§6991e Federal enforcement

Summary

When the Administrator finds someone broke a rule in this part of the law, the Administrator can order that person to fix the problem in a set, reasonable time or can sue in the U.S. district court where the violation happened to get relief, including court orders to stop the violation. If the break happened in a State with an approved program under section 6991c, the Administrator must tell that State before issuing an order or suing. If a person does not follow an order, they can be fined up to $25,000 for each day they keep not complying. An order becomes final unless the named person asks for a public hearing within 30 days of getting the order. The Administrator can require witnesses and documents and set rules for discovery. Orders must say what the violation is, a reasonable time to fix it, and any penalty, taking into account how serious it was and any good-faith efforts to comply. Owners who knowingly fail to give required notice or give false information under section 6991a(a) can be fined up to $10,000 per tank. Owners or operators who fail to follow federal standards under section 6991b, approved State program standards under section 6991c, the interim prohibition in 6991b(g), State training rules under section 6991i, or the delivery prohibition in section 6991k may also be fined. In setting penalties, the Administrator may consider the owner’s or operator’s compliance history and any other appropriate factors.