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.
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.
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 of this title shall also be subject to the same civil penalty for each day of such violation.
Both of the following may be taken into account in determining the terms of a civil penalty under subsection (d):
1 So in original. The word "or" probably should not appear.
2 So in original. Two subpars. (D) have been enacted.
3 So in original. The comma probably should be a semicolon.
42 U.S.C. § 6991e
AMENDMENTS2005-Subsec. (d)(2). Pub. L. 109-58, §1527(b)(2), inserted at end "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 of this title shall also be subject to the same civil penalty for each day of such violation."Subsec. (d)(2)(B). Pub. L. 109-58, §1530(d)(1), which directed amendment of subpar. (B) by striking out "or" at end, could not be executed because "or" did not appear subsequent to amendment by Pub. L. 109-58, §1524(c)(1). See below. Pub. L. 109-58, §1524(c)(1), struck out "or" at end. Subsec. (d)(2)(C). Pub. L. 109-58, §1530(d)(2), inserted "; or" at end.Subsec. (d)(2)(D). Pub. L. 109-58, §1530(d)(3), added subpar. (D) relating to requirements established in section of this title. Pub. L. 109-58, §1524(c)(2), added subpar. (D) relating to training requirements established by States pursuant to section of this title.Subsec. (d)(2)(E). Pub. L. 109-58, §1527(b)(1), added subpar. (E).Subsec. (e). Pub. L. 109-58, §1526(d), added subsec. (e).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2005 AMENDMENT Amendment by section 1530(d) of Pub. L. 109-58 effective 18 months after Aug. 8, 2005, see section 1530(b) of Pub. L. 109-58 set out as a note under sectionof this title.
- The term "Administrator" means the Administrator of General Services.
- The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
- The term "owner" means, with respect to federally assisted housing, the entity or private person, including a cooperative or public housing agency, that has the legal right to lease or sublease dwelling units in such housing.
- The term "person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body and shall include each department, agency, and instrumentality of the United States.