Page:United States Statutes at Large Volume 100 Part 2.djvu/531

 PUBLIC LAW 99-499—OCT. 17, 1986

100 STAT. 1633

(B) Strike out "not more than $10,000 or imprisoned for not more than one year, or both" and insert in lieu thereof "in accordance with the applicable provisions of title 18 of the United States Code or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both". (2) DESTRUCTION OF RECORDS.—Section 103(d)(2) of CERCLA is 42 USC 9603. for not more than one year or both." and inserting in lieu thereof "in accordance with the applicable provisions of title 18 of the United States Code or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both.". (3) FALSE INFORMATION.—Section
 * amended by striking out "not more than $20,000, or imprisoned

112(b)(1) of CERCLA is

42 USC 9612.

amended by striking out "up to $5,000 or imprisoned for not more than one year, or both" and inserting in lieu thereof "in accordance with the applicable provisions of title 18 of the " United States Code or imprisoned for not more than 3 years (or not more than 5 years in the case of a second or subsequent conviction), or both". (b) SECTION 106 PENALTY.—Section 106(b) of CERCLA is amended 42 USC 9606. by striking out "$5,000" and inserting in lieu thereof "$25,000". (c) CIVIL PENALTIES AND AWARDS.—Section 109 of CERCLA is amended to read as follows: "SEC. 109. CIVIL PENALTIES AND AWARDS.

President of U.S.

"(a) CLASS I ADMINISTRATIVE PENALTY.—

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"(1) VIOLATIONS.—A civil penalty of not more than $25,000 per violation may be assessed by the President in the case of any of the following— "(A) A violation of the requirements of section 103(a) or (b) (relating to notice). ..^ "(B) A violation of the requirements of section 103(d)(2) (relating to destruction of records, etc.). "(C) A violation of the requirements of section 108 (relating to financial responsibility, etc.), the regulations issued .,.. under section 108, or with any denial or detention order under section 108. f.., "(D) A violation of an order under section 122(d)(3) (relatV - ing to settlement agreements for action under section Vf, 104(b)). "(E) Any failure or refusal referred to in section 122(1) ,;.. (relating to violations of administrative orders, consent decrees, or agreements under section 120). "(2) NOTICE AND HEARINGS.—No civil penalty may be assessed 1 under this subsection unless the person accused of the violation is given notice and opportunity for a hearing with respect to the violation. "(3) DETERMINING AMOUNT.—In determining the amount of

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any penalty assessed pursuant to this subsection, the President shall take into account the nature, circumstances, extent and gravity of the violation or violations and, with respect to the violator, ability to pay, any prior history of such violations, the degree of culpability, economic benefit or savings (if any) resulting from the violation, and such other matters as justice may require.

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