SOURCE
(June 30, 1948, ch. 758, title III, Sec. 309, as added Oct. 18,
1972, Pub. L. 92-500, Sec. 2, 86 Stat. 859; amended Dec. 27, 1977,
Pub. L. 95-217, Sec. 54(b), 55, 56, 67(c)(2), 91 Stat. 1591, 1592,
1606; Feb. 4, 1987, Pub. L. 100-4, title III, Sec. 312, 313(a)(1),
(b)(1), (c), 314(a), 101 Stat. 42, 45, 46; Aug. 18, 1990, Pub. L. 101-380, title IV, Sec. 4301(c), 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, Sec. 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, Sec. 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, Sec. 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.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1256, 1321, 1342, 1344,
1365, 1368, 1377 of this title; title 26 section 9509; title 42
sections 7412, 9606, 9607.