Page:United States Statutes at Large Volume 100 Part 2.djvu/653

 PUBLIC LAW 99-499—OCT. 17, 1986

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100 STAT. 1755

violation was found or such penalty imposed. If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order or after the appropriate court has entered final judgment in favor of the United States, the Administrator may request the Attorney General of the United States to institute a civil action in an appropriate district court of the United States to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the violation and the assessment of the civil penalty on the record. (2) The Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with hearings under this section. In case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph and served upon any person, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the administrative law judge or to appear and produce documents before the administrative law judge, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

SEC. 326. CIVIL ACTIONS.

42 USC 11046.

(a) AUTHORITY TO BRING CIVIL ACTIONS.— (1) CITIZEN SUITS.—Except as provided

in subsection (e), any person may commence a civil action on his own behalf against the following: (A) An owner or operator of a facility for failure to do any of the following: (i) Submit a followup emergency notice under section - i..: -'-.. 304(c). (ii) Submit a material safety data sheet or a list under section 311(a). (iii) Complete and submit an inventory form under section 312(a) containing tier I information as described in section 312(d)(1) unless such requirement does not ,1 apply by reason of the second sentence of section 312(a)(2). (iv) Complete and submit a toxic chemical release form under section 313(a). (B) The Administrator for failure to do any of the following: (i) Publish inventory forms under section 312(g). (ii) Respond to a petition to add or delete a chemical under section 313(e)(1) within 180 days after receipt of the petition. (iii) Publish a toxic chemical release form under 313(g). (iv) Establish a computer database in accordance with section 313(j). (v) Promulgate trade secret regulations under section 322(c). (vi) Render a decision in response to a petition under section 322(d) within 9 months after receipt of the ., t.. petition.

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