Sec. 9006. federal enforcement
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/statute-compilations/comps-893/sec-9006A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 9006 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 subtitle, 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 subtitle where such violation occurs in a State with a program approved under section 9004, 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 9002(a) 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 9003; #####
(B)any requirement or standard of a State program approved pursuant to section 9004; #####
(C)the provisions of section 9003(g) (entitled “Interim Prohibition”); or45 45So in law. The word “or” at the end of subparagraph
(C)probably should not appear. Also, there are two subparagraph (D)s' enacted into law. See amendments made by section 1524(c)(2) and 1530(d)(3) of Public Law 109–58 (119 Stat. 1096, 1104). ##### (D)45 the requirements established in section 9003(i), ##### (D)45 the training requirements established by States pursuant to section 9010 (relating to operator training); or #####
(E)the delivery prohibition requirement established by section 9012, 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 9012 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 subtitle or a program approved under section 9004. ####
(2)Any other factor the Administrator considers appropriate. **[**[42 U.S.C. 6991e](/us/usc/t42/s6991e)**]**
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U.S. Code
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- Pub. L. 109-58
- 119 Stat. 1096
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