All Agencies, Latest Month All Agencies, Previous FY Geographic Distribution
of Convictions for
All Agencies, FY 2013
Prosecution Report
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53 Prosecutions
in Fiscal Year 2013
Conviction Report
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33 Convictions
in Fiscal Year 2013

CITE

    33 USC Sec. 1319                                            01/05/2009

EXPCITE

    TITLE 33 - NAVIGATION AND NAVIGABLE WATERS
    CHAPTER 26 - WATER POLLUTION PREVENTION AND CONTROL
    SUBCHAPTER III - STANDARDS AND ENFORCEMENT

HEAD

    Sec. 1319. Enforcement

STATUTE

    (a) State enforcement; compliance orders
      (1) Whenever, on the basis of any information available to him,
    the Administrator finds that any person is in violation of any
    condition or limitation which implements section 1311, 1312, 1316,
    1317, 1318, 1328, or 1345 of this title in a permit issued by a
    State under an approved permit program under section 1342 or 1344
    of this title he shall proceed under his authority in paragraph (3)
    of this subsection or he shall notify the person in alleged
    violation and such State of such finding. If beyond the thirtieth
    day after the Administrator's notification the State has not
    commenced appropriate enforcement action, the Administrator shall
    issue an order requiring such person to comply with such condition
    or limitation or shall bring a civil action in accordance with
    subsection (b) of this section.
      (2) Whenever, on the basis of information available to him, the
    Administrator finds that violations of permit conditions or
    limitations as set forth in paragraph (1) of this subsection are so
    widespread that such violations appear to result from a failure of
    the State to enforce such permit conditions or limitations
    effectively, he shall so notify the State. If the Administrator
    finds such failure extends beyond the thirtieth day after such
    notice, he shall give public notice of such finding. During the
    period beginning with such public notice and ending when such State
    satisfies the Administrator that it will enforce such conditions
    and limitations (hereafter referred to in this section as the
    period of "federally assumed enforcement"), except where an
    extension has been granted under paragraph (5)(B) of this
    subsection, the Administrator shall enforce any permit condition or
    limitation with respect to any person -
        (A) by issuing an order to comply with such condition or
      limitation, or
        (B) by bringing a civil action under subsection (b) of this
      section.
      (3) Whenever on the basis of any information available to him the
    Administrator finds that any person is in violation of section
    1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this title, or is in
    violation of any permit condition or limitation implementing any of
    such sections in a permit issued under section 1342 of this title
    by him or by a State or in a permit issued under section 1344 of
    this title by a State, he shall issue an order requiring such
    person to comply with such section or requirement, or he shall
    bring a civil action in accordance with subsection (b) of this
    section.
      (4) A copy of any order issued under this subsection shall be
    sent immediately by the Administrator to the State in which the
    violation occurs and other affected States. In any case in which an
    order under this subsection (or notice to a violator under
    paragraph (1) of this subsection) is issued to a corporation, a
    copy of such order (or notice) shall be served on any appropriate
    corporate officers. An order issued under this subsection relating
    to a violation of section 1318 of this title shall not take effect
    until the person to whom it is issued has had an opportunity to
    confer with the Administrator concerning the alleged violation.
      (5)(A) Any order issued under this subsection shall be by
    personal service, shall state with reasonable specificity the
    nature of the violation, and shall specify a time for compliance
    not to exceed thirty days in the case of a violation of an interim
    compliance schedule or operation and maintenance requirement and
    not to exceed a time the Administrator determines to be reasonable
    in the case of a violation of a final deadline, taking into account
    the seriousness of the violation and any good faith efforts to
    comply with applicable requirements.
      (B) The Administrator may, if he determines (i) that any person
    who is a violator of, or any person who is otherwise not in
    compliance with, the time requirements under this chapter or in any
    permit issued under this chapter, has acted in good faith, and has
    made a commitment (in the form of contracts or other securities) of
    necessary resources to achieve compliance by the earliest possible
    date after July 1, 1977, but not later than April 1, 1979; (ii)
    that any extension under this provision will not result in the
    imposition of any additional controls on any other point or
    nonpoint source; (iii) that an application for a permit under
    section 1342 of this title was filed for such person prior to
    December 31, 1974; and (iv) that the facilities necessary for
    compliance with such requirements are under construction, grant an
    extension of the date referred to in section 1311(b)(1)(A) of this
    title to a date which will achieve compliance at the earliest time
    possible but not later than April 1, 1979.
      (6) Whenever, on the basis of information available to him, the
    Administrator finds (A) that any person is in violation of section
    1311(b)(1)(A) or (C) of this title, (B) that such person cannot
    meet the requirements for a time extension under section 1311(i)(2)
    of this title, and (C) that the most expeditious and appropriate
    means of compliance with this chapter by such person is to
    discharge into a publicly owned treatment works, then, upon request
    of such person, the Administrator may issue an order requiring such
    person to comply with this chapter at the earliest date
    practicable, but not later than July 1, 1983, by discharging into a
    publicly owned treatment works if such works concur with such
    order. Such order shall include a schedule of compliance.
    (b) Civil actions
      The Administrator is authorized to commence a civil action for
    appropriate relief, including a permanent or temporary injunction,
    for any violation for which he is authorized to issue a compliance
    order under subsection (a) of this section. Any action under this
    subsection may be brought in the district court of the United
    States for the district in which the defendant is located or
    resides or is doing business, and such court shall have
    jurisdiction to restrain such violation and to require compliance.
    Notice of the commencement of such action shall be given
    immediately to the appropriate State.
    (c) Criminal penalties
      (1) Negligent violations
        Any person who -
          (A) negligently violates section 1311, 1312, 1316, 1317,
        1318, 1321(b)(3), 1328, or 1345 of this title, or any permit
        condition or limitation implementing any of such sections in a
        permit issued under section 1342 of this title by the
        Administrator or by a State, or any requirement imposed in a
        pretreatment program approved under section 1342(a)(3) or
        1342(b)(8) of this title or in a permit issued under section
        1344 of this title by the Secretary of the Army or by a State;
        or
          (B) negligently introduces into a sewer system or into a
        publicly owned treatment works any pollutant or hazardous
        substance which such person knew or reasonably should have
        known could cause personal injury or property damage or, other
        than in compliance with all applicable Federal, State, or local
        requirements or permits, which causes such treatment works to
        violate any effluent limitation or condition in any permit
        issued to the treatment works under section 1342 of this title
        by the Administrator or a State;
      shall be punished by a fine of not less than $2,500 nor more than
      $25,000 per day of violation, or by imprisonment for not more
      than 1 year, or by both. If a conviction of a person is for a
      violation committed after a first conviction of such person under
      this paragraph, punishment shall be by a fine of not more than
      $50,000 per day of violation, or by imprisonment of not more than
      2 years, or by both.
      (2) Knowing violations
        Any person who -
          (A) knowingly violates section 1311, 1312, 1316, 1317, 1318,
        1321(b)(3), 1328, or 1345 of this title, or any permit
        condition or limitation implementing any of such sections in a
        permit issued under section 1342 of this title by the
        Administrator or by a State, or any requirement imposed in a
        pretreatment program approved under section 1342(a)(3) or
        1342(b)(8) of this title or in a permit issued under section
        1344 of this title by the Secretary of the Army or by a State;
        or
          (B) knowingly introduces into a sewer system or into a
        publicly owned treatment works any pollutant or hazardous
        substance which such person knew or reasonably should have
        known could cause personal injury or property damage or, other
        than in compliance with all applicable Federal, State, or local
        requirements or permits, which causes such treatment works to
        violate any effluent limitation or condition in a permit issued
        to the treatment works under section 1342 of this title by the
        Administrator or a State;
      shall be punished by a fine of not less than $5,000 nor more than
      $50,000 per day of violation, or by imprisonment for not more
      than 3 years, or by both. If a conviction of a person is for a
      violation committed after a first conviction of such person under
      this paragraph, punishment shall be by a fine of not more than
      $100,000 per day of violation, or by imprisonment of not more
      than 6 years, or by both.
      (3) Knowing endangerment
        (A) General rule
          Any person who knowingly violates section 1311, 1312, 1313,
        1316, 1317, 1318, 1321(b)(3), 1328, or 1345 of this title, or
        any permit condition or limitation implementing any of such
        sections in a permit issued under section 1342 of this title by
        the Administrator or by a State, or in a permit issued under
        section 1344 of this title by the Secretary of the Army or by a
        State, and who knows at that time that he thereby places
        another person in imminent danger of death or serious bodily
        injury, shall, upon conviction, be subject to a fine of not
        more than $250,000 or imprisonment of not more than 15 years,
        or both. A person which is an organization shall, upon
        conviction of violating this subparagraph, be subject to a fine
        of not more than $1,000,000. If a conviction of a person is for
        a violation committed after a first conviction of such person
        under this paragraph, the maximum punishment shall be doubled
        with respect to both fine and imprisonment.
        (B) Additional provisions
          For the purpose of subparagraph (A) of this paragraph -
            (i) in determining whether a defendant who is an individual
          knew that his conduct placed another person in imminent
          danger of death or serious bodily injury -
              (I) the person is responsible only for actual awareness
            or actual belief that he possessed; and
              (II) knowledge possessed by a person other than the
            defendant but not by the defendant himself may not be
            attributed to the defendant;
          except that in proving the defendant's possession of actual
          knowledge, circumstantial evidence may be used, including
          evidence that the defendant took affirmative steps to shield
          himself from relevant information;
            (ii) it is an affirmative defense to prosecution that the
          conduct charged was consented to by the person endangered and
          that the danger and conduct charged were reasonably
          foreseeable hazards of -
              (I) an occupation, a business, or a profession; or
              (II) medical treatment or medical or scientific
            experimentation conducted by professionally approved
            methods and such other person had been made aware of the
            risks involved prior to giving consent;
          and such defense may be established under this subparagraph
          by a preponderance of the evidence;
            (iii) the term "organization" means a legal entity, other
          than a government, established or organized for any purpose,
          and such term includes a corporation, company, association,
          firm, partnership, joint stock company, foundation,
          institution, trust, society, union, or any other association
          of persons; and
            (iv) the term "serious bodily injury" means bodily injury
          which involves a substantial risk of death, unconsciousness,
          extreme physical pain, protracted and obvious disfigurement,
          or protracted loss or impairment of the function of a bodily
          member, organ, or mental faculty.
      (4) False statements
        Any person who knowingly makes any false material statement,
      representation, or certification in any application, record,
      report, plan, or other document filed or required to be
      maintained under this chapter or who knowingly falsifies, tampers
      with, or renders inaccurate any monitoring device or method
      required to be maintained under this chapter, shall upon
      conviction, be punished by a fine of not more than $10,000, or by
      imprisonment for not more than 2 years, or by both. If a
      conviction of a person is for a violation committed after a first
      conviction of such person under this paragraph, punishment shall
      be by a fine of not more than $20,000 per day of violation, or by
      imprisonment of not more than 4 years, or by both.
      (5) Treatment of single operational upset
        For purposes of this subsection, a single operational upset
      which leads to simultaneous violations of more than one pollutant
      parameter shall be treated as a single violation.
      (6) Responsible corporate officer as "person"
        For the purpose of this subsection, the term "person" means, in
      addition to the definition contained in section 1362(5) of this
      title, any responsible corporate officer.
      (7) Hazardous substance defined
        For the purpose of this subsection, the term "hazardous
      substance" means (A) any substance designated pursuant to section
      1321(b)(2)(A) of this title, (B) any element, compound, mixture,
      solution, or substance designated pursuant to section 9602 of
      title 42, (C) any hazardous waste having the characteristics
      identified under or listed pursuant to section 3001 of the Solid
      Waste Disposal Act [42 U.S.C. 6921] (but not including any waste
      the regulation of which under the Solid Waste Disposal Act [42
      U.S.C. 6901 et seq.] has been suspended by Act of Congress), (D)
      any toxic pollutant listed under section 1317(a) of this title,
      and (E) any imminently hazardous chemical substance or mixture
      with respect to which the Administrator has taken action pursuant
      to section 2606 of title 15.
    (d) Civil penalties; factors considered in determining amount
      Any person who violates section 1311, 1312, 1316, 1317, 1318,
    1328, or 1345 of this title, or any permit condition or limitation
    implementing any of such sections in a permit issued under section
    1342 of this title by the Administrator, or by a State, or in a
    permit issued under section 1344 of this title by a State,,(!1) or
    any requirement imposed in a pretreatment program approved under
    section 1342(a)(3) or 1342(b)(8) of this title, and any person who
    violates any order issued by the Administrator under subsection (a)
    of this section, shall be subject to a civil penalty not to exceed
    $25,000 per day for each violation. In determining the amount of a
    civil penalty the court shall consider the seriousness of the
    violation or violations, the economic benefit (if any) resulting
    from the violation, any history of such violations, any good-faith
    efforts to comply with the applicable requirements, the economic
    impact of the penalty on the violator, and such other matters as
    justice may require. For purposes of this subsection, a single
    operational upset which leads to simultaneous violations of more
    than one pollutant parameter shall be treated as a single
    violation.
    (e) State liability for judgments and expenses
      Whenever a municipality is a party to a civil action brought by
    the United States under this section, the State in which such
    municipality is located shall be joined as a party. Such State
    shall be liable for payment of any judgment, or any expenses
    incurred as a result of complying with any judgment, entered
    against the municipality in such action to the extent that the laws
    of that State prevent the municipality from raising revenues needed
    to comply with such judgment.
    (f) Wrongful introduction of pollutant into treatment works
      Whenever, on the basis of any information available to him, the
    Administrator finds that an owner or operator of any source is
    introducing a pollutant into a treatment works in violation of
    subsection (d) of section 1317 of this title, the Administrator may
    notify the owner or operator of such treatment works and the State
    of such violation. If the owner or operator of the treatment works
    does not commence appropriate enforcement action within 30 days of
    the date of such notification, the Administrator may commence a
    civil action for appropriate relief, including but not limited to,
    a permanent or temporary injunction, against the owner or operator
    of such treatment works. In any such civil action the Administrator
    shall join the owner or operator of such source as a party to the
    action. Such action shall be brought in the district court of the
    United States in the district in which the treatment works is
    located. Such court shall have jurisdiction to restrain such
    violation and to require the owner or operator of the treatment
    works and the owner or operator of the source to take such action
    as may be necessary to come into compliance with this chapter.
    Notice of commencement of any such action shall be given to the
    State. Nothing in this subsection shall be construed to limit or
    prohibit any other authority the Administrator may have under this
    chapter.
    (g) Administrative penalties
      (1) Violations
        Whenever on the basis of any information available -
          (A) the Administrator finds that any person has violated
        section 1311, 1312, 1316, 1317, 1318, 1328, or 1345 of this
        title, or has violated any permit condition or limitation
        implementing any of such sections in a permit issued under
        section 1342 of this title by the Administrator or by a State,
        or in a permit issued under section 1344 of this title by a
        State, or
          (B) the Secretary of the Army (hereinafter in this subsection
        referred to as the "Secretary") finds that any person has
        violated any permit condition or limitation in a permit issued
        under section 1344 of this title by the Secretary,
      the Administrator or Secretary, as the case may be, may, after
      consultation with the State in which the violation occurs, assess
      a class I civil penalty or a class II civil penalty under this
      subsection.
      (2) Classes of penalties
        (A) Class I
          The amount of a class I civil penalty under paragraph (1) may
        not exceed $10,000 per violation, except that the maximum
        amount of any class I civil penalty under this subparagraph
        shall not exceed $25,000. Before issuing an order assessing a
        civil penalty under this subparagraph, the Administrator or the
        Secretary, as the case may be, shall give to the person to be
        assessed such penalty written notice of the Administrator's or
        Secretary's proposal to issue such order and the opportunity to
        request, within 30 days of the date the notice is received by
        such person, a hearing on the proposed order. Such hearing
        shall not be subject to section 554 or 556 of title 5, but
        shall provide a reasonable opportunity to be heard and to
        present evidence.
        (B) Class II
          The amount of a class II civil penalty under paragraph (1)
        may not exceed $10,000 per day for each day during which the
        violation continues; except that the maximum amount of any
        class II civil penalty under this subparagraph shall not exceed
        $125,000. Except as otherwise provided in this subsection, a
        class II civil penalty shall be assessed and collected in the
        same manner, and subject to the same provisions, as in the case
        of civil penalties assessed and collected after notice and
        opportunity for a hearing on the record in accordance with
        section 554 of title 5. The Administrator and the Secretary may
        issue rules for discovery procedures for hearings under this
        subparagraph.
      (3) Determining amount
        In determining the amount of any penalty assessed under this
      subsection, the Administrator or the Secretary, as the case may
      be, shall take into account the nature, circumstances, extent and
      gravity of the violation, or violations, and, with respect to the
      violator, ability to pay, any prior history of such violations,
      the degree of culpability, economic benefit or savings (if any)
      resulting from the violation, and such other matters as justice
      may require. For purposes of this subsection, a single
      operational upset which leads to simultaneous violations of more
      than one pollutant parameter shall be treated as a single
      violation.
      (4) Rights of interested persons
        (A) Public notice
          Before issuing an order assessing a civil penalty under this
        subsection the Administrator or Secretary, as the case may be,
        shall provide public notice of and reasonable opportunity to
        comment on the proposed issuance of such order.
        (B) Presentation of evidence
          Any person who comments on a proposed assessment of a penalty
        under this subsection shall be given notice of any hearing held
        under this subsection and of the order assessing such penalty.
        In any hearing held under this subsection, such person shall
        have a reasonable opportunity to be heard and to present
        evidence.
        (C) Rights of interested persons to a hearing
          If no hearing is held under paragraph (2) before issuance of
        an order assessing a penalty under this subsection, any person
        who commented on the proposed assessment may petition, within
        30 days after the issuance of such order, the Administrator or
        Secretary, as the case may be, to set aside such order and to
        provide a hearing on the penalty. If the evidence presented by
        the petitioner in support of the petition is material and was
        not considered in the issuance of the order, the Administrator
        or Secretary shall immediately set aside such order and provide
        a hearing in accordance with paragraph (2)(A) in the case of a
        class I civil penalty and paragraph (2)(B) in the case of a
        class II civil penalty. If the Administrator or Secretary
        denies a hearing under this subparagraph, the Administrator or
        Secretary shall provide to the petitioner, and publish in the
        Federal Register, notice of and the reasons for such denial.
      (5) Finality of order
        An order issued under this subsection shall become final 30
      days after its issuance unless a petition for judicial review is
      filed under paragraph (8) or a hearing is requested under
      paragraph (4)(C). If such a hearing is denied, such order shall
      become final 30 days after such denial.
      (6) Effect of order
        (A) Limitation on actions under other sections
          Action taken by the Administrator or the Secretary, as the
        case may be, under this subsection shall not affect or limit
        the Administrator's or Secretary's authority to enforce any
        provision of this chapter; except that any violation -
            (i) with respect to which the Administrator or the
          Secretary has commenced and is diligently prosecuting an
          action under this subsection,
            (ii) with respect to which a State has commenced and is
          diligently prosecuting an action under a State law comparable
          to this subsection, or
            (iii) for which the Administrator, the Secretary, or the
          State has issued a final order not subject to further
          judicial review and the violator has paid a penalty assessed
          under this subsection, or such comparable State law, as the
          case may be,
        shall not be the subject of a civil penalty action under
        subsection (d) of this section or section 1321(b) of this title
        or section 1365 of this title.
        (B) Applicability of limitation with respect to citizen suits
          The limitations contained in subparagraph (A) on civil
        penalty actions under section 1365 of this title shall not
        apply with respect to any violation for which -
            (i) a civil action under section 1365(a)(1) of this title
          has been filed prior to commencement of an action under this
          subsection, or
            (ii) notice of an alleged violation of section 1365(a)(1)
          of this title has been given in accordance with section
          1365(b)(1)(A) of this title prior to commencement of an
          action under this subsection and an action under section
          1365(a)(1) of this title with respect to such alleged
          violation is filed before the 120th day after the date on
          which such notice is given.
      (7) Effect of action on compliance
        No action by the Administrator or the Secretary under this
      subsection shall affect any person's obligation to comply with
      any section of this chapter or with the terms and conditions of
      any permit issued pursuant to section 1342 or 1344 of this title.
      (8) Judicial review
        Any person against whom a civil penalty is assessed under this
      subsection or who commented on the proposed assessment of such
      penalty in accordance with paragraph (4) may obtain review of
      such assessment -
          (A) in the case of assessment of a class I civil penalty, in
        the United States District Court for the District of Columbia
        or in the district in which the violation is alleged to have
        occurred, or
          (B) in the case of assessment of a class II civil penalty, in
        United States Court of Appeals for the District of Columbia
        Circuit or for any other circuit in which such person resides
        or transacts business,
      by filing a notice of appeal in such court within the 30-day
      period beginning on the date the civil penalty order is issued
      and by simultaneously sending a copy of such notice by certified
      mail to the Administrator or the Secretary, as the case may be,
      and the Attorney General. The Administrator or the Secretary
      shall promptly file in such court a certified copy of the record
      on which the order was issued. Such court shall not set aside or
      remand such order unless there is not substantial evidence in the
      record, taken as a whole, to support the finding of a violation
      or unless the Administrator's or Secretary's assessment of the
      penalty constitutes an abuse of discretion and shall not impose
      additional civil penalties for the same violation unless the
      Administrator's or Secretary's assessment of the penalty
      constitutes an abuse of discretion.
      (9) Collection
        If any person fails to pay an assessment of a civil penalty -
          (A) after the order making the assessment has become final,
        or
          (B) after a court in an action brought under paragraph (8)
        has entered a final judgment in favor of the Administrator or
        the Secretary, as the case may be,
      the Administrator or the Secretary shall request the Attorney
      General to bring a civil action in an appropriate district court
      to recover the amount assessed (plus interest at currently
      prevailing rates from the date of the final order or the date of
      the final judgment, as the case may be). In such an action, the
      validity, amount, and appropriateness of such penalty shall not
      be subject to review. Any person who fails to pay on a timely
      basis the amount of an assessment of a civil penalty as described
      in the first sentence of this paragraph shall be required to pay,
      in addition to such amount and interest, attorneys fees and costs
      for collection proceedings and a quarterly nonpayment penalty for
      each quarter during which such failure to pay persists. Such
      nonpayment penalty shall be in an amount equal to 20 percent of
      the aggregate amount of such person's penalties and nonpayment
      penalties which are unpaid as of the beginning of such quarter.
      (10) Subpoenas
        The Administrator or Secretary, as the case may be, may issue
      subpoenas for the attendance and testimony of witnesses and the
      production of relevant papers, books, or documents in connection
      with hearings under this subsection. In case of contumacy or
      refusal to obey a subpoena issued pursuant to this paragraph and
      served upon any person, the district court of the United States
      for any district in which such person is found, resides, or
      transacts business, upon application by the United States and
      after notice to such person, shall have jurisdiction to issue an
      order requiring such person to appear and give testimony before
      the administrative law judge or to appear and produce documents
      before the administrative law judge, or both, and any failure to
      obey such order of the court may be punished by such court as a
      contempt thereof.
      (11) Protection of existing procedures
        Nothing in this subsection shall change the procedures existing
      on the day before February 4, 1987, under other subsections of
      this section for issuance and enforcement of orders by the
      Administrator.

SOURCE

    (June 30, 1948, ch. 758, title III, Sec. 309, as added Pub. L. 92-
    500, Sec. 2, Oct. 18, 1972, 86 Stat. 859; amended Pub. L. 95-217,
    Secs. 54(b), 55, 56, 67(c)(2), Dec. 27, 1977, 91 Stat. 1591, 1592,
    1606; Pub. L. 100-4, title III, Secs. 312, 313(a)(1), (b)(1), (c),
    314(a), Feb. 4, 1987, 101 Stat. 42, 45, 46; Pub. L. 101-380, title
    IV, Sec. 4301(c), Aug. 18, 1990, 104 Stat. 537.)

REFERENCES IN TEXT

      The Solid Waste Disposal Act, referred to in subsec. (c)(7), is
    title II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended
    generally by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795,
    which is classified generally to chapter 82 (Sec. 6901 et seq.) of
    Title 42, The Public Health and Welfare. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 6901 of Title 42 and Tables.

AMENDMENTS

      1990 - Subsec. (c)(1)(A), (2)(A), (3)(A). Pub. L. 101-380
    inserted "1321(b)(3)," after "1318,".
      1987 - Subsec. (c). Pub. L. 100-4, Sec. 312, amended subsec. (c)
    generally, revising provisions of par. (1), adding pars. (2), (3),
    (5), and (7), redesignating former pars. (2) and (4) as (3) and
    (6), respectively, and revising provisions of redesignated par.
    (4).
      Subsec. (d). Pub. L. 100-4, Sec. 313(a)(1), inserted ", or any
    requirement imposed in a pretreatment program approved under
    section 1342(a)(3) or 1342(b)(8) of this title," after second
    reference to "State,".
      Pub. L. 100-4, Sec. 313(b)(1), substituted "$25,000 per day for
    each violation" for "$10,000 per day of such violation".
      Pub. L. 100-4, Sec. 313(c), inserted at end "In determining the
    amount of a civil penalty the court shall consider the seriousness
    of the violation or violations, the economic benefit (if any)
    resulting from the violation, any history of such violations, any
    good-faith efforts to comply with the applicable requirements, the
    economic impact of the penalty on the violator, and such other
    matters as justice may require. For purposes of this subsection, a
    single operational upset which leads to simultaneous violations of
    more than one pollutant parameter shall be treated as a single
    violation."
      Subsec. (g). Pub. L. 100-4, Sec. 314(a), added subsec. (g).
      1977 - Subsec. (a)(1). Pub. L. 95-217, Secs. 55(a), 67(c)(2)(A),
    substituted "1318, 1328, or 1345 of this title" for "or 1318 of
    this title" and "1342 or 1344 of this title" for "1342 of this
    title".
      Subsec. (a)(2). Pub. L. 95-217, Sec. 56(a), substituted "except
    where an extension has been granted under paragraph (5)(B) of this
    subsection, the Administrator shall enforce any permit condition or
    limitation" for "the Administrator shall enforce any permit
    condition or limitation".
      Subsec. (a)(3). Pub. L. 95-217, Secs. 55(b), 67(c)(2)(B),
    substituted "1318, 1328, or 1345 of this title" for "or 1318 of
    this title" and inserted "or in a permit issued under section 1344
    of this title by a State" after "in a permit issued under section
    1342 of this title by him or by a State".
      Subsec. (a)(4). Pub. L. 95-217, Sec. 56(b), struck out provision
    that any order issued under this subsection had to be by personal
    service and had to state with reasonable specificity the nature of
    the violation and a time for compliance, not to exceed thirty days,
    which the Administrator determined to be reasonable, taking into
    account the seriousness of the violation and any good faith efforts
    to comply with applicable requirements. See section subsec. (a)(5)
    of this section.
      Subsec. (a)(5), (6). Pub. L. 95-217, Sec. 56(c), added pars. (5)
    and (6).
      Subsec. (c)(1). Pub. L. 95-217, Sec. 67(c)(2)(C), substituted "by
    a State or in a permit issued under section 1344 of this title by a
    State, shall be punished" for "by a State, shall be punished".
      Subsec. (d). Pub. L. 95-217, Secs. 55(c), 67(c)(2)(D),
    substituted "1318, 1328, or 1345 of this title" for "or 1318 of
    this title" and inserted "or in a permit issued under section 1344
    of this title by a State," after "permit issued under section 1342
    of this title by the Administrator, or by a State,".
      Subsec. (f). Pub. L. 95-217, Sec. 54(b), added subsec. (f).
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Amendment by Pub. L. 101-380 applicable to incidents occurring
    after Aug. 18, 1990, see section 1020 of Pub. L. 101-380, set out
    as an Effective Date note under section 2701 of this title.
                             SAVINGS PROVISION
      Section 313(a)(2) of Pub. L. 100-4 provided that: "No State shall
    be required before July 1, 1988, to modify a permit program
    approved or submitted under section 402 of the Federal Water
    Pollution Control Act [33 U.S.C. 1342] as a result of the amendment
    made by paragraph (1) [amending this section]."
     DEPOSIT OF CERTAIN PENALTIES INTO OIL SPILL LIABILITY TRUST FUND
      Penalties paid pursuant to subsection (c) of this section and
    sections 1321 and 1501 et seq. of this title to be deposited in the
    Oil Spill Liability Trust Fund created under section 9509 of Title
    26, Internal Revenue Code, see section 4304 of Pub. L. 101-380, set
    out as a note under section 9509 of Title 26.
           INCREASED PENALTIES NOT REQUIRED UNDER STATE PROGRAMS
      Section 313(b)(2) of Pub. L. 100-4 provided that: "The Federal
    Water Pollution Control Act [33 U.S.C. 1251 et seq.] shall not be
    construed as requiring a State to have a civil penalty for
    violations described in section 309(d) of such Act [33 U.S.C.
    1319(d)] which has the same monetary amount as the civil penalty
    established by such section, as amended by paragraph (1) [amending
    this section]. Nothing in this paragraph shall affect the
    Administrator's authority to establish or adjust by regulation a
    minimum acceptable State civil penalty.
        ACTIONS BY SURGEON GENERAL RELATING TO INTERSTATE POLLUTION
      Act July 9, 1956, ch. 518, Sec. 5, 70 Stat. 507, provided that
    actions by the Surgeon General with respect to water pollutants
    under section 2(d) of act June 30, 1948, ch. 758, 62 Stat. 1155, as
    in effect prior to July 9, 1956, which had been completed prior to
    such date, would still be subject to the terms of section 2(d) of
    act June 30, 1948, in effect prior to the July 9, 1956 amendment,
    but that actions with respect to such pollutants would nevertheless
    subsequently be possible in accordance with the terms of act June
    30, 1948, as amended by act July 9, 1956.

FOOTNOTE

    (!1) So in original.
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