§300h–2 Enforcement of program

Summary

The EPA Administrator must step in when someone breaks underground injection rules. If a State is in charge of enforcing those rules, the Administrator will tell the State and the person who broke the rule. If the State does not start proper enforcement within 30 days, the Administrator will order the person to stop the violation or will sue. If the State is not in charge, the Administrator will order compliance or sue right away. Federal courts can force people to comply and can order penalties of up to $25,000 for each day of violation. If the violation is on purpose, a person can also be jailed for up to 3 years, or fined under federal criminal law, or both. Before issuing an order the Administrator must give written notice and let the person ask for a hearing within 30 days of getting the notice. The public can comment on proposed orders and commenters must be told about hearings and final orders. Orders must explain the violation and may give a deadline to fix it. Orders normally take effect 30 days after they are issued unless appealed to the U.S. District Court for the District of Columbia or the district where the violation happened within 30 days; the appeal must also be sent by certified mail to the Administrator and the Attorney General. The court will only overturn an order if the record lacks substantial evidence or the Administrator abused discretion. The Administrator must consider factors like seriousness, any profit from the violation, past violations, good-faith efforts to comply, economic impact, and other justice-related matters when setting penalties. The Administrator can also issue subpoenas and ask courts to enforce them. State laws can be stricter, but they do not remove federal requirements.