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...
minimum, an estimate of the danger posed by the
discharge to the environment, whether the discharge is
continuing, and the measures taken or being taken (i)
to remediate the problem caused by the discharge and
any damage to the environment, and (ii) to avoid a
repetition of the discharge.
``(3) Signature.--All reports filed under paragraph (1)
must be signed and dated by the highest ranking official having
day-to-day managerial and operational responsibility for the
facility at which the discharge occurs or, in the absence of
such person, by another responsible high ranking official at
such facility. Such highest ranking official shall be
responsible for the accuracy of all information contained in
such reports; except that such highest ranking official may
file with the Administrator amendments to any such report if
the report was signed in the absence of the highest ranking
official by another high ranking official and if such
amendments are filed within 7 days of the return of the highest
ranking official.''.
(i) Limitation on Issuance of Permits to Significant
Noncompliers.--Section 402 of such Act is further amended by adding at
the end the following:
``(s) Significant Noncompliers.--No permit may be issued under this
section to any person (other than a publicly owned treatment works)
identified under section 309(j)(3) of this Act or to any other person
owned or controlled by the identified person, owning or controlling the
identified person, or under common control with the identified person,
until the Administrator or the State or States in which the violation
or violations occur determines that the condition or conditions giving
rise to such violation or violations have been corrected. No permit
application submitted after the date of the enactment of this
subsection may be approved unless the application includes a list of
all violations of this Act by a person identified under section 309(j)
of this Act during the 3-year period preceding the date of submission
of the application and evidence indicating whether the underlying cause
of each such violation has been corrected.''.
(j) Applicability.--The amendments made by this section and section
8 shall apply to permits issued before, on, or after the date of the
enactment of this Act; except that--
(1) with respect to permits issued before such date of
enactment to a major industrial or municipal discharger, such
amendments shall take effect on the last day of the 1-year
period beginning on such date of enactment; and
(2) with respect to all other permits issued before such
date of enactment, such amendments shall take effect on the
last day of the 18-month period beginning on such date of
enactment.
SEC. 7. EXPIRED STATE PERMITS.
Section 402(d) of the Federal Water Pollution Control Act (33
U.S.C. 1342(d)) is amended by adding at the end the following:
``(5) Expired state permits.--
``(A) Authority of administrator.--In any case in
which--
``(i) a permit issued by a State for a
discharge has expired,
``(ii) the permittee has submitted an
application to the State for a new permit for
the discharge, and
``(iii) the State has not acted on the
application before the last day of the 12-month
period beginning on the date the permit
expired,
the Administrator may issue a permit for the discharge
under subsection (a).
``(B) Treatment if no new permit.--If a permit
issued by a State for a discharge of one or more
pollutants expires and the State or the Administrator
has not issued a new permit for the discharge by the
last day of the 12-month period beginning on the date
the permit expired, the permittee shall be in violation
of this Act if the permittee continues to discharge
such pollutants.
``(C) Applicability of new regulations.--If a State
or the Administrator allows a discharge to continue
after the date of expiration of a permit issued by the
State or Administrator and before issuance of a new
permit for the discharge, regulations issued after such
expiration date shall apply to the discharge under the
expired permit.''.
SEC. 8. POLLUTION PREVENTION PLANS.
Section 402 of the Federal Water Pollution Control Act (42 U.S.C.
1342) is further amended by adding at the end the following:
``(k) Pollution Prevention Plans.--
``(1) In general.--Each applicant for a permit for a
discharge of one or more pollutants shall submit to the
Administrator, with the application for the permit, a pollution
prevention plan that details the applicant's plans for reducing
the discharge of such pollutants at a measurable rate.
``(2) Form and content.--The plan shall be in such form and
contain such information as the Administrator may require by
regulation.
``(3) Deadline for issuance of regulations.--The
Administrator shall issue regulations to carry out this
subsection not later than the last day of the 18-month period
beginning on the date of enactment of this subsection.''.
SEC. 9. COMPLIANCE SCHEDULE.
Section 302(b)(2)(B) of the Federal Water Pollution Control Act (33
U.S.C. 1312(b)(2)(B)) is amended by adding at the end the following:
``The Administrator may only issue a permit pursuant to this
subparagraph for a period exceeding 2 years if the Administrator makes
the findings described in clauses (i) and (ii) of this subparagraph on
the basis of a public hearing.''.
SEC. 10. EMERGENCY POWERS.
Section 504 of the Federal Water Pollution Control Act (33 U.S.C.
1364) is amended to read as follows:
``SEC. 504. COMMUNITY PROTECTION.
``(a) Issuance of Orders; Court Action.--Notwithstanding any other
provision of this Act, whenever the Administrator finds that, because
of an actual or threatened direct or indirect discharge of a pollutant,
there may be an imminent and substantial endangerment to the public
health or welfare (including the livelihood of persons) or the
environment (including wildlife), the Administrator may issue such
orders or take such action as may be necessary to protect public health
or welfare or the environment and commence a suit (or cause it to be
commenced) in the United States district court for the district where
the discharge or threat occurs. Such court may grant such relief to
abate the threat and to protect against the endangerment as the public
interest and the equities require, enforce, and adjudge penalties for
disobedience to orders of the Administrator issued under this section,
and grant other relief according to the public interest and the
equities of the case.
``(b) Enforcement of Orders.--Any person who, without sufficient
cause, violates or fails to comply with an order of the Administrator
issued under this section, shall be liable for civil penalties to the
United States in an amount not to exceed $25,000 per day for each day
on which such violation or failure occurs or continues.''.
SEC. 11. CITIZEN SUITS.
(a) Suits for Past Violations.--Section 505 of the Federal Water
Pollution Control Act (33 U.S.C. 1365) is amended--
(1) in subsection (a)(1) by inserting ``to have violated
(if there is evidence that the alleged violations has been
repeated) or'' after ``who is alleged''; and
(2) in subsection (f)(6) by inserting ``has been or'' after
``which''.
(b) Time Limit.--Section 505(b)(1)(A) of such Act is amended by
striking ``sixty days'' and inserting ``30 days''.
(c) Effect of Judgments on Citizen Suits.--Section 505(b) of such
Act is further amended--
(1) in paragraph (1)(B) by striking ``right.'' and
inserting ``right and may obtain costs of litigation under
subsection (d), or''; and
(2) by adding at the end the following: ``The notice under
paragraph (1)(A) need set forth only violations which have been
specifically identified in the discharge monitoring reports of
the alleged violator. An action under subsection (a)(1) may be
brought at any time. No judicial action by the Administrator or
a State shall bar an action for the same violation under
subsection (a)(1) unless the action is by the Administrator and
meets the requirements of this paragraph. No administrative
action by the Administrator shall bar a pending action
commenced after February 4, 1987, for the same violation under
subsection (a)(1) unless the action by the Administrator meets
the requirements of section 309(g)(6) of this Act.''.
(d) Consent Judgments.--Section 505(c)(3) of such Act is amended by
adding at the end the following: ``Consent judgments entered under this
section may provide that the civil penalties included in the consent
judgment be used for carrying out mitigation projects in accordance
with section 309(d).''.
(e) Litigation Costs.--Section 505(d) of such Act is amended by
striking ``(d)'' and the first sentence and inserting the following:
``(d) ``Costs of Litigation; Bond.--The court, in issuing any final
order in any action brought pursuant to this section, may award costs
of litigation (including reasonable attorney and expert witness fees)
and up to 5 percent of any civil penalties obtained by settlement or
court order to any prevailing or substantially prevailing party that
initiated the litigation.''.
(f) Pretreatment Requirements.--Section 505(f)(4) of such Act is
amended by striking ``or pretreatment standards'' and inserting ``or
pretreatment standard or requirement described in section 307(d)''.
(g) Effluent Standard Definition.--Section 505(f)(6) of such Act is
amended by inserting ``narrative or mathematical'' before
``condition''.
(h) Citizen Defined.--Section 505(g) of such Act is amended to read
as follows:
``(g) Citizen Defined.--For purposes of this section, the term
`citizen' means a person or persons having an interest (including a
recreational, aesthetic, environmental, health, or economic interest)
which is, has been, or may be adversely affected and includes a person
who uses or enjoys the waters into which the discharge flows (either
directly or through a publicly owned treatment works), who uses or
enjoys aquatic resources or nearby lands associated with the waters, or
who would use or enjoy the waters, aquatic resources, or nearby lands
if they were less polluted.''.
(i) Offers of Judgment.--Section 505 of such Act is further amended
by adding at the end the following:
``(i) Applicability of Offers of Judgment.--Offers of judgment
pursuant to Rule 68 of the Federal Rules of Civil Procedure shall not
be applicable to actions brought under subsection (a)(1) of this
section.''.
SEC. 12. EMPLOYEE PROTECTION.
Section 507 of the Federal Water Pollution Control Act (33 U.S.C.
1367) is amended--
(1) in subsection (e) by inserting ``Continuing
Evaluations'' after ``(e)'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by striking subsections (a), (b), (c), and (d) and
inserting the following:
``(a) In General.--No employer or other person may harass,
prosecute, hold liable, or discriminate against any employee or other
person because the person--
``(1) is assisting or demonstrating an intent to assist in
achieving compliance with any provision of this Act (including
a rule or regulation issued to carry out this Act);
``(2) is refusing to violate or assist in the violation of
any provision of this Act (including a rule or regulation
issued to carry out this Act);
``(3) has commenced, caused to be commenced, or is about to
commence a proceeding, has testified or is about to testify at
a proceeding, or has assisted or participated or is about to
assist or participate in any manner in such a proceeding or in
any other action to carry out the purposes of this Act.
``(b) Filing Complaints and Procedures.--
``(1) Filing deadline.--An employee alleging a violation of
subsection (a), or another person at the employee's request,
may file a complaint with the Secretary of Labor not later than
365 days after the alleged violation occurred.
``(2) Procedures.--
``(A) Investigation; preliminary orders.--Not later
than 60 days after receiving a complaint, the Secretary
shall conduct an investigation, decide whether it is
reasonable to believe the complaint has merit, and
notify the complainant and the person alleged to have
committed the violation of the findings. If the
Secretary decides it is reasonable to believe a
violation occurred, the Secretary shall include with
the decision findings and a preliminary order for the
relief provided under paragraph (3).
``(B) Objections to preliminary order.--Not later
than 30 days after the notice under subparagraph (A) of
this paragraph, the complainant and the person alleged
to have committed the violation may file objections to
the findings or preliminary order, or both, and request
a hearing on the record. The filing of objections does
not stay a reinstatement ordered in the preliminary
order. If a hearing is not requested within the 30
days, the preliminary order is final and not subject to
judicial review.
``(C) Hearing; final order; settlement agreement.--
A hearing shall be conducted expeditiously. Not later
than 120 days after the end of the hearing, the
Secretary shall issue a final order. Before the final
order is issued, the proceeding may be ended by a
settlement agreement made by the Secretary, the
complainant, and the person alleged to have committed
the violation.
``(3) Order.--
``(A) Penalties.--If the Secretary decides, on the
basis of a complaint, a person violated subsection (a),
the Secretary shall order the person to--
``(i) take affirmative action to abate the
violation;
``(ii) reinstate the complainant to the
former position with the same pay and terms and
privileges of employment; and
``(iii) pay compensatory damages, including
back pay.
``(B) Costs.--If the Secretary issues an order
under subparagraph (A) and the complainant requests,
the Secretary may assess against the person against
whom the order is issued the costs (including
attorney's fees) reasonably incurred by the complainant
in bringing the complaint. The Secretary shall
determine the costs that reasonably were incurred.
``(4) Judicial review and venue.--A person adversely
affected by an order issued after a hearing under this
subsection may file a petition for review, not later than 60
days after the order is issued, in the court of appeals of the
United States for the circuit in which the violation occurred
or the person resided on the date of the violation. The review
shall be heard and decided expeditiously. An order of the
Secretary subject to review under this paragraph is not subject
to judicial review in a criminal or other civil proceeding.
``(5) Civil actions to enforce.--If a person fails to
comply with an order issued under this subsection, the
Secretary shall bring a civil action to enforce the order in
the district court of the United States for the judicial
district in which the violation occurred.
``(c) Burdens of Proof.--The legal burdens of proof with respect to
a violation of subsection (a) shall be governed by the applicable
provisions of sections 1214 and 1221 of title 5, United States Code.
``(d) Subpoena Authority.--With respect to an alleged violation of
subsection (a), the Secretary of Labor may issue a subpoena for the
attendance and testimony of any person and the production of
documentary or other evidence from any person if the testimony or
production requested is not unduly burdensome and appears reasonably
calculated to lead to the discovery of admissible evidence.
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