§9121 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When a licensee breaks any rule under this chapter and the Administrator asks for action, the Attorney General must file a lawsuit in the proper U.S. district court to either suspend the license or, if the licensee knew about the problem and it keeps going for 30 days after the Administrator sends a registered letter to the licensee’s record post office address, revoke the license. If the Administrator decides stopping or changing construction or operation of an ocean thermal energy conversion facility, a plantship, or a part of either is needed right away to protect public health and safety or to prevent immediate and serious harm to the environment, the Administrator may order the licensee to stop or alter those activities while the court case moves forward.

Title 42, §9121

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Whenever a licensee fails to comply with any applicable provision of this chapter or any applicable rule, regulation, restriction, or condition issued or imposed by the Administrator under the authority of this chapter, the Attorney General, at the request of the Administrator, shall file an action in the appropriate United States district court to—

(1)suspend the license; or

(2)if such failure is knowing and continues for a period of 30 days after the Administrator mails notification of such failure by registered letter to the licensee at his record post office address, revoke such license.

(b)If the Administrator determines that immediate suspension of the construction or operation of an ocean thermal energy conversion facility or plantship or any component thereof is necessary to protect public health and safety or to eliminate imminent and substantial danger to the environment the Administrator may order the licensee to cease or alter such construction or operation pending the completion of a judicial proceeding pursuant to subsection (a) of this section.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 96–320, Aug. 3, 1980, 94 Stat. 974, known as the Ocean Thermal Energy Conversion Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 9101 of this title and Tables.

Amendments

1984—Subsec. (b). Pub. L. 98–623 substituted “environment” for “environment established by any treaty or convention,”.

§9121 Suspension, revocation, and termination of licenses