§3843 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

EPA staff or state officials the EPA picks can go into places at reasonable times where organotin or other covered antifouling substances are kept or might be kept. They can look around and take samples of containers and labels. The EPA Administrator can also issue subpoenas for witnesses or documents during an investigation, but only after asking the U.S. Attorney General whether the subpoena would hurt a criminal investigation. If the Attorney General says it will not, or does not answer within 30 days, the Administrator may issue the subpoena. If someone refuses, the Administrator can ask the Attorney General to ask a federal court to force compliance. If the Administrator finds such a substance and has reason to think a maker, seller, distributor, or user has broken the rules or plans to, the Administrator can order whoever owns, controls, or has custody of it to stop making, selling, distributing, using, or removing it. After getting that order, the person must not do those things except as the order allows. These powers must follow other related legal rules.

Title 33, §3843

Navigation and Navigable Waters — Source: USLM XML via OLRC

(a)(1)For purposes of enforcing this chapter or any regulation prescribed under this chapter, officers or employees of the Environmental Protection Agency or of any State designated by the Administrator may enter at reasonable times any location where there is being held or may be held organotin or any other substance or antifouling system regulated under the Convention, for the purpose of inspecting and obtaining samples of any containers or labeling for organotin or other substance or system regulated under the Convention.

(2)(A)In any investigation under this section, the Administrator may issue a subpoena to require the attendance of a witness or the production of documents or other evidence if—

(i)before the issuance of the subpoena, the Administrator requests a determination by the Attorney General of the United States as to whether the subpoena will interfere with a criminal investigation; and

(ii)the Attorney General—

(I)determines that the subpoena will not interfere with a criminal investigation; or

(II)fails to make a determination under subclause (I) before the date that is 30 days after the date on which the Administrator makes a request under clause (i).

(B)In the case of refusal to obey a subpoena issued to any person under this paragraph, the Administrator may request the Attorney General to invoke the aid of the appropriate district court of the United States to compel compliance.

(b)Consistent with section 3803 of this title, whenever any organotin or other substance or system regulated under the Convention is found by the Administrator and there is reason to believe that a manufacturer, seller, distributor, or user has violated or is in violation of any provision of this chapter, or that such organotin or other substance or system regulated under the Convention has been or is intended to be manufactured, distributed, sold, or used in violation of this chapter, the Administrator may issue a stop manufacture, sale, use, or removal order to any person that owns, controls, or has custody of such organotin or other substance or system regulated under the Convention. After receipt of that order the person may not manufacture, sell, distribute, use, or remove the organotin or other substance or system regulated under the Convention described in the order except in accordance with the order.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a)(1) and (b), was in the original “this title”, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of title X to the Code, see Tables.

§3843 Epa Enforcement

Summary

Title 33, §3843

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata