PRIA, Government Policy, Made Personal

Summary

If a licensee breaks a rule under this chapter, the Attorney General must go to federal court when the Administrator asks. The court can suspend the license. If the licensee knew about the violation and it keeps going for 30 days after the Administrator sends a registered letter to the licensee’s official address, the court can revoke the license. No court case is needed when the license itself already says it will stop or end automatically on a set condition, event, or date. If the Administrator finds an immediate risk to public health, safety, or the environment, the Administrator can order a licensee to stop or change construction or operation of an ocean thermal energy conversion facility, plantship, or any part of them until the court case is finished.

Title 42, §9121

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

(a)Filing of action by Attorney General; automatic suspension

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.

No proceeding under this section is necessary if the license, by its terms, provides for automatic suspension or termination upon the occurrence of a fixed or agreed upon condition, event, or time.

(b)Immediate suspension of construction or operation pending completion of proceedings

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