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...
``(e) Posting Requirement.--The provisions of this section shall be
prominently posted in any place of employment to which this section
applies.''.
SEC. 13. ISSUANCE OF SUBPOENAS.
Section 509(a)(1) of the Federal Water Pollution Control Act (33
U.S.C. 1369(a)(1)) is amended by striking ``obtaining information under
section 305 of this Act, or carrying out section 507(e) of this Act,''
and inserting ``carrying out this Act,''.
SEC. 14. JUDICIAL REVIEW OF EPA ACTIONS.
Section 509(b)(1) of the Federal Water Pollution Control Act (33
U.S.C. 1369(b)(1)) is amended--
(1) by inserting after the comma at the end of clause (D)
``including a decision to deny a petition by interested person
to veto an individual permit issued by a State,'';
(2) by inserting after the comma at the end of clause (E)
``including a decision not to include any pollutant in such
effluent limitation or other limitation if the Administrator
has or is made aware of information indicating that such
pollutant is present in any discharge subject to such
limitation,''; and
(3) by striking ``and (G)'' and inserting the following:
``(G) in issuing or approving any water quality standard under
section 303(c) or 303(d), (H) in issuing any water quality
criterion under section 304(a), including a decision not to
address any effect of the pollutant subject to such criterion
if the Administrator has or is made aware of information
indicating that such effect may occur, and (J)''.
SEC. 15. NATIONAL CLEAN WATER TRUST FUND.
(a) In General.--Title V of the Federal Water Pollution Control Act
(33 U.S.C. 1361-1377) is amended by redesignating section 519 as
section 520 and by inserting after section 518 the following new
section:
``SEC. 519. NATIONAL CLEAN WATER TRUST FUND.
``(a) Creation of Trust Fund.--There is established in the Treasury
of the United States a trust fund to be known as the `Clean Water Trust
Fund'.
``(b) Transfers to Trust Fund.--There are hereby appropriated to
the Clean Water Trust Fund amounts equivalent to the penalties
collected under section 309 of this Act and the penalties collected
under section 505(a) of this Act (excluding any amounts ordered to be
used to carry out mitigation projects under section 309 or 505(a), as
the case may be).
``(c) Administration of Trust Fund.--The Administrator shall
administer the Clean Water Trust Fund. The Administrator may use moneys
in the Fund to carry out inspections and enforcement activities
pursuant to this Act. In addition, the Administrator may make such
amounts of money in the Fund as the Administrator determines
appropriate available to carry out title VI of this Act.''.
(b) Conforming Amendment to State Revolving Fund Program.--Section
607 of such Act (33 U.S.C. 1387) is amended--
(1) by inserting ``(a) In General.--'' before ``There is'';
and
(2) by adding at the end the following:
``(b) Treatment of Transfers From Clean Water Trust Fund.--For
purposes of this title, amounts made available from the Clean Water
Trust Fund under section 519 of this Act to carry out this title shall
be treated as funds authorized to be appropriated to carry out this
title and as funds made available under this title.''.
SEC. 16. FEDERAL FACILITIES CLEAN WATER COMPLIANCE.
(a) Application of Certain Provisions to Federal Facilities.--
Section 313(a) of the Federal Water Pollution Control Act (33 U.S.C.
1323(a)) is amended to read as follows:
``(a) Compliance.--
``(1) Definition of reasonable service charge.--In this
subsection, the term `reasonable service charge' includes--
``(A) a fee or charge assessed in connection with
the processing, issuance, renewal, or amendment of a
permit, review of a plan, study, or other document, or
inspection or monitoring of a facility; and
``(B) any other nondiscriminatory charge that is
assessed in connection with a Federal, State,
interstate, or local water pollution regulatory
program.
``(2) Requirement.--Each department, agency, and
instrumentality of the executive, legislative, or judicial
branch of the Federal Government that has jurisdiction over any
property or facility, or is engaged in any activity that
results, or that may result, in the discharge or runoff of a
pollutant shall be subject to, and shall comply with, all
Federal, State, interstate, and local substantive and
procedural requirements (including any requirement for a permit
or reporting, any provision for injunctive relief and such
sanctions as are imposed by a Federal or State court to enforce
the relief, and any requirement for the payment of a reasonable
service charge) concerning the control and abatement of water
pollution in the same manner, and to the same extent, as any
other person is subject to the requirements.
``(3) Waiver of sovereign immunity.--The United States
expressly waives any immunity otherwise applicable to the
United States with respect to any substantive or procedural
requirement, administrative authority, and process and sanction
described in paragraph (2), including immunity from process in
an administrative or court action seeking--
``(A) injunctive relief;
``(B) imposition of a sanction referred to in this
subsection;
``(C) enforcement of an administrative order;
``(D) imposition of an administrative or civil
penalty or fine; or
``(E) payment of a reasonable service charge.
``(4) Administrative orders and penalties.--The substantive
and procedural requirements described in paragraph (2) include
all administrative orders and all civil and administrative
penalties or fines, regardless of whether the penalties or
fines are punitive or coercive in nature or are imposed for
isolated, intermittent, or continuing violations.
``(5) Injunctive relief.--The United States (including any
agent, employee, or officer of the United States) shall not be
immune or exempt from any process or sanction of any State or
Federal court with respect to the enforcement of any injunctive
relief referred to in paragraphs (2) and (3).
``(6) Civil penalties.--No agent, employee, or officer of
the United States shall be personally liable for any civil
penalty under any Federal, State, interstate, or local water
pollution regulatory program with respect to any act or
omission within the scope of the official duties of the agent,
employee, or officer.
``(7) Criminal penalties.--
``(A) Agents, employees, and officers.--An agent,
employee, or officer of the United States shall be
subject to any criminal sanction (including a fine or
imprisonment) under any Federal, State, interstate, or
local water pollution regulatory program.
``(B) Departments, agencies, and
instrumentalities.--No department, agency, or
instrumentality of the executive, legislative, or
judicial branch of the Federal Government shall be
subject to a sanction referred to in subparagraph
(A).''.
(b) Federal Facility Enforcement.--Section 309 of the Federal Water
Pollution Control Act (33 U.S.C. 1319) is further amended by adding at
the end the following:
``(k) Federal Facility Enforcement.--
``(1) Compliance orders.--
``(A) In general.--Whenever on the basis of any
information available to him or her--
``(i) the Administrator determines that any
department, agency, or instrumentality of the
United States has violated or is in violation
of section 301, 302, 306, 307, 308, 311, 318,
or 405 of this Act, or has violated or is in
violation of any permit condition or limitation
implementing any such section in a permit
issued under section 402 of this Act by the
Administrator or by a State, or in a permit
issued under section 404 of this Act by a
State, or any requirement imposed in a
pretreatment program approved under section
402(a)(3) or 402(b)(8) of this Act, or any
requirement imposed under section 402(b)(9) of
this Act;
``(ii) the Secretary of the Army determines
that any department, agency, or instrumentality
of the United States has violated or is in
violation of section 301 with regard to
discharges of dredged or fill material or any
condition or limitation in a permit issued
under section 404 of this Act; and
``(iii) the Secretary of the department in
which the Coast Guard is operating determines
that any department, agency, or instrumentality
of the United States has violated any provision
of section 311 of this Act or any of its
implementing regulations;
the Administrator or Secretary, as applicable, may
issue an order to assess an administrative penalty for
any past or current violation or require compliance or
correction of any past or current violation immediately
or within a specified time period, or both.
``(B) Required terms.--Any order issued under this
subsection--
``(i) by the Administrator may include a
suspension or revocation of any permit issued
by the Administrator or a State under sections
402 and 404 of this Act; and
``(ii) by the Secretary of the Army may
include a suspension or revocation of any
permit issued by the Secretary of the Army
under section 404 of this Act; and
shall state with reasonable specificity the nature of the
violation. Any penalty assessed in the order shall not exceed
$25,000 per day for each violation.
``(2) Violation of compliance orders.--If a violator fails
to take corrective action within the time specified in an order
issued under paragraph (1)--
``(A) the Administrator or Secretary, as
applicable, may assess a civil penalty of not more than
$25,000 for each day of continued noncompliance with
the order; and
``(B)(i) the Administrator may suspend or revoke
any permit issued pursuant to section 402 or 404 of
this Act which is the subject of the order, whether
issued by the Administrator or the State; and
``(ii) the Secretary of the Army may suspend or
revoke any permit issued pursuant to section 404 of
this Act.
``(3) Emergency orders at federal facilities.--The
Administrator may issue an emergency administrative order to,
and assess an administrative penalty for violations of the
order against, a Federal agency under the same circumstances as
an emergency order may be issued to, and such penalty for
violation of such order may be assessed, against any other
person under this title.
``(4) Public hearing.--
``(A) In general.--Any order issued under this
subsection shall become final unless, not later than 30
days after the order is served, a department, agency, or
instrumentality of the United States named therein requests a public
hearing.
``(B) Conduct.--Upon a request under this
paragraph, the Administrator or Secretary, as
applicable, shall promptly conduct a public hearing.
Such public hearing shall be conducted in accordance
with section 554 of title 5, United States Code.
``(C) Subpoenas.--In connection with any proceeding
under this subsection, the Administrator or Secretary
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.
``(5) Consultation with the administrator.--No
administrative order, including any emergency order or field
citation, issued to a Federal department, agency or
instrumentality under this subsection shall become final until
such department, agency, or instrumentality has had the
opportunity to confer with the Administrator.
``(6) Existing compliance orders.--Nothing in this
subsection shall be construed to alter, modify, or change in
any manner any Federal facility compliance agreement, permit,
administrative order or judicial order that is in effect on the
effective date of this subsection.
``(7) Actions and rights of interested persons.--No
administrative action which has been commenced by the
Administrator or the Secretary under this subsection with
respect to a violation shall preclude a civil enforcement
action under section 505 of this Act for the same violation or
violations.
``(8) Special rules.--
``(A) Public notice.--Before issuing an order 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 order under this subsection
shall be given notice of any hearing held with respect
to the proposed order and the order. In any hearing
held under this subsection, such person shall have a
reasonable opportunity to be heard and to present
evidence.
``(9) Citizen's civil action.--Any person may commence a
civil action on his or her own behalf against--
``(A) any Federal agency that is alleged to have
violated or to be in violation of any order issued by
the Administrator or the Secretary under this title; or
``(B) any Federal agency that fails, within 1 year
of the effective date of a final order, to pay a
penalty assessed by the Administrator or the Secretary
under this subsection.''.
(c) Definition of Person.--
(1) General definitions.--Section 502(5) of the Federal
Water Pollution Control Act (33 U.S.C. 1362(5)) is further
amended by inserting before the period at the end the
following: ``and includes any department, agency, or
instrumentality of the United States''.
(2) Oil and hazardous substance liability program.--Section
311(a)(7) of such Act (33 U.S.C. 1321(a)(7)) is amended by
inserting before the semicolon at the end the following: ``and
any department, agency, or instrumentality of the United
States''.
SEC. 17. APPLICABILITY.
Sections 101(h), 309(g)(6)(A), 505(a)(1), 505(b), 505(g), and
505(i) of the Federal Water Pollution Control Act, as inserted or
amended by this Act, shall be applicable to all cases pending under
such Act on the date of the enactment of this Act and all cases brought
on or after such date of enactment relating to violations which
occurred before such date of enactment.
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