Home > 106th Congressional Bills > H.R. 5607 (ih) To prohibit an insurer from treating a veteran differently in the terms or conditions of motor vehicle insurance because a motor vehicle operated by the veteran, during a period of military service by the veteran, was insured or owned by th...H.R. 5607 (ih) To prohibit an insurer from treating a veteran differently in the terms or conditions of motor vehicle insurance because a motor vehicle operated by the veteran, during a period of military service by the veteran, was insured or owned by th...
(A) by striking ``or savings''; or
(B) by inserting ``the amount of any penalty
previously imposed on the violator by a court or
administrative agency for the same violation or
violations,'' after ``resulting from the violation,''.
(e) Limitation on Defenses.--Section 309(g)(1) of such Act is
amended by adding at the end the following: ``In a proceeding to assess
or review a penalty under this subsection, the adequacy of consultation
between the Administrator or the Secretary, as the case may be, and the
State shall not be a defense to assessment or enforcement of such
penalty.''.
(f) Amounts of Administrative Civil Penalties.--
(1) General rule.--Section 309(g)(2) of such Act is amended
to read as follows:
``(2) Amount of penalties; notice; hearing.--
``(A) Maximum amount of penalties.--The amount of a
civil penalty under paragraph (1) may not exceed
$25,000 per violation per day for each day during which
the violation continues.
``(B) Written notice.--Before issuing an order
assessing a civil penalty under this subsection, the
Administrator or the Secretary, as the case may be,
shall give to the person to be assessed the penalty
written notice of the Administrator's or Secretary's
proposal to issue the 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.
``(C) Hearings not on the record.--If the proposed
penalty does not exceed $25,000, the hearing shall not
be subject to section 554 or 556 of title 5, United
States Code, but shall provide a reasonable opportunity
to be heard and to present evidence.
``(D) Hearings on the record.--If the proposed
penalty exceeds $25,000, the hearing shall be on the
record in accordance with section 554 of title 5,
United States Code. The Administrator and the Secretary
may issue rules for discovery procedures for hearings
under this subparagraph.''.
(2) Conforming amendments.--Section 309(g) of such Act is
amended--
(A) in paragraph (1) by striking ``class I civil
penalty or a class II'';
(B) in the second sentence of paragraph (4)(C) by
striking ``(2)(A) in the case of a class I civil
penalty and paragraph (2)(B) in the case of a class II
civil penalty'' and inserting ``(2)''; and
(C) in the first sentence of paragraph (8) by
striking ``assessment--'' and all that follows through
``by filing'' and inserting ``assessment in the United
States District Court for the District of Columbia or
in the district in which the violation is alleged to
have occurred by filing''.
(g) State Enforcement Actions as Bar to Federal Enforcement
Actions.--Section 309(g)(6)(A) of such Act is amended--
(1) by inserting ``or'' after the comma at the end of
clause (i);
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii) and in
such clause--
(A) by striking ``, the Secretary, or the State''
and inserting ``or the Secretary''; and
(B) by striking ``or such comparable State law, as
the case may be,''.
(h) Recovery of Economic Benefit.--Section 309 of such Act is
amended by adding at the end the following:
``(h) Recovery of Economic Benefit.--
``(1) General rule.--Notwithstanding any other provision of
this section, any civil penalty assessed and collected under
this section must be in an amount which is not less than the
amount of any economic benefit resulting from the violation for
which the penalty is assessed.
``(2) Regulations.--Not later than 18 months after the date
of the enactment of this subsection, the Administrator shall
issue regulations establishing a methodology for calculating
the economic benefits or savings resulting from violations of
this Act. Pending issuance of such regulations, this subsection
shall be in effect and economic benefits shall be calculated
for purposes of paragraph (1) on a case-by-case basis.''.
(i) Limitation on Compromises.--Section 309 of such Act is further
amended by adding at the end the following:
``(i) Limitation on Compromises of Civil Penalties.--
Notwithstanding any other provision of this section, the amount of a
civil penalty assessed under this section may not be compromised below
the amount determined by adding--
``(1) the minimum amount required for recovery of economic
benefit under subsection (h), to
``(2) 50 percent of the difference between the amount of
the civil penalty assessed and such minimum amount.''.
(j) Minimum Amount for Serious Violations.--Section 309 of such Act
is further amended by adding at the end the following:
``(j) Minimum Civil Penalties for Serious Violations and
Significant Noncompliers.--
``(1) Serious violations.--Notwithstanding any other
provision of this section (other than paragraph (2)), the
minimum civil penalty which shall be assessed and collected
under this section from a person--
``(A) for a discharge from a point source of a
hazardous pollutant which exceeds or otherwise violates
any applicable effluent limitation established by or
under this Act by 20 percent or more, or
``(B) for a discharge from a point source of a
pollutant (other than a hazardous pollutant) which
exceeds or otherwise violates any applicable effluent
limitation established by or under this Act by 40
percent or more,
shall be $1,000 for the first such violation in a 180-day
period.
``(2) Significant noncompliers.--Notwithstanding any other
provision of this section, the minimum civil penalty which
shall be assessed and collected under this section from a
person--
``(A) for the second or more discharge in a 180-day
period from a point source of a hazardous pollutant
which exceeds or otherwise violates any applicable
effluent limitation established by or under this Act by
20 percent or more,
``(B) for the second or more discharge in a 180-day
period from a point source of a pollutant (other than a
hazardous pollutant) which exceeds or otherwise
violates any applicable effluent limitation established
by or under this Act by 40 percent or more,
``(C) for the fourth or more discharge in a 180-day
period from a point source of any pollutant which
exceeds or otherwise violates the same effluent
limitation, or
``(D) for not filing in a 180-day period 2 or more
reports in accordance with section 402(r)(1),
shall be $5,000 for each of such violations.
``(3) Mandatory inspections for significant noncompliers.--
The Administrator shall identify any person described in
paragraph (2) as a significant noncomplier and shall conduct an
inspection described in section 402(q) of this Act of the
facility at which the violations were committed. Such
inspections shall be conducted at least once in the 180-day
period following the date of the most recent violation which
resulted in such person being identified as a significant
noncomplier.
``(4) Annual reporting.--The Administrator shall transmit
to Congress and to the Governors of the States and shall
publish in the Federal Register, on an annual basis, a list of
all persons identified as significant noncompliers under
paragraph (3) in the preceding calendar year and the violations
which resulted in such classifications. The Administrator shall
make the list available to the public upon request.
``(5) Hazardous pollutant defined.--For purposes of this
subsection, the term `hazardous pollutant' has the meaning the
term `hazardous substance' has under subsection (c)(6) of this
section.''.
(k) State Program.--Section 402(b)(7) of such Act (33 U.S.C.
1342(b)(7)) is amended to read as follows:
``(7) To abate violations of the permit or the permit
program which shall include, beginning on the last day of the
2-year period beginning on the date of the enactment of the
Clean Water Compliance and Enforcement Improvement Act of 2000,
a penalty program comparable to the Federal penalty program
under section 309 of this Act and which shall include at a
minimum criminal, civil, and civil administrative penalties,
and may include other ways and means of enforcement, which the
State demonstrates to the satisfaction of the Administrator are
equally effective as the Federal penalty program;''.
(l) Federal Procurement Compliance Incentive.--Section 508(a) of
such Act (33 U.S.C. 1368(a)) is amended by inserting after the second
comma ``or who is identified under section 309(j)(3) of this Act,''.
SEC. 6. NATIONAL POLLUTANT DISCHARGE ELIMINATION PERMITS.
(a) Withdrawal of State Program Approval.--Section 402(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1342(b)) is amended by
striking ``unless he determines that adequate authority does not
exist:'' and inserting the following: ``only when he determines that
adequate authority exists and shall withdraw program approval whenever
he determines that adequate authority no longer exists:''.
(b) Judicial Review of Rulings on Applications for State Permits.--
Section 402(b)(3) of such Act is amended by inserting ``and to ensure
that any interested person who participated in the public comment
process and any other person who could obtain judicial review of that
action under any other applicable law has the right to judicial review
of such ruling'' before the semicolon at the end.
(c) Inspections for Major Industrial and Municipal Dischargers.--
Section 402(b) of such Act is amended--
(1) by striking ``and'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) To ensure that any permit for a discharge from a
major industrial or municipal facility, as defined by the
Administrator by regulation, includes conditions under which
such facility will be subject to at least annual inspections by
the State in accordance with subsection (q) of this section;''.
(d) Monthly Reports for Significant Industrial Users of POTWs.--
Section 402(b) of such Act is further amended by adding at the end the
following:
``(11) To ensure that any permit for a discharge from a
publicly owned treatment works in the State includes conditions
under which the treatment works will require any significant
industrial user of the treatment works, as defined by the
Administrator by regulation, to prepare and submit to the
Administrator, the State, and the treatment works a monthly
discharge monitoring report as a condition to using the
treatment works;''.
(e) Permits Required for Introduction of Pollutants Into POTWs.--
Section 402(b) of such Act is further amended by adding at the end the
following:
``(12) To ensure that, after the last day of the 2-year
period beginning on the date of the enactment of this
paragraph, any significant industrial user, or other source
designated by the Administrator, introducing a pollutant into a
publicly owned treatment works has, and operates in accordance
with, a permit issued by the treatment works or the State for
introduction of such pollutant; and''.
(f) Granting of Authority to POTWs for Inspections and Penalties.--
Section 402(b) of such Act is further amended by adding at the end the
following:
``(13) To ensure that the State will grant to publicly
owned treatment works in the State, not later than 3 years
after the date of the enactment of this paragraph, authority,
power, and responsibility to conduct inspections under
subsection (q) of this section and to assess and collect civil
penalties and civil administrative penalties under paragraph
(7) of this subsection.''.
(g) Inspection.--Section 402 of such Act is amended by adding at
the end the following:
``(q) Inspection.--
``(1) General rule.--Each permit for a discharge into the
navigable waters or introduction of pollutants into a publicly
owned treatment works issued under this section shall include
conditions under which the effluent being discharged will be
subject to random unannounced inspections in accordance with
this subsection by the Administrator or the State, in the case
of a State permit program under this section.
``(2) Minimum standards.--Not later than 6 months after the
date of enactment of this subsection, the Administrator shall
establish minimum standards for inspections under this
subsection. Such standards shall require, at a minimum, the
following:
``(A) An annual representative sampling by the
Administrator or the State, in the case of a State
permit program under this section, of the effluent
being discharged; except that if the discharge is not
from a major industrial or municipal facility such
sampling shall be conducted at least once every 3
years.
``(B) An analysis of all samples collected under
subparagraph (A) by a Federal or State owned and
operated laboratory or a State approved laboratory,
other than one that is being used by the permittee or
that is directly or indirectly owned, operated, or
managed by the permittee.
``(C) An evaluation of the maintenance record of
any treatment equipment of the permittee.
``(D) An evaluation of the sampling techniques used
by the permittee.
``(E) A random check of discharge monitoring
reports of the permittee for each 12-month period for
the purpose of determining whether or not such reports
are consistent with the applicable analyses conducted
under subparagraph (B).
``(F) An inspection of the sample storage
facilities and techniques of the permittee.''.
(h) Reporting.--Section 402 of such Act is further amended by
adding at the end the following:
``(r) Reporting.--
``(1) General rule.--Each person holding a permit issued
under this section which is determined by the Administrator to
be a major industrial or municipal discharger of pollutants
into the navigable waters shall prepare and submit to the
Administrator a monthly discharge monitoring report. Any other
person holding a permit issued under this section shall prepare
and submit to the Administrator quarterly discharge monitoring
reports or more frequent discharge monitoring reports if the
Administrator requires. Such reports shall contain, at a
minimum, such information as the Administrator shall require by
regulation.
``(2) Reporting of hazardous discharges.--
``(A) General rule.--If a discharge from a point
source for which a permit is issued under this section
exceeds an effluent limitation contained in such permit
which is based on an acute water quality standard or
any other discharge which may cause an exceedance of an
acute water quality standard or otherwise is likely to
cause injury to persons or damage to the environment or
to pose a threat to human health and the environment,
the person holding such permit shall notify the
Administrator and the affected States and
municipalities, in writing, of such discharge not later
than 2 hours after the later of the time at which such
discharge commenced or the time at which the permittee
knew or had reason to know of such discharge.
``(B) Special rule for hazardous pollutants.--If a
discharge described in subparagraph (A) is of a
hazardous pollutant (as defined in section 309(j) of
this Act), the person holding such permit shall provide
the Administrator with such additional information on
the discharge as may be required by the Administrator.
Such additional information shall be provided to the
Administrator within 24 hours after the later of the
time at which such discharge commenced or the time at
which the permittee became aware of such discharge.
Such additional information shall include, at a
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