place of business of the defendant is located. Before issuing an order or commencing an action under paragraph
(1)for a violation of a requirement of this title, the Administrator shall give notice to the State in which the violation is alleged to have occurred. An order issued pursuant to this subsection— may include a suspension or revocation of any use of a perfluoroalkyl or polyfluoroalkyl substance authorized under this title by the Administrator or a State; and shall state with reasonable specificity the nature of the violation for which the order was issued. In assessing a civil penalty under paragraph (1)(A)(i), the Administrator shall take into account, as applicable— the seriousness of the violation; the full compliance history of the defendant and any good faith efforts to comply; the size of the business of the defendant; the economic impact of the penalty on the business of the defendant; the duration of the violation, as established by credible evidence (including evidence other than the applicable test method); the amount of penalties previously assessed for the same violation; the economic benefit of the violation; the cumulative impacts of— the full compliance history of the defendant and any good faith efforts to comply; and other environmental contaminant exposures in impacted communities and ecosystems; and any other factor that justice may require. Nothing in this paragraph affects the existing authority of the Administrator to exercise enforcement discretion, including consideration of supplemental environmental projects. If a person subject to an order issued under subsection (a)(1) fails to take corrective action within the period specified in that order, the Administrator may assess a civil penalty in an amount that the Administrator determines would remove any economic benefit from the violation for each day of continuing violation in accordance with subsection (a)(4). A person who recklessly violates any material condition or requirement of any applicable standard under this title (including regulations) shall, on conviction, be subject to— a fine in an amount that the Administrator determines removes any economic benefit of the violation for each day of continuing violation; imprisonment for a period of not more than 5 years; or both a fine under paragraph
(1)and imprisonment under paragraph (2). The Administrator shall carry out this title in accordance with— the Clean Air Act ( 42 U.S.C. 7401 et seq. ); the Toxic Substances Control Act ( 15 U.S.C. 2601 et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); the Marine Protection, Research, and Sanctuaries Act of 1972 ( 33 U.S.C. 1401 et seq. ); the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); and the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976 ).
Connectionstraces to 6
Citation graph
cites case law
Cites 6Cited by 0 across 0 sources